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HomeMy WebLinkAbout FULL AGENDA PACKET 2021-06-15City Council Meeting Packet June 15, 2021 CLOSED SESSION MEETING - CANCELED REGULAR OPEN MEETING - 5:45 PM CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 Due to Governor Gavin Newsom's -. I . 5-:r^;-and the City Council's " OU o no of r. rJ 0 rn m -: ,:, , there will be limited in -person meeting. Vicente Sarmiento Mayor Thai Viet Phan Councilmember—Ward 1 Jessie Lopez Councilmember- Ward 3 Johnathan Ryan Hernandez Councilmember- Ward 5 David Penaloza Mayor Pro Tem - Ward 2 Phil Bacerra Councilmember- Ward 4 Nelida Mendoza Councilmember- Ward 6 Mayor and Council telephone: 714-647-6900 Agenda item inquiries: 714-647-6520 Sonia R. Carvalho Kristine Ridge City Attorney City Manager Daisy Gomez Clerk of the Council In minpliAnco will) IhP AmpricAnA will) DiSA bililiP.S Act (ADA), it you n2Pd spP. Gael ASAi SIAneP In pAilicipAlP in IhiS MPPling, lacontact Michael Ortiz, City AAA Program Coordinator, at (714) 617-51324. 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 —w .santn-AnA.orq/city-meetings. City Council 1 6/15/2021 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 6/15/2021 Due to Governor Gavin Newsom's Executive Order and the City Council's Proclamation of Local Emergency, there will be limited in -person attendance for members of the public to attend the City Council meeting orjoin via Zoom. 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„/ „y„ pt�klkai:.:zs:p:Yl.Rd zF.P:/..•`Mr �.fbfaPnC:kr�.t.Ak�C;1.B:� or on CTV3, available on Spectrum channel 3 and AT&T U-verse channel 99. PUBLIC COMMENTS — Members of the public who wish to address the City Council on closed session items, items on the regular agenda or on matters which are not on the agenda, but are within the subject matter jurisdiction of the City Council may do so by: 1. MAILING OPTION written communications — Public comments may be mailed to: Office of the Clerk of the Council, 20 Civic Center Plaza M-30, Santa Ana, CA 92701. All written communications received via mail by 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City's document archive system which is available for public review. 2. SENDING E-MAIL OPTION — Public comments may be sent via email to the City Clerk's office n .=rrc . Please note the agenda item you are commenting on in the subject line of the email. All emails received before 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City's document archive system which is available for public review. 3. PROVIDING LIVE PUBLIC COMMENTS OPTION — Members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser.l::,:ttp6,�/I.LA,��,02wc�b 7.(,Kxn us&3159,65 - (• . To join the Conference Call: Dial (669) 900-9128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for i) general public comment, ii) to speak on a specific agenda item or iii) for a public hearing item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller's phone number or Zoom ID and unmutes them, the caller must press `6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak. 4. IN -PERSON PUBLIC COMMENTS OPTION - Members of the public can provide in - person comments at the podium in the Council Chamber. The Council Chamber will have limited seating available for members of the public to attend the meeting in -person. All persons visiting City facilities must wear face masks and observe social distancing protocols. Once the Chamber has reached health and safety capacity, the participant will be asked to exit the building once their comments have been made. 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 6:00 p.m. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NON -AGENDA ITEMS (GENERAL PUBLIC COMMENT) — You can provide comments byjoining Zoom or City Council 3 6/15/2021 the Conference Call as described in the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL PRIOR TO 6:00 p.m. Speakers who are not in the speaker queue by 6:00 p.m. will not be permitted to speak. LIVE PUBLIC COMMENTS ON PUBLIC HEARING 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 6:00 p.m. will not be permitted to speak. About the Agenda To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball , ) or download a pdf (the cloud symbol with the down arrow ). Cy_ a • • :7174: ATTEUD&UCE.clTe-ubers Mayor Pro Tern Mayor I9i111111-f74=3 Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza 111i -TIll _1iUM' , David Penaloza Vicente Sarmiento City Manager Kristine Ridge City Attorney Sonia R. Carvalho Clerk of the Council Daisy Gomez PLEDGE OF ALLEGIANCE Mayor Sarmiento INVOCATION Fayaz Nawabi CEREMONIAL PRESENTATIONS 1. Proclamation presented by Mayor Sarmiento to LGBTQ Center OC recognizing June 2021 as LGBTQ Pride Month. 2. Certificate of Recognition presented by Councilmember Hernandez to Orange County Children's Therapeutic Arts Center, Congratulating the Winners of the Aspiring Musician Challenge 2021. 3. Proclamation presented by Councilmember Phan to OC Justice Fund recognizing June 2021 as Immigrant Heritage Month. City Council 4 6/15/2021 STAFF PRESENTATIONS 4. COVID-19 Update in the Community. PUBLIC COMMENT— Public comments will be held during the beginning of the meeting for ALL comments on agenda and non -agenda items, with the exception of public hearings. Comments for public hearings will take place after the hearing is opened. I CONSENT CALENDAR RECOMMENDED ACT/ON: Approve staff recommendations on the following Consent Calendar Items: 5 through 35. 5. Excused Absences Department(s): Clerk of the Council Recommended Action: Excuse the absent members. 6. Adopt Ordinance No. NS-XXXX — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROPRIATING MONIES TO THE SEVERAL OFFICES, AGENCIES, AND DEPARTMENTS OF THE CITY FOR FISCAL YEAR BUDGET PERIOD COMMENCING JULY 1, 2021 First reading at the June 3, 2021 Adjourned Regular City Council meeting and approved by a vote of 7-0. Published in the Orange County Reporter on June 9, 2021. Department(s): Finance and Management Services Recommended Action: Place ordinance on second reading and adopt. 7. Santa Anita Handball Court Update Department(s): Parks, Recreation, and Community Services Recommended Action: Receive and file the Santa Anita Handball Court public input update. 8. Receive and File Certification of Approval by City Engineer of Final Tract Map 2018-04 (3417 West Fifth Street) (Applicant: David Doung; Owner: Little Saigon, LLC) Department(s): Public Works Agency Recommended Action: Receive and file certification of approval by City Engineer of final Tract Map 2018-04. 9. Approve Destruction of Obsolete City Records City Council 5 6/15/2021 Department(s): Clerk of the Council Office, Community Development Agency Recommended Action: Approve the request for the destruction of obsolete records from Community Development Agency in accordance with the retention schedule outlined in City Council Resolution 2013-014. 10. Approve an Appropriation Adjustment recognizing State of California, Department of Housing and Community Development (HCD) LEAP Grant Funds in the Amount of $750,000 Department(s): Planning and Building Agency Recommended Action: Approve an appropriation adjustment recognizing State of California, Department of Housing and Community Development (HCD) LEAP Grant funds in the amount of $750,000 in the Planning and Building Agency revenue account and appropriate same to expenditure accounts. (Requires five affirmative votes) 11. Award a Blanket Order Contract in an Amount Not to Exceed $500,000 to Golden Bell Products, Inc., for Insecticidal Latex Coating Services for Sewer Manholes (Specification 21-068) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Award a blanket order contract to Golden Bell Products, Inc. for insecticidal latex coating services in an annual amount not to exceed $100,000, for a total contract amount not to exceed $500,000, including extensions, for a two-year term beginning June 15, 2021 and expiring June 14, 2023, with provisions for three one-year renewal periods exercisable by the City Manager and City Attorney, subject to non -substantive changed approved by the City Manager and City Attorney. 12. Award a Purchase Order in the Amount of $125,871 to Fairway Ford Sales, Inc. for Three Ford Police Interceptor Utility Vehicles (Specification No. 21-053) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize a one-time purchase and payment of purchase order to Fairway Ford Sales, Inc. for three Ford Police Interceptor utility vehicles, in the amount of $125,871 plus a contingency of $15,000, for a total amount not to exceed $140,871, subject to non -substantive changes approved by the City Manager and City Attorney. 13. Award a Purchase Order in the Amount of $152,051 to Transwest Truck Center, LLC for One Ford Super Duty F550 Valve Truck (Specification No. 21-052) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize a one-time purchase and payment of purchase order to Transwest Truck Center, LLC for one Ford Super Duty F550 Valve Truck in City Council 6 6/15/2021 the amount of $152,051 plus a contingency of $10,000, for a total amount not to exceed $162,051, subject to non -substantive changes approved by the City Manager and City Attorney. 14. Award a Purchase Order in the Amount of $82,512 to TransWest Truck Center, LLC for One Ford Super Duty F550 Platform Body Truck (Specification No. 21-048) (Non - General Fund) Department(s): Public Works Agency Recommended Action: Authorize a one-time purchase and payment of purchase order to Transwest Truck Center, LLC for one Ford Super Duty F550 Platform Body Truck in the amount of $82,512 plus a contingency of $5,000, for a total amount not to exceed $87,512, subject to non -substantive changes approved by the City Manager and City Attorney. 15. Award a Purchase Order in the Amount of $187,790 to Winner Chevrolet Inc., for One Chevrolet Traverse and Four Chevrolet Colorados (Specification No. 21-058) (Non - General Fund) Department(s): Public Works Agency Recommended Action: Authorize a one-time purchase and payment of purchase order to Winner Chevrolet Inc. for one Chevrolet Traverse and four Chevrolet Colorados in the amount of $187,790 plus a contingency of $10,000, for a total amount not to exceed $197,790, subject to non -substantive changes approved by the City Manager and City Attorney. 16. Award a Purchase Order in the Amount of $75,379 to Western Truck Exchange for One Ford Super Duty F550 Flatbed Dump Truck (Specification No. 21-049) (Non - General Fund) Department(s): Public Works Agency Recommended Action: Authorize a one-time purchase and payment of purchase order to Western Truck Exchange for one Ford Super Duty F550 Flatbed Dump Truck in the amount of $75,379, plus a contingency of $5,000, for a total amount not to exceed $80,379, subject to non -substantive changes approved by the City Manager and City Attorney. 17. Award a Purchase Order in the Amount of $369,476 to Tolar Manufacturing for Bus Benches and Trash Containers (General Fund) Department(s): Public Works Agency Recommended Action: Authorize a one-time purchase and payment of purchase order to Tolar Manufacturing for 159 bus benches and 159 trash containers, for a total amount not to exceed $369,476, subject to non -substantive changes approved by the City Manager and City Attorney. City Council 7 6/15/2021 18. Award a Purchase Order in the Amount of $58,987 to Headlands Associates for HP Support Contract for Servers and Storage Systems (Specification No. 21-051) (Non - General Fund) Department(s): Information Technology Recommended Action: Authorize a one-time purchase and payment of purchase order to Headlands Associates for HP Support Contract for Servers and Storage Systems, in the amount of $58,987, subject to non -substantive changes approved by the City Manager and City Attorney. 19. Approve an Agreement with Community SeniorServ, Inc. dba Meals On Wheels Orange County for the Senior Meals Program in an Amount Not to Exceed $90,290 for the Period July 1, 2021 to June 30, 2022 (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with Community SeniorServ, Inc. dba Meals On Wheels Orange County for the Senior Meals Program in an amount not to exceed $90,290 for the period July 1, 2021 to June 30, 2022, subject to non -substantive changes approved by the City Manager and City Attorney. (Agreement No. 2021-XXX) 20. Approve Agreements with Breeze Creative, Imagine Exhibitions and Spineless Wonders to Provide As -Needed Short -Term Santa Ana Zoo Exhibits for an Annual Aggregate Amount of $250,000 and a Total Aggregate Amount Not to Exceed $750,000 for the period June 15, 2021 to December 31, 2023 (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute agreements with Breeze Creative LLC, Imagine Exhibitions, Inc., and Spineless Wonders to provide as -needed short-term Santa Ana Zoo exhibits for an annual aggregate amount of $250,000 and a total aggregate arnount of $750,000 from June 15, 2021 to December 31, 2023, to be funded by the Cannabis Public Benefit Fund, subject to non -substantive changes approved by the City Manager and City Attorney. (Agreement No. 2021-XXX) 21. Approve an Agreement with Governmentjobs.com Inc. (d/b/a °NEOGOV°) for Online Onboarding and Performance Evaluation Services (General Fund) Department(s): Human Resources Recommended Action: Authorize the City Manager to execute a two-year agreement with NEOGOV for online Onboard and Perform services for the period of July 1, 2021 through June 30, 2023 in the amount of $85,709.19, with provisions for two (2) one-year renewals, which, if exercised would not exceed a total of $188,161.47, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). City Council 8 6/15/2021 22. Approve Agreements With Clariti Cloud, Inc., Avocette Technologies, Inc., and Park Consulting Group, Inc. For Enterprise Land Management System (Non -General Fund) Department(s): Information Technology Recommended Action: 1. Authorize the City Manager to execute an Agreement with Clariti Cloud, Inc., for software subscription licensing of a permitting and licensing system for a five-year period beginning July 1, 2021 through June 30, 2026 for $1,445,476, plus a 20% contingency of $289,095, for a total not to exceed amount of $1,734,5701, subject to non -substantive changes approved by the City Manager and City Attorney. (Agreement No. 2021-XXX) 2. Authorize the City Manager to execute an Agreement with Avocette Technologies, Inc., for implementation services for a two-year period beginning July 1, 2021 through June 30, 2023 for $1,171,079, plus a 30% contingency of $351,324, for a total not to exceed amount of $1,522,403, subject to non -substantive changes approved by the City Manager and City Attorney. (Agreement No. 2021-XXX) 3. Authorize the City Manager to execute an Agreement with AvoceLLe Technologies, Inc., for managed support services for a three-year period beginning July 1, 2023 through June 30, 2026 for an annual not to exceed amount of $79,443, which includes a 30% contingency, for a total not to exceed amount of $317,772 over the life of the agreement, subject to non -substantive changes approved by the City Manager and City Attorney. (Agreement No. 2021-XXX) 4. Authorize the City Manager to execute an Agreement with Park Consulting Group, Inc., for project quality assurance services for a two-year period beginning July 1, 2021 through June 30, 2023 for a total not to exceed amount of $95,000, subject to non -substantive changes approved by the City Manager and City Attorney. (Agreement No. 2021-XXX) 23. Approve an Amendment to the Agreement with EcoNomics, Inc. for Solid Waste Consultant Services to Modify the Scope of Work, Increase the Agreement Capacity in an Amount Not to Exceed $119,988, and Extend the Term up to Two Years (Non - General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an amendment to the agreement with EcoNomics Inc. to extend the agreement for a one-year period to June 30, 2022 with an option for a one-year extension; expand the solid waste consulting services scope of work; increase the total compensation by $99,990, plus a 20 percent contingency of $19,998, for a total additional amount not to exceed $119,988, subject to non -substantive changes approved by the City Manager and City Attorney. (Agreement No. 2021-XXX) 24. Approve the Second Amendment to the Agreement with HF&H Consultants, LLC, for Solid Waste Consultant Services to Expand the Scope of Work and Increase the Agreement Capacity by $120,000 for the Remaining Term of the Agreement (Non - General Fund) City Council 9 6/15/2021 Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute the second amendment to the agreement with HF&H Consultants, LLC to expand the solid waste consulting services scope of work and increase the total compensation by $100,000, plus a 20 percent contingency of $20,000, for a total additional amount not to exceed $120,000 for the remaining term of the agreement expiring June 30, 2022, subject to non -substantive changes approved by the City Manager and City Attorney. (Agreement No. 2021-XXX) 25. Approve Agreement with All City Management Services, Inc. for the School Crossing Guard Program for up to a Five-year Term in an Amount not to Exceed $6,870,353 (General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with All City Management Services, Inc. to provide a school crossing guard program, in the amount of $6,245,775, with a 10 percent contingency of $624,578, for a total amount not to exceed $6,870,353 for a three-year term beginning July 1, 2021 and expiring June 30, 2024, with an option for two, one-year extensions, subject to non -substantive changes approved by the City Manager and City Attorney. (Agreement No. 2021- XXX) 26. Approve Agreements with Ocean Blue Environmental Services, Inc. and United Storm Water, Inc. for Spill Response, Hazardous Waste Disposal, and Storm Drain Facility Maintenance Services for up to a Five-year Term in an Amount not to Exceed $1,750,000 per Agreement (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with Ocean Blue Environmental Services, Inc. and United Storm Water, Inc. to provide spill response, hazardous waste disposal, and storm drain facility maintenance services in the annual amount of $350,000 for each agreement, for a total amount not to exceed $1,750,000 per agreement, for a three-year term beginning June 15, 2021 through June 14, 2024, with provisions for one two-year extension, subject to non -substantive changes approved by the City Manager and City Attorney. (Agreement No. 2021- XXX) 27. Approve a Maintenance Agreement with the Mesa Water District for Maintenance and Repair of a Drainage Pipeline in the City of Santa Ana Right -of Way for the Lifetime of Mesa Water District Croddy Well 14 Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a no -cost agreement with the Mesa Water District for the maintenance and repair of a Mesa Water District - owned water conveyance pipeline located within the City of Santa Ana right-of-way, City Council 10 6/15/2021 beginning upon execution of the agreement and continuing through the lifetime of Mesa Water District Croddy Well 14, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 28. Approve an Agreement with County of Orange for a Parking Lease at the 420 N Main Street Parking Structure Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute an agreement with the County of Orange to lease 40 parking spaces at the City -owned parking structure at 420 N Main Street, for a five-year term from August 1, 2021 to July 31, 2026, with an option to extend for an additional five-year term, in the amount payable to the City's designated parking operator in the amount of $2,000 per month, subject to non - substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 29. Approve Amendments to the Loan Agreements for the Santa Ana Arts Collective; Approve Subordination Agreements for the Amended Loans; Adopt a Resolution for SCAG's Go Human Program; and Approve Appropriation Adjustment. Department(s): Community Development Agency Recommended Action: 1. Authorize the City Manager to execute a Third Amendment to the First Amended and Restated CDBG and Inclusionary Housing Funds Loan Agreements for the Santa Ana Arts Collective, to address a change in affordability levels, and a modification to the residual receipt split in recognition of a loan from the California Housing Finance Agency, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 2. Authorize the City Manager to execute a Second Amendment to the HOME Loan Agreement for the Santa Ana Arts Collective, to address a change in affordability levels and a modification to the residual receipt split in recognition of a loan from the California Housing Finance Agency, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 3. Authorize the City Manager to execute a future Subordination Agreement with the State of California Department of Housing and Community Development (HCD) for the Affordable Housing and Sustainability Communities (AHSC) loan agreement, subject to approval as to form by the City Attorney (Agreement No. 2021-XXX). 4. Resolution No. 2021-XXX — Adopt a Resolution authorizing the City Manager to enter into an agreement with the State of California Department of Housing and Community Development (HCD) for Affordable Housing and Sustainability Communities (AHSC) program grant funding for management and disbursement of a $22,500 funding contribution to the Southern California Association of Government's (SCAG) Go Human program (Agreement No. 2021-XXX). 5. Approve an appropriation adjustment for FY 21-22, recognizing funds from the State of California Department of Housing and Community Development (HCD) for City Council 11 6/15/2021 Affordable Housing and Sristainability Communities (AHSC) program in the amount of $22,500 in revenue account and appropriating the same amount to the Payment to Other Agencies expenditure account. (Requires five affirmative votes) 30. Approve an Amendment to an Agreement with City Net to Provide Street Outreach and Engagement Services in an Increased Amount of $230,000 for a Total Grant Agreement not to Exceed $968,390 (General Fund) Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute an amendment to extend the agrcemcnt with City Not and to increase the contract by $230,000, for a total contract amount riot to exceed $968,390 to provide street outreach and engagement services through October 31, 2021, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 31. Approve a Future Agreement with Salvation Army to Operate the Hospitality House for Individuals Experiencing Homeless in Santa Ana until the Time that the Carnegie Shelter is Operational (Grant Funded) Department(s): Community Development Agency Recommended Action: Direct the City Attorney to finalize and authorize the City Manager to execute a future Agreement with Salvation Army to operate a temporary 75-bed homeless shelter at 818 E Third Street in Santa Ana, in the amount of $390,000 for an anticipated 90-day period, subject to extension, for a total amount not -to exceed $780,000 from June 28, 2021 through December 28, 2021, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 32. Proposed Parks, Recreation and Community Services Commission By -Law Amendments Department(s): Parks, Recreation, and Community Services Recommended Action: Resolution No. 2021-XXX—Adopt a resolution amending the Parks, Recreation and Community Services Commission bylaws. 33. Proposed Youth Commission Bylaw Amendments Department(s): Parks, Recreation, and Community Services Recommended Action: Resolution No. 2021-XXX — Adopt a resolution amending the Youth Commission bylaws. 34. Adopt a Resolution Establishing the Appropriations Limit of the City of Santa Ana for Fiscal Year 2021-22 Department(s): Finance and Management Services City Council 12 6/15/2021 Recommended Action: Resolution No. 2021-XXX —Adopt a resolution establishing the appropriations limit of the City of Santa Ana for FY 2021-22, as required by state law. 35. Approve Renewal of Joint Powers Authority Agreement between the City of Santa Ana and Independent Cities Risk Management Authority (ICRMA) and Approve Associated Insurance Premiums and Corresponding Agreement for an Amount not to Exceed $8,000,000 and Approve Appropriation Adjustment of $1,500,000 (Non - General Fund) Department(s): Human Resources Recommended Action: 1. Authorize the City Manager to approve the agreement between the City of Santa Ana and Arthur J. Gallagher, broker of record, from July 1, 2021 to June 30, 2022 for insurance brokerage services, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021- XXX). 2. Authorize the City Manager to approve payment of insurance premiurs to Independent Cities Risk Management Authority (ICRMA) for excess liability and workers' compensation for protection of City's assets. a. Approve the City's continued participation in ICRMA's Excess Liability Program from July 1, 2021 to Juno 30, 2022 at estimated premium, fees, and taxes not to exceed $3,936.181. b. Approve the City's continued participation in ICRMA's Excess Workers' Compensation Program from July 1, 2021 to June 30, 2022, at estimated premium, fees, and taxes not to exceed $362,219. c. Approve the City's continued participation in the ICRMA's Auto Physical Damage Program from July 1, 2021 to June 30, 2022 at estimated premium, fees, and taxes not to exceed $119,215. d. Approve the City's continued participation in the ICRMA's Property and Equipment Program from July 1, 2021 to June 30, 2022 at estimated premium, fees, and taxes not to exceed $484,653. e. Approve the City's continued participation in ICRMA's Crime Program from July 1, 2021 to June 30, 2022 at estimated premium, fees, and taxes not to exceed $15,456. f. Approve the City's continued participation in ICRMA's Cyber Program from July 1, 2021 to June 30, 2022 at estimated premium, fees, and taxes not to exceed $70,314. 3. Authorize the City Manager to approve payment of insurance premiums to Arthur J. Gallagher, Broker, for coverages of City's assets. a. Approve the City's General Liability Buffer Program from July 1, 2021 to June 30, 2022 at estimated premium, fees, and taxes not to exceed $962,000; b. Approve the City's Workers' Compensation Buffer Program from July 1, 2021 to June 30, 2022 at estimated premium, fees, and taxes not to exceed $240,118; c. Approve the City's Earth Movement & Flood and Difference in Coverage Program from July 1, 2021 to June 30, 2022 at estimated premium, fees, and taxes not to exceed $985,856; d. Approve the City's Terrorism Insurance Program from July 1, 2021 to June 30, 2022 at estimated premium, fees, and taxes not to exceed $12,330; and e. Approve the City's Underground Storaqe Tank Program from Julv 1, 2021 to June City Council 13 6/15/2021 30, 2622 at estimated premium, fees, and taxes not to exceed $16,157. 4. Approve the City's obligation to pay the State of California Department of Industrial Relations (DIR) fee for the Workers' Compensation Program from July 1, 2021 to June 30, 2022, at an estimated assessment not to exceed $365,000. 5. Authorize an appropriations adjustment to add an amount not to exceed $1,500,000 to account Insurance Payment for increased expenditures to insurance premiums above the currently proposed budget. (Requires five affirmative votes) **END OF CONSENT CALENDAR** 36. Ordinance Repealing and Reenacting the Santa Ana Municipal Code Chapter 33, Section 54 Establishing the Preservation of Newly Constructed and Reconstructed Arterial Streets, Local Streets, and Alleys Department(s): Public Works Agency Recommended Action: Approve the first reading of an ordinance repealing and reenacting the Santa Ana Municipal Code Chapter 33, Section 54 establishing the preservation of newly constructed and reconstructed arterial streets, local streets and alleys. **END OF BUSINESS CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS — Members of the public may address the City Council on Public Hearing items. 37. Public Hearing - Adoption of an Ordinance Approving ZOA No. 2021-01 Amending Sections 41-472 and 41-472.5 of the Santa Ana Municipal Code (SAMC) to Require a Conditional Use Permit (CUP) for Light Processing Facilities in the Light Industrial (M-1) Zoning District Published in the Orange County Reporter on June 4, 2021. Department(s): Planning and Building Agency Recommended Action: Adopt an ordinance approving ZOA No. 2021-01 to amend Sections 41-472 and 41-472.5 of the Santa Ana Municipal Code (SAMC) requiring e conditional use permit (CUP) for Light Processing Facilities in the Light Industrial (M- 1) zoning district. City Council 14 6/15/2021 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. 1. Solid Waste Services Work Study Session 2. Carnegie Shelter Operator 3. Police Oversight Update 4. Enhanced Homeless Outreach Services 5. Mental Health Mobile Outreach Services City Council 15 6/15/2021 EXHIBIT 1 ROH — 6-1-21 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROPRIATING MONIES TO THE SEVERAL OFFICES, AGENCIES, AND DEPARTMENTS OF THE CITY FOR FISCAL YEAR BUDGET PERIOD COMMENCING JULY 1. 2021 THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. The City Manager has prepared and submitted to the City Council, pursuant to Section 605 of the City Charter, a proposed budget for expenditures for the fiscal year commencing July 1, 2021. B. In accordance with Section 606 of the City Charter, a public hearing has been held upon the proposed budget of expenditures after notice of such public hearing had been published in the manner prescribed in Section 606 of the City Charter. C. The proposed budget of expenditures duly submitted and considered as herein stated, together with any supplemental revisions and amendments thereto, was approved, adopted, and fixed by the City Council as the budget of the City for fiscal year 2021-2022, commencing July 1, 2021, in the amounts and for the funds, purposes, functions, department activities, and programs as therein set forth, including the Seven -Year Capital Improvement Program update per Orange County Transportation Authority Measure M2 eligibility requirement. The adopted budget, including any supplemental revisions and amendments, together with a copy of the appropriation ordinance, shall be placed in the official files of the Clerk of the Council. Section 2. There are hereby appropriated to the several offices, agencies, and departments of the City, being the respective object and purposes specified in that certain document entitled "Fiscal Year 2021-2022 City Budget", a copy of which is on file in the Office of the Clerk of the Council, out of the various funds of the City for fiscal year 2021-2022, the several amounts stated as proposed expenditures from such funds, respectively, in those columns of the Budget that are headed "FY 21-22". Each aggregate of expenditures so specified in the Budget for the fiscal year for each program shall be deemed to be an appropriation for a single object and purpose within the meaning of Section 609 of the City Charter, except that as to any office, department, City Council 6-1 0r,,;U,t5QQ Xxxx Pace 1 of a or agency of the City for which more than one program is designated in Fiscal Year 2021-2022 City Budget, the aggregate expenditure authorized for all programs in Fiscal Year 2021-2022 City Budget of each such office, department, or agency shall be deemed to be an appropriation for a single object and purpose within the meaning of Section 609 of the City Charter. Section 3. The appropriations hereby made shall constitute the maximum expenditures authorized for the several offices, agencies, and departments opposite which the amounts of such appropriations are shown in the Budget, and as set forth in Exhibit 1 attached hereto and incorporated herein by reference. Section 4. No warrant shall be issued or indebtedness incurred for any purpose that exceeds the unexpended balance of the appropriations established by this ordinance, unless such appropriation shall have been amended or supplemented by the City Council in the manner set forth in Section 609 of the City Charter. The City Manager is hereby authorized to make revisions between the items included within any such appropriation if, in his/her opinion, such revisions are necessary and proper. Section 5. In accordance with Governmental Accounting Standards Board Statement 54, the City Manager or his/her designee is hereby authorized, as of the date of this ordinance, to allocate assigned governmental funds' balances to specific programs and activities as deemed necessary and proper. Section 6. The Executive Director of Finance and Management Services is hereby authorized to transfer monies in accordance with the Inter -fund Transfers listed in the Budget, in such amounts and at such times during the fiscal year as he/she may determine necessary to the competent operation and control of City business, except that no such transfer shall be made in contravention of State law or City ordinance or exceed in total the amount stated herein or as amended by the City Council. Section 7. One certified copy of this appropriation ordinance together with a certified copy of each amendment thereto shall be transmitted by the Clerk of the Council to the Executive Director of Finance and Management Services. Section 8. The City Council of the City of Santa Ana hereby adopts the updated Seven -Year Capital Improvement Program, as set forth in the 2021-2022 City Budget. Section 9. Upon and from the effective date of this ordinance, expenditures of monies appropriated hereby are authorized beginning July 1, 2021. Section 10. The Clerk of the Council shall cause the title of this ordinance to be published as required by law. Section 11. All presently applicable documentation pertaining to the number, titles, qualifications, powers, duties, or compensation of officers or employees of the City Council 6-2 Ord, nl. NQ JXXXX Pagc 2 or 3 City, which has been previously approved by resolution or order of the City Council and which is currently on file with the Executive Director of Human Resources, is incorporated herein and is hereby approved. The City Manager is authorized to create, alter, or abolish any position of employment, or the number, title, qualifications, powers, duties, or compensation thereof, when such action is appropriate to promote the efficiency of the City administrative organization; provided, however, that no such action shall be effective unless and until approved by resolution or order of the City Council. ADOPTED this day of APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By; % .l Ryan, O. Hodge Assistant City Attorney AYES: 10161:1144 Councilmembers Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 1029300 1 Vicente Sarrriiento Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2021, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date Clerk of the Council City of Santa Ana City Council 6-3 Ord, nl. NQ JXXXX Pagc 3 or 3 *N61l:lYil [gig JI4:1i\11111ill01C Proposed 6/1/21 Approved 6/3/23 City Manager $ 2,535,810 $ 2,774,200 Legislative 569,280 569,280 Non -Departmental 2,182,300 2,182,300 Unfunded Pension Liability Payment 47,024,480 47,024,480 Transfers for Debt Payment 9,039,440 9,039,440 Transfers for Projects 15,134,070 15,134,070 Clerk of Lhe Council 2,130,790 1,470,790 City Attorney's Office 2,955,140 2,955,140 Human Resources 3,455,190 3,455,190 Finance 10,416,490 10,416,490 Library 5,864,340 5,864,340 Museum Fund 1,474,030 1,474,030 Parks & Recreation 23,289,740 23,289,740 Police 141,082,500 141,082,500 Fire 51,618,690 51,618,690 Planning & Ruilding 15,535,280 15,s35,2so Public Works 15,711,070 15,711,070 Community Development Agency 3,798,130 3,898,130 Total General Fund $ 353,816,770 $ 353,495,160 City Council 6-4 6/15/2021 EXHIBIT 1 Proposed 6/1/21 Approved 6/3/21 Fund 012 - Cannabis Public Benefit (City Attorney) $ 718,940 $ 718,940 Fund 012 - Cannabis Public Benefit (Finance) 359,960 3S9,960 Fund 012 Cannabis Public Benefit (Library) 2,000,000 2,000,000 Fund 012 - Cannabis Public Benefit (PRCSA) 7,637,690 7,637,690 Fund 012 - Cannabis Public Benefit (Police) 1,608,510 1,608,510 Fund n12 - Cannabis Public Benefit (PBA) 978,97n 978,970 Fund 016 - CASp Certification 85,000 85,000 Fund 021 - CATV Capital Support (PEG) 250,000 250,000 Fund n77 - I ihrary Fee and Donation 77,7nn 27,700 Fund 022 - PRCSA Fee and Donation 410,800 410,800 Fund 051 - Capital Outlay (Non -Departmental) 292,000 292,000 Fund O51 - Capital Outlay (PRCSA) 2,588,400 2,588,400 Fund 053 - City Services (Police) 299,440 299,440 Fund 053 - City Services (PBA) 3,633,800 3,633,800 Fund 100 - 4S/ Admin Plan S4,S00 S4,S00 Fund 110 - SMIP 16,000 16,000 Fund 120 - Fire Facilites Fund 723,500 723,500 fund 121 - Special Repair/Demolition 30,000 30,000 Total General fund Set -Aside funds $ 21,715,210 $ 21,715,210 Fund 031 - Air Quality Improvement Fund (HR) $ 144,470 $ 144,470 Fund 031 - Air Quality Improvement Fund (Planning) 334,310 331,310 Fund 031 - Air Quality Improvement Fund (PWA) 1Su,00u 150,000 Fund 122 - Emergency & Health Grants 1,296,440 1,296,440 Fund 123 - Workforce Investment Act 2,634,720 2,634,720 Fund 124 - Orange County SSA Grant 838,970 838,970 Fund 125 Urban Areas Security Initiative Grant 2,838,290 2,838,290 Fund 127 - COPS Hiring Grant 798,740 798,740 Fund 128 - Law Enforcement Grant 77S,690 775,690 Fund 130 - HOME Program 5,466,150 5,466,150 Fund 135 - Community Development Block Grant 19,861,150 19,861,150 Fund 13G - Housing Authority - Voucher HAP 40,135,000 40,135,000 Fund -137 - Housing Authority - Mainstream 7,750,nn0 7,7SO,000 Fund 138 - Housing Authority - MS 2,635,000 2,635,000 Fund 139 - Housing Authority - New Construction 225.000 225,000 Fund 140- I lousing Authority - Voucher ADM 4,045,040 4,045,040 Fund 142 - Neighborhood Stabilization Program 1,168,130 1,168,130 Fund 144 - Prison to Employment Program 2,884,310 2,881,310 Fund 145 - Rental Rehabilitation Grant 398,000 399,000 Fund 1S8 - PLHA (CDA) 174,600 174,600 Fund 158 - SB2 Planning (PW) 342,000 312,000 fund 165 - Office of Traffic Safcty Crant 141,360 141,360 Fund 169 - Recreation Grant Fund 301,580 301,580 Total Grant Funds $ 89,838,950 $ 89,838,950 City Council 6-5 6/15/2021 EXHIBIT 1 Proposed 6/1/21 Approved 6/3/21 Fund 020 - Traffic Offender Program $ 60,210 $ 60,210 Fund 023 - Inmate Welfare Fund 1,869,540 1,869,540 Fund 074 - Police Artivities R Programs 774,780 774,780 Fund 025 - Community Developrnenl 109,000 109,000 Fund 029 - Special Gas Tax 16,684,670 17,934,670 Fund 074 - Civic Center Authority (PRCSA) 2,873,770 2,873,770 Fund 074 - Civic Center Authority (Police) 1,680,000 1,680,000 Fund 133 - Housing Authority Issuer Fee 87,4S0 87,4S0 Fund 166 - US DOJ Asset Forfeiture Fund 76n,24n 760,240 Fund 167 - US Treasury Asset Forfeiture 142,270 142,270 Fund 170 - MSS Hap Cares Act COVID-19 56S,000 56S,000 Fund 177 - Fmergency, rental Assisfanr Program 5,930,390 5,930,390 Fund 417 - Indusionary Housing 7,006,390 7,006,390 Fund 607 - Santa Ana Financing Authority 1,714,080 1,714,080 Fund 6SS - 2018 A & B Tax Allocation Refunding Bonds 6,489,930 6,489,930 Fund 670 - City of Santa Ana Redevelopment Agency 150,000 1S0,000 Fund 671 - City of Santa Ana Redevelopment Agency Obligation Ret 7,071,310 7,071,310 Total Other Restricted Funds $ 53,471,560 $ 54,721,560 Fund 032 Measure M $ 5,738,920 $ 5,738,920 Fund 034 - New Tran5purLa Liori SysLern Improvernenl Area E 1,000,000 1,000,000 Fund 054 - Sewer Capital Recovery Fund 2,180,000 2,180,000 Fund 055 - Sewer Connection Fee 2,167,000 2,167,000 Fund 059 - Select Street Construction 11,637,920 11,637,920 Fund 147 Fcdcrnl Aid Safcty Program 170,800 170,800 Fund 148 - 1 raffic Saftey Management Program 4,849,000 4,849,000 Fund 224 - Local Drainage Area IV 50,000 50,000 Fund 312 - Residentiol Development District 2 1,018,000 1,019,000 Fund 313 - Residential Development District 3 70,000 70,000 Fund 4n0 - Policing Building Debt Service Fund 4,622,100 4,622,100 Fund 404 City of Santa Ana Lease Financing Debt Service 5,156,160 5,156,160 Fund 418 - Peebler Capital Fund S,771,700 S,771,700 Total Capital Funds $ 44,431,600 $ 44,431,600 Fund 027 - Parking Operations $ 3,738,450 $ 3,738,4S0 Fund 056 - Sanitary Sewer Fund 8,651,780 8,651,780 Fund 0S7 - Federal Clean Water Protection 4,892,500 4,892,500 Fund 060 - Water Enterprise 89,816,910 89,816,910 Fund 066 - Water Utility Capital Construction 19,42S,000 19,42S,000 Fund 067 - Santa Ana Regional TransporLaLion Center 1,699,770 1,699,770 Fund 068 - Sanitiation Fund 6,299,410 6,299,410 Fund 069 - Refuse Collection 18,327,430 18,327,430 Total Enterprise Funds $ 152,851,250 $ 152,851,250 GRAND TOTAL $ 716,125,340 $ 717,053,730 City Council 6-6 6/15/2021 Parks, Recreation, and Community Services https://www.santa-ana.org/parks Item # 7 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report June 15, 2021 TOPIC: Santa Anita Handball Court Update AGENDA TITLE: Santa Anita Handball Court Update RECOMMENDED ACTION Receive and file the Santa Anita Handball Court public input update. DISCUSSION As a follow-up to direction given at the February 2, 2021 City Council meeting, staff sought additional public, input about the removal of the Santa Anita Handball Court. On March 15, 2021, City staff mailed letters to residences within 1,000 feet of Santa Anita Park to obtain input on the proposed removal of the handball court. Attached as Exhibit 1 is a memorandum with the results of the public outreach. In addition to the mailers, Councilmember Phan walked the neighborhood to ask the public directly about their opinion on the handball courts. As a result of this process, City Staff will continue with the removal of the handball court as part of the Santa Anita Park Improvement Project, which will develop the north side of the park with additional parking, a new playground, a new basketball court, security lighting, and landscaping. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this update. I�t� M"99TITRINMW Submitted By: Lisa Rudloff. Executive Director of Parks, Recreation and Community Services Approved By: Kristine Ridge, City Manager City Council 7-1 6/15/2021 1=M11 j7[5il MFIMORANDUM To: Mayor and Members of the City Council Date: From: Lisa Rudloff, Executive Director of PRCSA Subject: Santa Anita Handball Court Public Input Completed Honorable Mayor and members of the City Council, 2021 am following up on City Council direction given to the City Manager at the February 2, 2021 City Council meeting regarding seeking additional public input about the removal of the handball court at Santa Anita Park. On March 15, 2021 city staff, mailed letters (Exhibit 1) to residence within 1,000 feet of Santa Anita Park to obtain their input on the proposed removal of the handball court in an effort to expand the parking lot. The letter specifically stated if they DO NOT want the handball court removed, please email (include name and address) the city no later than Friday, April 30, 2021. The direct expenses incurred for this project included translation services, printing, postage, labor for inserting letters for a total $1,261.60. This process is completed the results are as follows: 1. No responses from the community to keep the handball court 2. Additional emails received supporting the project and removal of handball courts: a. I live at 318 S. Gunther St., and I would like to email my support for the proposed improvements. b. Good afternoon, I am a long time resident of santanita I live on Gunther lived my youth there and now have been here for the past 20 years and I am in agreement with them getting rid of the handball court the times I have gone to the park there are druggies using and really have never seen people play. I am so excited to see that they are finally going to redo the park and can't wait to go. c. I don't think the park needs the handball wall there's all kind of bottles, clothes, trash in general. The wall it's just piling trash looking un safe for kids. -- Thank you, Teresa Villanueva d. Remove handball court email (9) In addition to the mailers, Councilmember Phan walked the neighborhood, went door -to door, and received the following responses: • Do not remove handball court: 1 • Remove the handball court: 33 • unsure: I City Council 7-2 6/15/2021 Public Works Agency https://www.santa-ana.org/pw Item # 8 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report June 15, 2021 TOPIC: Certification of Final Tract Map 2018-04 AGENDA TITLE Receive and File Certification of Approval by City Engineer of Final Tract Map 2018-04 (3417 West Fifth Street) (Applicant. David Doung, Owner. Little Saigon, LLC) RECOMMENDED ACTION Receive and file certification of approval by City Engineer of final Tract Map 2018-04. DISCUSSION In California, regulation and control of the division of real property is vested in the legislative bodies of local agencies by the Subdivision Map Act. In the City of Santa Ana, the regulations and processes are provided in Chapter 34 of the Santa Ana Municipal Code (SAMC), which pursuant to Section 34-126 and 34-127, includes the approval of tentative maps by either the Zoning Administrator or the Planning Commission, as appropriate. Following approval of a tentative map by the approving body, the property subdivider prepares and submits a final map to the City Engineer for approval. If the final map is in the correct form, prescribed by the Subdivision Map Act and Chapter 34 of the SAMC, and all conditions set forth in the tentative map are met, the final map shall be approved by the City Engineer. The Planning Commission approved a tentative map (Exhibit 1) for 3417 West Fifth Street on December 10, 2018- The City Council was informed of the Planning Commission's approval at its January 15, 2019 meeting. The City Engineer has received final Tract Map No. 18131 (City Tract Map No. 2018-04) for the referenced subdivision from property owner Little Saigon, LLC. This final tract map (Exhibit 2) combines two existing parcels into one lot to accommodate eight condominium units. Each of the eight proposed condominium units will contain an attached two-story tuck -under residential dwelling. The subject site has a Harbor Mixed -Use Transit Corridor Specific Plan (SP-2) — Neighborhood Transitional zoning designation, and an Urban Neighborhood (UN) General Plan designation. The City Engineer is in the process of reviewing the map for technical accuracy and final approval. This action informs the City Council of the imminent approval of the referenced subdivision based upon the Subdivision Map Act and meeting all the conditions of City Council 8-1 6/15/2021 Certification of Final Tract Map 2018-04 June 15, 2021 Page 2 approval set by the City. Pursuant to Section 34-183 of the Santa Ana Municipal Code, the City Engineer shall approve or disapprove this map within 10 days after the City Council meeting of June 15, 2021. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT There is no fiscal impact associated with this action. 1. Tentative Tract Map 2. Final Tract Map Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency Approved By. 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Nosmwr <OY, a002 030Jv_ it 0 6/15/2021 w uw r Clerk of the Council Office https://www.santa-ana.org/cc Item # 9 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report June 15, 2021 TOPIC: Destruction of Obsolete City Records AGENDA TITLE: Approve Destruction of Obsolete City Records RECOMMENDED ACTION Approve the request for the destruction of obsolete records from Community Development Agency in accordance with the retention schedule outlined in City Council Resolution 2013-014. DISCUSSION On April 1, 2013, the City Council approved Resolution 2013-014 ("Resolution"). This Resolution provides to the multiple agencies, departments, and offices of the City, guidance on the retention of City records and how long the records need to be retained. To assist the City, the Citywide Records Team compiled the Citywide Records Retention Schedule ("Schedule") which sets forth the retention period for a particular record. The Schedule reflects the requirements of the Public Records Act, is modeled after the California Secretary of State's sample for local government, and incorporates other statutory periods applicable to Santa Ana. The Resolution attaches the Schedule, which is broken down into multiple sections covering the varied responsibilities and retention periods for a City department. These are minimum retention periods. Each department makes discretionary decisions on whether to retain records past the minimum retention period requirements. Section 5.13 of this Resolution and the City's Municipal Code requires that the City Attorney approve the destruction of a City record. Accordingly, the executive director for Community Development Agency lists obsolete records proposed for destruction. A copy of the memorandum was reviewed by staff from the City Attorney's Office and approved by the City Attorney. The memorandum is attached as an exhibit to this staff report. Destruction of these records will serve to benefit each office with a more efficient access to files and alleviate the City's current storage needs to maintain these obsolete records. City Council 9-1 6/15/2021 Destruction of Obsolete City Records June 15, 2021 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this item. 1. Request for Destruction of Records — Community Development Agency Submitted By: Daisy Gomez, Clerk of the Council Approved By: Kristine Ridge, City Manager City Council 9-2 6/15/2021 10`I OLS �7:�ff1 i11Ti I To: Ryan Hodge, Assistant City Attorney Date: May 3,2021 From: David Flores, Community Development Subject: REQUEST FOR DESTRUCTION OF RECORDS The Community Development Agency request your consent to destroy the City records identified on the attached listing in accordance with the retention schedule in the City Council Resolution No. 2013-014. Thank you, David Flores City Council 9-3 6/15/2021 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE Community Development Agency 2021 RECORD CATEGORY RECORD SERIES RECORD DESCRIPTION RECORD DATES REMARKS All approved - HOME Multifamily Rehab, Code of Civil HOUSING Rehab Loan Files Historic Rehab Loans Paid -Off. YRS Procedures Sec. 1992TO 2000 337 GC 34090 HOME Loans and All approved paid off - Rehabilitation Loans and HOUSING Rehab Loan Files Homebuyer Loans Code of Civil Paid -Off. YRS Procedures Sec. 2002 TO 2016 337 GC 34090 PREPARED BY: Zi __X y �2- David Flores Date Management Analyst Community Development Agency RECORDS DESTROYED: 11 Boxes Number of boxes CONSENT BY: Steven Mendoza ' Executive Director Community Development Agency Attorney � Date City Council 9-4 6/15/2021 Planning and Building Agency https://www.santa-ana.org/pb Item # 10 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report June 15, 2021 TOPIC: LEAP Grant Appropriation Adjustment AGENDA TITLE: Approve an Appropriation Adjustment recognizing State of California, Department of Housing and Community Development (HCD) LEAP Grant Funds in the Amount of $750,000 RECOMMENDED ACTION Approve an appropriation adjustment recognizing State of California, Department of Housing and Community Development (HCD) LEAP Grant funds in the amount of $750,000 in the Planning and Building Agency revenue account and appropriate same to expenditure accounts. DISCUSSION On January 27, 2020, the State of California, Department of Housing and Community Development (HCD) issued a Notice of Funding Availability (NOFA) for its Local Early Action Planning Grants Program (LEAP). The purpose of the LEAP is to help cities and counties in California accelerate housing production and facilitate compliance in implementing the sixth cycle of regional housing needs assessment. The LEAP provides grants through a non-competitive process and the City of Santa Ana is eligible to receive up to $750,000 in funding. Recognizing this, staff prepared and submitted an application, authorized by the City Council per Resolution 2020-045, emphasizing the benefits to the community. On November 19, 2020, HCD awarded the SB 2 grant in the amount of $750,000 to the City of Santa Ana. The City will utilize grant funds to update the General Plan Housing Element as required by State law, as well as the Zoning Code Update to serve existing and future needs. Grant funds associated with the Zoning Code Update will include new and updated best practices for the zoning design and development standards to assure that new housing production enhances and preserves cultural, historic resources, and neighborhood character. On March 29, 2021, the standard agreement was executed between HCD and the City. City Council 10 — 1 6/15/2021 LEAP Grant Appropriation Adjustment June 15, 2021 Page 2 ENVIRONMENTAL IMPACT Pursuant to Section 15061(B)(3) of the California Environmental Quality Act, this action is exempt from further review as there is no potential for any environmental impact. FISCAL IMPACT Approval of the appropriation adjustment will recognize $750,000 in LEAP Grant funds in the Planning Grants Program Revenue, State Grant -Direct revenue account (No.15816002-52025) and appropriate the same amount to the PBA LEAP Program expenditure accounts (No. 15816501-Various). All funds will be available for expenditure in the Fiscal Year 2020-21. Any remaining balances not expended at the end of the fiscal year will be carried forward into Fiscal Year 2021-22 for expenditure. PBA will expend funds for project activity eligible under the grant after the date of the release of the LEAP NOFA, and then recoup the costs by invoicing HCD for reimbursement of the funds expended. Funds are budgeted and available in the following Planning and Building accounts. Fiscal Year Accounting Unit- Account # Fund Description Account Unit, Account Description Amount FY 20-21 15816002-52025 Planning Grants Planning Grants $750,000 Program Program Revenue, State Grant -Direct FY 20-21 15816501-Various Planning Grants PBA LEAP Program, $750,000 Program Various EXHIBIT(S) 1. Executed Standard Agreement Submitted By: Minh Thai, Executive Director Approved By. Kristine Ridge, City Manager City Council 10 — 2 6/15/2021 STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES STANDARD AGREEMENT AGRFf:-MFN1 NUMBER STD 113 (Rev. 0312019) 20-LFAP-r5676 I Thla Agreement s entored into betwebn the Contracting Agency and the Contractor nbnmd below: CONTRACTING AGENCY NAME DEPAR I"MENT OF HOUSING AND COMMUNITY DEVEi..OPMENT CONTRACTOR'S NAME Coy of Santa Ana 2. 1 ne lenn of this Agreement, START DATE Upon HCD Approval 'I"HROUGH END DATE 06f3012024 PURCI ASING AUTIlofdl TY NUMBER ( t ppi cablC-) 3_'1"lie maximum sriOw t of this Agreement ls; $750.000.00 4. The partius agree tp Cnmplt, with the terms end Anditlen,; of the follow ny ezipbiI, whim arc- by that reference nladc- a oan of lhu Agreement_ EXHIBITS TITLE Exncta A A, tmority. Purpose and Scope of Work Exhibit 13 SLIdget Detail and Poyrnent Ptovisions E„'xh-0a C' Siam of California General Terms and 0nndltinns Exhibit D LEAP Genaral Terms and Cond,t ons LahiblIE Spenio, Cond,Ions TOTA'_ NUMBER OF PAGES ATTACHED Ito rns shown with an avar,* ('), are herngy inrlprgUrared by re/arerlCY arfd mada parr fit IRiS agroemam a6 it aLt3Cfle[f hereto. Tbesa e0C1menlS can be viewed ar "flp", /wev,v o * yr,'/OLSlRercas IN WITNESS WHEREOF, THIS AGREEMENT HAS EE.F.N EXLCUTED BY THE PARTIES HERETO. CONTRACTOR CONTRACTOR NAME (if other than an Indmc,al, state wnctner a corporation, partnership,etc.) Cl ty of Santa Ana CONI"RACTOR BUSINESS ADDRESS 20 Civic Centor Plata Ross Annex M,20 PRINTED NAME OF PERSON SIGNING Minh That CONTRA R U J-IOR17ED SIGNATURE CONTRACIING AGENCY NAME Department of Housing and Community Development CONTRACTING AGENCY ADDRESS 2020 Uv. EI Camino Avo.. So to 130 CITY STATE Santa Ana CA TIT'_E STATE OF CALIFORNIA CITY Sactamento PAGES 2 GTC - 011120 17 9 n 16 ZIP 92702 Ezecufiva Director of Pvssanng 5 Nuiiadry Flacnry DATE SIGNED 7 �::V IZIll' > STATE ZIP CA 95833 PRINTED NAME OF PERSON SIGNING T'I'FLE Shaun Singh Contracts Manager. Business & Contract Selviccs Br, tncn CONTRACTING AGEN(::Y AUTHORIZED SIGNATURE DATE SIGNED r GK� y�73/29/2021 n eC� California Department of General Services Approval (or cxompion..f applicable) Exempt par: SCM Vol. 1 4.04k3 (DOE memo dateo G/1211981) AMOVED A9 TO FORM ATTE 10Wr h4 Puns, A.esi=t City Aunr%te t, _ City Council Daisy Gomez, MMC Cify dierk Clerk of the Council 6/15/2021 A-2020-266 EXHIBIT A AUTHORITY.PURE OSE AND SCOPE OF WORK, 1. Authority City of Santa Ana 20-LEAP-15676 Page 1 of 2 Pursuant to Chapter 3.1 of the California Health and Safety Code (Ch. 159, Sec. 11, Stats. 2019), the State of California Department of Housing and Community Development (the "Department" or "State") ties established the Local Early Action Planning Grants Program (°LEAP,° or the "Program"), as defined in Health and Safety Code Section 50515, et seq., for Local Governments and Localities. In furtherance of the purpose of the Program, the Department has issued a Notice of Funding Availability ("NOFA") dated January 27, 2020. This Standard Agreement, along with all its exhibits (the "Agreement"), is entered into under the authority of, and in furtherance of, the purpose of the Program. 2. P rg, pose In accordance with the authority cited above, the Grantee has been awarded financial assistance in the form of a grant from the Program. The Department has agreed to make the grant to provide financial assistance for technical assistance, preparation and adoption of planning documents, and process improvements to accelerate housing production and facilitate compliance to implement the sixth cycle of the regional housing needs assessment, pursuant to the terns of the NOFA, which includes associated forms, and this Agreement. By entering into this Agreement and thereby accepting the award of the Program funds, the Grantee agrees to comply with the terms and conditions of the NOFA, this Agreement, subsequent amendments to this agreement when necessary, the representations contained In the application and the requirements of the authority cited above. Based on the representations made by the Grantee, the State shall provide a grant in the amount shown in Exhibit B, Section 2. 3. DefiniNonn Terms herein shall have the same meaning as definitions in Section Vill of the LEAP NOFA. 4. Scope of Work Preparation and adoption of planning documents and process improvements that accelerate housing production and facilitate compliance in implementing the sixth cycle of the regional housing needs assessment in accordance with the Grantee's Attachment 1: Project Timeline and Budget and Project Description as provided by the Grantee in the LEAP application used for subsequent approval by the Department. 5. department Contract Coordinator The Contract Coordinator of this Agreement for the Department is the Housing Policy Development Program Manager, or the Manager's designee. Unless otherwise informed, any Local Early Action Planning (LEAP) NOFA Date: January 27, 2020 Approved Date: May 29, 2020 Prep. Date: December 7, 2020 City Council 10 — 4 6/15/2021 City of Santa Ana 20-LEAP-15676 Page 2 of 2 EXHIBIT A notice, report, or other communication required by this Agreement shall be mailed by first class mail to the Department Contract Coordinator at the following address: Department of Housing and Community Development Housing Policy Development Attention: LEAP Program Manager 2020 West El Camino Avenue, Suite 500 Sacramento, CA 95833 Local Early Action Planning (LEAP) NOFA Date: January 27, 2020 Approved Date: May 29, 2020 Prep, Date: December 7, 2020 City Council 10 — 5 6/15/2021 City of Santa Ana 20-LEAP-15676 Page 1 of 5 EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS Application for Funds A. The Department is entering into this Standard Agreement ("Agreement") on the basis of, and in reliance on, facts, information, assertions and representations contained in the Application and any subsequent modifications or additions thereto approved by the Department. The Application and any approved modifications and additions thereto are hereby incorporated into this Agreement. B. The Grantee warrants that all information, facts, assertions and representations contained in the Application and approved modifications and additions thereto are true, correct, and complete to the best of the Grantee's knowledge. In the event that any part of the Application and any approved modification and addition thereto is untrue, incorrect, incomplete, or misleading in such a manner that would substantially affect the Department's approval, disbursement, or monitoring of the funding and the grant or activities governed by this Agreement, the Department may declare a breach hereof and take such action or pursue such remedies as are provided for breach_ 2. Grant end Reimbursement Limit The Department's decision to approve or deny an application or request for funding pursuant to the Program, and its determination of the amount of funding provided, shall be final_ The maximum total amount granted and reimbursable to the Grantee pursuant to this Agreement shall not exceed $750,000.00. 3. QMUMMafiaM A. This Agreement is effective upon the date of the Department representative's signature on page one of the fully executed Standard Agreement, STD 213, (the "Effective Date"). B. All Grant funds must be expended by the Grantee on or before December 31, 2023. To ensure that the Grantee is reimbursed an or before December 31, 2023, the Grantee shall deliver to the Department all final invoices for reimbursement on or before September 30, 2023. Under special circumstances, as determined by the Department, the Department may modify the September 30, 2023 deadline. It is the responsibility of the Grantee to monitor the project and timeliness of draws within the specified dates. Local Early Action Planning (LEAP) NOFA Date: January 27, 2020 Approved Date: May 29, 2020 Prep. Date: December 7, 2020 City Council 10 — 6 6/15/2021 EXHIBIT B 4. Allowable Uses of Grant Funds City of Santa Ana 20-LEAP-16676 Page 2 of 5 A. The Department shall not disburse funds unless it determines that the grant funds shall be expended in compliance with the terms and provisions of the NOFA and this Agreement. B_ Grant funds shall only be used by the Grantee for eligible activities pursuant to Section NI I of the NOFA and only for activities that were approved by the Department, and as stated in Attachment 1: Project Timeline and Budget and Project Description in the Grantee's approved LEAP Application, , and/or any and all documentation incorporated into this Agreement and made a part thereof. C. Grant funds may not be used for administrative costs of persons employed by the Grantee for activities not directly related to the preparation and adoption of the proposed activity. The Grantee shall use no more than five percent of the total grant amount for costs related to administration of the project. D. A Grantee that receives funds under this Program may use a subcontractor. The subcontract shall provide for compliance with all the requirements of the Program. The subcontract shall not relieve the Grantee of its responsibilities under the Program. E. After the contract has been executed by the Department and all parties, approved and eligible costs for eligible activities may be reimbursed upon completion of deliverables in accordance with Attachment 1: Project Timeline and Budget and Project Description, and subject to the terms and conditions of this Agreement. F. Only approved and eligible costs incurred for work meter the NOFA date, continued past the date of full execution of the Agreement, and -completed during the grant term, will be reimbursable. G. Approved and eligible costs incurred prior to the NOFA date are ineligible and will not be reimbursed. 5. Performance A. The Grantee shall take such actions, pay such expenses, and do all things necessary to complete all activities as incorporated into the LEAP application and in accordance with the schedule for completion set forth in the Statement of Worts, the Grantee's Project Description and Attachment 1: Project Tlmellne and Budget, and within the terns and conditions of this Agreement. B. The Department may monitor expenditures and activities of Grantee, as the department deems necessary, to ensure compliance with program requirements. Local Early Action Planning (LEAP) NOFA Date: January 27, 2020 Approved Date: May 29, 2020 Prep. Date: December 7, 2020 City Council 10 — 7 6/15/2021 City of Santa Ana 20-LEAP-15676 Page 3 of 5 L-K41.1-J IA C. The Department may request repayment of funds from Grantee or pursue other remedies available to it by law for failure to comply with program requirements. 6. Fiscal Admintstration A. The Grantee Is responsible for maintaining records which fully disclose the activities funded by the LEAP grant. Adequate documentation for each reimbursable transaction shall be maintained to permit the determination, through an audit if requested by the State, of the accuracy of the records and the allowability of expenditures charged to LEAP grant funds. If the allowability of expenditure cannot be determined because records or documentation are inadequate, the expenditure may be disallowed, and the State shall determine the reimbursement method for the amount disallowed. The State's determination of the allowability of any expense: shall be final, absent fraud, mistake or arbitrariness. 9. Work must be completed prior to requesting reimbursement. The Department may make exceptions to this provision on a case by case basis. In unusual circumstances, the Department may consider alternative arrangements to reimbursement and payment methods based on documentation demonstrating cost burdens, including the inability to pay for work. C. Prior to receiving reimbursement, the Grantee shall submit the following documentation: 1) Government Agency Taxpayer ID Form (GovTIN; Fiscal form); 2) A Request for Reimbursement form provided by the Department on the Department's Local Early Action Planning (LEAP) Grants webpage; and 3) Any and all documentation requested by the Department in the Request for Reimbursement form and manner as outlined In the following subsection D. D. Grantee shall submit all required reimbursement documentation to the following address: Department of Housing and Community Development Housing Policy Development Attention: LEAP Program Manager 2020 West EI Camino Avenue, Suite 500 Sacramento, CA 95833 E. The Grantee shall submit invoices for reimbursement to the Department. All Invoices shall be subject to the Department's approval and submitted in accordance with the following schedule: Local Early Action Planning (LEAP) NOFA Date: January 27, 2020 Approved Date: May 29, 2020 Prep. Date: December 7, 2020 City Council 10 — 8 6/15/2021 City of Santa Ana 20-LEAP-15676 Page 4 of 5 EXHIBIT B 1) At maximum, once per quarter; or 2) Upon completion of a deliverable; and 3) At minimum, one invoice for reimbursement annually. The Department will use the 2020 calendar year beginning from the date of the release of the NOFA on January 27, 2020 as the basis for scheduling reimbursements, with first requests for reimbursement accepted upon full execution of the Agreement by the Grantee and the Department. F. The Request for Reimbursement must be for a minimum of fifteen percent (15%) of the maximum grant amount awarded. The Department may consider exceptions to the minimum amount requested on a case -by -case basis. All invoices shall reference the contract number and shall be signed and submitted to the Department's Program Manager at the address provided above in Section 6, Subsection D of this part. Invoices shall include at a minimum the following information: 1) Names of the Grantee's personnel performing work; 2) Dates and times of project work; 3) Itemized costs in accordance with Attachment 1: Project Timeline and Budget, and Project Description, including Identification of each employee, contractor or subcontractor who provided services during the period of the invoice, the number of hours and hourly rates for each of the Grantee's employees, contractor(s), sub- recipient(s) or subcontractor's staff member(s), authorized expenses with receipts, and contractor, sub -recipient and subcontractor invoices; and 4) Any other documents, certifications, or evidence deemed necessary by the Department prior to disbursement of grant funds. G. The Department will reimburse the Grantee directly for all allowable project costs as promptly as the Department's fiscal procedures permit upon receipt of an itemized signed invoice. H. The Department recognizes that budgeted deliverable amounts are based upon estimates and conditions and circumstances may change. Grantees may request adjustments to Attachment 1: Project Timeline and Budget and Project Description in the Grantee's approved LEAP Application in writing (such as a budget adjustment across deliverables), as long as the total budget does not exceed the maximum amount awarded to the Grantee. All adjustments shall be subject to written approval by the Department. Local Early Action Planning (LEAP) NOFA Date: January 27, 2020 Approved Date: May 29, 2020 Prep. Date: December 7, 2020 City Council 10 — 9 6/15/2021 City of Santa Ana 20-LEAP-15676 Page 5 of 5 EXHIBIT B Grant funds shall not be disbursed until this Agreement has been fully executed. J. Grant fund payments will be made on a reimbursement basis; advance payments are not allowed. The Grantee, its subcontractors and all partners, must have adequate cash flow to pay all grant -related expenses prior to requesting reimbursement from the Department. The Department may consider alternative arrangements for reimbursement and payment methods based on documentation demonstrating cost burdens, including the inability to pay for work. K. The Grantee will be responsible for compiling and submitting all invoices, supporting documentation and reporting documents. Invoices must be accompanied by reporting materials where appropriate. Invoices without the appropriate reporting materials will not be paid. 1) Supporting documentation may include, but is not limited to; purchase orders, receipts, progress payments, subcontractor Invoices, timecards, or any other documentation as deemed necessary and requested by the Department to support the reimbursement to the Grantee for expenditures incurred. L., The Grantee wilt submit for reimbursements to the Department based on actual costs incurred, and must bill the State based on clear and completed objectives and deliverables as outlined in the application, in Attachment 1: Project Timeilne and Budget and the Project Description, and/or any and all documentation incorporated into this Agreement and made a part thereof, M. The Department may withhold ten percent (101/6) of the grant until grant terms have been fulfilled to the satisfaction of the Department and the final close-out report submitted, no later than December 31, 2024 pursuant to Health and Safety Code section 50515.04(c)(2). N. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall immediately terminate and be of no further force and effect. In this event, the State and Contractor shall be relieved of any and all obligations under this Grant Agreement. O. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the sole discretion to cancel this Agreement without cause, no liability occurring to the State, or amend the current Grant Agreement and amount allocated to Contractor. Local Early Action Planning (LEAP) NOFA Date: January 27, 2020 Approved Date: May 29, 2020 Prep. Date: December 7, 2020 City Council 10 — 10 6/15/2021 EXHIBIT D LEAP TERMS AND CONDITIONS 1. Reporting City of Santa Ana 20-LEAP-16676 Page 1 of 9 A. During the term of this Standard Agreement ("Agreement") the Grantee shall submit, upon request of the Department, a performance report that demonstrates satisfaction of all requirements identified in this Agreement. B. Pursuant to Health and Safety Code Section 50516-04, subsection (a), during the term of the Agreement, the Grantee shall submit an annual report containing all required information by April 1 of the year following receipt of the Grant funds. The annual reports shall be due from the Grantee until Program funds have been expended, but no later than February 28, 2023. A Grantee may, in lieu of providing a separate annual report as identified in Health and Safety Code Section 60515.04, subsection (a), provide the information as part of its Annual Progress Report. C. Upon completion of all deliverables required to fulfill this Agreement pursuant to the Grantee's Attachment 1: Project Timeline and Budget as approved in the LEAP Application, the Grantee shall submit a final close out report in accordance with the January 27, 2020 LEAP NOFA. The close out report shall be submitted with the final Request for Reimbursement by September 30, 2023, in accordance with the final invoices due pursuant to Exhibit B, Section 3. 2. Acc9unfing Records A. The Grantee:, Its staff, contractors and subcontractors shall establish and maintain an accounting system and reports that properly accumulate incurred project costs by line. The accounting system shall conform to Generally Accepted Accounting Principles (GAAP), to enable the determination of incurred costs at interim points of completion and provide support for reimbursement payment vouchers or invoices. B. The Grantee must establish a separate ledger account for receipts and expenditures of grant funds and maintain expenditure details in accordance with the scope of work, project timeline and budget. Separate bank accounts are not required. C- The Grantee shall maintain documentation of its normal procurement policy and competitive bid process (including the use of sole source purchasing), and financial records of expenditures incurred during the course of the project in accordance with GAAP. D. The Grantee agrees that the state or designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of the Agreement. E. Subcontractors employed by the Grantee and paid with moneys under the terms of this Local Early Action Planning (LEAP) NOFA Date: January 27, 2020 Approved Date: May 29, 2020 Prep. r y teocunr 10 — 11 6/15/2021 City of Santa Ana 20-LEAP-15676 Page 2 of 9 EXHIBIT D Agreement shall be responsible for maintaining accounting records as specified above. Grantee shall monitor and enforce subcontracts accordingly. 3. Audits A. At any time during the term of this Agreement, the Department may perform or cause to be performed a financial audit of any and all phases of the award. At the Department's request, the Grantee shall provide, at Its own expense, a financial audit prepared by a certified public accountant. The State of California has the right to review project documents and conduct audits during and over the project life. 1) The Grantee agrees that the Department or the Department's designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance of this Agreement. 2) The Grantee agrees to provide the Department or the Department's designee, with any relevant information requested. 3) The Grantee agrees to permit the Department or the Department's designee access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees who might reasonably have Information related to such records and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with statutes and this Agreement. B. If a financial audit is required by the Department, the audit shalt be performed by an independent certified public accountant. Selection of an independent audit firm shall be consistent with procurement standards contained in Exhibit D, Section 8 subsection A. of this Agreement. 1) The Grantee shall notify the Department of the auditor's name and address immediately after the selection has been made. The contract for the audit shall allow access by the Department to the independent auditor's working papers. 2) The Grantee is responsible for the completion of audits and all costs of preparing audits. 3) if there are audit findings, the Grantee must submit a detailed response acceptable to the Department for each audit finding within ninety (90) days from the date of the audit finding report. C. The Grantee agrees to maintain such records for possible audit after final payment pursuant to Exhibit D, Section 3, subsection E, below, unless a longer period of records retention is stipulated. Local Early Action Planning (LEAP) IOFA Date: January 27, 2020 Approved Date: May 29, 2020 Prep' i Fy' ounce 10 — 12 6/15/2021 City of Santa Ana 20-LEAP-15676 Page 3 of 9 EXHIBIT D 1) If any litigation, claim, negotiation, audit, monitoring, inspection or other action has been started before the expiration of the required record retention period, all records must be retained by the Grantee, contractors and sub -contractors until completion of the action and resolution of all issues which arise from It. The Grantee shall include in any contract that it enters into In an amount exceeding $10,000.00, the Department's right to audit the contractor's records and Interview their employees. 2) The Grantee shall comply with the caveats and be aware of the penalties for violation of fraud and for obstruction of investigation as set forth in California Public Contrails Code Section 10115.10. D. The determination by the Department of the eligibility of any expenditure shall be final. E. The Grantee shall retain all books and records relevant to this Agreement for a minimum of three (3) years after the end of the term of this Agreement. Records relating to any and all audits or litigation relevant.to this Agreement shall be retained for five (5) years after the conclusion or resolution of the matter. A. The Department may monitor expenditures and activities of an applicant, as the Department deems necessary, to ensure compliance with Program requirements. 9. The Department may, as it deems appropriate or necessary, request repayment of funds from an applicant, or pursue any remedies available to it by law for failure to comply with Program requirements. C. Any dispute concerning a question of fact arising under this Agreement that is not disposed of by agreement shall be decided by the Department's Housing Policy Development Manager, or the Manager's designee, who may consider any written or verbal evidence submitted by the Grantee. The decision of the Department's Housing Policy Development Manager or Designee shall be the Department's final decision regarding the dispute. D. Neither the pendency of a dispute nor its consideration by the Department will excuse the Grantee from full and timely performance in accordance with the terms of this Agreement. E. In the event that it is determined, at the sole discretion of the Department, that the Grantee is not meeting the terms and conditions of the Agreement, immediately upon receiving a written notice from the Department to stop work, the Grantee shall cease all work under the Agreement. The Department has the sole discretion to determine that the Grantee meats the terms and conditions after a stop work order, and to deliver a written notice to the grantee to resume work under the Agreement. Local Early Action Planning (LEAP) NOFA Date: January 27, 2020 Approved Date: May 29, 2020 Prep. ; p9rWV4er 7, 10 — 13 6/15/2021 City of Santa Ana 20-LEAP-16676 Page 4 of 9 EXHIBIT D F. Both the Grantee and the Department have the right to terminate the Agreement at any time upon thirty (30) days written notice. The notice shall specify the reason for early termination and may permit the grantee or the Department to rectify any deficiency(ies) prior to the early termination date. The Grantee will submit any requested documents to the Department within thirty (30) days of the early termination notice. G. There must be a strong implementation component for the funded activity through this Program, including, where appropriate, agreement by the locality to formally adopt or complete the planning document. Localities that do not formally adopt or complete the funded activity could be subject to repayment of the grant. H. The following shall each constitute a breach of this Agreement: 1) Grantee's failure to comply with any of the terms and conditions of this Agreement. 2) Use of, or permitting the use of, grant funds provided under this Agreement for any ineligible costs or for any activity not approved under this Agreement. 3) Any failure to comply with the deadlines set forth In this Agreement unless approved by the Program Manager. In addition to any other remedies that may be available to the Department in law or equity for breach of this Agreement, the Department may at its discretion, exercise the following remedies: 1) Disqualify the Grantee from applying for future Department administered grant programs. 2) Revoke existing LEAP award(s) to the Grantee. 3) Require the return of unexpended LEAP funds disbursed under this Agreement. 4) Require repayment of LEAP Funds disbursed and expended under this Agreement. 5) Seek a court order for specific performance of the obligation defaulted upon, or the appointment of a receiver to complete the obligations in accordance with the LEAP Program requirements. 6) Other remedies available at law, or by and through this Agreement. All remedies available to the Department are cumulative and not exclusive. 7) The Department may give written notice to the Grantee to cure the breach or violation within a period of not less than fifteen (15) days. Local Early Action Planning (LEAP) NOFA Date: January 27, 2020 Approved Date: May 29, 2020 Prep. _.._ rioe, 10 — 14 6/15/2021 EXHIBIT D 5. Indemnification City of Santa Ana 20-LEAP-15676 Page 5 of 9 Neither the Department nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by the Grantee, its officers, employees, agents, its contractors, its sub -recipients or its subcontractors under or in connection with any work, authority or jurisdiction conferred upon the Grantee under this Agreement. It is understood and agreed that the Grantee shall fully defend, indemnify and save harmless the Department and all of the Department's staff from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortuous, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by the Grantee, its officers, employees, agents contractors, sub -recipients, or subcontractors under this Agreement. 6. Waivers No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of the Department to enforce at any time the provisions of this Agreement, or to require at any time, performance by the Grantee of these provisions, shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of the Department to enforce these provisions. 7. gelaflonshin of Parties It is expressly understood that this Standard Agreement is an agreement executed by and between two independent governmental entities and is not intended to, and shall not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of an independent party. 8. Third-Pgrty Contracts A. All state -government funded procurements must be conducted using a fair and competitive procurement process. The Grantee may use its own procurement procedures as long as the procedures comply with all City/County laws, rules and ordinances governing procurement, and all applicable provisions of California state law. B. Any contract entered into as a result of this Agreement shall contain all the provisions stipulated In the Agreement to be applicable to the Grantee's sub -recipients, contractors, and subcontractors. Copies of all agreements with sub -recipients, contractors, and subcontractors shall be submitted to the Department's program manager upon request. C. The Department does not have a contractual relationship with the Grantee's sub - recipients, contractors, or subcontractors, and the Grantee shall be fully responsible for all work performed by its sub -recipients, contractors, or subcontractors. D. In the event the Grantee is partnering with another jurisdiction or forming a collaborative effort between the Grantee and other jurisdictions who are grantees of the Local Early Local Early Action Planning (LEAP) NOFA Date: January 27, 2020 Approved Date: May 29, 2020 Prep i y u i OF 7,10 — 15 6/15/2021 City of Santa Ana 20-LF-AP-15676 Page 6 of 9 EXHIBIT D Action Planning Grants Program, the Grantee acknowledges that each partner and/or all entities forming the Local Early Action Planning Grants Program collaborative are in mutual written agreement with each other but are contractually bound to the Department under separate, enforceable contracts- E. In the event the Grantee is partnering with another jurisdiction or forming a collaborative effort with other entities that are not grantees of the Local Early Action Planning Grants Program, the Department shall defer to the provisions as noted in subsections 8(B) and 8(0) of this part. 9. Comnllance with State and Federal Lay% RMIes, and Regulations A. The Grantee agrees to comply with all state and federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, equal opportunity, and all other matters applicable to the grant, the Grantee, its contractors or subcontractors, and any other grant activity. B. During the performance of this Agreement, the Grantee assures that no otherwise qualified person shall be excluded from participation or employment, denied program benefits, or be subjected to discrimination based on race, color, ancestry, national origin, sex, gender, gender identity, gender expression, genetic information, age, disability, handicap, familial status, religion, or belief, under any program or activity funded by this contract, as required by Title VI of the Civil Rights Act of 1964, the Fair Housing Act (42 USC 3601-20) and all implementing regulations, and the Age Discrimination Act of 1975 and all implementing regulations. C. The Grantee shall include the nondiscrimination and compliance provisions of this clause in all agreements with its sub -recipients, contractors, and subcontractors, and shall include a requirement in all agreements with all of same that each of them in turn include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts they enter into to perform work under the Program- D. The Grantee shall, in the course of performing project work, fully comply with the applicable provisions of the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq. E. The Grantee shall adopt and implement affirmative processes and procedures that provide information, outreach and promotion of opportunities in the LEAP project to encourage participation of all persons regardless of race, color, national origin, sex, religion, familial status, or disability. This includes, but is not limited to, a minority outreach program to ensure the inclusion, to the maximum extent possible, of minorities and women, and entities owned by minorities and women, as required by 24 CFR 92.351. Local Early Action Planning (LEAP) NOFA Date: January 27, 2020 Approved Date: May 29, 2020 Prep. laiv LismVer f, zuzo 10 — 16 6/15/2021 EXHIBIT D 10. Litigation City of Santa Ana 20-LEAP-15676 Page 7 of 9 A. If any provision of this Agreement, or an underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of the Department, shall not affect any other provisions of this Agreement and the remainder of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are, and shall be, deemed severable. & The Grantee shall notify the Department Immediately of any claim or action undertaken by or against it, which affects or may affect this Agreement or the Department, and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of the Department. 11. Changes in TermafAmendment� This Agreement may only be amended or modified by mutual written agreement of both parties. 12. State -Owned DMN A. Definitions 1) Work: The work to be directly or indirectly produced by the Grantee, its employees, or by and of the Grantee's contractor's, subcontractor's and/or sub -recipient's employees under this Agreement. 2) Work Product: All deliverables created or produced from Work under this Agreement including, but not limited to, all Work and Deliverable conceived or made, or made hereafter conceived or made, either solely or jointly with others during the term of this Agreement and during a period of six months after the termination thereof, which relates to the Work commissioned or performed under this Agreement. Work Product includes all deliverables, inventions, innovations, improvements, or other works of authorship Grantee and/or Grantee's contractor subcontractor and/or sub -recipient may conceive of or develop in the course of this Agreement, whether or not they are eligible for patent, copyright, trademark, trade secret or other legal protection. 3) Inventions: Any ideas, methodologies, designs, concept, technique, Invention, discovery, improvement or development regardless of patentability made solely by the Grantee or jointly with the Grantee's contractor, subcontractor and/or sub -recipient and/or Grantee's contractor, subcontractor, and/or sub -recipient's employees with one or more employees of the Department during the term of this Agreement and in performance of any Work Local Early Action Planning (LEAP) NOPA Date: January 27, 2020 Approved Date: May 29, 2020 Prep. , 10 — 17 6/15/2021 City of Santa Ana 20-LEAP-15676 Page a of 9 EXHIBIT D under this Agreement, provided that either the conception or reduction to practice thereof occurs during the term of this Agreement and in performance of Work issued under this Agreement. R Ownership of Work Product and Rights 1} All work Product derived by the Work performed by the Grantee, its employees or by and of the Grantee's contractor's, subcontractor's and/or sub -recipient's employees under this Agreement, shall be owned by the Department and shall be considered to be works made for hire by the Grantee and the Grantee's contractor, subcontractor and/or subreciplent for the Department. The Department shalt own all copyrights in the work product. 2) Grantee, its employees and all of Grantee's contractor's, subcontractor's and sub -recipient's employees agree to perpetually assign, and upon creation of each Work Product automatically assigns, to the Department, ownership of all United States and international copyrights in each and every Work Product, insofar as any such Work Product, by operation of law, may not be considered work made for hire by the Grantee's contractor, subcontractor and/or subrecipient from the Department. From time to time upon the Department's request, the Grantee's contractor, subcontractor and/or subrecipients, and/or its employees, shall confirm such assignments by execution and delivery of such assignment, confirmations or assignment or other written instruments as the Department may request. The Department shall have the right to obtain and hold in its name all copyright registrations and other evidence of rights that may be available for Work Product under this Agreement. Grantee hereby waives all rights relating to identification of authorship restriction or limitation on use or subsequent modification of the Work. 3) Grantee, Its employees and all Grantee's contractors, subcontractors and sub - recipients hereby agrees to assign to the Department all Inventions, together with the right to seek protection by obtaining patent rights therefore and to claim all rights or priority thereunder and the same shall become and remain the Department's property regardless of whether such protection is sought. The Grantee, its employees and Grantee's contractor, subcontractor and /or subrecipient shall promptly make a complete written disclosure to the Department of each Invention not otherwise clearly disclosed to the Department in the pertinent Work Product, specifically noting features or concepts that the Grantee, Its employees and/or Grantee's contractor, subcontractor and/or subrecipient believes to be new or different. 4) Upon completion of all work under this Agreement, all intellectual property rights, ownership and title to all reports, documents, plans, specifications and estimates, produced as part of this Agreement will automatically be vested in Department and no further agreement will be necessary to transfer ownership to Department. Local Early Action Planning (LEAP) NORA Date: January 27, 2020 Approved Date: May 29, 2020 Prep. 10 — 18 6/15/2021 EXHIBIT D 13. Spgc1laI!;gnditiQns City of Santa Ana 20-LEAP-15676 Page 9 of 9 The State reserves the right to add any special conditions to this Agreement it deems necessary to assure that the policy and goals of the Program are achieved. Local Early Action Planning (LEAP) NOFA Date: January 27, 2020 Approved Date: May 29, 2020 Prep' a 10 — 19 6/15/2021 A-2020-266 MAYOR Miguel A. Polido MAYOR PRO TEM Juan Villegas COUNCILMEMBERS Phil Bacerra Nelida Mendoza David Penaloza Vicente Sarmiento Jose Solorio CITY MANAGER'S OFFICE 20 Civic Center Plaza - P.O. Box 1088 Santa Ana, California 92702 wwwsanta-ana. oro October 1, 2020 Jose Ayala Housing Policy Analyst Housing & Community Development 2020 W. El Camino Avenue, Suite 500 Sacramento, CA 95833 CITY NIAAIFA3ER Kristine Ridg2 CITY A I i lRINEY Sonia R. Carvali'o CLERK OF THE COUNCIL Dai. y CorneZ RE: City of Santa Ana Local Early Action Planning (LEAP) Grant Application Dear Mr. Ayala, As requested, I hereby authorize the Planning and Building Agency Executive Director, Minh Thai, to act on my behalf in connection with the City of Santa Ana's the Local Early Action Planning (LEAP) grant projects anticipated to be awarded funding by California Housing & Community Development. Should you need any additional information, please contact Senior Planner Melanie McCann at mmccann Z santa-ana.org or by phone at (714) 667-2746. Sincerely, Kristine Ridge City Manager S.%Planning1GranlslLEAP 2020VaddtoF1CD 9.20201CMO Authorize 9.28. 20.doex SANTA ANA CITY COUNCIL M,.1 A V,.. City Couyna- V¢PntO S11110"* D0mPPa4dG-20 JOSu S11.1 6VA&,2021 N6uu]Mryxlnma Mayor Ma,Ol NO Ty11,=110 WwP1 Wa[I2 Willa wu0,� W."I6 r).1R41I[101{i,l9llib:a(1199 illi.aa- (G:dnla pna.0] rnl C�(P 3 j0i;.1t14-0fA PD OPWP`-P�-PnlT an] orG i olnM/(f i_ nn.0�[ (�V��✓'§ (.}C4L(L'MItI.Pd$1 J�PiM,'0P�1I4 V �'� SI Public Works Agency https://www.santa-ana.org/pw Item # 11 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report June 15, 2021 TOPIC: Insecticidal Latex Coating Services for Sewer Manholes AGENDA TITLE Award a Blanket Order Contract in an Amount Not to Exceed $500,000 to Golden Bell Products, Inc., for Insecticidal Latex Coating Services for Sewer Manholes (Specification 21-068) (Non -General Fund) RECOMMENDED ACTION Award a blanket order contract to Golden Bell Products, Inc. for insecticidal latex coating services in an annual amount not to exceed $100,000, for a total contract amount not to exceed $500,000, including extensions, for a two-year term beginning June 15, 2021 and expiring June 14, 2023, with provisions for three one-year renewal periods exercisable by the City Manager and City Attorney, subject to non -substantive changed approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency's Water Resources Division maintains a sanitary sewer system consisting of 400 miles of pipeline and 9,000 manholes. Bug and insect infestation of the manholes is controlled by applying an insecticidal latex coating. This manhole treatment remains active for 18 months after application, making it a cost-effective and efficient method to control insects. Due to the required specialized materials and equipment, the City contracts with a private company for these services. While the Santa Ana Municipal Code Section 2-$07 requires that contracts for City purchases be awarded through a competitive bid process, it allows for the direct award whenever there is only one known service provider. Golden Bell Products, Inc. holds the sole distribution and application rights for insecticidal latex coating within the state of California. This contractor has been providing insecticidal latex coating services to the City for several years, and also provides treatment services to approximately 85 other cities and agencies throughout California, including the Los Angeles County Sanitation District. The proposed contract will provide treatment for roughly 4,000 sanitary sewer manholes on an annual basis. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. City Council 11 — 1 6/15/2021 Insecticidal Latex Coating Services for Sewer Manholes June 15, 2021 Page 2 FISCAL IMPACT City staff will schedule services upon Purchase Order issuance. However, the contractor will not be deployed until July 1, 2021. As a result, no expenses will be incurred during FY 2020-21. Funds in the amount of $100,000 will be included in proposed budgets for future years as follows: Fiscal Accounting Unit Fund Accounting Unit, Account Amount Year — Account # Description Description Contract 2-Year Term Sanitary Sewer Service, 2021-22 05617640-62300 Sewer Fund Contract Services $100,000 Professional Sanitary Sewer Service, 2022-23 05617640-62300 Sewer Fund Contract Services $100,000 Professional Renewal Options 1-Year Terms Sanitary Sewer Service, 2023-24 05617640-62300 Sewer Fund Contract Services $100,000 Professional Sanitary Sewer Service, 2024-25 05617640-62300 Sewer Fund Contract Services $100,000 Professional Sanitary Sewer Service, 2025-26 05617640-62300 Sewer Fund Contract Services $100,000 Professional Total $500,000 EXHIBIT(S) 1. Golden Bell Products, Inc. Quote Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 11 — 2 6/15/2021 11=91 1 .9 1 i G BELL PRODUCTS, INC. BELL 952 N Batavia Street Orange, CA 92867 — Phone (714)363-3985 / Fax (714)997-4807 www.goldcnl)cllproducts.com Thursday, May 13, 2021 City of Santa Ana Kathia Reyes 220.5: i)aisy.Ave:..(M-235� Santa. Ana,. Cn. 92703 Dear Katia: Golden Bell Products to provide all labor, material and supplies required to coat sanitary sewer manholes with INSECTA, insecticidal latex coating for sewer roach control. SCOPE OF WORK Golden Bell Products to perform the following items: ♦ Apply INSECTA, an approved product for sewer roach control application in sanitary manholes. ♦ Treat to depth of seven feet or less, with an approximate area of 100 square feet per manhole. ♦ Will prepare and treat according to manufacturer's specifications for preparation instructions. ♦ Apply coating based on the manufacturers recommended label rates, five (5) manholes per gallon, not to exceed three (3) pints per manhole. ♦ Remove existing sewer manhole covers, scrape clean the inside of the cover area, spray Insecta, reseat the cover and mark the reinstalled cover with a painted white line extending from the manhole cover to the adjoining pavement, indicating that the cover has been reseated properly and firmly. Liability for damage caused by covers that have been reinstalled and marked is limited to 24 hours. Covers that are damaged or will not reseat properly will be immediately reported to the customer. Customer assumes all liability for damages caused by covers that fail to properly reseat. • Mark each manhole cover with an identifying white dot after being treated. • Provide proper supervision at the job site during all phases or work. ♦ Be responsible for coordinating the work to be done. Work will take place in accessible alleys, parking lots, and streets. ♦ Guarantee the application for eighteen (18) months from the date of treatment. If more than 50 living roaches are found in a manhole during the warranty period, the manhole must then be retreated by Golden Bell Products at no additional charge or obligation to Customer. Golden Bell Products will retreat any manhole which inspections with photographs report live roaches within sixty (60) calendar days after notification, providing more than 50 live roaches are found inside the manhole during two inspections occurring two days apart." ♦ Will report number of manholes treated when submitting billing invoices. Golden Bell Products will indicate in writing on each paper quarter section map, the number of manholes treated, applicators name initials with the date of completion. This will serve as the record of application for the necessary Agencies and warranty information. City Council 11 — 3 6/15/2021 ♦ Customer will supply paper quarter section maps indicating exact locations of manholes, street names and smart cover locations. Golden Bell Products will not be responsible for any damage to unidentified smart covers. • Customer will make accessible all designated manholes to be coaled. If not accessible by service truck Golden Bell Products will notify Customer. • Customer will provide inspection and assistance where necessary. ♦ No more than 90 calendar days will elapse between date of notice to proceed and completion of the application. A reasonable time for potentially unfavorable weather will be mutually agreed upon by Customer and Golden Bell Products ♦ Requirements may be added or deleted from the above Scope of Work however these must be agreed upon by both parties prior to the commencement of work. ♦ The cost of additional permits and/or licenses, other than those already required by the state, required within city limits to perform work within that city will be assumed by the Customer. Golden Bell Products will supply all appropriate insurance coverage required by the state licensing agencies to apply roach control product to sewer manholes, if any additional insurance is required and available at additional costs those costs will be assumed by the Customer. Special Note. Some assistance with traffic control in heavily traveled areas may be required. 'NOTE- The Insecticidal -latex coating is not a repellent and therefore, will not repel roaches. They must rest on it to eliminate them( Insecta is not a spot treatment product: for warranty to be in effect and for the best results all manholes must be treated in the same area of the sewer system! Pricing per Manhole Application costs: For less than 1000 Manholes is $24.00 each. For more than 1000 Manholes is $22.00 each. (This is a service — No Sales Tax) There is a 150- manhole minimum for alljobs. This service proposal is good through December 31, 2021. Thank you for this opportunity. If you have any questions, please contact Michelle Webster at 7141363-3985. Sincerely, Michelle Webster Program Manager City Council 11 — 4 6/15/2021 Public Works Agency https://www.santa-ana.org/pw Item # 12 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report June 15, 2021 TOPIC: Purchase of Three Ford Police Interceptor Utility Vehicles AGENDA TITLE Award a Purchase Order in the Amount of $125,871 to Fairway Ford Sales, Inc. for Three Ford Police Interceptor Utility Vehicles (Specification No. 21-053) (Non -General Fund) RECOMMENDED ACTION Authorize a one-time purchase and payment of purchase order to Fairway Ford Sales, Inc. for three Ford Police Interceptor utility vehicles, in the amount of $125,871 plus a contingency of $15,000, for a total amount not to exceed $140,871, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency, Fleet Services Division is responsible for the acquisition, maintenance, repair, and replacement of vehicles, trucks, and maintenance equipment. The Santa Ana Police Department has a fleet of 262 vehicles. Ninety-nine of these vehicles are patrol vehicles assigned to Police Field Operations, three of which have reached the end of their useful life. The Fleet Services Division is working with the Police Department to replace these vehicles. Ford Police Interceptor vehicles, similar to Explorers, are the standard vehicle for Field Operations. Fairway Ford Sales, Inc. has a four -month lead time for the delivery of these vehicles from receipt of order. Once the vehicles are received by the Fleet Services Division, they are equipped with the required radios, light bars and equipment. With these timelines, it is expected that the new vehicles will go into service in Fall/Winter 2021. The Notice Inviting Bids was advertised on April 13, 2021, on the City's online bid management and publication system. A summary of the bid invitation and bids received is as follows: 379 Vendors were notified 17 Santa Ana vendors were notified 15 Vendors downloaded the bid packet 2 Bids received 0 Bids received from Santa Ana vendors City Council 12 — 1 6/15/2021 Purchase of Three Ford Police Interceptor Utility Vehicles June 15, 2021 Page 2 Two bids were received and opened on May 4, 2021, and evaluated as follows: Vendor Location Amount Fairway Ford Sales Inc. Placentia, CA $41,956.38 Wondries Fleet Group Alhambra, CA $42,180.13 The bid submitted from Fairway Ford Sales, Inc., is responsive to the specifications and meets the City's requirements. There is no Ford dealership in Santa Ana. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT Funds in the amount of $140,871 are available for expenditure in the current Fiscal Year 2020-21 in the following Public Works Fleet Division accounts: Fiscal Accounting Unit- Fund Accounting Unit, Amount Year Account # Description Account Description Equipment Equipment 2020-21 07017100-66400 Replacement Replacement, $140,871 Fund Machinery & Equipment Total $140,871 EXHIBIT(S) 1. Abstract of Bids Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency and David Valentin — Chief of Police Approved By. Kristine Ridge, City Manager City Council 12 — 2 6/15/2021 EXHIBIT 1 CITY OF SANTA ANA Item Description Fairway Ford Sales, Inc. Placentia, CA Wondries Fleet Group Alhambra, CA Agate Black with Oxford White Roof & Doors Ford Police 1 Interceptor Utility Model Year 2021 or Newer $3R,396.00 $39,523.00 2 Documentation Fee $0.00 $0.00 3 9.2S% Sales Tax $3,551b3 $3,56338 4 Subtotal $41,947.63 $42,086.38 5 Destination and Delivery (Non Taxable) $0.00 $85.00 6 Callfurma Tire Fee (Nun Taxable) $8.a SB.IS 7 Misc. Charges (Non Taxable) 5U.00 $0.00 R Total Price per vehicle $41,956.38 $42,120.13 9 1A LUCAI Vendor Preference N/A N/A 10 Final Bid Amount as Determined by Basis of Award $41,956.38 $42,180.13 City Council 12 — 3 6/15/2021 Public Works Agency https://www.santa-ana.org/pw Item # 13 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report June 15, 2021 TOPIC: Purchase of One Ford Super Duty F550 Valve Truck AGENDA TITLE Award a Purchase Order in the Amount of $152,051 to Transwest Truck Center, LLC for One Ford Super Duty F550 Valve Truck (Specification No. 21-052) (Non -General Fund) RECOMMENDED ACTION Authorize a one-time purchase and payment of purchase order to Transwest Truck Center, LLC for one Ford Super Duty F550 Valve Track in the amount of 5152,051 plus a contingency of $10,000, for a total amount not to exceed $162,051, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency's Water Resources Division oversees and maintains the City's water system, including approximately 444 miles of water main. The Water Resources Division is requesting the purchase of a new truck to provide additional capacity for the system maintenance crews, which maintain the City's water system control valves. This specialty vehicle is critical to ensuring the continued delivery of high -quality water service to the customers in the City of Santa Ana. The Notice Inviting Bids was advertised on April 13, 2021, on the City's online bid management and publication system. A summary of the bid invitation and bids received is as follows: 352 Vendors were notified 20 Santa Ana vendors were notified 15 Vendors downloaded the bid packet 3 Bids received 0 Bids received from Santa Ana vendors Three bids were received and opened on May 4, 2021, and evaluated. The results are as follows: Vendor Location Amount Fairway Ford Sales Inc. Placentia, CA $218,508.32 Transwest Truck Center LLC Fontana, CA $152,050.85 Watsonville Fleet Group Watsonville, CA $219,569.35 City Council 13-1 6/15/2021 Award Purchase Order for Ford F-550 Valve Truck June 15, 2021 Page 2 The bid submitted from Transwest Truck Center, is responsive to the specifications and meets the City's requirements. Additionally, there is no Ford dealership in Santa Ana. ENVIRONMENTAL IMPACT there is no environmental impact associated with the action. FISCAL IMPACT Funds in the amount of $162,051 are available for expenditure in the current Fiscal Year 2020-21 as follows: Fiscal Accounting Unit- Fund Accounting Unit, Year Account # Description Account Descri tion Amount Water System 2020-21 06017641-66400 Water Fund Maintenance, Machinery $162,051 & Equipment Total $162.051 EXHIBIT(S) 1. Abstract of Bids Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency Approved By. Kristine Ridge, City Manager City Council 13 — 2 6/15/2021 EXHIBIT 1 CITY OF SANTA ANA Itr:rn ❑ppt;il piiVn ralrwvy rool.n.e. nc Ylaccnn.a. SA Transwe TT rl Centar L'..-C ronta na. (:A wat or), lF C eet C..ronp Watsonm'.Ic, CA Ford Super Duty F-550 Model Year 2022 or Newer, Base Model 1 as specified 5199,99R,00 $138,73).00 S4'.,J(9,J0 2 P6tlmrn Buoy ozspednuo io on 6non sI S9'701) nn 3-ighting Modification as specified Senn ;n 00 so on 4 -,- . as rr-, Soon SI I500 S0.00 S 92'o%Sales laz ,I Ross AJ jIJh41_1S SI8,SA9.ns d Subtotal $218,49].82 $151,fi903$ $219,5$8AS /❑eLunatiOio a ntl Del '.Vei V(Null aXable) Sono jl•n.on in on H fallfprnl a Tire Fc,(Npn T,*,hlel SIn so Sin.So sin so 9 ML., _Fr. Nun T.r A,lcl s000 $O.00 Woo 10 Total Price per vehicle $218,508.32 $152,050.85 $219,569.35 11 I'A l urd VnnJn, Prrlorotu r. N/A N/A N/A 12 Final Bid Amount as Determined by Basis of Award $218,508.32 $152,050AS 5219,569.35 City Council 13 — 3 6/15/2021 Public Works Agency https://www.santa-ana.org/pw Item # 14 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report June 15, 2021 TOPIC: Purchase of One Ford Super Duty F550 Platform Body Truck AGENDA TITLE Award a Purchase Order in the Amount of $82,512 to TransWest Truck Center, LLC for One Ford Super Duty F550 Platform Body Truck (Specification No. 21-048) (Non - General Fund) RECOMMENDED ACTION Authorize a one-time purchase and payment of purchase order to Transwest Track Center, LLC for one Ford Super Duty F550 Platform Body Truck in the amount of $82,512 plus a contingency of $5,000, for a total amount not to exceed $87,512, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency's Maintenance Services Division is in need of a platform body truck to replace the existing vehicle in the aging fleet of work equipment. The platform body truck (vehicle) is a vital multi -function, all-purpose vehicle with a large flatbed surface and removable side railings to load/unload materials efficiently. The vehicle also contains a 500-gallon water tank used to water trees and for roadway dust control measures. In addition, the vehicle is vital when deployed as part of the City's emergency response to rain and windstorm related debris and after hour's emergency service calls. The existing vehicle is a 2008 model, which has reached the end of its useful lifecycle, and has become unreliable, directly leading to public service delays. The vehicle exceeds the City Fleet Services Division's recommended Equipment Lifecycle Guidelines, earning a "terrible" rating based on industry standards from the Municipal Equipment Maintenance Association, the National Association of Fleet Administrators, and the American Public Works Association. The Notice Inviting Bids was advertised on April 7, 2021, on the City's online bid management and publication system. A summary of the bid invitation and bids received is as follows: 325 Vendors were notified 20 Santa Ana vendors were notified 15 Vendors downloaded the bid packet City Council 14 — 1 6/15/2021 Award Purchase Order for Ford Super Duty F550 June15,2021 Page 2 3 Bids received 0 Bids received from Santa Ana vendors Three bids were received and opened on April 28, 2021, and evaluated as follows. Vendor Location Amount TransWest Truck Center LLC Fontana, CA $82,511.40 South Bay Ford Lincoln Hawthorne, CA $88,512.40 Fairway Ford Sales Inc. Placentia, CA $93,961.13 The bid submitted from TransWest Truck Center, is responsive to the specifications and meets the City's requirements. Additionally, there are no Ford dealerships in Santa Ana. ENVIRONMENTAL IMPACT there is no environmental impact associated with the action. FISCAL IMPACT Funds in the amount of $87,512 are available for expenditure in the current Fiscal Year 2020-21 as follows: Fiscal Year Accounting Unit- Account # Fund Description Accounting Unit, Account Description Amount Public Works- Sanitation 2020-21 06817640-66400 Environment/Sanitation, $87,512 Fund Machinery & Equipment Total 587,512 1. List of Abstract Bids Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency Approved By: Kristine Ridge, City Manager City Council 14 — 2 6/15/2021 CITY OF SANTA ANA tem Desulpton Ford Super Duty F-550 Model Year 2022 or Newer, Base Model as I specified 2 Platform Bodv as specified 3 LOht. np N100.flc3tlon as specltled 4 Docu TEOSatI On ree 5 9.25%5.,IoT- 6 Subtotal 7 DE.it'. nat on anb De.11N2ry INLn TdNablel R ca'u1n1a 1'.. 1e', elNuu '..d.1hivi 9 V.- r—..(Non Taxable) to Total Price per vehicle I I I% I peal PIC 111114C 12 Final Bid Amount as Determined by Basis of Award Fairwav fora Sa'.es '.nc Placenta. CA EXHIBIT 1 South Bay Ford Lincoln Transwest Truck Center LLC Hawthorne, CA Fontana, CA 93g)v6Au 144.4 1 )Uu 5u uu :aceuu uu $0.uu $U 00 So Our $U u0 $U 00 $US UO 511500 57.054 63 5],493.15 `'6.968.27 $93,950.63 588,5o0.15 582,300.90 $000 S000 S20000 $1n'o $1' 25 Sins() so An 5000 soon $93,961.13 $RR,512 40 $R2,511.40 NIA N/A N/A $93,961.13 $88,512.40 $82,511.40 City Council 14 — 3 6/15/2021 Public Works Agency https://www.santa-ana.org/pw Item # 15 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report June 15, 2021 TOPIC: Purchase of One Chevrolet Traverse and Four Chevrolet Colorados AGENDA TITLE Award a Purchase Order in the Amount of $187,790 to Winner Chevrolet Inc., for One Chevrolet Traverse and Four Chevrolet Colorados (Specification No. 21-058) (Non - General Fund) RECOMMENDED ACTION Authorize a one-time purchase and payment of purchase order to Winner Chevrolet Inc. for one Chevrolet Traverse and four Chevrolet Colorados in the amount of $187,790 plus a contingency of $10,000, for a total amount not to exceed $197,790, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency's Water Resources Division is responsible for developing and effectively managing the City's water resources and sewer programs. The Water Resources Division's Administrative and Engineering sections are responsible for the following: developing, planning and managing capital projects, coordinating the water and sewer system replacement priorities, protecting water quality and supply, managing deferred maintenance systems, and updating and managing the digital map records of all water and sewer system infrastructure components. The Administration and Engineering sections are expanding, and as such, are in need of five vehicles. Staff utilizes City vehicles daily to conduct site visits, attend meetings, and perform the various functions, which help to ensure the continued delivery of high -quality water services to customers in the City of Santa Ana. The Notice Inviting Bids for these vehicles was advertised on April 15, 2021, on the City's online bid management and publication system. A summary of the bid invitation and bids received is as follows: 314 Vendors were notified 20 Santa Ana vendors were notified 8 Vendors downloaded the bid packet 2 Bids received 0 Bids received from Santa Ana vendors City Council 15-1 6/15/2021 Purchase Order for One Chevrolet Traverse and Four Chevrolet Colorados June 15, 2021 Page 2 Two bids were received and opened on May 6, 2021, and evaluated as follows: Vendor I Location Amount Winner Chevrolet Inc. I Elk Grove, CA $187,790 Penske Chevrolet of Cerritos I Cerritos, CA $190,890 The bid submitted from Winner Chevrolet Inc., is responsive to the specifications and meets the City's requirements. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT Funds in the amount of $197,790, which includes the bid amount of $187,790 and a $10,000 contingency, are available for expenditure in the current Fiscal Year 2020-21 as follows: Fiscal Accounting Unit- Fund Accounting Unit, Amount Year Account # Description Account Description Water Admin & 2020-21 06017645-66400 Water Fund Engineering, Machinery $197,790 & Equipment Total $197,790 EXHIBIT(S) 1. Abstract of Bids Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency Approved By: Kristine Ridge, City Manager City Council 15 — 2 6/15/2021 CITY OF SANTA ANA BID ITEM 1: CHEVROLET TRAVERSE Item nesrr.ptinn Chevrolet Traverse Model Year 2022 or Newer, Base Model as 1 specified 4 UOavncn Lauon FCC 5 9.25* Sule, Tux 6 Subtotal 7 Destloatlun and Delivery (Non Taxable) 8 Calirorma hre Fee (Non laaable) 9 Mi,c. fees (Nun T.ixahlt) 10 Total Price per vehicle 11 IX LOCaI VC11d01 PlefelenCC 12 Final Bid Amount as Determined by Basis of Award BID ITEM 2: CHEVROLET SILVERADO Item Descr. ption Chevrolet Colorado Model Year 2022 or Newer, Base Model as 1 specified 3 Docummt,tation FCC 4 9.25'A S, lcs l ux 5 Subtotal 6 Destination and Delivery (Non Taxable) / Calirurnia l ire Fee (Nun I.sable) 8 Ml1L. Fees (Non Taaahlel 9 Total Price per vehicle lU 1'A Loeal vendor PrefercnLO 11 Final Bid Amount as Determined by Basis of Award Grand Total as Determined by Basis of Award Pend a Chevrole', of Cerril.u, CLrriLu,. CA WN11►nM Winner Chevrolet Inc Elk GIUVL, CA $3u,823.62 $29,25u.uu $0.00 S0.00 `.2,851.18 ;12,70i63 $33,674.80 $31,955.63 $QUU SO.uo S8./� $8.15 $0.00 50.00 533,683.55 $31,964.38 N/A N/A $33.683.55 $31,964.38 Pen,ke Chevrale, of CerriLus Winner Chevmlel. lnL CLrritus. CA Elk Grove, CA $3S,966.04 $QUU S332G.8u $39,292.90 $U.Uu $9 /] $U UU $39,301.G5 N/A $39,301.65 $72,985.20 $35,6S0.0) SD.DD $3,247.U3 $38,947.63 $U.uo $8./S 50.00 $38,95G.38 N/A $38,956.38 $70,920.75 City Council 15 — 3 6/15/2021 Public Works Agency https://www.santa-ana.org/pw Item # 16 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report June 15, 2021 TOPIC: Purchase of One Ford Super Duty F550 Flatbed Dump Truck AGENDA TITLE Award a Purchase Order in the Amount of $75,379 to Western Truck Exchange for One Ford Super Duty F550 Flatbed Dump Truck (Specification No. 21-049) (Non -General Fund) RECOMMENDED ACTION Authorize a one-time purchase and payment of purchase order to Western Track Exchange for one Ford Super Duty F550 Flatbed Dump Truck in the amount of $75,379, plus a contingency of $5,000, for a total amount not to exceed $80,379, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency's Water Resources Division is in need of a flatbed dump truck to provide additional capacity and flexibility in the Water System Maintenance fleet. The flatbed dump truck is a smaller, versatile vehicle that allows staff to perform loading and unloading tasks in locations that would be difficult or impossible to accomplish with the existing, larger dump trucks. The addition of this vehicle will increase the efficiency of staff maintaining the City's water system. The Notice Inviting Bids was advertised on April 8, 2021, on the City's online bid management and publication system. A summary of the bid invitation and bids received is as follows: 308 Vendors were notified 20 Santa Ana vendors were notified 15 Vendors downloaded the bid packet 3 Bids received 0 Bids received from Santa Ana vendors Three bids were received and opened on April 28, 2021, and evaluated as follows: City Council 16 — 1 6/15/2021 Purchase of Flatbed Dump Truck June 15, 2021 Page 2 Vendor Location Amount South Bay Ford Lincoln Hawthorne, CA $83,395.13 Transwest Truck Center, LLC Fontana, CA $75,687.28 Western Truck Exchange Los Angeles, CA $75,378.10 The bid submitted by Western Truck Exchange is responsive to the specifications and meets the City's requirements. Additionally, there is no Ford dealership in Santa Ana. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT Funds in the amount of $80,379 are available for expenditure in the current Fiscal year 2020-21 as follows: Fiscal Accounting Unit- Fund Accounting Unit, Year Account # Description Account Description Amount Water System 2020-21 06017641-66400 Water Fund Maintenance, Machinery $80,379 & Equipment Total $80,379 EXHIBIT(S) 1. Abstract of Bids Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency Approved By. Kristine Ridge, City Manager City Council 16 — 2 6/15/2021 EXHIBIT 1 I om of (fip on CITY OF SANTA ANA soot) Say I ord -incolin ranswest rock Center L-C nawthorna, CA Iontana, CA we5tcrn I ruff, LxC,a.,e,e -03 A,..lge'... es, CA Ford Super Duty F-550 Model Year 2022 or Newer, Base Model 1. as specified 54`..J3Ano SfiA 9]1 In 549 Gila no J lathed Dump Body a;;pecfied 531,000.00 50.00 5fJ3,337.00 3 Go,:urm nce;nrr Fr p $85.00 $1'i5A0 $0.00 44.)-cS..1,,>T. $LUS'J.68 $b.suu 46 ib,3bb SJ 5 Subtotal $83,382.88 $75,47638 $75,185.85 G C4alrimion and Do'..ivc,, Won Taxable) n.on .Jon no 5l on no 7 California Tire Fee Won Taxable) $12.25 S'_0.50 $1225 8 Mist rCCs(VO) I axobic) 5u. Uu $U.uu SNu UD 9 Total Price per vehicle $83,395.13 $75,687.28 $75,378.ID 1n 1.4. L.,A ve ndur Pm'..emur.e N/A N/A N/A 11 Final Bid Amount as Determined by Basis of Award $83,395.13 $75,687.28 $75,378.10 City Council 16 — 3 6/15/2021 Public Works Agency https://www.santa-ana.org/pw Item # 17 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report June 15, 2021 TOPIC: Bus Stop Furniture Purchase AGENDA TITLE Award a Purchase Order in the Amount of $369,476 to Tolar Manufacturing for Bus Benches and Trash Containers (General Fund) RECOMMENDED ACTION Authorize a one-time purchase and payment of purchase order to Tolar Manufacturing for 159 bus benches and 159 trash containers, for a total amount not to exceed $369,476, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency is responsible for the acquisition, maintenance, repair, and replacement of bus stop furniture, including shelters, benches and trash containers. The bus stop furniture located at stops without shelters was purchased in 2000, and is suffering from metal fatigue. Many benches have been removed, as they are unrepairable. Given that the City of Santa Ana has one of the highest ridership counts in the County of Orange, it is imperative that benches are replaced and maintained to accommodate the needs of the community. City Council approved the initial purchase of replacement furniture in FY 2019-20, which staff began deploying last month. The current contract award is for the second purchase in the replacement plan and the furniture is expected to go into service in the winter of 2021. In total, 293 benches and 314 trash containers will be replaced during the first two phases. A third purchase will be made during the upcoming fiscal year. This contract award will provide 159 benches and 1g9 trash containers for deployment throughout the City. The installation will first be prioritized based on the condition of the existing furniture at each bus stop, with a focus on replacing furniture that shows metal fatigue. Secondly, furniture in locations where either the bench or trash container are missing will be replaced. Any existing furniture in those locations will be replaced as well. The remaining furniture, if any, will be distributed equally between City wards after sharing staff recommendations with each Council member. Due to the unique style of the shelter furniture (Exhibit 1), this contract will be awarded through an exception to the Compelilive Bidding Process. The City's current bus shelter City Council 17 — 1 6/15/2021 Award Purchase Order to Tolar Manufacturing June 15, 2021 Page 2 and furniture manufacturer, Tolar Manufacturing, was selected to supply the bus benches and trash containers in order to match the new furniture to the current distinctive shelter design. The quote submitted from Tolar Manufacturing is appropriate and responsive to the City's requirements (Exhibit 2). ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT Funds for this purchase are budgeted and available in the following General Fund account Fiscal Accounting Unit Fund Accounting Unit, Amount Year — Account # Description Account Description Bus Shelter Program, 2020-21 01117621-62300 General Fund Contract Services $369,476 Professional EXHIBIT(S) 1. Bus Stop Furniture Specifications 2. Bus Stop Furniture Quote Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency Approved By: Kristine Ridge, City Manager City Council 17 — 2 6/15/2021 �I I I �i ltlllil`i\ 1 �ml 'III"J�:IIIIII�L, I JIII�lxI+I III III I I �\,,, III II IIi ti�\ ilil ICI �, lilllllllilu�° ... �\ III IIII �\ ,re M1" �• yll I � Z1',II w 1 I 4I "J�'IIJIIII"i: IIU Iy:"� _ lNlll �II°�' _ Wxuux'dl'!� rllllll 9111rNIIx j' Alll IIIIJIIIWwI 011111111 � J�' '1@i 1iIYV Wl�slII I HI II IIIIIVIIIIIIWIrJxwWWY�II—IINWlr11NWIIWN111111 Nlllllll .rr�Yll'I� WLY: i�!!I III III. I IIIIIII' I Imm n rwwiwrwrwwwui N �xWWWWWWWWWIWtltlWNll IX uumrn �: nialiwii"iW� IM11111,la III fill III VIWr WAI �01 HIV. -=111111 _ rI � ounuaxuiu.Jul IIII In IIII W 141: I 1 i VIIIIIVMII NmmIWw SqUIP IVr ViI wig_ Ilill—1W4.V. wail. _sr.MIImlIOIY1'1W vtu_ IIV. ASV. rx� 11 u9. uxu• mIIIIIIIII IWINIIn40Muuuuuuuum rluu xMrYsuiIIIIIIIIIIIIIIIIIIIIiIIiiil°lil.. wunsuuIll xxuum rluiv.W UVAII„ x I:: =11111 uoi IIIIII:�JI Y rxw Euil. u0usu:. yyml uuuuuuuuiuuuuuuuuuugI ilf. r1uu uV. ;ixu:: III talP, rluu u. �I I xl:: " ppn umnum l`iu r1lp u: Illlluuuuuuuuuuuu W 1341 �I ) < <a)a{§ »»Z&}:<:§ \\\\\\\\\( - \- : }[)[ \ !§\4!!!r!( / ( 4fj\< . a!, � � - S d� M co § � \ � § § q � � 7 K i / r/ EXHIBIT 2 258 Mariah Circle Corona, CA 92879 (951) 808-0081 www.tolarmfg com info@tolarmfg.com Customer: Pro ect: Christy Kindig Bench and trash Projects Manager -Public Works receptacle pricing - City of Santa Ana Revised 20 Civic Center Plaza M•21 Santa Ana, CA 92702 Quote No: 2O823PM Date: 04/22/21 Quote Expires: 30 Days Sales Contact: Patrick Merrick Phone: 951-547-8209 Email: pmerr'ck Dtolannf cum Lead Time 12 Weeks From receipt of signed written order, and all roqulred approvals. Terms: Net 30 Days From Invoice Terms subject to change. Final terms to be determined based on credit history & bonding. Item: De cri i n: IUnit Pri Ext. Pri 1 159 6' Steel Strap Bench with back, city branding (Model 37824-111), two seat $ 1,059.00 $ 168,381,00 delineators, premium durable baked powder coat finish process with sandblast and pretreat process, zinc anchors 2 159 32 Gallon steel strap trash receptacle with hard rubber liner, hinged and lockable $ 1,068.00 $ 169,812.00 door -lock by others, (Model 32915-111), premium, durable baked powder coat finish process with sandblast and pretreat process, zinc anchors Quote / Order Authorized By: Sub -Total: $ 338,193.00 ESTIMATED Frei lit: FIRM Freight: $ 20 unit Sets Per Shipment TOLAR Delivery: CA State Sales Tax 9.25% $ 31,282.85 Total: $ 369,475.85 Pricing Notes: 1. Local/State sales and/or use taxes are not included and are the responsibility of the purchaser, unless specified above. 2. If requested, structural engineering calculations from a licensed ongineer in the state of installation are additional cost of $1.200.00 per design/modol. 3. Products are shipped Knock down & unassembled in bulk packaging for unloading and installation by others. Hardware boxed by unit. Installation instructions are provided. 4_ Freight costs an ESTIMATE ONLY. Freight is invoiced at actual Cost, without mark up, at time of shipment, unless specified above. 5. Client provides unloading at destination, including forklift and labor as necessary_ 6. Processing fee of 3% of total charge amount is additional and charged on all credit card payments. Standard Terms and Conditions These lefms and Conditions are attached to anti Incorporated by reference into the Proposal for products or setv!ces ('Proposal) provided by Tolar Manufacturing Company, inc. ("we'. our cr "us t 1. Drawings and Specifications: All drawings and speaficatons suornitted to our clients or potential clients are proprietary in nature and remain our property. They may be viewed, printed and distributed, without alteration, as reference for sales or for the process of specifying products for use. Detailed shop and erection drawings are provided m allow forfield instalation or repair. Sealed and stamped engineering calculations and drawings from an engineer lotinsea in the state of instdkation, if required, can be made avallaole for an aaditmna.. charge. Customers that provide their own drawing packages will retain ownership and be. covered under a Separate agreement. 2. vendor Status: Tolar Manufacturing Company, Inc. is a vendor supplier of manufactured products: is not a subcontractor or contractor. and is not subject to retamage or liquiaated damages for any reason. 3. Payment Terms: Payment terms for sere ces rendered Of products manufacturea by us snail be determined by us based on our determination of the credit worthiness of buyer and may require a deposit at time of order. Products are invoiced as sh',pped, d. Late Payment Penalty: Foyer agrees to pay a charge equal to the lesser of (i) the highest rate allowable by law or (if) 1.5%per month (18%per annumJ on the unpaid balance with respect to any'.ate payments. In audition. buyer will pay a], our costs and expenses. inouding actual attorney s fees.. incurred in connection with enforcing the Proposal and/or collecting any past due payments. '.n ilia event buyer fails to make any payment when due. we have the right of setoff, the right to lermmale the Proposal andlor to suspend further deliveries to buyer and the City Council 17 — 5 6/15/2021 Page 1 of 2 Initials: 258 Mariah Circle Corona, CA 92879 (951)808.0081 w vvv. tolarmfg.com info@tolarmfg.com Customer: Project: Christy Kindig Bench and trash Projects Manager -Public Works receptacle pricing - City of Santa Ana Revised 20 Civic Center Plaza M-21 Santa Ana, CA 92702 Quote No: 20823PM Date: 04122/21 Quote Expires: 30 Days Sales Contact: Patrick Merrick Phone: 951-547.8209 Email: pnierrick@to!arjnfq corn Lead Time: 12 Weeks From receipt of signed written order, and all requireo approvals. Terms: Net 30 Days From Invoice Terms subject to change. Final terms to be determined lased on credit history 8 bonding. Item: I Qt : Descri tion: i Price: Ext. Price: 5. Cancellation. If an order is cancelled by buy0r are, receipt of order authotilation, ano cancellation fee of 10%Of order value may be assessed to the buyer. in addition loan tire cost of materials purchased for the order', which may be. invoiced to the buyer at time of cancellation. 6. Delivery, T'.le and Redo or Unless otherwise provided in the proposalall shelters are prefabricated and shipped knock -down and in bulk format (not packaged ndlvidually) for ease Of handling and fast on -site installat on. Neither buyer nor consignee snail nave die right to direct Or fe-consign the goods to any other destination without our consent. All sales of products are F.0.8. our plant. Risk of loss of the products snail transfer to buyor upon delivery of the products to the common carrier. 7. Delivery Charges'. Lnloss otherwise provided in me Proposal, buyer shell bear all the costs of «ansponat on, inchIding without limitation loading, unloading, storage, and freight charge. All delivery quotes allow for an approximate 2-hour unload window for a fill truck. If this window is exceeded, additional charges may apply. All price quotes given for delivery are based on estimates obtained at the time the quote was requested. Actual freight charges may vary. 8. Delivery Dates: Any delivery date(s) or penod of delivery provided for in me Proposal Is approximate and does not guarantee a particular pair or period of delivery. Estimated lead limes are provided in Me grote. Under no circumstances will we be liable for delay in delivery occasioned in whole or in part, oy fire flood. explosion, casualty, r.ot. strike., embargo, transportation delay., oreakdown, accident. act of Goo or the public enemy, government authority, by our inability to secure materials, fuel, supply power or shipping Space or any otner circumstances beyond our reasonable control. 9. Delayed Shipment: If buyor delays shipment, we may invoice for products wnen ready for shienonl and, at our option, we may charge reasonaole daily storage fees 10. International Freight. We require me services of freight forwarder for all internatonal shipments_ Buyer may Seidel the freight forwarder, subject to our approval_ All fees, [axes and audit coal charges, in addit On to the actual freight costs, are the responsibility of buyer. 11. Returns: Due to me custom nature of our products. we cannot accept returns and we cannot permit cancellations once work has commenced. 12. Manufacturer s Warrenry: Our manufacturers warranty Is set forth in a separate document. 13. Limitation of Liability: WE ARE NOT LIABLC TO BUYER OR ANY THIRD PARTY FOR ANY SPECIAL. INCIOLNTAL. INDIRECT, CONSEQUENTIAL, PUNITIVC OR EXEMPLARY DAMAGES OF ANY K'.ND ARISING FROM OR RELATING TO OUR OBLIGATIONS UNDER T IIE PROPOSAL, INCLUDING LOST PROFITS, LOSS OR USL. LOSS OF RF.VF.NUE OR COS'r OF CAPITAL. EXCEPT FOR PERSONAL.. INJURY OR DEATH DUE 10 OUR MISCONDUCT, BUYFR AGREES THAT THE TOTAL DAMAGES THAT CAN BE AWARDED IN ANY CLAIM BY BUYER RELATING TO OUR OBLIGATIONS UNDER THE PROPOSAL (WHETHER BASED .N CONTRACT'.'fOR'f OR OTHERWISE. SHALL NOT EXCEED THE TOTAL.. PAID BY BJYER TO US UNDER THE PROPOSA'-. BUYER AGREES THAT THE. ABOVE LIMITATIONS ON LIABILITY PROVISIONS SHALL. RFMAIN IN FULL FORCE AND EFFECT EVEN .F IT is FOUND THAT BUYER'S EXCLUSIVE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 14. Governing Law. Jurisdiction and Venue: Tne Proposal shall be governed by and construed in accordance with the laws of the Stale of California w!d out reference to the choice of law principles thereof Eecn party irrevocably submits to the jurisdicton Of tale Courts of the State of califonna and the United States District Court for the Central District of California. 15. Amendment No amendments to these. Terms and Conditions can be made unless submitted in writing to Lis and signed and accepted by our PrOSldent or his designee. City Council 17 — 6 6/15/2021 Page 2 of 2 Initials: 17 C GN�N� C,nv0 0 � O no O � `a "xKxrrr�o n `X XXTX-S iA C City Council 17-8 M X z 00 L d o m g Y O LU 5 J d ►7 6/1 w in Information Technology https://www.santa-ana.org/IT Item # 18 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report June 15, 2021 TOPIC: Purchase of HP Support Contract for Servers and Storage Systems AGENDA TITLE: Award a Purchase Order in the Amount of $58,987 to Headlands Associates for HP Support Contract for Servers and Storage Systems (Specification No. 21-051) (Non - General Fund) RECOMMENDED ACTION Authorize a one-time purchase and payment of purchase order to Headlands Associates for HP Support Contract for Servers and Storage Systems, in the amount of $58,987, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The City's two data centers support the continuous City business operations on a 24 hours a day / 7 days a week / 365 days a year (24/7/365) cycle. In order to provide this service level, the Information Technology Department maintains the computer infrastructure with manufacturer -supported 24/7/365 maintenance contracts. The Hewlett Packard servers and storage equipment within the data centers require provisions with access directly to the manufacturers' technical support centers. This level of support allows the manufacturer to interactively diagnose system difficulties and provide solutions to localized problems, returning to service as soon as possible. In addition, the support contract with Hewlett Packard includes access to bug fixes, patches, and upgrades. These are essential for preserving the fitness and considerable investment in the hardware. Local Vendor Preference For bid evaluation purposes, qualified local bidders may receive either a 7% preference for "small" Santa Ana businesses, or a 4% preference for "small" Orange County businesses, which is given respectively on all qualifying bids for materials, supplies, labor, equipment or services, pursuant to the Small Local Business Preference Program under Ordinance NS-2828. Small Local Business Preference eligibility requirements are available on the City's website at wwu .sant7I_' isVYli:%.UYtjPfBB:laBlr:_W`/Ilif,.;_�ll��.}rF'.fW.YF.•.f:BP;,F. )Y4)(tYiiBYi:i:4_`p. Vendors located within the City of Santa City Council 18 — 1 6/15/2021 Purchase of HP Support Contract for Servers and Storage Systems June 15, 2021 Page 2 Ana limits that do not qualify for the small local business preference program may receive a 1 % local vendor preference when evaluating their total bid. The Notice Inviting Bids was advertised on April 12, 2021, on the City's online bid management and publication system. A summary of the bid invitation and bids received is as follows: 698 Vendors were notified 1 Santa Ana vendors were notified 38 Vendors downloaded the bid packet 2 Bids received 0 Bids received from Santa Ana vendors Two bids were received and opened on May 3, 2021, and evaluated as follows: Vendor Location Amount Headlands Associates Pleasanton, CA $58,986.58 Questivity Inc. Santa Clara, CA $63,823.95 The bid submitted from Headlands Associates, is responsive to the specifications and meets the City's requirements. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds in the amount of $58,987 are available for expenditure in FY 2020-2021 in the Information Technology, Network & Telecommunications, Hardware Maintenance & Support Account (No.10920147-62307). Submitted By: Jack Ciulla, Chief Technology Innovations Officer Approved By: Kristine Ridge, City Manager City Council 18 — 2 6/15/2021 Parks, Recreation, and Community Services https://www.santa-ana.org/parks Item # 19 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report June 15, 2021 TOPIC: Agreement with Community SeniorServ, Inc. dba Meals On Wheels Orange County for the Senior Meals Program AGENDA TITLE: Approve an Agreement with Community SeniorServ, Inc. dba Meals On Wheels Orange County for the Senior Meals Program in an Amount Not to Exceed $90,290 for the Period July 1, 2021 to June 30, 2022 (General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Community SeniorServ, Inc. dba Meals On Wheels Orange County for the Senior Meals Program in an amount not to exceed $90,290 for the period July 1, 2021 to June 30, 2022, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION Meals on Wheels (MOW) Orange County provides the Home Delivered Meals and Senior Lunch programs to the City of Santa Ana. MOW prepares and delivers three meals daily directly to the homes of homebound, frail, and socially isolated seniors in the City. A registered dietician plans the meals to assure 100 percent of the U. S. Nutritional Recommended Daily Allowance, consisting of breakfast, a cold lunch, and a frozen dinner. In addition to meals, clients benefit from daily contact with delivery staff, as well as the calls and/or visits from caseworkers who regularly check on their well-being. The Senior Lunch Program helps alleviate poor nutrition among the elderly population, especially prevalent among those who live alone and/or on a limited income. This nutrition program is normally available at two sites in Santa Ana (Santa Ana Senior Center and Southwest Senior Center) and seeks to enhance the physical and mental well-being of the elderly population by: Encouraging a sense of dignity • Providing stimulating activities and volunteer opportunities • Augrnenting participants' financial resources by providing donation -based meals In response to the COVID-19 epidemic, MOW is offering an alternative for seniors to get their meals through the Lunch Cafe (Grab & Go) Program, which occurs at the Santa Ana Senior Center and Southwest Senior Center. The program is to protect the health and City Council 19 — 1 6/15/2021 Agreement with Community SeniorServ, Inc. dba Meals On Wheels Orange County for the Senior Meals Program June 15, 2021 Page 2 safety of all participants, while also taking all necessary and deliberative steps to assure continuity and avoid the disruption of nutritional services. As part of the fiscal year 2021/22 budget process, $90,290 in general fund monies was proposed to be included in the Parks, Recreation and Community Services Agency's budget to provide these programs to Santa Ana seniors. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds will be budgeted and made available in the following account for the specified year: Fiscal Accounting Fund Accounting Unit, Account Amount Year Unit -Account # Description Description FY 21-22 01113230- General PRCSA-Recreation & Comm. Svc, $00,290 62300 Fund Contractual Services -Professional 1. Agreement Submitted By: Lisa Rudloff, Executive Director of Parks, Recreation and Community Services Approved By: Kristine Ridge, City Manager City Council 19 — 2 6/15/2021 i=M1i1E5i AGREEMENT BETWEEN THE CITY OF SANTA ANA AND COMMUNNITY SENIORSERV, INC DBA MEALS ON WHEELS ORANGE COUNTY FOR A SF,NTOR MEALS PROGRAMS THIS AGRF+,MF:N' is made and entered into on this 15th day of June, 2021 by and between Community SeniorServ, Tnc. a Cahlorrim nonprofit corporation doing business as Meals on Whecls Orange County ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing tinder the Constitution and laws of the State of California (--City„). RECITALS A. The City desires to retain Contractor to participate in delivering meals to homebound senior residents and providing nncals for senior residents at City senior centers. S_ Contractor represents that Contractor is able and willing to provide such services to the City. C. hi undertaking the pe.rformrwce of this Agreement. Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be per l'onned in compliance with Such standards as may reasonably be expected lion a prolessional litrn in the field. NOW THF'REF'ORE, in consideralion of the mutual and respective promises, and subject to the terns and conditions hereinalier set lin-th, the parties agree as lbllows: SCOPE OF SERVICES Contractor shall deliver a total of three nutritious meals, five days a week, to participants' hones along with case management services through the Horne Delivered Meal Program ('`HDM"). h addition, Contractor will deliver nutritional lunches to participants at the Southwest Senior Center and the Santa Ana Senior Center as part of the Lunch Catc (C;rab & (jo) Program. All participants in the program will be enrolled through the City of Santa Ana Parks, Recreation and Conununily Services Agency. Progranns shall operate as outlined in the attached Exhibit A, atached hereto and incorporated by reference_ 2. COMPENSATION a. City agree, to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Exhibil A_ The total amount to be expended during, the ta-m of this Agreement shall not exceed $90,290. b. Payment by City sh;tll be made within lorly-live (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures_ Payment need not bec made for work that fails to meet the stwrdarels of perfbrnrance set forth in the Recitals, which may reasonably be expected by City. City Council 1 19 — 3 6/15/2021 i=M1i1E5i 3. TERM Phis Agreement shall commence on July 1, 2021 and terminate on June 30, 2022, unless terminated earlier in accordance with Section 15, below- The parties agree that certain specified sections of this Agrecinent will Survivee termination or expiration of the Aurecmemt. 4. INDEPENDENT CONTRACTOR Conu-actor and its employees, agents and officers shall, during the entire term of this Agreement. be construed to be independent conu-aetors and not employees of the City. This Agreement is not intended nor shall it be eunstmed to create an employer-anployce relationship, a joint venntrc relationship, or to allow the City to exorcise discretion or control over the professional manner in which ConIraclorperfornns the services which are the subject matter ofthis Aureennent; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations govelning Snell services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insuratrec and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. Contractor is not an :.agent, representative, or employee of the City and Contractor shall have no sauthotity to act on behall'ol'the City. 5. INSURANCE Prior to undertaking performance ofwork wider this Agreement, C:Onta-aCtoa-shall maintain and shall reclttire its subcontractors, if any, to obtain and maintain insurance as described below: a. Connnercial General Liability Insurance. Contractor shall maintain colrunercial general liability insurance naming the City, its officers, ennployces, agents, volunteers and representatives as additional insured(s) with respect to liability ansing out of work or operations perlorned by or on behalf of the Contractor including inateiials, parts, of equipment trantrshed lit connection with such work or operations and -hall include, but not be limited to protection against claims arising From bodily and personal injwy, includinn death resulting therefrom and damage to property, resulting from any act or occurrence arising nut of Contractor'!, Operations in the performance of this Agreement, including, tvithuttt limitation, acts involving vehicles. The amounts Of insurance shall be not less than the following: single limit coverage fipplying to bodily find personal injury, including death resulting therefrom, and property dannage, in the total anxnmt of $2,000,000 per occurrence, with $4,000,000 in the aggregate- b. Business autOMObile liability insurance, or equivalent limn, with a combined single limit of not less than 51,000,000 per Occurrence. Such insurance shall include coverage for owned. hired and non -owned automobiles. c. Worker's Compensation Ttlsur-tmcc- Tn accordance with the California Labor Code, Contractor, if Contractor has any employees, is required to be insured against City Council 19 — 4 6/15/2021 i =M11 11151 liability for worker's annpensation or to undertake self-insurance. Prior to commencing the perlorlance of the wnrk under this Agreement, Contractor agrees to obtain and maintain any cmpluycr's liability insurance with limits not less than !3 1,000,000 per leeidettt. d. Sexual Abuse or Molestation (SAM) T.iabilily: either the commercial general liability policy must be endorsed to include aflirmative coverage Gorr sexual abuse. or molestation or Contractor shall obtain and maintain a separate policy covering Sexual Abuse and Molestation with a limit of 110 less than $1,000,000 per occurrence or claim. e. The following requirements apply Lo the insurance to be provided by Contractor Pursuant to this section: 1) If Conlraclor maintains brooder coverage or higher limits Ihan the minimums shown above, the City requires and shall tie entitled to the broader coverage and/or the higher limits maintained by alto Contractor. 2) Any available insurance proceeds in excess of flre specified rrlirlimum limits of insurance and coverage shall be available to the Entity. 3) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. 4) Pun any claims related to this contract, ttac C.UnlraLaor's insurance CuvCrago shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, agents and volunteers. 5) Contractor agrees that it will fill out wha[evcr paperwork is necessary for Contractor's insurance company to waive all rights of subrogatiotr against City, its elected or appointed officers, officials, agents or employees for losses paid under the terms of any policy, which arise from work performed by the Contractor for the Emily. 6) Certilicates ol' insurance including all required amendatory endorsements and a copy of the Declarations and Endorsement Page of the Coinincrcial General Liability policy listing all policy endorsenrcnts shall be furnished to the Cily upon execution of this Agreement and shall be approved by the City. City reserves the rights to rcgLHre cumpIcLe cerLificd copies of all required insurance policies, including cndoa--sctncnts affCCting the unveragC. required by these specifications, at any time. 7) No work shall be done pursuant to this Atreennetu until certificates of insurance are approved by the City. R) Certificates and policies shall slate IhaL the policies shall 110L be cancelled or reduced in coverage or changed in any other material aspect, by Contractor, without thirty (30) days prior written notice to the City. 9) Insurance coverage pursuant to this Agreement is to be placed with insurers authorized to conduct business in California wiLh a current AM. Best's rating of no less than ANTI, unless of 1CI-Wise aCCCptablC to the City. City Council 3 19 — 5 6/15/2021 i=M1i1E5i 1'. if Contractor fails or refuses to produce or maintain the insurance required by this section or fails or rclltses to furnish the City with required proof that insurance has been procured and is ill torte and paid Tor, the City shall have [tic right, at the City 's election, to forthwith terminate this Acreenient. Such termination shall not affect Cont-aclor's right to bepaid lorils rime and materials expended prior to norilicalion of la-rninaLion_ Contractor waives the right to receive coil tpcnsaIioil and agrees to indemnify the City for any work performed prior to approval of insurancee by the City. 6. INDEMNIFICATION Contractor agrees to defend, and shall indemnity and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (i ) for personal injury, damages,jusl compensation, restilulion,judicial orequifable reliefarising out of claims for personal injury, including death, and claims for property damage, which may arise front the negligent operations of the Contractor or its subcontractors, agents, employee,, or other persons acting oil their behalf which relates to the services described in section 1 of this Agreemcav; and (2) from any claim That personal injury, d,unages, just compensation, restitution, judicial or equitable relief is due by reason of the terns of or effects arising from this Agreement_ This indemnity and hold harnrrless agreement applies to all Bairns for damages, just compensation, restitution, judicial or cquitablc rclid'sullcrcd, 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. 'Hie Conlraclor further agrees to indemnity, hold haumless, and pay all costs for [he defense of the City, including fees and costs lirr special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agrecnicnt, or asserting that personal injury, damages, just compensation, restitution, judicial or cquitablc relief due to personal or property rights arises by reason of the terns of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding_ This indernnificalion provision shall survive expiration or termination of this Agreement. 7. RECORDS Contactor shall keep records and invoices in connection with the wort: to be perlixnled raider this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incti red tooter this Agreement and any services, cxpendinues, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, front the date of final payment to Contractor under this Agreement_ All such records and invoices shall lie dearly identifiahle_ 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 ui this Agi-ccnicut during r'cptilar business hours. Contractorshall allow inspection of Al work, data, documents, proceedino,s, and activities related to this AL)feement for a period of three (3) year, front fhe [late of final payment to Conlractor under this Agreement, Phis records provision shall survive expiration or termination of [his Agreement. City Council 4 19 — 6 6/15/2021 i=M1i1E5i R. CONFiDF,NTIALITV If Contractor receives from the City information which due to the natilre of such information is reasonably understood to he confidential and/or proprietary, Connaclor agrees that it shall not use or disclose such information except in the perfbrntance of this Agreement, and further agrees to exercise the sanec degreee of care it uses to protect its own information of like importance, but in no event less than reasonable care. -Confidential lnformarion" shall include all nonpublic information. Confidential information includes not curly 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 t'oregoing obligations ofnon-use and nontliselosure shall out applyto any information that (a) has been disclosed in publicly available sources', (b) iS, through no fsnit ofthc Conuactordisclosed in a publicly available Source; (c) is in rightful possession ofthe Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor wabout reference to infointation disclosed by the. City. This confidentiality provision shall survive expiration or termination of this Agreement. 9. CONFLICT OF INTEREST CLAUSE Cuntraclur cuvemmis that it presently has no interest and shall not have iutcrcsis, direct ur indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. BACKGROUND CHECK Provider shall not assign any employee, agent, subcontractor or volunteer to provide - service, pursuant to this Agreement, if that employee, agent, subcontractor or volunteer is required to register as a sex offender under California Penal Code Section 290 er sect, has a conviction for any crime of moral turpitude, has a conviction fur a violent felony as defined in Calilornia Penal Code Section 667.5(c), or has a conviction for a sct ions telony as debuted in California Penal Code Section I I92.7(c). Disqunlifj,ing convictions include but are not limited to, violations of California Penal Code Sections 37, 129, 136.1 wilh Section 186.22, 187. 190-190.4 and 192(a), 205, 206, 207-2095, 21 1, 212, 212-5, 213, 214, 215, 218-219, 220, 236 1(b) or 236-1(c), 243-4, 261, 261-51 273.5, 262, 264.1, 266, 266c, 26611, 266i, 266j, 2b7, 2o9, 272, 273a, 27331), 273d, 285, 286, 288, 288a, 288.2, 288.3. 288.4, 288.5. 288.7. 289, 290. 311.1, 311.2, 311.3, 311.4, 311.10, 311.11, 314, 347(a), 36K, 417(b), 451(n),5I X with 18622, 6476, 613f(c:), 664 and 1 R7, 6675(c), 1 tt745, 19750, or 18755, 12022-53, 11418(b)(1) or (b)(2); husincss and Professions Code Section 729. Failure to comply with this Section shall be grounds for immediate termination of this Agi-eement- 11. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be dcened 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 City Council 5 19 - 7 6/15/2021 i 4111 11151 the manner Provided in this Section, to the following persons: To City: Clcrk ol'thc City C:uuncil City of Santa Aria 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 With copy to: Executive Director Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, CA 92702 To Contractor- ConnnLill ity SeniorServ, Tnc. dba Meals on Wheels Orange County 1200 N. Knollwood Circle Anaheim. CA 92801 Fax (714) 220-1374 Attn: Trolly Hagler, President & CT-,O A party may change its address by giving notice in writing, to the other party. Tltercallei, 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 sct forth above- If sent by tax, communication shall be effective or deemed to havc been given twenty-four (24) hours after the time set forth on the tramsinission report issued b-y the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timefrantes, weekends, federal, state, County or City holidays shall be excluded. 12. EXCLUSiViTV AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding Lhe Subject Mattel- ha -cm, and supersedes any and all other agreements, oral orwriticn, between the. parties. fn the even of contlici between the terms ofill is Agreement and any attaclnnents hereto, the terns 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. I lie patties agree that any terms or conditions of any purchase order or other instnurtent that are inconsistent with, or in addition to, the Lenny and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agrccmcnt acknowledges that no representations, inducements, promises or agrectnents, orally or otherwise, have been made by -any party, or anyone acting on beholl'ol'any party, which are not embodied herein. City Council 6 19 — 8 6/15/2021 i 4111 11151 13. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, it may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the C'IIy and any such assignment, Iransfer, delegation Or subconu-act without the ('IIY's prior wrinen consent shall be considered null and void. Nothing in this Aurcentcnt 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. 14. WAIVER No waiver of breach, failure of any condition, or arty 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 or any breach, Iailure or right, or remedy shall he 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 specifics- 15. TERMINATION This Agreement may be terminated by the Cicy upon lifteen (1 S) clays written notice of tcrutinaliou. In such event, Collu actor shall be entitled to receive and the City shall pay Conn -actor compensation for al I services performed by Contractor prior to the effective date of termination. 16, NON-DISCRIMINATION Contractor shall not discrirninatc beeatrsC of race, color, creed, rcligion, 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 prohihited by applicable law, in the recruitment, Selection, uainit,g, utilization, promotion, termination or other employment related activities or in comiection with any activities under this Agreement- CUIttI'aCtOI Of irnts that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 17. Jl1RISDIC'1'ION-VI?NtJb; This Agreement has been executed and delivered in the State of California and the validity, interpret:-ition, performance, and enforcement of any of the clauses of this Agreement shall he determined and governed by the laws of the State of C:alifomia. Moth parties further agree that Orange County- Calilontia, 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 Agrcemutt. This jurisdiction provision will survive expiration or termination ofthis Agreement. City Council 7 19 — 9 6/15/2021 i 4111 11151 18. LICENSES Contractor shall, throughout the tern of this Agrecincru, 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 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. COMPLIANCE WITH LAWS Contractor shall keep informed of State, Federal and Local laws, ordinances, codes and Iegulabuns that in any manner a8cet those employed by it or in any way aftcet the peifurrnanec of its services pursuant to this Agreement. The Contractor shall at all times comply with such laws, ordinances, codes and regulations. 'I he Cily, its officer, and employees shall not he liable at law or in equity occasioned by failure of Contractor to comply with this Section. 20. SEVERASILITV Tn the event that one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court ul' cumpctcnt,jurisdictiun, such invalidity or unetfurccability shall not all'cct any ul'thc remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent ol'the parlies hereunder. 21. FXHIHFIS All Exhibits referenced herein and/ or attached hereto shall be incorporated as if fully set forth in the hody of this Agreement- 22. Ai1TITORTTV fhc person(s) executing this Agreement on behalf of the partics hereto wan;ant that they are duly authorized to execute this Agreement on behalf of said parries and that by so exectiling this Agreement, the parties hereto are formally bound by the provisions of this Agreement. 23, COUNTERPARTS This Agreement may be executed by the parties hereto in separate counterparts- each of which when executed and delivered shall be an original, but all such courucrparts shall togcthe constitute One and the same instrument. I.ach counterpart may consist of a number of copies hereof each signed by less than all, but together signed by all ol'lhe parties hereto. City Council 9 19 — 10 6/15/2021 i=M1i1E5i 24. ELECTRONIC SIGNATL112ES This Agccunent and counlcil-myls of this Agrccinent Tnay be executed and delivered by tacsirnite Or other electronic means by any of the parties to this Agreement. the tacsimile, email, or other electronically delivered signatures of the parties shall he deemed to constitute original signatures. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk Of the Council APPROVED AS TO FORM SONTA R. CARVALTTO City Attorney m Laura A. Rossini ChicfAssistant City Attorney RECOMMENDED FOR APPROVAL Lisa Rudloll' EXCCnlivc DirccLOT Parks, Recreation and Community Scrviecs Agcney CITY OF SANTA ANA Kristine Ridge City Manager CONTRACTOR A W g f/ Holly�4lagle:.' President & CEO City Council 9 19 — 11 6/15/2021 i=M111151 EXHIBIT A City Council ,. 19 — 12 6/15/2021 i =M11 11151 City of Santa Ana Scope of Work Name of Organization Meals on Wheels Orange County Name of Funded Program Home Delivered and Lunch Cafe/Grab & Go Meals Programs Annual Accomplishment Goal L Total number of unduplicated Participants (Santa Ana and Non -Santa Ana participants) anticipated to he served by the funded program, named above, during the 12-month contract period. 8,500 Participants II. Number of ONLY unduplicated Santa Ana Participants to be served by the funded program, named above, during the 12-month contract period. 700 Participants Program and Funding Dcscri tp ion For Fiscal Year 21-22, Santa Ana discretionary funds in the amount of $90,290 will be utili2ed to help fund the raw food costs of hone delivered and Lunch Cafe/Grab & Go meals to Santa Ana older adult participants from July 1, 9(01- June 30, 2W22 Horne Delivered Meal Program: Participants in the HDM Program will receive a total of 3 nutritious meals, 5 days a week delivered to their home along, with case management services. Meals will be delivered by paid and volunteer drivers. Eligibility and case management services will be provided by Meals on Wheels Orange County Case Managers. Participants will also have access to other services at no charge including in -home services, respite services, home safety equipment, and other resources. Lunch Cafe (Grab & Go) Program: Participants in this program will be provided with nutritional lunches at 2 sites in Santa Ana - Southwest Senior Center and Santa Ana Senior Center. Schedule of Performance Estimate the number of ONLY unduplicated Santa Ana participants to be served by the funded program during the 12- month contract period per quarter. (Enter number of new Santa Ana Participants served each quarter. If they were served in quarter 1 do not count them again in quarter 2) Quarter 1! July 1 - September 30 4001 Participants Quarter 2: October 1- December 31 1 1501 Participants Quarter 3! January 1 - March 31 100 Participants Quarter 4: April 1 -June 30 50 Participants 700 Total unduplicated Santa Ana Participants to be served. Schedule of Invoicing Estimate the amount of grant funds to be Quarter 1: July 1 - September 30 Quarter 2: October 1 - December 31 Quarter 3: January 1 - March 31 Quarter 4: April 1 -June 30 during the 12-month contract period on a quarterly basis. 22S/2.S 0 22572.S 22S/2.S 22572.S 90,290.00 IotalGrant City Council 19 — 13 6/15/2021 Parks, Recreation, and Community Services https://www.santa-ana.org/parks Item # 20 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report June 15, 2021 TOPIC: As -Needed Short -Term Santa Ana Zoo Exhibits AGENDA TITLE: Approve Agreements with Breeze Creative, Imagine Exhibitions and Spineless Wonders to Provide As -Needed Short -Term Santa Ana Zoo Exhibits for an Annual Aggregate Amount of $250,000 and a Total Aggregate Amount Not to Exceed $750,000 for the period June 15, 2021 to December 31, 2023 (General Fund) RECOMMENDED ACTION Authorize the City Manager to execute agreements with Breeze Creative LLC, Imagine Exhibitions, Inc., and Spineless Wonders to provide as -needed short-term Santa Ana Zoo exhibits for an annual aggregate amount of $250,000 and a total aggregate amount of $750,000 from June 15, 2021 to December 31, 2023, to be funded by the Cannabis Public Benefit Fund, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The hosting of temporary or short-term exhibits is a standard in the museum industry, including our local Bowers Museum and Discovery Cube, and has become more common at zoos as well. These exhibits create new, exciting experiences for youth and their families returning to the facility, and welcomes youth with specific interests while introducing them to the organization for the first time. Exhibits are created from pre- existing collections, installed and maintained at the zoo by the provider, and collected for use at another facility at the end of the run. Exhibit providers will provide training and educational resources for use by zoo staff and volunteers during the exhibit run. New temporary exhibits each year capture the attention of a wide variety of interests, which creates return visits to the zoo. Through repeat experiences, a connection between the Zoo and our community builds while presenting opportunities for education through recreation and natural curiosity. Exhibits will run for a defined period and be included with general zoo admission for all guests. All exhibit components will be outdoors with accommodations for inclement weather and will be fully accessible to guests of all abilities. As part of the Community Connections. The Zoo and You, programs designed specifically for Santa Ana youth (ages 0-26) will be developed and include opportunities to dive deeper into the animals, City Council 20-1 6/15/2021 Approve as -needed short-term zoo exhibit agreements June 15, 2021 Page 2 scientific concepts, and technology presented by each exhibit. Resources will also be made available for local educators bringing their student groups to visit the zoo during the exhibit run. These special exhibits will also provide new opportunities for zoo youth volunteers to become subject experts, improve their research and communication skills and share their excitement for the subject presented with other youth. Through short- term, temporary exhibits unique to the zoo, local youth will have new opportunities to explore a variety of species, habitats and technology while supporting their science education and creating life-long connections to the natural world. The temporary addition of exhibits like life-sized dinosaurs, live butterflies and interactive experiences will provide new and engaging experiences for Santa Ana youth. Possible exhibits like a collection of life-sized, animatronic dinosaurs will introduce youth to a new time -period and show the connections between prehistoric and modern animals and their habitats. Children will be attracted to the sheer scale of the featured species, while older youth can dive into the details of each individual exhibit presented with scientifically accurate information. A walk-through butterfly aviary is another possibility and is one of the most requested exhibits at the zoo. Youth will enjoy photographing and watching the colorful inhabitants possibly feeding, creating an instant connection to the natural world. With the ubiquitous presence of technology, access to interactive virtual experiences with a greater purpose creates more proficiency for youth. Technology that encourages the natural creativity of young children, captures their creations and makes them come to life in real -world experiences is available. Children learn about new species by creating their own animals and placing them in a virtual environment. Older youth discover changing habitats by creating and solving environmental problems and seeing how their choices directly affect the world around them. These are some of the possibilities that can allow Santa Ana youth and their families to enjoy new experiences in safe and familiar settings. On October 5, 2020, the Parks, Recreation and Community Services Agency (PRCSA) issued a Request for Proposal (RFP) for short-term special youth exhibits at the Santa Ana Zoo. The City notified 159 companies (17 Santa Ana companies), and five companies submitted proposals (zero Santa Ana companies) to provide a services. An evaluation committee reviewed and rated the proposals. The proposals were evaluated according to the criteria listed in the RFP, which includes firm/team experience, relevant project experience, references, manner for performing service, schedule, operational plans and fee. The results of the RFP evaluation were as follows: City Council 20 — 2 6/15/2021 Approve as -needed short-term zoo exhibit agreements June 15, 2021 Page 3 Company Rankin Billings Productions 269 Spineless Wonders 269 Imagine Exhibitions 258 Breeze Creative 230 Son bear Studios 174 Staff recommends entering into agreements with Spineless Wonders, Imagine Exhibitions and Breeze Creative. While PRCSA is not entering into an agreement with Billings Productions at this time, staff is working on general agreement terms with the vendor and expect to return to the City Council at a future date to add this vendor to the list of three zoo exhibit vendors and include them as part of the established aggregate total of $750,000. In order to provide the best services to the City, staff will endeavor to distribute work equally among the four companies, but reserves the right to assign work to one or more over another based on the needs of the Santa Ana Zoo. Specific zoo exhibit costs will be negotiated based on the term and type of exhibit as well as information provided in the proposal. Upon agreement of specific zoo exhibit terms, a letter agreement will be prepared and executed by the Executive Director of the Parks, Recreation and Community Services Agency. FISCAL IMPACT Funds are available in the following account for the current year and will be budgeted and made available in subsequent years. As part of the Citywide carry forward process, PRCSA will submit to the Finance Department a request for any unspent and encumbered balance to be carried forward into subsequent fiscal years during the term of the agreement, which will be compiled with requests from other departments and will be presented to the City Council at a future date. The intended soendina clan is as follows. subiect to chance: Fiscal Accounting Fund Accounting Unit, Account Amount Year Unit -Account # Description Description FY 20-21 01213020- Cannabis Public PRCSA-Administration, $250,000 62300 Benefit Fund Contract Services -Professional FY 21-22 01213020- Cannabis Public PRCSA-Administration, $250,000 62300 Benefit Fund Contract Services -Professional FY 22-23 01213020- Cannabis Public PRCSA-Administration, $250,000 62300 Benefit Fund Contract Services -Professional City Council 20 — 3 6/15/2021 Approve as -needed short-term zoo exhibit agreements June 15, 2021 Page 4 EXHIBIT(S) 1. Agreement Submitted By: Lisa Rudloff, Executive Director of Parks, Recreation and Community Services Approved By: Kristine Ridge, City Manager City Council 20 — 4 6/15/2021 Exhibitl AGREEMENT TO PROVIDE TEMPORARY EXHIBITS FOR THE SANTA ANA ZOO THIS AGRI EM1;NT is made and entered into this 15th day of .Tune, 2021. by and between Breeze Creative LLC, a Florida limited liability company ("Consultant"), and the City of Santa Ana, a chatter city and municipal corporation organized and existing tinder the Constitution and laws of the State of California ("City"). RECITALS A. in October of 2020, the City issued Request for Proposal ("RFP") No. 20-104, by which it sought Consultants for temporary special exhibits as needed for the Santa Ana zoo. B. Consultant submitted a responsive proposal dated November 11, 2020 and was among those companies selected by the City to he awarded an Agreement. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 20-104 and attached as Exhibit A. 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 he performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW TIIEREFORE, 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 a. On an as -needed basis, and at the sole discretion of City, Consultant shall provide digital interactive exhibits pursuant to the parameters described in Exhibit A, the exhibits are anticipated to run during the Spring and Summer season (approximately March — July of 2021, 2022, and 2023 but subject to negotiation). b. When the need for services arise, City may initiate services through use of a letter agreement which will set forth the specific details as to the special temporary exhibit selected by the City including but not limited to set up, take down, and maintenance, cxceutcd by the Executive Director of the Parks, Recreation, and Community Services Agency and the Consultant- c. Work by the Consultant may not proceed absent a previously engaged or Killy executed consultant agreement and letter agreement for a specific project. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant tinder this Agreement. Consultant shall be paid only for actual services performed tinder this Agreement at the rates :and charges identified in Exhibit B. Consultant is one of four (4) Consultants selected to provide temporary exhibits for the Santa Ana Zoo on an as needed basis under RFQ No. 20-104. The total City Council Page 1 of ?& — 5 6/15/2021 compen� 104 is a ($750,OC b, This Ag allocateC exhibits, written n c. Payment proper ire Payment nerform Exhibitl 1 (any auto), or if Instructor has no owned autos, Code 8 (hired) and 9 (non -owned), with limits no less than $1,000,000 per accident for bodily injury and property damage. (Note — required only if auto is used in performance of work). a 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 for bodily injury or disease. d. Sexual Abuse or Molestation (SAM) Liability: If the CGL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, Consultant shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $5,000,000 per occurrence or claim. e. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City of Santa Ana requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Ana. f. Other Insurance Provisions - The insurance policies are to contain, or be endorsed to contain, the following provisions: I. Additional Insured Status- The City of Santa Ana, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL and SAM policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). 2- Primary Coverage- For any claims related to this contract, the Consultant's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Santa Ana, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Santa Ana, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it_ 3. Notice of Cancellation- Certificate of Insurance shall provide thirty (30) day prior written notice of cancellation in a form approved by the City. 4. Waiver of Subrogation- Consultant hereby grants to City of Santa Ana a waiver of any right to subrogation, which any insurer of said Consultant may acquire against the Entity by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer. .5. Self -Insured Retentions- Self -insured retentions must be declared to and approved by the City of Santa Ana. The City of Santa Ana may require the 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. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or the City of Santa Ana. City Council Page 3 of — 7 6/15/2021 Exhibitl g. Failure to provide or maintain insurance coverage as required by this Agreement is grounds for immediate terminate of this Agreement. 6. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. 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 of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant_ 7. IN`1'ELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and bold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 8. 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 0 City Council Page 4 of N — 8 6/15/2021 Exhibitl (3) years from the date of" final payment to Consultant under this Agreement. 9. CONFIDENTIAL.ITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 10. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of'services. II. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of -the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 In Santa Ana, CA 92702-1988 Fax: 714- 647-6956 Executive Director Parks, Recreation & Community Services Agency City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, CA 92702 0 City Council Page 5 of�d — 9 6/15/2021 Exhibitl To Consultant: Breeze Creative, LLC. 5001 SW 74" Court, Suite2020 Miami, FL 33155 Email: Kristinb@breezecreative.com Attention: Avraham Horwitz, President A party may change its address by giving notice in writing to the other parry. 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. 12. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreerent acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any parry, or anyone acting on behalf of any party, which are not embodied herein. 13. 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. 14. 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. ill City Council Page 6 oAD — 10 6/15/2021 Exhibitl 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 completed as of such date, and in such case, such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work, which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. NON-DISCRIMCINATION 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_ 17. TMISI)ICTION-VENUT 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 tern 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. City Council page 7 of39 — 11 6/15/2021 Exhibitl 1.9. MISCELLANEOUS PROVISIONS a. Fach 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. C. This Agreement may be signed electronically and in counterparts. All signature pages, whether containing electronic signatures or wet signatures can be combined to create an original Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By:X. A. Laura A. Rossini Chief Assistant City Attorney RECOMMENDED FOR APPROVAL,. Lisa Rudloff Executive Director Parks, Recreation, & Community Services Agency CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT —. L fl� , By: Avraham Horwitz "Title: President 0 City Council Page 8 oAi — 12 6/15/2021 Exhibitl EXHIBIT A SCOPE OF SERVICES 0 City Council Page 9 of?Q — 13 6/15/2021 Exhibitl Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SHORT-TERM SPECIAL YOUTH EXHIBITS AT THE SANTA ANA ZOO RFP NO.: 20-104 BACKGROUND AND INTRODUCTION: Santa Ana Zoo: The Santa Ana Zoo at Prentice Park's mission is: The Santa Ana Zoo, through fun, adventure, and learning, empowers the community to save wildlife and wild spaces. The Zoo first opened in 1952 on land donated to the City of Santa Ana by a local businessman, Joseph Edward Prentice. His conditions on the grant deed stated the land must always be a city park, the park be named Prentice Park, and the city maintain a zoo with ample accommodations for at least 50 monkeys. The Zoo is owned and operated by the City of Santa Ana and receives additional financial support from the zoo society, Friends of Santa Ana Zoo, a private 501(c)3 non-profit entity. The Zoo is open to the public 10:00 AM to 5-00 PM seven days a week, 362 days a year, and averages 250,000 visitors yearly. In 2018, a new Master Plan and Strategic Plan for the Santa Ana Zoo including the development of new exhibits and experiences for zoo guests was adopted. Strategic goals include enhancing the zoo by continually delivering high -quality improvements to the guest experience, better connecting to our local community, and consistently providing new experience enhancements or attractions for new visitors and diverse audiences. Studies show that experiential education (learning through play, shared and first-hand experiences) is vital to science education and creating life-long connections to the natural world. Short -Term Special Exhibits: The Zoo is seeking one or more PROPOSERS to provide one or more Short -Term Special Exhibits. The contracted PROPOSER(S) will provide a turn -key exhibit that is family -friendly, educational, animal and/or non -animal themed. PROPOSERS'S OBLIGATIONS: The CITY seeks an independent contractor who will provide and operate one or more unique special exhibits. The exhibits are anticipated to run during the Spring/Summer season (approximately March — July) of years 2021, 2022, 2023. 1.1. The specific exhibit run is subject to negotiation depending on the needs of the CITY and availability of the exhibit. The exhibit will be physically located at 1801 E. Chestnut Ave. Santa Ana, CA 92701 1.2. The exhibit will be located outdoors and any necessary accommodations for inclement weather (i.e. shade structures or tents) need to be detailed in the proposal. M City Council City of Santa Ana Pff2ot404 6/15/2021 Page 12 Exhibitl 1.3. The PROPOSER will ensure the exhibit envelope is fully ADA accessible. 1.4. PROPOSER will provide public access to the exhibit during normal Zoo operating hours; - - 10:00am — 5:00pm -- seven days a week. Staffing levels and hours of operation will be approved by the Zoo Manager. The PROPOSER may need to provide additional access for special events or promotions. 1.5. Exhibit access will be included in zoo admission; no fees are to be charged for special exhibit access. Fees may be charged for experience up -sells, such as animal food. Fee waivers may be provided for certain groups at request of the CITY and this is negotiable. 1.6. PROPOSER will provide exhibit layout information for one or more of the designated areas on the included map. Exhibit may be located entirely in one location, or spread out to multiple locations depending on the nature of the exhibit. 1.7. All services shall be performed in the highest professional manner, and in accordance with the current industry standards. Unless the means or methods of performing a task are specified elsewhere by the CITY, PROPOSER shall employ methods that are generally accepted and used by the museum industry. 2. OPERATION OF THE EXHIBIT 2.1. PROPOSER shall be responsible for the transportation, set-up, maintenance, security, and break down of the exhibit(s). All barriers and portable displays including signboards and signage are the responsibility of the PROPOSER. Placement and appropriateness of items will be determined by the Zoo Manager. 2.2. CITY will provide access to the exhibit area from 8:00am — 6:00pm as requested for exhibit set-up, maintenance, and break down. Dates and times to be scheduled between PROPOSER and CITY. 2.3. All materials used must be flame retardant. Items cannot be attached to Zoo buildings or structures (inside or outside) without prior approval by the Zoo Manager. 2.4. PROPOSER will provide own vehicle for the transportation of equipment and supplies. The CITY must approve vehicle and it must meet all requirements of the State of California, Department of Motor Vehicles and maintain adequate insurance. 2.5. PROPOSER will provide any advertising, marketing, educational and other print materials and graphics as part of the proposal_ Such materials accompanying the exhibit must be approved by the Zoo Manager prior to public distribution. 2.6. Fees for Sale of Animal Food: Operator shall be allowed to establish fees for sale of animal food if applicable to the exhibit type. These fees shall be subject to the approval of the City, Parks, Recreation and Community Services Executive Director and listed in the City's Resolution of fees which is published with the annual budget. Any change in the fee structure will only be permitted with the prior written approval of the Executive Director and in compliance with any applicable law_ City Council City of Santa Ana Rrrfl20r804 6/15/2021 Page 1 Exhibitl 2.7. Any live animals that are part of the exhibit (such as butterflies) must remain secured within the exhibit at all times. Any permits, transportation, acquisition, veterinary care, etc. for such animals is the full responsibility of the PROPOSER. 2.7.1. Exhibits with regulated live animals (ectotherms) must have double -door containment and fully comply with any USDA APHIS and local requirements. 2.7.2. Exhibits with live animals must have handwashing areas provided by the PROPOSER unless they're already nearby (within 30'). 3. MAINTENANCE AND FACILITIES 3.1. Any equipment brought on site by the PROPOSER must have prior written approval from the CITY. The PROPOSER shall repair and maintain at its expense any damage, including maintenance or repair necessitated by ordinary wear and tear. Equipment necessary to the proper function of the operation that cannot be repaired shall be replaced by the PROPOSER. The replacement or addition of equipment will first be discussed with the CITY to determine the responsibility of cost and feasibility of location. 3.2. PROPOSER agrees to maintain designated exhibit areas. If the CITY staff must clean the exhibit areas after the PROPOSER has been the sole user of said areas, PROPOSER will be charged at rate of $50per labor hour. Alternatively, the PROPOSER may establish a maintenance program with the CITY and necessary training. 3.3. PROPOSER is responsible for the coordination and supervision of all subcontractors. 3.4. The CITY will maintain the water, natural gas, electrical, and sewer lines except in cases where the PROPOSER'S direct negligence causes major maintenance repair expense. Should the PROPOSER require additional utility capacity and/or outlets beyond those existing and available, the cost of such installation and hookups will be at the PROPOSER'S expense after required CITY approval. Utility access may be limited in some potential exhibit locations. 3.5. The location of the exhibit must be documented with photos before set up, and the area returned to the same condition after removal of the exhibit. If the exhibit is held on a turf area, the turf must be restored to original condition afterwards. 4. TRAINING AND STAFF 4.1. PROPOSER is responsible for staffing stand-alone exhibits, including guest access control and instruction, animal food distribution (when applicable), and daily exhibit opening and closing. PROPOSER shall maintain a current employee manual that addresses operational procedures and on -going training in providing efficient and effective service to customers. Copies shall be readily available for review by CITY staff. 4.2. PROPOSER is encouraged to include opportunities for local youth volunteers and paid youth interns to contribute to exhibit staffing. Paid internships and volunteer opportunities City Council City of Santa Ana r�29604 6/15/2021 Page 1 Exhibitl shall be coordinated with the Zoo Education Department to best serve the Santa Ana community. At no time may the exhibit be staffed solely by volunteers. 4.3. The CITY shall have the right to recommend the discharge of any Exhibit employee for, but not limited to, the following reasons: 4.3.1. Theft and/or vandalism. 4.3.2. Sexual harassment_ 4.3.3. Use of abusive or profane language. 4.3.4. Substance and/or alcohol abuse. 4.3.5. For any other conduct deemed by the CITY to be contrary to the best interests of the CITY. 4.4.In lieu of staffing the exhibit, the PROPOSER may provide for consideration by the CITY a standard operating procedure for the CITY to staff the exhibit. 5. SPECIAL CONSIDERATIONS AT A ZOO FACILITY 5.1. Unless approval has been granted by the Zoo Manager or their designate, Contractors, Subcontractors, and their employees are not allowed: 5.1.1. To enter any paddock, holding cage, or other enclosure in which an animal of any kind is housed. 5.1.2. To attempt at any time or in any circumstance, to touch, handle, or otherwise manipulate any animal. 5.1.3. To cross safety barriers or enter non-public areas. 5.1.4. To remain on zoo grounds after violating these rules. Anyone who fails to comply with the above instructions will be considered in breach of their contract, and escorted from Zoo property. City Council City of Santa Ana 7ff 20rr4 6/15/2021 Page 1 Exhibitl Santa Ana Zoo Temporary Exhibit Possible Locations Red: Preferred Locations A: Open Space, Approx. 4,000 Sq Ft B: Zoo Office, Approx. 2,000 Sq Ft Yellow: Alternate Locations C: Sazoo Rental Area, Approx. 4,000 Sq Ft Q: Anteater Rental Area, Approx. 3,000 Sq Ft E: Outpost Rental Area, Amphitheater Rental Area, Approx. 17,000 Sq Ft �.....a City of Santa Ana RFP 00. City Council 20 — 18 6/15/2021 Exhibitl A: Open Space, Approx.4,000 Sq Ft C: Sazoo Rental Area Approx. 4,000 Sq Ft E Outpost Rental Area Approx. 1,600 Sq Ft 6: Zoo Office, Approx. 2,000 Sq Ft D: Anteater Rental Area Approx. 3,000 Sq Ft F: Amphitheater Rental Area Approx. 17, 000 Sq Ft City Council Page t 6/15/2021 Exhibitl t:x Its'T B FEES AND COMPENSATION City Council Page 10o?R) 20 6/15/2021 W C` t> CL ? C C'J C] U f - ( C. � 1' CJ Lf J GJ _ fi5 Qn b9 r O f m N k co l m =) m ,V 0 Q rh CJ IV i It N r t o 1 Q J i (-1 _ t 1 fn _ D1 N C1 -� f m l l{ J _ r lJ f (Ccl _.. .. 10 V m f6 . n- ] } � Vi r; m n 1 �pp C m 10 U UJ m nM t (r3 ci al IV k 7 ---- - — --- ------- -...... f ) ' i ct o �Om cli v It i 171 o t f f� d r_ n C cc i n IJ - — � m rn m 1J f, fJ m ro In c � � m� 1� 7 f J o ✓t f i OJ D t t O m Le- < r) 1f m .o It �7VI' � U n_ _ U f�'M1 i't41 1-' u W mm r o. m,m+timoow S') Exhibit 2 AGREEMENT "TO PROVIDE TEMPORARY EXHIBITS FOR THE SAN`1'A ANA ZOO THIS AGREEMENT is rnade and entered into this l5th day of June, 2021. by and betwecu Imagine lixhibitions, lne. a Gcorgia corporation ("Consultant'), and the City of Santa Ana, a charter city and municipal corporation organized and existing tender the Constitution and Laws of the Stale of California ("City"). RECITALS A. To Octoher of 2020, the City issued T2equest for Proposal ("TZFP") No. 20-104, by Which it sought C011snhanLS fin- temporary special exhibits as needed l'or the Santa A na Zoo- B. Consultant submitted a responsive proposal dated November 12, 2020 and was among those companies selected by the City to be awarded an Agreement. Consultant represents that it is able and willing; to provide the services described in the scope of work that was included in RFP No- 20-104 and attached as Exhibit A. C. In undertaking the performance of this Agreement, Consultant represents that it is krowlcdgcable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such sl:ardards a may reasonably be expected groat a professional contracting, lirm in the field. NOW THEREFORE, in consideration of the nmtual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE. OF SERVICES a. On an as -needed basis, and at the sole discretion of City, Consultant shall provide traveling exhibitions Rx use al the Santa Ana Zoo pursuant to the paramelers described in Exhihit A- The exhibit,, are anticipated to run during the Spring and Sturrrrler season (approximately March — July of 2021, 2022, arid 2023 but subject to negotiation). b. When the need for services arise, City may initiate services duough use of a letter agreement which will set forth the specific details as to the special temporary exhibit scicctcd by the City including but not limited to set up, take down, location, and maintenance, executed by the Executive Director of the Parks, Recreation, and Community Services Agency and the Consultant. c. Work by the Consultant may not proceed absent a previously engaged or fully exectued consultanl agreement and leller agreement her a specific project. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or ntaxinttan compensation to Consullant under this Agreement. Consultanl shall be paid only for actual services perforated Wider this Agreement at the rates and chases identified in Exhibil B. Consultant is one of four Consultants selected to provide temporary exhibits for the City Council 20 — 22 6/15/2021 Pagc 1 of 10 Exhibit 2 Santa Ana Zoo on an as needed basis undo fLI Q No- 20-10dd the total compensation for services provided by all Consultants seleeIed under ItI-Q No. 20- 104 is a collective amount not to exceed seven htLndred and fifty thousand dollars ($750,000.00) during the term of the Agreement, iueludittl any extension periods. b. This Agreement is conlingenl upon funding. In the evens That funding is not allocated or is reduced to it Icvcl that will not support use of the special tcanporary cxllibits, the City may terminate this Agrccmcm immediately upon seven (7) days written notice to the Consultant. c_ Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing wort: performed, ;object to City accounting procedures. Payment neccl not be made for work, which fails to meet the standards of performance set forth in the Recitals, and Scope of Work, which may reasonably be expected by City. 3. 1 HI M phis Agreement shall commence on the date first written above and continue for two (2) ,years until I)ecemher 31, 202.1, unless terninated earlier in accordance with Section 15, below. The tens ol'this Agreement may be extended upon a writing executed by the City Manager and the City Attorney_ 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire Lean of this Agrecnrcnt, 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 Consultant perforns the services which are the subject matter orthis Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulatious governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unCmploymcnt insurance and similar taxes relating to employees and shall be responsible for all applicable wilhholding taxes. 5. TNSTIRANCF. Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below. it. Commercial General Liability (CGL): Insurance Services Oflicc Form CG 00 O1 covering. CGI, on an "occurrence" basis, including products and completed operations, property damage, bodily injuryandpersonal 8tadverlising injury with limits no less than Y;2,000,000 per Occurrence_ If general aggregate limit applies, either the general aggregate limit shall apply separately to this pro jcctlocanon (ISO CG 25 03 or 25 04) or the Micncral aggregate limit shall be twice the required Occurrence limit. City Council 20 — 23 6/15/2021 Pavc 2 of 10 Exhibit 2 b. AlttO11171111C Liability' Insurance Services Office Form Numher CA 0001 covering, Code I (any auto), or i f Instructor has no owned autos, Code 8 (hired) and 9 (non -owned), with [units no [erns than 51,000,000 per accident lurbodily injury and property damage. (Note — requited only ifauto is used in pertOrmance of W01k). c. Workers' Compensation: as required by the State of California, with Statutory Limits, and Fmployer'sLiabilmyTnsurance Willi lininohio less [hall x1,000,000peraccident Gorbodily injury or disease. d. Sexual Ahusc Or Molestation (SAM) Liability: If the CGL policy tetercnecd above is not endorsed to include affirmative coverage for sexual abuse or molestation, Consultant shall obtain acid maintain a policy covering Sexual Abuse and Molestation with a limit no less than $, 5j)(1),wo per occurrence or claim. e. If the COIBUltanl maintains broader coverage and/or higher limit; than the minimums shown above. the City of Santa Ana requires and shall be entitled to the broader cuvcral c and/or the higher limits maintained bV the Consultant. Any available hisur,3rtee proceeds in excess of the specified minimum limits of insurance and coverage steal he available to the City of Santa Ana. f. Othcr Tnsurancc. Provisions - The insurance policies arc to contain, or be endorsed to contain, the following provisions: 1. Additional hsured Status -the City of Santa Ana. its officers, Officials, employees, and volunteers arc to he covered as additional insured' on the CC T, and SAM policy Willi respect to liability arising out of work or operations petlonned by or on behal I' of the CUnaLdtant including materials, parts, or cquiptncnt funti_,hcd in cunncction with such work ur operations. General liability coverage cart be provided in the form ofan endorsement to the Consultant's insurance (at least as broad as ISO Form ( (r 20 10 11 85 or if nut available, through the addition of both CO 20 10, CG 20 26, CG 20 33, or CC i 20 34; and CO 20 37 i f a later edition is used). 2. Primary Coverage- For any claims related to this contract, the. Cuttsultalu's insurance coverage shall be primary coverage at least as broad as ISO CG 20 0104 13 as respects the City of Santa Ana, its officers, officials, employees, and volunteers. Ally insurance or self-insurance maintained by the City of Santa Ana, ik officers, official,, employees, ur volunteer; ;hall be exeeas of the Cunsultant'S insurance and shall not conts ibute with it. 3. Notice of Cancellation- Certificate of Insurance shall provide thirty (30) day prior written notice of cancellalion in a form approved by (he Ci(y. 4. Waiver of Subro ate- Consultant hereby grants to City of Santa Ana a waiver of an_y right to subrogation, which any insurer of said Consultant may acquire against the ,Entity b_v virtue of the payment of any loss under such insurance Consultant agrees to obtain any endorsement that may be necessary to affect this waver of subrogation, but this provision applies regardless of whether or not the Entity hat received a waiver of Subrogation endorement Born the insurer. 5. Sell'Insured Retentions- Sell -insured retentions moat be dcclarcd tv and approved by the City of Santa Arta. The City of Santa Ana may require the Consultant to purchase coverage wilh it lower retention or provide proofol'ability 10 pay losses Laid related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be cndotacd to provide, that the. ScII insured retention may be satisfied by either the riarned iltsured or the City of City Council 20 — 24 6/15/2021 Pagc 3 of 10 Exhibit 2 Santa Ana. �- Failure to provide or maintain insurance coverage as requiredby this Agreement is grounds to[ itnmaliate terminate of this Agreement. 6. INDEMNIFICATION COn51.1113111 agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liahility (I ) for personal injury, damages, just anrtpensation, restitution, judicial or equitable relief arising out orclainns for Personal injury, inducting death, and claims f'or property damage, which may arise from the negligent uperations of the Consultant ur its cuntiactors, subconuacwrs, agents, employees, ur other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, resfifulion, judicial or equitable relief is due by reason of the terms of or effects ansinu from this Agreennent- This inticnutity and hold harmless agreement applies to all claims tirrdantages, just compensation, restitution, judicial or equitable. relief suffered, or alleged to have been sullcred, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreennent l he Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs fin- Special counsel to be ;elected by the City, rc-arding any action by a third party challenging the validity of this A6rccment, or asserting, that personal injury, damages, just compensation, restinttion, judicial or equitable relict 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 Ibregoing, to the. cxtcnt Consultant's services arc subjceL ut Civil Codc Section 2782.8. the above indenutity shall be limited, to the extent raluired by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 7. INTELLEC:TUAi, PROPERTY iNDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any, and all liability, including costs, and luorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or docttntents provided by Consultant to the City pursuant to [his Agreement. 8. RECORDS Consultant shall keep records and invoices in connection with the work to he perlbmned under this Agrecnait. Consultant shall maintain ecnnplctc and accurate records with respect to the costs incurred under this Agrcenent and any services, expenditures, and di sbu rsemcnts charged to the City fora nininnun period of three (3) years, or I'or any longer period required by law, from the date of final payment to Consultant tinder this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a represctnativc of the City to examine, audit, and makee transcripts or copies of such records and any other doetnTlent3 created City Council 20 - 25 6/15/2021 Pavc 4 of 10 Exhibit 2 pursuant to this Agrccmcnt during regular husinc o, hours. Consultant ;hall allow inspection of all Mork, data, documents, proceedings, and activities related 10 this Agreement for a period of three (3) yeas Gam the date of final payment W Consultant under this Agreement. 9. CONFIDENTIALITY Tf CmrSultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proptictary, Consultant aprrch 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 hrfornation" shall include all nonpublic infornation. Confidential information includes nut only written infommation, but also intbrmatiun transferred orally, visually, electronically, ur by utIm mcans. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is Covered by this Agreement. The foregoing obligationS Ofnon-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 irr rightful pos,cssion of the Consultant without an Obligation of confidentiality; (d) iS raluired to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 10. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services. 11. 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 clash or certified mail, postage prepaid, ur sent by fax ur other telegraphic coutnnmication in the manner provided in this Section, to the following persons: 10 City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana. CA 92702-1988 Fax: 714- 647-6956 Executive Director Parks, Recreatiun & Community Services Agency Cily of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, CA 92702 City Council 20 — 26 6/15/2021 Pagc 5 of 10 Exhibit 2 I Cbnsullairt: Imagine Exhibitions, Inc. 2870 Peachtree Road ft 418 Atlanta, Gcorgia 30305 Email: dd UllUhlre([i�llll%r tll]eeX111111110n.`i.CCAm Attention: Tom Zaller_ CEO A party may change its address by giving notice in writing to the other party. Thereaiier, any communication shall be addressed and transmitted to the new address. If sent by mail, connntmicalio n shall be effective or deemed to have been viven three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed a5 sct furdu above_ if sent by tiax, communication shall bC effective or dccmud 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 Ittrth ;above. For purposes of caleulaling these time frames, weekends, federal, state, County or City holidays shall he excluded- U. EXCLUSIVITI' AND AMENDMENT This Agi-ecment represents the complete and exclusive statement between the City and COn5Ultamt regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties_ In the event of a Cunlliu between the term:; of this Agrecrnent and any attachments hereto, the terms of this Agreement shall prcvait. This Agrcement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant_ The parties agree that any terns or conditions of any purchase order or other inscruurent that are inConsistCnt with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the: City_ Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 13. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant play 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 linut the City's ability to have any of the services, which are the subject to this Agreement performed by City personnel or by other consult.mnts retaned by City. 14. WAIVER No waiver of breach, failure ufany 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 re,aiving the breach, failure, right or remedy_ No waiver of any breach, failure or right, nr rcnrcdy shall be dccmcd a waiver of any other breach, failure, right or rcnrcdy, whether or not similar, nor shall any m aiver Constitute. a continuing waiver Unless the Writing So specifics. City Council 20 — 27 6/15/2021 Pave 6 of 10 Exhibit 2 15. TLRM1NATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shaI I 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 aunpleted sS 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 apprupriatc. b. Pavmeut need not be made for work, which fails to meet the standard of performance specified in the Recitals of this Agreement_ 16. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, inedical conditions. genetic inlonnation. or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, Ill the reertlitnlletlt, selection, teaching, training, utilization, promotion, termination or other enrploynrent 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, stale and local laws and regulations_ 17. JURISDICTION -VENUE .I bis Agreement has been executed and delivered in file State orCali foil lia and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreernemt shall be determined and governed by the laws of the State of California. Both patties fiuther agree that Orange County, Cell ifornia, shall be the venue for any action or proceeding that may be brought or arise out of, in connection Willi or by reason of this Agreenrenl. Is. 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 trotted Stales, the Slate of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inabilily shall be cause for termination of this Agreement. City Council 20 — 28 6/15/2021 Pave 7 of 10 Exhibit 2 19. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective panics to cacti of the terms of this A€rectnent, and shall indemnity City fully, including reasonable costs and alrorney's fees, for any injuries or damages to City in the event that such authorily or power is not, in tact, 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 ofthis Agreement- e. This Agreement may be signed electronically and in counterparts- All signature pages, whether containing electronic sigrtanires or wct signanu'cs can be combined to create an orininal Aorcement. IN WITNESS WHEREOF, the. panics hcreu0 have CXCenucd this AgrcenICu the date and year first above. written. ATTEST: 1)aisy Gomez Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALITO City Auomey I ly: xaung- A. kee u Laura A. Rossini Chicf Assistant City Attomcy RECOMMENDED FOR APPROVAL /. � Lisa Rudloff Executive Director Parks, Rce-cation, & Community Services Agcncy CITY OF SANTA ANA Kristine Ride City Manager CONSULTANT By: Tom Laller Title CEo City Council 20-29 Panc 9 of 10 6/15/2021 Exhibit 2 YXITIBIT A SCOPE OF SERVICES City Council 20 — 30 6/15/2021 Pauc 9 of 10 Exhibit 2 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SHORT-TERM SPECIAL YOUTH EXHIBITS AT THE SANTA ANA ZOO RFP NO.: 20-104 BACKGROUND AND INTRODUCTION: Santa Ana Zoo: The Santa Ana Zoo at Prentice Park's mission is: The Santa Ana Zoo, through furi, adventure, and learning, empowers the community to save wildlife and wild spaces. The Zoo first opened in 1952 on land donated to the City of Santa Ana by a local businessman, Joseph Edward Prentice. His conditions on the grant deed stated the land must always be a city park, the park be named Prentice Park, and the city maintain a zoo with ample accommodations for at least 50 monkeys. The Zoo is owned and operated by the City of Santa Ana and receives additional financial support from the zoo society, Friends of Santa Ana Zoo, a private 501(c)3 non-profit entity. The Zoo is open to the public 10:00 AM to 5:00 PM seven days a week, 362 days a year, and averages 250,000 visitors yearly. In 2018, a new Master Plan and Strategic Plan for the Santa Ana Zoo including the development of new exhibits and experiences for zoo guests was adopted. Strategic goals include enhancing the zoo by continually delivering high -quality improvements to the guest experience, better connecting to our local community, and consistently providing new experience enhancements or attractions for new visitors and diverse audiences. Studies show that experiential education (learning through play, shared and first-hand experiences) is vital to science education and creating life-long connections to the natural world. Short -Term Special Exhibits: The Zoo is seeking one or more PROPOSERS to provide one or more Short -Term Special Exhibits. I he contracted PROPOSER(S) will provide a turn -key exhibit that is family -friendly, educational, animal and/or non -animal themed. PROPOSERS'S OBLIGATIONS: 1. The CITY seeks an independent contractor who will provide and operate one or more unique special exhibits. The exhibits are anticipated to run during the Spring/Summer season (approximately March — July) of years 2021, 2022, 2023. 1.1. The specific exhibit run is subject to negotiation depending on the needs of the CITY and availability of the exhibit. The exhibit will be physically located at 1801 E. Chestnut Ave. Santa Ana, CA 92701 1.2. The exhibit will be located outdoors and any necessary accommodations for inclement weather (i.e. shade structures or tents) need to be detailed in the proposal. f i+, f ni inril '7r1 — Z9 F,/1 r-,/7f171 City of Santa Ana RFP 20-104 Page 12 Exhibit 2 1.3. The PROPOSER will ensure the exhibit envelope is fully ADA accessible. 1.4. PROPOSER will provide public access to the exhibit during normal Zoo operating hours; - - 10:00am — 5.00pm -- seven days a week. Staffing levels and hours of operation will be approved by the Zoo Manager. The PROPOSER may need to provide additional access for special events or promotions. 1.5. Exhibit access will be included in zoo admission, no fees are to be charged for special exhibit access. Fees may be charged for experience up -sells, such as animal food. Fee waivers may be provided for certain groups at request of the CITY and this is negotiable. 1.6. PROPOSER will provide exhibit layout information for one or more of the designated areas on the included map. Exhibit may be located entirely in one location, or spread out to multiple locations depending on the nature of the exhibit. 1.7. All services shall be performed in the highest professional manner, and in accordance with the current industry standards. Unless the means or methods of performing a task are specified elsewhere by the CITY, PROPOSER shall employ methods that are generally accepted and used by the museum industry. r:f01111W00011 err 2.1. PROPOSER shall be responsible for the transportation, set-up, maintenance, security, and break down of the exhibit(s). All barriers and portable displays including signboards and signage are the responsibility of the PROPOSER. Placement and appropriateness of items will be determined by the Zoo Manager. 2.2. CITY will provide access to the exhibit area from 8:00am — 6:00pm as requested for exhibit set-up, maintenance, and break down. Dates and times to be scheduled between PROPOSER and CITY. 2.3. All materials used must be flame retardant. Items cannot be attached to Zoo buildings or structures (inside or outside) without prior approval by the Zoo Manager. 2.4. PROPOSER will provide own vehicle for the transportation of equipment and supplies. The CITY must approve vehicle and it must meet all requirements of the State of California, Department of Motor Vehicles and maintain adequate insurance. 2.5. PROPOSER will provide any advertising, marketing, educational and other print materials and graphics as part of the proposal. Such materials accompanying the exhibit must be approved by the Zoo Manager prior to public distribution. 2.6. Fees for Sale of Animal Food: Operator shall be allowed to establish fees for sale of animal food if applicable to the exhibit type. These fees shall be subject to the approval of the City, Parks, Recreation and Community Services Executive Director and listed in the City's Resolution of fees which is published with the annual budget. Any change in the fee structure will only be permitted with the prior written approval of the Executive Director and in comoliance with anv aoolicable law. City of Santa Ana RFP 20-104 Page 13 Exhibit 2 2.7. Any live animals that are part of the exhibit (such as butterflies) must remain secured within the exhibit at all times. Any permits, transportation, acquisition, veterinary care, etc. for such animals is the full responsibility of the PROPOSER. 2.7.1. Exhibits with regulated live animals (ectotherms) must have double -door containment and fully comply with any USDA APHIS and local requirements. 2.7.2. Exhibits with live animals must have handwashing areas provided by the PROPOSER unless they're already nearby (within 30'). MarAmrral rr126 3.1. Any equipment brought on site by the PROPOSER must have prior written approval from the CITY. The PROPOSER shall repair and maintain at its expense any damage, including maintenance or repair necessitated by ordinary wear and tear. Equipment necessary to the proper function of the operation that cannot be repaired shall be replaced by the PROPOSER. The replacement or addition of equipment will first be discussed with the CITY to determine the responsibility of cost and feasibility of location. 3.2. PROPOSER agrees to maintain designated exhibit areas. If the CITY staff must clean the exhibit areas after the PROPOSER has been the sole user of said areas, PROPOSER will be charged at rate of $50per labor hour. Alternatively, the PROPOSER may establish a maintenance program with the CITY and necessary training. 3.3. PROPOSER is responsible for the coordination and supervision of all subcontractors. 3.4. The CITY will maintain the water, natural gas, electrical, and sewer lines except in cases where the PROPOSER'S direct negligence causes major maintenance repair expense. Should the PROPOSER require additional utility capacity and/or outlets beyond those existing and available, the cost of such installation and hookups will be at the PROPOSER'S expense after required CITY approval. Utility access may be limited in some potential exhibit locations. 3.5. 1 tie location of the exhibit must be documented with photos before set up, and the area returned to the same condition after removal of the exhibit. If the exhibit is held on a turf area, the turf must be restored to original condition afterwards. 4. TRAINING AND STAFF 4.1. PROPOSER is responsible for staffing stand-alone exhibits, including guest access control and instruction, animal food distribution (when applicable), and daily exhibit opening and closing. PROPOSER shall maintain a current employee manual that addresses operational procedures and on -going training in providing efficient and effective service to customers. Copies shall be readily available for review by CITY staff. 4.2. PROPOSER is encouraged to include opportunities for local youth volunteers and paid youth interns to contribute to exhibit staffing. Paid internships and volunteer opportunities f i+ � f ni inril '7n - ZZ R/1 ri/71171 City of Santa Ana RFP 20-104 Page 14 Exhibit 2 shall be coordinated with the Zoo Education Department to best serve the Santa Ana community. At no time may the exhibit be staffed solely by volunteers. 4.3. The CITY shall have the right to recommend the discharge of any Exhibit employee for, but not limited to, the following reasons: 4.3.1. Theft and/or vandalism. 4.3.2. Sexual harassment. 4.3.3. Use of abusive or profane language. 4.3.4. Substance and/or alcohol abuse. 4.3.5. For any other conduct deemed by the CITY to be contrary to the best interests of the CITY. 4.4.In lieu of staffing the exhibit, the PROPOSER may provide for consideration by the CITY a standard operating procedure for the CITY to staff tho exhibit. 5. SPECIAL CONSIDERATIONS AT A ZOO FACILITY 5.1. Unless approval has been granted by the Zoo Manager or their designate, Contractors, Subcontractors, and their employees are not allowed- 5.1.1. To enter any paddock, holding cage, or other enclosure in which an animal of any kind is housed. 5.1.2. To attempt at any time or in any circumstance, to touch, handle, or otherwise manipulate any animal. 5.1.3. To cross safety barriers or enter non-public areas. 5.1.4. To remain on zoo grounds after violating these rules. Anyone who fails to comply with the above instructions will be considered in breach of their contract, and escorted from Zoo property. f i+ � f n„nril '7n - Zd R/1 ri/71171 City of Santa Ana RFP 20-104 Page 15 Exhibit 2 Santa Ana Zoo Temporary Exhibit Possible locations f i+ f niinril 2 -ZG. R/1 ri/71171 City of Santa Ana RFP 20-104 Page 16 Exhibit 2 A: Open Space, Appro x.4,000 Sq Ft C: Sazoo Rental Area Approx. 4,000 Sq Ft E: Outpost Rental Area Approx. 1,600 Sq Ft B: Zoo Office, Approx. 2,000 Sq Ft D: Anteater Rental Area Approx. 3,000 Sq Ft F: Amphitheater Rental Area Approx. 17,000 Sq Ft f i+ f ni inril '7(1 - ZG{ RI I /1 ri/71171 City of Santa Ana RFP 20-104 Page 17 Exhibit 2 EXIIIB>T» FEES AND COMPENSATION City Council 20 — 37 6/15/2021 Pagc 10 of 10 Exhibit 2 IA)II('A i l I IIPJ I i;tt.i A.] f"' ILN IA(it t A I,N FEE PROPOSAL Fee The fees for the exhibitions we are proposing are below. These prices include the costs of our installation team as well as shipping. These prices do not include the local labor, machinery and other items shown an the Technical Riders that the Santa Ana Zoo must provide. The length of time for hosting can be flexible; it can easily be a 3 month rental, 5 month, etc. Contact us for exact prices for those time frames. If you decide to rent multiple exhibitions, a discount will be given on all of the exhibitions rented. Dinosaurs Around the World, 13 dinosaurs 4 month rental• $185,000 6 month rental: 5235,000 Dinosaurs Around the World, 20 dinosaurs 4 month rental: $240,000 Nature Connects 4 month rental: $150,000 6 month rental: $240,000 Nature POP! 4 month rental: $175,000 6 month rental: $240,000 City Council www.i eEaI i Q.- 6/15l2021 1=m i111 [1 K3 AGREEMENT TO PROVIDE 'TEMPORARY EXHIBITS FOR THE SANTA ANA ZOO THIS AGREEMENT is made and crucrcd into Chia 15th day of Juuc, 2021, by and between Kraig Anderson doing business as Spineless Wonders ("Consultant'), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Consti[ill loll and Taws ofthe Stale ofCalilonria RECITALS A. A. in October of 2020, the City issued Tiequest for Proposal (`TZFP") No. 20-104, by wfiiCh it soughl Consultants fin- temporary special exhibits as needed for the Santa Ana Zoo. B. Consultant submitted a responsive proposal dated November 12, 2020 and was among those companies selected by the City to be awarded an Agreement. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 20-104 and atraclrcd as Exhibit A. 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 beperlormed in compliance with such standards as may reasonably be expected li-om a prolcssional Consulting firm in the licld. NOW IHERL:FORC, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follow,, - SCOPE OF SERVICES a. Oil an as -needed basis, and at the sole discretion of City, Consultant shall provide seasonal bulterljy exhibil(s) for use at the Santa Ana Zoo pursuant w the parameters described in Exhibit A- The exhibits are anticipated ur run during the Spring and Summer season (approximately March —.July of 2021, 2022, and 2023 but subject to negotiation). b. kt'hen the need for services arise, City may initiate services though use of.) letter agreement which will set forth the specific details as to the special temporary exhibit selected by the City including but not limited to set up, take down, location, and mainlCnance, CXCCutCd by the EXCCUM c Director of the Parks, Recreation, and Community Services Agency and the Consultant. c. Work by the Consultant may not proceed absent a previously engaged or fully executed consultanl agreement and letter agreement fora specific projecl- 2. COMPENSATION a. City neither warrants nor guarantees any ninim rurr or maxintrun compensation to CUnSLtltarlt under this Agreement. Consultant shall be paid only for acutal services performed under this Agreement and pursuant to the fees and charges sel forth in Exhibit B. City Council 20 — 39 6/15/2021 Pagc 1 of 1 1 1=M i111 [1 K3 Consultant is one of four Consultants selected to provide temporary exhibits for the Santa Ana Too on an as needed basis under RFQ No. 20-104. The total compensation for services provided by all COrrnnlLinti :,elected under RFQ No_ 20-104 is not to exceed seven hundred and tatty thousand dollars (S750,000.00) during the term of the Agreement, including any extension periods. b. This Agreement is contingent upon funding. In the event that funding is not allocated or is reduced to a level that will not support use of the special temporary exhibits. the City may terminate this Agreement immediately upon ;even (7) days written notice to the Consultant. c. Payment by City shall be made within forty -live (45) days I61lowing receipt of proper invoice evidencing wort: performed, subject to City accounting procedures_ Payment need not be made tot- work, which fails to nicer the standards of performance set forth in the Recitals, and Scope of Work, which ntay reasonably be expected by City. 3. TTRM This Aerccmcnt shall commence on the date first written above and continuo for two (2) years until December 31, 2023, unless terminated earlier in accordance with Section 15, below. The tens of this Agreement may be extended upon a "riling executed by the City Manager and the City Attorney_ 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire teen of this Agreement, be consuued to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be coustrual to create an employer-cmploycc rclatiouship, a joint veunre relaticntship, of to allow the City to exercise discretion or control over the protessional manner in which Consultant perlorms the services which are the subject maller of this Agreement; however, the services to be provided by Consuhant shall beprovided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employers social security taxes, unemployment insurance and similar taxes relating to employees and shall be respnnsihle for all applicable withholding taxes. 5. INSURANCE Prior to uodcrtaking performance of work- under this Agreement, Consultant steal I maintain and shall require its subcontractors, ifany, to oblain and maintain insurance as described below: a. Commercial Cicncral Liability (CGL)_ insurance Services Otfiec Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property City Council 20 — 40 6/15/2021 Pagc 2 of 1 1 1=M11 11[1 K3 damage, bodily iniury andpersonal c& advertising injury with limits no Icss than $2,000,000 per occurrence. TI'a general aggregate limit applies, either the general aggregate limit shall apply :,eparatcly to this prgject/location (ISO CG 25 03 or 25 04) or the general agtnegalc limit shall be twice the rcquireil occurrence limit. b. Automobile 11ability: Insurance Services Office horns Number CA 0001 covering, Code 1 (any auto), or ifhaslruclor has no owned autos, Code R (hired) and 9 (non -owned), with limits no Icss than S I,000,000 per accident for bodily injury and property damage. (Note — required only if auto is used in performancee of work). c. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Tnsw-ance with limit of nil less than S 1,000,000 per accident for bodi ly injury or disease. d. Sexual Abuse or Molestation (SAM) Liability: If the CGL policy referenced above is not endorsed to include affirmative coverage fat sexual abuse or molestation, Consultant shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less Ilion $5.000,000 per occurrence or claim. e. If the (,OlaNtdtant maintains broader coverage and/or higher limits than the m irmILIns shown above, the City of Santa Ana requires and shall be crriidcd to the broader coverage. and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Ana. f. Other hisurance Provisions - The insurance policies are to contain, or be endorsed to contain, Lhc lullowing provisions: I. Additional Insured Status -The Cityot Santa Ana, its officers, officials, cmployces. and volunteer, are to be coverers as additional insureds on(lie C( t,andSAMpolicy with respect to liability arising out ofwork or operations performed by or on behalf of the Consultant including materials, parts, or equipnn:ni furnished in connection with such "Ork or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 KS or if not available, through the addition of both CCi 20 10, C(; 20 26, CG 20 33, or CG 20 38-, and CG 20 37 if a hoer edition is used). 2. Primary Coverage- For any claims related to this contract, the Consultant'S insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Santa Ana, its officers, otficials, cmployces, and volunleers. Any insurance or sell -insurance maintained by the City of Sanla Ana, its officers, officials, cmployces, or voluntccrN shall be excess of the C,onSnitam's insurance and shall not contribute with it. 3. Nolice of Cancellation- Certilicate of lnsurance shall provide thirty (30) day prior written notice of cancellation in a form approved by the City. 4. Waiver of Subrogalion- Consultant hereby grants to City of Santa Ana a waiter of any right to Subrogation, which any insurer ol'Said COMLIltalat may acquire against the Entity by vittuc of the payment of any loss undo such insurance. Cotvultant agrees to obtain any endorsement that stay be necessary to affect this waiver of subrogation, bill Ibis provision applies regardless of whether or not the Fritily has received a waiver of subrogation endorsement from the insurer. 5. Sclf-Tnsurcd Retentions- Sclf-insttreel retentions nmsi be declared to and approved by the City of Santa Ana. The City of Santa Ana may require the Consultant 10 City Council 20 — 41 6/15/2021 Pagc 3 of 1 1 1=m i111 [1 K3 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- The policy language shall provide, or be endorsed to provide, that the sclt=insured retention may be satisfied by either the named insured of the City of Santa Ana. g- FadurC to provide or maintain insurance coverage as required by this Agrecrucnt is grounds for immediatee terminate of this Agreement. 6. INDEMNIFICATION Consultant agrees to defend, and shall indemnify, and hold harmless the City, its officers, arenls, employees, consultants, special counsel, and representatives tiom liability: (1) tar personal injury, dannnges, just compensation, restitution, judicial or equitable reliefarising out of claims for personal injury, including dealh, and claims for properly domage, which play arise from the negligent operations of the Consultant or its contractors, subcontractors, agents, employees, m- other persons acting on their behalf which relates to the services described in scetion I of this Agreement; and (2) from any claim that personal injury, damages, just compcahsation, restitution. judicial fir equitable relief is due by reason of the terns of or effects arising from this Agreement. This indemnity and hold han» less agreement applies to all clainns for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the cvcuts referred to in this Suction or by reason oh the tctrns of or cClccts, arising from this Agreement. The Consultant further agrees to indemnify, hold lnarn11CSS, and pny nll costs forthc defense of the City, including 1'ees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreenent, or asserting that personal injury, darnagcs,just compensation, restimtion, jttdicial or equitablc relief duo 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 mdemmity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 7. INTELLECTUAL PROPEK7'Y INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, represematives, and employees against airy and all liability, including costs, and auorney's fees, for infi ingennent of any ilnited States' letters patent, trademark, or copyright Combined in the work product or exhibits provided by CO1nSnitant to the City pursuant ro this Agreennent. S. RECORDS Consultant shall keep records and invoices in connection with the wort: to be performed tender this Agreement- Consultant Shall maintain anlrplete and acctu-ale records with respect to trc costs incurred under this Agreement and any services, expcndimres, arid disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by City Council 20 — 42 6/15/2021 Page 4 of 1 1 law, from the date of final payrrrent to Consultant undo this' Agreement_ All such records and invoices shall be clearly identifiable_ Consultant shall allow a representative ol' the City to examine, audit, and make transcripts or copies of Such records and any other documents crcalcd pursuant fir this Agreement during regular business hours. Consultant shall allow inspection of 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. 9. CONFIDENTIALITY If Consultant receive, from the City information which clue to the nature of such infonnnation is reasonably understood to be confidential and/or proprietary, Corr,ultanl agrees that it shall not use or disclose Such information except in the performance oh thi, Agreement, and ftrrther agrees to exercise the same degice of case it uses to protect its own information of like importance, but in no event Tess than reasonable care. "Confidential Information" shall include all nonpublic information. Confidenlial informalion includes not only written information, bill also information transferred orally, visually, electronically, or by other means_ Confidential information diseloscd to either party by any subsidiary and/or agent of thec other party is urvered 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 rightfrrl possession of the Consultant without am obligation ol'conlideimality; (d) is required to be disclosed by operation of law, or (e) is independently developed by the Consultant without rcluuicc to inl'orinatiun disclosed by the City. 10, CONFLICT OF IN`I'FRESU CLAUSE, Consultant covenants that it presently has no interest acid shall not have interests, direct or indirect, which would conflict in an_y manner with performance of services. 11. NOTICE Any notice, tender, clenland, 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 nailed by first class or certified nail, postage prepaid, or sent by fax or oilier telegrapliic conmmunicalion in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 I;ax: 714- 647-6956 City Council 20 — 43 6/15/2021 Pagc 5 of 11 =Fq 1111INK] To Consultant: Fxccutivc Director Parks, Recreation & Community Services Agency City of Santa Ana 20 Civic Center Plaza (M-'_'3) 11.0. Box 1988 Santa Ana, CA 92702 Spineless Wonders 12160 Scandia Trail North Scandia, Minnesota 55073 Email: lcrai t(it).;ninele;;wonder;.eoni Attention: Kraig Anderson, Owner A party may change its address by giving notice in writing to the other party. Thereaner, any communication shall be addressed and transmitted to the new address_ if sent by mail, coulrnitnication 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) heurS after the time set forth on the transmission report issued by the hansrnilling facsimile machine, addressed as set lorth above_ For purposes of rdculdting these time li-antes, weekends, Icda-al, state, County or City holidays shall be exdudcd. 12. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a contlict between the terms of this Agreement and any attaclunents 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 arc inconsistent with, or in addition to, the tet'ilis and condttrots llet'eUt, Shall not hind or obligate Consultant or the City. Bach 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 arc not embodied he cin_ 13. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, COtrsullant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, uanstcr, dcicration or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agr'ecntent ,hall 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 amsuhants retained by City. City Council 20 — 44 6/15/2021 Page 6 of 1 1 =Fq 1111INK] 14. WAIVER No waiver of breach_ lailurc of any condition, or any tight or rc.rnccly contained in or granted by the provisions of this Agreement shall be effective utiless 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 he deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waives- constitute a continuing waiver unless the writing so specifics. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) clays uTiuen notice of tennination. In such event. Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services perturtncd 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 conhpleted as of such date, and in such case, such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for wotk, which fails to meet the standard of performance specified in the Recitals of this Agreement. 16, NON-DISCRIMINATION Consultant shall not discrintinatc bce3tl3e of race, color, creed, religion, scx, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, a, defined and prohibited by applicable law, in the recruiulien t, selection, teaching, u-aining, utilization, promotion, termination or other enhployment 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. 17. JtIRISDIC'1'ION-VI?NtJb; 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 he determined and governed by the laws of the State or C:alifomia. Moth parties further agree that Orange County- Calilornia, shall be the venue for any action or proceeding that may he brought Or arise Out Of, in connection with or by ic&;on 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 ithc services hcreu der City Council 20 — 45 6/15/2021 Pagc 7 of 1 1 =Fq 1111INK] and required by the laws and regulations of the united States, the State of California, the City of Sauna Ana and all other governmental agencies_ Consultant shall nosily the City fi nnediately and in writing of its inability to obtain or maintain such pcnnits, liccntics, approvals, waivers, and exemptions. Said inability shall be cause for tcranittation of this Agreement. 19, MISCELLANEOUS PROVISIONS I . Each undersigned represents and warrants that its signarure herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and ;hall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that Such authorily or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits retcrcneed herein and attached hereto shall be incorporated as iftully set forth in the body of this Agreement. C. This Agreement may be signed cicetronically and in countctparts. All signaturc. pages, whether containing electronic signatures or wet signatures can be combined to create tm original Agreement. IN WITNESS WHEREOF, the parties hectu have cxecutedl this Agrcencut the date and year lust above written. ATTFS'I : Dai y Gomez Clerk of the Council APPROVED AS TO FORM SC,NIA R. CARVALHO City Attorney By: X,-"L,-t. A R Laura A. Rossini Chief Assistanl. Cil.y Attorney [Signatures continue on the next page] CITY OF SAN'I A ANA Kristine Ridge City Mananer CONSULTANT By: I raig Anderson 'I ille: Owner City Council Pagc 9 of 1 1 6/15/2021 =M i1 17 [IIKI RT(.'OMMENI)ED FOR APPROVAL LisaTLudlorr EXCIILIYc Director Parks, Recreation, & Community Services Agerrcy City Council 20 — 47 6/15/2021 Pavc 9 of 1 1 =M i111 [IIKI EXHIBIT A SCOPE OF SERVICES City Council 20 — 48 6/15/2021 Pagc 10 o I' 1 I 1 =11'7 i111 [1 K] Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SHORT-TERM SPECIAL YOUTH EXHIBITS AT THE SANTA ANA ZOO RFP NO.: 20-104 BACKGROUND AND INTRODUCTION: Santa Ana Zoo: The Santa Ana Zoo at Prentice Park's mission is: The Santa Ana Zoo, through fun, adventure, and learning, empowers the community to save wildlife and wild spaces. The Zoo first opened in 1952 on land donated to the City of Santa Ana by a local businessman, Joseph Edward Prentice. His conditions on the grant deed stated the land must always be a city park, the park be named Prentice Park, and the city maintain a zoo with ample accommodations for at least 50 monkeys. The Zoo is owned and operated by the City of Santa Ana and receives additional financial support from the zoo society, Friends of Santa Ana Zoo, a private 501(c)3 non-profit entity. The Zoo is open to the public 10:00 AM to 5:00 PM seven days a week, 362 days a year, and averages 250,000 visitors yearly. In 2018, a new Master Plan and Strategic Plan for the Santa Ana Zoo including the development of new exhibits and experiences for zoo guests was adopted. Strategic goals include enhancing the zoo by continually delivering high -quality improvements to the guest experience, better connecting to our local community, and consistently providing new experience enhancements or attractions for new visitors and diverse audiences. Studies show that experiential education (learning through play, shared and first-hand experiences) is vital to science education and creating life-long connections to the natural world. Short -Term Special Exhibits: The Zoo is seeking one or more PROPOSERS to provide one or more Short -Term Special Exhibits. The contracted PROPOSER(S) will provide a turn -key exhibit that is family -friendly, educational, animal and/or non -animal themed. PROPOSERS'S OBLIGATIONS: 1. The CITY seeks an independent contractor who will provide and operate one or more unique special exhibits. The exhibits are anticipated to run during the Spring/Summer season (approximately March — July) of years 2021, 2022, 2023. 1.1. The specific exhibit run is subject to negotiation depending on the needs of the CITY and availability of the exhibit. The exhibit will be physically located at 1801 E. Chestnut Ave. Santa Ana, CA 92701 1.2. The exhibit will be located outdoors and any necessary accommodations for inclement weather (i.e. shade structures or tents) need to be detailed in the proposal. City of Santa Ana RFP 20-104 Page 12 1 =11'7 i111 [1 K] 1.3. The PROPOSER will ensure the exhibit envelope is fully ADA accessible. 1.4. PROPOSER will provide public access to the exhibit during normal Zoo operating hours; - - 10:00am — 5'OOpm -- seven days a week. Staffing levels and hours of operation will be approved by the Zoo Manager. The PROPOSER may need to provide additional access for special events or promotions. 1.5. Exhibit access will be included in zoo admission, no fees are to be charged for special exhibit access. Fees may be charged for experience up -sells, such as animal food. Fee waivers may be provided for certain groups at request of the CITY and this is negotiable. 1.6. PROPOSER will provide exhibit layout information for one or more of the designated areas on the included map. Exhibit may be located entirely in one location, or spread out to multiple locations depending on the nature of the exhibit. 1.7. All services shall be performed in the highest professional manner, and in accordance with the current industry standards. Unless the means or methods of performing a task are specified elsewhere by the CITY, PROPOSER shall employ methods that are generally accepted and used by the museum industry. 111001aWa:11:11111111 2.1. PROPOSER shall be responsible for the transportation, set-up, maintenance, security, and break down of the exhibit(s). All barriers and portable displays including signboards and signage are the responsibility of the PROPOSER. Placement and appropriateness of items will be determined by the Zoo Manager. 2.2. CITY will provide access to the exhibit area from 8:00am — 6:00pm as requested for exhibit set-up, maintenance, and break down. Dates and times to be scheduled between PROPOSER and CITY. 2.3. All materials used must be flame retardant. Items cannot be attached to Zoo buildings or structures (inside or outside) without prior approval by the Zoo Manager. 2.4. PROPOSER will provide own vehicle for the transportation of equipment and supplies. The CITY must approve vehicle and it must meet all requirements of the State of California, Department of Motor Vehicles and maintain adequate insurance. 2.5. PROPOSER will provide any advertising, marketing, educational and other print materials and graphics as part of the proposal. Such materials accompanying the exhibit must be approved by the Zoo Manager prior to public distribution. 2.6. Fees for Sale of Animal Food: Operator shall be allowed to establish fees for sale of animal food if applicable to the exhibit type. These fees shall be subject to the approval of the City, Parks, Recreation and Community Services Executive Director and listed in the City's Resolution of fees which is published with the annual budget. Any change in the fec structure will only be permitted with the prior written approval of the Executive Director and in comoliance with anv aoplicable law. City of Santa Ana RFP 20-104 Page 13 1 =11'7 i111 [1 K] 2.7. Any live animals that are part of the exhibit (such as butterflies) must remain secured within the exhibit at all times. Any permits, transportation, acquisition, veterinary care, etc. for such animals is the full responsibility of the PROPOSER. 2.7.1. Exhibits with regulated live animals (ectotherms) must have double -door containment and fully comply with any USDA APHIS and local requirements. 2.7.2. Exhibits with live animals must have handwashing areas provided by the PROPOSER unless they're already nearby (within 30'). MaMAmrrMna'r8111F_nf.1y_09111IN1MW 3.1. Any equipment brought on site by the PROPOSER must have prior written approval from the CITY. The PROPOSER shall repair and maintain at its expense any damage, including maintenance or repair necessitated by ordinary wear and tear. Equipment necessary to the proper function of the operation that cannot be repaired shall be replaced by the PROPOSER. The replacement or addition of equipment will first be discussed with the CITY to determine the responsibility of cost and feasibility of location. 3.2. PROPOSER agrees to maintain designated exhibit areas. If the CITY staff must clean the exhibit areas after the PROPOSER has been the sole user of said areas, PROPOSER will be charged at rate of $50per labor hour. Alternatively, the PROPOSER may establish a maintenance program with the CITY and necessary training. 3.3. PROPOSER is responsible for the coordination and supervision of all subcontractors- 3-4- The CITY will maintain the water, natural gas, electrical, and sewer lines except in cases where the PROPOSER'S direct negligence causes major maintenance repair expense. Should the PROPOSER require additional utility capacity and/or outlets beyond those existing and available, the cost of such installation and hookups will be at the PROPOSER'S expense after required CITY approval. Utility access may be limited in some potential exhibit locations. 3.5. The location of the exhibit must be documented with photos before set up, and the area returned to the same condition after removal of the exhibit. If the exhibit is held on a turf area, the turf must be restored to original condition afterwards. 4. TRAINING AND STAFF 4.1. PROPOSER is responsible for staffing stand-alone exhibits, including guest access control and instruction, animal food distribution (when applicable), and daily exhibit opening and closing. PROPOSER shall maintain a current employee manual that addresses operational procedures and on -going training in providing efficient and effective service to customers. Copies shall be readily available for review by CITY staff. 4.2. PROPOSER is encouraged to include opportunities for local youth volunteers and paid youth interns to contribute to exhibit staffing. Paid internships and volunteer opportunities City of Santa Ana RFP 20-104 Page 14 1 =11'7 i111 [1 K] shall be coordinated with the Zoo Education Department to best serve the Santa Ana community. At no time may the exhibit be staffed solely by volunteers. 4.3. The CITY shall have the right to recommend the discharge of any Exhibit employee for, but not limited to, the following reasons' 4.3.1. Theft and/or vandalism. 4.3.2. Sexual harassment. 4.3.3. Use of abusive or profane language. 4.3.4. Substance arid/or alcohol abuse. 4.3.5. For any other conduct deemed by the CITY to be contrary to the best interests of the CITY. 4.4.In lieu of staffing the exhibit, the PROPOSER may provide for consideration by the CITY a standard operating procedure for the CITY to staff the exhibit. 5. SPECIAL CONSIDERATIONS AT A ZOO FACILITY 5.1. Unless approval has been granted by the Zoo Manager or their designate, Contractors, Subcontractors, and their employees are not allowed- 5.1.1. To enter any paddock, holding cage, or other enclosure in which an animal of any kind is housed. 5.1.2. To attempt at any time or in any circumstance, to touch, handle, or otherwise manipulate any animal. 5.1.3. To cross safety barriers or enter non-public areas. 5.1.4. To remain on zoo grounds after violating these rules. Anyone who fails to comply with the above instructions will be considered in breach of their contract, and escorted from Zoo property. City of Santa Ana RFP 20-104 Page 15 =M i111MIIKI Santa Ana Zoo Temporary Exhibit Possible Locations City of Santa Ana RFP 20-104 Page 16 =M i111 [IIKI A: Open Space, Approx.4,DG0 Sq Ft C: Sazoo Rental Area Approx. 4,006 Sq Ft E: Outpost Rental Area Approx. 1,606 Sq Ft B: Zoo Office, Approx. 2,666 Sq Ft D: Anteater Rental Area Approx. 3,006 Sq Ft F: Amphitheater Rental Area Approx. 17,066 Sq Ft City of Santa Ana RFP 20-104 Page 17 1=M i111 [1 K3 EXHIBIT B FEES AND COMPENSATION City Council 20 — 55 6/15/2021 Pagc 1 1 o I' 1 1 Exhibit 3 FEE PROPOSAL SAZ would agree to pay SW the surn of $242,000.00 in complete and full payment for the services to be performed as noted in SERVICE PERFORMANCE AND SCHEDULE. • One Year — Butterflies - $242,000.00 — o Structure, install, 17 weeks butterfly pupae supply (additional pupae shipments available at $1,374.00 per week), plants, hardscape, hard packed "gravel" pathways, pupae emrgence room (upgrade can be done at actual cost of upgrade [concrete, etc]) and all other attributes. Please see SERVICE PERFORMANCE AND SCHEDULE for more details. Schedule of payments will be determined in contract by and between SW and SAZ. City Council 20 — 56 6/15/2021 12 Human Resources Department https://www.santa-ana.org/hr Item # 21 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report June 15, 2021 TOPIC: Agreement with Governmentjobs.com Inc. dba NEOGOV for Online Onboarding and Performance Evaluation Services AGENDA TITLE: Approve an Agreement with Govern mentjobs.com Inc. dba NEOGOV for online onboarding and performance evaluation services. RECOMMENDED ACTION Authorize the City Manager to execute a two-year agreement with NEOGOV for online Onboard and Perform services for the period of July 1, 2021 through June 30, 2023 in the amount of $85,709.19, with provisions for two (2) one-year renewals, which, if exercised would not exceed a total of $188,161.47, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION Over the last several years, the City has partnered with NEOGOV to provide online recruitment software and services through its Insight module and new employee onboarding through its Onboard platform. On July 5, 2017, the City entered into a three-year agreement with NEOGOV for its Onboard platform, which included an option for two (2) one-year renewals (Agreement #2017-162). On July 1, 2020, the City exercised its first extension (Agreement #2017- 162-01). Staff recommends entering into a new agreement with NEOGOV to continue using the Onboard platform. Onboard allows candidates to transition from applicant to employee, complete required new hire forms online, and provide information on benefits enrollment. Furthermore, the proposed agreement with NEOGOV also includes their Perform platform services. Perform integrates with the existing NEOGOV platforms, and will allow the City to process employee performance evaluations electronically with automatic notification to managers. It is the intent to eliminate the manual, paper -laden process currently in place. In order to evaluate potential options and best practices, the City assessed information gleaned from Human Resources departments from five other municipalities. Following City Council 21 —1 6/15/2021 Agreement with Governmentjobs.com Inc. dba NEOGOV June 15, 2021 Page 2 the review of options, staff recommends selecting NEOGOV Perform based on a number of factors including references provided by other agencies and required system functionality and capabilities. In addition, NEOGOV Perform was found to be a more robust system for managing performance appraisal that integrates with the City's existing business system of record for personnel and compensation data. Adding the Onboard and Perform platforms with the existing Insight module will promote efficiency, automation, and create a more comprehensive online process. FISCAL IMPACT The Agreement is for a two-year period from July 1, 2021 to June 30, 2023 for an amount not to exceed $85,709.19, with two (2) one-year options for renewal. If all options are exercised, the Agreement would last four (4) years for a total aggregate of $188,161.47. The first year of the agreement is $9,484.57 less than the second year as a result of a 50% reduction in the license fee (as a promotion offered by NEOGOV). The second year of the Agreement reflects the full Perform license amount. The optional third and fourth year renewal options shall not increase more than 5% from the previous year. $38,112.31 has been budgeted for FY 2021-22 and future years will be budgeted accordingly in the Human Resources Contract Services- Professional account (01109050-62300) as follows: FISCAL ACCOUNTING FUND ACCOUNTING UNIT, TOTAL YEAR UNIT — DESCRIPTION ACCOUNT AMOUNT ACCOUNT # DESCRIPTION 2021 - 01109050- Human Human Resources, $38,112.31 2022 62300 Resources Contract Services - Professional 2022 - 01109050 - Human Human Resources, $47,596.88 2023 62300 Resources Contract Services - Professional 2023- 01109050 - Human Human Resources, $49,976.72 2024 62300 Resources Contract Scrviccs- (Optional) Professional 2024 - 01109050 - Human Human Resources, $52,475.56 2025 62300 Resources Contract Services - (Optional) Professional Total (Including Optional 2 years) $188,161.47 City Council 21 —2 6/15/2021 Agreement with Governmentjobs.com Inc. dba NEOGOV June 15, 2021 Page 3 EXHIBITS 1. GovernmentJobs.com., Inc. (d/b/a "NEOGOW) Order Form and Exhibit A - Service Agreement Submitted By: Jason R. Motsick, Executive Director - Human Resources Approved By: Kristine Ridge, City Manager City Council 21 — 3 6/15/2021 ^' G W � INN Ii �L, ,�rI��iM" Exhibit A NEOGOV SERVICES AGREEMENT V0201'21 You agree that by placing an order through a NEOGOV standard ordering document (the "Order" or "Ordering Document") you agree to follow and be bound by the terms and conditions set forth herein. "Govern mentjobs. com", 'NEOGOV", "we", and "our" means Govern mentjobs.com, Ine.(dba "NEOGOV") and, where applicable, its affiliates; 'Customer'. 'you your means the Governmentjobs.corn client, customer, or subscriber identified in the Ordering Document. If you are placing such an Order on behalf of a legal entity, you represent that you have the authority to bind such entity to the terns and conditions of the Ordering Document and these terms and, in such event, "you' and "your' as used in these agreement terms shall refer to such entity. "Agreement' shall be used to collectively refer to this NEOGOV Services Agreement (the "Services Agreement"). documents incorporated herein including the applicable Ordering Document and Schedule(s), and Speclal Conditions (If any). Provision of Services. Subject to the terms of this Agreement NEOGOV hereby agrees to provide Customer with ace PSS 10 iN SaaS AppllcetlonS and ProfeSSlonal SP.MICPS (each defined below) Inclnd Pd or ordered by CwStomer in the applicable Ordering Document (collectively referred to as the "Services"). Customer hereby acknowledges and agrees that NEOGOV s provision and performance of, and Customer's access to, the Services is dependent and conditioned upon Cuslomer's full performance of its duties, obligations and responsibilities hereunder. This Agreement entered into as of the date of your signature on an applicable Ordering Dxument or use of the Services commences (the "Effective Date"). The Agreement supersedes any prior and contemporaneous discussions. agreements or representations and warranties. 2. SaaS Subscription. a) Subscription Grant. "SaaS Applications' means each proprietary NEOGOV web -based software -as -a -service application that may be set forth on an Order and subsequently made available by NEOGOV to customer, and associated components as described in the Service Specifications made available to Customer by NEOGOV. Subject to and conditioned on Customer's and its Authorized Users' compliance with the terms and crmditinns of this Agreement NFOGOV herehy grants to Customer a limited non-exclusive, non-transferahe, and non-suhlicansahls right to (a) access and list, and to permit Authorized Users to access and use, the SaaS Applications specified in the Order solely for Customer's internal, non-commercial purposes; (b) generate, print, and download Customer Data as may result from any access to or use of the SaaS Applications, and (c) train Authorized Users in uses of [lie SaaS Applications permitted hereunder (these rights shall collectively be referred to as the "SaaS Subscription") . "Authorized Users" means (1) Customer employees. agents. contractors, consultants who are authorized by Customer to access and use the Services under the rights granted to Customer pursuant to this Services Agreement and (ii) for whom access to the Services has boon purchased hereunder. You may not access the SaaS Applications if you are a direct competitor of NEOGOV or its affiliates. In addition, you may not access the SaaS Applications for purposes of monitoring their availability, performance, or functionality, or for any othor bonchmarking or competitive Purposes. b) Delivery and Subscription Term. NEOGOV delivers each SaaS Application by providing Customer with online access. When you access NEOGOV SaaS Applications, you are accepting it for use in accordance with this Agreement. Unless otherwise specified in an applicable Ordering Document, SaaS Subscriptiuns shall commence on the Effective Date and remain in effect for twelve (12) consecutive months, unless terminated earlier in accordance with this Agreement ([he "Initial Term"). Thereafter, SaaS Subscriptions shall automatically renew for successive twelve (12) month terms (each a "Renewal Term" end together with the Initial Term, collectively, the Term") unless a party clelivels to the other party, at least thirty (30) days prior to the expiration of the Initial Term orthe. applicable Renewal Term, written notice of such parfy's intention to not renew this Agreement, or unless terminated earlier in accordance with this Agreement. NEOGOV shall provide Customer access to the SaaS Applications within a reasonable time following the Effective Date unless otherwise agreed. c) Content and Program Documentation. Should Customer purchase access to SaaS Applications containing audio-visual content ('Licensed Content"). NEOGOV grants to Custorer a non-exclusive. non -transferable. and non-sublicensable license, during the, applicable Term, for Authorized Users to access and view the Licensed Content within the SaaS Application. Customer shall not permit the Licensed Content to be, or appear to he, reproduced, performed, displayed, or distrihuted on, as part of or in connection with any website or nther online area other than the SaaS Application. Customer shall not edit, alter, modify, combine with other City Council 21 — 4 6/15/2021 .. Trw i e �in ipt � ,�'Ipp I�� content, or create any derivative works of the Licensed Content. "Program Documentation" shall mean all user guides, training, and implementation material, and Service descriptions provided by NEOGOV to Customer in connection with the Services. NEOGOV hereby grants to Customer a non-exclusive, non- sublicensable, non -transferable license to use, print, and distribute internally via non-public platforms, the Program Documentation during the Term solely for Customer's internal business purposes in connection with its use of the Services. 3. Professional Services. "Professional Services" shall mean consulting, training services purchased by Customer in an applicable Ordering Document or NEOGOV Scope of Work (SOW) relating to assistance, training, deployment. usage, LusLoaliza Llorls, accessory data processing, and best practices of and concerning the SaaS Applications. NEOGOV shall provide the Professional Services purchased In the applicable Order Form or SOW, as the case may be. Professional Services may be ordered by Customer pursuant to a SOW and Service Specifications describing the work to be performed, fees, and any applicable milestones, dependencies, and other technical specifications or related information. Order Forms or SOW% must be signed by both parties before NEOGOV shall cnmmanca work. If tha partial do not exeerte a %aparata Statamant of Work, tha Sarvicas shall his provided as stated on the Order form and this Agreement and documents incorporated herein shall control. 4. Payment Terns. Unless otherwise stated in an Ordering Document, Customer shall pay all Subscription fees (Subscription Fees") and Professional Service fees ( Professional Service Fees collectively the Fees') within thirty (30) days of Customer's receipt of NEOGOV's invoice. Fees shall be invoiced annually in advance and in a single invoice for each Term. Invoices shall be delivered to the stated "Bill To" party on the Ordering Document. Unless explicitly provided otherwise, once placed the Ordering Document is non -cancellable and SUMS paid nonrefundable. Subscription Fees are based upon the Customer's employee count. Customer shall not exceed the employee amount its Subscription Fees are based off of unless applicable supplemental Subscription Fees are paid. I he I arm for the Services is a Continuous and non -divisible commitment for the full duration regardless of any invoicr schedule. The purchase of any Service is separate from any other order for any other Scrvicc. Customer may purchase, certain Services independently of other Services. Your obligation to pay for any Service is not contingent on performance of any other Service or delivery of any other Service. If Customer issues a purchase order, then it shall be for the full amount set forth in the applicable NEOGOV invoice or Ordering Document. Failure to provide NEOGOV with a corresponding purchase order shall not relieve Customer of its Payment obligations. Except as otherwise specifically stated in the Ordering Document, NEOGOV may change the charges for the Services with effect from the start of each Renewal Term by giving Customer at least thirty (30) day notice prior to commencement of a Renewal Term. Customer will pay all taxes, duties and levies imposed by all federal, state, and local authorities (including, without limitation, export, sales, use, excise, and value-added taxes) based on the transactions or payments under this Agreement, except those taxes imposed or based on NEOGOV's net income or those exempt by applicable state law. Customer shall provide NEOGOV with a certificate or other evidence of such exemption with ten (10) days of NEOGOV's request therefor. 5. Term and Termination a) Term. Unless otherwise specified in an applicable Ordering occurrent, this Agreement shall commence on the Effective Date. This Agreement shall remain in effect until all SaaS Subscriptions have expired and/or both parties have achieved full performance of Professional Services or other services detailed in a SOW, unless it is terminated earlier in accordance with this Agreement. h) Termination for Gau%e; Effect of Termination. Either Party may terminate this Agreement immediately if the other is in material breach of this Agreement and such breach is not cured within thirty (30) days following non -breaching party s written specification of the breach. NFOCOV may suspend the Services or terminate this Agreement immediately in the event the Services or Customer's use of the Services provided hereunder hecome illegal or contrary to any applicable law, rule, regulation, or puhlic policy. Upon expiration or any termination of this Agreement, Customer shall cease all use and refrain frorn all further use of the Services and other NEOGOV intellectual property. Additionally, Customer shall be obligated to pay, as of the effective date of such expiration or termination, all amounts due and unpaid to NEOGOV under this Agreement. Unless othewise specified. after expiration or termination of this Agreement NEOGOV may remove Customer Data from NEOGOV Services and without Customer consent or notice. G. Service Specifications. "Service Specifications" means Program Documentation, Service Schedules, Security Statements, and Service Level Warranties if applicable. The Service Specifications describe. and govern the. Services and arc incorporated herein by reference. Online Service Specifications may be made available at hops://www.noogov.rom/service-specifications or provided upon Customer request. Excluding Service Srhedulc%, NEOGOV may update the Service Specifications to reflect changes in. among other things. laws. regulations. City Council 21 — 5 6/15/2021 .. p pp Trw rules, technology, industry practices, patterns of system use, Updates and Upgrades, and availability of third -party services. 7. Maintenance; Modifications; Support Services a) Maintenance. Updates. Upgrades. NEOGOV maintains NEOGOV's hardware and software infrastructure for the Services and is responsible for maintaining the NEOGOV server operation and NEOGOV database security. NEOGOV may in its sole discretion, periodically modify. Update, and Upgrade the features. components, and functionality of the Services during the Tenn. "Update" means any update, bug fix, patch or correction of [he Services or underlying NEOGOV software [flat NEOGOV makes generally available [o its customers of the seine module, excluding Upgrades. Updates are aututnatic and available upon Customer's next login to the Services following an Update at no additional cost to Customer. "Upgrade" means any update of the Services or underlying NEOGOV software such as platform updates, and major product enhancements and/or new features that NEOGOV makes commercially available. NEOGOV shall have no obligation to provide Upgmdas to customars and retains the right to offer Upgrades fray of cost or on a par rustnmar basis at additional coat. NEOGOV shall have no liahility for, or any nhligations to, investments in, or modifiratinns to customer hardware, systems or Other software which may be.. necessary to use or access the services due to a modification, Update, or Upgrade of the Services. b) Training Materials; Support. Primary training of NEOGOV Services is conducted by self -review of online malerials. NEOGOV's pre -built. online training consists of a series Of LuLOn is to introduce the standard fealures and funclion , ([he 'Training Material;). The Training Materials may be used as reference material by Customer Personnel conducting day-to-day activities. c) Implementation. For Services requiring implementation, NEOGOV implementation supplements the I raining Materials and is conducted Off-sitC unless otherwise agreed in the Ordering Do(:ument. NEOGOV personnel will provide consultation on best practices for setting up the Services, answer Customer questions during the implementation period, and ensure Authorized User Admina grasp the system. (1) Support. Phone supportfortlic Services is available to Customer Monday1hrough Friday, cxcluding NEOGOV holidays. Online support for the Services is available 24 hours a day, seven days a week. The length of time for a resolution of any problem is dependent on the type of case. e) Limitations. Unless otherwise specified in the Ordering Document, this Agreement does not obligate NEOGOV to render any rnai ntena rice or support services that are not expressly provided Herein, including, but not limited to data uploads, manual data entry, migration services, data conversion, refinement, purification, reformatting, SQL dump, or process consultation. 8. NEOGOV Intellectual Property. NEOGOV shall exclusively own all right, title and interest in and to all pre-existing and future intellectual property developed or delivered by NEOGOV including all Services, products, systems, software (including any source code or object code) or Service Specifications related thereto. Updates or Upgrades, trademarks, service marks, logos and other distinctive brand features of NEOGOV and all proprietary rights embodied therein (collectively, the "NEOGOV Intellectual Property"). This Agreement does not convey or transfer title or ownership of [he NEOGOV Intellectual Property to Customer or dny of its users. All rights riot expressly granted herein are reserved by NEOGOV. Other than recommendation use or as required by law, all use of NEOGOV Trademarks must be pre -approved by NEQGQV prior to use. Trademarks shall include any word, name, symbol, color, designation or device, or any combination thereof that functions as a source identifier, including any trademark, trade dress, service mark, trade name, logo, design mark, or domain name, whether or not registered. 9. Data Processing and Privacy. a) Customer & Platform Data. "Customer Data" shall mean all data that is owned or developed by Customer. whelher provided to NEOGOV by Customer or provided by a third party [o NEOGOV in conneclion will) NEOGOV's provision of Services to Customer. including Personnel or Job Seeker Profile Data collected. loaded into, or located in Customer data files maintained by NEOGOV. NEOGOV intellectual property, including but not limited to the Services and all derivative works thereof, NEOCOV Confidential Information. and Platform Data do not fall within the meaning of the term Customer Data Customer exclusively own all right, titlC, and intorest in and to all Customer Di ter. Customer gri nts NEOGOV c license t0 host, usc, process, display, create non -personal derivative works of, and trq nsmit Customer Data to provide the Servires. "Platform Data' shall mean any data reflecting the access or use of the Services by or on behalf of Customer or any user, including Statistical Or Other analysis and performance information related to the provision and City Council 21 — 6 6/15/2021 ., pp Trw i e �i n ipt � ,�, I�� operation of the Services including any end user visit, session, impression, clickthrough or click stream data, as well as log, device, transaction data. or other analysis, information, or data based on or derived from any of the foregoing. NEOGOV shall exclusively own all right, title and interest in and to all Platform Data. NEOGOV grants to Customer a limited, non -perpetual, non-exclusive, non -transferable, and non- sublicensable license during the Term to use and access, and to permit Authorized Users to use and access. Platform Data of which NEOGOV makes available through the SaaS Applications solely for Customer's internal purposes. Customer acknowledges NEOGOV may compile Platform based on Customer Data input into the Services. Customer agrees that NEOGOV may (i) make Platform Data publicly available in compliance with applicable law, and (it) use Platform Data to the extent and in the manner permitted under applicable law. b) Privacy Policy; Data Processing Agreement. NEOGOV shall process all data In accord with the NEOGOV Privacy Policy available at httpsllwww.neogov.com/privacy-policy. The defined terns in the Privacy Policy Shall have the same meaning in this Agreement unless otherwise specified herein. To the extent Customer uses the Services to target and collect personal information form users located in the European Union, European Economic Area, or Switzerland (the "FU"), or has Authorized User; accessing the Sarvires from the ED, the NEOGOV Data Processing Addendum ("DPA") avniiahie nt httpsJ/www.neagov.romiservire- specifications is incorporated herein by reference. c) Data Responsibilities. Customer is solely responsible for the development, content, operation, maintenance. and use of Customer Data. NEOGOV will have no responsibility or liability for the accuracy of the Customer Data prior to receipt of such data into the Services. Customer shall be solely responsible for and shall comply with all applicable laws and regulations relating to (i) the accuracy and completeness of all information input, submitted, or uploaded to the Services, (ii) the privacy of users of the Services, including, without limitation, providing appropriate notices to and obtaining appropriate consents from any individuals to whom Customer Data relates, and (iii) the colloction, use, modification, alteration, Cxtraction, retention, copying, oxternal storage, disclosure, transfer, disposal, and other processing of any Customer Data. NEOGOV is not rosponsibio for lost data caused by the action or inaction of Customer or Authorized Users. Unless vital to provide the Services or otherwise mutually agreed in writing, Customer shall not maintain any financial, health, payment card, or similarly sensitive data that imposes specific data security or data protection obligations within the Services. d) Breach Notice. In the event of a data or security breach, as defined by applicable law, by anyone other than your employee, contractor, or agent, upon discovery of such breach, NEOGOV will initiate remedial actions and notify Customer of the breach as required by and in compliance with applicable law. NEOGOV's notification of, or response to, a data breach under this Section will not be construed as an acknowledgement by NEOGOV of any fault or liability with respect to the breach. In the event of a security breach, as defined by applicable law, by your Personnel, Authorized, or unauthorized user, contractor or agent, you shall have sole responsibility for initiating remedial actions and you shall notify NEOGOV of the breach and steps you will take to remedy the breach as soon as possible. Customer is solely responsible for complying with data breach notification laws applicable to the Customer and fulfilling any third -party notifiration obligations related to any data breach(es). 10. Subcontractors, Third Party Products. NEOCOV may from time to time in its discretion engage third parties to perform Services (each, a "SubCorltrdL or"). "Third -Party Products" means dry products, content, services, Information, websltes, or other materials that are owned by third partles and are Incorporated Into or accesslbie through the Services. The Services may permit access to Third -Party Products. For purposes of this Services Agreement, such Third -Party Products are Subject to their own terms and conditions presented to you for arrPptanrp by wphsitp. link or otherwise. If you do not agrpe to abide by the appllrahip terms for any gnrh Third - Party Products, then you should not install, access, or use such Third -Party Products. NEOGOV cannot guarantee the continued availability of such Third -Party Products and may cease providing them withnut entitling Customer to any refund, credit, or other compensation, if for example and without limitation, the provider of a Third -Party Product ceases to make the third -party application available for interoperation with the corresponding NEOGOV Service in a manner acceptable to NEOGOV. 11. Nondisclosure. Through exercise of each party s rights under this Agreement. each party may be exposed to the other party's technical, financial, business, marketing, planning, and other information and data in written, oral, electronic, magnetic, photographic, and/or other forms, including, but not limited to (a) oral and written Communications of one party with the officers and staff of the other party which are marked or identified as contidcntial or socrct or similarly marked or idontitiod, (b) other Comm a nicetionS which a reasonable person would rocngni7e from the. surrounding facts and circumstances to be confidential or socrct, and (r,) trade secrets (collectively. "Confidential Information'). In recognition of the other party's need to protect its legitimate business interests, each party hereby covenants and agrees that it Shall regard and treat each item of information or data City Council 21 — 7 6/15/2021 .. Trw i e �in ipt � ,�'Ipp I�� constituting Confidential Information of the other party as strictly confidential and wholly owned by such other party and that it will not, (x) without the express prior written consent of the other party, (y) except as permitted or authorized herein or, (z) except as required by law including the Public Records Act of the Customer's State, redistribute, market, publish, disclose, or divulge to any other person, firm or entity, cruse or modify for use, directly or indirectly in any way for any person or entity. (i) any of the other party's Confidential Information during the Term and for a period of three (3) years thereafter or, if later, from the last date Services (including any warranty work) are performed by the disclosing party hereunder: and (it) any of the other party's trade secrets at any time during which such information shall constitute a trade secret under applicable law. In association with NEOGOV's concern for the protection of trade secrets, Confidential Information, and fair market competition, Customer acknowledges all pholos, "screen caplures", videos, or related media of NEOGOV products, pages, and related documentation shall be approved by NEOGOV prlur to any publicly accessible disclosure of such rnedla. 12. Representations, Warranties, and Disclaimers. a) Service, Parformanca Warranty. NEOGOV warrants that it providas the, Servicas using a rnmmsmially reasonahle level of care and skill. THE FOREGOING WARRANTY DOES NOT APPLY, AND NEOGOV STRICTLY DISCLAIMS ALL WARRANTIES, WITH RESPECT TO ANY THIRD -PARTY PRODUCTS. b) No Other Warranty. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS WARRANTY SECTION. THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, AND CUSTOMER'S USE OF THE SERVICES IS AT ITS OWN RISK. NEOGOV DOES NOT MAKE. AND HEREBY DISCLAIMS. ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINCEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NEOGOV DOES NO WARRAN I I HA I I HE SERVICES WILL BE UNIN I ERRUP I ED, ERROR -FREE, OR COMPLETELY SECURE, OR THAT ANY ERROR WILL BE CORRECTED. C) Disclaimer of Actions Caused by and/or Under the Control of Third Parties. NEOGOV DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM THE NEOGOV SYSTEM AND OTHER PORTIONS OF TI IE INTERNET. SUCI I FLOW DEPENDS IN LARGE PART ON TI IE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES. ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). ALTHOUGH NEOGOV WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ALL ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, NEOGOV CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NEOGOV DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS. (1) Services Do Not Constitute Advice or Credit Reporting. NEOGOV does not provide its customers with legal advice regarding compliance, data privacy, or other relevant applicable laws in the jurisdictions in which you use the Services. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES PROVIDED HEREUNDER ARE NOT INTENDED TO BE AND WILL NOT BE RELIED UPON BY YOU AS EITHER LEGAL, FINANCIAL. INSURANCE, OR TAX ADVICE. TO THE EXTENTYOU REQUIRE ANY SUCH ADVICE, YOU REPRESENT THAT YOU WILL SEEK SUCH ADVICE FROM QUALIFIED LEGAL, FINANCIAL. INSURANCE, ACCOUNTING, OR OTHER PROFESSIONALS. YOU SHOULD REVIEW APPLICABLE LAW IN ALL JURISDICTIONS WHERE YOU OPERATE AND HAVE EMPLOYEES AND CONSULT EXPERIENCED COUNSEL FOR LEGAL ADVICE. YOU ACKNOWLEDGE THAT NEOGOV IS NOT A "CONSUMER RFPORTING AGFNCY" AS THAT TFRM IS DFFINFD IN THE FAIR CRFDIT RFPORTING ACT AS AMENDED. e) Configurable Services. The Services can be used in ways that do not Comply with applicable laws and iL is Customer's sole responsibility to monitor the use of the Services to ensure that such use complies with and is in accordance with applicable law. In no event shall NEOGOV be responsible or liable for Customer failure to comply wilh applicable law in connection with your use of the Services. NEOGOV is not responsible for any harm caused by users who were not authorized to have access to the Services but who were able to gain access because usernamos, passwords, or accounts were not terminated on a timely basis by Customer. Customer acknowledges that NEOCOV exercises no control over specific human resource practices implemented using the Service or Customers decisions as to employment, promotion, termination, or compenSOtion of any personnel or Authorizod User of the Services. CUStOmertUrthcr agrees and aCknowic0ge that NEOGOV does not have a direct relationship with Customor omploycos and that Customer is rosponsihlo for all contact. questions. Customer Data updates and collection. with Customer employees. City Council 21 — 8 6/15/2021 .. p pp Trw 13. Customer Compliance. Customer shall be responsible for ensuring that Customer's use of the Services and the performance of Customer's other obligations hereunder comply with all applicable rules, regulations, laws, codes, and ordinances. Customer is responsible for Customer's information technology infrastructure, including computers, software, databases, electronic systems (including database management systems), and networks, whether operated directly by Customer or through the use of third -party services equipment and facilities required to access the Services. All users of the Services are obligated to abide by the Terms of Use available at https://www.iieogov.com/terms-of-use. Customer shall be responsible for procuring all licenses of third -party software necessary for Customer's use of the Services. Customer is responsible and liable for all uses of the Services, directly or indirectly, whether such access or use is permitted by or in violation of this Agreement. 14. Indetnnlflcatlon a) Indemnity. Subject to subsections (b) through (d) of this Section, if a third party makes a claim against Customer that any NEOGOV intellectual property furnished by NEOGOV and used by Customer infringes a third party's intallachral proparty rights, NEOGOV will defend the CIIStnnler against the claim and indemnify the Custnmer from the damages and liabilities awarded by the court to the third -party claiming infringement or the Settlement agreed to by NEOGOV, if Customer does the following: i) Notifies NEOGOV promptly in writing, not later than thirty (30) days after Customer receives notice of the claim (or sooner if required by applicable law): ii) Gives NEOGOV sole control of the defense and any settlernerIL negotiations: and iii) Gives NEOGOV the information, authority, and assistance NEOGOV needs to defend against or settle the claim. b) Alternative Resolution. It NEOGOV believes or it is determined that any of the Services may have violated a third party's intellectual property rights, NEOGOV may choose to either modify the Services to be non - infringing or obtain a license to allow for continued use. If these alternatives are not commercially reasonable. NEOGOV may end the subscription or license for the Services and refund a pro -rasa portion of any fees covering the whole months that would have remained, absent Such early termination, following the effective date of Such early termination. c) No Duty to Indemnify. NEOGOV will not indemnify Customer if Customer alters the Service or Service Specifications, or uses it outside the scope of use or if Customer uses a version of the Service or Service Specifications which has been superseded, if the infringement claim could have been avoided by using an unaltered current version of the Services or Service Specifications which was provided to Custorer. or if the Customer continues to use the infringing material after the subscription expires. NEOGOV will not indemnify the Customer to the extent that an infringement claim is based upon any information, design, specification, instruction, software, data, or material not furnished by NEOGOV. NEOGOV will not indemnify Customer for any portion of an infringement claim that is based upon the combination of Service or Service Specifications with any products or services not provided by NEOGOV. NEOGOV will not indemnify Customer for infringement caused by Customer's actions against any third party if the Services as delivered to Customer and used in accordance with the terms of the Agreement would not otherwise infringe any third -party intellectual property rights. d) ExLluslve Remedy. This Section provides the exclusive remedy for any Intellectual property Infringement claims or damages against NEOGOV. 15. 1 imitations of I iahility. a) EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT. TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) LOSS OF PRODUCTION, USE. BUSINESS. REVENUE. OR PROFIT OR DIMINUTION IN VALUE: (b) IMPAIRMENT. INABILITY TO USE OR LOSS, INTERRUPTION OR DELAY OF THE SERVICES. (c) LOSS. DAMAGE, CORRUPTION OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY; (d) COST OF REPLACEMENT COODS OR SERVICES; (e) LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITY OR PROFIT, OR LOSS OF REPUTATION; OR (f) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNIIIVE DAMAGES, REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. City Council 21 — 9 6/15/2021 .. Trw i e �in ipt � ,�'Ipp I�� b) CAP ON MONETARY LIABILITY. WITHOUT LIMITATION OF THE PREVIOUS SECTION, EXCEPT FOR DAMAGES ARISING OUT OF LIABILITY WHICH CANNOT BE LAWFULLY EXCLUDED OR LIMITED, CUSTOMER'S OBLIGATIONS TO MAKE PAYMENT UNDER THIS AGREEMENT, OR LIABILITY FOR INFRINGEMENT OR MISAPPROPRIATION OF NEOGOV INTELLECTUAL PROPERTY RIGHTS, THE TOTAL LIABILITY OF EITHER PARTY FOR ANY AND ALL CLAIMS AGAINST THE OTHER PARTY UNDER THIS AGREEMENT. WHETHER ARISING UNDER OR RELATED TO BREACH OF CONTRACT. TORT (INCLUDING NEGLIGENCE). STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY. SHALL NOT EXCEED THE AMOUNT OF ALL PAYMENTS ACTUALLY RECEIVED BY NEOGOV FROM CUSTOMER DURING THE RELEVANT YEAR OF THIS AGREEMENT DURING WHICH THE CAUSE OF ACTION AROSE. THE FOREGOING LIMITATION OF LIABILITY IS CUMULATIVE WITH ALL PAYMENTS FOR CLAIMS OR DAMAGES IN CONNECTION WITH THIS AGREEMENT BEING AGGREGATED TO DETERMINE SATISFACTION OF THE LIMIT. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THE LIMIT. THE PARTIES ACKNOWLEDGE AND AGREE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EACH PARTY ACKNOWLEDGES THAT THIS LIMITATION OF LIABILITY REFLECTS AN INFORMED, VOLUNTARY ALLOCATION BETWEEN THE PARTIES OF THE RISKS (KNOWN AND UNKNOWN) THAT MAY EXIST IN CONNECTION WITH THIS AGREEMENT AND HAS BEEN TAKEN INTO ACCOUNT AND REFLECTED IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. 16. E-Signatures. a) E-Signature Provisioning & Consent. NEOGOV E-Forms and other clWronlcally signer) sorvlcos (`E- Signatures") arc provided by NEOGOV for two counterpartics (generally a govrrnment employer (the "sending party) Subscribing to NEOGOV Services and Personnel or Job Seekers) to electronically sign documents. If YOU use E-Signatures offered by NEOGOV, you agree to the statements set forth in this Section. Whenever you sign a document using E-Signatures you affirmatively consent to Using cloctronic signatures via the E- Signatures and consent to conducting electronic business transactions. You also confirm that you are able to access the E-Signatures and the document you are signing electronically. When using E-Signatures for a document, your consent applies only to the mauer(s) covered by that particular document. b) Right to Opt -Out of E-Signatures. You are not required to use E-Signatures or accept electronic documents provided thereby. Personnel and Job Seekers can choose to not use E-Signatures and may sign the document manually instead by notifying the sending party they are choosing to do so and by obtaining a non -electronic copy of the document. NEOOGV assumes no responsibility for providing non -electronic documents. In the event a non -sending patty elects to sign the document manually, do not use E-SignatttreS to sign the document. r_) Electronic Download. If you have signed a document electronically using E-Signatures and transmitted it back to the sending party, NEOCOV provides the opportunity to download and print a paper copy of the document at no charge. If you later withdrawn your consent to using E-Signatures, please notify the sending party and stop using E-Slgnatures. Note that the decIsIon to stop uslny E-Slgnatures after you have already used It does not change the legality of the documents you have previously signed using an electronic signature. d) F-Signature Validity. PI FASF NOTF THAT NFOGOV'S STATFMFNTS CONTAINFD HFRFIN OR ELSEWHERE CONCERNING THE VALIDITY OF ELECTRONIC DOCUMENTS AND/OR THE SIGNATURE LINES OF DOCUMENTS THAT ARC ELECTRONICALLY SIGNED ARE FOR INFORMATIONAL PURPOSES ONLY. THEY SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. UNDER FEDERAL AND STATE LAWS GOVERNING ELECTRONIC SIGNATURES, ELECTRONIC SIGNATURES ON CERTAIN TYPES OF AGREEMENTS ARE NOT ENFORCEABLE. NEOGOV HEREBY DISCLAIMS ANY RESPONSIBILITY FOR ENSURING THAT DOCUMENTS ELECTRONICALLY SIGNED THROUGH E- SIGNATURE'S ARE VALID OR ENFORCEABLE UNDER THE LAWS OF THE UNITED STATES OF AMERICA, ANY PARTICULAR STATE, OR ANY OTHER LEGAL JURISDICTION. YOU SHOULD CONSULT WITH LEGAL COUNSEL CONCERNING THE VALIDITY OR ENFORCEABILITY OF ANY DOCUMENT YOU MAY SIGN ELECTRONICALLY USING NEOGOV'S E-SIGNATURE'S. 17. Text Message Communications. NEOGOV may offer Job Seekers and Personnel the opportunity to receive text messages regarding job application or hiring process reminders. applicant status updates. or other human resource related notices. Since these text message services depend on the functionality of third -party providers, there may City Council 21 — 10 6/15/2021 ., p pp Trw be technical delays on the part of those providers. NEOGOV may make commercially reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. NEOGOV shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert, or for any actions taken or not taken by you or any third party in reliance on an alert. NEOGOV cannot vouch for the technical capabilities of any third parties to receive such text messages. NEOGOV MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY. OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES. (it) ANY LOSS, DAMAGE. OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA. COMMUNICATIONS, OR SETTINGS CONNECTED WITH THE SERVICES. 18. Cooperative Agreement. As permitted by law. it is understood and agreed by Customer and NEOGOV that any (i) federal, state, local, tribal, or other municipal government (including all administrative agencies, departments, and offices thereof); (ii) any business enterprise in which a federal, state, local, tribal or other municipal entity has a full, majority, or other controlling intarest; and/or (iii) any puhlic school (including without limitati nil K-12 srhnols, cellegns, IIniversitle.F, and vncatinnal schools) (collectively referred to ns the "New Entity') may purchase the Services Specified herein in accordance with the terms and conditions of this Agreement. It is also understood and agreed that each New Entity will establish its own contract with NEOGOV, be invoiced therefrom and make its own payments to NEOGOV in accordance with the terms of the contract established between the New Entity and NEOGOV. With respect to any purchases by a New Entity pursuant to this Section. Customer: (i) shall not be construed as a dealer, re -marketer, representative, partner or agent of any type of NEOGOV. or such New Entity: (it) shall not be obligated, liable or responsible for any order made by New Entities or any employee thereof under the agreement or for any payment required to be made with respect to such order; and (iii) shall not be obliged, liable or responsible for any failure by any New Enlily to comply with procedures or requirements of applicable law or to obtain the due atlthor171tion and approval necessary to purchase under the agreement. I crmination of this Agreement shall in noway limit NEOGOV from soliciting, entering into, or continuing a contractual relationship with any Now Entity. 19. Publicity. Each party hereto may advertise, disclose, and publish its relationship with the Other party under this Agreement. 2& Force Majeure. NEOGOV shall not be liable for any damages, costs, expenses or other consequences incurred by Customer or by any other person or entity as a result of delay in or inability to deliver any Services due to circumstances or events beyond NEOGOV's reasonable control, including, without limitation: (a) acts of God; (b) changes in or in the interpretation of any law, rule, regulation or ordinance; (c) strikes, lockouts or other labor problems; (d) transportation delays, (c) unavailability of supplies or materials; (f) fire or explosion, (g) riot, military action or usurped power, or (h) actions or failures to act on the part of a governmental authority. 21. Independent Contractor; Third Party Agreements. The relationship of the parties shall be deemed to be that of an independent contractor and nothing contained herein shall be deemed to constitute a partnership hetween or a joint venture by the parties hereto or constitute either party the employee or agent of the other. Customer acknowledges that nothing in this Agreement gives Customer the right to bind or commit NEOGOV to any agreements with any third parties. This Agreement is not for the benefit of any third party and shall not be deemed to give dny right or remedy to dny such party whether referred to herein or not. 22. Entire Agreement: Amendment. This Services Agreement and documents incorporated herein, the applicable Ordering Document, and Special Conditions (if any) constitute the entire agreement between the parties with respect to the suhject matter hereof and supersede all prior or contemporaneous oral and written statements of any kind whatsoever made by the parties with respect to such subject matter. Special Conditions means individually negotiated variations, amendments and/or addition: to this Service Agreement of which are either drafted, or incorporated by reference, into the Ordering Document. Any Customer proposal for addilional or different terms, or Customer attempt to vary in any degree any of the terms of this Agreement is hereby objected to and rejected but such proposal shall not operate as a rejection of this Service Agreement and Ordering Document unless Such variances are in the terms of [tie description, yuanlity, or price but shall be deemed a material alteration thereof. and this Service Agreement and the applicable Ordering Dor_urnenl shall be deemed accepted by the Customer without said additional or different terms. It is expressly agreed that the terms of this Agreement and any NEOCOV Ordering Document shall supersede the terms in any non-NEOGOV purchase order or other ordering document. Notwithstanding the foregoing, any conflict of terms shall be resolved by giving priority in accordance with the following order: 1) Special Conditions (it any), 2) NEOGOV Ordering Document, 3) the NEOGOV Services Agreement and incorporated documents, 4) Customer terms and conditions (if any). This Agreement supersedes the terms and conditions of any clickthrough agreement associated with the Services. This City Council 21 — 11 6/15/2021 .. pp Trw i e �i n ipt � ,�, I�� Agreement may not be modified or amended (and no rights hereunder may be waived) except through a written instrument signed by the party to be bound. 23. General. This Agreement shall be governed by and construed in accordance with the laws of Customers State, without giving effect to conflict of law rules. If any provision of this Agreement is held to be illegal or unenforceable. such provision shall be limited or eliminated to the minimum extent necessary so that the remainder of this Agreement will continue in full force and effect. Provisions that survive termination or expiration are these relating to limitation of liability, payment, and others which by their nature are intended to survive. All notices or other communications required or permitted hereunder shall be in writing and shall be deemed to have been duly given either when personally delivered, one (1) business day following delivery by recognized overnight courier or electronlc mall, or three (3) business days following deposit In the U.S. mall, reylstered or certlfled, postage prepaid, return receipt requested. All Such communications shall be sent to (i) Customer at the address set forth in the Ordering Document and (ii) NEOGOV at 300 Continental Blvd., Suite 565, El Segundo, CA W245. The waiver, express or implied, by either party of any breach of this Agreement by the other party will not waive any suhsequant hrearh by such party of the same or a different kind. This Agreement may he axacutsd in two or more cnunterparts, each of which will be. deemed an original, but ill of which taken tngether shall constitute one and the same instrument. Delivery of a copy of this Agreement bearing an original signature by facsimile transmission, by electronic mail or by any other electronic means will have the same effect as physical delivery of the paper document bearing the original signature. Each party represents and warrants to the other party that (i) it has full power and authority under all relevant laws and regulations and is duly authorized to enter into this Agreement; and (it) to its knowledge, the execution. delivery and performance of this Agreement by such party does not conflict With any agreement, instrument or understanding, oral or written, to which it is a party or by which it may be bound, nor violate any law or regulation of any court, governmental body or administrative or other agency having jurisdiclion over it. Customer may not assign this Agreement without the express written approval of NEOGOV and any attempt at assignment in violation of this Section shall be null and void. I he parties intend this Agreement to he construed without regard to any presumption or rule, requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted. The exhibitS, schrdules, attachments, and appendices referred to herein are an integral part of this Agreement to the same extent as if they were set forth verbatim herein. City Council 21 — 12 6/15/2021 Employee Count: 1,060 (iovernmentjobs.com, Inc. (dba "NEOGOV") 300 Continental Blvd., Suite 565 HI Segundo, CA 90245 aceo an Li n r'(e[;neo�-,ov _com Customer City of Santa Ana ((-'A) Customer Haney MostaFi Name: Contael Name: Customer 20 Civic Center Plaza Email hmostafaO,santa-ana.org Address: Santa Ana, CA 02702 Address: Subscription Fees: Onboard License $15,429.20 $16,200.66 PcrRnuiLicense 50'.; ofl'Ta-m 1) $14,198.11 $28,31)622 Position Tnte ration License 50%off Term I $1,500.00 S1,500.11() Cmploycc Import ]ntcgration Liccnsc (50'%a oft' .I crm I) $1 500.00 S1,500.00 Professional Service Pecs: Perform Trajimw $2,500.(1(1 N/A Perlbrm Setup $2,985.00 N/A Position Integration SOUP Waived N/A fnl plo ee hile rranon SeLllp Waived N/A Total- S38,112JI $47 59b.M A. Agreement and Applicable Modifications to the Agreement. i_ Agrccmcni_ This Ordering Doctunaht and tic Sc viccs purchased herein arc governed by the. Terms of the Services Agreement either affixed hereto or the version most recently published prior to execution of this Ordering Document available it ht?lr:_/lw�w ne��t,�w c��up/ trvir�; p� r if �siunn„ as well as the Service Specifications and applicable Schedules incorporated therein. ,_ Effectiveness & Modification. Neither C.nstomer nor NEOGOV will be bound by this Ordering Document until it has been signed by its authorized representative. This Order Form may not be modified or amended except through a written insnliment signed by the parties. B. General Terms Summary. i_ Summary of Fees. Listed above is a summary of Fees under this Order. Once pla ed, your order shall be non -cancelable and the sums paid nonrefundable, except as provided in the Agrccmcni_ City Council 21 — 13 6l15/20211 of a_ The Effective Date. This Order is made and entered into as of the date of Customer signature on this Order Document (the "Effective Date"). I _ SaaS 5ubsetiption(s)'start Date_ The Effective Date. 4 Billing Frequency_ Annual_ Net 45 from Customer receipt ofNF.000V invoice_ Order ol' Precedcnca This Ordcrino. DOCLnttem shall take precedence in the went of direct conflict with the Services Agreement, applicable Schedules, and Service Specifications. Offer Validily, phis Order is valid for 30 days from the date of Customer receipt of [his Ordering DOCUI71ent unless extended by NEOGOV- C. Special Conditions (if any). 1. Initial Tenn: 7/1/21 - 6/30/23 phis two, one-year renewal options to be exercised at the CLLStUmeT's discretion_ 2. Onboard, Perform, Position lntegration and Employee Integration Subscription Pecs shall not increase more than 51i;, from the previous Term. 3. NEOGOV will provide the following instvanec coverage daring the terms of this Agreement: n) Commercial General Liability (CGI.): Insurance Services Office Form CG 00 01 covering C(YT. on an "occurrence" basis, including products and compicicd openaions,property damage, bodily injury and personal & advertising injury with limits no less than S1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/l(ication (TSO C0 25 03 or 25 04)or the general aggregate limit shall be twice the required occurrence lint_ b) Automobile Liability: TnSnranee Services Office Form Number CA 0001 covering, Code I (any auto), or if NLOGOV has no owned autos, Code 8 (hired) and 9 (non- owned), with limit no less than $1,000,000 per accident fix bodily injury and property damage. c) Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability hrsurance with limit of no less than 51,000,000 per accident tin bodily injtny or disease. d) Cyber Liability 111Sarance, with limits not less than $2,000,000 per oceturcncc or claim, 52,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by NEOGOV in this agreement and shall include,but not he limited to, claims involving security breach, system failure, data recovery, business imen-uption, cyber extortion, social engineering, infringement of inldhlectual property, including but not limited to infringement of copyright, trademark, uradedress,invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. l'he policy shall provide coverage for breach response City Council 21 — 14 6/15/20221 f 8 cosh, regulatory lines and penalties as well as credit monitoring expenses. c) Technology Professional Liability Errors and Omissions Insurance appropriate to NFOGOV's profession and work hereunder, with limits not less than 52,000,000 per occurrence. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by NEOGOV 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 infringementofcopyrighl, trademark, (adedress. invasion of privacy violations, infirrmxtion theft, damage to or destruction ol'elecuonic information, release of privateinturmation, and alteration of clectrouic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses. 1) The Policy shall include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of or destruction of electronic data and/or information "property" of the Customer in the care, custody, or control of the NEC OOV. If not covered under the NEOGOV's liability policy, such "property" coverage of thcAgency may be endorsed onto the NF.OGOV's Cyber• Liability Policyas covered property os tbllows: 2) If NI:OGOV maintains broader coverage and/or higher limits than theminimutns shown above, theC.ustomer requires and shall be entitled to the broader coverage and/orthc hii=her limitsmaintained byNFOGOV. Any available insurance proceeds in execss of the sped fiat mininuun Iimits of insurance and coverage steal I be available to Custouicr- 1) Other Insurance Provisions: the insurance policies arc to contain, or be endorsed to contain, the following provisions: 1) Additional Insured Vwtus- The Customer, its officers, officials, ernploycos, and volunteers arc to be covered as additional insureds on the COL policy with respect to liability arising, out of work or operations perturmed by or on behalt of NEOGOV including materials, parrs, or equipment furnished ineonnection with such work or operations. Getreral liability coverage can be provided in the form of an cndorsanait to NEOGOV's insurance (at ]cast as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38: and CG 20 37 forms if later revisions used). 2) Primary Coverage- For any claims related to this contract, NEOGOV's insurance coverage shall be primary. Coverage for City Council 21 — 15 6/15/202,1 of 3) 4) 5) 6) 7) R) commercial liability shall be at [cast as broad as ISO CG 2001 04 13 as respects the Customer, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Cuslomer, its officers, officials, employees, or volunteers Shall lie excess ol'NEOGOV's insurance and shall nut conu-ibute with it. Notice o/ Caneellatiou- Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the Customer. Waiver of Subrogation- NCO(iOV hereby grunts to Customer a waiver of any tight to subrogation which any, insurer of NEOGOV may acquire against the Customer by virtue of the payment of any Ioss under such insurance. NEOGOV aarees to obtain any endol-semcltt that may he necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not Costumer has re CivCd a waiver of subrogation cndorsentertt from the insurer. Self -Insured Retentions- Scl l=insutrd trtcntions must be declared to and approved by the Customer. The Cuslomer may require NEOGOV to provide proof of ability to pay losses and related investigations, claim administration, and defeltse expenses within the retention. The policy language shall provide,or be endorsed to provide, that the self -insured retclItion may he satisfied by either the ratmedinsured or Customer_ Acceptability of Insurers- Insurance is to be placed with insurers authorized to conduct bUSirleJS in the state with a Cuneu A.M. Best'.,, rating of no less than A-:Vll, utlless otherwise acceptable to the Customer. Claims Made Policies- If any of the required policies provide coverage oil a claims -made basis: a. The Retroactive Date must be shown and must be before the date of the contract or the beginning ol'comract Work- b. Inswancc roust be mairttairtcd dud cvidcnCC ul' insurance must be provided for at least/ire (5) years after completion of the contract o/'work. e. If coverage is Canceled or non-r'enewcd, and not replaced with another claims -made policY.fornt with a Retroactive Date prior to the contract effective date, NEOGOV must purchase "cxtcndcd reporting" coverage for a minimum of five (5) years after completion of contract work. Verification of Coverage- NEOGOV shall titrni. th cite Cutoma- with ori_inal Certificates of Insurance itrcludinc all required antendmory endorsements (or copies of the applicahle policy language effecting coverage reuuired by this clause) and a copy of the Declarations and Endorsement Page of the CtiE policy listing Lill policy endorsements to the CLIStonter before work begins_ However, tailtuc to obtain the required documents prior to the work beginning shall not waive the NEOGOV's obligation to provide City Council 21 — 16 6/15/20241 f 8 than. The Customer reserves the right to require complete, cclliticd copiesof all required insurance policies, including endorsements required by these specifications, at any time. 9) Subcontractors- NFOOOV shall require land verify that it]] Subcontractor,, maintain insurance meeting all the requirements stated herein, and NLOGOV shall ensure that Customer is an additional insured on insui:ante required fi-otn subcontractors. 10) Special Risks or Circumstances- Customer reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circutnslanccs. 5. Scctiun I5(b) (Cap on Munctaly Liability) is tnudificd to dtc fulluwing: CAP ON MONI;IARY HAB11.I IY. WI I IIOIJI' IMITATION 01- I III: PREVIOUS SFCI ION. FXCEI'l 1-01? DAMA6Il,c5 ARISING OUI OF I,IABII_I IY WHICH C:ANNOI BF, LAWFULLY EXCLUDED OR LIMITED, CUSTOMER'S OBLIGATIONS TO MAKE PAYMENT UNDER THIS AGREEMENT, OR LIABILITY FOR INFRINGEMENT OR MISAPPROPRIATION OF NEOGOV INTELLECTUAL PROPERTY RIGHTS. THE 'I O1AL LIABILITY OF E1111ER PARTY FOR ANY AND ALL CLAIMS AGA1NS- 4 THE OTITER PARTY TINDER TTTTS AGREEMENT, WHETHER ARTSTNO TINDER OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OT11ER LLGAL OR EQUITABLE T1ILORY, S11ALL NOT' EXCELD TIl11RLL IIMLS OX) 111L AMOUNT 01- ALL PAYMENTS ACI'UALI,Y RECFIVF:D BY NFOGOV FROM CLJSIOMF.R DURING I'HE TRAILING TWENTY-FOIJR (24) MONTHS OF THIS AGRF.F.MFNT FROM WHICH THE CAUSE OF ACTION AROSE. THE FOREGOING LIMITATION OF LIABILITY IS CLIMUI.AIIVF. WITI1 AI.I. PAYMFNTS FOR Cl AIMS OR I)AMAGFS IN CONNECTION WITH T111S AGREEMENT BEING AGGREGATED TO DETERMINE SATTSFACTTON OF THE LTMTT_ THE FXTSTENCE OF ONE OI? MORE CLATMS WILL NOT ENLARGE THE LIMIT- THE PARTIES ACKNOWLEDGE, AND AGREE THAT THIS LIMITATION OF LIABILITY 1S AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES AND SHALL APPLY NO I'WI'IHSIANDING THF. FAILURI•: 01 THI% 1(SSI(N'I'IAI. PURPOSE OF ANY HMIIF:D RF:MFOY. EACH I'ARTY ACKNOWI,F:DGIF:S I H A I 'THIS I,IMHA'I ION OF LIABILITY REFLECTS AN INFORMED, VOLUNTARY ALLOCATION BLTWLLN TIIL PARTIES OP TI IL RISKS (KNOWN AND UNKNOWN)TIIAT MAY I%XIS l' IN CONNFC HON WII'll H IIS AGRI•.I{MI:N'I' AND I [AS BI(I:N I'AKFN IN fO ACCOUNT ANT) REFLECTED IN DETERMINING THE. CONSTDF.RATTON TO BE GIVEN BY FACTT PARTY UNDER THIS AC iRFEMFNT ANT) TN THE DTCTSTON BY EACH PARTY To ENTER INTO THIS AGREEMENT- 6 Section 14(n) (Tndenurificntion) is modified to the following_ Tndemnity_ "tiuhject to subsections (b) through (d) of this Scctiun, if a third party makes a claim against C.nstOmCr that any NEOGOV intellectual property furnished by NE060V and used by Customer intlringcs a third parry's intellectual property rights, or arising out of any grossly ncgligcrtt action or willhtl conduct by NFOGOV or it's subconvactot-s, NI.OGOV will defend the Customer against the claim and indenurily the Customer Iron the damages and liabilities City Council 21 — 17 6/15/20251orf 8 awarded by the court to the third -party claiming infringement or the settlement agreed to by NP[)(',()V, if Customer does the following: i) Notifies NF,000V promptly in writing, not later than thirty (3) days after Customer receives notice of tile claim (or sooner is required by applicable law); it) Gives NEOGOV sole control ol'the &I'cnsc and any sculcmcnt negotiations, and iii) Gives NLOGOV the information, authority, and assistance NLOGOV needs to defend against or settle the claim." City Council 21 — 18 6/15/202t1 of 8 IN WITNESS WHEREOF. the parties have caused this Order to be CXCCL[ted by their respective duly authorized officers as of the date set forth below. and consent to the Agreement. t. City Council 21 — 19 6/15/20271 f 8 ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVAI,IIt) City Attorney By: XayU a- A. Pq� Laura A. Rossini Chief Assistant City Attorney RI COMMI[NI)lil) FOR APPROVAL: JASON MOTSTCK Executive Director of Truman Re ,OUreeS City Council 21 — 20 6l15/20 1 f 8 Information Technology https://www.santa-ana.org/it Item # 22 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report June 15, 2021 TOPIC: Agreements for Enterprise Land Management System AGENDA TITLE: Approve Agreements With Clariti Cloud, Inc., Avocette Technologies, Inc., and Park Consulting Group, Inc. For Enterprise Land Management System (Non -General Fund) RECOMMENDED ACTION 1. Authorize the City Manager to execute an Agreement with Clariti Cloud, Inc., for software subscription licensing of a permitting and licensing system for a five-year period beginning July 1, 2021 through June 30, 2026 for $1,445,476, plus a 20% contingency of $289,095, for a total not to exceed amount of $1,734,5701, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager to execute an Agreement with Avocette Technologies, Inc., for implementation services for a two-year period beginning July 1, 2021 through June 30, 2023 for $1,171,079, plus a 30% contingency of $351,324, for a total not to exceed amount of $1,522,403, subject to non -substantive changes approved by the City Manager and City Attorney. 3. Authorize the City Manager to execute an Agreement with Avocette Technologies, Inc., for managed support services for a three-year period beginning July 1, 2023 through June 30, 2026 for an annual not to exceed amount of $79,443, which includes a 30% contingency, for a total not to exceed amount of $317,772 over the life of the agreement, subject to non -substantive changes approved by the City Manager and City Attorney. 4. Authorize the City Manager to execute an Agreement with Park Consulting Group, Inc., for project quality assurance services for a two-year period beginning July 1, 2021 through Junc 30, 2023 for a total not to cxcccd amount of $95,000, subjcct to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION City Council 22 — 1 6/15/2021 Agreements for Enterprise Land Management System June 15, 2021 Page 2 The Santa Ana Property Information Network (SAPIN) is an internally developed land management, permitting, and code enforcement system that was implemented in 2000 to replace a problematic DOS -based permitting system, called GTS, that had been used by the City since 1993. GTS would frequently crash, and when it did, it was very difficult to restore the system to proper operation. In 1999, members of the City's management team researched the software applications that were available at the time and determined that none of them could meet the functional business needs of the City of Santa Ana without heavy customization and special add-ons. Therefore, the decision was made to develop the SAPIN system in-house to better meet the City's needs. In preparation, the City migrated its historical data from the GTS system going back to 1993 into the SAPIN system; it also loaded in other historical data from even further back. Since 2000, the City has been using the SAPIN system for plan checking, building permitting, building inspections, Public Works permitting, and Code Enforcement case management. Although the SAPIN system has been enhanced over the years and has met the needs of the City for more than two decades, its capabilities have fallen too far behind the technology and functionality now available from other off -the -shelf applications on the market. It now makes sense for the City to move from a custom application to a standard vendor package that can better meet the City's needs and provide the improved functionality that the SAPIN system is lacking. On August 24, 2020, the Technology Department released a Request for Proposals (RFP No. 20-105) for an Enterprise Land Management System and Implementation Services. The RFP included extensive system requirements and objectives. The City was open to both on -premise and cloud -based solutions, and the RFP also included a request for services for implementation, data conversion, integration with other City systems, and ongoing managed services after go -live. We notified 543 vendors of the RFP. The City conducted a demo of the SAPIN system for all prospective bidders so they could see the specific capabilities the City already has and would continue to require in a new system. The City received four proposals. These proposals were subsequently reviewed by a selection committee composed of staff from the Information Technology Department, Public Works Agency, and the Planning and Building Agency (Planning Division, Building Division, and Code Enforcement). The reviewers ranked the proposals as follows: City Council 22 — 2 6/15/2021 Agreements for Enterprise Land Management System June 15, 2021 Page 3 Rank Proposer Headquarters Score (300 max) 1 Avocette/Clariti New Westminster, BC, Canada 244.5 2 Infor Public Sector, Inc. New York, NY 232.5 3 Com utronix USA, Inc. Lakewood, CO 230.5 4 1 TruePoini/Accela I Loomis, CA 1223.5 The top -ranked proposal was recieved from Avocette Technologies Inc. ("Avocette"), a system implementation partner, which proposed implementing the Clariti Cloud Inc. (Clariti) Permitting and Licensing System. The selection committee performed further due diligence of this top proposal, including having a multi -day, detailed, scripted demonstration and conducting reference checks with both Avocette and Clariti customers, including the County of Orange, which uses the Clariti system. The Clariti Permitting and Licensing application runs on the Salesforce.com cloud platform and includes numerous features the City was seeking, including the following: an online customer portal, GIS integration, mobile access for staff, robust transaction accounting, billing capabilities, and integration with the City's ePlan application. (Exhibit A is the agreement with Clariti and Salesforce for software subscription licensing.) As the application implementation and support vendor, Avocette will provide the implementation and integration services for the Clariti system, as well as the on -going managed services of the system using its ServicePlus offering. These on -going managed services will be provided through June 2026. (Exhibit B is the agreement with Avocette for the implementation and integration services; Exhibit C is the agreement for the on- going managed services.) For the selection portion of this project, the City utilized Park Consulting Group Inc. (PCG) to assist with the identification of software vendors, RFP development, and contract negotiations for the project. PCG specializes in Land Management System consulting and has assisted other local agencies with procurement and implementation services including the County of Orange, City of Newport Beach, City of Fullerton, City of Huntington Beach, City of Lake Forest, and the City of Aliso Viejo. The City would like to contract with PCG to provide project oversight and quality assurance in order to help monitor the ongoing progress of the project and assist with any functional issues that arise. (Exhibit D is the agreement for these services with PCG.) ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funding is available in the Information Technology Projects accounting unit 10920149 for FY 2020-21 to cover the implementation costs associated with FY21-22 and FY22-23. Staff will request a carryover of the FY20-21 appropriation to provide funding for the next City Council 22 — 3 6/15/2021 Agreements for Enterprise Land Management System June 15, 2021 Page 4 two years. In subsequent years, contract funding will be budgeted in Specialized Systems accounting unit 10920143 and charged back to user department budgets, many of which are in the General Fund. The following is an estimate of the account distribution by fiscal year; however, the actual amounts for each fiscal year may vary based on the timing of the system implementation. Account Unit — Account FY FY FY FY FY Total Account# Description 21-22 22-23 23-24 24-25 25-26 10920149- Contract $1,454,439 $242,406 $1,696,845 62300 Services 10920149- Software $265,941 $281,941 $547,882 62306 Maintenance 10920113- Contract $79,443 $79,443 $79,443 $238,329 62300 Services 10920143- Software $290,399 $299,111 $308,084 $897,594 62306 Maintenance Total $1,720,380 $524,347 $369,842 $378,554 $387,527 $3,380,650 EXHIBIT(S) 1. Agreement with Clariti Cloud 2. Agreement with Avocette for Implementation Services 3. Agreement with Avocette for ServicePlus 4. Agreement with Park Consulting Group Submitted By: Jack Ciulla, Chief Technology Innovations Officer Approved By: Kristine Ridge, City Manager City Council 22 — 4 6/15/2021 u ...).scar iilpfloirt Agreement Vnrsinn: 3.19.9 Release Date: February 2021 Copvright 2020 Clariti Cloud Inr, All rights reseNv d Inru'rw6un in LIII& dULUnlunl i6 aUbjUUI LU LhJM)C wILhUJ'. IIULILC All InrUnn IDLlun III Lhl£ duLurnuni ib CUOG(tCnliJ and pruprictary lu Clari Li Cluud In, and is SUI]Je Ct to the nondiSCIOSUre CIaUSe Of your in[liviciuA Or Corporate agreement. This [IUCGrrent iS fo, rlformational ind tr.ining purpoSeS only, anol may not be sharer! nuts. rue of your organization without ohtaining the express written consnnt of Clariti Clourl Inc. Clariti Cloud Inc. 1 A6(i-999.1946 into rvclantisoftware.can City Council 22 — 5 6/15/2021 y : lariti i it I llf �IIP � This Subscription Agreement effective the Effective. Date indicated below is maoo by and between Clariti Cloud Inc. of 422 R'.chards St, Suite 170, Vancouver, BC, Vh13 2Z4 ('CLARITI") and [he Cuslomer idenlified below (Ihe -Customer') (colleclively the -Parties" and each a -Party'). For valuable consideration, the receipt and sufficiency of which earn of the Parties acknowledges, the Parties hereby covenant and agrea as follows: 1- Introduction for technical support made by otMorrier or any user;: to e.alesforce-corn will be subject to an additional fee payable by customer. I.I. Clann ( CLARITI ) Is a pmpnLtary, Ir. WdLllar. wuh-based software solution for municipalities. accessible through the Apex Platform^" online platrorin (the -Apex Plattortn') operatHd by SalHstorre.rorn Inc,. (Salesforce.com ). 1.9_ The details of Cuslwner'sas:esii lu and use of Cl ARITI, including the number of authorized Users (defineo in paragraph 4.1). will be specified in written quotes and purchHse orders issued by the Parties. Purchase ortlers arc sent from the Customer to CLARITI. from time to time (each an 'Order"). which are governed by and form part of Ihis Agreemenl. The InillAt Order is attached as Exhibit B and incorporated Ilerein by reference. 1 Customer s access to antl use of CLARITI and the Apex Platform mu guvlanLd by Lhis Agmurnurt and LhL SalLsful LU.cunl End Use Subscription Agreement between [he Cuslomer antl Salesforce.conl attached AS E%hlblt 'A" to th16 Agreement (collectively file 'SFDC Agreements). By signing this Agreement. Customer acknowledges and slgnlflus to CLARITI and SOILSfurc,L.Luai that LustuniLr has undLrstuod antl agreed to the Salesferre.rom End User Subscription Agreement. If there is any mt.onA1ATHn,.y or Ln11TIICt betwHell tills AgrHarn Hllt and the t,,FUC Agreements, then this Agreement will take priority and govern regarding CUslomerh a(Xebb to and Use 01 CLARIII ano Ihe rely Llor,hlp belween Customer antl CLARITI. and the SFDC Agreements will take priority and govern reganiinq LLIStOIo8r'A accHAs to and uAH of the Apex Platform and the relationship between Customer and Salcsforce.conl. 2. Term and Services 2.1. Term of Agreement and Orders: The initial term of this Agreement is for the period set forth in the initial Order commencing on the EffCLLVL DULL ([ILL:'initial Term"). unl Lss lutminalLd uutllla by Lllhcl Pally pursuanl 10 [his Agreemenl. Unless expressly staled olherwise in an Order, this Agleenlenl will au[onlaLICHIly renew lot addilional one-year periods (each a Renewal Term), unless terminated earlier pursuant to this Agrucmlalt or unless Llthor Party glvLs ❑u[ILL of nun-ronowal to thu uthor Party by no later than ninety (90) days before the end of the Initial Tenn or the thilin-c.uirtint Renewal Term. For PurpaAHA or tIIIA Agreement, tlH Initial Term and all Renewal Terms are referred to collectively as the "Term The Lerin of each Order will ronutlence on file eueclme dale speCilled on ore Order and expire on the expiration date specified in the Order. unless tHnnlna[sd Harller pursuant to ells Agreement or file terms oT the Umr. Any changes to the Order quantity must be submitted 30 days before renewal. Each Order will automalically renew for additional one-year period, 61 he list price and quantity in effect at the time of renewal unless: (a) the Order is terminated earlier pursuant to this Agreement; (b) either Party gives notire of non -renewal to the other Party by no latcrthan ninety (90) days before the end of the Ihen-qurrpnl Term of Ihe Order, or (c) the Carder expre„ly,Iale, that it will not automatically renew. 2.2. CLARITI Services: Subject to the provisions of this Agreement and [he SFDC Agreements. CLARITI will provide [tie Cuslomer [he Services during the Term to arras and use thrnugh the Apex Platfnrm: (a) the CLARITI modules specified in valid and subsisting Orders: and (b) online training and technical support materials for those CLARITI modules (calloLlivcly. lhL "CLARITI Services'). 2.3. Optional Services: CLARITI will provide optional services to or Tor Via banestt or CUAtomw (the -Optional Services'), As Spouted In applicable Orders. Unless otherwise agreed in writing by the Parties. Optional ServloeS w ll be provided only during [tie 1 ern) and Subject 10 Ih1, Agreement and such additional terms and conditions (including payment of additional fees) as agreed in wntlnq by thH Parties. 2.4. Orders, Each time Customer wishes to request CLARITI Servires and Optional Services (rnllertively. the "Servires') from Cl ARITI, Customer will sign and deliver to CLARITI a completed Order in the form prescribed by CLARITI. An Order submitted by Customer will not be binding on CLARITI unless and until CLARITI accepts [he Order in writing. 3. Customer Data 3.1. Ownership of Customer Data, CLARI I I w.II not argulrH any right, title to interest in, to or associated with the data provided by Qlstomer or (:reeled by Cu3lomer using It)e Service, (Lollecllvely, [lie -Customer Data ). 3.9. Storage/Return of Customer Data: Custnmer flats is stored by Salesforce.com in the Apex Platform and is subject to the Salesforce.com Fnd User Subscription Agreemenl. At any little upon requesl by Cuslomer durng the Term and within thirty (30) days after the and of the Term. CLARITI will request that Salesforce.com return all Customer Data in the Apex Platform to Customer in accordance with the Salcsforee.corrl End User Suhacriptinn Agreement CLARITI antl Saleafnrrecnm are not respnnsihle for the privacy. security or lntegrnty of Customer Data that is transmitted outside the Apex Platform. 3.3. Consent and License of Customer Data: CLrtaln SLrvIct,s may I equire that CLARITI and Salesforre.com access, use. process and transmit Customer Uata, and certain CLARI I I modules or Addltonal Ta11Lhon AlltlBA (inclUd ng data integration with Customer s systems) may result in Customer Uala being Ir<]nymilled Irorn Ihe Apex Plallorn) IU other corrlpuler 5y5LelnS- Customer authorizes and consents to such use of Customer Data by CLARITI and Salesfnrce.corn, and hereby grants to CLARITI and Salesfurce.com a non-exdus'.vc, royalty free, world-wide right antl license during he Tenn to access, copy, process and olherwi,e use Cuslomer Dala as may be. required to provide the Services, perform CLARITI s obligations under this Agreement or to create Anonymized Data '"Anonymized Data' means Customer Data which has beul stripped of information potentially idenlifyl nq Cuslorner or which (:onlains any Per;;onal Inforrnarion, and has been manipulated or combined to provide ganoralized anonymous information that cannot be reverse -engineered to Identify the Custorner or identify an individual. 3A. Disclaimer : Use of (',Ilatnmer Data is at Cusinmer's own risk. Customer is solely responsible for. and bears all risks and liabilities associated w'.th, all Customer Data. CLARITI does not have any control over Ccstanlcr DATA AND is nor respunsiblc or liable fur ualcuor-LL.LUolY storage of Customer Data or the deletion, correction, destruction, damage, loss of or failure to store any Custamcr Data. CLARITI magus no representation, warranty, condition or guarantee of any nature or kind wlla[suuvur, whothcr cxyress, implied ur sraLunary, ur arisinq (turn custom or trade usage or by any course of dealing or course of performance. regaroing Customcr Data, and disclaims any and all respans'. bility and liability for Customer Data to the fullest extent per by law. 4. Authorized Users 4.1. Users* Customer will access and use the Services only if rouglI Customer's authorized representatives (each a "User") with a valio ono subsisting account (each an "Account') and usarname and password issued ny or on behalf of CLARITI (cnllertively, "Codes'). Custnmer will appoint and authorize one or more Users (each an "Administrator') to appoint other Users and administer Customer's use of the Services. Custamcr will no[ aulhuri,c more Users [hart Lhc rwrnbcruf Users specifiLd in valid and subs'. stinq Orders. A User whose employment has been terminated by Customcr or who will utherwise no longer use the Scrvice may be replaced with a new User. Customer is fully responsible and liable for, and bL:ars all risks rclaLinq to, all usu of Lhc Services by Users and all acts or omissions by Users antl will ensure that all Users comply w!th the terms of this Agreement and the SFDC Agreements. 4.2. Registration/Changes: CLARITI may refuse to regismr any individual aS a User, art(] may, aclinq reasonably, reslrirl, ,u,pend or terminate (in whole or in part) the permission granted to any User to access and use the Services. A User's perrission to access or use the Service� Will alltolrlatiCally be terminated if Salesforcc.coni suspends or terminates Ihe Users penni5xion to access or use the Apex Plalfurrn. 2.5. Technioal 5upport. Customer w'.II ensure thatII reauesis for [pacnniral Auppor[rnr tlr (t) gy�vires or Aystem warranty antl YheApex - art eeific-to the User platform are direcff�E �CytTj3 �t}Y' I }§I and not to salesforre.com. An request fo �ifl hey are issued and may not h. any other person. Copyn� it )0d0 ClaPh Cloucl I,,,. Art ngnt> iixlved. y : lariti Customer will ensure Thal all Users keep (heir Codes secure and conGdem.ial at all times sort not perm'.t any nther persnn to use their Arrnunt fir Cnr1eR, and immediately notify CLARI I I if they know or suspect that any Account or Code has become known to or used by any un3tlthor17ed person. Customer is fully responsible and liable for the security of all Cuslomer Codes and all use and misuse of Customer Codes and Customer Accounts. If CLARITI. in its discretion. considers a Code to be insecure or to have been used inappropriately, then CLARITI may immediately cancel the Code without any nnhCe. to Cr1.9tnm Br, tha affected USBr, or any nther persnn. 4A4 Disclaimer: Codes may not prevent unauthorized access to Cuslorner Dala or ogler inlonnal!on Customer or Users may use in connector) with the Services. CLARITI is under no obI'.gation to verify the ar,Lual idenlily or aulhonly of The user of any Cudes. Accounts or the Services, and is not icspons'. NO or liable for unauthorized a¢CSS to the Services or any unauthorized or alleration, lhell. or destruction of Customer Data through accident, fraudulent means or devices. or any other method. unless the direct result of CLARITI s actions or gross negligence. 5. Fees 5.1. Fees -General: Customer will pay to CLARITI the applicable fees (Lhe "Fees') for The Services as spPrnled in Orders or as nthenivine set forth in this Agreement. If the Fees are not specified in an Order or this Agreement, they will be based Llpon the rotas In the currant Schedule of teas available on CLARITI's websites (the "'Fee Schedule ). which may be changed by CLARITI in its di,,malhon from IimH In hr,RH H,pt-based Fees will be baseo upon the total number of Users specified in applicable Orders. whether or not tie corresponding Accounts are actively used during the billing period. All Fees in Orders are annual. and unless otherwise expressly "set Iorlh in an Order, Users added during a bilhnq penal will be sublecl to paymont of Fees on a prorated basis. 5.2. Fees — Data Storage' The Services include an amount of onto ilnrage calculaled on a per User ha Rr.;. as specified in the applicable Order. If the ammmf of data Mrtrage user) by Customer miring a hilling perind exceeds thuse limits, Custunrer will be charged additional Fees based upon the then Current Fee SCh CCule. 5.3. Fees — Full Sandbox(s): The Servires require a 1 Full SalesForre sandoox be quoted and purchased for the purposes of receiving ongoing CLARITI updateS. The Full SandbOX Shall be rafre9had to ri the SalesForce production erg on a quarterly basls. The Full Sandbox may be used by 0111Pr parlles, (Cuslorner, CLARITI Parhhers) for other purposes With the unclerstanding that they are aware and iespons'. Ole for preserving any of their inudilical!ons, as tie quarlerly sandbox relresh will remove those changes to match the production erg. 5A4 Taxes: Fees are exclusive of all applicable federal, state. provincial. county. Inunicipal and other sales, use, value-added. property, excise. import. foreign. withholding and other governmental taxes. duties. charges. levies. roe,. excises, lanrr-, and assessments of any nature whafsnever now or hereafter imposed (rnllertively. Taxes'). Glsfnmer iR solely responsible and liable fur, and will pay to CLARI 11, all I axes (other than corporate ncome taxes payable by Cl ARITI) associated with based on or due as a result or The Fees. and all related interest. penalties and P.xp P.nRPR. 5.5. Payments: For BILII Order, CLARITI will prepare and deliver an Involce to the Customer or Reseller setting out the applicable Fees and Taxes payable to CLARITI. Each invoice will he due and payable in accordance with the payment terms and method set forth in the Order or otherwise agreed to in writing by [lie Parties. CLARITI may deliver invoices to Customer by email. If payment is due beyond 45 days in arrears of Term, CLARI I I may Cancel Cuslornen cGensing. 5.6. Compliance — User Services, - Customer understands that for the SeNwes identified on the Ser3lon 5.5 Involce, there are certain Claritl and SSI6SrOmp-com licelrSe capabil Iiea and Iimilahont per Cuslomer Org that are rnntrachhsl in nature (e. g., the limit nn the numher of CI IRfnm nhjedR is not limited as a technical manor by the Services) and therefore the Customer agrees to strictly monitor and manage all System Integrators. Technical Staff and Users' use of such subscriptions in the Customer Ong and adhere to the rapahilitieR, The suhsrript nn rapshilities are dnrumented here C'lacil A.1F. and fa�ttlF:L.JfatmJ..[untu4uns- CLARITI may itself review Customer's use of subscriptions at any time Through The Service. 5.7. Compliance — Customer Community, Community Plus Services: - Cus)orp{gf Far�('f}i{u`ips mat for (he Customer Community Scrviccs idcn[ifie a is e w �.b invoice. d Custumcr User logins in the applicable Org exceeds The Permited Number of Monthly Loglns (as desrriherl in the Order) in Porn of fnur r-nn RerutivP ralenrlar mnntnR, Heseller w'.II be charged 1.5 tinies the per -Login price (based on the "MonthlylUnit Price sperified in the invoice) for each excess Customer User login in such fourth month and in each consecu.ive month thereafter in which the aggregate number of Customer User logins in the Org exceeds the Permitted Number of Monthly Lugina. Such auditional fees will be charged to Reseller monthly in arrears in accordance with the billing antl payment methods sf1PCIf ed shove.. Linn Red loginR sip. forfeited at tho and of Poch month and do not roll over to subscgucnt months. The beginning and end of each calendar month will conform to U.S. Pacific Timc. 5.6. Audit: - CLARITI may audit use of User Services and subSGnplions Through The CLARITI and Salenforce.corn Service. Should any audit reveal any unauthorized use of Services, Customer agrees to pay to CLARI 11, within fogy -live (45) days of CLARI 115 notice of the audil results the price charged by CLARITI to Customer for the applicable Scrvicc in the same Org showing unauthorized use (taken as a group), beginning with the date of the first violation through the end of the then current subscription term (the -I rile Up Payment')- Upon payment of the IUp Up Payment, all Services showinq unaulhoriZed use will he converted into (.On pliant Services and invoiced accordingly. 6. Apex Platform 6.1. Access to Platform: Customers access to antl use of the SerVICeR will depend upon tee access to and use of the Apex Platform (alxo referred to as an "Org , "Sandbox'. or "Salesforca Organization ). which is operated and controlled solely by Saleslorce.Corn, and is suhjecl to the Salesforce.com End User Subscription Agreement. 6.2. Disclaimer: CLARITI has no control over Salesforre.com or the Apex Platform And is not responsihla or liable for trio Apex Platform or any related matters or any act or omission by S3lesforre.eom or any of its penSGMP.I or repre .,enlalrves. 7. Restrictions re Services 7.1. Restrictions: CL..stoiner will use the Services only as expressly authorized by this Agreement and only fur Custanler's own internal business purposes, and not far any other purpose whalsoever. wilhOul lindlinq the generality, of the foregoing. Customer will not cirectly or ind'. rectly: (a) use. disclose, or provide or permit access to or use of, the Services crept as expressly authorized by this Agreement, (b) copy the online training and technical support materials except as necessary for their LISP as expressly Set forth In this Agreement, (c) assign, authorize, license. suhGcense. grant. sell, resell, -here, lend, lease, loan, transfer, publish, transmit, publinIV display or perform. diglfihul(h, fool. create any nare.,[ in, nr olherwi.+A give or make available or permit the LISP of or commercially exploit the Services or their functionality or performance. by or for the henefit of any Omar person. with or without rharge: (d) modify or create derivative works from or based on the Services (e) creale link:; to or frame fir mirror the Services: (1) nl,er. attempt in rlrrllmvP.nf, deRlrny, nhRrllre, or ramnvP any nnflrsR prnprl Ptary marks or codes, means of identification, or Ol giial rights rnanayeruent tools or information security or control measures (including licenar keys). Or ayneemenu (including end user agteemenls) on. in or in relylion to The SP.MCP.R (g) rP.VP.rRP. P.ngIn P.P.r or 3rrP.RR the SP.rvICP.R or th P. ApP.x Platform in order to: (1) create a competitive product or service, or a product or service using similar ideas, features, fLlortlOnS or graphics; or (it) ropy any ideas, feaares, functions or graphics of The Service; or (h) permil, assist or encourage any other person to do any of the foregoing. 7.2. Prohibited Users/Uses: Customer may not access or use hie Services or the Apex Platform if Customer is a direct competitor of Saleslorce.com or CLARITI, or for me purpose 01 rnonlLUrinq dvalldb,hly, performance, or functionality, or for any other bcndhmarkinq or eonipet!tivc purposes. Customer will not, and will ensure that its Users eto not, use tie Services: (a) for any unlawful or immoral purpose; (b) to send spam or otherwise duplicative or Unsolicited messages prohibited by applicable law; (c) to send or store infringing, obscono, throatening, libelous, or otherwise unlawful or tortious material, includ, rig rnatelial hanoful to children or in violation of third p irly privacy nghe,, (d) to sand or SLore rnaLHrial r:onla,nmc? software viruses. worms. Trojan horses or other harmful computer code. files. scripts. agents or programs, (s) to Interfere with or disrupt the Integrity or performance of the Services or the Apex Platform or the cata contained lherartY, on (f) To 311arnpl to gain uraulhoriied a1.1;8ss Lo IIiH Services fir Ihx Apex Platform or related systems or networks. Customer will not. and will .coal asp with the A&g Rlat7orm or the Services without the fibj` 5Q0 Jwritten consent of CLARITI and Saleskrn:e-corn- Cuslorner will use Commercidlly reasonable (=npynght 20T0 C=tooth Cloud Inc. All 11P.hu reserved. y : lariti efforts to prevenl unnulha;Led access to or use of [he Services or [he Apex Platfnrm and will promptly notify CLARITI of any rnauthnrizerl acres to or use of the Services or the Apex Platform. 7.3. Changes: Customer acknowledges and agrees that CLARITI Tray in its r ixr.relion change 'he Services troll] IIITIP In IIITIe, hill shall provide notice of material changes to Customer. If any substantive changes to the Sarvlcas are not approved by CUSiemef, than Customer 811,111 have the option to terminate the Agreement in its sole discretion. 'substantive Changes' means any mange .teal lunnarnanlally changes the nalufe of Ilia Services Offered to the Customer. 8. Proprietary Rights 8.1. General: CLARITI and Il] IICGI5u6 Will at all Lio,.s UWn and maid all right, title and interest (including all intellectual property rights) in, to and associatud with the Scrv,us and all rdatu] content, software and technologies. Salesforce.rom will at all Tines own and retain all right, title and ifl ems'. (indudimy all ifIelloclual pmpuly dyhls) in. W and associated with the Apex Platform and all related contem. software and technologies. Cls orlICI will no', aoyuim any right, IIIIC or inlcrosl in, to or associa[cd with the Services or the Apex Platform or any related software or technologies, exrapl for [he limited lirenne ,el firth in paragraph 2.2. &.z. CLARITI Marks' ell T1I. ClAnti Cloud Inc.. T. and related loyos and marks are the trarlernarks of CLARITI ("CLARITI Marks'). Customer will not acquire any license to use. crony right. title or interest in, to orassociatcd with. any of those trademarks. 8.3. Disclosure of Customer Information to Salesforce.eom: CLARITI will disclose information regaroing Customer and Orders (including cui[acI infunialiun rcyardiny CuoluniLr'S represunlalivu9) to SeleSforce.com. CLARITI has no Control over, or any responsibility or liability fur, Salu8furcu.uum'8 culluction, use, or disdoeurc of that information. 61 c CLARITI Property ✓# Reservation: CLARITI expressly reserves all rights in CLARITI Property. including all intellectual property rights. All right, title and interest little CLARI I I Property, and any update, modification. adaptation, translation, customization or dcrivativc work thereof, is and remains wilh Provider (Or Provider's Ihird party suppliers, as applicable). The CLARITI Property is licensed al A Subscription basis and not "sold' to Custorer. CLARITI and its licensors will at all times own and retain all right. title and interest (including all intellectual property rights) in. to and associated with the CLARITI Property "CLARIFTI Property, means the SArviceA. CLARITI Marks and Anonymized Data. and all materials provided by Provider and not specifically granted to Customer. 9. Representations I Disclaimers / Liability Limitations 9.1. Representations/Warranties of Customer: Customer represents and warrants to CLARITI that now arid it all times during the Term: (a) Customer has the right. power. capacity and authority to enter into art(] perfonll its obhgatons utter [[its Agreernenl and Id grail the Lrenses, authorizations and permissions set forth in this Agreement (including regarding access to and use O1 Customer Data), (b) all information provided by Customer to CLARITI in an Order or otherw'.se is true. accurate. curront And romplele; Ann ((.) Cuslorner's use of the Services Complies will) all applicable local. state. national and foreign laws. treaties and regulations. including those related to data privacy, international communications and the transmission of technical or personal data and (d) the provision of, or lransnlission of, any Cuslomer Data to CLARITI and the use Of such Customer Data for the purposes described in this Agreement does not and will not violate or infringe the rights of anv person and Customer has obtained all appropriate and necessary cons rats to do so. 9.2. Repre5entation5/Warrantie5 of CLARITI! CLARITI represents and warrants to Customer that CLARITI has the eurpurate power, capacity and authority to enter into this Agreement. Functonality that was eunfiyuredldevuluped by CLARITI and has unexpUo[cdly stopped wurldflq is covered for up to one year from the date of implementation. ('System Warranty") Note that wirrintied items can only be diagnosed by CLARITI. Custom development performed by any non-CLARITI entity and functionality related to peymenl prnressing is exHuded Frio] Sys[Pm Warranly. 9.3. SalesForce Development Lifecycle Restriction: Customer agrees if) have its iechnical staff or system integrator staff maintain envirollnlclnts and best practices desClbed in Track and Synalronize Development Changes'. "CHAPTER 5 Release Managementare excluded from Serunn g.2 System Warranty. 0.4. No Other Representations/Warranties. The rcprcncnlalions and warranties set forth in paragraph 9.2 are in lieu of all other represenlalions, warranlies, cnnrlilions and guarantees from CLARITI. The Services are provided as is and with all faults'. and without any, SUBJECT TO THE SYSTEM WARRANTY, raprasentntoils, warrantIOS, condltlund or guarantees of any nature or kind whatsoever, whether express, implied or sle[u[ory, or at ng Isom cuv,om or Irade usage err by any roursa of deahncl or course of performance, including any representations. warranties. condilions or guarantees of or relating to. accuracy, capacity, cornpleleness, delays. durability: errors, fitness for a particular purpose, lack of viruses or ollier harmful conlponerll, errors, or interrupted Servile; merChatilabilily, non-infrinycndcit; performance; quality; results, suitability; timeliness: title. or workmanlike ellbrl; all of which are hereby disdairtled by CLARI I I to hoe fullest extant permitted by law. Without limiting the generality of tic foregoing. CLARITI does not represent, warrant. or guarantee that: (a) tie Services will be secure, timely, Lninterrupted or error -free or operate in cornoination with any other hardware, software, syeterti or data, will meet Customer'; requirements or expoclalions, or will comply with Appll cahle laws or be free from errors or uninterrupted service. (b) errors or defects will be corrected. or tic) the Services and related software and systems are free of viruses or other harmful components. 9.5. General Disclaimer: Use of the Services and the Apex Platform is at Customer's own risk. The Services and the Apex Platform may be affected by numerous factors beyond CLAHITI's cuntrul, and may nut bu continuous or unitllerripled or secure. Secuhly and privacy risks cannot be Phm,nater. Cu StOTP.r 6 Solely respnnalhle fnr (1J4tomfirR and Uners nFe of the Services and the Apex Platform. Customer hereby acknowledges that the Services may be subject to limitations, delays, and other problems inherent in the use of [he Internet and electronic communications. arid CLARITI is not responsihle nr Iiahle for any delays, delivery failures, or other Uanragc rescuing Luny such pwblans. 4A6. Liability Limitation: CLARI 11 WILL NOI BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEOUFNTIAL DAMAGES ARISING OUT OF THIS AGREEMENT (INCLUDING. WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS. GOODWILL. USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT, BREACH OF WARRANTY. OR IN TORT. AND EVEN IF CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AND THE CUSTOMER HEREBY RELEASES CLARITI OF SAME. IN ANY EVENT. CLARITI'S LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED ONLY TO DIRECT. VERIFIABLE DAMAGES. INCLUDING BREACH RFSPONSF COS S, HFGIJI At CRY FINFS ANO PFNAI Ill-;, AS WH I AS CREDIT MONITORING EXPENSES. AS APPLICABLE. ARISING FROM CI ARITI'S NFGI I(;FN(.F MATFRIAI NON-FIJI Fit I MFNT OR BREACH OF ANY WARRANTY OR COVENANT. OR ANY MATERIAL MISREPRESENT Al ION, EXPHESSLY PROVIDEL) UNDER IHIS AGREEMENT. (A) General/Definition: lhis paragraph 9.G applies regardless of any neyllyeneu or curd fault ur wrunydalny (Induolny fundamental breactn or gross negligence) by CLARITI or Salesforce.com, and even if they have been advised of the posslblllty of the loss or damage being Incurred; and In this Paragraph 9.6. references to "CLARITI" and "Salesfoice.coim' ncluoes hear respective past, present and future directors, uffiLers, cnrpluyuus. agen's, represenlalives, service providers, subcontractors, suppliers, hoensorA, licensees, and each tit them, Jointly and severally. 9.7. Fair Allocation of Liability Customer acknowledges and agrees that this Agreernenl presents a fair allocation of risk and Iiabilly, which is rcflcrtcd in the Fees to be paid by Customer. 9.8. Cyber Insurance: CLARITI shall he. required to retain Cyher Insurance. with limits not less than $2.000.000 per occurrence or claim. $?,000.000 aggregate, during the Term of this Agreement. Coverage shall be Sufficiently broad to respond to the duties and obligations as is undertaken by CLARITI in lhis Agreement and shall ridude, hill no[ he Ilntl[cd to, dalms Involving sccunty breach, system failure, data recovery, business inleiruplion, cyber extortion, social engineering, infringement of Intellectual property, Including out not limited to Infringement of copyright. trademark. trade dress. invasion of privacy violations. information theft. danraua to err destructlun of eleetrbnlc Infurrnatwn rcluasc of private due to not follcl Qobggtj) descrihed in sections -Chapter 2. Development Environ )ants'. for single and multiple projects. "CHAPTER 4 (=npyng)t 2020 Clnntl Cloud Inc. All nahu re5ervcd. iiiQ7ri and alteration of electronic info6jtltwy12-0nT jolicy shall provide y : lariti coverage for breach response costs. regulatory Gnus and penallies as well as credit mnmtnring expenses. 10. Indemnity 10.1. Indemnity: Customer will defend. indemnify. and save and hold harrrlless CLARITI ;and its personnel and represen[atves front and tgaiHSl All Claims and Proceadings directly or indirectly arising front, connected with. w I Platinq to Custorer's else of the Services and t[w Apex Platform, or any actual or alleged negligence. misconduct or breach of this Agreement or the SFDC Agreements by Customer or any other person for whom Customer is under this Agreement or in law responsible. or any breach of Customer's warranties under this Agreement- Customer will assist and co-operate as - fully as raasonahly required by CLARITI in the defenre of all Ihini-parly Claims and third party Proceedings. Additionally. CLARITI will defend, indemnify. and save and hold harmless Customer and its personnel and representatives from and against all Claims and Proceedings directly arising from any aclunl gross negligence. wilful misconducl or material breach of this Agreement or the RMC. Agreements by CI ARITI or any nther person fur whurn CLAHI I I is in law responsible, or any breach of CLARI I I's express warranties under this Agreement. Cl ARITI will assist and co-operate as fully as reasonably required by Customer in the defence Of all lhird-party Claims and third party Proceedings. In this Agraement (a) "Claimsmeans claims. counterclaims, cunhpiaints, damands, causes Of action, liabilities, obligations, damages, losses, legal fees, costs, expenses and dishursements (including reasnnnnle stinrneys' fees and rnurt costs) of any nature or kind. whatsoever and howsoever arising. whether known or unknown, whether in law or in equity or pursuant to contract or statute, and whether in any court of law or equity or before any arbitrator or other body, hnard or tnhunal, and (h) "Proceedings" means artinns, suits, pmreerlings and hearings of any nature and kind in any court of law or equity or before any arbitrator or other body, board or tribunal. 11. Termination and Suspension 11.1. Termination! CI ARITI or Customer may in its nisrretinn terminate this Agreement fur cause if the other party fails to cure any default upon reasonable notice. This Agreementwill automatically ano immediately terminate if Customer's access to and use of [he Apex Plalform is prohibited by Salesforca.com. If this Agreement is terminated. Customer will promptly pay all Outstanding fees and charges. Each Order will autumatieally and immediately terminate upon the expiration or termination of this Agreement. 1 L2. Suspension of Services by CLARITI: Nnlwithslanding any n[her provision of this Agreement. if Customer fails to make a required payment under Ulis Agreement, CLARI II may iminedialely suspend the provision of all or any portion of the Services upon 30 days notice to Customer. In addition to ollrer n(Ihlb ado renheclhe3 of CLARI II under Ihib Agreernenl, CLARITI may suspend, terminate or linhit (it) CLARITI s sole discretion) Cuslorner's access to or use of tie Services, orally parl of i[, with reasonable notice in order to: (a) prevent damage to. or degradation of the lntcgrfty of. CLARITfs systems. CLARITI Property or Customers systems. or (b) comply with any law, regulation, court order or other govenlmental request or order. CLARI I I will use commercially reasonaole efforts to notify Customer of a IimiLalion, suspension er [errn,nabon action as soon as reasonably practicable. In the event of a limitation or suspension. CLARITI will restore Customer's access to the Offering when CLARITI determines the avant nos been resolved. Netting in this Agreement will limit CLARITI s right to take any anion or invoke remedies or will act as a waiver of CLARITI s righla in any way with respect to any of the foregoing activities. Unless found to be done in bad failh, no such suspension will he a breach of ibis Aqreernent by CLARITI. entitle Customer to a refund or suspension of fees. or give rise to any Gabilily by CLARITI 10 Cu$h>mer Or any other person. 12.2. Publicity. CLARITI may reference Customer it CLARITI s advertising and prmmntinnal srtivitieq and materials (inrluding CLARITI websites) and may list Custgnier in any listinq or directory of CLARI I I customers subject to Customer's prior written consent. Upon rcqupst by CLARITI. Customer may provide CLARITI with Cusomer's trademark or logos for use in such promotional materials. lists and directories. 12.3. Solution Feedback - Access to personnel! For the purposes OT improving the CLARITI Product and Services, the Customer shall make avadahle In CLARI I Ps Product. Managemenl and Cuxlorner For LIP team representatives from the leadership. IT. and user rommunities on a quarterly basis. Solution leedback in lne term of surveys and online meetings will capture product usage, including but not limited to: CLARITI Solution fit, f'LARITI Model (Jidiia[ion, CLARITI and Periner Training 1,116/oron, Certification Attainment of Partner and Customer staff, performanm data. I his solulion ieedtlack may he shared wile CLARI I I partners in order to improve service levels. The frequency of this access shall be no more than a quarterly basis unless otherwise mutually agreed upon. 12.4. Solution Feedback - Product Usage: For the purposes of improving the Cl ARITI Product and Services, Prod Lhrt usage and performance data may be automatically and periodically trnnsmited to CLARITI premises for the analysis. Customer Data is not containad in this transmission 12.b. Solution Integration — Existing Salcsforce Apps and Ong: For Its pu tpgses of impnrhvinq the CLARITI PtndllCr integration inl, A Customers existing Salesforce Org with existing Applications. within 3 months of issuing a purchase order, the Cusloroei or CLARI I I Partner mall refresh the Full SanclBox providing in 5.3 to match production, install the CLARI II bollware it) the relrealled on1, legl bp3ine55 GnhCal 0110rease3, resolve any conflicts, and then move CLARITI assets into the production environment. I he CLARI I I assels shall be unconfigured. 128. Relationship of Parties: The Parkes are non-exrlosive independent rnnfracfnrs and nothing in this Agreement nr dnnP pursuant in this Aqreernent will create ur be construed to create a partnership, joint venture, agency, employment, or other similar relationship between the Parties. 12.7. Force Maleure: Notwithstanding any other provision of this Agraanlant, CLARITI will not be Ilabla to customer or any other person Tor any delay In performing or fallure to perform any of Its oollgatlons under this AgrHeftwnl In [he exlp.nl jrwforlrlenCe '.S flHl9yed or prevented drl l Ill Ally ranse or causes that are beyond CLARITI s reasonable control. Any delay or Iailure of this kind will not be deemed to be a breach of this Aqreernent by CLARITI. and the time for CLARITI s perfonmance of the affected Obligation will be exlerlded by a period that he ree3+enable in Ilse GhrGWtglan(:BS- 12.8. Miscellaneous! If any provis'.on of this Agreement is held to its invalid or unenforceable for any reason. then the provision will be deemed IO he severed front [his Agreemenl and the remaining provisions will cnnnnue in full fnrre and effect wifhnuf heing impaired nr invalinaten in Inv way, unless as a result of any such severance this Agreement would fail in its essential purpose. No consent or waiver by a Party to or of any hroarh by [he other Party in il5 performance of its obiigaliorhs under this Agreemenl will he: (.I) deemed or rnnstrued to he a cnnsent to nr waiver of a cni-Amr,ng breach or any other breach of those or any Other obligations of that Party, or (b) effective unless in writ ng and s'.gnod by ooth Parties. Except as axptassly set forts in [his Agreement, [he Parties' respective rights and remedies under this Agreement arc cumulative and not exclusive of any other rights or remedies to which the Parties may be lawfully untitled under this Agreement or at law or equity, and the Partics will be entitled to pursue all of their resperve r'. ght5 and remedies cnnrnrrently, consecuthvPly and 11.3. Sumlval: Notwithstanding any other provision of this Agreement. alternatively. In this Agreement (a) a reference to "this Agreement" and Scubuns 5, H. D. 10, and 12 and paragraphs 6.2, 3.1, 3.2, 3.3, 3.4, 4.4, 7.1 other aim'.let terms refers to this Subscriptiun Agreement and all Orders, and 11.3 of this Agreement. and all other provisions necessary to their each of which is incorporated nerenl by reference. as a whole and nOt just to interpretation or enforcement, will survive indefinitely after the terminatinn of the particular prnvisinn in which thnse words appear, (h) headings in this this Agreement and will remain in full force ano effect and be binding upon Agreement are for reference only arid do not define. limit or enlarge the the Parties as applicable. scope or meaning of this Agreement or any of its provisions (c) words 12. General importing persons include individual:;. partnetships, associations. trusts. uninrgrporAled nrganiLA[ions, snciehlss and cnrpnratinns; (d)woMs 12.1. Notices! CLARITI may deliver cinders, Invoices and other nntices Importing the singular number unly Include the plural and vice versa, to Custurner by entail, facsimile, or uelivery to the addresses on record in (e) words importing either gentler include both genders; (Q "including" CLARITI s Customer file. Customer will give all notices to CLARITI under means Includ'. ng without Ilmltatlon; (g) references to a day, month, or year. this Agresmen[ in vri..ing delivered by courier, by email, or by facsimile mean a calendar day, month. or year. unless expressly indicated otherwise: transmission to CLARITI s current address for delivery specified on in thecurrencyurrunLy aretheth,- Unitud Status of signature biuuk O t4 y� amen �s may be updatedfrom time O time wh terser. Ify I.,DUII l Aa2e�ica, finless expressly indicated otherSP1 5/2021 t:opy[lgl)t 2020 Csiltl Cloud Inc. All 1iphu re@erved. y : lariti 12.9. Enurement and Assignment The provisions of this Agreement will enure to the heneflt of and he hinning upnn the Parties and their respective successors anti permitter] assigns. Custunrer may nut ass'.gn tills Agreement without CLARITI's prior written consent, which consent may he withheld in CLARITI's discretion. CLARITI may assign or licen3e all or any portion of its rights and interests under the Agreement as it sees fit in its discretiun. Users are not part as to or beneficiaries of this Agreement. 12.1 U. Governing Law: This Agrcenlent and all related matters will be governed by, and construed in aCCoroance with, the laws of Calilornia antl applicable federal laws of the United States. excluding the United Nations Cunventoil On Contracts For I he International Sale Of Goods and any rules of private international law or the conflict of Iaws that would lead to the applioalion of any other laws. 12.11. Olspute Resolution! All disputes, controversies and claims arising under. out of. in connection wine. or in relation to this Agreement. the Services, or any related matters or any legal relationship essocialed therewith nr rderiven therefrnm (rnllertively "Disputes') will he referren to and finally resolved by binding arbitration under California law. The arbitration will be private and confidential and will be administered in accordance with Cal,fornm rules. The place of arbitration will be California, antl the language to be used in the arbitration will be the Enqlish language. Any awards rendered in any such arbitration are final and binding and judgnian[ tiraraun may be entered in any Lour[ hav!ng jurisdiction fur its enforcement. 12.12. Complete Agreement! Tlils Agrxarrient SHtR forth tlia HntlrH agruumunt of the Parties with ruspuct to the suuluct matter of this Agruunwnt and supersedes and replaces all previous and conlerr,puraneuus communications. representations. negotiations. discussions. agreements or understandings, whether oral or written, between them with respect to the subject matter of this Agreement. Customer's issuance, and CLARITrs aa;eplanoe ol, a purchase order or other 5irrrilar doCurnenl are for administrative ronvenlence only and any terms and r,a ntlltions r: Lnminwl In A purchase order of other document will be no force or effect and will not in any way arricil d or supplement this Agreement. This Agreement may be modified only by a written instrument signed by the Parties or their 4nCCHS5o1.5 or permitted aSSIgoS. IN WITNESS WHEREOF, the Parties, by their duly luthor17ed representatives, have duly executed this Agreement. Customse Narne of Custcxner By Customers Address Authorized Signatory Muiling Address: Fax Clariti Cloud Inn 9y A,.rthori�ed Signatory o par otl nt)Aq�d A ltlaoftwn ra.co ni Approved as to form, I Ry F�'odge Assistant City Attorney email Date 05/14/2021 Date City Council l=opy!IE.)t 2020 Clnlltl tdord Inc All iphrs resely crl. 22-10 6/15/2021 (.1lariti Exhibit "A" Salesforce,com End User Subscription Agreement This is an Agresnlem. between Salesrorce.com and the Customer and governs the Customer's access to and use of the Apex Platform and related services provided by Salesforce.com. This Agreement exempts Salesforce.com and other persons fron) liability or limits their liability and contains other important pi ovisiuns that Cuetumer should read. By signing the CLAN I TI Su Oscriptiun Ayrsanlant, Customer acknuwladges anti signifias that it Ilan read, Lindarstuud, and agreed to this Agreement. If Customer does not accept and agree to this Agreement, Customer may not access or use the Apex Platform. 1. DxtIn Itl In this Agreement (al "AppExchange" means the online directory of on -demand applications that work with the Service. located at http://www.appexchinge.com or at any successor wtibrdtes. (b) Reseller means Clariti Cloud Inc. (c) "Service" means the online, Web -based application provided by SFDC via http://wvww.salesforce.com and/or other designated websites, including associated ornme components but excluding AppExchange applications. a) rUsers" means Ynur Pmpinyees, representatives rnnslltants rnnirnrinrs fir Agents who Are Authnn7ed to use the Service And have hP.Pn supplied user identifications and passwords by You (or by Salesfurce.cunl or Keseller at Your request). (et You and Your means the customer entity which has contracted to purchase subscriptions to use the Service subject to file conditions of Illese End User S05"riplion Terrns. (r) Your Data means all electronic data or Information sebrnlned by You to the 5arvlca. 2. Use of Service. (a) User subscriptions cannot be shared or used by more than one User (but may be reassigned from time to lime to new Users who are replacing tormw U9w1 Who ItaVP tw ililriatHd PI11ploynlwit With Yoll or Otherwise Changed )nh StAtu5 of LlhCllnh And rill Orlgar require OSR of the SHIVICe). (b) You (if arc responsible for all activities occurring under Your User accounts: (if) arc responsible for the content of all Your Data: m) shall use cum mureialIy ruasunaUp ufforts to prevent unauthorized access to, or Lisp of, the Survicn, and shall notify HcscIler or Sal csfurcu. cum promptly Or any such unaulhOh[ed use You become aware of: and (iv) shall comply with all applicable local. state. federal and foreign laws ano regulations in usinrl thH Sp.ry ICP. (r.) You shall use the Service solely for Your internal business purposes and shall not (0 license. subliconse. still, resell, rent. lAiso. transfer. assign. distribute. time share or otherwise commercially exploit or make the Service available to any third party. other than to Users or as olherwifie f.OtdP.Olp elP.d by II)eSP. End User Subscription TPrn1S: (if) SP.rld Spam Or OIhe..rwi3e dupGCalivP. Or Ling Ohcil P.d n1P.6811get m V101aliOn Of AppllrAhlP Aw3: (III) SBnrl Or store Infringing, nh4rPOe 1hraAtening lhaln114 Or Otherw140 Ilnlawflll fir todiniiR nl AtArl Al, Inrlllrling matArl Al that m harmful to children or violates Third party privacy rights, (iv) send or store viruses, worms, tinge burnbs, I rolan horses and other harmful or malicious COdC. files scripts, agents or programs (v) interfere with or disrupt the integrity or performance of the Scrvicc Or the oats contained lhereirl: Or (vi) attempt to gain unaulh Oriaed access to [lie Service or ils related systems or nelwcnks (d) You shall not (i) modify, copy or create derivative works based on the Service. (if) frame or mirror any content fomhing part of tha Service. other than on Your own lntranets or otherwise for Your own internal husness purposes (m) reverse engineer the Service, or (iv) access the Service to order to (A) build a competitive product or service. or (B) copy any ideas, features. functions or graphics of the Service. 1 Services Provided. The Service will be mace available to You pursuant to the terms and conditions set forth in this End User Subscription Agreamant. Sslastorne.com shall (it not use, modify, or disclose to anyone Other than Users, Your Data; (if) maintain the sacurity And integrity of the Service and Your Data, (. if) provide basic support to Your Users, only to the extent such cases are escalated to SFDC by Rcscllcr in Rcsoller's discretion; and (iv) use commercially reasonable efforts to make the Service available 24 hours a day, 7 days a week, except for: (a) planned downtime (of which Salesforco.coin shall give a[ Icast 8 i)ours notice via the Service and which Salosforce.eonl shall schedule to the extent teasonobly procticablo during the Weekend hours from fi: DO p.m. U.S. PACIhC Time Friday to n:on a.m. U.S. PAC111C Time Monday), or (h) any unAvAllahlllty cauAAd by nimum StAnCAA haynnd .SiiI CGfUI'L0.LUIlla nuasunablp LunlrUI. II ILIUditic WIIIIUUI lltlllJLUH, ULLS of Gud, acts of guvpnmhunl, flood, Grc, earthquakes, civil whresl, acts of tcrrur. strikes or other labor problems (other than those involving Salesforce.com employees), computer, telecommunications, Internet service provider or hosting facility failures or delays involving hardware. software or power systems not within Salesforce.com's possession or reasonable control. arid denial of service attacks. 4. Third -Party Providers. Certain third-parly providers, 5orne of whigh may he listed or pages within $alesforce.COnf'S website and inr,Iuding providers of AppExchange applications. offer products and services related to the Service. including implementation, customization and other consulting servir:es ralalad to eusbnhers' use of Iha Service and applications (both offline and online) that work in conjunction will IhH SHrvica, such as by exr.hanginq data witn the Service or by offering additional functionality within the user interface of the Service through use of the Scrvicc s applicat!on programming iriLPi face. Sal esforce.rom does nol warrant any such third -party providers or any of their products or services, whel(her or nol such Of or services are cesignated by Salesforce.com as "certified." "validated" orotherwise. Any exchange of data orotner interaction between You and a third -party provider. and any purchase by You of any product Or service Offered by such third -party provider, is solely between You and such third -party provider. In addition. from time to time. certain additional functionality (not defined as part of trip Scrvicc) may be offered by Salesforpc.conh or Rcscllcr to You. for an additional fee, on a pasrtlrough or OEM basis pursuant to lerrns specified by the licensor and agreed to by You in connection will a separa.e Pu«:hase by You of such additional functionality. Your Lisa of any such additional functionality ,hall be governed by such form,.,, which shall pravail in the event of any inconsistency witn the terms of these End User Subscription Terms. No purchase of surh third -party products or services is required to use the Service. 5. �� Ice o c ImI c rig s express y gran c prsyAer, s1 es urec.cam reserves a rig foal in and to the Service. indutli li@Ilecwal property rights. No rights are granted Ca4'ou I tleunder other tnnn as express s Ithese End User Copyright L020 Clantl Cloud Inc. All rights reserved. (.1lariti Subscrplion Terms. The Service is deemed Salesforce.conl confidential infomlation. and You will not use it or disclose IT to any third parry except as permitted in these End User Subscription Terms. 6. Your Data. As between Salesforce.com and Yoe. You exclusively own all rights, title and interest in and to all of Your Data. Your Data 15 dcunlud yuur cunflclLntlal Infurnlaflun. and SalLsfurcL.ConI shall nut access Yuur Usur accuunts. Inducing Your Data, except to ruspund to SLNICL ur Technical problems or if Your request. Upon requesl by You nlade wilhin 30 days after the effeclive dale of lemlinalion or all of your Salesrorce.rorn User SubSedptond, SFDC will nlAke AVAIIAble fir You fur download a Tile of Your Data In commnii separatad value (.CSV) format along wlth attALhnlents In their native format. After such 30-day period, SFDC shall have no obligation to maintain or provide any of Your Data and shall thereafter, unless legally pruhil, tud, dulutu all Lf Yuur Data in its systLnls ur uthurwisL in its pussussiun ur under its cuntrul. 7. Combelled Disclosure. If either You or Salesforrea.om is compelled by law to disclose confidential information of the other parry. it shall provide the other party with prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance. at the other party s cost. if the other party wishes to contest the dISCIOSnrc. 0. Suggestions. You agree ,hat salesforce.com shall have a royalty -free. worldwide. transferable, sublicenseable, irrevocable. perpewal license to lisp. or incnrpnrate into the Servire any suggestions, enhancement requests, recnmmendatinns or nther feedhack prnvided by You or Ynur Users relatinq to the operation of the Service. 9. Fses. Contracted for fees for use of the Service represent a firm commitment i.e.. an order cannot be cancelecl during the term of the sub. (.nptionb. and the number of User subscriptions coni.racled for cannol be reduced in the middle of a Subscripllor) term. to. Tarminatlgn. You may not cancel or terminate an executed subscription order. User subscriptions will automatically renew unless (a) either party gives the other party. Or salesforce.com gives You. notice of termination at least 30 days prior to the end of The relovant subscription term, or (b) your Reseller's right lu resell the Service has been ',erine. haled or expired, in which case any existing subscriptions will cane true in effecl until the end of their then -existing term and salesforce.com will contact You to discuss renewal directly with salesforce.com. Any automatic renewal will be at the list price in effect at the time of renewal unless otherwise prior agreed in writing by Your Reseller, or salesforce.com, as applicable. Your use of the Service may be immediately terminated and/or suspended upon notice due to a preach attire terms of this End User Subscription Agreement by You Crary User, including but HUT IIInITbd To failure lu pay any fees due. 11. Data Storage. You are ehtted to TUB of dAGI storage or A per -user Iunrt of 20Mt3 per user, whichever is greater. Yau rrlAy purchase audttmonal storage if necessary, and you may contact Reseller for then -current rates. 12. F7e Storage. You are entitled to 11 CB of file storage or a per -user limit of 2MB per user plus 11013. whichever is greater. You may purchase addihonal lorogs if 1ecessary. FL1d you play contact Reseller for then -current Isles. 11 No Warranty. salesforce.com makes no warranties of any kind. whether express. implied. statutory or otherwise. and specifically disclaims all Implied warranties, Indurling any warranties of merr.hantshlllty or fitness for a particular purpose, to the maximum extant pflrmlHfld by applicable Iaw. 14. No Liability. in no event Shall salestorce.eom have any liabillly 10 you or any user for any damages whalsover, including but riot limited To direct, indirect. special. incidental. punitive. or consequential damages. or damages based on lost profits, however caused and, whether in contract. tort or under any other theory of tahit[y, whether or not you have been advised of the possibility of such damages. 15. Further Contact. Salesfurce.cunl may contact you regardinq new Selesfurce.corn service features and offerings 16. GOOOIe Ad Word, Program. SUWLU `UIDIUILS (hill IIIILIuputilu with Thu Guuylu AdWVlde prullljui dcputd un [TIC LUI11111V11tg JyUilablli y Uf IIIL Google Adwords applicalion programming interface ("API") and program for use with the Service. If Google Inc. ceases to make the Google Adwords API or program available al reAsonAbla tarns for file Service, S-AIaSTOICe.cOnl MAY cease p['ovldliq such Service features without entitling You to Any refund, credit, or other compensat.on. City Council 22 — 12 6/15/2021 Copyright 2020 Clantl Cloud Inc. All rights reserved. (.1lariti Exhibit "Be Clariti Cloud Inc, Order d` 1l I a r i t i Empowering Govennnore9 to „'rip Serve Efficiently From. Clariti Cloud Inc. To: City of Santa Ana 422 Richards St. Suite 170 20 Civic Center plaza Vancouver BC, V66 4W4 Santa Ana, CA 92.701 Canada Toll free 1.866.999.1846 accounungCJC1arniisoftware.com Terms: Net 30 Days QUOTE NO: C,2021-1.204 Currency: USD QUOTE DATE: April 23, 2021 Start Date: July 1, 2021 Quote Valid Until: July 30, 2021 End Date: June 30, 2026 CLARITI PRICE PROPOSAL SCHEDULE Annual Licenses Dosch piton Unit Price Units Purchased Year 1 Yea' 2FS319' Yoar 4Yoar5Clariti Standard Usw Soar License $10000(1 195 5195,000 00 $1950000000 $206,875.50r/Clariti Admin License $33900 1 $33900 $339 00 S359 65 S370.43 Clariti Panne( Admin License S1000 00 a $4000 00 S400000 $4,120 00 $4.243 60 S4,370 91 Clariti Community Logms - 2K/Mth Boodle" $8000.00 3 S8,000.00 S24,000.00 $24,720.00 S25,461.60 S26,225.45 Clanti Field Audit Trod 110%of Llconses) $19533.90 1 $19533 90 S19S33 90 $20,119 92 $20,723,51 S21,345 22 Clariti Full Sandbox (20%of Licenses) S39067.80 1 $39067 80 S39067 80 $40,239.83 $41 447.03 $42,690 44 Clariti Paid Support' • $39067.80 1 000 000 $0 00 $0 00 $0.00 Totals $265,940 70 $261,940 70 $290 398.92 S299,110.89 $308 084.22 Notes: 1, Clariti Standard User Seat includes 10 Custom Objects, Customer Community includes 10 Custom Objects. Total - 20 Custom Objects max. 2_ Annual Subscription Increases of 30/ to begin in Year 3_ 3. Any purchae- order yener ted on f6;s yuoto, mdkales acceptance ai ail term: and condBions on the avach.d Clw Bi SubecnpGun Agreement. 4 Warranry is provided concurrent to licensing subscription for Clariti releases less than i year old a. 'Clariti Cornrnun By Portal logins are provisioned as 1 bundle for year 1 and 3 bundles for year 2 and Portal Go -Live 6_ "Clanti Paid Support is waved if the customer is contracted with a Clans Cernfied Partner for managed services and support Exclusions:. 1, Product Support inducing workflow and configumfinn changes owsido of product warranty is excluded From Subscription fees_ (,anti l.loud Inc. 422 Rlchwo, St Suac 170. Vancouver BC, v6B 4W4 Canada wwH Snr4 Toll tree 1866 999 1846 City Council 22-13 6/15/2021 Copyilght 2020 Clai7tl Cloud Inc. All 118hts reserved. y AGREEMENT WITH AVOCETTE TECHNOLOGIES, INC. TO PROVIDE TMPT.E.ME.NTATTON STRVTCTS FOR T.AND MANACTMT•.NT SVSTr•.M THIS AGREEMENT is made and entered into on this I"day ofJuly, 2021, b_y and between Avoccuc Technologies, Inc., a Canadian corporation ("(2onsultant'), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of C'alifonria ("City"). RECITALS A. On August 24, 2020, the City issued a Request for Proposals (RYP No. 20-108) for an Enterprise Land management System and Tnrplenrentation Services. The RFP included extensive system requirertrcnts and objectives that are incorporated Ircrcin by this reference. It. Consultant represent, that Consultant is able and willing to provide such implementation services to the City for the Clariti platlimrr Fnierprise Land Management System. C. In nndcrtaking 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 rcastniably be expceted from a prolcssional consulting firm in the field_ NOW 'I I I FREFORb;. in consideration of the nrutwil and respective promises, and subject to the terns and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SE14VICES Consultant shall perform during the term of this Agreement, the tasks and obligations includin_y all labor, materials, tools, equipment, and incidental customary work required to fully and adequately cotnplete thec services described and sct forth in the Statancnt of Worl< attached hereto as Exhibit A 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 the Project I;ixal Price attached hereto OS Exhibit B and incorporated by reference. The total amount to be expended during the term of this Agreement shall be S1,171,079, plus a 309% contingency of $351,324. for a total not to exceed anuxutt of S1,522,40_ b. Payment by City shall be made within forty -rice (45) days following receipt of proper invoice evidencing work pertornred, subject to City accounting procedures. A 1O`90 holdback shall be applied against each deliverable. 'I he 10% holdback invoice will be issued ten I10) days after the final deliverable D26 — Go Live and the completion of all outstanding issues_ Paymait need not be made for work which fails to meet the City Council 22 — 14 6/1 M of 9 standards of performance sct foith in the Recitals which may reasonably be expected by City_ 3. TERM This Agreement shall commence on the date first written above and continue firr two (2) years through June. 30, 2023, unless terminated earlier in accordancewitlr Section 15, below. This Agreement shall also eovcr any and all services provided by the Consultant to the City prior to the execution of this Agreement. The Term of the AeJ•eement may be extended by a writing executed by the City Manager and City Attorney_ 4. INDF.PFNDFNT CONTRACTOR Consultant shall, during the entire term of this Agreement, he construed to be an independent Consultant and not an employee ofthe City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint vcaiturc relationship, or to allow the City to exercise discretion or control over the protcssional rnanncr in which Consultant performs the services which are the subject matter of this Agreement: however, the services to be provided by Consultant shall he provided in a manner consistent with all applicable snauJards and regulations govenling such services_ Consultant shall pay all salaries and wages, employer's social security nixes_ unemployment instuance and similar taxes relating to employees and shall be respousiblc fur all applicable withholding, taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and pctpctual liccnsc for CitV to copy, usc, modify, reuse, or sublicense any and all copyrights, designs, and other imcllecutal 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 Bala magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consullant under this Agreement ("Documents & Data"). Consultant shall requite all subcontractors to agree in writing that City is granted a uou-exclusive and perpetual license for any Documents e$ Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all DOCtlrllent, & Data. Consultant makes no such representation and warranty in regard to Doetanents & Data which were provided to Consultant by the Cary. 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, pnrpnses intended by this Agreement shall be at City's sole risk. G. INSURANCE Prior to irnilertakinr, performance of work under this Agr'eenrent, Consultant .Shall Iaintnin and shall require its subcontractors, irany, to oblain and maintain insurance as described below: a. Commercial General Liability Insurance. Consuham shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(,) and shall include, but not he City Council 22 — 15 6/1 of 9 limited to protection against claims arising from bodily and personal iniury, including death resulting thereli-otn and damage to property, resulting li-orn any act or recurrence arising out of Cunstdlant's opaatturs in the perlbrtnance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following. single limit coverage applying to bodily and personal injury, including death resulting therefionn, and property damage, in the total amount of $1,000,000 per occurmice, with $2,000,000 in the. aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s): (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions- b- Business automobile liability itrsuratrce, orequivalent loon, v,ith a combined single limit of not less than $1,000,000 per uccun-etec. Such insurance ahall include coverage for owned, (tired and non -owned autonnobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Scction 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurancc- Prior to cxnnrncaneing the pertin-manec o[ the work under this Agrcemev, Consultant agrccs to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. IfConsttltsnt is or ennploys a licensed professional such ns nn Architect or enr=-inter: Professional liability terrors and omissions) insurance, with a combined single )roil ofnot less than $1,000,000 per claim with $2,000,000 in the aggregate. e- C'.yber Liability Insurance, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggrcgacc. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agrecinem and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business inten-uption, cyhen-extortion, social engineering, infiingennent of intellectual property, including but not limiter) to infringctnetu of copyright, trademark. track dress, invasion of privacy violations, infoiniation theft, damage 10 or destruction of electronic intormation, release of private intormation, and alteration of electronic information. I he policy shall provide coverage for breach response costs, regulatory lines and penal ties as well as credit monitoring expenses- f The lollowing requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Ajrreennent- ii- Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City- iii- Ccrtificatx;s and policies shall state than the policies shall not be canceled ur reduced in coverage or changed in any other material aspect without thirty (30) days prior wrillen notice to the City. iv- Where the amounts or coverage provided by the certificates of insurance City Council 22 — 16 6/1 M1019 provides coven -age greater than those listed by this Agrecnnent, the amounts provided by the certificate, ol'insurance shall be incorporated by reference into the Agreement. V. Consultant shall supply City with a fully executed additional insured endorsennent. f if Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agi-cancnt. Such tcnrrination shall not affccl Consultant's right to be paid for iu time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work perfornned prior to approval of insurance by the City. 7. INDEMNIFICATION C onsullant agrees to defend, and shall indemnify and hold harmless the C:ily, its officers, agents, employees, contractors, special counsel, andrepresentatives from liability: (1) forlicr-sonal injury, damages, just compensation, resliunion, judicial (1requitat) lereliel arising out of claims lot - personal injury, inchding death, and claims for property damage, which may arise from die negligent operations of the Consulnmt, its subcontnictors, ngents, employees, or other persons acting on ifs behalf which relates to the services described in section 1 of this , -eennent-, and (2) lions any claim that personal injury, damages, just compensation, restitution, judicial or ecµlitable rclicf is dtrc by reason of the tams of or ctfects arising, from this Agicenicia. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restinttion,judicinI or equitable relief suffered, or alleged to have been SoI Bred, by reason of die events referred w in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant filrtltcr agrees to indemnify, hold harndcss, and pay all costs for thcc dctensc of the City, including lees 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 Agi-eenlent- City may make all reasonable decisions with respect to its rcprescruation in any legal procccding. 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 wilIkil misconduct of the Consuhanl. R. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infiingennem of any Ignited States' letters patent, trademark, or copyright infringement, including costs, contained in the work product ar doctuncnts provided by Consultant to the City pttsttartt to this Agreement. City Council 22 — 17 6/1 2 `i" 9. RECORDS Consultant shall keep records and invoices in connection with the work to be perlurmed under this Agreement. Consultant shall maintain complete and accurate records with respect to the casts incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or fur any longer period required by law, front the date of final payment to Consultant ttndcr this AgreCnrent. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make iranscripts 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, dOCLnnenG, proceedings, and activities related to Lhis Agreement fora period of three (3) years from the date of final payment to Consuhanl under this Agreement. 10. CONFIDENTIALITY Tf Consultant receives from the City intbnnation "'hich due to the nature of such infornation 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 degxee of care it uses to protect its own information of like importance, hot in no e\ ent less than reasonable care- "Confidential Tnfonnation" shall include all nonpublic information. Conlidential infunnation includes not only written inli nhation, hot also ioforrnaLiun transferred orally, visually, clecuonically, or by other nhcans. Cunlidenlial information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The Ioregoing obligations of non-use:nrd nondisclosure shall not apply to any infornraLion Lhat (a) has been disclosed in publicly available sources; (b) is, tuough no fauh of the Consultant disclosed ill it publicly available source; (c) is in rightful possession of the Consultant without arh obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independentl-v developed b-y the Consultant without reference to information disclosed by the City. I I. CONFLICT OF INTEREST Ci.AUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with perlornrance of services specified under Lhis Aurccncnl. 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 inforntaLion, or military and veteran status, age, national origin, anccatly, or disability, as dclincd and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related aclivilies or any services provided under this Agreement- Consultant affirms that it is an equal opportuniLy employer and shall comply with all applicablC federal, state and local laws and regulations. City Council 22 — 18 6/1 Mi of 9 13. EXCLUSIVITY AND AMENDMENT TlaN Agrecmenl represents the cornplcic and exdusivC statement between the City and Consultant, and Supersedes any and all other agrep11en1S, Oral Or writtell, between the parties. Ili the evens of a conflict between the term, of this Agreement and any attachments hereto, the terms of this Agreement shall prevail- This Agreement may not be modi tied except by wriuen instrument signed by the. City and by an authorized representative of Consultant. The parties a.orce that any terms or conditions of any purchase order or other instrument that arc 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 an_y party, or anyone acting cm behal f of any party, which is not embodied herein. 14. ASSIGNMENT Tnasmuch as this Agreement is intended to secure the specialized services of Comsultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior wriuen consenl 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 perlbrined by City personnel or by other- contractors retained by City - is. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of tcrinirlation- Tn such event, Consultant shall be entiticel to receive and the City shall pay Consultant compensation for all services performed by COnSnitam prior to reccipl of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Bxecxnive 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 IN! City lrnleSS prohibited by law, ;mcT C.onsulntot consents to the City's use thereof Rn- such purposes as the City deems appropriate. b. Payment need not be made for wort: 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 an-y right or remedy comained in or granted by the provisions ofthis Agreement sh,ill be effective unless it is in writing and signed by the panty waiving the breach, lailttre, right orrenredv. No waiverol any breach, l,-tilure orrighl, 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 ttte writing so spccifics. City Council 22 — 19 6/1 FM of 9 17. JUR1SDICP1ON - VENUE Tlita Agrectneni has boon CxCutted and dclivcred in the Statc ofCalilbinia and the validity- interpretation, pertornlance, and entoreement of any of the clauses of this Agreement shall Lie determined and governed by the laws of the Slate ol'Calilornia. Hoth parties further agree that Orange County, Cali lornia, shall be the venue lirr any action or proceeding LhaL may be broughL or arise out of, in connection with or by reason of this Agreement_ l8. PROFESSIONAL LICENSES COnsrdtanl shall, LhroughouL the teen of Lhis AgreeinenL, maintain all necessary licenses, permits, approvals, waivers, and exemptions tecessary for the provision Of the services hereunder and required by the laws and regulations ofthe United States, the State ufCalifornia, the City of Santa Ana and all other govcrnmaital agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and cxciriptions. Said inability shall be CausC fortcl-nimationof this Aurconont 19. NOTICE Any notice, tender, demand, delivery, or other Connnunicatioin pursuant to this Agreement shall be ill %tiling and shall be deemed to be properly given if delivered in person or mailed by lira claw ur certiliod until, postage prepaid, ur sent by fax ur Other LC1CgraphiC CutnumunicaLiun in the manner provided in this Section, to the tollowing persons: To City: Clerk of the City Council City of Santa Ana 20CiviC Center Plaza (M-30) P.O. Box 1999 Santa Ana_ CA 92702-1988 Pax: 714- 647-6956 With courtesy Copies to. Housing Division Manager Community Development Agency City of Santa Ana 20 Civic Center Plaza (M-26) P.O. Box 1999 Santa Ana, Califiunin 92702 To Consultant: Avocette Technologies, ina 422 Sixth Strcci, 2" Floor New Westminster. BC V3L 3B2 City [qu00i1395.6000 22 — 20 6/15/2021 Pax: 604395.6004 A party may change its address by giving noticC in writing to the other parry. Thereafter, ally eonnnunie.mon shall be addressed and transmitted to the new address. 11' sent by mail, Coturnunicxliun shall be ol7ectivc of deemed to have been piven three (3) days alict it has boon deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. 11 sent by lax, comfill] nicalion shall be effective or deemed to have been given twenty-lixtr (24) hours alter the time set lirrth on the transmission report issued by the transmitting facsimile machine, addressed as set tbrth above. For purposes of calculating those time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. raCh undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terins of this Agrocnnont, and shall indemnity City fully, including rcwunable costs and attorncj''S tCCs, for any injilrics or damages to City in the event that Such allthor'ity 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 tnrth in the body of this Agreement C. This Agrecnnent must be signed below and may be signed in counterpart and dclivo-ed by lax, email as a PDF (Portable Document Format) file attachment, or by other means that displays the original or a copy of the signaurres. Any subsequent amendments may be signed and delivered in The Same manner. f�S'lgil(ItUYe-Y U)l1UILU1411J? pClgC City Council 22 — 21 6/1 of 9 TN WTTNFSS WHFRF(>F, the parties hereto hare executed this Agrecnicnt the date and year first above wriuen- ATTEST: Daisy Gomcz Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALIIO City Attorney 7, n I By: ✓ Ryan O. Hodg\ Assistanl'6ty Attorney RECOMMF.NDFD FOR APPROVAI.: JACK CTULLA Chief Teehnology hmov itions Of iecr Liformation Technology Department CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT: I;y Darrel Drab Title: VP Local Government City Council 22 — 22 6/1 1`i19 EXHIBIT A S ATFMI{Nf OF WORK City Council 22 — 23 6/15/2021 Prepared for: City of Santa Ana 20 Civic Center Plaza • M42 Santa Ana, California 92702 Head Office: 211^ Floor - 422 Sixth Street New Westminster. BC V3L 3132 Telephone: 604.395.6000 Fax 604.395.6004 www.:zv0 Gr'_ tLr_. CO rtl ............................................................ May 19, 2021 Project Sponsor Darrel Drab Vice President, Product Integration Phone: (250) 389-2993 Email: Darrel. Dra b@Avocette.corn Victoria Office 3n1 Floor, 1205 Broad Street Victoria, BC V8W 2A4 Telephone: 2 5 0.38 9.29 9 3 www.avocette.corn City Council 22 — 24 6/15/2021 Q Q0� p Q N N M M�r (p Ih m m m M M QqIT Q l!i c{] (D r W N N N N N N N N N N N O N C d O p' U- N N Q= Ul Q Ql Q d Q N N d 7 Q If '• n o m m m m m d aNi ¢ m w -a p �• a �- LL c � �. w m cc a, m Q o ?. c o T ?' ❑❑ w y 2 O in V fl) m o U Q U U Q U of w o U' 0- U) c`j L ❑ ❑ 1 Q I I ❑ s p a �_�qq a m .- cv rev w u� co ti o� g m W W 7 T W N c5 N x x N N N N N N a a a d U) U) W U a_Q U a- U)f) U) o n a a a N LC 4 N O N LO N I N (V U C 0 0 U iJ 61 p] Q p O r r N M M IT N M r co a1 N N NMM M M M M M M M M Lr) N LO LO LO LO c QI d :s � c ' � m p E c c0 � = a U iD .0 G a, (/) Z yl Ci Ul Ill fn Df W d n D n m �. a. 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ER UJ W O O O O O n 0 0 0 0 0 0 0 0 0 0 o n o v -a Lq r irl r fJ fJ M fJ m m m m w m m U) Ul Ul Ul Ul M N rn Ifl rn N sl LL] m N �n �n �n Ol N N N m C C C C L m C 0 0 0 0 LLJ O Cfj CP N Ifl N If] N CO - n N U W 3 III N N N N N ICI �_ c V 0 m U N d. � y G O o U n m � « G m E N c N fn E o U 0 o m rr ID N F ;r•; U c 7 O U T iJ N O N LO lww' 19 N N i N i< [j � c LIJC.. r E3 i C � N O N LO ;r•; T ti N (V iJ EXHIBIT R PROJIiCI' FIXI(D PRICK, City Council 22 — 80 6/15/2021 I v O O O O O O O O O e e q q (O O O O O O O O O O O (D (O N N V O O M (O M O O O O V 00 N m R q f� f� 1� R f� M ifi N G� N b O O R O m N c6 N 6� M M M M rn m n ro e V aJ G LO �n Ln u) v v v G rn rn i- ��= n m Ao ri cD Ao o r� rn d ci An m �6 cD N O O O O O O G O O q q N N ?? O O O O O O W m m m M N f� ti q N cO e e �A e p p o] a0 m m n M � � m N W f� N O yMy ymy O O cD O of O� R nn P. M M M o p o p p p p p p p CO p p p o p o o p � p G G O o 0 0 0 o c7 CO N N e p p p M p p p O O G O VS W ✓J m m m O O O (D m N q N N CrJ CJ CJ fn N CIA CIA K] C] C] C] m m m m M m m IF IF u] 7 O m m e» fn e? ea es O m c O C O E m L L m O - c m t C m a c N a C QA C m E O y O N 0 U E c O m N m O c `1) � c c F 73 o u, � G C O W a O o E ❑ N OA � n - C) m 3 -m U �' c a ip N F ZI O S O c W 0 s `O <A m > m a 1 m > m N Q m N O U 3 w c m LAw c m m h c IQT V @ a d w U m a 2 U a m a 2 U a 0 m❑❑❑ R. N 0 N LO T ;r•; U C O U T iJ 0 0 0 0 0 0 0 0 0 0 o n o o A 6 m 6 6 O A M O 6� a N O W O a R O rD M A A M O D7 A N M N N I+ M LO O N IN a0 0) R c0 (D (D c0 M M' O r0 O N M fR M fR f,4 rn A w w rn In In In In In » In In o y 0 0 0 0 0 0 0 0 0 0 o a a a o N 1� > n q 0 n Q Q OcD Z Z Z N O O O �p O i�pD O O O O Iti R M LO A N o O W W W M N o W N n o W M M ? O I!. AI t! In cn c!. cn cn O O O o 0 o O In o O O O A O O A 0 0 m m m 0 m In G O G (P o o W N G G G G G G G O G O 'D G U 00 O M O A O O W W O cD CC M O O O N O O O ID M A O M fD In A O M u] N O CID Q� ry CID n O M M o u] N M [A U) m Ln T C 0 m a- m C C O N N O P r Ear L L U C O m m E O m �' o _� (O 0] a, m C 4n a m-- C C fn N C y N m C N J c g g c E m O o E L" rn im a E o o x c c a C.)rn E E E U cc' d c c d x C Y U m � �� _> in to to it F C7 iq m N N N N N N N N J N c7 co af ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ a F- cn AD YE E N O N LO T .fell N co N N U C 7 O U iJ al ■ ■ AGREEMENT WITH AVOCETTE TECHNOLOGIES, INC. TO PROVIDE si1PPORT SERVICES FOR LAND MANAGEMENT SVSTEM THIS AGREEMENT is made and entered into on this I" clay ofJuty, 2021, b-y and between Avoccuc Technologies, Inc., a Canadian corporation (*'Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On August 24, 2020. the City issued a Request for Proposals (RFP No. 20-108) for an Enterprise Land management System and. Tmplementation Services. The RFP included cxlensive system requirerrrcnts and objectives that are incorporated herein by this reference. 11. Consultant represent, that Consultant is sblc andwilling to provide support scrl'ices to the Cily for the Clariti I'latform I-.nterprise Laurel M;nrakement Syslenr. C. In undertaking the Performance of this Agrcernau, 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 ficld- 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: SCOPE OI+' SFRVICES 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 the SerVICePIttS Support Services doelrtnent attached hereto as Exhibit A and incorporatcd by refcrcncc- 2. COMPENSATION a. City agrees to pay, and Consultant agn-ees to accept as total payment for its services for City, the rates and charges identified in Exhibit A and the Cost Proposal attached hereto as Exhibit B and incorporated by reference. The total amount to be expended during the term of this Agreement shall include an atutual not to exceed amount of $79,443, which includes a 30`% contingency, for a total not to exceed amount of 5317,771 b. Payment by City shall be made within forty -rice (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need nol be made for work which rails to meet the standards of perl'omrance set forth in the Recitals which may reasonably be expected by City - City Council 22 — 84 6/1 M of 9 3. TLRM ThtN Agreement shall cornurenec on July 1, 2023 ("Couunureunent Date") and Contimtc for three (3) years through Jurtc 30, 2026, unless terminated earlier in accordance with Section 15, below. 'I he exact Comnrencemenl Dale I'or Ihis Agreement depends upon the completion of ibe implementation services provided fi>r raider a separaLe agreement between the parties- Accordinaly, the Cornmcicement Date maybe changed pursuant to it writing executed by the City Manager or assignee, as necessary. This Agreement shall also cover any and all services provided by The Consultant to the City prior to the execution of this Agreement or the conmiencement date. The Term of the Agreement may be extended by a writing executed by the City Manager and City A ttni r ey. 4. INDEPENDENT CONTRACTOR C:onsulianl shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City- This Agrecancrt is not intended nor shall it be Consimcd to create an employer-Cmployce relationship, a joilic venture relationship, or to allow the City to exert Ise 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 lie provided in a manner consistent with all applicable standards and regulations goveming such services- Consultant shall pay all salaries and wages, employer's social sCCurity LaxCs. unetrploynunt insurance and similar nixes relating to cmploycca and shall be responsible for all applicable withholding, taxes. 5. OWNERS IIIPOF MATF,RIALS This Agreement creates a non-exclusive and petPctual licettsc liJr City to copy, use. modify, reuse, or sublicense any and all copyrigJtts, 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 drawincs or data magrnetieall-y or otherwise recorded on computer diskettes, which are prepared or caused to be prCpaTed by Consultant undo 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. C,OrrltltanL represents and warrants that Consultant has the legal right Lo license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents &. Data evhich were provided to Consultant by the City. City shall not be limited in any way in its nse of the Documents and Data at any time, provided that any. such nse not within the purposes intended by this Agreement shall he at City's sole risk. 6. INSITRANCE, Prior to undertaking performance of work under Ibis Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below_ a. Commercial General Liability Tnsurance. Consultant shall maintain commercial general liability insurance naming the City, its otlicets, employees, agents, City Council 22 — 85 6/1 of 9 volunteers and representatives as additional insured(s) and shall include, but not be limiter. to protection against claims arising from bodily and personal injury, ncluding; death resulting lhcrcliuur and damage to property, resulting flout any act Or Occurrence arising, out of Cunsultant's operations in the perforntartce of this Agreement, including, without limilalion, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of S1,000,000 per Occurrence, with S2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers. employees, agents, and representatives as additional insured(s); (b) he primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and te) contain standard separation of insureds provisions. b. Worker's Compensation 1115urarec. In accordance with the provision, ul' Section 3700 of the Labor Code, Consultant, if Consultant has arty employees, is required to be insured against liability for worker's compensation or to undertake self- nsurance- Prior to commencing the performance of the worn: Under this Agreement, C'onsulrant agrees to obtain and maintain any anploycrs liability insurance with hunts not less than S 1,000,000 per accident, or to provide a confirming letter that Worker's Compensation Insurance is not required for Canadian employees, a4 applicable- C. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (en -ors and omissions) insurance, with a C0111bined single limit of not less than S 1,000,000 per claim with S2,000,000 in the aggregate. d. Cybe- Liability Insurance, with limits not Icss than $2,000,000 per occurrence or claim, S2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor 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, inftingcrnem Of inlcllectual property, including bug not limited to infringement of copyright, trademark. trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information, I he policy shall provide coverage for breach response costs, regulatory lines and penalties as well as credit monitoring expenses. C. The Ioilo" ing rcquircrnents apply to the insurance to be provided by COrn5tllant pursuant to this section: i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreentent- ii- Certificates ol'insuranC shall be furnished to the City upon execution of this Agrecment and shall be approved by the City. iii. Certificates and politics shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the Cily- iv. Where the amounts or coverage provided by the certificates of insurance City Council 22 — 86 6/1 M1ef 9 provides coven -age greater than those listed by this Agrecnnent, the amounts provided by the certificate, ol'insurance Shall be incorporated by reference into the Agreement. V. Consultant shall supply City with a fully executed additional insured endorsennent. f if Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agi-cancnt- Such tcnrrination Shall not affccl Consultant's right to be paid for iu time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work perfornned prior to approval of insurance by the City. 7. INDEMNIFICATION C onsullant agrees to defend, and shall indemnify and hold harmless the C:ily, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) forpersonal injury, damages, just compensation, restiwtion, judicial (1reguitat) lereliel arising out of claims lot - personal injury, inchding death, and claims for property damage, which may arise from the negligent operations of the Consulnmt, its subcontractors, ngents, employees, or other persons acting on ifs behalf which relates to the services described in section I of this , -eennent-, and (2) lions any claim that personal injury, damages, just compensation, restitution, judicial or ecµlitable rclicf is dtrc by reason of the tams of or ctfects arising, from this Agicenicia. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restinrtion,judicinI or equitable relief suffered, or alleged to have been SoI Bred, by reason of die events referred w in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant fitrtltcr agrees to indemnify, hold harndcss, and pay all costs for thcc dctensc of the City, including lees 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 Col lip cnsatioil, restitution, judicial or equitahle relief due to personal or propety rights arises by reason of the terms of, or effects arising from this Agi-eenlerrt- City may make all reasonable decisions with respect to its rcprescruation in any legal procccding. 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 willgirl misconduct of the Consuhanl. 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 infiingennem of any Ignited States' letters patent, trademark, or copyright infringement, including costs, contained in the work product ar doctuncnts provided by Consultant to the City pttsttartt to this Agreement. 9. RFCORDS City Council 22 — 87 6/1 2 `i" Consultant shall keep records and invoices in connection with the work to be perlonned under this Agrecmatl. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agicpnent and any services, expenditures, and disbursements charged to the Cily for a minimum period of three (3) years, or for any longer period required by law, front the dale of linal payment to CnnSullant raider this Agreement- All such records and invoices shall bec dourly identifiable Consultant shall allow it representative of the City to examine, audit, and snake transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. COnSltltant 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 raider this Agreement- 10. CONFIDENTIALITY II" Consultant receives from the City information which clue to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not ttse or disclose "itch information execpt in the pci-fonnanec 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 iuforrnation disclosed to either party by any subsidiary and/or agent ol'thc usher party is covered by this Agrcemcnt. I'he 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 laull oldie Consultant disclosed in a publicly available Source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is rcquircd to be disclosed by operation of law; or (c) is independentl-y developed by the CAnStdtant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE C'UtL4ultaltt covenants that it presently has no interests and shall not have interests, dircet or indirect, which would conflict in any manna with pa-tormance of services specified under this Agreement. 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 delined and prohibited by applicable law, in dre recruiuncnt, selection, teaching, training, utilization, promotion, tcr'minatifill or other employment related activities or any services provided under this Agreement. Consultant affirms Thal it is an equal opporlunily employer and shall comply with all applicable federal, state and local laws and regulations 13. EXCLUSIVITY AND AMENDMENT City Council 22 — $$ 6/1 M, of 9 This Agr-eernent represent, the complete and exclusive statement between the City and Consultant. and supersedes any and all other agreements, oral or written, bctwcetr the parties. In the event of a cootlict between the te'nrs of this AgrCCmCnt and any attachmCots hereto, the terms ofthis Agreement shall prevail. 'Ibis Agreement may not be nrodi lied except by written insurmenl signed by the City and by an authorized representative of Consultant- The parties auree that Lilly terns or conditions of any purchase order or other instrument that arc inconsistent with, or in addition to, the terms and conditions herwf, shall not bind or obligate Consultant or the City. Each patty 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 early, which is not embodied herein- 14. ASSIGNMENT Inasnnuch as this Agreement is intended to secure the specialized services of Cons il(ant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any hatch assignment, transfer, delegation of subcornuatct 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- 15. TERMINATION Phis Agreement mazy be lernrinaled by the City upon (hilly (30) days written police of ternrinatinn- In such event, Consultant shall be entitled to receive and the City shall pay Consultant aulrpcnsation for Lull services pci-formed by Consultant prior to receipt of such notice of termination, subjcet to the following conditions: a- As a condition of such payment, the Executive Director may require Consultant to deliver to the Cily 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 consent~ to the City's use lhereol for such purpoties as the City deems appropriate- b- Payment need not be made fOr work which fails to meet the standard of pertornrance specified in the Recitals of this Agreement- 16. WAIVER No waiver of breach, lailurc 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 parry waiving, the breach, tailure, right or remedy. No waive' of aoy breach, failure or right, or remedy shall be deemed it waiver of ally other breach, failure, right or remedy, whether or not similar, nor shall Lilly waiver constitute a continuing waiver unless the writing so specilies- 17. JURISDICTION - VENUE City Council 22 — 89 6/1 M of 9 This Agreement has been executed and delivered in the State of Cali lbrnia and the validity, intCrprctation, perlornanco, and atlorecurertl of any ul' the olauseS of this Agreement ,hall be determined and governed by the laws of the State of Calitornia. Both parties hlrther agree that Orange County, California, shall be the venue for any action or proceeding that may he brought or arise ant of, in Connection with or by reason ol'this Agreemem- 18. PROFESSIONAL LICENSES Consultant shall, throughout the tern of this Agreement, maintain all necessary licenses, penrrits, 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 ,hall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall he cause for lerminalion of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other couununication pursuant to this Agreement shall lie in writing and shall be deemed to be properly given if delivered in person or mailed by first Ckus or certified mail, postage prepaid, or sent by tax or other telegraphic conununicatiotr in the tuauncr pruvided in this Section, to the following persons: To City: Clair of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) V.O. BOX 1999 Santa Ana. CA 92702-1999 Fax: 714- 647-6956 W ith courtesy topics to: Houaing Division Manager Comnamity Development Agency City of Santa Ana 20 Civic Center Plaza (M-26) I'.(). Box 19 X Santa Ana, Calilimiia 92702 To Consultant: Avocelte Technologies, Inc. 422 Sixth Street, 2"" Floor Now Wcsttninstcr. BC V3L 3B2 City PPpp 6vh-395.6004 22 — 90 6/15/2021 any communication shall be addressed and transinitted to the new address. Tf sent by mail, communication shall be ellective or deemed to have been given three (3) days alter it has been dcpositcd in the United States mail, duly registered or certil-led, with postage prcpxid, and addressed as set torth above. If sent by tax, communication shall be effective or decnud to have been given lwenly-lour (24) hours alter the lime set lorlh on the transmission report issued by the uansnri[till g facsimile machine, addressed as set firrlh above. For purposes of calculating these time frames, weekends, federal, slate, 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 hind their respective parties to each of the teens of this Agreement, and shall indemnify City lolly, including reasonable costs and atturncy's Ices, for any injuries or dautages to City in the event that much authority or power is not, in tact, held by the signatory or is withdrawn. b. All Fxhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. C. This Agreement must be signed below and may be signed in counterpart and delivered by fax, email as a PDF (Portable Document Format) file attachment, or by other means that displays the original or a copy of the signauors. Any subsequent amendments may be signed and delivered in the same manner. ,�,;igyi tare'C onl followin-page,r City Council 22 — 91 6/1 0l 9 TN WTTNFSS WHFRF(>F, the parties hereto have executed this Agreement the date and year first above written_ ATTEST: Daisy Gomcz Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALIIO City Attorney 7� n I By:, t! Ryan O. odgc Assistant'(74V Attomey RECOMMF.NDFD FOR APPROVAI.: JACK CTULLA Chief Teehnology hmovations Ofiecr Liforniation Technology Department CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT: 11y; Darrel Drab Title: VP Local Government City Council 22 — 92 6/1 1`i19 EXHIBIT A SI'.RVICI'.PI.US SUPPORT SI.RVICFS City Council 22 — 93 6/15/2021 Avoce e ar' t D f A ") 'if n_, U m om- City of Santa Ana ii ii ce Ill... II IL Deliver to: City of Santa Ana Attn Jack Ciulla Phone: 714.647.S381 E-mail: JCiulla@santa-ana.org Response Contact: Darrel Drab Avocette Technologies Inc. Phone: (250) 389-2993 (X229) E-mail: Darrel.drab@avocette.com 2"1 Floor-422 Sixth Street. New Westminster, 6C V3L3D2 (604)395-6000 Head Office: (604) 395-6004 P r i o n e: 1-866-285-8885 Fiix: Toll Free: ServicePlus Supporl Services AgreernenL Avocei e Contents ServicePlus Vendor Services Agreement ....... Schedule A Services ........................................ 1 Terms of Contract .......................................... 1.1. Vendor's Obligations .............................. 1.2 Client's Obligations ................................ 1.3 Contract Price and Payment Terms ....... 1.4 Termination ............................................ 1..5 Non Hire ................................................. 1.6 General ................................................... 1.7 Signatures .............................................. 2 Schedule "A" — Basic. .... - .... .... - .................... 2.1 ServicePlus Basic Service ........................ 2.2 Service Levels ......................................... 2.3 ServicePlus Service Levels ...................... 2.4 Service Level Reporting.... 2.4.1 Service Level Meetings............ 2.4.2 Service Level Report ................ 2.5 Service Delivery. .... - .... - ... - .................... 2.6 Service Request Management ............... 2.7 Incident Management ............................ 2.8 Incident Management Process .............. 2.9 Request Management ............................ 2.9.1. Request Management Process 2.3.0 Approach to Maintaining Service Levels 2.11 Facilities and Equipment Requirements 2.12 Support Tealn......................................... 2.1.3 Additionol Services ................................. Appendix A: Definitions ........................................ IV IV 1 .1 .1 .2 3 .3 .3 .4 4 .4 .5 6 6 .8 .8 8 10 .1 City Council 22 - 9b 6/15/2021 ServicePlus Supporl Services Agreernent. Avocei e ServicePlus Vendor Services Agreement Between Avocette Technologies Inc. (the VENDOR) at the following address, 2n1 Floor —422 Sixth Street New Westminster, 6C V3L 362 Phone: 604 395 6000 Phone Toll Free: 1 866 285 6885 City of Santa Ana (the CLIENT) at the following address! 20 Civic Center Plaza M42 Santa Ana, CA 9460.5 Phone: 510.544.2569 CLIENT AND THE VENDOR AGREE TO THE TERMS OF THIS DOCUMENT AND IN THE SCHEDULE OUTI INF RFI OW. Schedule A Services: ServicePlus Basic Service - Provide support and consulting services in support of the Client's Clariti system, As Per Attached Schedule A. Term: From August 2022 (tentative based on Live Day) To and including! June 30, 2026 RFAD TFRMS ON THE FOI I OWING PAGFS 1 Terms of Contract 1.1 Vendor's Obligations 1. The VENDOR will: a) notwithstanding the date of execution and delivery of this agreement, provide the services (The "Services") during the term (The "Term") at the contract price established in Schedule "A' in accordance with this agreement, b) supply all labour resources necessary to provide the Service outlined in Schedule "A c) upon request of CLIENT, fully inform CLIENT of the work done by the VENDOR nominee in connection with the provision of the Services and permit CLIENT at all reasonable times to inspect, review and copy all accounting records, findings, data, specifications, drawings, working papers, reports, documents and material (collectively called the 'Material) whether complete or otherwise that have been produced received or acquired by the VENDOR nominee as a result of this agreement, d) ensure that the VENDOR complies with the CLIENT's request that all time spent must be detailed in the ServicePlus IT Service Management System along with a descriptor of the work carried out on a daily basis; e) comply with all applicable municipal, provincial/State and federal laws: f) at all times maintain a standard of care, skill and diligence in performance of the Services exercised and observed by persons engaged in the provision of services similar to the Services; g) at all times treat as confidential all information or material supplied to or obtained by the VENDOR and its nominees as a result of this agreement and will not permit the publication, release or disclosure of the same without the prior written consent of CLIENT, City Council 22 - 96 6/15/2021 Servicelllus Supporl Services Asreernenl AVoce i e h) be an independent Contractor and not be the servant, employee or agent of CLIENT i) ensure that all persons employed by it in connection with the provision of the Services are competent to perform them, adequately trained, fully instructed and supervised, j) ensure that all personnel hired by the VENDOR to provide the Services will be the employees or subcontractors of the VENDOR and not of CLIENT. 1.2 Client's Obligations 2. CLIENT will, a) make available to the VENDOR all available information considered by CLIENT to be pertinent to the Services, b) make available to the VENDOR such staff and subject matter experts for consultation as required to ensure the VENDOR can meet their obligation to the CLIENT: c) ensure that the Client Point-ot-Contact is available to review and approve the completion of incident resolution in a timely manner, d) ensure that the Client Contract Manager is available to approve such Service Requests as may be necessary for the VENDOR to fulfill its obligations under the contract: e) ensure that staff are available to review and approve Service Requests in a timely manner: 1.3 Contract Price and Payment Terms 3. Contract Price and Payment Terms a) Subject to the terms of this agreement the VENDOR will invoice the CLIENT for approved services as outlined in Schedule "A". Fees will be calculated on the "Additional Hourly Service Request rate" on an hourly basis as outlined in Schedule "A", b) The VFNDOR will submit written staternenis of account to CI IFNT cornrnencing no sooner than The date set out in Schedule "A" as the "Billing Date" and thereafter as Specified in Schedule "A c) All pricing is in the currency of the CLIENT, d) Preapproved expenses for travel and living if required will be invoiced at cost: e) All invoices are payable net 45 days. 1.4 Termination a. 1 n the event of a substantial tailure of a party to comply with the provisions of this agreement, it may be terminated by the other party on thirty (30) days written notice. 5. CLIENT may, in its sole discretion, terminate this agreement on 30 days written notice and the payment of funds required to be made pursuant to Section 8, will discharge CLIENT of Al its liability to the VENDOR under this agreement. & Where this agreement is terminated before 100% completion of the Services, CLIENT will, subject to Section 7, pay to the VENDOR that portion of the Contract Price which is equal to the portion of the Services completed. City Council 22 - 97 6115/2021 Servicelllu5 Supporl Services Agreernent Avocei e 1.5 Non -Hire 7. CLIENT agrees that during the term of this Agreement, and for the non -solicitation period of six months thereafter, shall not, without the prior written consent of VENDOR, induce or attempt to influence, directly or indirectly, an employee or subcontractor of VENDOR to leave the employ of VENDOR: 1.6 General 8. This agreement will be governed and construed in accordance with the laws of the State of California. 9. Time will be of the essence of this agreement. 10. Any notice required to be given hereunder will be delivered by hand or mailed by prepaid registered mail to the address on this agreement or at such other address as either party may from time to time designate by notice in writing to the other, and any such notice mailed will be deemed to be received 48 hours after mailing. 11. This agreement will be binding upon CLIENT and its assigns and the VENDOR, its successors and permitted assigns. 1Z A waiver of any provision or breach by the VENDOR of Phis agreement will be effective only if it is in writing and signed by CLIEN I and will not be deemed to be a waiver of any subsequent breach of the same or any other provision of this agreement. 13. All materials provided to the VENDOR are to he treated confidentially. 14. The copyright for independent work produced prior to the start of this project and brought into this project remains exclusively the copyright of the producing party, all other copyright in the Material will belong to CLIENT. 15. The Schedules form an integral part of this agreement. 16. No amendment or modification to this agreement will become effective unless the same will have been reduced to writing and duly executed by the parties hereto. 17. This agreement, and any amendment made pursuant to Section 18, constitute the entire agreement between the parties. 18. Sections 1(b), (c), and (e) of this Agreement will notwithstanding the expiration or earlier determination of the Term, remain and continue in full force and effect. 1.7 Signatures Avocette Technologies Inc. Name: Darrel Drab Title VP Local Government Date May 31, 2021 City of Santa Ana Name: ned: Date: City Council 22 - 98 6/15/2021 iv ServicePlus Support Services AgreernenL Avoee i e ServicePlus level of Service selected' Basic Monthly Service Fee: $S,092.50 ($292.50 Signature Capture) Included Service Hours: 40 Additional Hourly Service Rate: $120.00/Hour (Additional hours over monthly service fee require client authorization) 2,.. II '5 tl - r . r f . rr ^ .» a .mr$ h•.-` 'S r. r , ( r.',. Avocette's ServicePlus Basic service provides defined on -going support services aimed at maintaining a stable Clariti environment. ServicePlus Basic Service Desk hours' 8,30 — 17 00 PST Monday to Friday exclusive of Canadian Statutory Holidays mare - r :i rr-; fir^ C m hL. +C., The following service levels are included with ServicePlus Basic service to achieve the level of support required for CLIENT'S Clariti environment. Service levels are divided into five priority levels and are monitored and measured against the service level commitment as shown below. Avocette uses the following definitions to measure service levels: • Acknowledge Request is an email from an Avocette representative that confirms that the request has been received and a ticket number has been assigned in our service request management system • Incident Resolution Time is the time from when the incident is reported to the time a work around or temporary solution has been implernented to addross tho specific incident. Incident Closure is the time from when the incident was reported to the time to hand over for production deployment with a permanent correction for the incident. If the incident closure requires an Clariti fix, the Incident Closure times will not apply and will require direct participation of Clariti which Avocette will assist with. City Council 22 - 99 6/15/2021 ServicePlu5 Supporl Services AgreernenL Avocei e , .,5 sc "«r n;p:; m�. /ll/l/� 'l�llll l lllll�l�'lll�li f'lll� Priority 1 Service Disruption for major < 1 Hour < 4 Hours < 3 applications/systems and/or has major Business impact on business operations and/or Phone call days impacts external customers Acknowledgement is required Guideline — has significant business impact. Priority 2 Partial service disruption for major < 2 Hour < 4 Hours < 5 application/system and/or service Business disruption for minor system and/or has days moderate impact on business operations Guideline — affects business operation for at least one department. Priority 3 Minor service disruption impacting 1-2 < 1 Business day < 30 users significantly and/or has minimal <3 impact on business operations. Does not Rosiness Business affect service delivery to external clients. days days Service Request may be raised for incident remediation and resolution '......... Priority 4 Minor Service disruption with < 1 Business day < 15 < 90 insignificant or no impact on business operations Business Business Workaround available days days Guideline — Affects < 5people Service Request may be raised for incident remediation and resolution Priority 5 Causes no service disruption with no < 5 Business days < 30 < 120 impact on business operations and does rnpact service deliver Lo clients. Business Business Additional work needed to perform seine days days functions. Service Request may be raised for incident remediation and resolution City Council 22 - 100 6115/2021 Servicelllus Supporl Services Agreernent Avocei e The above service levels are maintained providing there are hours remaining in the budget. If no hours remain in the budget service levels will only be maintained with Client authorization and are dependent on Avocette resource availability. Exclusions (Service Levels are no longer in effect): • A ticket is referred to Clariti as a product or SAAS issue • A ticket relates to CLIENT network or system issues not covered. • In the event of an external disaster or disruption. The following are required for Avocette to meet the above service levels: CLIENT will provido all roquirod subscription, softwaro and/or hardware Iiconscs roquirod to support the application. The support team will not be on -site at CLIENT's location and Avocette's support team will be able to access the CLIENT network remotely using an SSTP VPN connection to access the necessary application environments. , .;r, °,f I,- Service level reporting is a key means of communication between CLIENT and Avocette. It is a forum to discuss the performance with respect to service levels, the accomplishments and challenges, and to have open honest dialog about the service delivery and relationship. It also allows potential risks to be discussed and addressed proactively. Service level reporting is provided through the Avocette service manager and as agreed to by the CLIENT. Service level meetings are recommended to review the report and to have dialog around the service delivery and support relationship. .....S. .. �I1 ,..>g.?YVBCQ:•, L...F•.?\fo-9.',, n/I ¢°r'1:BB1g°:> The following service level meetings will be conducted. • Weekly Prioritization meeting to review and rank incidents in priority. • Monthly Planning meeting to assess service request planning, status, priority and actions. • Annual Service Delivery review meeting to review the previous year and determine what adjustments are required for the next year. Attendees will include at least: Avocette Service Delivery Manager • CLIENT Contract Manager Note: Actual time spent conducting and documenting service level meetings will be charged at the contract rate. Note: Avocette Weekly, Monthly, Quarterly and Annual meetings will occur via conference call unless otherwise requested. 2.4.2 `::o: rwir,.;a: Ll-o;vcd IRfnp it The service level report is prepared weekly and monthly and will include the following information City Council 22 - 101 6/15/2021 Servicelllus Support Services Agreernent Avocei e • An itemized list of all active requestslincidents annotated by Avocette ticket number in the current month and previous month. Hourly usage for each ticket in the current month, the previous month and overall. The status of each ticket as of the end of the period as well as any information that will assist both CLIENT and VENDOR in resolving the ticket. r, r :r n W r, f r, v An yr Service delivery is oriented around two specific processes 1) Incidcnt Managcmcnt a. The handling of Break Fix situations. requests that involve software fixes. 2) Service Request Management In CLIENT terminology this is the 'support' type of a. The handling of any request that is not expected to result in a software fix. This includes Maintenance, Enhancement and Operational (non -software related) requests. See section 2.13 for a list of additional services available. The following sections will outline all the elements involved in Service Delivery and also walk through the expected workflow for both Incident Management and Request Management. Avocette uses a Service Management system to record and track all incidents and service requests under this contract. Once submitted, service request management application is used to support incidents and requests, assign [asks to internal learn members and track time spent on specific requests. The features offered are • Application Change Management by logging and tracking requests, bugs, and enhancements by application and client Cross-referencing of incident reports Time recording for activities and reporting on effort • Root Cause capture • Control of user access to ensure security and privacy The service request management application is configured for each client and can be modified to accommodate business related requirements for reporting. The incident management process occurs when CLIENT has a request to fix a production problem with Your Clariti environment. The goal of incident management is to: • Return to the normal service level as soon as possible with the smallest impact on the business and user. City Council 22 - 102 6115/2021 Servicelllus Supporl Services Agreernent Avocei e The process is triggered when the authorized CLIENT individual or group makes the request through! • E-mail to Avocette (for non -emergency items only) • Phone call to Avocelle (for emergency and high priority issues, phone is mandatory) The following describes how Avocette will respond to an incident request. This process can be reviewed and adjusted if necessary to meet CLIENT's specific needs. As noted previously, some incident may require an Clariti fix and in those cases Avocette will support the reporting and communication with Clariti. Figure 1: Procedure for Incident Management. '.,. 1.1 The CLIENT point -of -contact or Customer Service Center contacts the CLIENT Avocette Service Desk via toll -free telephone number or email address. application point -of - contact 1.2 All contacts are acknowledged upon receipt. Acknowledgement can be Avocette ''.... through email or by phone. In the event an incident is submitted which in Service Desk the judgement of the service desk should be a level 1 or 2 incident (not applicable for AS and WHEN) the service desk will acknowledge by phone and recommend an upgrade of the incident priority. '.,. 1.3 Avocette Service Desk crcatcs a ticket for the request, assigning the Avocctto request to Avocette's primary support person and Service Delivery Service Desk Manager. Automatic email notifications are generated and sent to the Avocette '..... Service Manager. City Council 22 - 103 6115/2021 Servicel'Ius Support Services AgreernenL Avoee i e ''.... 1.4 If the request is a priority 1 or 2 (not applicable for AS and WHEN), the Avocette Avocette Service Desk speaks to the support resource and Service Support ''.... Delivery Manager directly to ensure the request is received in a timely Team manner (i.e., warm handover). CLIENT and Avocette's managers are informed of priority 1 and priority 2 requests. '.,. The Service Delivery Manager liaises with the primary resource to coordinate a solution, and may approach service manager to assign additional support team resources to recover and resolve the issue. ''.... 1.b I he support team works to recover the issue within the service levels. Avocette This may involve working directly with CLIENT staff to provide access to Support ''..... data, database logs, performance data, etc., in order to resolve the Team incident. The support team promotes the fix to the CLIENT environment and completes the necessary requests to migrate to production. 1.6a If resolution of the issue provides recovery of the application, the Service CLIENT Delivery Manager will seek approval from CLIENT to close the request. point -of - contact 1.7 If resolution of the issue does not also provide recovery of the Avocette application, the support team will work to complete the long-term solution Application t0 the issue. Support Team ''.... 1.61b Avocette obtains approval from the CLIENT point -of -contact to close the CLIENT request. The incident is only considered closed once it is successfully point -of - deployed to production and verified as being resolved by the CLIENT contact ''... point -of -contact. Avocette's request management services support the management of service requests. This includes requests for maintenance, enhancements or other operational (non -software) requests. I he goal of Request Management is to keep track Of all requests, allow prioritisation of the requests, track time spent, and report on the status of each request. Service request may be raised to address all Priority 3, 4 and 5 incident remediation and resolutions. 2.9.1 ReqUe!..J. Mafdaig(.mriEo- nt PIf"(7f,.;4 The following describes how Avocette will respond to a service request City Council 22 - 104 6115/2021 Servicel'lus Supporl Services Agreernenl Avocei e °......,141M,I Figure 2: Procedure for Maintenance, Enhancement and Operational Requests '.... 1A The CLIENT point -of -contact creates the initial service request by CI IFNT documenting the specific request and sending this to the Avocette's application Service Desk by sending an email. A template is used to document the point -of - Service Request. contact This will be logged if not already initiated as a service request and assigned to the service delivery manager to assess. 1.2 The Service Delivery Manager will coordinate the team to assess the Avocette Service Request, complete the request with impacts and estimates, and Support Team ''.... return the service request to CLIENT for approval. The development of the service request may involve collaboration between CLIENT and Avocetle to ensure the requirements are understood and impacts accurately accounted for. CLIENT will review and approve the Service Request. CLIENT 1.3 The service delivery manager will then schedule the work to be Avocette completed based on the agreed timeline expectations in the service Support Team request. 1A The service request is executed and the deliverables provided to Avocette CLIENT. Support Team 1.5 CLIENT will review the deliverables and complete any necessary user CLIENT acceptance testing before giving the approval to proceed to production or accept the deliverable. Service Requests must be approved and signed by the CLIENT Contract Manager and Avocette's Client Manager before any work proceeds. City Council 22 - 105 6115/2021 Servicel'lus Support Services AgreernenL Avoce i e Avocette will assign qualified and cross trained resources to the support of the Supported Application Components. The support team will include a primary and backup resource fully trained in the application as well as the support procedures necessary to adhere to CLIENT standards. The Service Delivery Manager will ensure that the backup resource is ready in the event that the primary resource is unavailable for any reason. The primary goal is to ensure that service levels are maintained regardless of the individual schedules of the support team. In addition, the Avocette Service Desk is provided with primary and backup resource contact information and will be kept intormed when the primary resource is unavailable. Cross training of the backup resources will be provided as part of initial transition to support and will occur annually thereafter as a refresher. Avocette will maintain a repository for information, materials and details pertaining to support of the Supported Application Components (Knowledge Management). This will also include details on the specific CLIEN I policies and procedures that will apply to this support service. The Service Delivery Manager will ensure that there is adequate coverage during any absences or traditional vacatlon periods (Chrlstrnas Holldays) and will also cornrnunlcate any upcorning absences to CLIENT during the service level report meetings. In the event of a disaster in the Avocelle Offices, CLIENT will be notified immediately, provided direct contact phone numbers for the support team, and support resources will work from home. .... i r'p i"', I +L""ti rw �a"9 nv�«a A1r �'. �.i wi i•.f� m,,,,'ms rp, `ri�.: CLIENT is not required to provide any permanent desk or office space. However, Avocette may require access to a drop in station at CLIENT frorn time to time during onsite visits. Avocette resources will require remote access into the CLIENT environment using a secure WIN or similar connection. I'_ 1 'J,� t ..r. q ) A"; i') Avocette's support team is comprised of the following roles and provides on -going operation support for CLIENT's Clariti environment as follows: CLIENT Contract Manager/Point of Contact The CLIENT will assign a CLIENT Contract Manager/Point of Contact to be the primary contact for the Avocette Service Delivery Manager. (Note that other roles may be assigned as required)The CLIENT Contract manager/Point of Contact will- 1 . Facilitate communications between Avocette and the CLIENT to clarify incident/service request particulars (as needed) 2. Facilitate communications between Avocette and other CLIENT departments or technical areas in order to diagnose and resolve the request 3. Arrange for User Acceptance Testing as required 4. Provide priorities and guidance to the Avocette support team for outstanding issues City Council 22 - 106 6115/2021 ServicePlus Supporl Services Agreernent Avoee i e 5. Complete resolution details in the support tracking system and closing the ticket 6. Attend monthly service level meetings 7. The following additional responsibilities are primarily '..... related to Service Request Management S. Facilitate Authorization of work to proceed. 9. Manage communication with other application stakeholders on implementation or significant changes 10. Facilitate approval of requirements and functional specifications Avocette Service Desk Support Analyst Avocette's Service Desk is staffed with Service Desk Support Analysts who are responsible for receiving and acting upon incidents reported by ServicePlus clients. The Avocette Service Desk Support Analyst 1. Responds to incidents from ServicePlus clients submitted by email or phone. 2. Provides basic user support as required such as password resets and other user support issues. 3. Based on the priority of the incident lakes appropriate action to respond to the incident by performing a warm handoff. 4. Provides regular updates for high priority incidents. Avocette Account Manager An Avocette Account Manager is assigned to each ServicePlus client and will be the person responsible for ensuring Avocette meets its commitments under this contract. The Client Account Manager is also responsible for approving service requests on behalf of Avocette. '..... The Avocette Account Manager will, 1. Be responsible for Avocette's commitments under the contract. 2. Be available when necessary to meet with the client to address issues and concerns. 3. Approve Service Requests in a timely manner. Service Delivery Manager A Service Delivery Manager is assigned to each ServicePlus client and will be the primary contact for managing incident resolution and service requests. Avocette always assigns a backup Service Delivery Manager, typically the Subject Matter Expert, to each account so that service disruptions are '.,. avoided in the CaSe of the primary Service delivery rnanager not being available. The Service Delivery Manager will: 1. Be responsible for ensuring service levels are met for all reporting incidents and communicating status of incident resolution processes to stakeholders 2. Manage the delivery team and ensures support coverage is in place to meet or exceed all service levels 3. Ensure proper communication to CLIENT regarding release scope and expected delivery schedule and status during the implementation process City Council 22 - 107 6115/2021 ServicePlus Supporl Services Agreernent Avoce i e 4. Provide estimates for Service Requests and work with the CLIENT Contract Manager to set priorities 5. Work with the CLIENT Contract Manager to develop release plans for Service Requests 6. Ensure all required authorizations have been provided prior to initiating work or conducting migrations 7. Be responsible for adjusting the release processes if necessary in order to improve quality, reliability, timeliness or overall customer satisfaction with the releases and documenting the revised processes 8. Ensure decisions, priorities and action items are properly documented and communicated to the team members 9. Work with the CLIENT Contract Manager and the Avocette Support Team to prioritize incident resolution and closure 10. Conduct regular team meetings involving rolcasc scopo, scheduling and status 11. Reports regularly to the Avocette Account Manager Subject Matter Experts / Business Analyst A primary and secondary Subject Matter Expert is assigned to each ServicePlus client and is responsible for providing analysis of and recommendations for resolving incidents and providing analysis and design for service requests. The Subject Matter Expert will! 1. Be responsible for understanding the business needs in relation to the application Z Gather requirements for enhancements or service requests 3. Document both "as is" and "to be' to enable technical team members to cffectivcly configure the application 4. Liaise with CLIENT staff t0 understand and 60Cumeni. reporting requirements 5. Work with CLIENT to understand business problems in relation to the application 6. Works with the Avocette Service Delivery Manager to effectively timetable and deliver business analysis tasks as part of releases or service requests Database Administrator Avocette's core team also includes a Database Administrator. The Database Administrator is not assigned to the team but is available as and when needed. Assigned resources may hold one or more roles described above. The following table provides a list of some of the services that are available. City Council 22 - 108 6115/2021 10 Servicelllus Support Services AsreernenL Avocei e On -call On call evening, weekend As and NIA N/A $100.00 per 8 support and holiday support ran be when Hours of on arranged if required with 1 required call support day notice. After Hours In the event where CLIENT As and N/A N/A $145.00/Hour C8110ut has made advance when arrangements for standby required service and a service request is received outside of normal business hours that requires immediate response (i.e. cannot wait until tho ncxt business day) Avocette will invoice for a minimum of four '.... (4) hours or the actual hours worked, whichever is greater Rollout Clariti Implementation of annual Once per Clariti 80 Included major release major release in CLIENT's year (if application within Service environments available) environme Request • Includes testing of nt version Hours if current configurations level available, and functionality maintained additional at 1 hours are • Does not include version chargcd at implementation of new behind $125.00/Hour functionality) latest available. Rollout Clariti Implementation of feature Once each Clariti 15 Included feature pack packs in CLIENT's 6 Month application within Service ',. environments Period environme Request Includes testing of nt feature Hours if current configurations pack available, and functionality version additional level hours are Does not include maintained charged at implementation of new at least 2 $125.00/1 lour functionality) behind latest available. Rollout Clanli ImplernenLahon of Clariti As required Critical 20 Included Hotfixes patches in CLIENT's by Clariti hotfixes within Service environments patch (required Request Includes testing of releases by Hours if current configurations CLIENT's available, and functionality current additional Clariti hours are version) charged at $125.00/1-Iour City Council 22 - 109 6115/2021 11 Servicelllus Supporl Services AgreernenL Avocei e Does not include implementation of new functionality) Enhancement Service Request Hours draw Recommen N/A As required Included s down budget for d that within Service '.... enhancements to the Clariti CLIENT Request configuration allocate 30 Hours if hours per available, month '..additional hours are charged at $125.00/Hou r City Council 22 - 110 6/15/2021 12 ServicePlus Support Services Agreernent AVoce i e The following definitions are used throughout this proposal: "Acknowledge Request" means an email from an Avocette representative that confirms that a request has been received. "Additional Support Services" means any additional work requested by CLIENT beyond the Base Support Services. "Additional Support Services Fees" means the monthly fee paid to the VENDOR for the delivery of Additional Support Services. "Approved Service Request" means a Service Request or a VENDOR Service rroposal for which the proposal and budget estimate provided by VENDOR has been approved by CLIENT and VENDOR has been instructed to proceed with delivery of the subject matter. "Base Support Services Fee" means the monthly fee paid to the VENDOR for the delivery of Base Support Services. "CLIENT Point Of Contact" means the person in CLIENT responsible for managing the contract and approving all expenditures. I his person is also the CLIEN I reference of all administrative matters associated with this contract. "Contract Manager" means the Avocette Manager responsible for the dellvery of Managed Services across multiple clients. The Service Delivery Manager reports to the Contract Manager. The Contract Manager is present at Monthly, Quarterly and Annual Service Level Review meetings with CLIENT. "Customer Support Center (CSC)" means CLILN I's first level helpdesk service if used. I he Customer Support Center is responsible for declaring the initial priority of an Incident. "Incident" means an event that degrades or disrupts the normal operation of the appllcatlon that Is reported to the Service Desk and given a unique tracking number. "Incident Resolution Time" means the time to complete the permanent corrective solution (resolve the root cause). "On -call Hours" means those hours beyond the Standard Business Day. On -call services are available on request by CLIENT with one day's notice. "Preapproved Expenses" moans those expenses incurred by tho VENDOR in the oxccution of this contract including travel and living expenses as preapproved by the CLIENT. "Priority" means the degree of impact that an incident has on CLIENT business areas and clients. The priorities are graded from 1 through S and agreed response and resolution times are based on these priorities in the form of a Service Level Agreement. The Priority definitions can be found in Section 2.2 Service Levels. "Services" means Base Support Services and Additional Support Services. "Service Desk" means the service desk operated by the VENDOR providing a single point of contact and 2n° level support for all Services Incidents, and 161 level support for all Service Requests and Approved Service Requests for In -Scope Servers and In -Scope Applications. City Council 22 - 111 6/15/2021 A-1 Servicel'lus Supporl Services Agreernenl AVQCe i e "Service Delivery Manager" means the Avocette resource responsible for ensuring CLIENT service levels are met and that CLIENT remains satisfied with the service being provided. The Service Delivery Manager manages the support teani, ensures adequate coverage is in place, provides communication to CLIENT during incident recovery periods, and prepares the Service Level Reports. The Service Delivery Manager is present at Monthly, Quarterly and Annual Service Level review meetings at CLIENT. "Service Levels" means the operational perforrnance required of, and guaranteed by, the VENDOR in the delivery of the Services, as set out in Section 2. "Service Management Reporting" means the design, generation and delivery by the VENDOR of reports and reporting sufficient to meet CLIENT'S operational management requirements for the Services "Service Request" means a formal request issued by CLIENT for maintenance (upgrades, preventative maintenance) and enhancements. Service Requests are developed by CLIENT and typically include the description of the requested service, scope, expected deliverables and tinieline expectations. Avocette will provide estimates for Service Requests within 5 business days. All service requests are sent to the Avocette Service Desk and given a unique tracking number. "Standard Business Day" will be 7:00 a.m. to 5:00 p.m. Monday to Friday, not including Statutory Holidays. "Statutory Holidays" — In the United States means New Year s day, Martin Luther King day, Presidents Day, Memorial day, Independence day, Columbus Day, Veteran's day, Thanksgiving day, Christmas day, Christmas day holiday and in Canada means New Year's Day, Family Day (including Islander day, Louis Riel day, Viola Desmond day), Good Friday, Easter Monday, Victoria Day, Canada Day, Civic holiday (including AB, BC, SK. ON, NB, NU), Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, and Boxing Day. "Support Team" means the Avocette resources that are involved in the day to day support of the Supported Application Components. "Ticket" is a generic term for a unique tracking number that is generated by the Customer Service Centre or Avocette's service request management application. City Council 22 - 112 6/15/2021 A-2 EXHIBIT R COS PROPOsni. City Council 22 — 113 6/15/2021 ServicePlus Supporl Services Agreernenl Avocei e - "> r S C.. r.f "0Om1g,cl, IV: ServicePlus Basic (40 hourshnonth) Spi Term: Go Live — June 2023 $4,800.00/month ServicePlus Rasic (40 hours/month) SP2-1 Term: July 2023— June 2024 $4,800.001monih SP2-2 Signature Capture Subscription' $3,510.00/Year ServicePlus Basic (40 hours/rnonth) SP3-1 Term: July 2024— June 2025 S4,800.001moniti SP3-2 Signature Capture Subscription' $3,510.00/Year ServicePlus Basic (40 hours/month) SP4-1 Term: July 2025— June 2026 $4,900.00/month SP4-2 Signature Capture Subscription' $3,510.00/Year Licrnwd Usrfs (101-250 rangr) S181osor-(195 usor-cnunt) City Council 22 — 114 6115/2021 A-3 AGKEEMENT WITH PARK CONSULTING GROUP, INC. TO PROVIDE ADVISORS' SERVICES TOR LAND MANACEMENT SVSTEM TH IS AGREEMENT is made and entered into on Ibis I" clay ofJuty, 2021, b_y and between Park Consulting GrouP, hrc., a Callfolirla corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Consunttion and laws of the State of C'alifonria ("City"). RECITALS A. On August 24, 2020. the City issued a Request for Proposals (REP No. 20-108) for an Enterprise Land management System and Implementation Services. The RFP included Cxtensive system requirertrcnts and objectives that are incorporated herein by this reference. It. Consultant represent, that Consultant is able and willing to provide project advisory services to the City for the Clarril Platform Enterprise L'and MMn tgenrenl System. C. In undertaking the performance of this Agtcemat, Consuliant represar[s 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 profCSsional Consulting firnr in the field_ NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hercinnftcr set forth, the parties ngrce as follows: SCOPE O1,' SFRVICES Consultant shall perform during the terra 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 the Scope of Services attached hereto as Exhibit A and incorporatcct by rcicrcnce- 2. COMPENSATION a. City agrees to pay, and Consultant agn-ees to accept as total payment I'or its services for City, the Tales and charges identified in the Cost Proposal attached hereto as Exhibit B and incorporated by retcrence. The total amount to be expanded during the term of this Agreement shall not exceed 595,000. b. Payment by City shall he made within forty-five (45) days following receipt ofpropc- invoieC evidencing work perfuttncd, suviecl to City accounting proccdurCs. Payment need not be made for A orlc which fails to meet the standards of performance set forth in the Recitals which miry reasonably be expected by City. City Council 22 — 115 6/1 of 9 3. TLRM This Agreement shall coinrnutcc on .lul-y I, 2021 and continuC fur two (2) )'cai- tluough June 30, 2023, unless terminated carlict in accordance with Section 15, below. I his Agreement shall also cover any and all services provided by the Consultant to the City prior to the execution of this Agreement- The Term of the Agreement may be extended by a writing execuled by the City Manacr and City Attorney. 4. INDEPENDENT CONTRACTOR (An5Ltltanl shall, during the entire term of this Agreement, be consu-ued to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be Cotlstrued to create an employer -employee relationship, a joist[ venture relationship, or to allow rile City to exercise discretion or control over the professional manner in which Consultant performs the services which are file subject maller of this Agreement; however, the services to be provided by Consultant shall be. provided in a manner consistent with all applicable standards and regYulations governing such services. Consultant shall pay all salaries and wages, employer's social security tares, unemplo-yinent 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 properly 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 DOCwnenls &Data the Suhconn-actor prepares under this Agreement. Consultant represents and wart -ants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warraut-y in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its trse of Lhe Documents and Dula at any lime, provided that any such use not within Lhc purposesmcny this A idcd bgreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance- CorlSultarrrt shall maintain commercial general liability insurance teaming the City, its ottieers, employees, agents, volunteers and represauatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefiarn and damage to property, resulting from any act or Occurrence arising out of Consultant's operations in the perfonnancc of this City Council 22 — 116 6/1 FW of 9 Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death rCxtdting drercliont, and property damaec, in the total amount ofS1,000,000 per occurrence, with .S2,000,000 in the aggregate. Such insurance shall (a) name the City, its ollicers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the. City: and (e) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than x1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-ovVned aunnnnhiles. c. Worker's Compensation hrsurance. In accordance with the provision) of Section 3700 of the Labor Code, Consultant, il'Consultant has any employees, i, required to be insured against liability for worker's curnpensatiun or to undertake self insurance. Prior to commencing the performance of the work under this Agreement. Consultant agrees to obtain and maintain any employer's liability Insurance with limits not less than 'S1,000,000 per accident. d. If Consultant is or employs it licensed professional such as an architect or engineer. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000.000 per claim with S2000,000 in the aggregate. C. Cyber Liability Lnsurance, with limits not less than S2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this ag eentem and shall inClude, but not be limited to, claims involving security breach, system failure, data rCcioverv, business intcrntption, eybe extortion, social en .incering, infringement of intellectual property, including but not limited to infringement of copyright. trademark, trade dress, invasion of privacy violations, information then, damage to or destruction of electronic information, release of private information, and Iteration of electronic information. The policy shall provide eovcrane for breach response costs, regulatory lines and penahics as well as credit monitoring expenses. f. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant shall ntainlain all insurance required above in full l orce and effect for the entire period c over-ed by this Agreement. ii. Certificates of insurance shall tic furnishcd to the City upon cxcetttion of this Agreement and shall be approved by the City. iii. Certificates and policies shall some that the policies shol I not he canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. Where the amounts or coverage provided by the certificates of instlrancc provides coverage greater than those listed by this Agreement, the amounts provided by the cerlilicales of insurance shall he incorporated by reference into the Agreement. City Council 22 — 117 6/1 M1ot 9 V. Comsultant shall supply City with a fully executed additional insured endorsemetu- f I f Consuhanl bails or reluses to produce or maintain the insurance required by Ihis section or [ails or refuses to famish tile City with required proof Lhat insurance has been procured and is in barge and paid for, the City shall have the right, at the City s election, to forthwith terminate this Agreement. Such termination shall not affect Consultants right to be paid for its time and materials expended prior to notification of termination- Consultant naives the right to receive compensation and agrees to indemnify the City for any work per-fonned prior to approval of insurance by the City. 7. INDEMNIFICATION Consultant a�g-ecs to defend, and shall indemnity and hold harmless the City, its officers, agents, employees, C07111-aetON, special ecanlscl, and representatives from liability: ( I ) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including dealh, and claims for properly damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, crnployccs, or other persons acting on its bchall 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 nrisine firm this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, jusl compensation, resLiLotion, judicial or equitable reliel'suffered, or alleged to have been suffered, by reason of the events referred to in this Scuiun or by reason of the terms of, or cttects, arising from this Agreement. The Consultant turther 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 parly challenging the validity of this Agreement, or asserting that personal injury, damages, just contpcnsadon, restitution, judicial or equitable relief date to personal or property rights arises by reason of the tams of, or effects arising from this Agreement. City ma-y make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are suhiect to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claim; that arise out of, pertain Lo, or relate to the negligcncc, recklessness, or willful miscunducL 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 infringerent of any United States' letters patent, trademark, or copyrigln 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 perfortnecl under this Agreemenl_ Consultanl shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements City Council 22 — 118 6/1 2 cal 9 charged to the City for a minimum pciiod of three (3) years, or for any longer period requil-Cd by law, koln the date of linal payment to Consultant under this Agreement- All such records and iuvuiccs shall be cleanly identifiable. Cunsrdtant shall allow it rcprCsattattivc ill' the City to exarttine, audit, and make transetipts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection ofall work, data, doenrllents, proceedings, and activities related to this Agreement fin- a period of three (3) ycar:s from the date of final payment to Consultant undo this Agreement. 10. CONFIDENTIALITY Tf Consultant receives h-om the City information tifiich due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consuhant agrees that it shall not use or disclose such information except ill the perforniauce of this Agreement, and htrthcr agrees to exercise the same degree of care it uses to protect its own information of like impor(ance, bill in no event less Lhan reasonable care. `Confidential fidormation" shall include all nonpublic infra -Illation. Ccmfidential infbt-rnation includes not only written information, but also infornation uansfcrred orally, visually, clectionically, ca- by other means. Confidential information disclosed to eilier party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing oblig.)tions of non-use and nondisclosure shah I not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consullanl disclosed in a publicly available sotuee; (c) is in rightful possession of the Consultant without au obligation ul'cunlidcntiality, (d) is ruluired to be disclused by operation of law; ur (c) is independently developed by the Consultant without reference to information disclosed by the G ly. 11. CONF'I.IC F OF' INTF;RF:S'I CLAUSE 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. 12. NON-DISCRIMINATION (:onsullanl shall not dkCruninale because oll-ace, color, creed, religion, sex, marilal oaltio, sexual orientation, gender- idaitity, gender expression, gender, medical conditions, genclic intorntation, or military and veteran status, agc, national origin, anecsuy, or disability, as defined and prohibited by applicable law, in the recruiunent, selection, teaching, training, utilization, prnnuttion, termination or other employment related activities or any services provided under this Agreement. C'onultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local law; and regulations- 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exClusive statement between the City and Consultant, and supersede, any and all other agrce merits, oral or written, bcrwccrt the parties. Tn the evenl of a conflict between the terms of this Agreement and any auachrnems hereto, ttrc terms City Council 22 — 119 6/1 M1uf 9 of this Agreement shall prevail_ This Agreement may not be modified except by written instrument signed by the City and by an authorized representative ol'Cnnsultant. The parties agree that any terms of conditions of any purchase older or other instrument that arc inconmActit with, ur in addition to, the terns and conditiortc hereof, shall not birth or Obligate Consultant or the City. I[ach party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting nn behal rol'any party, which is not crnbodicd herein. 14. ASSIGNMENT InaSmLLCh as this Agreement is intended to secure the specialized service, or Consultant, Consultant may not assign, transfer, delegate, or subcontract arty interest herein without the prior written consent of the City and ally such assignment, transfer, delegatiuu or subcontract without the C:ity's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the Cily's ability to have any or the services which are the subject to Lhis Agreement per-fonned by City pc sonncl or by other contractors retained by City. 15. TERMINATION This Agreement may be tenninated by the City upon thirty (30) days written notice of termination_ In such event, Consultant shall be entitled to receive and the City shill pay Consultant conupcusatiu❑ 1'ur all sciviccs pcilonucd by Conxdtanl priur to rcccipt of such ❑uticc of termination, subject to the tollowing conditions: a. As a cuudition of such payment, the Executive Director may require Cnnsultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the properly of the City unless prohibited by law, and Consultant consents to the City's use dtcrco[' [Or such purposcs as the City deems appropriate. b. Payment need not be made for work which lords to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER NO waiver of Breach, failure of any condition, 01' arty right in' rcmcaty contained in Or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the parry waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or rcmcdy shall be deemed a waives- of any other breach, f tiltu-c, right or rcmcdy, "'Nether or not similar, nor shall any waiver Constitute a continuing waiver unless the tiriting so specifics_ 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the Slate oI'C aIifbrnia and the validity, interpretation, pcifornrancc, and cirforccmcut of any of the clauses of this Agrccmcnt shall be determined and governed by the laws of the State of California. Both parties turiher agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or City Council 22 — 120 6/1 1of 9 arise nut of, in connection with or by reason of this Agreement - is. PROFESSIONAL LICENSFS Consullant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary lirr the provision of the services hereunder and tucluircd by thee laws and regulations of dre United States, the State of California, the City of Santa Ana and all other govcrnmcntal agencies. Consultant shall notily dic 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 uniting and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postagec prepaid, or sent by fax or other telegraphic ComIll Lill ication in the manncrprovided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic CCntC1' Plaza (M-30) P.Q. Box 1988 Santa Ana, CA 92702-1998 Fax: 714- 647-6956 With Courtesy Copies to: Hou ing Division Manager Community Development Agency City of Santa Ana 20 Civic Ccntcr Plaza (M-26) P.Q. Box 1988 Santa Ana, California 92702 To Consultant: Park Consulting Group 200 Specn-um Center Drive, Suite 100 Irvine, CA 92619 City Council 22 — 121 6/1 9MA019 A party may change its address by giving noticC in writing to the other parry. Thereafter, ally eonnnunie.mon shall be addressed and transmitted to the new address. 11' sent by mail, Coturnunicxliun shall be ol7ectivc of deemed to have been piven three (3) days alict it has boon deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. 11 sent by lax, comfill] nicalion shall be effective or deemed to have been given twenty-lixtr (24) hours alter the time set lirrth on the transmission report issued by the transmitting facsimile machine, addressed as set tbrth above. For purposes of calculating those time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. raCh undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terins of this Agrocnnont, and shall indemnity City fully, including rcwunable costs and attorncj''S tCCs, for any injilrics or damages to City in the event that Such allthor'ity 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 tnrth in the body of this Agreement C. This Agrecnnent must be signed below and may be signed in counterpart and dclivo-ed by lax, email as a PDF (Portable Document Format) file attachment, or by other means that displays the original or a copy of the signaurres. Any subsequent amendments may be signed and delivered in The Same manner. f�S'lgil(ItUYe-Y U)l1UILU1411J? pClgC City Council 22 — 122 6/1 of 9 TN WTTNFSS WHFRF(>F, the parties hereto hare executed this Agrecnteatt the date and year first above written - ATTEST: Daisy Gotncz Clerk of the Council APPROVED AS TO FORM: SOMA R. CARVAL110 City Attorney % I By. Ryan O. ){o by Assistant`<Sty Attorney RECOMMF.NDFD FOR APPROVAL: JACK CT17LLA Chief Technology Innovations OIliecr Information Technology Department CITY OF SANTA ANA Kristine Ridge City Manager CONSl11,T 13y: Glenn Park Title: President. Shareholder City Council 22 — 123 6/1 1`i19 EXHIBIT A SCOPIi01 SI;.RVICIfS City Council 22 — 124 6/15/2021 SANTA ANA C A L I F O R N I A UlyiadllUiluduu+�ml /dlli@uV��IWfu�II�'� , ,,n rr „�w�nu . g � a. ®�,,,, M� Prepared for: City of Santa Ana Attn: Jack Ciulla Chief Technology Innovations Officer City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Prepared by: Park Consulting Group 200 Spectrum Center Drive, Suite 300 Irvine, CA 92618 Glenn Park glennCcfparkcgp.com City Council 22 — 125 6/15/2021 City of Santa Ana - LMS Project Advisory Services SCOPE OF SERVICES The team at Park Consulting Group have applied experiences and lessons learned from previous and active LMS projects to recommend the following consulting services needed for the City of Santa Ana's LMS Project: 1. Core Principles of Park Consulting Group • Serve as a steward to the City to have the interests of the leaders, staff, and constituents in mind to identify opportunities to save time and money, and to work to achieve the City's goals. • Serve as an advocate for the City in interactions with project related vendors, consultants, and contractors. • Serve as an advisor for the City to Support communication with leadership and key stakeholders. including input for staff reports and constituent communications. 2. LMS Implementation Advisory Services • Review project scope, goals and deliverables that support business goals for the LMS Project. • Effectively communicate with project team members and stakeholders in a timely fashion and on an ongoing basis. • Review project plans and project timelines and milestones provided by the project team. • Review tracked project milestones and deliverables against SOW. • Review project lessons learned to identify successful and unsuccessful project elements. • Provide project team with best practices and tools for project execution, management, and delivery from LMS implementation experiences. • Review staffing requirements from vendor and comparison with City staffing availability. • Attend steering committee, stakeholder, project management, project sign -off, and other project meetings, as requested. Review project plans and associated communication / sign -off documents, as requested. • Rcvicw project deliverables and approval documentation to ensure they adhere to City's expectations, objectives, and requirements, as requested. • Support identification of risks and issues within the project as needed; consult with city management to formulate a plan to mitigate and resolve. • Support analysis and discussions for changes in project scope, identifying potential project challenges and development of contingency plans. 3. Key Assumptions • PCG shall be responsible for advisory services and is estimated at participating between 10-20 hours per month throughout the duration of the LMS Project on an as -needed basis as directed by the City. • City will provide a primary project contact that is available throughout the duration of services. • City will make project management team members, subject rnauer experts, and an implementation team (including consultants, contractors, and vendors) available to PCG to answer questions and provide updates as needed. • City estimates PCG should primarily have the ability to deliver the project remotely with no on -site visits and/ or incurred travel costs. In the event an onsite meeting is required, City will notify PCG. • Park Consulting Group provides a broad range of Building and Permitting System implementation, advisory, and development services. City may request additional services outside of the scope of services and duration and will be considered based on the established hourly rates. City Council 22 — 126 6/15/2021 EXHIBIT R COS PROPOsni. City Council 22 — 127 6/15/2021 City of Santa Ana - LMS Project Advisory Services�'� Cost Proposal LMS Proiect Advisory Services LMS Project Advisory services are proposed to be provided with a time -and -materials compensation approach utilizing the following hourly rates. The not to exceed compensation amount is $95,000. Project Resource r Principal LMS Consultant $1g0/ Hour LMS Project Consultant $165/ Hour Additional Services Additional services outside of this proposal will utilize the above hourly rates, if requested and approved by the City. City Council 22 — 128 6/15/2021 Public Works Agency https://www.santa-ana.org/pw Item # 23 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report June 15, 2021 TOPIC: Solid Waste Consultant Agreement Amendment — State Mandate Compliance Assistance AGENDA TITLE Approve an Amendment to the Agreement with EcoNomics, Inc. for Solid Waste Consultant Services to Modify the Scope of Work, Increase the Agreement Capacity in an Amount Not to Exceed $119,988, and Extend the Term up to Two Years (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an amendment to the agreement with EcoNomics Inc. to extend the agreement for a one-year period to June 30, 2022 with an option for a one-year extension; expand the solid waste consulting services scope of work; increase the total compensation by $99,990, plus a 20 percent contingency of $19,998, for a total additional amount not to exceed $119,988, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency has worked with EcoNomics, Inc. since 2019 on a variety of State -compliance related processes such as the following: development of cost projections for an organics diversion program, municipal code updates related to CALGreen building standards compliance, and the development of enforcement mandates for new and existing State of California mandates. The Public Works Agency is in need of additional services in order to comply with state mandates and desires to amend the agreement (Exhibit 1) to expand EcoNomics, Inc.'s scope of work. Additional assistance is needed with the development of a citywide ordinance, expansion of the CALGreen compliance program, Santa Ana Municipal Code revisions, City/County Payment Program reporting, and assistance with the transition to a new solid waste agreement. The compensation and term will also be amended to allow sufficient time and contract capacity for the requested services. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. City Council 23 — 1 6/15/2021 Solid Waste Consultant Services Agreement Amendment June 15, 2021 Page 2 FISCAL IMPACT The total amount of the requested amendment is $119,988. Funds are available for expenditure in FY 2021-22 and will be budgeted in subsequent years as follows - Accounting Fiscal Unit— Fund Accounting Unit, Amount Year Account # Description Account Description Refuse Refuse Collection FY 21-22 06917640- Collection Service, Contract $75,000 62300 Service Services -Professional Optional 1-Year Extension Refuse Refuse Collection FY 22-23 06917640- Collection Service, Contract S44,988 62300 Service Services -Professional Total Amendment: $119,988 EXHIBIT(S) 1. Amendment to Agreement with EcoNomics, Inc. Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency Approved By. Kristine Ridge, City Manager City Council 23 — 2 6/15/2021 WTHI EIMI SECOND AMENDMENT TO ACREEMENT TO DEVELOP COST PROJECTIONS FOR AN ORGANICS DIVERSION PROGRAM THIS SECOND AMENDMENT to the above -referenced agreement is entered into nn June 15, 2021, by and between F,coNoinics, Tne- ("Consultant"), and the City of Santa Ana, a charter city and riuuiicipal anporation organised and existing under the Constitution and labs of tlnc State of California ("City"). RECITALS A. The parties entered into Agreement No, N-2019-080, dated April 1, 2018, by which Consultant agreed to develop cost projections for an organics diversion program compliant With state, law ("Agn-ecnu:nf'). The tCllnn o['the Agrecanent ran through June 30, 2020. B. On ,lane 1 6, 2020, the Parties entered into a First Amendment to the Agreement to increase the scope of services, include additional compensation due to the increased services, and extend tltc tern of the Agrecmcnt Until Jtine 30, 2021. Tlne Agreement is cUCPcnt and to etfect. C- The parties now wish to further amend the Agrecinent to expand the scope of work, incrcasc the amount to be expended under the Agreement, and extend the term of the Agreement. The Parties therefore agree: I - Section 1, Scope of Services, is further amended to include the additional services that are described on Exhibit A to this Second Amendment. 2- Section 2.a, Compensation, is amended in its entirety to increase the total sum to be expended under the teen of the Agreement, as amended, by $1 19,988 per the rates and ties attached heie to as Exhibit A to the Second Amendment. The sum of this atnount is comprised of (1) the base sum of �99,990; and (2) a 20'% contingency of $19,998 for additional services provided at the City's sole discretion- The total amount to lie expended tender the tern of this Aareennent, including any extension period, shall not exceed 5209,952. 3- Section 3, Tenn, is amended in its entirety to increase the term through June 30, 2022, with the option for the parties to extend the term for an additional one (1) year period. 4. Except as modilicd by this Sccond Amcandnncnt, all tens and eonditions of the. Agrecnncnt, as amended- shall remain in full force and effect- [signaturc page to follow] City Council 23 — 3 6/15/2021 r01ffimi IN WITNESS WHEREOF, the parties hereto halve executed this Second Amendment to the Agreentcrtt on the date and year first written above. AT" F.ST DAISY GOMF/ Cleric of the Council APPROVED AS TO FORM SONIA R. CAR VALHCt City Attorney By: , BRANDON SALVATIERRA Deputy City Attorney RLCOMMLNDLD FOR APPROVAL NahiI Snha Executive Director, Public Works Agency CITY OF SANTA ANA KRIS TINI: RIDGE City Manager CONSULTANT C 1. By: Title: City Council 23 — 4 6/15/2021 WN09nM EXHIBIT A The below budget includes a reimbursables budget for any reproduction, mileage, mailing, etc. as these costs are included in hourly staffrates. The tahle below shows the proposal annual budget. FcoNomics may request minor adjustments of hours between tasks with prior City approval. However. the NTF will not exceed the amount shown. City Council 23 — 5 6/15/2021 Public Works Agency https://www.santa-ana.org/pw Item # 24 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report June 15, 2021 TOPIC: Solid Waste Consulting Services Agreement Amendment— Request for Proposal and Contract Assistance AGENDA TITLE Approve the Second Amendment to the Agreement with HF&H Consultants, LLC, for Solid Waste Consultant Services to Expand the Scope of Work and Increase the Agreement Capacity by $120,000 for the Remaining Term of the Agreement (Non - General Fund) RECOMMENDED ACTION Authorize the City Manager to execute the second amendment to the agreement with HF&H Consultants, LLC to expand the solid waste consulting services scope of work and increase the total compensation by $100,000, plus a 20 percent contingency of $20,000, for a total additional amount not to exceed $120,000 for the remaining term of the agreement expiring June 30, 2022, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION HF&H Consultants (HF&H) is assisting the Public Works Agency with the Request for Proposals (RFP) process for City solid waste services that will provide appropriate solid waste services in Santa Ana, while considering recycling trends and maintaining compliance with State legislation. HF&H previously assisted the City in establishing the City's "Green Policy" and goals, negotiating an extension of the solid waste services agreement, developing a draft solid waste services RFP and agreement, evaluating proposals, expanding the RFP scope of work and agreement language, and initiating negotiations. HF&H was originally contracted to negotiate with one proposer and the Public Works Agency desires to amend the agreement (Exhibit 1) to modify I IF&I I's scope of work to include negotiations with four proposers, preparation of four solid waste services contracts, and provision of contract transition services. The compensation will also be amended to allow sufficient contract capacity for the requested services. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. City Council 24 — 1 6/15/2021 Solid Waste Agreement Amendment June 15, 2021 Page 2 FISCAL IMPACT The total amount of the requested amendment is $120,000. Funds are available for expenditure in FY 2020-21 and will be budgeted in subsequent years as follows - Fiscal Year Accounting Unit Fund Accounting Unit, Amount — Account # Description Account Description 2020-21 Refuse Refuse Collection (June) 06917640-62300 Collection Service, Contract $90,000 Service Services -Professional 2021-22 Refuse Refuse Collection (July -June) 06917640-62300 Collection Service, Contract $20,000 Service Services -Professional Optional 1-Year Extension 2022-23 Refuse Refuse Collection (July -June) 06917640-62300 Collection Service, Contract $10,000 Service Services -Professional Total Amendment: $120,000 EXHIBITS) 1. Second Amendment to Agreement with HF&H Consultants Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 24 — 2 6/15/2021 EXHIBIT 1 SECOND AMENDMENT TO AGREEMENT FOR SOLID WASTE CONSULTING SERVICES THIS SECOND AMENDMENT to the above -referenced agreement is entered into on .Tune I5, 2021, by and bclwecn IIF&II Consultants, LLC (Consultant"), and the City of Santa Ana, a chartercity and municipal corporation organized and existing Under' the Constitution and laws of the State of California ('CityI). RECITALS A. The parties entered inlo Agreement No. A-2018-134, Baled May 15, 2018, by which C011SLLltant agreed to provide solid waste consulting services ("Agreement")- The term of the Agreancnt ran through Junc 30, 2020. B. On September 17, 2019, the Parties crim-ed into a First Antendtnent to the Agreement to increase the scope of services, include additional compensation duc to the increased services, and extend the term of the Agreement until June 30, 2022. with an option to extend the Agreement. The Agreement is current and in effect- C.'I lie panics now wish to furflicraniendtlic Agrccinciitto expandthe scope of work and increasc the amount to be expended under the Agreemeril in consideration of the expander] ~cope. The Parties therefore agree: 1. Section 1, Scope of Services, is further amended to include the additional services that are described nn Exhibit A to this Second Amendment. 2. Section La, Compensation, is amended in its entirety to incrcasc the total sum to be cxpcnded Under the term of the Agreement, as amended, by $120,000 per the rates and fees atuaclhed here to as Exhibit A to the Second Amendment_ The sum of this amount is compri,ed of a base amount of $100,000 and a 20'Y6 contingency amount of S20,000 for services provided at the solo discretion of the City. I'he total amount to be expended under the term of this Agreement, including any extension period, shall not exceed S+561.919. 3. Lxcepi as moclified by this Second Amendment, all terms and conditions of the Agreement, as amended, shall remain in fill] force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement in1 the date and year first written above. ATTEST CITY OF SANTA ANA DAISY GOMLL Cleric of the Council KR1STINL RIDGL City Manager City Council 24 — 3 6/15/2021 APPROVED AS 'ro FORM SONIA R. CARVALHO, City Attorney By:, ~� ..................... Brandon Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL Nabil Saba Executive Director, Public Works Agency CONSULTANT By: L,ro, 7/ Title: City Council 24 — 4 6/15/2021 City of Santa Ana Workplan 25-May-21 Solid Waste Negotiations EXHIBIT A Total Fees $ 28,320 $ 54,080 $ 13,858 $ 3,680 $ 99,938 Expenses $ 62 Subtotal Before Contingency 9 100,000 Contingency $ 20,000 Total Fees & Expenses $ 120,000 ll) HF&H wV l meet an rl ronfer with City on tasks to he InCiutlerl In the transit Ion asslaanre up to the avallahie hurlget. City Council 24 — 5 6/15/2021 Public Works Agency https://www.santa-ana.org/pw Item # 25 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report June 15, 2021 TOPIC: School Crossing Guard Agreement AGENDA TITLE Approve Agreement with All City Management Services, Inc. for the School Crossing Guard Program for up to a Five-year Term in an Amount not to Exceed $6,870,353 (General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with All City Management Services, Inc. to provide a school crossing guard program, in the amount of $6,245,775, with a 10 percent contingency of $624,578, for a total amount not to exceed $6,870,353 for a three- year term beginning July 1, 2021 and expiring June 30, 2024, with an option for two, one- year extensions, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The School Crossing Guard Services Program (Program) serves three school districts, which include 35 schools, and dispatches approximately 50 crossing guards throughout the City. During 2020, the Program was reduced due to a decrease in student traffic. It will return to full service in FY 2021-2022 as schools re -open for in -person instruction. The Program was recently transferred to the Public Works Agency, and in November 2020 Public Works issued a Request for Proposals (RFP) for these services (Exhibit 1). Five vendors submitted proposals, which were evaluated by a rating panel and ranked based on the criteria included in the RFP. The results are summarized below. COMPANY RANK All City Management Services, Inc. 1 American Guard Services 2 Command Int'I Security Services 3 CEED Security 4 Alltech Industries, Inc. 5 City Council 25 — 1 6/15/2021 Agreement with All City Management Services, Inc. for Crossing Guard Program June 15, 2021 Page 2 The proposal submitted by All City Management Services, Inc. (ACMS) is ranked highest, is responsive to the criteria, and meets the City's requirements. ACMS has provided crossing guard services to the City of Santa Ana since 2013 and has a proven record of professional, consistent service provision. As such, staff recommends awarding the agreement to ACMS (Exhibit 2). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The FY 2021-22 General Fund budget includes $820,980 for the School Crossing Guard Services Program. The proposed contract exceeds budgeted funding. To make up the $466,981 funding shortfall for FY21-22, staff will request a carryforward of any unspent FY20-21 appropriations and re -assess the budget at Midyear. Beginning in FY22-23, the General Fund budget will need to increase by $0.5 million to maintain the level of service going forward. If services are significantly reduced due to lack of funding, rates will need to be renegotiated as there are significant fixed costs. The following table summarizes expected contract expenditures by fiscal year. Accounting Unit- Fund Accounting Unit - Fiscal Year Account No. Description Account Amount Description General Crossing Guard, 2021-22 01117644-62300 Contract Services- $1,287,961 Fund Professional General Crossing Guard, 2022-23 01117644-62300 Fund Contract Services- $1,305,728 Professional General Crossing Guard, 2023-24 01117644-62300 Fund Contract Services- $1,405,003 Professional Optional Extensions General Crossing Guard, 2024-25 01117644-62300 Contract Services- $1,405,003 Fund Professional General Crossing Guard, 2025-26 01117644-62300 Contract Services- $1,466,658 Fund Professional Total $6,870,353 City Council 25 — 2 6/15/2021 Agreement with All City Management Services, Inc. for Crossing Guard Program June 15, 2021 Page 3 EXHIBIT(S) 1. Request for Proposal #20-149 2. Agreement with ACMS, Inc. Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency Approved By: Kristine Ridge, City Manager City Council 25 — 3 6/15/2021 REQUEST FOR PROPOSALS (RFP) FOR CROSSING GUARD SERVICES RFP NO.: 20-1.49 CITY OF SANTA ANA Public Works Agency 20 Civic Center Plaza, M-43 Santa Ana, CA 92701 ZDENEK"ZED"KEKULA Project Manager (714) 647-5653 Office wegalvez(iesanta-ana.or_ for Release: Edwin "Wiliam" Galvez City Engineer Public Works Agency KEY RFP DATES (Subject to change at discretion of City): Issue Date: November 24, 2020 Deadline for Requests for Information: December 17, 2020 Proposal Due I:)ate: January 21, 2021 Projected Award Date: March 2, 2020 City Council 25 — 4 6/15/2021 NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received fi-onl qualified limns to provide adult crossing guard services to aide primarily school children of out community as they walk to and from school. Responses to this Request for Proposals (RIP) must be submitted electronically to the Planetllids system no later than.lANUARY 21, 2020 at 5:00 p.m. Proposals received atter this date/time will not be ctntsidcred- It is the responsibility ol'the proposer to CnsurC that any proposals Subrniucd have sufficient time to he received by the City of Santa Ana prior to this proposal due date and tittle. Additionally, it is a requirement that bard copy proposals also be sent by courier service, mailed, or hand delivered in an enclosed sealed envelope and marked clearly with the following "SEALED PROPOSAL FOR CROSSING GUARD SERVICES REP NO. 20-149 IN THE. CITY OF SANTA ANA DO NO OPEN WH H RF.GUI.AR MAIL," City of Santa Ana ALM.:/.DFNF.K `/I-_D" KFKI,[,A Public Works Agency; M-d3 20 Civic Centel- Plaza; Ross Annex Santa Ana, CA 92701 For lurther inslructions regarding had copy submission of proposals, refer to Planel Bids and Section 1 - Introduction/Program Description in this RFP- All notifications, requests for information, updates and addclida will be posted online on Platlefflids atl://wwt pl:rnetlrtr( rgnr/pnitd �r�t1 it t!i ir( r�mpam/lllt '0137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respotld to required updates may result in a dctcrrnination o[ a nonresponsive qualification. City Council City of Santa Ana Fff2t149 6/15/2021 Paqe 2 TABLE OF CONTENTS 1. INTRODUCTION / PROCRAM DESCRIPTION 4 11. INSTRUCTIONS TO PROPOSERS A. C'11) RI[Sf'ONSIIi11.I11LS R. FIRM RF.SPONSIRIT.TTIFS C. RLQL1liSF FOR 1NFORMAIION OR CLARIFICA140N D. ADDENDA E. LICENSES & PERMITS I. INSURANCI: G. INFORMATION NACKF I H. PRE -PROPOSAL MEETING L CI IN RICI IT TO RFJF('T 1 RID PROTESTS Ill. SUBMITTAL REQUIREMENTS A. GENERAL R. PROPOSAL CONTENTS 1. S I -A I OvlkN 1 01- QUAIJI-IC'A IIONS 2. SCOPF'. OF SFRVICF,S & SCHFI)UI.F. 3. FEE PROPOSAL 4. CERTIFICATIONS :7 IV. PROPOSAL REVIEW (CONSULTANT SELECTION) 10 A. EVALUATION AND RATING R. SELECTION V. CON 1'liACl' AM AR.I) 111 A. REQUEST FOR COLINCIL ACTION B. EXEC'.TTT10N OF AGREEMENT VI. IMPLEMEN FATION 11 A. KICK-OFF MEETING & NOTICE TO PROCEED VII. PUBLIC RECORDS 11 VIII. APPENDIX ATTACHMENT 1: SCOPE OF SERVICES & CROSSING GUARD LOCATIONS AI'TACHMENI' 2: FIE PROPOSAL FORM AT'1 ACHMEN'l 3: S I ANDARD AGREEMENT ATTACHMENT 4: CERTIFICATIONS City Council City of Santa Ana Fff2W149 6/15/2021 Paqe 3 1. INTRODUCTION / PROGRAM DESCRIPTION Nalure of Work: The City of Santa Arta, California is soliciting proposals front qualified firms to pr'ovidc adult crossing guard services to aide primarily school children of our community as they walk to and from school. the out -sourced crossing guard program will include recruitment, training, coordination, and management of the entire Adult Crossing Guard Program- The Crossing guard program will be conducted in the City ol'Sama Ana- 1 lie City of Santa Ana intends to award a contract for a minimum term of three (3) years with an option to extend the contract one additional twcryear term. It is anticipated that this new conu-act will commence on July 1, 2021- Number of Proposals and Signature: Three (3) hard copies are required to accompany an electronic submittal of the complete proposal package on PlanetBids- One of the hard copies shall be nuanced as ` ORICiTNAL" and be signed by a company official with the power to bind the company, and Submitted to The City of Santa Ana. Please he explicit in ndentift-irkq the appropriate person Ivith legal authority to hind the coanpany. The Statement ol'Qualifications, detailed in this RFP under Section 111, shall be limited to a maximum of (10) double -sided pages (excluding front and back covers, section dividers and attachments such as resunmes, fortis). Pont size shall be minimum I I -point Arial. Proposal exhibit~ and/or allachnmenis shall be maximum si/e of 11 inches x 1 7 inches. Proposal Lvaluation and Rating The criteria for evaluating the SOQ submitted will Mke the following items into consideration o Overall understanding 200/1. o Qualilication and experience MON, o Supetvisomy personnel's qualifications, experience, time commitment 20% o Overall quality of the proposal 20%, o References 20°N. The City has established a proposal review committee to evaluam proposets based on the response to this RPP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth above. A final score will be calculated for each submitted proposal and used to rank the proposcrs- City Council City of Santa Ana Fff2T149 6/15/2021 Paqe 4 Term of the Contract: The City desires to enter into a Contact with the top scoring lirm for an inilial three (3) year lens Willi a City option to extend the contract one additional two—year lens. This tcrin will be specified outlined in the Agreement. A copy of the Standard Consuhant Agrecmait is provided in the Appendix, Attachment 3, of this RIP. City Council City of Santa Ana Fff2t$149 6/15/2021 Paqe 5 11. INSTRUCTIONS TO PROPOSERS A_ CITY RESPONSIBILITIES The City will provide information in its possession relevant to preparation of required information in this RPP. The City will provide only the stall assistance and documentation ., cificslly referred to ha-ciii. B_ PROPOSER RESPONSIBILITIES Point of Contact: The scicctcd proposes will assume responsibilities tier all scrviccs in its proposal. The selected proposer shall identify a sole point of contact with the greatest knowledge concerning the required service operations and contractual matters, including payment and financial arrangement for all charges related to the contract. Evidence of Financial Capacity: Proposer may be rcqucstcd to SUbmit its most recent audited financial statement, evidencing proposer's financial capacity to fully perform the required Services, including provision of equipment and personnel expenses over a ninety (90) day period. If;aid financial statement doeS not reflect full ninety (90) day operational capacity, proposcr may include a letter of credit as evidence of suppletncntal capacity. Additional financial capacity information, if any, is identified in the Scope of Services — Attachment 1. C REQUEST FOR INFORMATION OR CLARIFICATION All questions or rcqucstcd clarifications sliall be made only in writing to the Q&A section located in Planetl3ids no fewer than live (5) calendar dam prior to the dale and time set for opening of proposals_ No verbal requests or responses will he accepted_ Significant interpretations or clarifications will be addressed via addenda to this RFP. D. ADDENDA Any changes in R hP fi-om the date ofrelcase to bate of submittal will result in an addendum or amendment Notification ol'such addendum or amendment shall be posted on PlanetBids t 111-1,1r.1a/www lrl urctfnd chin/ ctrt tl/prnf_:il clrn�C=arnptnyCC<_:S- 20137 as set forth in the Notice Inviting Proposals. Addenda shall become part of the agreement documents. E. LICENSES & PERMITS The scicctcd proposcr shall be required to obtain a City of Santa Ana Business 11CCIISC within ten (10) business clays of selection and must provide a copy to the City's project manager or designee prior to cotrunencing any work in Santa Arta. Additionally, Proposer will be responsible for obtaining any license~/permits required by the Scope ol- Services_ City Council City of Santa Ana Fff2QJ149 6/15/2021 Paqe 6 F. INSURANCE The Selected Proposer shall providee the required evidence of insurance coverage as set firrth in the Scope of Services - Attachment I within ten (10) business days after receipt of notice that the contract has been awarded. Failure to provide the required insurance certificates steal I he, cause for the annulment of the award and the forfcintre of the proposal guaranty. The City will provide the Selected Proposer with a "New Vendor Checklist", which outlines insurance requirements- G. PAVMIiN I'INFORMA FION PAC'KFX The selected proposer shall return a completed payment information packet within ten (10) business days after the successful proposer has received notice that the contract has been awarded. If. PRE -PROPOSAL MEETING Should a pre -proposal meeting be scheduled, the date, time, and location is identified on the cover page of this RF1'_ The meeting will include CI15Cu551on of the scope of services and a question -and -answer session. It is Highly recommended that the Proposcr's ke_y team members attend this meeting. Significant interpretations or clarifications will be addressed via addenda to this RI -I', as described above in "Section I): Addenda." T. CTTY RTC iHT TO REJECT The City reserves the right to reject any or rill proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this 1:FP or otherwise. The C'.ity reserves the right to accept or reject the combined or separate Co rrponents of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal. The City reserves the right to reject, replace, and approve any and all subconuactors. All subctmth-aclor(s) shall be identified in response to this RFP. Subcontractors shall be the responsibility of the successful proposer and the City shall assume no liability of such subcontractors. 1 BTF) PROTESTS Proposers with concerns or rebuttal of -any stall dctcnttination of non -responsiveness or non- responsibility may subunit, in writing within live (5) business days, to the Project Manager, any concerns regarding the RFP process or staff determination. SUch writing shall be considered by the City Manager or her designated representative, and may be acted Upon within live (5) business days_ Uno action is taken within such Lime, there shall be no chanl;c to the stall'dda tnination. The exercise by the Proposer ofnu right to submit written City Council City of Santa Ana Fff2"49 6/15/2021 Page 7 concerns shall be a condition precedent to seeking judicial review of any award of a contract hereunder. 111. SUBMITTAL REQUIREMENTS A. GENERAL 1. The number of Proposal Copies and signature is specified in: UP SECTION I - INTRODUC'TION / PROJECT DESCRIPTION 2. Deadline: Proposals arc due to the Ciry of Santa Ana at the date, time, and location specified in the Notice Inviting Proposals. B. PROPOSAL CONTENTS The proposal fornnatand page limitation, irany, is specified in. RFP SECTION I - INTRODUCTION / PROJECT DESCRiPTiON 1. STATEMENT OF QUALIFICATIONS a. Cover Luttcr: Prupusals shall inultalc a letter signed by a principal ur authorized representative who can make legally binding commitments for the entity. b_ Contract Agreement Statement Proposal shall include a statement outlining your amcun-Cancc. or concerns with an_v and all provisions contained in the. Agreement attached herein as Attachment 3 in the Appendix. C. Firm and I'cam Fxperiencet Proposal shall include a profile of the tirm's experience. Include resunnes of project team/sub-consullarnts that will be providing services which outline their technical and design experience At a minimum, this should include the project manage/principal agent, associates in charge when project manager/principal agent is unavailable, key personnel. firnn size, and an organization chart identifying only those who will perform word: for the proposed project and the percentage of each individual's time devoted to this project. The project manager/principal agent shall be the. primary City Council City of Santa Ana Fff20rl49 6/15/2021 Paqe 8 contact person to represent your firm and will be the person to conduct the presentation, if invited for an interview. d- Understanding of Need: Proposal shall include an outline which demonstrates the firm's understanding of the work. This outline should include anticipated approach, tasks necessary for successfid completion, deliverables, and suggestions or special concerns that the ('it.,/ should be made aware of. Identify any assumptions and/or exchuionS used in preparation of the scope of Service; and associated fee estimate. e. Relevant Project Experience. Proposal shall include a list ol'relevant projects, Which your firm or personnel have completed within the last 5 years, including significant work with public, agencies. Project infointation should include project description, project location, year completed, and client name and contact information. City of Santa Ana staff may conduct site visits at select projects- 1'. Rcl'crcnccs: Proposals shall include a listing ol'relevantprojcct, with references for tlucc public entities for which Proposer has peifortned similar work within the past five (5) years. 2. SCOPE OF SERVICES AND SCHEDULE: Proposal shall include a Scope of Services and Schedule which details the work to he performed, the tasks to be accomplished, the deliverables to he provided, and the schedule / timeline. to complete the work, based upon the requested Scope. of Services detailed in Attachment 1 of this RFP. I FFF. PROPOSAL - The fee proposal shall be submitted separate and concurrently with the technical proposal, both Submitted clectiouically ill PlanciBids and as a hard copy in a sepai.3telySealed aivelope, clearly labeled as "I�cc Proposal." This shall include the firm's Slandard Hourly Fee Schedule, a table oullining the lasks and team hourly ell'ot lirr each of the mLijor tasks, and a Project Fee Schedule as outlined in the Scope of Services. The fee Proposal will not be opened until the proposals have been evaluated by the proposal selection committee- The City will select the consultant based on quali IleatlOrt3, and then negotiate a contract price based on available Funding. City Council City of Santa Ana Fff2"49 6/15/2021 Paqe 9 4. CI?R'1'II;ICAI'IONS: The following forms shall be signed and included as part of the proposal submittal package: Attachment 4-1: Non -Collusion Affidavit Attachment 4-2: Non -Lobbying Certification Attachment 4-3. Non-Discrimimnion Certification TV. PROPOSAL REVIEW (CONSULTANT SELECTION) A. FVAI.UA FION AND RATING The criteria for evaluating thee proposals are specified in: RFP SECTION 1- INTRODUCTION / PROJECT DESCRIPTION. B. SFAA-C I ]ON The Selection committee will be comprised of at least (3) City stall tintn multiple departments. I'he committee may interview the top ranking proposers. The City will recommend award ofconu-acts to the proposers who wi II provide the best value to the City. The City reserves the right to begin negotiations and enter into a contract without interview or further discussions. V. CONTRACT AWARD A. REQUEST FOR COUNCIL ACT10N Following evaluation and rating by the proposal review committee and acceptance from Funding agency Hallowing financial audit, the Project Manager will reammrend awarding a contract to the top-ranking proposer that will provide the best value to the City. 11. I AI{CUfION OF AGRFTWN I' The Scope of Services, Schedule, and Fecs submitted in the proposal will be thebasis of any negotiation of final terms, which will lead to a completed agreement ready for execution based on the Standard Agreement attached herein as Auacluiiem 3 in the AppLmdix. City Council City of Santa Ana W20r349 6/15/2021 Paqe 10 Vl. IMPLEMENTATION A. KTCK-0FF MEETING A kick-o1T meeting will be held alter award of contracts. C0I1SUllanl5 and their team will meet with City of Santa Ana staff to conduct introductions, discuss scope of services, and implementation processes. B. NOTICE TO PROCEED Prior to issuance of a formal Notice to Proceed (NTI'), Consultants shall provide all required bonds, insurance documents, and contents of the Tnfirrmation Packet for review and approval by the City. For "On -Call" contracts, individual City Project Managers will request project/task specific proposals from Consultants on an as -needed basis_ Proposals will then be evaluated by City staff and written N'I I'S will be issued accordingly per each task order_ VII. PUBLIC RECORDS All dnia, documents and other products used, developed, or produced during response preparation of this RPP will become property of the C'.ity_ All responses to this RFP Shall become property of the City. Proposer information identified as proprietary information be. maintained confidential, to the extent allowed under the California Public Records Act. Proposals will bCCorllC public record alter award of contract_ Proposer intbnnation identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. City Council City of Santa Ana Fff20rA49 6/15/2021 Paqe 11 Appendix A I" I'AC H M E.N'1' 1 SCOPE OF SERVICES & CROSSING GUARD LOCATIONS 1. INTRODUCTION The ('ity of Santa Ana, C'alifnmia is soliciting proposals from qualified firms to provide adult crossing guard su-viecs to aideprinrarily school childral ofour community as they walk to and lrotn school- The out -sourced crossing guard program will include recruiurtent, training, coordination, and tnanageraent of the entire Adult Crossing Guard Program. The crossing guard program will he conducted in the City of Santa Ana at the locations identified in Table A,hown in the Appendix Attaehurent 1, Section VII (page 6 OCR). Tile City of Santa Ana intends to award a Contract tot a inini n ull term Of three (3) year; with an option to extend the contract one additional two—year term. It is anticipated that this new contract will commence on July 1, 2021. II. BACKGROUND The City of Santa Ana is located in central ( )range County approximately 30 miles southeast of Los Angeles- Santa Ana covers 272 square miles and is the nurst populous city in Orange County with approximately 340,000 residents- The City of Santa Ana i the County Seal of Orange County, which can lead to an increase in the daytime populanun by approximately 50% during normal business hours. Santa Ana is bordered by the cities of Orange. Tustin. Garden Grove, Irvine aril Costa Mesa. Santa Ana has a diverse population comprised of 73" Hispanic, 12-4%) White, 8-7%� Asian, 1Black, and 0'31/n American Tndian, and Eskinur- There arc approximately 54,000 students ol'all ages curlently enrolled in sr:hoolS throughout the City. The City of Santa Ana has a mild climate with all average atmual temperature of 75 degrees, and an average annual rainfall of 13.7 inches. Crossing guard locations are strategically positioned near schools located within the Santa Ana Unified School District, the Garden Grove Unified School District and the Orange Unified School District. During the 2018--2019 school year, ciossiug guards worl<ed a total of 47,325 how's providing crossing guard services to the children of our community. Data for the 2019- 2020 and 2020-2021 school yearare not provided due to the COVI D pandemic which disrupled normal walking and pedestrian activity in March 2020 through the publication date of' this RF P. All City Management Services currently manages the Adult Crossing Huard Program which amsists of 52 crossing guards who provide crossing guard suviccs to 70 locations within the city limits, which are listed in Table A. Oversight was being provided by the Santa Ana Police Department, however in the surmner 2020, program oversight was transferred to the Public Works Agercy. All City Man:ngenlent Services also oversees the recruirment, training, and management ol'all crossing guards, as well as their placement at locations as requested by the City- This will he the responsibility of the successlitl proposer - City Council 25 — 15 6/15f'2021 of 8 Non-r ed I ending M I_'U'M Tii_SCOPT OF WORK The scope of work consists of out -sourced Adult Crossing Guard Prograrn_ Thee successful contractor shall agree to perform school crossing guard services for the City of Santa Ana and the school districts within the city limits_ The scope of work shall include the following! 1. the Contractor will monitor, supervise, and assure the safety of all school children that utilize intersections and crosswalk~ while moving to and fra n school zones. 2. The Contractor shall perform all work to the highest professional standard an in a manner deemed reasonably satisfactory by the Public Works Director or director's designee. 3. Contractors will provide an estimated 47,500 hours per year of crossin , wad services by qualified adult crossing guards approved by the City of Santa Ana as shown in Exhibit -A." These estimated hours are based on the number of crossing a*trard hours per day (at all crossing guard locations) multiplied by the number of amrual school days. However, the. Contractor is required to staff the crossing guard positions whenever the schools modify their schcaiules as they accommodate the academic needs of their students_ Thesc rnc>dilications in ternus of crossing guard hotu-s are included in the estitnated 47,500 hours of crossing guard services anticipated to be provided in the 2021-2022 school year / liscal year. 4. New locations may he added at the City"', raluest and the CUntraetia' will itcrcasc the service hours accordingly. In addition, the City may remove crossing guard locations and/or reduce crossing guard hours at a location with a 24-hour written notice. 5. Contractor will provide all administrative duties associated with the Adult Crossing Guard Program in the City of Santa Ara- 6- The Contractor will he required to provide supervision of all employees associated with conducting the Adult Crossing Guard Program, including the recruitment, hiring, discipline, and termination of employees. 7_ Contractor will provide all facilities, vehicles, and other associated equipment related to conducting the Adult Crossing Guard Program. Acquired equipment will, at a minimum, include safety-reflectorized vests, stop signs, whistles, rain gear, and photo -identification badges. S. Contractor shall provide all employees with equipment that complies with all applicable laws and established safety standards. 9. Contractor agrees to offer employment to the currently employed All City Management Services employees who were performing City of Santa Ana Adult School Crossing Guards services if they meet the Contractor's hiring rcquircmcrtts. Those employees shall be hired and retained at in hourly rate that is no less than the amoutn compensated while preciously providing crossing euard services. IIow-ever, These employees shall be subjected to the personnel rules of the Contractor as it relates to step increases, salary, caps, City Council 25 — 16 6/15T2@24 of 8 Non -I ed I unding Ib I_'(P'M and continued employment. I he City of Santa Ana makes no representation of employment adequacy of the previously employed employees- Fmthermore, the Contractor shall ensw-c t}rat the. previous Adult School Crossing Civards employees, at a ruinimunt, meet the conditions of Section Ill, Scibsection 13 of this scope of work as well as the Contractor's hiring and retention policy. if the current employee meets the hiring and retention criteria of the Contractor, they shall he offered employment with the Contractor at their current hourly rate. 10. The Contractor shall arrange for and provide all sttbstitttte employees, ensuring that all designated locations are stalled during the required time periods. The Contractor shall contact the Saner Ana Public Works Agency iinmceliatcly if a position cannot be tilled by [he Contractor. The City will staff that position and bill the Conu'actor for the time spent covering that post in accordance with the Miscellaneous Fee Schedule. 11. The Contractor shall be responsible to coordinate with the affected schools and school districts to ensure coverage is provided at designated locations when school schedules are modified curd/or changed for any reason that requires children to arrive or depart at a time that is different than the nornr- 12. Contractor will provide all of the required training liar einployeea selected to be crossing guards. 13. The Contractor shall certify that all employees selected to pertbrm the duties of a crossing guard in the City of Santa Ana have never been convicted of any felony, a crime of mural turpitude, or any crime against children. In addition, the recruitment process shall incorporate a Pre -Employment Screening Program that includes: a. An employment reference check b- A critninal background checks and lingerptim check C. A drug and alcohol screening test d. Social Security verification C. Only dnCnnnentel, authori7cd Contractor enployccs arc eligible to work or pennitted on or in City facilities (Verification of the INS-9 forms must be provided to ilrc City upon rcqucsf) 14. Any employee whose conduct is not satisfactory, as detcmnined by the City of Santa Ana, shall be removed from providing crossing guard services in the City of Santa Ana. l5. The Contractor shall investigate all public complaints concerning crossing guard services. In the event ofa complaint, the Contractor shall contact the City ofSanta Ana Public Works Aeency at (714) 647-5624, within two (2) hours, to advise the nsture of the complaint and the Course of actions/rerncdy/resolution of said complaint- Contractor shall furnish a written report of the incident to the City of Santa Ana Public Works A*ene-y within IPVC. (5) business days alter the occurrence. C_'ontractor shall maintain detailed records and reports of the total number of hours of service provided. These records shall list the number of hours worked at each location. These records will be made available for inspection and audit by the City of Santa Ana at ally time - City Council 25 — 17 6/15V'2A2l of 8 Non -I cd Funding lb I -'( 2'M TV. EXAMINATION OF WORK AREA Prior to submitting a proposal, contractors are responsible for familiarizing themselves with the applicable schools and (_Tossing Guard locations. Submission of a proposal shall be deemed conclusive evidence that such a tour has heen made by each contractor and shall constitute a waiver by each of all claims of en -or in the proposal, withdrawal of the proposal, or combination thereof, under the executed agreement, or any revision thereof'. As part of its specifications, the City will provide upon request all available intormation, which it deems may be of assistance to prospective contractors. h should be noted That slreel intersections and other locations that are programmed for school crossing guard services will be determined at the sole discretion of the City of Santa Ana_ V. ADDITIONAL REQUIREMENTS 1. Training — Provide. a complete description of your adult crossing guard and safety training programs. Include the type of training, materials used. Icsting, and The total of training. materials toed, testing, and the total of training hours required prior to assigning a crossing guard to it :drool location. In addition, indicate the period of Lime for re -testing and re- evaluation ol'your existing crossing of time forre-tes[in g andte-evacuation ol'your existing erossiug guards. A copy of all training manuals should be included ill [Ile proposal (if any) Project Staffing — Identify the person to be designated as the pntjcct manager and the person designated as the field supervisor. lncludc a listing, with qualifications, of personnel who have had experience in supervising school crossing guards, and other employees who will be associated with the service. Also provide resumes of the key Personnel involved Will) thisservice_ For [lie project manager,include relevantinl nnation regarding their recent management of three similar programs. The city expects that the field supervisor will be available by telephone on all occasions for discussion with City staff, and to be locally available for meetings in person upon 214-hou1- written or telephonic notice. Submit a plan to hire existing All City Management Set -vices employees, as required in the scope of work, who were providing Part -Time Adult Crossing Guards setices, including the pay scale proposed to compensate these individuals_ Submit an organization chart showing the name of the project inanager, field supervisor, other key personnel, and all staff assigned to the project. The City reserves the right to approve the final staffing plan. Submit a plan to ensure all positions are properly stalled curing the dines designated by the City of Santa Ana and the affected school disc icts. The plan shall include any policies dealing with the staffing of alternate Crossing Guards should an assigned Crossing Guard fail to report or duly. City Council 25 — 18 6/15T2A24 of 8 Non -I ed b imding lb I _'(P'M 3. Subcontractors — Identify any subcontractors that would be used to implement, staff and memagt the crossing guard program- Dive a detailed description of their involvement, scope ol'work, and responsibilities. 4. C'ontr-acun- Qualifications and Projcct Expcicrrec The City of Santa Ana is particularly interested in selecting a Contractor that has extensive experience in providing adult crossing guard services to municipalities. Discuss the overall capabilities of the Proposer. Include a brief description of the Proposer's history and recent relevant experience (within the last five year,). 5. Cost Proposal — Pricing should be as detailed as practical. Proposals are required to contain complete Cost Proposal Dorms as shown in Attachment 2. The cost proposal shall include the cost of the contract while carrying Five Million Dollars ($5,000,000) per occurrence with Ten Million Dollars ($10,000,000) ag«regate of Commercial General Liability Tnsurautcc. o Overall understanding of the project (20 points) o Qualifications and experience (20 points) C' Supervisory personnel's qualifications, experience, time conmrirnent (20 points) c Overall quality of the proposal (20 points) e References (20 points) VI. FINANCIAL INFORMATION 1 . Submit a copy of your firm's most recently audited, as well as current (reviewed) financial statement. 2. Provide the following inlonnation relative to your finn's claims history for the past five. (5) year's. A- List all claims, demands for arbitration and/or lawsuits filed b-y your firm, predecessor conipaw,. or company officers against project owners or dicir agents. 1) Name of Project Owner 2) Project Completion Date 3) Basis for Claim 4) Clain or Suit Amount 5) Current Starts 6) Award or Settlement Amount B. List all claims, demands for arbitration and/or law Suits filed by proicet owners, their agents or subcontractors against Your firth, predecessor companies, its agents or bonding company. 1) Nnme of ['reject Owner 2) Project Completion Date 3) Basis for Claim 4) Clain or Suit Amount City Council 25 — 19 6/15*o2i of 8 Non-1 ed I uniting lb I -'( 2'M 5) Current Stanis 6) Award or Settlement Amount V1I. CROSSING GUARD LOCATIONS 'I AIII-F A - CROSSING GUARD LOCATIONS (Per week) Loc Tntersection Mon TueS Wed Thw-S Fri Total I TTa7aUbWest TFOS "SF. 3 3 3 3 3 15 2 3 Fifth ST/IIuvlars Ln (N) Newho e/Camile (SE) 3 3 3 3 3 3 3 3 3 3 15 15 4 N ewho c/Kent (SW) 3 3 3 3 3 15 5 Hazard/ Rosita-So SE) 3 3 3 3 3 15 6 Fifth ST Rusita (S) 3 3 3 3 15 7 Camilc/Jackson SW 3 3 3 3 3 15 8 Fairhaven/Old Grand S 3-25 325 3 325 3-25 16 9 St. Crertrude/Ilaitt SF:) 4.0 4_/S 4-92 4.'/) 4.75 23.92 10 Santa Ana/Pacific (NF:) 5 5 5.75 5 5 25.75 11 I-itth St/Pacific (NI 5 5 5.5 5 5 25.5 12 Ccnta-/Borchard (L/AM)(W/PM) 5 5 4.75 5 5 24.75 13 Edingcr/GI-cenvillc (SE) 5 5 4.75 5 5 24.75 14 Edinger/Cotter (N/W) 5 5 4.75 5 5 24.75 15 Edin *a -/Rain N/W) 5 5 475 5 5 24.75 1&1 Main/Warner (NW) 4-75 4-75 4.75 4-75 4-75 23-75 16.2 Main/Warner (SF.) 4.75 4.75 4.75 4.75 4.75 23.75 17 Broadwa /Cuhhon (SF:) 4.75 4.75 4.75 4.75 4.75 23.75 18 Civic Center/Fn lkh NF) 4-75 4-75 4-75 4.75 4-75 23-75 19 Santa Ana/T.ac NF 4.5 45 4-67 4.5 45 22-67 20 21 6tlt/Lacy (SE) Civic Center/Lac (NE) 4.5 5 4.5 5 4.67 5.42 4.5 5 4.5 5 22.07 25.42 22 MacArthur/Raitt St (SE) 4.75 4.75 4.75 4.75 4.75 23.75 23 Greenville/Pomona (NE) 5 5 4.5 5 5 24.5 24 Main/Walnut (SW) 5 5 4.75 5 5 24.75 25.1 McFadden/Fairview NE 4 4 3.5 4 4 19.5 252 McFadden/Fairview- (SF.) 4 4 3-5 4 4 19-5 26 27 Adams/Raill (SE) McFadden/Standard (NE) 4.67 4.5 4.6-1 4.5 4.67 4.5 4.6 / 4.5 4.61 4.5 23.35 22.5 28 Mcl addcn/Hathawa (NW) 4.5 4.5 4.5 4.5 4.5 22.5 29 McFadden/Pacific 4.75 4.75 5 4.75 4.75 24 30 Willits/Sullivan (NE) 4.75 4.75 4.75 4.75 4.75 23.75 31 Willits/Raitt (NE) 4.75 4.75 4.75 4.75 4.75 23.75 City Council 25 - 20 6/159 @2q of 8 Non-1 ed 1 unding 1 R_ I D"M 32 Flower/Hisho 6W) 41 4 3-51 4 4 1 19.5 33 Flower/Highland (SW) 4 4 3S 4 4 19.5 34 1 Iobart/Standard (SW) 5 5 5 5 5 25 35 36 Edinger/Stalldard (NW) Olive/Wilshire (NW) 5 4.75 5 4.75 5 4.75 5 4.75 S 4.75 25 23.75 37 Flower/Wilshire (NW) 4.75 4.75 4.75 4.75 4.75 23.75 38 Ccnnal/Halladay (NW) 3?5 3.25 3.25 3.25 325 16.25 39 Montc Vista/Raltt (F-AM) (W- PM) 4.75 4.75 5 4.75 4.75 24 40 Chesuuu/Halladay NF.) 475 4.75 4.75 475 4.75 23.75 41 Chestnut/Standard (SW) 475 475 4.75 475 4.75 23.75 42 Bristol/Santa Clara (SW) 4.75 475 4.75 475 4.75 23.75 43 Santa Clara/Baker (SW) 4.75 4.75 4.75 4.75 4.75 23.75 44 Poplar/Saint Andrew (NE) 4.25 4.25 4 4.25 4.25 21 45 I lower/MacArlhur (NE) 4 4 3.75 4 4 19.75 46 Alton/Greenville (SE) 4.5 4.5 4.75 4.5 4.5 22.75 47 Bishop/Standard (NW) 4.75 4.75 4.75 4.75 475 23.75 48 Fluwer/Anahurst (SW) 4.75 4.75 4.75 4.75 4.75 23.75 49 Flower/Warner SW 475 4.75 4.75 475 4.75 23.75 50 Washington/Baker (SE) 4.75 4.75 4.75 4.75 4.75 23.75 114103 lours per week 1141.03 Days per week 5 Ivg hours / day - Scheduled 228.606 Contingency hours / day 3(1 total hours / day 25x.606 School clay, tier year 193 TTcno-s Per year 47,325 School Schedules Santa Ana Unified School District (SAUSD) 'I raditional Schedule - Schools within the SAUSI) assigned to the traditional school schedule operate an average of 183 days per year beginning in August and ending in .lone. Garden Grove Unified School District (GGUSD) 'I raditional Schedule - All schools in the City of Santa Ana that are within the GGUSD arc assigned to the traditional schedule. Traditional schedule schools are open an average of l $3 days per year beginning in September and ending in .Turk. Orange Unified School District (OIISD) Traditinnal Schedule- Fairhaven Elementary School is the only school in the City of tianta Ana that is govenrcd by the OIJSD. The school operates on a traditional schedulC with an average of City Council 25 - 21 6/15V"2021 of 8 Non -I cd I ending 1 R_ I20''M 1 ti3 days per year based on a schedule that begins in August and ending in June. Abbreviations N/E Northeast N/W Northwest S/F SOUlheast S/W SoothweA S.A. Santa Ana Unified School District G_G_ Garden Grove Unified School District Otg. Otangc Unified School District Priv. Private School Bilingual English/Spanish Crossing Guards are desirable duC to the large Hispanic population and the high number of Spanish speaking residents in the City of'Santa Ana City Council 25 — 22 6/15V'2 O of 8 N,m-I ed I unai m, IR_ I -'o'M Appendix ATTACHMENT 2 FEE PROPOSAL FORM COSTPROPOSAL FORM ADULTCROSSING GUARD PROGRAM IIOIIRLY STAFF SALARY Crossing Guard Salary (I luurly) Crossing Guard Supervisor Salary (hourly) COSTSIJMMARY (Annuall 'Iotal Crossing Guards Salaries (Hourly Rate x 47,500 hours) Supervisor Salary (I lourl-y Rate x estimated annual hours) Payroll fax Workers Compensation Liability Insurance Administrative Overhead Profit TOTAL ANNIJAI, COST ADUL I'CROSSING GUARD PROGRAM Conuactor Billing shall be based on the Crossing Guard 11Oul-5 of service provided. The billing for Crossing Guard hours shall include all salaries, costs, overhead, and protit for the Crossing Guard Service. The hourly Crossing Guard billing rate is the Total Annual Cast of Adult Crossing Guard Program divided by 47,500 howl otal Annual Cost of Adult Crossing Guard 1'rogram 47500 hours Total Crossing Guard Billing / Hr City Council 25 — 23 6/15f'2021 of 2 Non-IedI ending Ifi_I_-'O'W COSTPROPOSAL FORM CN IM MCAT M 1011101 HO"IMCil0` I, Name of Organization: 2. Organization is: (Check Onc) Corpnratinn Association Parts ersl lip Sole Proprietor 3. Organization Address and Telephone Number: 4. List the Namc, Titic and Tdcphonc Numbcr(s) of the Organization's ALILbmIZCd Representatives: City Council 25 — 24 6/15V' N of 2 Non -I ed I unding IR_ I -'o'M Appendix A'1 I'ACHME.N'1' 3 STANDARD AGREEMENT CONSULTANT AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this day of*—, 2020 by and between ("Consultant"), and the City of Santa Ana, a charter city and nntnicipal corporation organized and existing under the C'onstilulion and laws of the Slale of California ("City"). RECITALS A- The City desires to retain a consultant having special skill and knowledge in the field of B- Consultant represents that Consultant is able and willing to ptovidc sucli services to the. City. C- in undertaking the performance of this Agreement, Cnnsultant represents that it is knowledgeable in ils field and that any services performed by Consultant under this Agreement will be peribmied in compliance with such standards as may reasonably be expected trom a protessional consulting tine in the field. NOW THEREFORE, in consideration ol'lhe nntlual and respective promises, and nul�leci to the terns and conditions hercinaIlet- sct tin-lh, the parties aurcc as lbIIows: 1. SCOPE OF SERVICES Consultant shall perfonn during the term of this Agrcctttcnt, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to full-v and adequately complete the services described and set forth in Scope of Services - Exhibit A. attached hereto and incorporated by reterence. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for Cily. the rates and charges identified in Compensation - Exhibit B. The local ;mound to be expended under this Agreement shall not exceed `�xxxxxx during the tens of this Agreement, including any cxtcnsion periods cxcreiscd under Section 3. City Council 25 — 25 6/19#2021'f 11 Non -I ed I ending M I_'O'M h- Payment by City shall be made within 45 days (forty-five) days ftillowing receipt of proper- invoice evidencing wort: perl'onncd, sub'jcct to City accountinu proccdures. Payment need not be made for work which tails to meet the standards of performance set forth in tire Recitals which may reasonably be expected by City. 3. '1 Eltm This Agreement shall commence on the date first writmi above for a with the option for the City to grant lip to a renewals, exercisable by awriting by the City Manager and the Cily Altorney, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Consultant is aware of the requiranents of California Labor Code Section 1720, et scq-, and 1770, et seq., as well as California Code of Regulations, Title R, Section 16000. et seq-, ("Prevailing Wage Laws"), which t-ecµrire the payment of prevailing wage rates and the pertorrnauce of other requirements on "public works" and "maintenance" projects. It the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Taws, and the total compensation is 51,000 or more, Consukant agrees to fully comply with such Prevailing. Wage Laws. Consultant shall defcrld, indcnutifv and hold the City, its elected officials, officers, employees and agents tine and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDEN U CON UHAC1'O12 Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. 'I his Agrcanent 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 pertorms the saviccs which are the subject matter of this Agrcemcut; howcvet', 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 tn,ages, employer's social security taxes, unemployment insurance and similar taxes rclatinu to clltployces and shall be responsible fin- all applicable withholding taxes- 6. OWNERSIIIP ON MATERIALS This Agreement creates a non-exclusive and petpetual license for City to copy, use, modify, reuse, or sublicuuc any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other doennicots orworks 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 undet this Avrccntcnt ("Docwucnts & Data"). Consultant Shall require all subcontractors to agrec in writing that City is granted a sou -exclusive and City Council 25 — 26 6/16i2041f 11 Non-[ ed I unding 16.1 -'O'M 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 & Dala. Consultant makes no suelr representation anti warranty in regard to DOCLIMMIS & Data which weree 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 Agrccment shall he at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agrccment, Consultant shall maintain and steal I require ils subcontractors, i f any, to obtain and maintain insurance as described below: a. Commercial Oeneral Liability Insurance. Consultant shall maint n conunercial general liability insurancc. naming the ('try, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not he limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occun-ence arising out of Consultam's operations in the perronnance of this Agreement, including, without limitation, acts involving vehicles. The amounts of instu'auce shall be not less than the tollowittt;: single limit covcntgc applying to bodily and personal injury, including death resulting thereti•onl, and property damage, in the total amount of `D5,000,000 peroccurrence, with �10,000,000 in the aggrecate- Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insurcd(s); (b) be primary and not eontributoty with respect to insurancc or self-insuranee programs maintained by the Cily; and (c) contain standard separation of insureds provisions. h- Business aununohile liability insurance, or equivalent form, with a conrhined single limit of not less than S1,000,000 per occunclrce- Such insu-anec shall include coverage for owned, hired and notroN,ned aulomobiles- a Worker's Compensation lnstuance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if C'onsuhant has ally employees, is required to be insured against liability for worker's conrpcnsation or to undertake self- insurance. Prior to commencing the Per tornlalice of [he wort: under this Agreement, Crnisullxnt agrees io obtain and maintain any employer's liability insurancee with limits not less than S 1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architeer or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than S1,000,000 per claim with ` l'000,000 in the aggregate- e- The following requirements apply to the insurance to he provided by Cons iltant pursuant to [his Section: i. Consultant shall maintain all insurancc required above in Cull Iorec and ettect for the entire period covered by this Agreement. ii. Celificates of insurance shall be furnished to the City upon execution of this Agreement and shall he approved by the City. in- Certificates and policies shall state that the policies shall not be canceled or City Council 25 — 27 6/19#8041f I1 Non -I ed Dunning lb I -'( 2'M reduced in coverage or changed in any other material aspect without thirty (10) days prior written notice to the City - iv. Where the amounts or coverage provided by the certificates of insurance. provides coverage greater than those listed by this Agreement, thee amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. IV. C'wuultant shall Supply City with a fully executed additional insured endorsement. 1'. if Consultant, lulls or refuses to produce or maintain the insurance required by this section or fails or refuses to turnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the C'ity's election, to forthwith terminate this Agreement. Such termination shall not affect Consultants right to be paid fcrr its time and materials expended prior to notification of terrnination- Consultant waives the right to receive compensation and agrees to indemnify the City for any work perfortned prior to approval of insurance by the City- R. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmlcss the City, its officers, agents, employees, eonlraclors, special counsel, and representatives from liability: (1) for personal injury, danrages,,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 COlrsnitam, 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 iniury danrages,just compensation, restitution, judicial or equitable relief -is due. by reason of theterms of or clfcets arising froin this Agrcctncnt. This indemnity and hold harmlcss 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 father agrees to indenmi fy, hold harmless, and pay all costs tin- the defense of the City, including fees and costs for special counsel to be selected by the City, rc-ardinl; any action by a third party challenging the validity of this Agree rent, or asserting chat 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 slake all reasonable decisions with respect to its rep-esentation in any legal proceeding. Notwithstanding the foregoing, to the Cxteut Consultant's services are subjcet to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required b-y Civil Code SCCIon 2782.8. to claims that arise out of, pertain to, or relate to the negligence. recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY iNDEMNiFiC;1TiON 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 ilocumcnts provided by Consultant to the City pursuant to this Agreement. City Council 25 - 2$ 6/1SB024rf 11 Non -I ed I unding Ib I '(P'M IIt 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 linal 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 Agreenrenl during regular business hOtns. Consultant shall allow in peclion ofall work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) ycars front the. date. Of final payment to Consultant under this Agreement. 11. CONFIDENTIALITY 11' Consultant receives li-om the City inlimnation which chte to the nature of such nlorrnatiou is rcasonabl_y understood to be conliclential anti/or proprietary, Consultant agrees that it shalt not use or disclose such information except in the pertorrnance of this Agreement, and fitrther 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 fi formation" shall include all nonpublic infinrnation- Confidential intbrrnation ineludcs not only wriacn inlbintation, 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 of) ligations of non-use and nondisclosure steal I not apply to any inRmmiation that (a) has been disclosed in publicly available 10ureC5; (b) is, through no fault of the. Consultant disclosed in a publicly available source; (c) is in rightlid possession of the Consultant without an Obligation of confidentiality; (d) is required to be disclosed b-v operation of law; or (c) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with perfemmanec of services specified under this Agreement. 13, NON-DISCRIMINATION Consultant shall not discriminate because ofrace, color, creed, religion, sex, marital status, acxual orientation, gender identity, gender expression, gcndcr, medical conditions, genetic information, or military and veteran status, a�-c, national origin, anccstr'y, or disability, as defined and prohibited by applicable laws, in the recruiunem. selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an cclttal oppormniry employer and shall comply with all applicable federal, state and local laws and regulations. City Council 25 — 29 6/1P20241f 11 N,m-1 cd I troth m, fR_ I'U') 14_ EXCUTSiViTV AND AMENDMENT This Agreement represent the colripletc alid 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 Agreemenunay not benurdifiedexcept 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 instvmeta that are inconsistent with, or in addition to, the terms and conditions hereof. shall not bind or obligate Consultant or the City. Mach piety 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 anbodicd hcrcin. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized service, 01' Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior writict consent of the City and any such assignment, transfer, delegation of subcontract without the City's prior written consent shall be considered null and void. Nothing io this Agreement shall he construed to limit the City',, ability to have any of the services which are the subject to this Agreement pci-lormcd by City personncl or by other amsultants retained by City- 16. TERMINATION This Agrecrnent may be Lcinintned by the City upon thirty (30) days Conoco notice of termination. In such evau, Consultant shall be entitled to receive acid 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: I . As a condition of such payment, the I(xccutivc Director may require Consultant to deliver to the City all work producl(s) completed as ol'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 fbi such ptupuscs as dic City deems appropriate. b. Payment need not be made for work which tails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of ,toy condition, or any right or remedy contained io or granted by the provisions of this Agreement shall be elleetive 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 rcmcdy shall be deemed it waiver of any other breach, tailurc, right or rcmcdy, whcrhcr or not similar, nor shall any waiver constitute a Continuing waiver unless the writing so specifics. City Council 25 — 30 6l1P20 11f 11 Non-1 ed I ending lb _ I_'( 2'M 18. JURISDICTION - VEN LIE This Agreement has been executed and delivered in tic SLeLC of 'alifbrnia and Lhe validity, intelpretation, 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 fiu-ther agree that Orange County, California, shall he the venue for any action or proceeding that may he hrought or anise out of, in connection with orby reason of this Agreement. 19. PROFESSIONAL LICENSES Consultant shall, Lhioughoul the lernn of [his Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and tcquitcd by the laws and regulations of the United Statcs, the State of California, the City of 9ama 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 excrnptions. Said inability shall be cause for termination of this Agrcencnt. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective panics to each of the terms of this Agreemen[, and shall indenunily 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 heroin and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 21. NOTICE' Any notice, tender, demand, delivery, or other communication pursuant to dais Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by lin:st class or certified mail, postage prepaid, or sent by lax or other telegraphic communication in die manner provided in this Section, to the lollowing persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 City Council 25 — 31 6/19#2011f 11 Non -I ed Dunning In_ 12(P'M With courtesy copies to: Nabil Saba EACtulit-c Director, Public Works Agency City of Santa Ana 20 Civic Caller Plaza (M-21) P.O. Box 1988 Santa Ana. California 92702 Fax: 714-647-5635 To Consultant: First & Last Name 'I itle Consultant Finn Name Address City. stale, zip Fax A party may chnngc its adclress by giving notice in writing to the other parry. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall he effective or deemed to have been given three (3) days after it has been deposited io the. United States mail, duly registered or certified, with Postage prepaid, and addressed as set forth above. If sent by f lk, cotnlnunication 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. I or purposes of calculating these time li-ames, weekends, federal, state, Cotuuy or C'ity holidays shall be excluded. IN W ITN I SS W H I:R I?OI, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Daisy Gomez. Clerk of the CUunell CiT\' OF SANTA ANA Kristine Ridge City Manager City Council 25 — 32 6/1 Sr�0�4rf 11 Non-1 ed f undingio I DI'M APPROVED AS I'O FORM. SONTA R. CARVALHO City Atlurncy Tay! John hunk Assistant City Attorney RI;.COMMI{NDFD FOR APPROVAL: Nabil Saba Laecutive Director Public. Works Agency CONSULTANT: (name) (title) City Council 25 — 33 6/1 Sr o11f 11 N,m-I ed Funding Ib I2o'M EXHIBIT A SCOPE OF SERVICES City Council 25 — 34 6l15/�bRl to of 11 Noll-[ cd I undmg fb I2P_0? EXHIBIT B COMPENSATION Fee Proposal inChiiling huurly rates if applicable City Council 25 — 35 6/15/�bSq 11 of 11 Noll-[ cd I unamg fb I2P_0? Appendix ATTACHNIENI' 4-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS NON-COI.I.LSION All IDAVII (Title 2; Unitcd Suites Code Section 112 and Public Contact Code Section 7106) IMI'MiShI 91MOM21MMF_\67q 911t�iiei��li�7�•lUe3rlCt�4�t17Nt(.7 In accordance with Title 23 United Static Code Section 112 and Public Contract Code 7100 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organisation, or corporation; that the hid is genuine and not collusive or .Sham; that the BIDDF,k has not directly or indirectly induced or solicited Lilly other BIDDER to put in a lake or sham bits, and has not directly or indirectly colluded, conspired, connived or agn-eed with any BIDDER or anyone else to put in a sham bid, or that anyone shall retrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement. communication, or conference with anyone to fix the bid price of the BU)DLR or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of Gil of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone irncrestcd in the proposed contract; that all statenients contained in the bid arc ltuc; and, fLathcr, that the. BIDDER has not, directly or indirectly, Subit>iucd his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to ally corporation, partnership, company association, organization, hid depository, or to any member or agent thereof to effectrkne it collusive or sham bid. Note: The above. Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereul'shall also amstiuue signature of this Non -collusion AffidavitBIDDERS are cautioned that making a f Ilse certi ficatioil may subject the certifier to crinnina] prosecution. Signed State of California County of )ubscribcd and sworn to (ur off tool) before me an this clay of 20 , by proved to me on the basis of satisthetory evidence io be die per,on(s) who appeared before Inc. Notary Public Signature Notary Public Seal City Council City of Santa Ana -2(3&9 6 202 Page A4-1 Appendix AT I'ACHNIENI' 4-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS the prospcctive participant ecrtiftes. by sigmnig, and submitting [his hid or proposal, to the hest of his or her knowledge and belief, that: No Iederal appropriated lunds have been paid or will be paid. by or on behalf of the undersigned. to any person for influencing of attempting to influence an otticer or anployce irtany tederal agency, n MCI IIher oIYbngr c.'s' an I) Ili cer or ernployec of Cun,�-es, or an crrip] oycc of a Mcrnhcr of Congres in comtcclion with the awarding of any fcd(mjl contract, the rr> dung of any fcdcral grant, the snaking of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any tederal contract, grant, loan, or cooperative agreement. 2_ If irny funds other than federal appropriated funds have horn paid or will be paid to any person for influencing or attempting ro inflilcuce any of ccr or uTiployce of any federal agency. a MCr11bCr of n Cogress, an officer or canploycc ofr an Congress, ocinploycc of a. Me mber of Congress in connection with this federal contract, grant loan, loan or cooperative agrG;mcnt, the undersigned shall complete and submit a -`Disclosure of Lobbying Activities". This certification is a material representation ol'tact upon whic}t reliance was placed when this transaction was made it cnTUI L:d into. Submission of thin cc titicotioII k a pra2Xlui fte fin' making or entering into this traruaetioII impirs'cd by Scetion 135"_>, Title 31, U. S. Coda Anv pu�ion who fail-s to file the rcyuircd cc7-tificanon zhall be subjuvl to a civil penalty of not Icss than S101000 and not more than S 100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier Subcontracts, which exceed S 100,000 and that all such sub rccipiontc shall certify and diRelosc accordingly_ Firm Signed and P intcd Namc- Irnn nitre City Council City of Santa Ana -2t$ 49 6 202 Page A4-2 Appendix AT I'ACHMENI' 4-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the pertortnance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment beeaLISC. of race., color, religion, sex, or national origin_ The Consultant shall take allinuative action to C113nrC. that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not he limited to, the following: employment, upgrading, demotion, or transfer; recruinnent or recruiunent advertising, layoff or termination, rates of pay or other forms of compensation; and selection for training, inchrding apprenticeship. The Consultant agrees to post in conspicuous places, available to employccs and applicants fur cmploynunt, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advcrtisemcnts for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The CUt19t111atlt shall send to each labor union or representative of workers wall which fie/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising The said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4_ The Consultant shall comply with all provisions of Executive Order 1 1246 of September 24, 1965, and of the rules, regulations, and 1-CICVa111 orders of the Secretary of Labor_ 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by odes, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will penrlil access to his/her books, records, and accounts by the admill islering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such odes, regulations, and orders. 6. 111 the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, th.; contract may be canceled, terminated, or suspended in whole or in part and the C0115tr11ant may be declared ineligible firr further Government contracts or federally assisicd construction contracts in accordance with procedures aulhorized in Lxccntion Order 11246 of September 24. 1965. and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by role, regulations, or order of the Secretary of Labor, or as otherwise provided by law_ 7. hlic Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted City Council City of Santa Ana -2"9 6 202 Page A4-3 by rules, regulations, or order. ol'thc Secretary of Labor issued pursuant to Section 204 of EyeentlVC Order 11246 of September 24, 1965, so that such provisions will be binding upon each subconL'act or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the adntinistering agency, the ConStdlanl may request that the United States eruer into such litigation to protect the interests of the United States. H. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Seat,. 1939, and as amended, No discrimination shall be maxis in the employment of Persons upon Public works because of race. religious creed, color, nolional origin, ancestry, physical handicaps, mental condition, marital malus, or sex Of such persons, except as provided in Section 1420, and any Consultant of public work, violating this Section is subjcet to all the penalties imposed for a violation of the Chaptcr. tiigticd: Tidc: h i rill. Date: City Council City of Santa Ana 39949 6 202 Page A4-4 MAYOR Vicente Sirmiento MAYOR PRO 1EM David Penaloza COUNCILMLMBERS Phil Baccira Johnothan Ryan I-iernandel Jessie Lopez Nelda Mendoza Thai Viet Phan PUBLIC WORKS AGENCY 20 Civic Center Plaza - P.O. Box 19II8 Santa Ana, California 92702 �_Santa ana Oro (,7,141647-5619 I RM U F 'i i1:1=41W03011 ADDENDUM ONE SUBJECT: RFP NO. 20-149: CROSSING GUARD SERVICES CI1' Y MANAGER Kristlno Ridge CI1"Y ATTORNEY Sonia R. Carvilho CLERK OP -HE COUNCIL Dalsy Gomez The following changes/clarifications have been made to the above Request for Proposal: 1. Add new section to the RFP: Price Adjustments: The parties may annually agree to an adjustment of charges (not to exceed 2%) commencing at the end of the first year of the agreement, utilizing the month of December statistics and supporting documentation. The two indices which will be used for determining adjustments to services charges shall be the most recent December Consumer Price Index (CPI) for All Urban Consumers for Los Angeles -Anaheim- Riverside CMSA, published by the United States Department of Labor Bureau of Labor Statistics or any relevant successor for the Orange County area (and the December Produce Price Index (PPI). The adjustment formula shall be as follows: The CPI shall be weighted at ninety [90] percent and PPI shall be weighted at ten [10] percent.) All other terms and conditions of the RFP remain unchanged. Edwin "William" Galvez City Engineer SAN'I"A ANA CITY COUNCIL v r.,, 'ehuh i I,, AI„, 4L'.11,.., WR"nr111„512021M,o9C, 2 d1 25— 101 �0 A3 M. RIM AC REEMEN'1''lTO PROVIDE CROSSING GUARD SERVICES TIITS AGREEMENT is made and entered into this t5th day of June, 2021 by and betweeli All - City Management Services, Inc. ("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")_ RECTI'ALS A_ On November 24, 2020, the City issued Request for Proposal No. 20-149, by which it sought qualified contractors to provide adult crossing guard services to aid primary school children in the community as they walk to and from school. The crossing guard program is to include recruitment, training, coordination, and management of the entire Adult Crossing Guard Program. 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 RFP 20-149. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services perforated by Contractor under this Agreement will be ps:r}101­1nt:d in contpliattce with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the tuns and conditions hereinafter set firth, the parties agree as follows: [l�r.Y1y7 `� 5iil s�.951 tip CN Contractor shall perform the services described in the scope of work that was included in RYP No. 20-149, which is attached as Exhibit A and incorporated in full, and as more specifically delineated in Contractor's proposal, which is attached as Exhibit B and incorporated in Bell. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as totat payment for its •-crvices lot (Jte, flu; rat" and chsirge s identified in Exhibit: C The total amount to he eXf)eflded Urldt-f this Agreennent shall notexceed $6,870; '5 i during the term of [his Ahrer-mcut, including any cxiunsion petiods. ihrs sum is of(1) the, base amount of $6,245,775 and (2) a 10% contingency in the amount of S624,578 for additional services at the C'ity's sole discretion. b_ Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures_ Payment need not be made for work which fails to meet the standards of performance set forth in the Kecitals and Scope of Work, which may reasonably be City Council 25 — 41 6/15/2021 expected by City. 3. TERM 1 his Agreement shall commence on July 1, 2021 and terminate on June 30, 2024, unless terminated earlier in accordance with Section 17, below_ The tern of this Agreement may be extended for two additional l-year periods upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Contractor is aware of the requirements of California labor Code Section 1720, et seq., and 1.770, 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 tequu•ements on "public works' and "mamtenatme" pzofec s. If the set -vices being perfomud are pan' 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, indenmify 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 perforns 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 Rtr all applicable withholding taxes. 6. OWNERSHIP OIL MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor 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. Cc»ttractor snakes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in City Council 25 — 42 6/15/2021 Page 2 of 8 any way in its use of the DOeurnents and Data at any titne, 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 requue its subcontractors, if any, to obtain and maintain insurance as described below: Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives its additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $5,000,000 per occurrence, with $10,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance; or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions- b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. Worker's Compensation Insurance_ In accordance with the California Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contactor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The hollowing requirements apply to the insurance to be provided by Contractor pursuant to this section: (1) Contractor shall maintain all insurance required above in fill tbrce and effect for the entire period covered by this Agreement. (it) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the: City. (iii) Certificates and policies shall state that the policies shall not be cancelled Or reduced in coverage or changed in any other material aspect, by City Council 25 — 43 6/15/2021 Page 3 of 8 contractor, without thirty (30) days prior written notice to the City. (iv) Contractor shall supply City with a fully executed additional insured endorsement. f'. if Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the Cityshall have the right, at the City's election. to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, emptoyees, 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 or its subcontractors, agents, employees, or other person -,,- acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the eVCntS referred to in this Section or by reasonof 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 of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. furthermore, notwithstanding the foregoing, such obligation to defend, hold harmless and indemnify any lndennitee shall not apply to the extent that such Liabilities are caused in part by the sole negligence, active negligence, or willful misconduct of such tndemnitee. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement ofany United States' letters patent, trademark, or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement_ City Council 25 — 44 6/15/2021 Paige 4 o l' S 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 disburserxrermts 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 payinent to Contractor under this Agreement. All such records and invoices shall he 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_ ll. CONFIDENT [At,[TV 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 ibis 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 inlorination_ Confidential information 'includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential infornation 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 fnilt 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 Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified tinder this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in The manner provided in this Section, to the following persons: 'I'o City: Clcrk of the City Council City of Santa Ana City Council 25 — 45 6/15/2021 Page 5 of 8 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1998 hax 714- 647-69S6 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (N1-21) P.O. Box 1988 Santa Arta, CA 92702 1'o Contractor: All -City Management Services, Inc. 10440 Pioneer Blvd, Suite 5 Santa 3=e Springs, CA 90670 Attn: David Mecusker. Contract Administrator A patty may change its address by giving notice in writing to the other party_ Thereafter, any conununicatian 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) clays 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-lbur (24) hours after the time set firth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above_ For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXC:LUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail_ This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument, that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party. or anyone acting on behalf of any party, which are not embodied herein. 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 C ity's prior written consent shall be considered 11011 and void. Nothing; in this Agreenwnt: sltall be construed to limit the City's ability to have any of the services which are the subject to this City Council 25 — 46 6/15/2021 Page 6 of 8 Agreement performed by City personnel or by other contractors retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, tight of remedy. No waiver of any breach, failure or tight, or remedy shall be deemed a waiver of' any other breach, failure, right nr remedy, whether or not similar, not, shall any waiver constitute a continuing waiver unless the writing so specifies. 17. 'TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, 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 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 flOT such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of pCHIOr mane specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement_ Contractor af3inns that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be deierrnined and governed by the laws of the State of Calilrrnia. Both parties further agree that Orange County, Califonna, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. City Council 25 — 47 6/15/2021 Page 7 of 8 20. PROFESSIONAL LICENSES Contractor shall, throughout the tern) 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 ol' the United States, the State of California, the City ot- Santa Ana and all other governmental agencies- Contractor shall notify the City immediately and in writing of it, inability to obtain or maintain such ptnnits, lioenses, approvals, waivctss, and exemptions- Said inability shall be cause for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS Each undersigned represents and warrants that its signature herein below has the power, authority and tight to bind their respective parties to each of the terns of this Agreement, and shall indemnify City fully, including reasonable costs and attorneys tees, 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_ IN W ITNF.SS WH RFOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO NORM SONIA R. CAfWALHO City Attorney By-..... ............ Jll�,M. funk Sr. Assistant City Attorney RECOMMENDED FOR APPROVAL. Nabil Saba, PL Iixccutive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager CONTRACTOR Nan Title: City Council 25 — 48 6/15/2021 Page 8 of 8 EXHIBIT A SCOPE OF SERVICES & CROSSING GUARD LOCATIONS L INTRODUCTION The City of Santa Ana, California is soliciting proposals from qualified firms to P-ovide adult crossing guard sevices Loaideprimarily school children ofour community as they walk to and lrom schooL Thc: out -sourced crossing guard program will include recruiumCnl, training, coordination, and Management of the entire Adult Crossing Guard Program. The crossing guard program will be conducted in the City of Santa Ana at the locutions identified in Table A ,lhown in the Appendix Attachment 1, Section V I I (page 6 Of 8). The City of Santa Ana intends to award a contract tot a tninitnum term Of three (3) years with an option to extend the contract one additional two—year term. It is anticipated that this new contract will commence on July 1, 2021. 11. BACKGROUND The City of Santa Ana is located in central Orange County approximately 30 miles southeast of Los Angeles- Santa Ana covers 272 square miles and is the nuhst populous city in t )range County with approximately 340,000 residenls- The City of Santa Ana is the County Seat of Orange County, which can lead to an increase in the daytime populatiun by approximately 50% during normal business hours. Salim Ana is bordered by the cities of Orange. Tustin, Garden Grove, Irvine -nil Costa Mesa. Santa Ana has a diverse population comprised of 73" Hispanic, 12-4%, White, 8-7°/� Asian, 1 3% Black, and 0-3% American Tndian, and Eskimu- Thcre arc approximately 54,000 students of all ages currently cnrollcd in schools throughout the City. The City of Santa Ana has a mild climate with an average atrmial temperature of 75 degrees, and an average annual rainfall of 13.7 inches. Crossing guard locations arc su-ategically positioned near schools located within the Santa Ana Unified School District, the Garden Grove Unified School District and the Orange Unified School District. Daring the 2018--2019 school year, crossing guards worked a tutal of 47,325 hour's providing crossing guard services to the chi Idren of our conurnunity. Data for the 2019- 2020 and 2020-2021 school yearare not provided due to the COV I D pandemic which disrupled normal walking and pedesumm activity in March 2020 through the publication date of this RI= P. All City Management Services currently manages the Adult grossing Huard Program which assists of 52 crossing guards who provide crossing guard services to 70 locations within the city limits, which are listed in Table A. 0%ersight was being provided by the Santa Ana Police Departrnent, however in the summer 2020, program oversight was transferred to the Public Works Agency. All City Management Services also oversees the recruirment, training, and management ol'all crossing guards, as well as Iheir placement at locations as requested by the City- This will be the responsibility of the successful proposer - City Council 25 — 49 13/15T2921 of 8 Non-[ ed i ending fb 1 10'M Tii_SCOPT OF WORK The scope of work consists of out -sourced Adult Crossing Guard Prograrn. The successful contractor shall agree to perform school crossing guard services for the City of Santa Ana and the school districts within the city limits. The scope of work shall include the following: 1. 'lhc Contractor will monitor. supervise, and assure the safety of all school children that utilize intersections and crosswalk~ while moving to and front school zones. . The Contractor shall perform all work to the highest professional standard an in a manner deemed reasonably satisfactory by the Public Works Director or director's designee. 3. Contractors will provide an estimated 47,500 hours per year of crossin ,gaud services by qualified adult crossing guards approved by the City of Santa Ana as shown in Exhibit "A " These estimated hours arc based on the otunber of ciossina> guard hours per day (at all crossing guard locations) multiplied by the number of amrual school days. However, the. Contractor is required to staff the crossing guard positions whenever the schools modify their schedules as they accommodate the academic ncais of their sntdcnts. Thcsc rnodilication in terns of crossing guard hours are included in the estimated 47.500 hours of crossing guard services anticipated to be provided in the 2021-2022 school year / fiscal year. 4. New locations may be added at the City's request and the Coatraetitr will increase the service hours accordingly. In addition, the City may remove crossing guard locations and/or reduce crossing guard hours at a location with a 24-hour written notice. 5. Contractor will provide all administrative duties associated Nvith the Adult Crossing Guard Program in the City of Santa Ana. 6- The Contractor will he required to provide supervision of all employees associated with conducting the Adult Crossing Guard Program, including the. recruitment, hiring, discipline, and termination of employees. 7. Contractor will provide all facilities, vehicles, and other associated equipment related to conducting the Adult Crossing Guard Program. Required ciluipmcrn will, at a minimum, include satcty-reflectoiized vests, stop signs, whistles, rain gear, and photo-identitication badges. S. Contractor shall provide all employees with equipment that complies with all applicable laws and established sarety standards. 9. Contractor agrees to offer employment to the currently employed All City Management Services employees who were performing City of Santa Ana Adult School Crossing Guard; services if they meet the Contractor's hiring rcquircincnts. Those employees shall be hired and retained at an hourly rate that is no less than the amour compensated while preciously providing crossing guard services. IIow-ever, these employees shall be subjected to the personnel rules of the Contractor as it relates to step increases, salary caps, City Council 25 — 50 6/15T2@24 of 8 Nan-1 ed 1 unding I 1 -'(?U) and continued employment. I he City of Santa Ana makes no representation of employment adequacy of the previously employed employee~- Furrhernurre, the Contractor shall enstu-c that [lie previous Adult School Crossing Civards cnrployces, at a trtinitnum, meet the conditions of Section 111, Subsection 13 of this scope of work as well as the Contractor's hiring and retention policy. if the current employee meets the hiring and retention criteria of the Contractor, they shall he offered employment with the Contractor at their cun-ent hourly rate. 10. The Contractor shall arrange for and provide all substitute employees, ensuring that all designated locations are staffed during the required time periods. The Contractor shall contact the Santa Ana Public Works Agency mmiceliatcly if a position cannot be filled by [he Contractor. The City will staff that position and bill the Conn'ac[or for [he time spent covering that post in accordance with the Miscellaneous Fee Schedule. 11. The Contractor shall be responsible to coordinate with the affected schools and school districts to ensure coverage is provided at designated locations when school schedules are modified cold/or changed for any reason that requires children to anivc or depart at a time that is different than the none. 12. Contractor will provide all ol' the required training for employees selected to be crossing guards. 13. The Contractor shall certify that all employees selected to pertbrnn the duties of a crossing guard in the City of Santa Ana have never been convie[ed of any felony, a erime of moral turpitudc, or any crime against children. In addition, the recruitment process shall incorporate a Pre -Employment Screening Program that includes: Lt. An employment reference check b- A criminal background cheeks and fingerprint chcelk C. A drug and alcohol screening test d. Social Security verification C. Only documented, authorized Conn -actor crttployces are eligible to work or penniued on or in City facilities ( Verification of the INS-9 forms must be provided to the City upon request) 14. Any cmploycc whose conduct is not satisfactury, as dctcnnincd by the City ul' Sant+ Ana, shall be removed front providing crossing guard services in the City of Santa Ara. l5. The Contractor shall investigate all public complaints concerning crossing guard services. In the event of"I complaint, the Contractor shall contact the City ofSanta Ana Public Works Agency at (714) 647-5624, within two (2) hours, to advise the nature of the complaint and the Course of actions/r-enncdy/resolution of said complaint. Contractor shall furnish a wtilten report of thee incident to the City of Santa Ana PLINK Works Agency within five. (5) business days alter the occurrence. (_'contractor shall maintain detailed records and reports Of the total number of hours of service provided. These records shall list the number of hours worked at each location. These records will be made available for inspection and audit by the City of Santa Ana at any time - City Council 25 — 51 6/15P' O of 8 Non-[ ed I ending (b 1 I(?U) TV. EXAMINATION OF WORK AREA Prior to submitting a proposal, contractors arc responsible for familiarizing themselves with the applicable schools and (_Tossing Guard locations. Submission of a proposal shall be deemed conclusive evidence that such a tour has heen made by each contractor and shall eon titute a waiter by each of all claims of error in the proposal, withdrawal of the proposal, or combination thereol', under the executed agreement, or any revision thereof'. As part of its specifications, the City will provide upon request all available intortnation, which it deems may be of assistance to prospective contractors. It should he noted thal ;Ireel inlerseelion5 and other locations that are programmed for school crossing guard services will be determined at the sole discretion of the City of Santa Ana_ V. ADDITIONAL REQUIREMENTS 1. Training — Provide. a complete description of your adult crossing guard and safety training programs. Include the type of training, materials used, testing, and the total of training, materials toed, testing, and the total of training hours required prior to assigning a crossing guard to it School location. hr addition, indicate the period of time for re -testing and re- evaluation of your existing crossing of time fur re -testing, and re-evaluation o f your existing erossiug guards. A copy of all training manuals should be included ill the proposal (if any) Project Staffing — Identify the person to be designated as the project manager and the person designated as the field supervisor. lncludc a listing, with qualifications, of personnel who have had experience in supervising school crossing guards, and other employees who will be associated with the service. Also provide resunes of the key personnel involved with this service_ For [lie project manager, include relevant inforination regarding their recent management of three similar programs. The city expects that the field supervisor will be available by teleplione on all occasions for discussion with City staff, and to be locally available for meetings in person upon 214-hour written or telephonic notice. Submit a plan to hire existing All City Management Set -vices employees, as required in the scope of work, who were providing Part —Time Adult Crossing Cntards services, including the pay scale proposed to cxnnpensale Ihese individuals_ Submit an organization chart showing the name of the project manager, field supervisor, other key personnel, and all staff assigned to the project. The City reserves the right to approve the final staffing plan. Submit a plan to ensure all positions are properly staffed ihu-ing the tines designated by the City of Santa Ana and the affected school districts. The plan shall include any policies dealing with the staffing of alternate Crossing Guards should an assigned Crossing Girard fail to report or duly. City Council 25 — 52 6/15T2A24 of 8 Nan-1 ed 1 unding I 1 '_'(?U) TV. EXAMINATION OF WORK AREA Prior to submitting a proposal, contractors arc responsible for familiarizing themselves with the applicable schools and (_Tossing Guard locations. Submission of a proposal shall be deemed conclusive evidence that such a tour has heen made by each contractor and shall eon titute a waiter by each of all claims of error in the proposal, withdrawal of the proposal, or combination thereol', under the executed agreement, or any revision thereof'. As part of its specifications, the City will provide upon request all available intortnation, which it deems may be of assistance to prospective contractors. It should he noted thal ;Ireel inlerseelion5 and other locations that are programmed for school crossing guard services will be determined at the sole discretion of the City of Santa Ana_ V. ADDITIONAL REQUIREMENTS 1. Training — Provide. a complete description of your adult crossing guard and safety training programs. Include the type of training, materials used, testing, and the total of training, materials toed, testing, and the total of training hours required prior to assigning a crossing guard to it School location. hr addition, indicate the period of time for re -testing and re- evaluation of your existing crossing of time fur re -testing, and re-evaluation o f your existing erossiug guards. A copy of all training manuals should be included ill the proposal (if any) Project Staffing — Identify the person to be designated as the project manager and the person designated as the field supervisor. lncludc a listing, with qualifications, of personnel who have had experience in supervising school crossing guards, and other employees who will be associated with the service. Also provide resunes of the key personnel involved with this service_ For [lie project manager, include relevant inforination regarding their recent management of three similar programs. The city expects that the field supervisor will be available by teleplione on all occasions for discussion with City staff, and to be locally available for meetings in person upon 214-hour written or telephonic notice. Submit a plan to hire existing All City Management Set -vices employees, as required in the scope of work, who were providing Part —Time Adult Crossing Cntards services, including the pay scale proposed to cxnnpensale Ihese individuals_ Submit an organization chart showing the name of the project manager, field supervisor, other key personnel, and all staff assigned to the project. The City reserves the right to approve the final staffing plan. Submit a plan to ensure all positions are properly staffed ihu-ing the tines designated by the City of Santa Ana and the affected school districts. The plan shall include any policies dealing with the staffing of alternate Crossing Guards should an assigned Crossing Girard fail to report or duly. City Council 25 — 53 6/15T2A24 of 8 Nan-1 ed 1 unding I 1 '_'(?U) 3. Subcontractors — Identify any subcontractors that would be used to implement, staff and memagt the crossing guard program. Clive a detailed description of their involvement, scope ol'work, and responsibilities. 4. C'ontr-acun- 01-talifications and Project Fxpcicrrec The City of Santa Ana is particularly interested in selecting a Conlracror that has extensive experience in providing adult crossing guard services to mu1116palitics. DISCUSS the overall capabilities of the Proposer. Include a brief description of the Proposer's history and recent relevant experience (within the last five year,). 5. Cost Proposal — Pricing should be as dclailcd as practical. Proposals arc required to contain complete Cost Proposal Dorms as shown in Attachment 2. The cost proposal shall include the cost of the contract while carrying Five Million Dollars ($5,000,000) per occurrence with Ten Million Dollars (S10,000,000) aggregate of Commercial General Liability Tnsw-trtcc. o Overall understanding of the project (20 points) o Qualifications and experience (20 points) C, Supervisory per-sonnel's qualifications, experience, time connnirnenr (20 points) c Overall quality of the proposal (20 points) o References (20 points) VI. FINANCIAL INFORMATION 1 . Submit a copy of your film',, most recently audited, as well as current (reviewed) financial statement. 2. Provide the. following infi>ntlation relative to your finn's Claims history for the past five. (5) year's. A. List all claims, demands for arbitration and/or lawsuiu filed b-y your firm, predecessor conipan-y, or company officers against project owners or their agents. 1) Name of Project Owner 2) Project Completion Date 3) Basis for Claim 4) Claim or Suit Amount 5) Current Status 6) Award or Settlement Amount B. List all claims, demands For arbitration and/or law suits fled by proicct ou'nc's, their agents or subcontractors against Your firm, predecessor companies, its agents or bonding company. 1) Name of Project Owner 2) Project Completion Date 3) Basis for Claim 4) Clain or Suit Amount City Council 25 — 54 6/15P2@21 of 8 Non-[ ed I undingfR_1 2(00) 5) Current Stanis 6) Award or Settlement Amount V1I. CROSSING GUARD LOCATIONS 'I AIII-F A - CROSSING GUARD LOCATIONS (Per week) Loc Tntersection Mon TueS Wed Thw-S Fri Total I TTa7aUbWest TFOS "SF. 3 3 3 3 3 15 2 3 Fifth ST/IIuvlars Ln (N) Newho e/Camile (SE) 3 3 3 3 3 3 3 3 3 3 15 15 4 N ewho c/Kent (SW) 3 3 3 3 3 15 5 Hazard/ Rosita-So SL 3 3 3 3 3 15 6 Pit'th ST Rusita (S) 3 3 3 3 15 7 Camilc/Jackson SW 3 3 3 3 3 15 8 Fairhaven/Old Grand S 3-25 325 3 325 3-25 16 9 St. Crertrude/Ilaitt SF:) 4.0 4_/S 4-92 4.'/) 4.75 23.92 10 Santa Ana/Pacific (NF:) 5 5 5.75 5 5 25.75 11 I-itth St/Pacific (NI:.) 5 5.5 5 5 25.5 12 CentaBorchard (L/AM)(W/PM) 5 5 4.75 5 5 24.75 13 Edmgcr/Grck rnvillc (SE) 5 5 4.75 5 5 24.75 14 Ediriger/Center (N/W) 5 5 4.75 5 5 24.75 15 Edin *a -/Rain N/W) 5 5 475 5 5 24.75 1&1 Main/Warner (NW) 4-75 4-75 4.75 4-75 4-75 23-75 16.2 Main/Warner (SF.) 4.75 4.75 4.75 4.75 4.75 23.75 17 Broadwa /Cuhhon (SF:) 4.75 4.75 4.75 4.75 4.75 23.75 18 Civic Center/Fn lish (NF) 4-75 4-75 4-75 4.75 4-75 23-75 19 Santa Ana/T.ac NF 4.5 45 4-67 4.5 45 22-67 20 21 6tlt/Lacy (SE) Civic Center/Lac (NE) 4.5 5 4.5 5 4.67 5.42 4.5 5 4.5 5 22.07 25.42 22 MaeArthu /Raitt St (SE) 4.75 4.75 4.75 4.75 4.75 23.75 23 Crcenville/Pomona (NE) 5 5 4.5 5 5 24.5 24 Main/Walnut (SW) 5 5 4.75 5 5 24.75 25.1 McFadden/Fairview NE 4 4 11 4 4 19.5 252 McFadden/Fairview- (SF.) 4 4 3-5 4 4 19-5 26 27 Adams/Raill (SE) Mcfadden/Standard (NE) 4.6/ 4.5 4.6-1 4.5 4.67 4.5 4.6/ 4.5 4.61 4.5 23.35 22.5 28 Mcl addcn/Hathawa (NW) 4.5 4.5 4.5 4.5 4.5 22.5 29 McFadden/Pacific 4.75 4.75 5 4.75 4.75 24 30 Willits/Sullivan (NE) 4.75 4.75 4.75 4.75 4.75 23.75 31 Willits/Rain (NE) 4.75 4.75 4.75 4.75 4.75 23.75 City Council 25 - 55 6/15D@2q of 8 Nan -I ed 1 undinq 1R 1 2-00) 32 Flower/Hisho (SW) 41 4 3.5 1 4 4 1 19.5 33 Flower/Highland (SW) 4 4 3S 4 4 19.5 34 1 Iobart/Stmrdat'd (SW) 5 5 5 5 5 25 35 36 Edinger/Standard (NW) Olive/Wilshire (NW) 5 4.75 5 4.75 5 4.75 5 4.75 5 4.75 25 23.75 37 Flower/Wilshire (NW) 4.75 4.75 4.75 4.75 4.75 23.75 38 Ccnnal/Halladay (NW) 3?5 3.25 3.25 3.25 325 16.25 39 Montc Vista/Raitt (E-AM) (W- PM) 4.75 4.75 5 4.75 4.75 24 40 Chesuuu/Halladay NF.) 475 4.75 4.75 475 4.75 23.75 41 Chestnut/Standard (SW) 475 475 4.75 475 4.75 23.75 42 T3ristol/tianta Clara (SW) 4.75 475 4.75 475 4.75 23.75 43 Santa Clara/Baker (SW) 4.75 4.75 4.75 4.75 4.75 23.75 44 Poplar/Saint Andrew (NE) 4.25 4.25 4 4.25 4.25 21 45 Flower/MacArthur (NE) 4 4 3.75 4 4 19.75 46 Alton/Greenville. (SF) 4.5 4.5 4.75 4.5 4.5 22.75 47 Bishop/Standard (NW) 4.75 4.75 4.75 4.75 475 2375 48 Flower/Anahurst (SW) 4.75 4.75 4.75 4.75 4.75 23.75 49 Flower/Warner SW 475 4.75 4.75 475 4.75 23.75 50 Washington/Baker (SE) 4.75 4.75 4.75 4.75 4.75 23.75 114103 lours perweek 1143.03 Days per week 5 4vg hours / dcty - Scheduled 228.606 Contingency hours / day 3(1 Total hours / day 258.606 School clay, per year 193 TTcno-s Per year 47,325 School Schedules Santa Ana Unified School District (SAUSD) 'I raditional Schedule - Schools within the SAUSI) assigned to the traditional school schedule operate all average of 183 days per year beginning in August>nid ending in .lone. Garden Grove Unified School District (GGUSD) 'I raditional Schedule - All schools in the City of Santa Ana that arc within the GGUSD arc assigned to the tradilional schedule. Traditional schedule schools are open an average of l $3 days per year beginning in September and ending in .TunC. Orange Unified School District (OIISD) Traditional Schedule - Fairhaven Flementary School is the only school in the City of tianta Ana that is governed by the OIJSD. The school operates on a traditional schedulC with an average of City Council 25 - 56 6/15V2021 of 8 Na11-1 cd I undinq 1R_ I20'0) 1 ti3 days per year based on a schedule that begins in August and ending in June. Abbreviations N/E Northeast N/W Nonthwest S/F SOUlheata S/W ,SOltthweA S.A. Santa Ana Unified School District G_G_ Garden Grove Unified School District Otg. Otangc Unified School District Priv. Private School Bilingual English/Spanish Crossing Guards arc desirable duC to the large Hkpanic population and the high number of Spanish speaking residents in the City of'Santa Ana City Council 25 — 57 6/15P220211 of 8 Non-[ ed I ending I _ 1 '2(00) EXHIBIT B A Proposal for City of Santa Ana Public Works Agency Crossing Guards Services RFP No.: 20-149 January 21, 2021 40440 Pioneer Boulevard, Suite 5, Santa Pe Springs, CA 90670 OFFICE PHONE: 800.540.9290 FAX: 3I0202.8325 EMERGENCY DISPATCH: 877363.2267 City Council www.thecrossinggg§rde%npany.corn 6/15/2021 Cover Letter / Contract Agreement Statement Firm and Team Experience Relevant Project Experience I References Scope of Services .-ImpeTpntation Schedule —!- 11. ..I- am Citv Council 6/15-12021 Cover Letter / Contract Agreement Statement City Council 25 — 60 6/15/2021 UWAJUL (71-TIMIT X&F\ AGENURM7 &F IRVITURS January 21, 2021 City of Santa Ana Zdenek Kekula Crossing Guard Services RFP No. 20-149 20 Civic Center Plaza, Santa Ana, CA 92701 Dear Mr. Kekula: On behalf of All City Management Services, Inc. (ACMS), I would like to express our sincere appreciation for the potential opportunity to continue to serve the City of Santa Ana Crossing Guard program. We are proud to have served the community of Santa Ana for the past sixteen (16) years. We have received the Request for Proposal, we have reviewed all RFP requirements, Specifications, Scope of Work, Standard Agreement and Addendums. We agree with the terms and conditions set forth with thee exception of Standard Agreement Item 7a — Insurance, Item -8 Indemnification and Addendum One regarding Price Adjustments. Item 7a — requires General Liability combined single limit coverage of not less than $10,000,000 per occurrence. Our current insurance coverage provides combined single limit coverage of not less than $5,000,000 per occurrence. We would hope to avoid any additional expense to the City and would request the limit to be lowered to $5,000,000 per occurrence. If the limit cannot be lowered, we would need to secure additional coverage. We have included this optional pricing exhibit via optional program pricing. Please see our pricing exhibits. Item 8 pertains to Indemnification and we would request a modification to the language proposed to include shared liability. We have included our preferred language in our response. Addendum One refers to price adjustments being tied to Consumer Price Indices and we would like this language to be removed, as the operational costs associated with a Crossing Guard program are not tied to CPI. If selected to continue services we would like to discuss price increase language that is acceptable to both parties. Our goal is simple, to continue to relieve the City of Santa Ana of the day-to-day responsibilities of managing a Crossing Guard Program. As your full services contractor, we have assumed complete responsibility for the day-to-day operations of the Santa Ana Crossing Guard program. This includes recruitment, background clearance, hiring, training, equipment, payroll, supervision, management of the program. We maintain local supervision, alternate guards, a paging system, and a 24-hour 800 number to ensure adequate response and immediate back-up for any Crossing Guard absent from duty for any reason. We also establish communication with each school to ensure proper scheduling. We have become the nation's largest provider of private crossing guards as a result of our singular focus to this industry as well development of benchmark training. This includes our "Employee Handbook for School Crossing Guards" which details our Job Requirements, the initial and ongoing Training we provide, including our Site Evaluations, our Rules of Conduct, Crossing Guard of the Year recognition and the Certification Requirements for all ACAAS Crossing Guards. City Council 25-61 6/15/2021 10440 Pioneer Blvd Suite 5 ° Santa Fe Springs, Ca 90670 " 3 10'202-8284 " 800-540-9290 0 FAX 310-202-83 5 If our proposal is accepted for final selection, ACMS agrees to negotiate in good faith with the City towards a final Agreement containing such material business and legal deal points as we set forth in Proposal. If awarded, the undersigned agree to execute a formal Agreement within ten (10) calendar days following the Notice to Proceed and will deliver to the City prior to the execution of the Agreement, certificates of Insurance and endorsements ACMS represents that the following person is authorized to negotiate on their behalf with the City in connection with this RFP: Harlan Sims, Director of Marketing 10440 Pioneer Blvd., Suite 5 Santa Fe Springs, CA 90670 800 540 9290. Ext 107 The undersigned certify that they have examined and are fully familiar with all of the provisions of the RFP Documents and are satisfied that said documents are accurate, and that they have carefully checked all works, figures and statements made in the proposal requirements and that we have satisfied ourselves with respect to other matters pertaining to the proposal which in any way affect the work or the costs thereof. The undersigned being cognizant of the pages, documents and exhibits contained herein agree to provide the City with services described in the proposal specifications an agreement documents. We are certainly excited about the possibility of providing Crossing Guard services for the City of Santa Ana once again. If you have any questions, please feel free to contact me at 800 540-9290 Sincerely, Dawd Mecusker Contract Administrator david@thecrossingguardcompany.com City Council 25 — 62 6/15/2021 10440 PICMCCr R1Vd Suite 5 • Santa Fe Springs, Ca 90670 6 310-2()2-8284 " 800-5409290 6 FAY 310-202-8325 NOTE: THE CHANGES BELOW WERE NOT ACCEPTED BY THE CITY Exception Attachment 3; Standard Agreement Suggested Change/Exception: 8 — Indemnification; request to have following language added to section. 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 orequitable relief arising out of claims for personal injury, including death, and claims for property damage (each, _a "Loss"), 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. tn_the event that Consultant's proposed duly qualified defense counsel is riot reasonably acc:eptahle to the oily, If he 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.,_Furth-errp_ofe, notwlthstandind the ,fore going,.. in the event that a courtp� y dgtcl-mines that IiabilityvvAh --- resne ct tu,_aray_I.o=_= was caused or contributed to by the nogliyerrt ac t, error orni lion or Willful misconduct of.the City, l ability_will tie appgrtioned between Consultant on the one hand and the City on the other hand with regard to .such Loss based upon the plrtiE s' -- respective degrees of culpability, as determined by the court or jury _and Consultants duty, toindemnify the City. its officers, agents, emplgyF°e s, contractors, special counsel. and representatives will be: limited accordingly_ City Council 25 — 63 6/15/2021 Firm and Team Experience City Council 25 — 64 6/15/2021 0 AUL C= 81EIRMCIES COMPANY PROFILE All City Management Services, Inc. (ACME), is a California based Corporation founded in 1985. We are the largest provider of School Crossing Guard services, managing both large and small Crossing Guard Programs. We currently have over 6,500 employees dedicated to safety, serving cities, towns, communities, schools, and school districts nationwide. One defining issue that distinguishes ALMS is that we are the only company that exclusively provides School Crossing Guard Services. It is our commitment to limiting the scope and focus of the company to School Crossing Guards that has helped us emerge as "The Crossing Guard Company". We have successfully privatized the Crossing Guard programs for over 250+ agencies. Ultimately our clients become the beneficiaries of our single-minded approach toward this industry. The heart of our business is in assuming responsibility for the task and challenges of conducting a successful Crossing Guard Program. Toward that end, in our typical contractual arrangement we assume responsibility for; recruitment, local hiring, background clearance compliant with Department of Justice standards, initial and ongoing training, payroll and administrative support functions, coordination of assigning qualified substitutes during absences, local supervision, complaint investigation and resolution, communicating with schools and site safety inspections. One of the benefits we bring to any agency is our expertise in overseeing a seamless transition from public to private management of the program. The continuity of the Crossing Guards' employment is a key component of a seamless transition. We value the experiences and understanding of the Crossing Guards currently working in each program we manage. Much of our success with individual programs is a result of the experience and knowledge these Crossing Guards bring to our management. With over 34 years of experience. ACMS leads the Crossing Guard Industry in the development of Crossing Guard standards for training, supervision, and safety. Each program we have taken on has brought a unique set of issues and challenges. The heart of our success has been our ability to articulate these challenges and experiences into our training, policies, and procedures to benefit all Crossing Guards in all the cities, towns, and communities we service. City Council 25 — 65 6/15/2021 M C1A O Y I V1\�M11C-NFUrULnA I. OJ V TRY(C T15 City of Santa Ana Vice President of Operations Patricia Pnhl 310 877 7045 cell Regional Support Manager Kim brooks 913 333 2563 cell 11 Regional/Project Manager Michele Busch 949 648 4514 cell 11 Area Supervisor(s) Rudy Ramirez 714 763 6352 cell Kathy Clickenbeard 714 800 3818 ri 52 Crossing Guards City Council 25 — 67 6/15/2021 Field Management Personnel The most significant resources ACME brings to any Crossing Guard program is the depth and scope of management provided by the years of experience brought by our operational management team. The community of Santa Ana will continue to benefit from a team concept which consists of Area Supervisor, Regional Manager, Regional Support Manager and Vice President of Operations. Each Member of our management team is available 24 hours a day via cellular telephone. The following is a brief synopsis of the respective duties of each. Area Supervisor (Rudy Ramirez / Kathy Clickenbeard): Area Supervisors will continue to handle all aspects of the daily supervision of the program of fifty-two (52) Crossing Guards and alternate pool. With support from the Regional Manager they will typically recruit, hire, train and provide personnel management for all the sites they oversee and will interface with school staff as needed. In addition to communicating with the City and School staff, they are responsible for ensuring each employee receives the proper number of Site Performance Evaluations. The Area Supervisors will be available by telephone on all occasions for discussion with City staff and will be locally available for meetings in person upon 24-hour written or telephonic notice. Area Supervisors will commit eighty-five percent (85%) of their time to the program and they report directly to the Regional Manager. Regional Manager (Michele Busch): Michele will serve as Project Manager and will continue to directly manage your Area Supervisors and provide training and support. She will continue to interface with the City of Santa Ana representative and School staff as needed. She will assist in the hiring of the Crossing Guards as well as the development and implementation of training programs and certification standards. Michele has considerable experience as a Project Manager overseeing many programs in Southern California. She will continue to ensure compliance with Company standards and City of Santa Ana expectations and be the liaison to the City. Michele Busch will commit twenty percent (20%) of her time to the program and reports directly to Regional Support Manager. Regional Support Manager (Kim Brooks): Kim has over 5 years in the industry providing field management and support for ACMS. She is responsible for the development and implementation of operational standards, training programs, safety instruction and compliance with all legal requirements and restrictions Works directly with Project Manager to ensure all program standards are being met. Kim has extensive experience implementing and managing comparable and larger programs. She is responsible for initial training and orientation for all new client programs. Kim Brooks reports directly to Vice President of Operations and will provide additional support as needed. Vice President of Operations (Pat Pohl): Pat has over 26 years of industry experience. She is responsible for overall contract compliance. Works with the Regional Support Manager on the development of training programs and implementation of safety standards. Coordinates the flow of information between operations and administrative staff. Pat will provide additional support as needed. City Council 25 — 68 6/15/2021 I rh f (W,f) Ilu,lnt It I`.(�;t{ry�p. t_rer: V , +Amah 1DAnd _u. All MY Nbfv.vrrru S v. ; ti;mnr 11 yf, "Y i A -v" k l a + F,k? ,�ar,of.rm^rat 1,t a1 eaI 1,svr,ws,1 1.7,I):, mbn Idsill,, III, "I'11 (., ,t- f�l nnl nuam1, , r.rtion sroich u 1 .I Nip,[ vi w s, provitr- trrv73hac1,, sup,p n I, j;uid ll Ixu^:u d I,urnnp; I Ivl -tIp; err <:(,fnplIII nh, eufw .,ItoIy and i" ipiInary In ns 11 c , 4r 1 va ac;l IIalt)o110 scIfool all g I my ofIi ;I�,fIf, I d j .n1,.,f , n, na';anCn( t1 „�<c In the Ory rtopnneeu , n slow con q>any l nncx, b u ks. A �Jl Ci46 , Nd.atav� ,I I ]Ah ;(I v J 0",,.",alrl_8 f pp1rut2r,, G f% 2Qpg 5jrt1112 Vl ua; d [hr tl >su19 {; turl l,roj;ram Ln sunool IL02 ,t. ISrepou,thE ^i;>r uh,-s •I rusunn-, ht inp', Irauvnl, ;ieu!� u�l rc-rvoglpll of 31, I urssutJ, f'rlards. (hour! ICI r-d r Pufar fi'im[SI ti,ur�y tt ainlu� aua maiurnnln�l s I:,cnf�1 ur1 ok lu„L slam<lat�4. Handlhd cL�-<,Loliny,all 1plaYrofl, sIe v<d am 4llilon zo.th�xd o�ffici u-. �Iry ntlicr,Ih;out nhn�rolions f(faIlHq,,l,rl[ C. h Y'f Vr„I 114:1R1 11N or41 1e D,,.vs Iv y; firth I", ft=�4puns161e (au ps ndurf drv,-I opme_m1 Intl yrasan i u1•o It; alnh, 1I a dlr+l { u �Putcing, }� , �611uupinf, rnf� nv�Ci,nln of InvmLN J Us - 01 as w"iuu ,, ;:nd m: lm.g6ni ent of' r wtprtc,ye n ^ r'eU(LId avid rnaifjfili l I k.0 pae ')t.d online d ¢ thaiC- Sokighl (,w ad v<t t1 io1,l,, using sos ial nr,� Di ,II 1I,! (:I c r 1, t wl[gry 0., opO r✓ , Ltuv„ Y v viol E"", d +. 1'4 pYH , �PJ9 Cr aled I ni.lr maf dfaabase,If sl:nm wo amp (nr'r,r nns for r,hihlran with h6^ tfto eacemmf, hirsea5+hti D e eloped front I In. ,round rap a C,u t(ef:4 chrt reY: ()Irof Idrrf leader slip In 11111illul,rol IIf th1 u I „toil. viol rl and "»ak I,I the ,rt };.nl��etiptl lmo ll, menred policies m l l misty ff, of the Soal d r f I)irectnr c S,xff, ed bulls and om,ara,ed budn,"ec; n�1u }slant Lprhgrtalniso> Suppowtd rated, Sf,floul rd;] owdl Ir,cda>wndacted jnh,pgxm pl'runinl; antI If,% e{opment. FULFCA,rio J ;ors [t,.�1� „hool ml Io, r,C6 19N$ I ,, ;lty' t, d^a I A A fm L" A WhA I X N n, 4u wl TOP 1wl 1K 11, A, `i 'rat vu .urnn m,a u>n sl lll, r'o Gi6:Cv �.: rinpt L r,hflt ;,dt and 1t 6il :,t1 ,Innis;.. L1 lul rrt <<.-,�reE („Irllil� tr tiylem Itv �1 I xR-ilhfl i•u�i, lln.n .I and l; tlhlaGtip �t ,Its. City Council 25 — 69 6/150021 Kimberly M. Brooks 15607 W 83"rSrreer • Lenexa, KS 66219- (9I3)952-9159 kim(uthecrossingguardcornpany. com idEMONAL SUPPORT MANAGER Proven advocate for pedestrian safety by efficGvcly administering company policies and procedures to employees_ Operation; loader that utilizes training and rneruoring techniques to develop continuous improvement efforts with Regional Managers toward staff development. Skilled in organizing staffand planning for complete site coverage_ Effective in recruiting from various sources and [sing system planning to align resources_ Excellent communicator capable of building relationships with clients, supervisory staff, guards, and internally at any organizational level. ✓ Client engagement ✓ Recruiting & I raining ✓ Relationship Builder ALL C1rrM NAGLnrzrv1 scevrcES ✓ Safety focused ✓ Coaching & Mentoring ✓ Problern-solver Professional Experience Regional Support Manager — May 2020 to Present 2016 to Present • Responsible for overseeing the dory -to -day functions of the Regional Manager. • Identify challenge prograrns in cooperation with Regional Manager. • Oversee Client Relationships. • Assist in the development and transition of new prograrns. National Advertising and Recruiting Coordinator — February 2018 — May 2020 • Manage advertising and nationally_ • Recruit, hire and train Recruiting Coordinators to build relarionships within their cornmunity. • Collaborate directly with Regional Manager to combat staffing issues within areas directly. • Develop new strategies for recruiting. Regional Supervisor — September 2016 to 2018 • Administer policies through training of supervisory staff and monitoring compliance of guard performance_ • Serve as liaison with contracting point of contacts and company to communicate and resolve any operational issues such as site modifications and pedestrian counts. • Clversee pmgnims covering over 200 sites in 14insas, Missouri and Iowa. • Other duties include approving payroll, onboarding and training erriployees. Area Supervisor — July 2016 to 2018 • Recruit, Hain and staff crossing guards in the City orf,encxa. • Overall administrative functions for the area. City Council 25 — 70 6/15/2021 Kimberly _ Brooks Page 2 SrC'uxta:tS 2015 to 2016 Crnkaing Guard — August 2015 to May 2016 • Conduct safe crossings for pedestrians. VA Rio s!DL.N7�tLPkAciYC'L5 1992 to 2013 Expanded Functions Dental Assistant-9 years • Expanded functions include placing composite and arnalgarrr fillings, polishing fillings, packing retraction cord, taking impressions f'or crowns, bite splints, and making temporary crowns. • Working wirin children that have special needs. • Charting treatment plans and patient chart raintenance_ • Dietary, preventive and trearment consultations with patients. Dental Assistant — 12 years • Chair -side duties include assisting in all procedurms including fillings, crown preps, root canals and surgical extractions. • Scheduling appointments, creating treatment plans and presenting them to patients_ • Supply management, equipment repairs and maintenance. Maintain OSI IA standards. Education and Training J0111150n County CO M,nuniry C'.ollcf e Prerequisites fbr Dental Hygiene State of Pennsylvania Certificate of Radiology York Vocational "technical School Dental Assistant Technical School City Council 25 — 71 6/15/2021 PATRICIA J. POHL 21896 Red River Drive, Lake F'twest, CA 92630.310.877.7045 Wm 17 rf 51 i. al i 1 2010 to present All City Management Services, Inc_ 10440 Pioneer Blvd. Suite 5 Santa Fe Springs, California 90670 Vice President of Operations: Full responsibility for the planning, direction and coordination of all field - based leadership personnel nationwide (2501-). Accountable for development and implementation of cost- effective procedures ro meet current and future company needs. Responsible for all aspects of operations to ensure successful compliance with policies and procedure resulting in achieving optimurn safety standards. 1998 to 2010 All City Management Services, Inc. 1749 South La Cienega Blvd_ Los Angeles, California 90035 Operations Manager: Accountable for management of day-to-day operations of field 50+ area supervisors. Responsible For development, implementation and compliance for all training programs as well as Safety Certification standards f'or all Crossing Guards. 1994 to 1998 All City Management Services, Inc. 1749 South La Cienega Blvd. Los Angeles, California 90035 Area Supervisor: Responsible for hiring, training, coordinating and scheduling 45 school crossing guards_ Served as company liaison to city governntems, school districts and community_ 1967 to 1994 Various Management, Sale., and Administrative positions Restaurant Manager, Advertising Sales Account Representative, Executive Assistant, Office Manager: Employment history of repeated promotion to positions of lezulership and management based on work eutic and commitment to the success of ernployer. PROFESSIONAL ASSOCIATIONS Previously invited to serve as the only private sector repieseutarive on: California Crossing Guard Training Expert Review panel Safe Routes to School Technical Assistanr Resource Center (SRTS T'ARC) a project of California Activc Communities within the California Department oFPublic Health (CDPI1) Previously retained as Lxperr Witness and person Most ICnom lcrlgcablc in several litigations related to personal injury accidents involving School Crossing Guards. Florida Department of'fransportadon School Crossing Guard Trainer Certification, currently stales; active City Council 25 — 72 6/15/2021 Understanding of Need City Council 25 — 73 6/15/2021 Approach and Management Plan ACMS will continue to provide the agreed to level of service upon contract award and our approach is simply a continuation of our current processes. This includes scheduling, daily site inspections, guard sourcing, hiring and training (when needed) and overall program management and administrative support. We employ a Team Concept of management which results in efficient field operations as well as providing a multifaceted response to potential problems. The Vice President of Operations and Regional Support Manager work together (with input from City of Santa Ana) to establish specific program objectives and expectations. These Senior Managers then work directly with your Regional/Project Manager and Area Supervisors to implement the management plan. The Project Manager along with your local Area Supervisors, has responsibility for the direct management of the Crossing Guards and together they will continue to ensure City of Santa Ana operational expectations are met. Standards and expectations are communicated to Crossing Guards personally by their local supervisor so as to allow the employee a better understanding of the decision -making process. This helps reduce confrontational attitudes by establishing and enhancing the common goal of providing for the safety of school children. Crossing Guard performance and compliance with safety standards will continue to be accomplished through regular site visits by local Area Supervisors and Project Manager. In addition to verbal training and counseling, these managers are supported by the use Field Training Check Lists, Field Training Cards, Site Performance Evaluations, Independent Field Observations and a professionally produced Crossing Guard Safety DVD. Reports of satisfactory completion of all levels of training and ongoing safety reviews will be summarized and available to the City of Santa Ana representative. Background checks and fingerprinting will be completed on all potential employees as allowed by California state law Successful completion of the background check, drug and alcohol screening, employment reference check and Social Security verification via E-Verify is required prior to the employee being hired. ACMS understands eligible employees should have no current or prior felony convictions. ACMS will comply within the Equal Employment Opportunity Commission guidelines when making hiring decision based on criminal records. After hiring ACMS may conduct random field testing for drugs and or alcohol when use is suspected or at the discretion of management. ACMS has a strict policy on Drug and Alcohol abuse. This policy is included in our Employee Manual. Internal minimum passing standards along with City of Santa Ana established standards would prevent any person from working as a Crossing Guard for the program who has been convicted of any crime of moral turpitude or a crime against children, including, but not limited to* Conduct in violation of California Penal Code or which requires registration under California Penal Code Conduct which requires registration under California Health and Safety Code. City Council 25 — 74 6/15/2021 • Any offense involving the use of force or violence upon another person- a Any offense involving theft, fraud, dishonesty, or deceit. • Any offense involving the manufacture, sales, possession or use of a controlled substance • Conspiracy or attempt to comment any of the aforementioned offenses. • Any registered sex offender or narcotics offender. Summary reports of background clearance on employees within the City of Santa Ana Crossing Guard program will be regularly available to the City. ACMS will investigate all public complaints concerning crossing guard services. All incidents shall be reported to City within two (2) hours to advise the nature of complaint. ACMS shall furnish a written report within five (5) business days after the date of the incident, which includes the course of action/remedy/resolution of said complaint. Communications with individual school sites is facilitated by Area Supervisors. Personal visits are made regularly (minimum quarterly) to each school site in an effort to develop relationships with staff and establish a collaborative environment for information exchange. Calendars and bell schedules are obtained for each school both at the beginning of the school year and periodically throughout the year. Key school personnel are supplied with appropriate contact information (business cards) and reminded to inform ACMS of any changes. Additionally, schools are provided with large magnets which can be easily displayed making contact information effectively available to all staff. The email address of the Office Manager is also obtained which enables ACMS administrative support staff to regularly contact each school and proactively solicit information regarding potential schedule changes. The establishment of accurate and responsive shift times is critical to the effectiveness of Crossing Guard services. Sites further from the school would be expected to start earlier in the morning and finish later in the afternoon. These staggered shifts effectively address the time it takes for students to walk from a remote location to the school site (or vice versa in the afternoon) and optimize the protected periods. Additionally, locations are continually monitored for actual pedestrian traffic patterns enabling a better understanding of site needs and any potential deviation from established guidelines. ACMS Area Supervisors are in the field daily when crossings are covered by the guards and they ensure all guards arrive on time and are ready for duties as scheduled. ACMS is in the final stages of developing an application (App) that will monitor guard attendance via cellphone and will improve efficiency in our timekeeping. City Council 25 — 75 6/15/2021 Recruitment and Staffing ALMS Managers will continue to assess the staffing needs of the City of Santa Ana on an ongoing basis. We will focus further recruitment efforts in the geographical areas where additional Crossing Guards will be needed We have developed a comprehensive plan for recruitment of new Crossing Guards. As a part of our Staffing strategy, we encourage a very aggressive recruitment program. We utilize soft advertising, local media advertising, targeted flyers, on -site solicitation, school flyers and employee referral bonuses as parts of our overall recruitment strategy. We often work closely with school districts in some of our recruitment drives. Our ability to effectively staff a Crossing Guard Program remains a fundamental benefit that ACIVIS brings to most Crossing Guard Programs. Staffing sites is one of the primary responsibilities of the Area Supervisors. They are trained to continuously recruit and train prospective Crossing Guards. New recruits are first processed and submitted to the Department of Justice for background clearance. Supervisors are also responsible for coordinating the staffing for all sites under their supervision. As part of our staffing strategy Area Supervisors aggressively enforce the following policies and procedures for Crossing Guards. ♦ Supervisors must maintain an adequate alternate or substitute guard roster. We encourage at least a 5 to 1 ratio of sites versus alternate guards e We require any guard not reporting for duty to notify the Area Supervisor as early as possible utilizing our 24/7 Guard Hotline or directly notifying their Area Supervisor Notifications less than 1 hour prior to shift starts are considered unexcused absences. ♦ Our employee policy is "No call, No show, No Job" Throughout our training we emphasize the importance of insuring the safety of children by our presence. As such, we cannot allow the children's safety to be compromised by failing to call or show for duty. Supervisor Teams — The City of Santa Ana would benefit from our presence in nearby cities such as. Costa Mesa, Newport Beach, Huntington Beach, Cypress, Laguna Niguel, Los Alamitos, Yorba Linda, Placentia, Fullerton, Stanton, and Orange County Sheriff's Area Supervisors are grouped together by their geographic location. These Teams meet every quarter and team members are encouraged to work together. This cooperative effort allows them to share relief guards with each other, if needed. This has resulted in alternates guards getting more hours as they are "shared" with other Supervisors. Consequently, we are able to retain a more stable group of alternate guards. City Council 25 — 76 6/15/2021 Training Effective initial and ongoing training is essential in a profession dedicated to the safety of children. With over 34 years of experience and a commitment to working cooperatively with other public safety professionals, ACMS is recognized as an industry leader in the development and implementation of School Crossing Guard training and standards of excellence. The process begins during the first contact with a potential employee when our phone interview process outlines job expectations and our zero -tolerance policy for failure to report for a scheduled shift. Throughout the application process prospective employees are reminded about the critical nature of our assignments and the work ethic and integrity required of our employees Once hired, the training process starts in the classroom where employees review sections of the "Employee Handbook for School Crossing Guards" and are shown the professionally produced training DVD, "Crossing Guard Safety". The process then moves to a field practicum where the trainer demonstrates proper procedures and allows the employee to practice correct techniques The employee's progress is closely noted on the detailed steps outlined on the the Field Training Check List to ensure the employees' field competence. This cross -modality approach not only exposes the employee to the necessary training components but also addresses the needs of the visual, auditory and kinesthetic learner. While the classroom setting is expected to require approximately two - three hours and the field training approximately two - four hours, it's important to note that the low ratio of students to trainer allows for accurate assessments of the employees readiness to move forward. The new employee is typically assigned to alternate work and closely supervised during their early assignments. They benefit from their trainer completing of a written assessment of their work which better allows them to understand their strengths and weakness and make improvements where necessary (the Site Performance Evaluation). Additionally, all new employees are required to carry and regularly refer to the Field Training Cards. This pocket - sized card (listing all steps for a safe cross) allows the employee to self -evaluate their performance prior to the time they have all steps of the procedures memorized. Throughout their employment, employees are subjected to the same Site Performance Evaluation as an ongoing training and assessment tool. These evaluations happen in both side -by -side sessions as well as unannounced observations without the knowledge of the employee. Prior to the start of every school year guards are re -contacted for assignment readiness and take part in a review/refresher training before the start of the school year. The standard issue equipment and clothing includes: • ANSI II compliant high -visibility retro-reflective vest marked with the required insignia of a Crossing Guard • MUTCD compliant 18" STOP/STOP paddle • Picture Identification Card with emergency contact information • Company -issued cap or visor with corporate logo . Whistle for emergency alert to vehicles and pedestrians • High -visibility ANSI II compliant jacket and/or rain jacket. City Council 25 — 77 6/15/2021 Relevant Project Experience City Council 25 — 78 6/15/2021 Qualifications & Experience Our ability to continue to operate and manage the City of Santa Crossing Guard program is supported by our current success operating the Santa Ana program and with similar programs in Southern California. Some of these programs include: City of Costa Mesa, City of Garden Grove, City of Lake Forest, City of Cypress, Orange County Sheriff's, City of Yorba Linda, City of Fontana, City of Buena Park, City of Tustin, City of La Palma, City of Fullerton and many others. Our many other clients include; Beverly Hills Unified School District, CA; Pasadena, CA; Los Angeles County Office of Education, CA; Huntington Beach, CA; Riverside, CA; San Bernardino, CA, Redwood City, CA; County of Marin, CA, Palo Alto, CA, among many others. Another defining component that distinguishes ACME as the industry leader is our focus on providing School Crossing Guard services. We are not a security guard company with a few clients based upon a low-cost offering. Our singular area of service; "School Children Safety" enables all of our resources to be devoted to the development and delivery of programs that provide exceptionally high safety standards and client satisfaction. It should be noted that ACME has never lost a client agency due to the level of service provided. Regional Manager/Project Manager: Michele Busch Michele has been providing supervision and support for ACMS Crossing Guards Programs since 2009 and through this time she has managed over 32 programs with over 250+ locations and 16 different Area Supervisors Her strong communication and leadership skills have contributed to ALMS being able to provide model crossing guard programs for the cities, agencies and school districts we service. Michele has been a certified School Crossing Guard trainer since 2009 and has managed many successful programs comparable to the City of Santa Ana Crossing Guard program. Please see a listing of some of the programs she has managed that are similar in size and proximity to your program. Matthew Ban; Lieutenant 30111 Crown Valley Blvd. LagunaNiguel-CA 92677 Phone: 949 362 4310 City of Laguna Niquel: 1 Area Supervisor 17 School Crossing Guards 6 Alternate/Relief School Crossing Guards June 30, 1994 - Current David Dereszyniski; Sergeant City of Huntington Beach: 2000 Main Street - 1 Area Supervisor ffuntington Reach, CA 92648 - 30 School Crossing Guards Phone: 714 374 1534 15 Alternate/Relief School Crossing Guards July 1, 2010 - Current — ..................... City of Placentia: Julie Kennicutt; Management Analyst - 1 Area Supervisor 401 B. Chapman Ave. - 5 School Crossing Guards Placentia, CA 92870 - 1 Alternate/Relief School Crossing Guards Phone: 714 993 9200 - July 1, 1997 — Current City Council 25 — 79 6/15/2021 ......... Spencer Arnold; Sergeant 870 Santa Barbara Drive Newport Beach, CA 92660 Phone: 949 644 3744 Maria O'Connell; Captain 3201 Katella Ave. Los Alamitos, CA 90720 Phony 562 431 2255, Ext. 405 City of Newport Beach: - 1 Area Supervisor - 20 School Crossing Guards - 6 Alternate/Relief School Crossing Guards - July 7, 2007 - Current City of Los Alamitos: 1 Area Supervisor 7 School Crossing Guards 3 Alternate/Relief School Crossing Guards July 1, 2016 - Current Objective: Every program we manage has the same objective and that is to provide a model School Crossing Guard program. This is done by educating students on proper crossing techniques; such as following local traffic regulations and using traffic control devices to ensure safe routes to school for all students and parents in the community. We have accomplished this through our dedication to on -going training, ensuring adequate staffing levels are in place, professional staffing and the years of experience provided by our management team. Challenges: Each program we manage comes with its own set of challenges, which can vary from but not limited to; transitioning from city, agency or district management to private management, becoming familiar with ACMS policies and procedures, coordinating schedule changes from various schools, accommodating guard days off due to medical needs, etc It is through our detailed training, experience in Crossing Guard Program management and continued employee training that has allowed us to overcome these challenges. Accomplishments: ACMS has been successful in our ability to learn from each set of challenges, issues programs face and articulate those changes and experiences into our training policies and procedures. This ongoing training has allowed us to continue to improve and grow as a company and services provider. Please see an attached listing of some of the recognition ACMS has received over the years. Please see additional references attached. City Council 25 — 80 6/15/2021 References City Council 25 — 81 6/15/2021 I. ;. q r ram.... A"lU:,UL U.l.al 1[ Av'J:IRSV \ ,A\(( 7T(°� UFM... 51Mt095 References for Crossing Guard Services (All listed references are current clients) City of Garden Grove PD (Since 1/2009) City of Cypress (Since 411997) Client Contact. Kevin Brody, Captain Client Contact. Brain Heally, Sergeant Address: 11222 Acacia Parkway Address: 5275 Orange Avenue Garden Grove CA 92640 Phone: 714 741 5819 City of Lake Forrest (Since 612003) Client Contact: Brett Channing, Director Address: 25550 Commerce Ctr Dr Ste 100 Lake Forest CA 92630 Phone: 949 461 3419 City of Stanton (Since 911990) Client Contact: Allan Rigg; Director Address: 7800 Katella Ave. Stanton, CA 90680 Phone: 714 890 4205 Orange County Sheriffs (Since 1112018) Client Contact: Olivia Prudencio, Admin. Address: 320 N. Flower St. Santa Ana, CA 92703 Phone: 714 834 6687 City of Yorba Linda (Since $12000) Client Contact. Tony Wang, Manager Address: P.O. Box 87014 Yorba Linda CA 92885 Phone. 714 961 7184 City of Costa Mesa (Since 9/2006) Client Contact. David Cho, Admin. Address: P.O. Box 1200 Costa Mesa CA 92626 Phone: 714 754 5182 Cypress CA 90630 Phone: 714 229 6600 City of Fontana (Since 812008) Client Contact. Bob Ramsey, Administrator Address: 9680 Citrus Avenue #9 Fontana CA 92335 Phone: 909 357 5000 City of Buena Park PD (Since 1212010) Client Contact. Nghia Nguyen, Sergeant Address: 6640 Beach Blvd. Buena Park CA 90621 Phone: 714 562 3943 City of Tustin (Since 812009) Client Contact: Ryan Coe, Sergeant Address: 300 Centennial Way Tustin CA 92780 Phone: 714 573 3219 City of La Palma PD (Since 1211998) Client Contact. Jim Engen, Captain Address: 7792 Walker Street La Palma CA 90623 Phone: 714 690 3381 City of Fullerton PD (Since 712000) Client Contact: Mike Chlebowski, Comdr. Address: 237 Commonwealth Avenue Fullerton CA 92632 Phone: 714 738 6816 ] 044(11fq°a&jfY�ll SILHIC * Santa Fe Springs *CA* 90670 *J#IOI$YZ(310) 202 -8284 * FAX (3�Vj Jq�ojl Scope of Services City Council 25 — 83 6/15/2021 ACME General Scope of Services All City Management Services, Inc. will handle the Crossing Guard services for the City of Santa Ana for a minimum term of three (3) years with an option to extend the contract one additional two-year term. 2. ACMS will provide personnel equipped and trained in appropriate procedures for crossing pedestrians in marked crosswalks. Such personnel shall be herein referred to as a Crossing Guard. ACMS is an independent Consultant and the Crossing Guards to be furnished by it shall at all times be its employees and not those of the City of Santa Ana. 3. Crossing Guard Services shall be provided by ACMS at designated locations and times, identified by the City of Santa Ana and ACMS shall provide coverage at the school crossings as required. New locations may be added at the City's request and ACMS will increase the service hours accordingly. In addition, the City may remove crossing guard locations and/or reduce crossing guard hours at a location with a 24-hour written notice. 4. ACMS Criminal background checks will be completed on all potential employees as allowed by California state law. Successful completion of the fingerprint background check, drugialcohol screening, employment reference check and Social Security verification via E-Verify is required prior to the employee being hired. ACMS understands eligible employees should have no current or prior felony convictions. ACMS will comply within the Equal Employment Opportunity Commission guidelines when making hiring decision based on criminal records. 5 ACMS mandates that all employees report any criminal charges brought against them immediately. ACMS shall then notify City of Santa Ana. 6 ACMS designated Trainer will conduct training for Crossing Guards. ACMS shall provide personnel properly trained as herein specified for the performance of duties of Crossing Guards. In the performance of their duties ACMS and employees of the ACMS shall conduct themselves in accordance with the conditions of this Agreement and all applicable laws and codes pertaining to general pedestrian safety and school crossing areas for states in which services are to be performed. All Crossing Guards shall receive training pertaining to general traffic safety for pedestrians, motorist and themselves while serving as crossing guards. 8. ACMS employees shall work to the highest professional standards and act in a courteous, respectable manner and shall conduct themselves in a manner that is befitting a public servant. They shall present a professional appearance, that is neat, clean, well-groomed and be properly uniformed. City Council 25 — 84 6/15/2021 9. ACMS shall provide all Crossing Guards with apparel by which they are readily visible and easily recognized as Crossing Guards. Such apparel shall be uniform for all persons performing the duties of Crossing Guards and shall be worn at all times while performing said duties. The apparel must be appropriate for weather conditions 10. ACMS shall be responsible to coordinate with Schools to ensure coverage is being provided at designated locations when school schedules are modified and/or changed for any reason that requires children to arrive or depart at a time that is different than standard scheduled hours. 11. ACMS shall provide supervisory personnel to see that Crossing Guard activities are taking place at the required places and times, and in accordance with all items of this agreement. 12. ACMS shall maintain adequate reserve personnel to be able to furnish alternate Crossing Guards in the event that any person fails to report for work at the assigned time and location and agrees to provide immediate replacement. ACMS shall provide for its employees a 24-hour answering service and shall establish its own call -out procedures. 13. ACMS will investigate all public complaints concerning Crossing Guard services. All incidents shall be reported to Municipality or School District within two (2) hours to advise of the nature of complaint. ACMS shall furnish a written report within five (5) business days after the date of the incident, which includes the course of resolution to said complaint. 14. Any employee whose conduct is not satisfactory, as determined by the City of Sana Ana, shall be removed from providing crossing guard services in the City of Santa Ana. 15. ACMS will conduct all administrative duties associated with the City of Santa Ana Crossing Guard program. City Council 25 — 85 6/15/2021 Implementation Schedule City Council 25 — 86 6/15/2021 City of Santa Ana School Crossing Guard Program (Estimated) Implementation Schedule / Major Milestones Contractor Notification (unofficial) February 23, 2021 City Council Approval Mar. 2no Contract and Insurance complete (Final Terms agreed to) Mar. 2310 City of Santa Ana Kick -Off Meeting (Santa Ana Staff, ACMS Team) May 241" ACMS Training Review Meeting(s) with current crossing guards, substitutes (Assignments / schedules confirmed equipment delivered to guards) Jul. 6ch - 9th School designees re -contacted and Monthly Status Meetings agreed to Jul. 191" —Aug. 6'h Additional Training/Equipment needs delivered Jul. 26`h — 301" Guards re -contacted for assignment readiness Aug. 2nd — 6ch Guards on site / Area Supervisor in field for Santa Ana Unified School District Aug. 10'h Guards on site / Area Supervisors in field for Orange Unified School District Aug. 1811 Guards on site, Area Supervisors in field for Garden Grove Unified School District Aug. 24In 60 Day Review City of Santa Ana / ACMS Team (next Review Meeting scheduled) Oct. 11'" City Council 25 — 87 6/15/2021 Fee Proposal City Council 25 — 88 6/15/2021 ..................... Appendix ATT AC11 tVi EN T 2 E, 11, ➢E'°ROIp°'OSAr4,1,19ORM AaIIl11IIL1PROGRAM It1110111,111141-Y STAIT SAIILAIptiY Ctuiviuug R;kkardl "^lieltwy it Jouirl.0 ',14.00; $H5,00offo l6va If1jM CRISrinp, GUIld SLupery ,;Drc Sal:ar0 laru17ly)I $17 00; $18.00 effective 11112.2 COST S4IMMARY (Annual) 1,(,,,.l d `rrar i ep� a otarcaps : tID•u'lCs. d ll pantHl py Rate x 47 SOQ Iluaui ) ;1,687,967.00 :ni.apcivi"'of skilw•.y phfa MI)l W Ile a[ Ca4h9lah d 31111NI asal h0t..t'w) '$35,987.00 Payl'oH fax S84,711 W Worker, S84 708 0D R-tkabi I lty t im,:urfnria v l'naY fiaw..HH0 A.apttuuuuwilu%[ivF rcb'»UFhmead $106.,944.00 IPriDBill 9:.4 1,54Ca4 (Ni:._ R011"Al. [yI'gl"4IRJAf—, COS Ill' 4.p Uj.( CROSS 11 IG G1)..%.RRI(m PROGRAM ISBM1.7d'9.Ipca ( ontra0 me B1apVtnf, �Iua lH par ba.,od on tote Coo,,imig Gumd Ii.ojim of service palrovi,,a1+:.41. Ih' bjllouup): for Cims�irlir, Rni.Huurah h ouim shad crid uah• all 4Nlkllis ;, a:nms, overfic.a 1, 'arld pri0fit frill thHrc G`notisillig Guard `tia.ffV iL,C. '111Ha: Ntu out ly d `i omil it , (nr.0 at 4) bit I'. rip, Ir.o �l.�c is olt�� Too h Arcl mauat➢ Grrafr of Ad talc K'rmssolro P, Qltracl. )F'ra'r�a-�alnol spl�ialr.�p 11yr A?,SGIFp I1Rttu's; lfol a A lFUl aattl OSt ILPf Ata•.pu 1p ('n(U5sittg (4harcl Prop.iratui 31.061.773.00 ,q v ."(W hal Hl Vl,ti `paa'f.+alN ( osl;iulu, Gu.uthar3. IBill hlp:q $22.AB _-- f IVil¢• City Council 25-89 6/15129,?1 of n m-i t F .m t la f, T IQt) Appendix ATTACH ENT2 FEE P'ROPOSA1, FORM k"Ofiflonal prying includes addi itinal S5if4 let habillrg hisuranee` C.%DST 1°HOP(DSAf., l+(DRM FEW afZliilR3:€LLZiilIi9: sT]iT/J YEAR 1 (202112022) 11 vmmnam Crossing Guard Salary (flurrrly) SI4 l ; SrS.lHleffcc(lve urRz Crossing Guard Supervisor Salary (Hourly) $f 7.au1; *I&I►tf erikelive IlV22 C(7STSUMMA12Y (Annual) Total Crossing Guards Sahrrics (Hourly Raw x 47,500 heiurs) $687,967.00 Supervisor Salary (Hourly Rate x es(imated annual hours) $ 35.987.IW1 Payroll Tax $84,,7.1-1. 1 Wcn-kers Cwtipenvstiorl ¢84:7@8.IM1 Liability lnsui wicc_ I; 128,645.(Ml Administrative Qvarheaad '61,46r941.0 Profit $ 4 r.,5fl+l.fNl TOTAL ANNUAL C OST' Af)U T CROSSING GUARD PRO( "RAM gf,r7@,55r.(ttl* C antractor Billing shall be based on the Crossing Girard hoofs crrservice provide). The billing for Cx'ix'srng Guard hours shall include all salancs, costs, overhead, and profit for the Crossing Guard Service. The hourly Crossing; Guard billing rate is fire Toad Annual Cost of Adalh Crossing Guard Prog nim divided by 47,500 hours )oral Artnu➢il ('ast of "Adult (:'re.rssirtg Guard Program B r,r7@,.RSr.lkt* 'Plena. ®toreour pmptesed prking inetudte o coal nr S82_(M.00 foe' add ipnasPl IiahnHv 47,500 lmurc, insu Ian a' cnverngg, should AC: MS let Whit ae xex urn eutleiirhennl IlaI, lob fly feesuraoeet A a Iowtr c�i r.. ACNIS%IkI hard rlet suvInp wHh Ilie (Ary of Santo Ana. Total Crossing (Amrd Billirrg S 24." / fir City Council 25 — 90 6/15MO21 r4'2 City of Santa Ana Program Pricing *Please now our proposed pricing includes a cost of $82,600.00 fur additional liability insurance coverage. Should ACMS be able to secure additional liability insurance coverage at a lower cost, ACMS will share the savings with the City. Year 1 (2021_/2022) • Billing Rate: $24.64 • Program Flours: 47,500 • Not to Exceed Price: $1,170,551.00* • Guard Wages: $14.00; $15.00 effective I/1/22 • Supervisor Wages: $17.00; $18.00 effective 1/1/22 Year 2 (202212023) • Billing Rate: $24.99 • Program Hours: 47,500 • Not to Exceed Price: $1,187,025.00• • Guard Wages: $15.00 • Supervisor Wages: $18.00 Year 3 and 4 (2023/2024 and 202412025) • Billing Rate: $26.89 • Program Flours: 47,500 • Not to Exceed Price: $1,277,275.00* • Guard Wages: $16.00 • Supervisor Wages: $19.00 *It is our intent to increase wages by $1.00 for the start of the 2023/2024 school year and if we do not increase wages, we will adjust pricing accordingly. Year- 5 (2025/2026) • Billing Rate: $28.07 • Program Hours: 47,500 • Not to Exceed Price: $1,333,325.00* • Guard Wages: $16.50 • Supervisor Wages: $19.50 *It is our intent to increase wages by .50 cents for the start of the 2023/2024 school year and if we do not increase wages, we will adjust pricing accordingly. City Council 25 — 91 6/15/2021 Forms / Addenda City Council 25 — 92 6/15/2021 COS TPROPOSAI, FORM GENEAAL INFORNIATI(Mq 1, 1'4a,,TRC �,f ( AH Cky Mart agsrmonA [RIC. 2, Oqgm6z.wwpiu t,: (C[Ruck One) C'Emponvioll x Asmwtunon )JA 3. Ovguinzakam A.ckbens and Idg-.1pho1w Nu. lent W440 Flforoow 8 vri , SuHro % Got, to Fe 90670 �FMW."PAW 5,19 9290, ......... 4. Lisrt the NaHw, Tidu agid Telcphmic Nlunbcrfs: r11p' Lhc OrginimwaoHs Authopizud Represevatirves: Baron Farwell, Prqs6r)n , Dernotra Farwo. CAw rab,Secietary 4q�) 591 B290 Ext V)l .tc ..sgServicesIncThosoindviduais rdton 25-93 6/15/2021 Appendix A•T'•T`ACT'IMh'NT44: NON-CO.L. TJSION Al FIDAVIT CERTIFICATIONS duty-c_t�r l t,r4u?� At t n>�avrr (litle 23 United States Code Section 112 and Public Contract Code Section 7106) To thy' (Il 1 Y 01 fUl3t_ i w!)RI S In aceordamice with Title 23 United arts Code Section 1 12 and Public Conhacr Code'7106 the 13TUDI-x dcclares that the hid is riot node in the interest of; or on behalf of, any undisclosed person, partnership, company, association, organization, ization, or corporation; that the bid is gcmaine and not r_nlhrt ivc or sltau , that the BIDDRI2 has not direelly or indirectly induced or solicited any o0w I DDER to put in a fdse or sham bid, and has not direed_y Or indirectly colluded, conspired, conniVCd or af�eed with any TlII7DL-R or anyone cl<s: to put in a sham laid, or that anyone And. refrain from bidding; that the BIDDER. hcaI, not in any rnannrr; directly or indirr.dly, souomt by agreement, comrrnrnication, or coaaference with anyone to fix the bid price or the R IT) 7I"A or any I3I1.1DER, or to fix any overhead, prAl, or cost element of the bid price, or of that (ir any other RUDER, or to secure any Mmirrinpc against the public body awarding the connacl of anyone IN&Mstad in the proposed contract; that all rn ternents utmoiued in the bid ;arc true; and, bather, that the DRADf.R has not, tiredly or indirectly, subm aind his or her bid price or any breakdown thereof; or the contcnLs Utrrcof, or divulge-d information or data relative ncurelo, or paid, and will not pay, any Fee to any corporation, partnership, company association, organization, bid depositt)fy, or to any member or agent thereofto effecmata: a collusive or share bid. Note: The above Non -collusion Aflidavit is part of the Proposal. Signing this Proposal on the I g Barrie porurMt Ihrrtof s hrt11 also con ututc signrIale of thi Non-tollulion Affidavit, BIDDLRS ut tautionc Ythat to akrnl, it t ecrhhc won n-ry ,ublcci the t r aufru to criminal prosc-cution /. _1 State of, California Subscribed and sworn to (or affimrcd) before nit on this l3 - day of-111V- 209/, by //P S , proved to me on thu ba5w; of tar ;factory wvidenec to be the. par 9rj who Etttl:rrarcd before me. 771- ioekv R. - - LOUI5 h9AtiTlPd ..�..` c Xrr%li 1l 'LJ 1-?1RSc-L)A Z) l=;l�(,y' 7��c,t�` COMM. N2161376 x rc -Nots9rt)7LA/Z✓OPublic • tsnrnia range :a County r' 7 Comm. Ex ices Ju! 29, 2020 Notary Public Sitrraature Notary Public Seal MMMOMMIRM ....... fitYof Santa Anna RF P 20J454 City Council Page A425 — 94 6/15/2021 Appendix ATTACHMENT 4-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS I he; p 1n r"Ifyu;ti wo gusluIiciprlx➢9 terLfibns, by ;xell irig anll suhvrtaiGnnr, 41titi?v hid nc p f'L)Pose,q, t o v➢Yc: fhcat aaf Ies tin her knoo IcrItyc up"] bellef" ud'azlt; NO ICdf1:11 ,n0>parcapnvi hte',td ht➢aaks have. frixti, pruid orwiH he paid, d, by oe ann Ilichaaff clo tdYe uenafl➢*r igprge�Kf, t'cy 34Illy p➢ax's'rax➢ to I, ➢rtifuner[r,tmgf, cir attullptInta 14 iIItIk(rave:ar. all officer in e rnlptrcyrx' (If affly fintem I a gency.. a Member of C'on➢ re , an officer or empkayec of CW lgfe- bs, Oran employev of a Mctrifa'w of Congress Al Connection wnh Me awardbW of tmy federal contract, the: making of any federal prpxvll➢P the making of any federal loran. the: entering into of any Crntptca ativc agrIS ITUTI➢f, WId She emboli adore, ca minuation, a'rmawunl, ante utimbent, or utodificgim of )Irby fadccnt c-kmgraf:t, prmaP, Irrxvn of coup w tive ag;reocknent. ➢t any tondr, edlan.;lr than tedk;rael apalrva 1triatccd dttrtafs have K..c n pa;➢id oll bwll he: pahi d to any th"n,c In dam influencing in uttemptny.I_ tq influe'rtce any officer or clnp hl yre.. td any ➢ 4enafl ugency' a3 melf9ber of 9.4P➢IfY}'Y'Itif{, bit it th'.-;llor e1lnp)l"yQ.';c of C�`r1Lf�YY^Ib, or J.fl kJnl[➢l Vyq : tat:➢ M6AlIlbU (if h 4rn1y,'Ifin'S°, In e:cfll➢Il➢4.:SaatSli vxrth thA:C fa 1elra.I conw.fict, giant Ionn, loan og t (➢op7ell a five, awe erala, tha t➢n Wei llO;r➢e77d :) ha fi %,A.nenpa➢ n aurrn'f :aoha➢tIli r it `IUisca!Ih.nuun: olf d ohhyangACtivit;ew I hxiry cent icAl lon is All y nalvff CIRR offII IWLr Napnq➢1 Ishich leftallnir was p irwed 10WRI tfus eRF1111r!}ncPlloal V4'F1L9 Y14d➢du or entered into. Submission WAY colihcanon is. a pYrerequtr itm Ear making or entering into this tronsaetiovt utapatrsar,d by Section 1351 'ride 31, U S. Code. Any person who flips to file the required certification shal he subject to a➢ vNif penalty of riot. less than S30ADO and not more than s 1 wo )o ➢tn 'a.:fv ^ uch ful0ure. I fat gno._pie� t va: p fmr c;ipprtr, also agm-'es by subrryi 2tng hlU or hell l➢tcd of irml>cvst➢ that h9 or,kne shall➢ requiv'e, chat the Lnnpretaaf.rc o thta: c rldir:ratexaun lw, mc:hldend in au lmv u Rol mulA:Anikea0s, which r.'it.ured $10DIt,006 atl.rd that all such sixlr e+e:ep'aienix slv.aald cettlty and rdiu la e:Iat:ceterdtn ,Iy. f:tnin III City Manayorruant Servicet, Inc. Siftaacv.R aall➢d Pl' ➢at.re:t jig, %wor,nN t aavtc Fl r. rlat; Slmas Of9y of Santa Ana II9d•f"120-"I49 City Council I`-allu "° 25 — 95 6/15/2021 Appendix ATTACHMENT 4-3: NON-DISCRIMINATION CEitTIFICATION CERTIFICATiONS The undersigned consulwal or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not diuximinate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Stich action shall include, but not be limited to, the tbllowing: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to he provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3_ The Consultant shalt send to each labor union or representative of workers with which he/she has a collective bargaining agretmment or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall punt copies of the notice in conspicuous places available to employees and applicants for employment. 4. 'rhe Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the niles, regulations, and relevant orders of the Secretary of Labor. 5, The Consultant shall furnish all information and reports required by Executive Order 11246 of Scptember 24, 1965, and by ndes, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her hooks, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled. terminated, or suspended in whole or in part and the Consultant may be declared ineligible for fureher Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24. 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. T The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (i) through (7) in every subcontract of purchase order unless cxcmpted Gity oI Santa Ana RFP 20•149 City Council PaQe 5 — 96 6/15/2021 by rules, regulation::, or otdcrs of the Secretary of Labor issued pursuant to Section 24A of Executive Carder 11246 of September 24, 1965, so chill such provisions will he bindinK upon catch subcontract or purchase order a-s the administering agency may direct as aneans or enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened With, litigation with a sub -consultant or vendor as a result of such direction by the aultministering agency, the Consultant may request that the United States enter into such litigation to protect the interests ofehe iInited States. E4. If"tmrstmant to Q.:alik'cmr9t:ila I raibar r ode Section 17'35, ai^ added by Chaprer C��2`S tiaaB,,. l�3�, rxurl as amended, No r,.115trtt'IrtinutitZlit shall he nude ltt floe cnrlploynt'asne of perxa:rrls upon 1pntblir:' drf rarrtc, rtirliigitou" o.rrmed, co Ior nation.50 rrrignr, 'm.'C'A }s,pbysivai it ndicaps' rnt,entraI ctaulltiarrt., ntariLai ;aahis, orart-x cpF;ucll. par-aons �;x eltt rct 1provided urea 9 ecaian 142b, 4Md step a.rrn.,ultartt Of pruhlic: work-, vi6tlmAnq QII'tay ` ck:6un R : ,uthjet.:t to rail C Itnf om-'dt fen ar viohlriurf apf the 4.-haptet'. t _]........_L��f .. I it[C I:lifemor of M.m kmp ng IF'irtnt All t'.:Ry �. aKmam)-orne nt : w)vyif.os, 4)c,. —.._..------- Jill MAYOR Vicente Sarmienl0 MAYOR PRO TEM David Panaloza COUNCILMEMBERS Phil Became Johnathan Ryan Hernandez Jessie Lope2 Nelida Mendoza Thal Vial Phan CITY OF SANTA ANA PUBLIC WORKS AGENCY 20 civic Center Plaza . P.O. Box 198B Santa Ana, California 92702 wW W.annfa-aa1i1.[lrp f7141647.6619 December 22, 2020 Id 171] A' I pill 71 [e7 9 � SUBJECT: RFP NO. 20-149: CROSSING GUARD SERVICES CITY MANAGER Knaline Ridge CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Daisy Gomez The following changes/clarlflcatlons have been made to the above Request for Proposal: 1. Add new section to the RFP: Price Adjustments: The parties may annually agree to an adjustment of charges (not to exceed 2%) commencing at the end of the first year of the agreement, utilizing the month of December statistics and supporting documentation. The two indices which will be used for determining adjustments to services charges shall be the most recent December Consumer Price Index (CPI) for All Urban Consumers for Los Angeles -Anaheim- Riverside CMSA, published by the United States Department of Labor Bureau of Labor Statistics or any relevant successor for the Orange County area (and the December Produce Price Index (PPI). The adjustment formula shall be as follows: The CPI shall be weighted at ninety [90] percent and PPI shall be weighted at ten [10] percent.) All other terms and c ions of the RFP remain unchanged. Edwin "William" Galvez City Engineer V.c M.S.M11W, Mayur xsw,ul(gnMW4s1�u4ralmuslm WO"Punvmm M., WnE M.rn 11,11knilk9fth. 011d11L SANTA ANA CITY COUNCIL r Aq a.cnna JOhhYIhVI Ry;m HertmeuNx Melhte M1wnneo0 WufO B NJIOIffiu1N,iWyL4d9�Ji11,��{X�,ugf({IRIAMIA;}v146Api.M1 MAYOR ViCento Sarmlento MAYOR PRO TEM David Penalozd COUNCILMEMBERS Phil Bacerra Johriothan Ryan Hernandez. Jaoole Lopez Nelida Mendoza Thal Viet Phan h- A ♦ ♦ K ♦. f PUBLIC WORKS AGENCY 20 Civic Center Plaza + P.O. Box 1988 .S'enla Ana, California 92702 yv✓�a. stnr t ozmtt.S'rcy /_?4J E47_561 January 19, 2021 CITY MANAGER Kristine Rldga CITY ATTORNEY Sonle R. Carvalho CLERK OF THE COUNCIL Daisy Gomez The following changes/clarifications have been made to the above Request for Proposal: Replace Page 2 Notice Inviting Proposals with the attached Page 2 Notice Inviting Proposals. The Proposals are now due January 28, 2021. All other terms and.,conditions of the RFP remain unchanged. Edwin "William" City Engineer f 11 ., r I ( a, C.oyrtciJ 25 — 99 61,f512021 , mI,7,,,vp r( �)i r. �If• . t.... t . mp NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received frurn qualified firms to provide adult crossing guard services to aide primarily school children of'our community as they walk to and frorn school. Responses to this Request for Proposals (RFP) must be submitted electronically to the PlanctBids system no later than JANUARY 28, 2021 at 5:00 p.m_ Proposals received after this date/time will not be considered. It is the respon,ibility of the proposer to ensure that any proposals submitted have sufficient time to be received by the City of Santa Ana prior to this proposal due date and time. Additionally, it is a requirement that hard copy proposals also be sent by cuuncr service, mailed, or hand delivered in an enclosed sealed envelope and marked clearly with the following "SEALED PROPOSAL FOR CROSSING GUAIM SERVICES RFP NO. 20-149 IN THE CITY OF SANT'A ANA DO NOT OPEN WITH REGULAR MAIL-" City of Sanfa Ana Attn.: LUENFiC "7F.D" KFXULA public Works Agency; M-43 20 Civic Center Plaza; Ross Annex Santa Ana, CA 92701 For further instructions regarding hard copy submission of'proposals, refer to PlanctBids and Section I • Introduction/Program Dcseription in this RFP. All notifications, requests for information, updates and addenda will be posted online on PlanefBids at http //wNinhlanetbsrls.cornlpol_t_rl/pq.l[.il f,111A ompanvll M] .,7 Proposers shall be mspunsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination ol'a nonresponsive qualification_ iradm...vW�•••.,-romdrrmrrmxnmrnnrrnttnanm,nmmmmmm m�mmm.. =m �•.�_•.•• ���•�_.�•�•r<ynxmmnnaronmmmmm�mmrcm»..n�»�.-.w.-....�.��. ,�.rnmmmmmmmmn rdmM�. City Council Pape 2 2 — 0 6/15/2021 J,dull I Jill n I 1ID ,I 'IIW kJl, Ip Ili Jill 111 1 Ir IT ilu'16w "III EXHIBIT C Appendix ATTACH Eat T 2 FEE P'ROPOSA1, FORM k"Ofiflonal prying includes addi itinal S5if4 let habillrg hisuranee` C.%DST 1°ROP(DSAf., l+(DRM FEW afZliilR3:€LLZiilIi9: s�]iT/J V A18 1 (202112022) 11 vmmnam Crossing Guard Salary (flurrrly) SI4 l ; SrS.lHleffcc(lve urRz Crossing Guard Supervisor Salary (Hourly) $f 7.au1; *f8.a►tf erikelive IlV22 C(7STSUMMA12Y (Annual) Total Crossing Guards Sahrrics (1-(ourly Raw x 47,500 heiurs) $687,967.00 Supervisor Salary (Hourly Rate x es(imated annual hours) $ 35.987.IW1 Payroll Tax $84,,7.1-1. 1 Wcn-kers Cwtipenvstiorl ¢84:7@8.IM1 Liability lnsui wicc_ I; 128,645.(Ml Administrative Qvarheaad '61,46r941.0 Profit $ 4 r.,5fl+l.fNl TOTAL ANNUAL C OST' ADULTCROSSING GUARD PRO( "RAM gf,r7@,55r.(ttl* C antractor Billing shall be based on the Crossing Girard hoofs crrservice provide). The billing for Cx'ix'srng Guard hours shall include all salancs, costs, overhead, and profit for the Crossing Guard Service. The hourly Crossing; Guard billing rate is fire Toad Annual Cost of Adalh Crossing Guard Prog nim divided by 47,500 hours )oral Artnu➢il ('ast of "Adult (:'re.rssirtg Guard Program B r,r7@,.RSr.lkt* 'Plena. ®toreour pmptesed prking inetudte o coal nr S82_(M.00 foe' add ipnasPl Iiahniry 47,500 lmurc, insu Ian a' cnverngg, should AC: MS let Whit ae xex urn eutleiirhennl IlaI, lob fly feesuraoeet A a Iowtr c�ir.. ACNIS %IkI hard rlet suvInp %Rh Ilie (Ary of Santo Ana. Total Crossing (Amrd t illirrg S 24." / fir City Council 25 — 102 6/15MO21 r4'2 City of Santa Ana Program Pricing *Please now our proposed pricing includes a cost of $82,600.00 fur additional liability insurance coverage. Should ACMS be able to secure additional liability insurance coverage at a lower cost, ACMS will share the savings with the City. Year 1 (2021_/2022) • Billing Rate: $24.64 • Program Flours: 47,500 • Not to Exceed Price: $1,170,551.00* • Guard Wages: $14.00; $15.00 effective I/1/22 • Supervisor Wages: $17.00; $18.00 effective 1/1/22 Year 2 (202212023) • Billing Rate: $24.99 • Program Hours: 47,500 • Not to Exceed Price: $1,187,025.00• • Guard Wages: $15.00 • Supervisor Wages: $18.00 Year 3 and 4 (2023/2024 and 202412025) • Billing Rate: $26.89 • Program Flours: 47,500 • Not to Exceed Price: $1,277,275.00* • Guard Wages: $16.00 • Supervisor Wages: $19.00 *It is our intent to increase wages by $1.00 for the start of the 2023/2024 school year and if we do not increase wages, we will adjust pricing accordingly. Year- 5 (2025/2026) • Billing Rate: $28.07 • Program Hours: 47,500 • Not to Exceed Price: $1,333,325.00* • Guard Wages: $16.50 • Supervisor Wages: $19.50 *It is our intent to increase wages by .50 cents for the start of the 2023/2024 school year and if we do not increase wages, we will adjust pricing accordingly. City Council 25 — 103 6/15/2021 Public Works Agency https://www.santa-ana.org/pw Item # 26 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report June 15, 2021 TOPIC: Spill Response, Hazardous Waste Disposal, and Storm Drain Facility Maintenance Services AGENDA TITLE Approve Agreements with Ocean Blue Environmental Services, Inc. and United Storm Water, Inc. for Spill Response, Hazardous Waste Disposal, and Storm Drain Facility Maintenance Services for up to a Five-year Term in an Amount not to Exceed $1,750,000 per Agreement (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute agreements with Ocean Blue Environmental Services, Inc. and United Storm Water, Inc. to provide spill response, hazardous waste disposal, and storm drain facility maintenance services in the annual amount of $350,000 for each agreement, for a total amount not to exceed $1,750,000 per agreement, for a three-year term beginning June 15, 2021 through June 14, 2024, with provisions for one two-year extension, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The City of Santa Ana is a co-permittee under the North Orange County Municipal Separate Storm Sewer System (MS4) Permit (Order No. R8-2009-0030, as amended by Order No. R8-2010-0062). The Permit requires the City to reduce pollutants discharged in urban runoff to the "maximum extent practicable". In order to comply with the Permit, the City is required to clean and maintain its storm drain system, respond to and eliminate illegal discharges and illicit connections, and conduct cleanup of pollutant spills that could potentially impact the storm drain system. On March 4, 2021, the Public Works Agency released Request for Proposal (RFP) No. 21-004 to seek the services of professional contractors to provide spill response, hazardous waste disposal, and storm drain facility maintenance services (Exhibit 1). The RFP was advertised on the City's online procurement management and publication system with proposals due on April 1, 2021. Four proposals were received, evaluated by a selection committee, and ranked based on a combination of qualifications, relevant project experience, understanding of need, and references. The table below summarizes the rank and score for each contractor that submitted a proposal. City Council 26 — 1 6/15/2021 Agreements for Spill Response, Hazardous Waste Disposal, & Storm Drain Maintenance June 15, 2021 Page 2 Contractor Score Rank Ocean Blue Environmental Services, Inc. 93 1 United Storm Water, Inc. 89.2 2 US Ecology 83.4 3 1 ICI Environmental & Engineering Services 67.8 4 In accordance with the Qualifications Based Selection process, the fee schedules were opened after proposal evaluations were completed. Staff recommends Ocean Blue Environmental Services, Inc. and United Storm Water, Inc. (Exhibits 2 & 3) be retained to provide spill response, hazardous waste disposal, and storm drain facility maintenance services based upon the scope of work and selection criteria outlined in RFP No. 21-004. Although the primary services provided by these contractors will be spill response, hazardous waste disposal, and storm drain facility maintenance, the contractors will also perform stormwater lift station maintenance for the Parks, Recreation, and Community Services Agency, and dispose of hazardous waste removed from the public right-of-way for Public Works Refuse Collection Services. ENVIRONMENTAL IMPACT there is no environmental impact associated with this action. FISCAL IMPACT The intended spending plan for these Agreements is as follows, subject to change: Ocean Blue Environmental Services, Inc. Agreement Term Accounting Fiscal Unit— Fund Accounting Unit, Amount Year Account Description Account Description No. Federal Clean Federal Clean Water 2020-21 05717640- Water Protection Enterprise, $12,500 (June) 62300 Protection Contract Services - Enterprise Professional Civic Center -Regular 2020-21 07413250- Civic Center Maintenance, $2,500 (June) 62320 Maintenance Maintenance & Repair Buildings & Ground Federal Clean Federal Clean Water 2021-22 05717640- Water Protection Enterprise, $300,000 (July -June) 62300 Protection Contract Services - Enterprise Professional City Council 26 — 2 6/15/2021 Agreements for Spill Response, Hazardous Waste Disposal, & Storm Drain Maintenance June 15, 2021 Page 3 Ocean Blue Environmental Services Inc. Agreement Term Accounting Fiscal Unit— Fund Accounting Unit, Amount Year Account Description Account Description No. Civic Center -Regular 2021-22 07413250- Civic Center Maintenance, $50,000 (July -June) 62320 Maintenance Maintenance & Repair Buildings & Ground Federal Clean Federal Clean Water 2022-23 05717640- Water Protection Enterprise, $300,000 (July -June) 62300 Protection Contract Services - Enterprise Professional Civic Center -Regular 2022-23 07413250- Civic Center Maintenance, $50,000 (July -June) 62320 Maintenance Maintenance & Repair Buildings & Ground Federal Clean Federal Clean Water 2023-24 05717640- Water Protection Enterprise, $287 500 (July -June) 62300 Protection Contract Services - Enterprise Professional Civic Center -Regular 2023-24 07413250- Civic Center Maintenance, $47,500 (July -June) 62320 Maintenance Maintenance & Repair Buildings & Ground SUBTOTAL. $1,050,000 Extension Period Federal Clean Federal Clean Water 2023-24 05717640- Water Protection Enterprise, $12,500 (June) 62300 Protection Contract Services - Enterprise Professional Civic Center -Regular 2023-24 07413250- Civic Center Maintenance, $2,500 (June) 62320 Maintenance Maintenance & Repair Buildings & Ground Federal Clean Federal Clean Water 2024-25 05717640- Water Protection Enterprise, $300,000 (July -June) 62300 Protection Contract Services - Enterprise Professional 2024-25 07413250- Civic Center Civic Center -Regular $50,000 (July -June) 62320 Maintenance Maintenance, City Council 26 — 3 6/15/2021 Agreements for Spill Response, Hazardous Waste Disposal, & Storm Drain Maintenance June 15, 2021 Page 4 Ocean Blue Environmental Services Inc. Agreement Term Accounting Fiscal Unit— Fund Accounting Unit, Amount Year Account Description Account Description No. Maintenance & Repair Buildings & Ground Federal Clean Federal Clean Water 2025-26 05717640- Water Protection Enterprise, $287,500 (July -June) 62300 Protection Contract Services - Enterprise Professional Civic Center -Regular 2025-26 07413250- Civic Center Maintenance, $47 500 (July -June) 62320 Maintenance Maintenance & Repair Buildin s & Ground SUBTOTAL: $700,000 TOTAL $1,750,000 United Storm Water, Inc. Agreement Term Accounting Fiscal Unit— Fund Accounting Unit, Amount Year Account Description Account Description No. Federal Clean Federal Clean Water 2020-21 05717640- Water Protection Enterprise, $12,500 (June) 62300 Protection Contract Services - Enterprise Professional Refuse Refuse Collection 2020-21 06917640- Collection Service, Contract $2,500 (June) 62300 Service Services -Professional Federal Clean Federal Clean Water 2021-22 05717640- Water Protection Enterprise, $300,000 (July -June) 62300 Protection Contract Services - Enterprise Professional Refuse Rcfusc Collection 2021-22 06917640- Collection Service, Contract $50,000 (July -June) 62300 Service Services -Professional Federal Clean Federal Clean Water 2022-23 05717640- Water Protection Enterprise, $300,000 (July -June) 62300 Protection Contract Services - Enterprise Professional City Council 26 — 4 6/15/2021 Agreements for Spill Response, Hazardous Waste Disposal, & Storm Drain Maintenance June 15, 2021 Page 5 United Storm Water, Inc. Agreement Term Accounting Fiscal Unit— Fund Accounting Unit, Year Account Description Account Description Amount No. Refuse Refuse Collection 2022-23 06917640- Collection Service, Contract $50,000 (July -June) 62300 Service Services -Professional Federal Clean Federal Clean Water 2023-24 05717640- Water Protection Enterprise, $287,500 (July -June) 62300 Protection Contract Services - Enterprise Professional Refuse Refuse Collection 2023-24 06917640- Collection Service, Contract $47,500 (July -June) 62300 Service Services -Professional SUBTOTAL: $1,050,000 Extension Period Federal Clean Federal Clean Water 2023-24 05717640- Water Protection Enterprise, $12,500 (June) 62300 Protection Contract Services - Enterprise Professional Refuse Refuse Collection 2023-24 06917640- Collection Service, Contract $2,500 (June) 62300 Service Services -Professional Federal Clean Federal Clean Water 2024-25 05717640- Water Protection Enterprise, $300,000 (July -June) 62300 Protection Contract Services - Enterprise Professional Refuse Refuse Collection 2024-25 06917640- Collection Service, Contract $50,000 (July -June) 62300 Service Services -Professional Federal Clean Federal Clean Water 2025-26 05717640- Water Protection Enterprise, $287 500 (July -June) 62300 Protection Contract Services - Enterprise Professional 2025-26 06917640- Refuse Refuse Collection (July -June) 62300 Collection Service, Contract $47,500 Service Services -Professional SUBTOTAL: $700,000 TOTAL $1,750,000 City Council 26 — 5 6/15/2021 Agreements for Spill Response, Hazardous Waste Disposal, & Storm Drain Maintenance June 15, 2021 Page 6 EXHIBIT(S) 1. RFP No. 21-004 & Addendum No. 1 2. Agreement with Ocean Blue Environmental Services, Inc. 3. Agreement with United Stormwater, Inc. Submitted By: Nabil Saba, Executive Dir Public Works and Lisa Rudloff, Executive Director — Parks, Recreation, and Community Services Agency Approved By: Kristine Ridge, City Manager City Council 26 — 6 6/15/2021 REQUEST FOR PROPOSALS (RFP) FOR SPILL RESPONSE, HAZARDOUS WASTE DISPOSAL, AND STORM DRAIN FACILITY MAINTENANCE SERVICES RFP NO.: 21-004 CITY OF SANT'A ANA Public Works Agency 20 Civic Center Plz (M-22) Santa Ana, CA 92701 Project Manager Craig Foster, CPSWQ, QSD/P NPDES Manager (714)647-5659 efoster 4 Approved for Release: KEY RFP DATES (Subject to change at discretion of City): Issue Date: Letter of Intent: Deadline for Requests for Information: Proposal Due Date: Anticipated Award Date_ Nabil Saba, PE Executive Director Public Works Agency Thursday March 4, 2021 Thursday March 11, 2021 Monday March 15, 2021 Thusday March 25, 2021 at 4:00 p-m_ Tuesday June 15, 2021 City Council 26 — 7 6/15/2021 NOTICE INVITING PROPOSALS NOVEL IS 11LREBY G1VLN that proposals will be received from qualified Conuactors for Spill Response, l lazardous waste Disposal, and Storm Drain Facility Maintenance services. Responses to Ibis Request for Proposals (RFP) will he accepted until 4:00ptu on Thursday, March 25, 2021. Proposals must be submitted electronically. t�Lh the Planetl3ids system. No other form of submittal will be accepted_ It is the responsibility of the proposer to ensure that any proposals submitted have been uploaded to Platiel.Bids prior to the proposal due date and Lime Mated on the cove page of this RFP. Proposals shall NOT be mailed or sent via telegraphic, electronic, or facsimile means. All notifications, requests for information, updates and addenda will be posted on the Planetl3ids page at htfis://www.planetbids_corn/portal/portal.el'm?CutnpatryLD-20137. Prupuscra shall be respunsiblc fur monitoring the site to obtain inlururatiun regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal. LETTER OF INTENT: As n antrtesy to the City, all intacsted Contractors are encouraged to submit a Letter of Intent of their pending proposal to the noted Project Manager by the required date, as shown on the cover page of This RFP. Letters of lnlem shall be sent via ,erutied mail or email and shall include the information below: 1. Use formal company letterhead. 2. Indication of company interest in the RI-P. 3_ Acknowledgement of candidate's responsibility to monitor the City's website lot- any anrcndrncuts m modifications to the RFP. 4. Provision of correct, complete contact information. Failure to submit a Letter of Intent will nix lead to disqualification of the firm_ City Council 26 — 8 6/15/2021 City of Santa Ana Rh'P 21-004 Page: 2 TABLE OF CONTENTS I. INTRODUCTION / PROJECT DESCRIPTION 4 II. INSTRUCTIONS TO PROPOSERS 5 A. CITY RESPONSIHILII IFS B. PROPOSER RESPONSTBTLITTES C. REQUEST FOR INFORMATION OR CLARIFICATION D. ADDENDA E. LICENSES & PERMITS F. TNSURANCF G. INFORMA I ION PAC'KFA H. PRE -PROPOSAL MEETING I. CITY R1GI IT TO REJECT J. 1111) PRO FSTS Ill. SUBMITFAI.RFQUIRI,:MENTS 7 A. GENERAL B. PROPOSAL CONTENTS 1. STATEMENT OF QUALIFICATIONS 2_ SCOPF, OF SF.RVTCFS AND SCHF.DIJT.F 3_ FEE PROPOSAL 4. CERTIFICATIONS IV. PROPOSAL REVIEW (CONSULTANT SELECTION) 9 A. EVALUATION AND RATTNG B. SELECTION V. CONTRACT AWARD 9 A. REQUEST FOR COTTNCTT_ ACTION H. EXF.CUI'ION OF ACiRE,FMFNI VI. IMPLEMENTATION 10 A. KICK-OI-F MFF 1'ING B. NOTICE. TO PROCEED VIT. PUBT.IC RECORDS 10 A I I ACHMF;N I I: SCOPE OF WORK ATTACHMENT 2: SAMPLE AGREEMENT ATTACHMENT 3: CERTIFICATIONS A I' I'ACI IMIiN'I' 4: CONTRACT COMPARISON I-ORM City Council 26 — 9 6/15/2021 City of Santa Aux RFP 21-004 PxgC 3 1. INTRODUCTION / PROJECT DESCRIPTION Nature ol' Work: The City of Santa Ana is seeking qualified contractors to perform spill response, hazardous waste disposal, and storm drain facility maintenance services. A detailed Scope of Worl< N included in the Appendix of this RFP as Attachnn:nt 1- Number of Proposals and Signature: Proposals must he submitted electronirrlly throunh the Planett3ids system. No other [Linn of ubtnittal will be accepted. It is the responsibility of the proposer to ensure that any proposals submitted have been uploaded to Planetl3ids prior to the proposal due date and time stated on the cover pace of this RI P. Proposals shall be signed by a company olTicial with the power to bind the company- Please be explicit in identi_4ving the appropriate person kith le,;ral enahority to bind the coniputiv. The proposal fee schedule must be submitted as a separate attachment in the PlanetRids system, and not he included as part of the proposal. The Statement of Qualifications shall be limited to a maximum of fifteen (15) double - sided pages (excluding front and back covers, section dividers and attachments such as resumes, forms)- Font size shall be minimum 11-point Arial. Proposal exhibits shall he rnaxirntnn I I" x 17"- Proposal Evaluation and Rating .fhe criteria for evaluating the proposals submitted is shown below. Relevant Project Experience 35°/, Firm/Team Experience 3094 l lndersianding of Need 25"/o References t o% The City has established a proposal review committee to evaluate proposals based on the response to this RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth above- A final score will be calculated lot each subinilted proposal and usal to rank the proposers. After ranking, cost negotiations may begin with the most qualified contratctoris) and only their cost proposals will be opened- Should negotiations fail 01- result in a price that the City Council 26-10 6/15/2021 City of Santa Ana RFP 21-004 Pagc 4 City does not consider fair and reasonable, negotiations will be formally terminated and the City will then undertake negotiation~ with the next mast qualified contractor(,,). Project rundin The primary funding source for these services is the City's NI'DF- ' Program budget. Special prgject funding sources may vary and shall comply with the ffiutding agency's requirements. Special conditions may apply- Rcicr to Anachnlent 1 (Scope of work) in the Appendix of this RFP. Prevailing Wage~: In accordance with the Calilumia Slate Labor Lode, prevailing wage rates apply. Copies of the prevailing rate of per diem wages arc oil the with the Public Works Agency and shall be made available to any interested party on request. Contractors shall .submit certified payroll to the Cily for work performed in a timely manner. The City may withhold invoice payment until certified payroll is rcccived- Ternl of Conlracl A2reetmenl: The City desires to enter into contracts with two selected Contractors for an initial three (3) year term with a City option 11or one ( I), two (2) year extension period- This tent) is outlined in the Standard Consultant Agrecrnct-n, as containul in the Appendix of this RFP as Attachment 2. 11. INSTRli('TIONS', TO PROPOsFRS A. CITY RESPONSIBILITIES The City will provide information in its possession relevant to preparation of required information in this RFP. The City will provide only the staff assistance and documentation sped fically refer-ed to herein. B. PROPOSER RESPONSIBILITILS Point of Contact: The selected proposers will assume responsibilities for all services in ils proposal. The selected proposers shall idenlily a sole point of contact with the greatest knowledge concerning the required service operations and contractual mallets, including payment of -all charges resulting lrom the Agrecmem. Tvidence (if Pirsncial Capacity: Propo ers may be ralucsted to suhmit its most recent audited financial statement, evidencing proposer',, financial capacity to fully perform the required services, including provision of equipment and personnel expenses over a ninely (90) day period. if said financial statement does not reticci full ninety (90) day operational capacity, proposer may include a letter of credit as evidence of supplemental capacily. City Council 26 — 11 6/15/2021 City of Santa Ana ICFP 21-004 Page: C. REQUEST FOR INFORMATION OR CLARIFICATION All questions or requested clarifications shall be made only in writing in the Q&A section located in PlanetHids prior to the deadline for Requests for Information outlined on the cover page of this RFP- No verbal requests will be accepted- Significant interpretations or clarifications will be addressed via addenda to this RFP. D. ADDENDA Any significant changes in the RFP from the date of release to the date of submittal will result in an addendum or amendment As set Forth in the Notice Inviting I'r0110sals, notification of such addendum or amendment shell be posted on PlanetBids at lutly //www,.1.>..Luu tl i l:;.ct 1n/t>t rtzlUltirn l tl _clot Jf arl_p tnyCC r }(113:( Addenda shall become part of the agreement documents. E. LTCENSES & PERMITS The selected proposers shall bee rcrlttired to obtain a City of Santa Ana Business license within ten (10) business days of selection and must provide a copy to the City's project manager or designee prior to conunencing any work in Satin Ana. Additionally. Proposers will be responsible for obtaining any licenses/permits required by the Scope of Work. F. INSURANCE The Selected Proposers shall provide the required evidence cif insurance coverage aS Set forth in the Scope of Work within tell (10) business clays after receipt of notice that thc contract has been awarded. Failure to provide the required insuratlec certificates shall be cause for the annulment of The award and t11e forfeiture of the proposal guaranty. The City will provide the Selected Proposers with a "New Vendor Checklist', which outlines insurance requirementa- G. PAYMENI' INFORMATION PACKLT The selected proposers shall return a completed payment information packet within ten (10) business days aher the successful proposer has received notice dial the colluded has bCCll awarded. 11. PRE -PROPOSAL MEETING Should a pre -proposal meeting he scheduled, the date, time., and Iocaticnl is identified on the Coker page oFthis RFI'. I Ile meeting will include discussion Of the prtlject scope and a question -and -answer Session. It is highly recommended that the Proposer's key tcalu lncntbas attend t}tis meeting.. Signitcant interpretations or claritications will be addressed via addenda to this RFP. as described above in "Section D: Addenda." City Council 26 — 12 6/15/2021 City of Santa Ana 1CF1' 21-004 Pagc 6 1. (:f1 Y RlC �111 lY)12LJLC 1 .fhe City reserves the right to reject airy or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal - The City reserves the right to reject, replace, and approve any and all subcontractors. All subcontractors shall be identified in response t0 this RFP. Subcontractors shall be the responsibility of the sclecteT proposer and the City shall assume no liability of such stlbconu-actors. J. BID PROTESTS Proposers with concerns pr rebuttal of any staff determination of non-responsivcness Or non-respon5lbility may submil, in wriling within five (5) business days, to (he Prolecl. Manager, any concerns regarding the RFP process or staff determination- Such writing shall be considered by the City Manager or ]let- designated representative, and maybe. acted upon within live (5) business days. if no action is taken within such tire, there shall be no change to the staff determination. The exercise by the Proposer of its right to submit written concerns shall he a condition precedent to seekinujudicial review of Lilly award of a contract hereunder. Ill. SUBMITTAL REQUIREMENTS A. GENERAL 1. The number of Proposal Copies and signature. is specified in: Rl-P SECTTON T - TNTRODLICTTON / PROJECT DESCRIPTION �. Deadline: Proposals are duc to the City of Santa Ana via PlanctBids at the date wld time specified in the Notice Inviting Proposals. B. PROPOSAL CONTENTS The proposal format and page liritation, if any, is specified in: RFI' SEC: PION I - IN IROI)UC PION / PRO,IFC I I)h;$('RII' I ION 1. STATEMENT OF QUALIFICATIONS City Council 26 — 13 6/15/2021 City of Sauna Ana 1CF1' 21-004 Pagc 7 a. Cover Letter: Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity- b. Contract Agreement Statement: Proposals shall include a statement outlining concurrence or concerns with any and all Provisions contained in the Agreement attached herein as Attachment 2 in the Appendix - Firm and Team Experience: Proposals shall include a profile of the firm's experience and resumes which outline the experience of the project Leann and subcomractors that will be providing services. At a mininunn, this should include the project manager or principal agent, associate iu charge when the project manager or principal agent is unavailable, key personnel, firm size, and an organization charl identifying only those who will perform work for the proposed project and the percentage of each individual's tiIIIC. devoted to this project. The project manager orprincipal agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited for an interview. d- Understancling ol'Need: Proposals shall include an OULhne which dcmonstatcs cuntactor's understanding ofthc wurk. This outline should include anticipated approach, tasks necessary for sucecsshll completion, deliverables, and suggestions or special concerns Ihat the City should be made aware of Identify any assumptions and/or exclusions used in preparation of the scope of work and assoeiatcd fee estimate. Relevant Project Experience! Proposal shall include a list of relevant 131-0jeCts, which your fine or Personnel have connpleLed within the last 5 years, including signilicam work with public agencies. Project information should mehtde project description, projeet location, year Completed, and Client name and Contact information. f- References- Proposal shall include a list of rcicvant projects with relcrenecs liOr three. pLiblic cntitios lot- which Proposer has pet torntcd similar work within the past live (5) years. SCOT OF SF:RVI('F.S AND SCHEDULF. Proposals shall include a Scope of Services that details contractor's cxpericncc and expertise conducting spill response, hazardous waste disposal, and stormdrain facility maintenance services, as it pertains to the Scope of Work detailed in Atladnmenl 1 of this I?FP. City Council 26 — 14 6/15/2021 City of Santa Ana ICH) 21-004 Pagc 8 PROPOSAL: The lee proposal ;hall be submitted concunantly with the technical proposal, but as a separate attachment, clearly labeled aN "Fee Proposal." The tec proposal shall include a list otall positions, hourly rates, equipment and material costs, and any other costs required to perform the services described in the Scope of Work detailed in Attachment 1 of this RFP. Additionally, contractors shall complete. a CONTRACT COMPARISON FORM, attached as Appendix Attachment 4 to this RFP, and subunit it to the City as part of the fee proposal in PlanetBids. The fee proposal will not be opened until the proposals have been evaluated by the proposal selection committee- The City will NeleCt the consultant based oil qualifications, and then negotiate a contract price based on available funding. 4. CERTIFICATION',; - The following tones shall be signed and included as pint of the ptoposal submiltat package: • Attachment 3-1 : Nnn-Collusion ,Affidavit • Attachment 3-2: Non -Lobbying Certification • Attachment 3-3: Nun -Discrimination Certification IV. PROPOSAL REVIEW (CONSULTANT SELECTION) A. EVALUATION AND RATING The criteria for evaluating the proposals are specified in: RFP ShCTTON I - TNTRODUCTTON / PROJECT DPSCRTPTTON- B. SELECTION The selection committee will be comprised ofat least (3) City stab. The committee may interview the top ranking proposers. The City will recommend award of contracts to the proposers who will provide the best value and experlise to the City. The City reserves the tight to begin negotiations and Enter into a contract without intcuvicw or fut7her disCussiorts- V. CONTRACT AWARD A. REQUEST FOR COUNCIL ACTION Following evaluation and rating, by the proposal review committee, the Pn>jcci Manager will recommend awarding contracts to the two top-r,3nking proposers that wil I provide the bell value and expertise to the Cily. City Council 26-15 6/15/2021 City of Santa Ana Rh'P 21-004 Pagc 9 I3_ kXI;CU I ION 01- ACiIZI-;I-;Ml-;N I The Scope of Services and Fees submitted in the proposal will be the basis of any negotiation of final lcnns, which will lead to a completed a6Tccmcnt ready for execution based on the standard Agreement attached herein as Attachment 2 in the Appendix. VI. 1MPLEMF'N FATION A. KICK-OFF MEETING A kick-off meeting may he held after award of contracts_ Contractors and their team will meet with City of Santa Ana staff to conduct introductions, discuss scope of services, and unplemenlation processes. It. NOTICF TO PROCFFI) Prior to issuance of a formal Notice to Proceed (N It'), Consultants shall provide all required bonds, insurance docruments, and contents of the Tnformation Packet for review and approval by the City. V11. PUBLIC RECORDS All data, documents and other products used, developed, or produced during response preparation ofthis RFP will becoute property ofthe City. All respuuses to this RPP shall become property of the City. Proposer information identified as proprietary information be maintained confidential, to the extent allowed under the California Public Records Act_ Proposals will become public record alter award of contract. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. City Council 26 — 16 6/15/2021 City of Sauna Ana 1CF1' 21-004 Page 10 Appendix ATTACHMENT 1 SCOPF Or WORK «►rrwnaM4 .rKI"... REQUEST FOR PROPOSALS SPILL RESPONSE, HAZARDOUS WASTE DISPOSAL, AND STORM DRAIN FACILITV MAINTENANCE SERVICES RFP NO. 21-004 INTRODUCTION/BACKGROUND The City of Santa Ana is 27.2 square miles and is located in central (.)range County, California. Santa Ana is the most densely Populated city in the county, with a total population of 338,247 and approximately 12,435 people per square mile. Scrota Ana sits N ithin three major watersheds: the Newport Bay watershed, the Santa Anal River watershed, and the Anaheim Bay/Hurl ingturt Harbour watershed. The City ol'Santa Ana is a co-pcnniuce under the North Orange County Municipal Separate Sumn Sewer System (MS4) Permit (Order No. R8-2009-0030, as amended by Order No. R8-2010- 0062). Hie Pennil presenis a series of technical, legal, anti regulatory challenges to the City and as a result, the City has established a rigorous National PDIluttnt Discharge Elimination System (NPDLS) unnpliancc prugram. The Permit requires the City to reduce pollutants discharged in urban rmroll' to the "Maun xinn Extent Practicable In order to comply with dic Pcnnit, the City is required to clean and maintain its MS4 and treatment control Best Management Practices (BMPs), respond to and eliminate illegal discharges and illicit connections, and conduct cleanup ofpollu(ants that could potentially impact the MS4. The City's storrndrain system includes. but is not limited to: • 1.600 stornnvatcr catch basins, ofwhich 1,275 have been retrotitted with Connector Pipe Screen (CPS) units and 139 have been rell-olined with Auto -Retractable Screens (ARS) • 215 culverts • 20 open channels • One storinwater liii station • Treatment Control BMPs, such as: • Continuous Deflective Separation (CDS) Unit • Riorelention Basins Bioswalcs/Vcgctitcd Swalcs City Council 26 — 17 6/15/2021 City of Santa Ana ICH) 21-004 Pagc Al-1 Pervious Pavement • Drywells • Proprietary Biotreatment Devices • Underground Infiltration Systems The City desires to retain two Contractors to pa-lircm spill response, hazardous waste disposal, and atormdrain tacility maintenance Novices to assist with NPDI:S Permit compliance and maintain water quality standards. Professional sevices Agreenre is will be entered into with the selected COnI-aehHS and the selected Contractors will be requested to perlbnn these services on an as -needed hasis tinder the direction of the Public Works Agency. All work shall be done in accordance with the most recently adopted North Orange County MS4 Permit arid any other applicable local, state, and federal laws - The selected Contractors shall utilize iu-house stall and/or subcontractors to complete assignments to meet the U ty's standards. For specialized work, for which the selected Contractors require a subcontractor, the selected Contractors shall serve as an administrative liaison between the City and the subcontractors. Murk -ups for subcontractor work shall not exceed ten percent (10%)- The selected Cuntracturs must have the expertise, experience, and dcaiunstratcd resultrccs available to pertornn the work described in the Scope of Services below. fhe City desires to enter into Al-reements with the two top-ranking Contractors for an initial three (3)-Year term, with it City option to exercise one (1), two (2)-year extension period. The annual ann<xunl w be expanded under each Agrecnnent shall not exceed three hundred thousand dollars (5300,000). Actual expenditures each year will vary at the City's discretion and will be dependent on funding availability- The City does not guarantee minimum annual expenditures Wider these Agreements. A. SCOPE OF SERVICES Wori< under this Agreement nray include, bul is not limited to, the Iollowing lasks below. 1) Spill Rcsponsc Contractors shall be capable of perlonning the following tasks: a. Dcploy all necessary personnel, cquipnnCnt, and materials to respond to and rCCove - pollutant discharges from the public right-of-way and City stormdrain system. Discharges may consist of, but arc not limited to: hydrocarbons, inorganic compounds, organic compounds, volatile compounds, biowaste, hazardous materials/waste, sewage, wastewater, sediment. and trash/debris. Contractors shall respond to spills within f-furor of initial request. City Council 26 — 18 6/15/2021 City of Santa Ana ICH 21-004 Page Al-2 b. Deploy containment at various points along the projected navel path of the discharge to protect nearby stonndrain facilities from contamination_ The City will provide a description of the site and dischargc to the best of their ability during the initial rcgnest. c_ Set-up trafficc control per WATCH handbook or at the direction of City staff to safely perfornt spill response services. d. Conduct confined space entry and video camera inspection of stormdrain facilities. e. Perfono pressure washing of the contaminated area, including stonndrain facilities, to the satisfaction of the City. All wastewater generated as a result of pressure washing activities sliall be recovered and not allowed to discharge into the City's swrmdrain system. f Takee discharge samples for laboratory analysis and provide results to the City_ g. Manifest the waste lawfully and efficiently to the satisfaction of the California Department of Toxic Substances Control (T)TS('), the United States Department of TransporIatioil, the Environmental Protection Agency. the EPA-penniued disposal facilities receiving the waste, and any other relevant regulatory agencies_ h. Provide storage, transport, and proper legal disposal of the recovered discharge. i. Provide an incident report with before and aflerpictures within 1-week ofperlorming Spill response services. j. Any other work required to safely, effectively, and lawfully perform spill response services. 2) Hazardous Waste Disposal Contractors shall be capable of per to ming the Ibllowing tasks: a. Perform routine pickups and removal of hazardous waste from the public right-of-way and City Yard (215 S (Venter St). Types of tazardous waste. may iticlude, but arc not limited to: hydrocarbons, inorganic compounds, organic compounds, volatile compounds, pesticides, biowaste, medical waste, c-waste, wastewater, batteries, soiled clothing, propane and gasoline tanks, and tray h/de bri 6. b. Document location, type of hazardous waste rernirved, and send photos to City state: c. Provide storage, transport, and proper legal disposal of recovered hazardous waste. City Council 26 — 19 6/15/2021 City of Santa Ana ICH 21-004 Page Al-3 d. Manifest the waste lawfully and efficiently to the satisfaction of the California Department ol' Toxic Substances Control (DTS(',), the (mired States Department of Transportation, fhc Lnvirunrnclual Prutcctiun APxncy, the CPA-perlltittcd dispusal facilities receiving the waste, and any Other relevant regulatory agencies. e_ Any other work required to safely, etTectively, and lawfully perform hazardous waste disposal services. 3) Stormdrain Facility Maintenance and Cleaning Contractors shall be capable ofperhnnring the firllowing Lasky= a. Deploy all necessary pmornrcl, equipment, and materials to thoroughly clean and remove all trash/debris, vegetation, sediment, and encampments frOm the City's stormdrain system_ Contractors .shall have proper equipment and training to perform cnufiued spare entry and have acres to and be capable of operating a vacuum truck and ht'dro- jetter to perform stormdrain fitcility maintenance and cleaning services. b. Perform thorough inspection and cleaning ofall Municipal catch basins Llu-oughout the City, inspecting all trash capturc device setemS installed within Municipal catch basins. c. Perform thornueh inspection and cleaning of all culverts .Ord open channels throughout the City_ d. Pcrfbnn thorough inspection and cleaning ul' all u-catment control BMP, throughout the City. Contractors shall be familiar with Lhe proper operations and maintenance of various treatment control BMPs including, but not limited to: • Cuntinuuus Detlectivc Separation (CDS) Unit • Bioretentiun Basins • Bioswales/Vegetated Swalcs • Pervious Pavement • DrywelIs • Proprietary BiuLreatment Devices • Underground inliltration Systems • intiltration Basins/Trcnchcs e. Report stormdrain infrastructure data to the City when conducting inspections and/or cleaning, including but not limited to- 0 Date ufinspcction/cleaning City Council 26 — 20 6/15/2021 City of Santa Ana ICH) 21-004 Pagc A1-4 • I,ocalion • Dimensions • Asset identilicalion number • Trash capture device type and condition • Damage (faceplate, prot;etion bar, manhole, interior, inletlautletPipes) • Obstntctions or vcgctation growing • Condition of "Nip Dumping" stencil • Volume of trash, debris, and sediment removed during cleaning • Inlet/outlet pipe diameter and material C Stencil "No Dumping Drains to Occan" on the top of catch basin inlCLs. g. Install and/or repair trash capture devices in Municipal catch basins, including but not limited to: • Connector Pipe Screen (CPS) units • Auto -Retractable Screen (ARS) units • Other deVICCs listed on the State Water Resources Control Board Certified Full Capture List ofTrash Trcatnctit Control Devices: http.J/www_w-atcilurinl._c�J_,rnv/N-ateY�Y .iu�n rrtm;/ f a�mw;:�tcY/doc_a/ Ir lilt Ylnt_rl nY neap Yn/r r Yq_fr rl_L ;alcyu h a_If,l 1,?0.2,1. hill h_ Provide on -call operations, maintenance, and repair services for the City's First Street storrnwatcr lill station, including but not limited to- • Monitoring storm eveuts and petonniug inspections to verity lift station is operational and ready to pump stormwater • Vacuum cleaning lift station wet -well, stormdrain lints, and catch basin inlet~ as -needed • Responding to and resolving urgent issues with the lift station ?4-h0tlr5 a day, 7-days a week • Conducting electrical and mechanical repairs or uoubleshooring as -needed The City will provide hasic training on storm ovater 1{fl station operations. Contractors shall resprurd to lift station issues within 1-hr of initial request. i. PrOCnre and install metal gates within or at the outlet of stormdrain facilities. At a mininnun, metal gates shall: • Prohibit access by the public into storuichrain facilities • llave a tamper -proof locking mechanism for dry -weather conditions • Be capable of opening freely during storm conditions or debris blockage City Council 26 — 21 6/15/2021 City of Santa Ana Ri'1' 21-O04 Page Al-5 Be made of malerial strong enough to withstand potential vandalism The City will provide metal gale desigrt detail for contractors to procure and install. J. Any other work required to safely, effcetivcly, and lawfully perfbntl stonttdrain facility maintenance and cleaning services. 4) hood Control Assistance Contractors shall be capable of performing the hollowing tasks: a. Mobili/e to flooded areas and/or historic problem areas under the direction of the City. Contractors shall revpond to.flooding within 1-hour of initial request. b. Dcploy all necessary personnel, equipment, and mateials to assist with flood control and flooding complaints. The equipmont deployed must have the ability to remove excess water from the public right-of-way and dislodge materials blocking storm flows. c- Open ARS units and slotindraln manhole covers to facilitate faster drainage of flooded areas. d. Rcmove all trash/debits, sediment, and vegetation fi-om ARS units and storin(hain facilities to facilitate faster drainage of flooded areas- c. Provide asset ID number and photos of flooded stonndrain facilities that were responded to within 7-days of the City's request. C Any other work required to salcly, ClIeCtively, and lawfully perloi n flood control assistance services- B. OTHER REQUIREMENTS Cotiaaetormust download and use the City's new asset inanaocnlcnt program (Cimyo'k5) to complete work orders and service requests pertaining to this Swpc of Work. City Staff will provide basic Cilyworks training to contraclors and contactors steal I have (ablets and/or mobile phones to use C'ityworks in the field when completing all service requests and work orders, Unless otherwisc stated by the City - Contractors shall adhere to all requirements of the City's MS4 NPDES Permit while performing services under this contract- Contractors shall immediately notify the City should they become aware ol'any activities or events that may be deemed non-compliant. CityCouncil 26 — 22 6/15/2021 City of Santa Ana Ri'1' 21-004 Pagc AI-6 C. CiTY RESPONSIBILITIES The City will provide information in its possession relevant to the completion of the tasks outlined in this RFP. in general, this includes, but is not limited to: • Furnish scope of wort: and provide general direction as -needed to complete tasks • Furnish documents, data, maps, or other information relevant to the Scope of Service- • Provide access to stonndrain facilities • Facilitate meeting space and coordination at City facil ides D. PREVAILING WAGES These Agreement~ are subject to compliance, monitoiing and enforcement by the State of California Department of industrial Relations. Contractors are required to int'orni themselves tally of tlic Conditions relating to labor tinder which the work will be pertimnicd. In accordance with the California State Labor Code, prevailing wage rates apply per the tollowing link: lit4i://www.dir.ca-gOV/IlLiblic-works/IlLiblicworla.lilini Contractors shall provide certgied puyro11 to the City upon invoicing. The City muy not process invoices.for payment until receipt qJ certified pc{Froll. F. LICENSE REQUIREMENTS The scicetcd Contractors shall at a tninitnutn have a valid Class A General Engineering Contractors' License. The Contractors shall list and provide all required City, County, State and Fcdoral iD Numbers/i.icenseslVamits related to this Contract, including but not limited to: • EPA ldi-ntification Number • EPA Acknowledgement of Notification off lazardous Wasic Activity • Hazardous Material Transportation License • tlazardons Substances Removal & Remedial Actions Certification • California Contractors State License with " 11AL" Designation • California DMV Liccnsc with "H" Designation F. SPECIAL REQUIREMENTS ADDITIONAL WORK Upon rcqucst by the City, Contractors shall submit supplernemal proposals for Additional Work not included in the Scope of Services of this Agreement. Contractors must obtain MIittcn approval prior to conmicncing any Additional Work_ City Council 26 — 23 6/15/2021 City of Santa Ana 1CH) 21-004 Pagc A1-7 FEEPROPOSAL: Fce proposals shall be tiUbfilittCd as a separate attachment in PlanctBids and shall be struetured as follows: The fee proposal shall include a list of all positions, hourly rates, equipment and material costs, and any other costs required to perform the services described in this RFP. At the request of the City, Contractors shall provide a more detailed fee proposal when a specific project proposal in requested of the Contractors. As pant of the fcc. proposal, Conractors shall complete a CONTRACT COMPARTSON FORM, attached as Appendix attachment 4, and include it in the fee proposal attachtncnt in PlanetBids. fi is expressly emphasized Thal Ihis CONTRACT COMPARTSON FORM is not a bill. It is used fur cost -comparison purposes only. The City does not guarantee the quantity ofwork to be petl2mned by the selected Conlraclor- . Contractors shall be paid for the actual services provided according to the proposed hourly rates and unit costs. O'fl IER'I'RRMS AND CON1�1'fIONS: 1. All work shall be implemented in compliance with City of Santa Ana policies, as well as Prevailing Wage law and applicable State and Federal Requirements_ 7. The City reserves the right to amend this Request for Proposal by addendum prior to the final dates of submission. 3. All reports, proposals, or other data or materials which are submiucd shall become the sole property of the City of Santa Ana widr the exception of the. confidential Financial Capacity information and fee proposals. 4. All products used or developed in the execution of any conu-act resulting font this request will remain in the public domain at the completion of this project. 5. The City has an affirmative action program. The purpose of the affirmative action program is to encourage certified minority business enterprises and women business enterprises. All submitting Contractors must have established affirmative action programs approvablc b_y the City_ During the RFP stage, all Contractors will need to cornptete a "Certification of Non -Discrimination by Contractors" for each lirin on their team. City Council 26 — 24 6/15/2021 City of Santa Ana Ri'P 21-004 Page Al-8 Appendix A'1' 1'ACH111EN'1' 2 SAMPLE AGREEMENT CONSULTANT AGREFAllF:NT CITY OF SANTA ANA THIS AGREEMENT is made and cattcrcd into this day of 2021 by and between ("Consultant"), and the Cityof Santa Ana, a chatter city and municipal corporation organized and existing under the Constitution and laws of the Slate of California ("City'). RECITALS A. CAl , 2021, the City issued Request for Proposal No. 21-004, by which it sought a consultant to provide spill response, haY..ardous waste disposal, and stone drain facility maintenance services_ R. Consultant submitted a responsive proposal that was selected by the City. Consultant represents ilia[ it is able and milling to provide the services described in the scope ol'work that was included in RFP No_ 21-004 and addendum thereto. C. In undertaking the performance of this Agreement, Consullant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will he performed in compliance with such standards as may reasonahly be expected from a professional contracting hinn in the field_ NOW THEREFORE, in consideratiotl 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 Consullant shall perl'ornt the services that were described in the scope of work that was included in RFT' No. 21-004, including addendum thereto, and as more specifically delineated in Consultant's proposal, which is attached as Exhibit A — Scope of Services and incorporated in tbll_ 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Exhibit B — Fee Schedule. The total annual sum to be expended tinder the term of this Agreement, iucludiug any extension periods, shall not exceed b300,000. h_ Paymcnt by City shall be made within 45 clays (lorry -live) days following rcecipt of proper invoice evidencing work performed, scibject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. City Council 26 — 25 6/15/2021 City of Santa Ana I FP 21-004 Page A2-1 3, 4,14M This Agreement shall commence on the (late first written above and continue for a three 3 - veru- term. with the option for the City to rant one two (2)-vc111' 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 Consultant is aware of the requticnrents of Califrania Libor C'odc Section 1720, ct seq., and 1770, et seq., as well as California Code. of Regulations, Title 8, Section 1b000, 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. Tf the services being performed arc part of Lill applicable "public works" or "maintenance" pruiject, as defined by the Prevailing Wane Laws, and the total compensation is 51,000 ormore, Consultant agrees to fully comply with such Prevailing Wagc Laws. Consultant shall defend, inde nnit5 and hold the City, its elected officials, Officers, employees and agents free and harmless from an}' claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Taws. 5. INDEPENDENT CON 1'12AC VOli Consultant shall, during the entire tentr ol' 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 profossional manner in which Consultant performs the services which are the subject matter of this Agi-eement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations goventing such services. Consultant shall pay all salaries and wages, employer's social security taxes, ttnernploymcrtt insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates anon -exclusive and perpetual license for City to copy, use, modify, reuse, fir 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 drawing, or data magnetically or othawisc recorded on unuputa diskettes, which arc prepared or caused to be prepared by Consultant Tinder 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 Douunents cot. Data the subcontractor prepares under this Agreement- Consultant represents and warrants that Consultant has tltc legal right to license any and all DOCL1111e1It5 & Data- Consultant makes tro SUCII representation and warranty in regard to DOcntnenl3 & Data which weree provided w 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 arry such rise not within the purposes intended by this Agreement shall be at City's sole risk, City Council 26 — 26 6/15/2021 City of Santa Ana 12FP 21-004 Pagc A2-2 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insttrancc as dcscribcd Mow - Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to Protection against claims arising from bodily and personal injury, including death resulting thcrcli-om and damage to property, resultin' lion an-y act or occunencc arising out of Consultants operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following- singlelimit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount ol' S1,000,000 per occurrence, with S2,000,000 in the aggregate. Such insurance shall (a) name the City, IB officers, employees, agent", and representatives as aciclitional insured(s); (b) be primaryand not conlribtllory Willi respect. to Insurance or self-iii. turtrce programs maintained by the City, and (c) contain standard separation of insureds provisions- b. Business automobile liability insurance, or equivalent firm, with a combined single limit of not Icss than S1,000,000 per occurrence- Such insttrancc shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the T.ahor Code, Consultant, if Consultant has any employees, is required to he insured against liability for worker's compensation or to undertake self-inStuance. Prior to commencing the performance of the work under this Agreement, Consulutnt agrees to obtain and maintain Lilly employer's liability insurance with limits not less than S 1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance. with a combined single limit of not less than $1,000,000 pa -claim with $2,000,000 in the aggregate- C- Thee hollowing requirements apply to the insurance to be provided by Consultant Puu-suant to this section- i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. it. Certificates of insurance shall be Furnished to the City upon execution of this Agreement and shall be approved by the City- iii. Certificates and policies shall state that the policies shall not he canceled for reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv- Consultant shall supply City with a fully executed additional insured cndorscmcnt- City Council 26 — 27 6/15/2021 City of Santa Ana 1UP 21-004 Pagc A2-3 f. if Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refilses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to lorthwith terminate this Agreement. Such termination shall not affect Con.vdlanl's tight to be paid for its time and rnatuials cxpuidal prior to notification of tcrrnination- Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, cniployces, contractors, special counsel, and representatives front liability: (1) for personal injury, damages, just compensation, restiurlion, judicial oregmtable reliel'alising out ol,claiins Rn-personal injury, including death, and claims for property damage, which may arise Boni the negligent operations of lie Consultant, its subcontractors, agents, employees, or other persons acting, on its behalt 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 farm this Agreement- This indemnity and hold harmless agreement applies to all claims for damages, just armpcnsation, restitution, judicial or cquitablc relief suflirral, or alleged to have been suffered, by reason of the events referral to in this Section or by reason of the terms of, or effects, arising from this Agreement. I he Consultant furher agrees to indemnify, hold hnnnless, and pay all costs for the defense ol'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 Ag eenient, or asserting that personal injury, damages,,lust compensation, restitution,judicial orequitablc rclicfduc to personal orproperty rights arises by reason of the terns of, or effects arising troni this Agreement. Citv niay 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 2792-8, the above indemnity shall be limited, to tltc Cxtcnt required by Civil Code Scclion 2782.9, to claims that arise out of, pertain it), or trlate to thc negligence, recklessness, or willful misconduct of the C011sulta114- 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indcnmify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for intFingement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10, RFCORDS Consultant shall keep records and invoices in connection with the work to be perforncd under this Agi-eemeni. Consultant shall niainlain complete and acanalerecotzis Willi respect w the costs incurred wider this Agreement and any services, expenditures, and disbursenietits charged to the City for a niiniintun period of t}trec (3) years, ur tin any longer period rcgttit-ed by law, from the date of final payment to Consultant under this Agreement. All Stich 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 Agreenent during regular business hours. City Council 26 — 28 6/15/2021 City of Santa Ana 1UP 21-004 Pagc A2-4 COnsu113111 shall allow inspection of all work, data, Cloarments, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasnnahly understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such inRnTnation except in dre perRmnauux of this Agrecrtrent, and further agrees to cxcr-cisc the samee degree of caree it uses to protect its own information of likee 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 lbregoing obligations of non-use and rtondiselosurc shall not apply to any intirrmation 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 (c) is independently developed by the COI1SIl1tant w-ithoit refcrerrec to information disclosed by the City. 12. CONFLiCT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any mamicr with perf>rmancc of services. Conflict may be titrthcr speciticd in Fxhibit C - Certifications, attached hereto and incorporated in this Agreement by reference. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creel, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, paining, utilization, promotion, termination or other crnplo}nnent related activities. Consultant affirms that it is an equal npporuuuity employer and shall comply with all applicable Icdcral, state end local laws and rc,"Ldations and as further specified in Exhibit C - Certifications_ attau:hcd hereto and incorporated in this Agreement by retcrence. 14. EXCh11SIVITV AND AMENDMENT This Agreement represents the complete Lind exclusive statcrnent between the. City and Consultant, and supersedes any and all other agreements, oral or Ariticn, between the parties. In the event of a conflict between the teams of this Agreement and any attachments hereto, the terns of this Agreement shall prevail. This Agreement may not be modified except b,y written insu-unuent signed by the City and by an authorized representative ol'Cunsulnun- The parties agree that any terns or conditions of any purchase order or other instminent that Fire inconsisten with, Or in addition to, the terns anti Condition.", hereof, shall not bind or obligate Consultant or the City. Lach party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or City Council 26 — 29 6/15/2021 City of Santa Ana lull' 21-004 Pagc A2-5 otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 15. ASSIGNMENT Inasmuch as this ./�grCenlent is intended to SecurC the Speciali7Cd SCrvicos of Consul[aIt, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, dele«ation or subcontract without the City'S prier written consent shall be considcred null and void- Nothing in this Agreement shall be colrSuucd to lierit the City's ability to have ally of the services which are the subject to this Agreement perforrrted by City personnel or by other consultants retained by City. 16. 'TERMINATION This Agreement maybe 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 ol'such payment, the EXCUILivu 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 fur 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 ol' this Agreement- 17. WAIVER No waiver of breach, I;ailure of any condition, or any right or remedy contained in or granted by theprovisio» is of this Agreement shall he effective unless it is in writing and signed by the parry waiving [he breach, failure, right or rcmcdy. No waiver of any breach, failure or right, or remedy shall be deemed a "diver of any other breach, lailure, right or remedy, whe[lier or not similar, nor shall any waiver constitute I continuing waiver unless the writing so specifies. 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of Calitomia and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shaI I be determined and governed by the laws of the State of California- Roth parties further agree that CA-alge County, California, shall bee the venue. for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agrement- City Council 26 — 30 6/15/2021 City of Santa Ana 1UP 21-004 Pagc A2-6 19. PROFESSIONAL LICENSES (.'onsttltant shall, throughout the tens of this Agreement, maintain all necessary licenses, pennits, approvals, waivers, and exemptions necessary lot the provision of'the services hereunder and required by the laws and rCl;ulatioms ol'thc Unitcd States, the Statc ol'Calilbinia, the City of Santa Ana and all [(her 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 Asreement- 20. MISC6I.I.ANF.OUS PROVISIONS a. Additional provisions, if any, are identified as Additional Provisions, Exhibit D — Additional Provisions, attached hereto and incorporated into this Agreement by reference. No Exhibit D is attached in the absence ofadditional provisions. b. F:ach undersigned represents and warrants that its signature herein below has (he power, authority and tight to bind their respective parties to each of the terms of this Agreement, and shall indemnify Ciry fully, includinn, reasonable costs and artorncy'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. C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set firth in the body of this Agrectnatt. 21. NOTICE Any no(ice, (ender, demand, delivery, or other ConIntl nicatinn 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 tic manner provided in this Scetion, to the following persons: City Council 26 — 31 6/15/2021 City of Santa Ana RFP 21-004 Page A2-7 Io City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 I`ax: (714) 647-6956 Willi courtesy copies to: To t=onsullalllJ Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1999 Santa Ana. CA 92702 Fax:(714-047-5035 Consultant Finn Name Address City, Stale, Zip Attu: First & Last Name 'l itle: A party ma_y change its address by giving notice in writing to the other party. Thereafter, an_y communication shall be addressed and transmitted to the new address. If sent by mail, communication .hall be ettccrive or deemed to have been given three (3) days after it has been deposited in the United Slates mail, duly registered or certified. Willi postage Prepaid, and addressed as set Rn-lh above. If seal by lax, connnttnication shall be ell'ective or deemed to have been given tweet}'-Ibdu- (24) hours alley the tints set forth on the transtnission report issued by the transmitting tacsimilc machine, addressed as sct forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. City Council 26 — 32 6/15/2021 City of Santa Ana 1t1 P 21-004 Pagc A2-8 TN WTTNESS WHEREOF, the parties hereut hive execuLed this AgieemenL die date and year lirst above wi-men. ATTEST DAISY GOMLL Clerk of the Council APPROVED AS TO FORM SONTA R_ CARVAT.TTO CiLy Auomey liy: John M.Funk Assistant City ALtorney RECOMMENDED FOR APPROVAL Nabil Saba, PE EXCCLLLIve Dircelor Public Works Agency CITY OF SANTA ANA KRIS'ftNL RID(iL City Manager CONSULTANT Name: Title - City Council 26 — 33 6/15/2021 City of Santa Ana ICH) 21-O04 Page A2-9 EAIIIRIT A SCOPE OF SERVWES City Council 26 — 34 6/15/2021 City of Santa Aux ICFP 21-004 Pagc A2-10 VXHIRIT R COMPF.NSAHON Fee Proposal including hourly rates (from C011SUILaIlt Proposal) City Council 26 — 35 6/15/2021 City of Santa Ana ICH) 21-004 Page A2-11 EXHIRI'I' C CF.R I'IF [CA (IONS C-1 through C-3 City Council 26 — 36 6/15/2021 City of Santa Ana RFP 21-004 Page A2-12 EXHIBIT D ADDITIONAL PROVISIONS City Council 26 — 37 6/15/2021 City of Santa Aux I&P 20-102 Page A2-13 Appendix ATTACIIMENI' 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS NON-COLLUSTON APPTDAVTT (fide 2; Limed States Code. Section 112 and Public Contract Code Section 7100) fo the CITY OF SANfA ANA DEPARTMENT OF flUBLIC WORKS In accordance with Title 23 Unite States Code Section 112 and Public Contract Code 7100 the BIDDER declares that the bird is not made in the interest of, or on behalf of, arty undisclosed person, partnership, company, association, organiva lion, or corporation; Thal the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to Put in a frlse or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER of- anyone else to put in a sharp bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly fir indirectly, ;ongln by agreement, communication, or conference with anyone TO fix the hid price of the HIDDI-,R or any HI DDFR, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against Lhe public body awarding the contract of anyone inwicsted in the propose contract; that all statements contained in dic bid are trtic; arid, titrther, that the BIDDER has not, directly or indirectly, submitted his or her bid pr'icc or any breakdown thereof, or the contents lhereof, or divulged information or Bala relalive therein, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member of- agent thereof to cftcematc a e>llusivcc or share bid. Note The above Non -collusion Affidavit is part of the Proposal_ Siding this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. RTTIDF.RS are cautioned that making a take certification may subject the certifier to criminal prosecution. Signed Slate of Calilornia County of Subscribed and sworn W (or affirmed) bclurc me on this day of , 20�, by , proved to me on the basis of satisfactory evidence to be the pcison(s) who appeared before pie. Notary Public Signature Notary Public Seal City Council 26 — 38 6/15/2021 City of Santa Ana RFP 21-004 Page A3-1 Appendix A7"I'ACIIML',N'1' 3-2: NON -LOBBYING ('ER'1'11 IC'A'I'ION CERTIFICATIONS The prospective. parlicipatn cerlifics, by gigging and subtnittin_u [Iris bid or proposal, to the best of his or her knowledge and belief, that: I . No federal appropriated funds have been paid or wi II be paid, by or on behaI f ol'lhe undetsi�ged, to any person litr ill lluatcin" or attempting to inlluatec an officer or nnploycc ofany federal agency, a Member of C'ongtess, an officer or cmploycc of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making ofany federal grant, the malting of any tederal loan, the entering into of any cooperativec agtumcm, and the cx[ension, continuation, icn ewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. It any funds other than federal appropriated funds have been paid or will be paid tit any Pei -soil for intluencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or atoperative. agrocment, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction wag made or entered into_ Submission of this cern Gcation is a prerequisite for making or entering into this transaction imposed b_y Section 1352. Title 31, U. S. Coda Any person Who fails to file fttc required certification shall be subject to a civil penalty of not less than $10,000 and not more than S100.000 for each such to Ilul-c_ The prospective participant also agyees by submitting his or her bid or proposal that he or she shall regtute that the language of this certification be included in all lower tier subcontracts, which exceed S t 00,000 and that all such sub rceipipvs shall certify and disclose accordingly. Firm Signed and Printed Name. Title Date. City Council 26 — 39 6/15/2021 City of Santa Ana RIP 21-004 Yagc A3-2 Appendix A'VFACIIMENI' 3-3c NON-DISCRIMINATION CER'I'IFICA'1'ION CERTIFICATIONS The undersigned consultant or corporate officer, during the perlirrntance of this contract, certilies as follows: 1. the Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall talc affirmative action to ensure that applicants are employed, and that employees are treated durin.0 errrployrncrtt without, regard to their race, color, religion, sex, or national origin. Such aaion shall include, but not be limited to. the following: employment, upgrading, demotion, or transfer; recruitment or recnlitmatt advertising; layoff or ternrination; rates of pay or other forms nfcompenation; and selection for training, including apprenticeship_ The Consultant agrees to post in conspicuous places, available to employees and applicants Ibr crnploylnatl, notices to be provided setting truth the provisionN of this nondiscrimination clause. ? The Consultant shall, in all solicitations or advertisements for employees placed by or nn behalf of the COnStlhant, state that all qualified applicants will receive consideration for crnploynrent without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's comnlitntents under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment_ 4. The Consultant shall comply with all provisions ul' EXCCttllVe Order 11246 oh Septetber 24, 1465, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all inRmnalion and reports required by Executive Order 11240 of September 24, 1965, and by riles, regulations, and orders of the Secretary of Labor, or pill-suant thereto, and will permit access to his/her books, records, and accounts by the adntinistcring agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. 11) the event of the C.onstdtant's non-compliance with the nondiscrimination clauses of this contract or with an_v of the said rules, regulations, or orders, the contract may be canceled, termivated, or suspended in whole or in pat-( and the Consultant may be declared ineligible for htrther Govcl'nment contracts or federally assisted eonslruction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and rcrtrcdics invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of I abor, or as otherwise provided by law. T The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted City Council 26 - 40 6/15/2021 City of Santa Ana RIP 21-004 Pa-c A3-3 by rules, regulations ororders ol'the SecrelaryoI'I -abor issued pursuant to Section 204 ol'kxeculive Order 11246 or September 24, 1965, so that such provisions will lie binding upon each subcontract or purchase order as the administering agency may direct as means of cntbrcing such provisions, including sanctions for noncompliance; provided, however, that in the evrnt the Consuhant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests orthe United states. Pursuant to California I .abor Code Section 1735, as added by Chapter 643 Stets. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or scx of such persons, except as ptovidcd in Section 1420, and any consultant or public works violating this Section is subject to all the penalties imposed for a violation of the. Chapter. Sighed: Title: Finn: Date: City Council 26 — 41 6/15/2021 Citv of Santa Ana RIP 21-004 Yagc A3-4 Appendix ATTACHMENT 4 CONTRACT COMPARISON FORM RFP NO. 21-004 SPILL RESPONSE, HAZARDOUS WASTE DISPOSAL, AND STORM DRAIN FACILITY MAINTENANCE SERVICES Proposers shall complete this form and include it as part of the fee proposal. This forin will be used for fee comparison purposes only. LABOR RATES OF CONTRACTOR PERSONNEL= Classification Hourl y Rates Straight Time Over -Time Premium Time Project Manager Su ercisor Chemist/Industrial H gicuist Lead Tcellnlclan Lui mentManager echnician All personnel shall have a minimum of 40 hours 11AL-W(.)PER training as specified b_y 29 CFR 1910-12t1_ NOTE: Straight Time: Monday through Friday. fhom 7: 00 om to 4: 00 Inn. Over time: Moncfat> through Fi iclgv. bgoi e 7: 00 am and after 4: 00 pm, anti a// clay Saturday. Premium Tinw.- ,Sundays, Ciry Hnlidavc and ajrer /2 hour, of work_ City Council 26 — 42 6/15/2021 City of Santa Ana IM' 21-004 Page A4-1 MAYOR Vicente Sarmiento MAYOR PRO I I=M David Pei)aloza COUNCILMEMBEHS Phil Dacerra Johnathan Hyan I Arnandez Jessie Lopez Nelda Mend07a Thai Viet Phan CITY OF SANTA ANA PUBLIC WORKS AGENCY 20 Civic Center Plaza . M-22 Santa Ana, California 927(12 w santa-ana.oro (714) 647-5074 March 15, 2021 "A 13 01►`111iLR 11oflow CITY MANAGER Kristine Ridgc Cl I Y Al I OHNEY Sonia R. Carvalho CLERK OF THE COUNCIL Daisy Gomez SURJF'CT: ILF'P 21-004 SPILL RESPONSE'., HAZARDOUS WAS] V DISPOSAL, AND STORM DRAIN f ACILITY MAINTENANCE SERVICES The following modifications havebcat madeto Roqucst too- Proposals No.21-004: 1. R.1 P 21-004 Cover Page Modification • Addition ofa pre -proposal meeting and changed keN' RFP dates 2. RFP 21-004 Page 6 Modifications • (_hanged Seclion H to inchldc dc.ctiplion of the prc-proposal nuecling, u) 6c held at LOOprn on Monday, March 22. 2021 at 20 Civic Ccntcr P1z, Santa Ana, CA 92701 • Addition of Addendum No. I Attachment I (pre -proposal meeting map) 3. RFP 21-004 Atutchmew 1 —Scope of Work Modiliauions Changed annual Agreement expenditure amount to not to exceed S350,000 on Page AI-2 Changed Section h on Page A I-5 to modify :tormwater lift station operations, maintenance, and ropairscrviccsdc criplionandincludeAddcndumNo. I Auachtncol2(IIf1,talioo.aoperalinnsand mainlcnancc documcolt) 4. RFP 21-1t04 Attachment 2 —Sample A;,n•eement Modification Changed Section ^_ annnal Agrocmont expondintre amount to oor to exceed $350,000 ENCLOSURES- RFI' 21-004 Cover Page RFP 21-004 Pago 6 Addcn(lllm No. I Attachment I RFP 21-004 Al lachmenl 1 —'Scope of Wo1Ic Addendum No. I Attachment 2 RFP 21-004 Attachment 2—Sample Agreement City Council MnVcr Maw',r rro lent Waml r mP� ti..nat n I: nflo�sRJm SANTA ANA CITY ZO- NC43 6/15/2021 Ti—: \/:.� 1 F,—, 1 — I., P I'— A .. R,.. H.:..... �.nl. i M1 1...1. Mr. L,.n W.vt11 Wsa1 lVaM4 Wants IV,r[I f, of anfit�nG:e rsd, dL� and ad0.av elate ALL OTHER ITEMS Rr:MAIN FOR'llIE CITY OF SAN"TA ANA !��R� Zth Nabd Saba, PT Executive Director Public Works Agency City Council SANTAANACITY 5�6JNC�4 6/15/2021 vken�o, Sirmmnm U."l .11 Thni vlm w vt. Ry. n ......fez 11,dl MSOpOYS Mayer Mayof Pro TSm WM2 W&W1 wflrn3 wz"1n W&o5 -Xr b : .. $ ^h v^ Pt Oy�OS iI [t jOl� Ui nPRS S�• n.�oly Af, IW-1 6tn� IP;J�,�QSfl G9 GUfJJPatlP�CAaI d.UfFJ ,fglppCff AlgLk `Q}aAf LC.l Lt J)f41 :1["U'J1 ADDENDUM NO. I REQUEST FOR PROPOSALS (RFP) FOR SPILL RESPONSE, HAZARDOUS WASTE DISPOSAL, AND STORM DRAIN FACILITY MAINTENANCE SERVICES RFP NO.: 21-004 CITY OF SANTA ANA Public Works Agency 20 Civic Center Plz (M-22) Santa Ana, CA 92701 Project Manager Craig Foster, CPSWQ, QSD/P NPDES Manager (714)647-5659 cfoster rr anta-ana.org for Release: KEY RFP DATES Subiect to change at discretion of City): Issue Date: Letter of Intent: Pre -Proposal Meeting Deadline for Requests for Information_ Proposal Due Date: Anticipated Award Date: 3 a Nabil Saba, PE - Executive Director Public Works Agency Thursday March 4, 2021 Thursday March 11, 2021 Monday March 22, 2021 at 1:00pm Thursday March 25, 2021 April 1, 2021 at 4:00 p.m. Tuesday June 15, 2021 City Council 26 — 45 6/15/2021 ADDENDUM NO. 1 C. RF.QUF:SI' FOR INFORMATION OR (TARIFICAI ION All questions or requested clarifications shall be made only in writing in the Q&A section located in PlanetBids prior to the deadline forRcclucsts for Tnfornration outlined on the eover page of this RFP. No verbal requests will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP. 1). ADDFNUA Any significant changes in the RFP from the date of release to the dale of subtnidal will result in an addendum or anrendntent. As set torth ill the Notice Inviting Proposals, notification of such addendum or, amendment shall be posted on Planetllids at hYffasJ/wwev_phntnibids_c',rtimlputal/porTafc:fnr�!'onnprnyTT)-="?ill"17 Addenda shall become part of the agreement dOL'LnnlelntS E. LICENSES & PERMITS The selected prnposcs shall be required to obtain a City of Santa Ana Tlusiness license within ten (10) business days of selection and Hoist provide it copy to the City', project manager or designee prior to commencing any work in Sancta Ana. Additionally, Proposers will lie responsible for obtaining any licenses/permits required by I he Scope of Work. F. INSURANCE The Selected Proposers shall provide the required evidence of insurauce coverage as set forth in the Scope of Work within ten (10) business days alter receipt of notice that the contract has been awarded- Failure to provide the required insurance certificates shall be Caine for the annulment of the award and the forleittu-a of the proposal nuaranLy. The City will provide the Selected Proposers with a "New Vendor Checklist", which outlines insurance requirements. C1- PAYMENT INFORMATION PACKET The selected proposers shall return a completed payment infbrrnation packet within tell (10) business days alter the SIrCCCSsful proposer has received notice that the contract has been awarded. H. PRF: PROI'OSAI,MFFIINC A pre -proposal meeting is scheduled at 1:00pnt on Monday, Mauch 22, 2021 at 20 Civic Center Piz, Santa Ana, CA 92701. Proposers will be required to pay any parking fees. The purpose of the meeting is to introduce proposers to the City's three slormwater lift stations (Civic ('enter (2) and First Street). The meeting will shin at the Civic Center lift stations and then proceed to the First Strect lift station. On -call operations and maintenance services tor these lift stations arc included as part of the scope of work under this P.PP. It is therefore highly recommended City Council 26 — 46 6/15/2021 City of Santa Ana Rhl' 21-004 Page 6 ADDENDUM NO. 1 that the Proposer's key team members and electricians attend this meeting_ A pre - proposal meeting map is includcd as Attachment I to this Addcuduni. City Council 26 — 47 6/15/2021 City of Santa Aux ICFP 21-004 Pxgc 6 ADDENDUM NO. 1 • Location • Dimensions • Asset idenlilicalion number • Trash caputre device type and condition • Damage (face plate, protection bar, manhole, interior, inlet/autlet Pipes) • Obstructions or vegetation growing • Condition of "No Dumping" stencil • Vohrme of trash, debris, and sediment removed during cleaning • Infer/outlet pipe diameter and material C Stencil "No Dumping Drains to Ocean" on the top of catch basin inlets. g. Install and/or repair trash capture devices in Municipal catch basins, including but not limited to: • Connector Pipe Screen (CPS) units • Auto-Rcu-aetablc Scrccn (ARS) units • Other Llcviccs listed on the State Water Resources Conuol Board Certified Full Capture. List of Trash Treatment Concrol Devices: hfflr. //wwry w rtcr)y r inl. czl,,,,nv/ tf5r_r sucti/_irr r,rrtrm;/ f r mw;;lTcr/aloc_p/ If 1+h ❑Ylt71r IYIi Yltahi)n/r r Ilit rl t� �rleVH r h ;( I Irt b rt) I hilt h- Provide on -call operations, maintenance, and repair services for the City's First Street stonnwater li Il station ( I ) and Civic Center stun»water It R stations (2), including but not limited to: • Conducting routine and pre -Sturm inspections to verify all lift stations are functioning properly and ready to pump stormwater • Monitoring weather lorecasts and petlbnning inspection~ during rain events to verify all lift stations are operational and there is no flooding in areas served by the lift stations • Routine exercising of all lift station pumps • Routine testing of al lift station alarms • Notifying the (-'try of any lift station issues within I -day of discovery • Providing written inspection reports and photos Ibr all lilt station inspections • Vacuum Cleaning lilt station wet -wells, storrndrain lines, Lind catch haslir inlets to remove all trash, debris, and solids as -needed • Monitoring SCAIM system, and responding to alerts or errors as -needed Ccmu-actors will have access to lift station SCADA systems via mobile device hot -spots • Responding to and resolving urgem issues with the lilt stations 24-hours a City Council 26 — 49 6/15/2021 City of Santa Ana ICH) 21-004 Page Al-5 ADDENDUM NO. 1 day, 7-stays a week • Conducting electrical Lind mechanical repairs 01- iroubleshooiing as -needed Contractors are required to have an electrician on their temn or as it subcontractor to provide lift station services. Lift station.e operations and maintenance documents are included as Attachment 2 to this Addendum. The City will provide basic training and additional documentation to the selected proposers on starrnwater lift station operations. Contractors shall respond to /iftstadon issues within 1-hour of initial request or it otifcation. The Civic Center lift stations (2) are managed bV parks, Recreation, and Communit Y Serviees Agene staff The h'irstStreetlift station (1) is managed by public Works Agency stuff. The selected proposers shall provide separate invoicing_Ibr work tit each lift station. City Council 26 — 50 6/15/2021 City of Santa Aux ICH 21-004 Pxgc At-5 ADDENDUM NO. 1 • Pervious Pavement • Drywells • Proprietary Biotreatment Devices • Underground Infiltration Systems The City desires Lu retain two Contractors to perform spill response, hazardous waste disposal, and stormdi:nin tneility maintenance services to assist with NPI)FS Permit compliance and maintain water quality standards. Professional services Agreements will be entered into with the selected Contractors and the selected Cunu-atCWrs will be requested to perlbnm these services on an as -❑ceded basis under the direction of the Public Works Agency. All work shall be done in accordance with the most recently adopted Noah Orange County MS4 Permit and any other applicable local, slate, and federal laws - The selected Contactors Shall utilize in-house stall and/or Subcontractors to complete assignments to meet the City's standards. For specialized work, for which the selected Contractors require a subcontractor, the selected Contractors shall serve as an administrative liaison between the City and the Subcontractors - Murk -ups for suhcontractor work shall not exceed ten liereent t 10%l. The selected Contractors must have the expertise, experience, and demonstrated resuurccs available to perform the work described in the Scope of Services below. The City desires to enter, into Agreements with the two lop -ranking Contractors for an initial three (3)-Year term, with a City option to exercise one (1), two (2)-Year extension period. The annual anxxunt w be expended under each Agreement shall not exceed three hundred and fifty thousand dollars (5350,000). Acwal expenditures each year will varyal the City',, discretion and will be dependent on funding availability- The City does not guarantee minimum annual expenditures tinder these Agreements. A. SCOPE OF SERVICES Wori< under this Agreement may include, but is not Iinriied to, the Hollowing Ixtsl<s below. 1) Spill Response Contractors shall be capable ofperfurrning the following tasks: a. Deploy all necessary personnel, equipment, and materials to respond to and reCOVCr pollutant discharges from the public right-of-way and City stormdrain system. Discharges may consist of, but arc nut limited to: hydrocarbons, inorganic compounds, organic compounds, volatile compounds, biowaste, hazardous materials/waste, sewage, wastewater, sediment. and trash/debris. Contractors shall respond to spills within f-furor of initial request City Council 26 — 51 6/15/2021 City of Santa Ana ICH) 21-004 Pagc Al-2 ADDENDUM NO.1 ATTACHMENT 2 CITY OF SANTA ANA STORMWAI'ER LIFT STATIONS SAMA ANA LIFT STATION: The Santa Ana lift station has the following equipment; 1. One ontobcrverticaI turbine pump including 60 hp motor, oil Inbrieatcd vertical shaft bearings and lubricated oil taut:. 2. Two numbers submersible 20 hp pump and motor, 3. One numberclectronic Icvcl sensor. 4. One numlicr ultrasound level sensor. 5_ One 60 hp Variable Frequency Drive. i - Two 20 hp Variable Frequency Drive. 7. One 800 Amp. I ransfcr Switch. S. One 300 Amp. Panel Board. 9_ One 2SKVA 490 to 240/120 Transformer_ 10.One C_'onlrol Panel including Modicon M340 CPU, Digital input module, Digital output module, Analog input, Analog output, 11M1 and Power backup package. 11. Hirce number, check valves and one number gate valve. 12. One half hp sump pump. 13. One exhaust fan conitrolled by the controler. 14_ SCADA system including dedicated computer and software. For more detail please refer to attached drawings. Operation: flit pumps arc sct to be called as tot low; 1. 'I'hc two 20hp pinups arc working as lead and lag, the 60hp pump is the backup puntP. 2_ Once the level gets to 45" the lead PUMP steal I be called at the hi speed and once the level gets to 43" the pump shall run on the required speed for keeping the level at 43", the minimum speed set Such aS the pu1111) shall pump at the tninitnutn allowable flow and the pump Shall stop at 30" level. 3. The lag pump shall be called at the following conditions: 1. The lead pump called but not running. 2. The level gets to 50". City Council 26 — 52 6/15/2021 ADDENDUM NO.1 ATTACHMENT 2 4. The lag ptunp shall be stopped once the level reach to 40". 5- The Backup Pump (Pumpl , 60hp) shall Stan once the level is 50"- 6- The Backup Pump shall stop once the level is at 30"- Required Maintenance: 1. Checking the level of the solids at main manhole and wet well after each rain or monthly. 2- Checking, cleaning and calibrating the level sensor after each solid removal or as needed- 3. Checking the oil level at the pump 1 tank weekly and alter each rain. 4. Checking the check valves operation cvery 3 months and each rain. 5_ Chccking the performance of the pump. The historian at HMT and SCADA program shall provide required information- 6. Checking mechanical seal for pump 2 and 3, the IIMI and SCADA shall provide the required information. 7. Controlling the exhaust Tan pertornicuiec. S. Exercising G-ansfer switch every year. 9- Dusting and cleaning panels as required- 10. I,ubricaling the molor's bearing Iorpump 1, every year. IL Checking the T'T,(' program and performance every year- 12. Checking and changing the backup batteries at UPS and PLC. As needed. 13. Checking the comtnunication of the station kith SCADA system. FLOWEk STATION: The Plower- station is vary similar to the Santa Ana station "ith the Billowing changes: 1. No Vertical turbine pumps. 2. Manual transfer switch is 200 Amp. City Council 26 — 53 6/15/2021 ADDENDUM NO.1 ATTACHMENT 2 2. Panel Board is 200 Amp. 3_ There are Iwo 15 hp VFDs_ q_ The submersible pumps are 15hp_ 5. Please refer to the Flower Station drawing. Maintenance Shall be the same as the Santa Ana Station. FIRST STREET LIFT STATION: The First Surect Lill station is similar to tl)c Flower Lill station will) the following changes: 1. The submersible pumps are 15hp. 2. The power is 240V, 3ph, 3-wire. Maintenance shall be the same as the Santa Ana Station. NOTICE AND WARNING: 1. Only qualified tCC11111C1amS which arc familiar Willi purnpS and electrical can per- form the work. 2. For salty and warning notices please refer to each equipment's Operating and Maintcnancc Manuals. 3_ Do not enter the liacility without proper safety gears and bacluap personnel_ City Council 26 — 54 6/15/2021 ADDENDUM NO. 1 Appendix A'1" 1'ACHN1ENT 2 SAMPLE AGREEMENT CONSULTANT AGREENIFAT CITV OF SANTA ANA THIS AGREEMENT is made and entered into this day of 2021 by and between ("Consultant'), and the Cityof Santa Ant, a charler city anti municipal corporation organized and existing under the Consliwlion and laws of the Slate of California ("City ) RECITALS A. CAt , 2021, the City issued TZequest for Proposal No- 21-004, by which it sought a consultant to provide spill response, hazardous waste disposal, and storm drain facility maintenance services. B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents Thal it is able and willing to provide the services described in the scope ol'work that was included in RFP No_ 21-004 and addendum thereto. C. In undertaking the performance of this Agreement, Cottsuhant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will he performed in compliance with such standards as may reasonably be expected from a professional contracting Finn in the field_ NOW THEREFORE, in consideration of the mutual and respective promises, and subject tit the terms and conditions hereinafter set forth, the parries agree as follows: 1. SCOPE OF SERVICES C'onsuhani shall perlornt the services that were described in the scope of work that was included in RFP No. 21-004, including addendum thereto, and as more specifically delineated in Consultant's prnpnsal, which is attached as Exhibit A — Scope of Services and incorporated in toll. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services under this Agreement, the rates and char,es identified in Exhibit B — Fee Schedule. The total annual sum to be expended under the term of this Agreement, including any extension periods, shall not exceed 5350,000. b_ Paymcnt by City shall be made within 45 clays (furry -live) days Iollowin., rcecipt of propc- invoice evidencing Nork performed, sribject to City accounting procedures. Paymcnt need not be magic for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. City Council 26 — 55 6/15/2021 City of Santa Ana Rif' 20-102 Pagc A2-1 AGREEMENT TO PROVIDE SPILL RESPONSE, HAZARDOUS WASTE DISPOSAL, AND STORM DRAIN FACILITY' MAINTENANCESERVICES TIIIS AGRI+MFNT is made and entered into this 15"' clay of June, 2021 by and between Occan Blue Flivironmenlal Services, Inc. ("Consultant"), and the City of Sanla Ana, a charter city and municipal an-poration organized and existing tinder the Constitution and Taws of the State of California ("City"). RECITALS A. On March 4, 2021, the City issued Request for Proposal No. 21-004, by which it sought qualified consultants to provide spill response, hazardous waste disposal, and storm drain facility maintcnattce set -vices for the Cit_y's Public Works Agency. R. Consttllanl submitted a responsive proposal that was anxnn4 Ihose selected by the City. C'onsullant represents that it is able and willing to provide file scrviccs described in the scope of work that was included in RIP No. 21-004. t:. In undertaking the performance of this Agreement. Consultant represents that it is knowledgeable in its field and that any sevices pa-formcd by Consultant underthis Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting lirtn in the field. NOW 'I H F1kEF'OIiF, in consideration of the mutual and respective pronnises, and subject to the teens and conditions hereinafter set forth, the parties agree as follows- 1. SCOPE OF SERVICES Consultant shall perform the services described in the scope of work that was included in RFP No. 21-004, which is attached as Exhibit A, and as more specifically delineated in Consultant's proposal, which is attached as Exhibit B and incorporated in full. 2. COMPENSATION a. City agrous to pay, and Consultant a Tccs to accept as wutl payment for its scrviccs provided under RPP No. 21-004, the races and charges idencitied in Lxhibit C. The total aturual amount to be expended under this Agreement shall not exceed `F:350,000 during the terns of this Agreement, including any extension periods. b. Payment by City shall be nnade within forty-five (45) clays follo"ing receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. City Council 26 — 56 6/15/2021 Pagc 1 of8 3. TERM. This Agrectnau shall commerce on the date first written above and terminate on June 14, 7074, unless terminated earlier in accordance with Section 17, below. l'hc term ofthis Agreement may be extended for one 2-year period upon a wriling execuled by the City Manager and Oily Anoroey. 4. PREVAILINC: WAC:ES Consultant is aware of the requirements of California Labor Code Section 1720, et seq_, and 1770, ct scq_, as well as Califomia Cock of Regulations, Title 8, Suction 16000, et scq_, ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services Living performed arc part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the Cowl compensation is $1,000 or more, Consullanl agrees to fully comply with such Prevailing Wagc Laws. Consultant shall dccnd, indenmify and hold the City, its elected officials, otticors, employees and agents free and harmless Hiatt any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Consultant shall, during tic cutire term of this Agrecrncut, be Construed to be au independent contractor and not an employee ofthe City. 'this Agrccnnent is not intended nor shall it be construed to create an employer -employee relationship, a joint venutre relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant potions true services which arc the ;ul)icct matter of this Agrccmcnt however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards aid regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unennploynnent insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes_ 6. OWNERSHIP OF MATERIALS Thin Agreement creates a non-excusive and perpelual license lie City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intcllecural property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or other mse recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agrecnnent (::Documents & Data"). Consultant Shall require all SUbco113nha11l3 to agree in writing that City is granted a 11011-CAC1n31vC. and perpetual license for au_y Documents & Data the subconsuhant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all DgCumennt5 & Dala. Consultant maker no such represemation 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 Agrccmcnt shall be at City's sole risk. City Council 26 — 57 6/15/2021 Pagc 2 o I' 8 7. INSURANCE Prior to undertaking performance of work under this Ag eenett, Consultant shall maintain and shall require its subcousultants, it any, to obtain and inaintain insurance as described below: a- Commercial General Liability Tnsuranc.e. Consultant shall maintain commercial gcncral liability insurance naming. the City, its otficcrs, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or oCcun-cncc arising out of Consultauu's operations in the perforntancc of this Agreement, including, without limitation, acts involving vehicle;. The amounts of insurance shall be not less than the tollowing: singlc limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of'$1,000,000 per occurrence, with $2,000,000 in the aggregate. Such instu-anec shall (a) name the City, its officers, employees, agents, volunteer", and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the Ciry; and (c) contain standard separation of insureds provisions. b- Bwdness automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 Per oceuureneC- Suclr insurance shall includC coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance In accordance with the California Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability li>r worker's compensation or to undertake self-insurance. Prior to ecnnnrencing the performance of the work under this Agrccmcnt, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than x1,000,000 per accident. d. UConsultant is or employs a licensed prol'cssional such as an architect or engineer - Professional liability (errors and omissions) insurance, with a combined single limit of not Ices than S1,000.000 per cInfill with $2,000.000 in the aggregate. e- The Hollowing requirements apply to the insurance it) be provided by Consultant pur3uant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of instn-anec shall be famished to the City upon Cxccution of this Agreement and shall be approval by the City. (iii) Certificates and politics shall slate that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by Consultant, willhout thirty (30) days prior written notice to the City. (iv) Consultant shall supply City with a fully executed additional insured endorsencnt. City Council 26 — 58 6/15/2021 Pagc3 ol'S I- If COnsttltanl fails or reluses to produce or maintain the insurance required by this section or Iails or refuses to furnish the City with required proof that insurancc has been procured and is in force and paid tor, the City steal I have the right, at the City's election, to lorlhwilh lerminale this Agreement. Such lermination shall nol allert Consultant's right to be paid fin- its time and materials expended prier to noti lication of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. 1NDEMNIFICA HON Consultant agrees to defend, and shall indemnity and hold harmless the City, its officers, agents, employees, Consultants, special counsel, and representatives tiom liability: (I ) for personal injury, damages,just compensalion, restiurtion, judicial or equitable relied arising oul ofclaims fur personal injury, including death, and claims lirr property damage, which may arise liom the negligent Operations of the Consultant or its subconsultants, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or cquitablc relief is due by reason of thee tenors of or effects arising from this Agreement- This indemnity and hind harmless agreement applies to all claims for dawagcs, just cornpcnsatiun, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events refcn'cd to in this Suction Or by reason of the terms ot, or effects, arising from this Agreement The Consultant lurlher agn-ees to indemnil'y, hold harniless, and pay all costs I'or the defense of the City, including fees and costs Ior special Counsel to be selected by the City, regarding any action by it third party challenging the validity of this Agreement, or asserting that personal injury, damages, just eonrpcnsation, restinttiott, judicial or cquitablc 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- Nolwithstanding the lorcgoing, to the. CXICnt Consultant's services arc subicct to Civil Code. Section 2782.8, the above indemnity shall be limited, 10 the CXICm rcquircd b-y Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willfill misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICA'I ION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, represenrrtives, and employees aVainst any and all liability, including costs, and attnrney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultatn to the City pursuant to lhis A_grecsttcnt- 10. RECORDS Consultant shall keep records and invoices in connection with the work to be perlonmed under this Ag,recmcnt. Consultant shall maintain complete arld accuratc rccords with respect to the costa incurred underthis Aercemcnt and any services, expenditures, and disbursements charged to City Council 26 — 59 6/15/2021 Pagc 4 of 8 the City for a minimum period of three (3) years, or for any lonucr pa-iod required by law, fi-onn the due of final pa-ytnenl to Consultant under this Agreement- All such records and invoices shall be clearly ide tilinble. Consultant shall allow a represeitative 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 float the date of final payment to Consultant under this Agrccnrcrrt. 11. CONFIDENTIALITY Tf Consultant receives from the City information which due to the nature of such infotntation is reasonably understood to be confidential and/or proprietary, Consulant 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 hnRnrnnation" shall include all nonpublic information. Confidential infirrnnatiun includes not only "titre, information, bill also intormatiim transferred orally, visually, clecuonically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the outer part-v is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has bean disclosed in publicly available sotu-ecs; (b) is, tlu-ough no fault of the Consrdtull disclosed in a publicly available sotu-cc; (e) is in rightful possession of the C0113uhar1l without an obligation of confidentiality: (d) is required to be disclosed by operation of law; or (c) is independently developed by the Consultant without reference to information disclosed by the City. 12. CON FOFI OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing, and shall be deemed to be properly given if delivered in petsnn or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: (714) 647-6956 City Council 26 — 60 6/15/2021 Pagc 5 ul'8 FVCCLLtivc Director Pmbhe Works Agency City ol' Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 To Consultant: Occan Bluc Environnicntal Services, Inc. Attn: Chris Anguiano 925 West F,sther St Long Rcach, CA 90913 Fax: (562) 624-4127 A party may change its addres3 by giving notice in writing to the other party. 'I'hercafter, any communication shall be addressed and u-ansniitted 10 the new address. 11'sent by mail, coninuuiication shall be cl'lcclive 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 untefrantes, weekends, federal, state, County or City holidays shall be CXChlded- 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant r, gaoling the subject inaticr herein, and supa-scdcs any and all other agrcctncrtts, urnl or written, bet-ween 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 all authorized representative of Consultant. The parties agrec that any tams or conditions of an_v purchase order or other instrumem that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. liach party to this Agreement acknowledges that no representations. inducements, promises or agreements, oral ly or otherwise, have been made by any party, or anyone acting on behal f of ally party, which are not embodied herein. 15. ASSIGNMENT hursnnich as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transtcr, delegate, or subconu-act any intca-cst hC7eiir without tlrc 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 Lilly of the services which are the Subject to this Agreement performed by City personnel or by other Consultants retained by City. City Council 26 — 61 6/15/2021 Pagc 6 ul'8 16. WAIVER No waiver ol'breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agcement shaI I 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 waivcr constinttc a continuing waiver unless the writing so specitics- 17. TERMINATION This Agrccmcnt may be terminated by the City upon thirty (30) days written notice of tennination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all scrviccs performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition ol'such payment, the EXCCutivc Director may require COrrStdtant nr deliver to the City all work product completed as of such date, and in such ease such work product shall be the property of the City unless prohibited by law, and ('onsultai t consents to the C'ity'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 pertormancc specified in the Recitals of this Agrccmcnt. Is. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or Odle cmployrmcm related activities or in connection with any activities under tilt, Agrccmcnt. Consultant affirms that it is all equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION -VENUE This Agrccmcnt 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- Roth parties further avree that Orange County, Cali li» iiia, shall be the, venue for any action or procecdinu drat may be brought or arise out of- in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Consultant shall, throughout the tern ol'this Agreement, maintain all necessary licenses, permits, approvals, waives, and cxcrmptions necessary tiff dic provision of ilic scrviccs licicundc and required by the laws and regulations of the United States, the State of California, the City of City Council 26 — 62 6/15/2021 Pagc 7 of* 8 Santa Ana and all other governmental agencies- Consultant shall notify the City inurrediatcly and in writing of its inability to obtain or maintain such pennits, licenses, approvals, waiver, and Cxcmptions. Said inability shall be Cause for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS Lt. Each unda-sip.ncd rCpr"Cnts and warrants that its signatory herein below has the powm authority and right to bind their respective parties to each of dic terms of this Agreement, and shall indenmify 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 retcrenced herein and attached hereto shall be incorporated as it tilll-y set forrh in the body of this Agreement. IN WITNLSS WHL'RLOF, the parties hereto have executed this Agreement the date and year fast above written. ATTEST: DAISY 60MF/ Clerk of the Council APPROVED AS TO FORM St)NTA R- C'ARVALTTO City Attorney !� T� Iiy: ....................... 1 rhn M.1-wik Sr. Assistant City Altomcy RFCOMVIFNDF.D FOR APPROVAL NABIt SARA, PI'. Executive Director Public Works Agency CITY OF SANTA ANA KRIS I IN I?IDOF. City Manager CONSULTANT Name: JUSTIN T.F.F. TitIc_ GENERAL MANAGER City Council 26 — 63 Pagc 8 ol'8 6/15/2021 Appendix ATTACHMENT 1 SCOPF Or WORK «►rrwnaM4 .rKI"... REQUEST FOR PROPOSALS SPILL RESPONSE, HAZARDOUS WASTE DISPOSAL, AND STORM DRAIN FACILITV MAINTENANCE SERVICES RFP NO. 21-004 INTRODUCTION/BACKGROUND The City of Santa Ana is 27.2 square miles and is located in central (.)range County, California. Santa Ana is the most densely Populated city in the county, with a total population of 338,247 and approximately 12,435 people per square mile. Scrota Ana sits N ithin three major watersheds: the Newport Bay watershed, the Santa Anal River watershed, and the Anaheim Bay/Hurl ingturt Harbour watershed. The City ol'Santa Ana is a co-pcnniuce under the North Orange County Municipal Separate Sumn Sewer System (MS4) Permit (Order No. R8-2009-0030, as amended by Order No. R8-2010- 0062). Hie Pennil presenis a series of technical, legal, anti regulatory challenges to the City and as a result, the City has established a rigorous National PDIluttnt Discharge Elimination System (NPDLS) unnpliancc prugram. The Permit requires the City to reduce pollutants discharged in urban rmroll' to the "Maun xinn Extent Practicable In order to comply with dic Pcnnit, the City is required to clean and maintain its MS4 and treatment control Best Management Practices (BMPs), respond to and eliminate illegal discharges and illicit connections, and conduct cleanup ofpollu(ants that could potentially impact the MS4. The City's storrndrain system includes. but is not limited to: • 1.600 stornnvatcr catch basins, ofwhich 1,275 have been retrotitted with Connector Pipe Screen (CPS) units and 139 have been rell-olined with Auto -Retractable Screens (ARS) • 215 culverts • 20 open channels • One storinwater liii station • Treatment Control BMPs, such as: • Continuous Deflective Separation (CDS) Unit • Riorelention Basins Bioswalcs/Vcgctitcd Swalcs City Council 26 — 64 6/15/2021 City of Santa Ana ICH) 21-004 Pagc Al-1 Pervious Pavement • Drywells • Proprietary Biotreatment Devices • Underground Infiltration Systems The City desires to rclain two Contractors to pa-lirrm spill response, hazardous waste disposal, and atornich-ain tacility maintenance Novices to assist with NPDI:S Permit compliance and maintain water quality standards. Professional services Agreements will be entered into with the selected Conu-aelors and the selected ColiLrrChlrs will be requesLed to perform these services on an as -needed hasis tinder the direction of the Public Works Agency. All work shall be done in accordance with the most recently adopted North Orange County MS4 Permit arid any other applicable local, stale, and federal laws - The selected Contractors shall utilize iu-house stall and/or subcontractors to complete assignments to meet the U ty's standards. For specialized work, for which the selected Contractors require a subcontractor, the selected Contractors shall serve as an administrative liaison between the City and the subcontractors. Murk -ups for subcontractor work shall not exceed ten percent (10%)- The scicctcd Contractors must have the expertise, experience, and tk:nionstratcd resultrccs available to pertornn the work described in the Scope of Services below. fhe City desires to enter into Al-reements with the two Lop -ranking Contractor, for an initial dnree (3)-Year term, with a City option to exercise one (1), two ('-)-year extension period. The annual ann<xml Lo be expanded under each Agreenent shall not exceed three hundred and tiny thousand dollars (5350,000). Actual expenditures each year will vary at the Cily's discretion and will be dependent on funding availability- The City does not guarantee nnininuun annual expenditures Larder these Agreements. A. SCOPE OF SERVICES Wori< under this Agreement nray include, bul is nod limited to, the following lasks below. 1) Spill Rcsponsc Contractors shall be capable of perlonning the following tasks: a. Dcploy all necessary personnel, equipnnent, and materials to respond to and rCCover pollutant discharges from the public right-of-way and City stormdrain system. Discharges may consist of, but arc not limited to: hydrocarbons, inorganic compounds, organic compounds, volatile compounds, biowaste, hazardous materials/waste, sewage, wastewater, sediment. and trash/debris. Contractors shall respond to spills within f-furor of initial request. City Council 26 — 65 6/15/2021 City of Santa Ana ICH) 21-004 Page Al-2 b. Deploy containment at various points along the projected navel path of the discharge to protect nearby storndrain facilities from contamination_ The City will provide a description of the site and discharge to the best of their ability during the initial rcgnest. c_ Set-up trafficc control per WATCH handbook or at the direction of City staff t> safely perfornt spill response services. d. Conduct confined space entry and video camera inspection of stormdrain facilities. e. Perfono pressure washing of the contaminated area, including stormdrain facilities, to the satisfaction of the City. All wastewater generated as a result of pressure washing activities sliall be recovered and not allowed to discharge into the City_ 's stormdrain system. f Takee discharge samples for laboratory analysis and provide results to the City_ g. Manifest the waste lawfully and efficiently to the satisfaction of the California Department of Toxic Substances Control (T)TS('), the United States Department of Transportation, the Environmental Protection Agency. the EPA-penniued disposal facilities receiving the waste, and any other relevant regulatory agencies_ h. Provide storage, transport, and proper legal disposal of the recovered discharge. i. Provide an incident report with before and aflerpictures within 1-week ofperlorning Spill response services. j. Any other work required to safely, effectively, and lawfully perform spill response services. 2) Hazardous Waste Disposal Contractors shall be capable of per to ming the Ibllowing tasks: a. Perform routine pickups and removal of hazardous waste from the public right-ofway and City Yard (215 S (Venter St). Types ofhazardous waste. may ittclude, but arc not limited to: hydrocarbons, inorganic compounds, organic compounds, volatile compounds, pesticides, biowaste, medical waste, c-waste, wastewaee1% batteries, soiled clothing, propane and gasoline tanks, and tray h/de bri 6. b. Dueument location, type of hazardous waste rernirved, and send photos w Ciry state_ c. Provide storage, transport, and proper legal disposal of recovered hazardous waste. City Council 26 — 66 6/15/2021 City of Santa Ana ICH 21-004 Page Al-3 d. MallifeSt the waste lawfully and efficiently to the satisfaction of the California Department ol' Toxic Substances Control (DTS(',), the (mated States Department of Transportation, the Lnvirunrncnu l Protection APcncy, the CPA-perlltittcd dispusal facilities receiving, the waste, and ally Other relevant regulatory agencies. e_ Any other work required to safely, efTectively, and lawfully perform hazardous waste disposal services. 3) Stormdrain Facility Maintenance and Cleaning Contractors shall be capable Ofperhnnring the firllowing Lasky= a. Deploy all neecssary pmornrcl, equipment, and maierials to thoroughly clean and remove all trash/debris, vegetation, sediment, and encampments from the City's stnrmdrain system_ Contractors .shall have proper equipment and training to perform confined space entry and have access to and be capable of operating it vacttrtm track and hvdro- jetter to perform storm drain fitvility maintenance and cleaning services. b. Perform thorough inspection and cleaning of all Municipal catch basins Lhrouvhoul the City, including all trash capturc dcviec selecns installed within Municipal catch hasins. c. Perform thornueh inspection and cleaning of all culverts .nrd open channels throughout the City_ d. Pcrfbnn thorough inspection and cleaning ul' all u-catment control BMPa throughout the City. Contractors shall be familiar with the proper Operations and maintenance of various treatment control BMPs including, but not limited to: • Cuntinuuus Detlectivc Separation (CDS) Unit • Bioretention Basins • Bioswales/Vegetated Swalcs • Pervious Pavement • DrywelIs • Proprietary Blolreaument Devices • Underground inliltration Systems • intiltration Basins/Trcnchcs e. Report stnrmdrain infrastructure data to the City when conducting inspections and/Or cleaning, including but not limited to- 0 Date Ofinspcctiun/cleaning City Council 26 — 67 6/15/2021 City of Santa Ana ICH) 21-004 Pagc A1-4 • I,ocalion • Dimensions • Asset idenlilicalion number • Trash capture dCViCC type and condition • Damage (leceplale, prol,ccnon bar, manhole, interior, inlcuautletPipCs) • Obstntetions or vegetation growing • Condition of "Nit Dumping" stencil • Volume of trash, debris, and sediment removed during cleaning • Inlet/outlet pipe diameter and material C Stcncil "No Dumping Drains to Occan" on tic top of catch basin inlCLS. g. histall and/or repair trash capture devices in Municipal catch basins, including but not limited to: • Connector Pipe Screen (CPS) units • Atuo-Retractable Screen (ARS) units • nthel-dCVICCS listed on tic State Water RCSOLrrtieS Control Board C'a-tilicd Full Capture List of Trash Treatment Control Devices: http. J/www_w-ttcilur iId',_c_t_,rnv/N-tter_Y . iu,S// n rVrtm:;/ f Hmw;A r/doc_a/ Ir t,h ii�tl� nt� ntatinn/� t tuifii<<I,,,-I� ,dcvu � li_'t,,,-l(�1 �:6�0> I ptlf h- Provide on -call operations, maintenance, and repair services for the C'ity's First Street storrnwatcr li Il station ( I ) and Civic CCntCr storrnwatcr li R stations (2), including but not limited to: • Conducting routine and pro -storm inspections to verify all lift stations are functioning properly and ready to pump stormwater • Monitoring weather lorecasts and perlbnning inspection~ during rain events to verify all lift stations are operational and there is no flooding in areas served by the lift stations • Routine exercising of all lift station pumps • Routine testing ofalI lift station alarms • Notifying the (-'try of any lift station issues within 1-day of discovery • Providing written inspection reports and photos Rtr all lilt station inspections • Vacuum cleaning lilt station wet -wells, storindrain lines, and Catch basin inlets to remove all trash, debris, and solids as -needed • Monitoring SCAOA system, and responding to alerts or errors as -needed • Contractors will have access to lift station SCADA systems via mobile dcvicc. hot -spots • Responding to and resolving urgent issues with the lift stations 24-hotu-s a City Council 26 — 68 6/15/2021 City of Santa Ana Ri'1' 21-O04 Pagc Al-5 day, 7-days a week • Conducting electrical and mechanical repairs or troubleshooting as -needed Contractors are required to have an electrician on their team or as it subcontractor to provide lift station services. Lift stations operations and maintenance documents are included as it ttuchatent 2 to this Addendum. The City will provide basic training and additional documentation to the selected proposers on stortnwater lift.station operations. Contractors shall respond to liftstation issues within 1-hour of initial request or notification. The Civic Center lift stations (2) are managed by Parks, Recreation, and C'nnamunity Services .Agency staff. The First Street lift station (1) is managed by Public Works Agency stuff. The selected proposers shall provide separute invoicing lbr work it/ each lift station. i. Pructuc and install metal ga[c5 within or at the otttict of swrmdrain facilities. At a minimum, metal gates shall: • Prohibit access bvthe public into stormdrsin facilities • TTave a tamper -proof locking mechanism for dry -weather conditions • He capable ofopening freely during storm conditions or debris hlockage • iic made of material strong enough to withstand potaitial vandalism The City will provide metal gate design detail for cantractors to procure and install. j. Any other work rcquircd to sal'cly, cl7cctivcly, and lawfully peribrrn ,,torrndrain facility maintenance and cleaning services. 4) Flood Control ASSMWICe Contractors shall be capable ol'peribrming the following tasks: a. Mobilize to flooded arms and/or historic problem areas under the direction of the City. Contractors shall respond to flooding within 1-hour of'initial request. b. Deploy all necessary personnel, equipment. and materials to assist with flood control and flooding complaints. The equipment deployed roust have the nhility to renuioe excess water from the publicright-oGway anddisloduematetials blocking stone flows. City Council 26 — 69 6/15/2021 City of Santa Aux ICH) 21-004 Page Al-6 c. Open ARs unit~ and storrtrdrain manhole covers to facilitate faster drainage of flooded aieati. d. Remove all trash/debris, sediment, and vegetation from ARS units and stornulrain riciIiIies to laciIitaIe taoIer drainage of Hooded areas. c. Provide asset TD number and photos of tooded stormdrain facilities that were responded to within 7-days of the City's request. f Any other wori< required to safely, effectively, and lawfully perform flood control assistance Sel-Ylceti. B. OTHER REQUIREMENTS Contractors must download and use the City's new asset mananCment program (Citvvvorks) to CcnnplCte work orders and service requests pertaining to this Scope of Work. City staff will provide basic Cit-yworks training to contractors and contractors shall have tablets and/or mobile phones to use Cityworks in the field when completing all service requests and work orders, unless otherwise stated by the City. Contractors shall adhere to all requirements of the City's MS4 NPDLS Permit "hilt, performing services undo' this contract. Contractors shallv innedintely notify the City should they become aware of any activities or events that may be deemed non -compliant. C. CITY RESPONSIBILITIES The City will provide information in its possession relevant to the completion of the tasks outlined in this kFP. Iu general, this includes, but is not limited to: • Furnish scope of work and provide general direction as -needed to complete tasks • Furnish documents, data, maps, or other information rcicvant to the Scope of Services • Provide access to stormdrain facilities • Facilitate meeting space and coordination at City facilities D. PREVAILING WAGES These Agreements are subject to compliance, monitoring and enforcement by the State of California Department of hrdustrial Relations. Contractors are required to inform themselves lolly ofIll e conditions relating to I abor under which the wori< will bepetibrnrecl. In accordance with the Calilbmia State Labor Codc, prevailing wage rates apply per the following link: littn://www.dir.c,i.gov/public-works/publicworks.litiiil Coniractors shall provide certified payroll to flit, 01.1, upon invoicing. The 01, ntay not City Council 26 — 70 6/15/2021 City of Santa Ana RF1' 21-004 Pagc Al-7 process invoices for payment until receipt of cerfffled payroll. E. LICENSE REQUIREMENTS The selected Contractors shall at a mininntm have a valid Class A General Engineering Contractors' License. The Contractors shall list and provide all required City, County, State said Federal 1D Number;/Licenses/Perniits related to this Contract, inCILLdiria but nut limited tu: • EPA Identification Number • FPA Acknowledgement of Notification of 11a23rdOUS Waste Activity • Hazardous Material "transportation License • Hazardous Substances Removal & Remedial Actions Certification • California Contractors State License with "I IA%" Designation • California 1)MV License with "It" Designation F. SPLCIAL REQUIREMENTS ADDITY)NAL WORK Upim request by the City, Contractors shall submit supplcrnental proposals for Additional Work not included in the Scope of Services of this Agreement. Contractors must obtain "ritten approval prior to commencing any Additional Wurk. FEE PROPOSAL: Fee proposals shall be submitted as a separate attachment in PlanetBids and shall be structured as follows: The fee proposal shall include a list of all positions, hourly rates, equipment and material costs, and any other costs required to perform the services described in this RFP. At the request of the City, Contractors shall provide a more detailed fee proposal when a specific project proposal is requested of the Contractors. As part of the fee proposal, Contractors shall complete it CONTRACT COMPARISON FORM, attached as Appendix Attachment 4, and inCludc it in the l'ccproposal attachment in PlanetBids. It is expressly emphasized that this CONTRACT COMPARISON FORM is not a bid. h is used for cost -comparison purposes only. The City does not guarantee the quantity of work to be performed by the selected Contractors. Conu-actors shall be paid for the actual services provided according to the proposed hourly rates and unit costs. City Council 26 — 71 6/15/2021 City of Santa Ana I&P 21-004 Page Al-8 OTHER TERMS AND CONDITIONS: 1. All work shall be implemented in compliance with City of Santa Ana policies, as well as Prevailing Wage law and applicable State and Fcderal Requirements. 2. The City reserves the right to amend this Request for Proposal by addendum Prim- to the final dates 01 submissio11- 3. All reports, proposa Is, or other data or materials which arc M Ibrnitted shall hecnIII e the. sole property of the City of Santa Ana with the exception of the confidential Financial Capacity information and lee proposals- 4. All products used or developed in the execution of arty contract resulting from this request Will remain in the public domain al the coniplellon of [his project.. 5. The City has an allinnativc action program- The Pur-xrsc of tlic affirmative action program is to encourage certified minority business enterprises and wouicn businesS enterprises. All submitting Contractors ninst have established affirmative action programs appmvable by the City. luring the RPP stave, all Contractors will need to complete a "Certification of Non -Discrimination by Contractors" for each fine on their team. City Council 26 — 72 6/15/2021 City of Santa Aux Ri'P 21-004 Page Al-9 ADDENDUM NO.1 ATTACHMENT 2 CITY OF SANTA ANA STORMWAI'ER LIFT STATIONS SAMA ANA LIFT STATION: The Santa Ana lift station has the following equipment; 1. One ontobcrverticaI turbine pump including 60 hp motor, oil Inbrieatcd vertical shaft bearings and lubricated oil taut:. 2. Two numbers submersible 20 hp pump and motor, 3. One numberclectronic Icvcl sensor. 4. One numlicr ultrasound level sensor. 5_ One 60 hp Variable Frequency Drive. i - Two 20 hp Variable Frequency Drive. 7. One 800 Amp. I ransfcr Switch. S. One 300 Amp. Panel Board. 9_ One 2SKVA 490 to 240/120 Transformer_ 10.One C_'onlrol Panel including Modicon M340 CPU, Digital input module, Digital output module, Analog input, Analog output, 11M1 and Power backup package. 11. Hirce number, check valves and one number gate valve. 12. One half hp sump pump. 13. One exhaust fan conitrolled by the controler. 14_ SCADA system including dedicated computer and software. For more detail please refer to attached drawings. Operation: flit pumps arc sct to be called as tot low; 1. 'I'hc two 20hp pinups arc working as lead and lag, the 60hp pump is the backup puntP. 2_ Once the level gets to 45" the lead PUMP steal I be called at the hi speed and once the level gets to 43" the pump shall run on the required speed for keeping the level at 43", the minimum speed set Such aS the pu1111) shall pump at the tninitnutn allowable flow and the pump Shall stop at 30" level. 3. The lag pump shall be called at the following conditions: 1. The lead pump called but not running. 2. The level gets to 50". City Council 26 — 73 6/15/2021 ADDENDUM NO.1 ATTACHMENT 2 4. The lag ptunp shall be stopped once the level reach to 40". 5- The Backup Pump (Pumpl , 60hp) shall Stan once the level is 50"- 6- The Backup Pump shall stop once the level is at 30"- Required Maintenance: 1. Checking the level of the solids at main manhole and wet well after each rain or monthly. 2- Checking, cleaning and calibrating the level sensor after each solid removal or as needed- 3. Checking the oil level at the pump 1 tank weekly and alter each rain. 4. Checking the check valves operation cvery 3 months and each rain. 5_ Chccking the performance of the pump. The historian at HMT and SCADA program shall provide required information- 6. Checking mechanical seal for pump 2 and 3, the IIMI and SCADA shall provide the required information. 7. Controlling the exhaust Tan pertornicuiec. S. Exercising G-ansfer switch every year. 9- Dusting and cleaning panels as required- 10. I,ubricaling the molor's bearing Iorpump 1, every year. IL Checking the T'T,(' program and performance every year- 12. Checking and changing the backup batteries at UPS and PLC. As needed. 13. Checking the comtnunication of the station kith SCADA system. FLOWEk STATION: The Plower- station is vary similar to the Santa Ana station "ith the Billowing changes: 1. No Vertical turbine pumps. 2. Manual transfer switch is 200 Amp. City Council 26 — 74 6/15/2021 ADDENDUM NO.1 ATTACHMENT 2 2. Panel Board is 200 Amp. 3_ There are Iwo 15 hp VFDs_ q_ The submersible pumps are 15hp_ 5. Please refer to the Flower Station drawing. Maintenance Shall be the same as the Santa Ana Station. FIRST STREET LIFT STATION: The First Surect Lill station is similar to tl)c Flower Lill station will) the following changes: 1. The submersible pumps are 15hp. 2. The power is 240V, 3ph, 3-wire. Maintenance shall be the same as the Santa Ana Station. NOTICE AND WARNING: 1. Only qualified tCC11111C1amS which arc familiar Willi purnpS and electrical can per- form the work. 2. For salty and warning notices please refer to each equipment's Operating and Maintcnancc Manuals. 3_ Do not enter the liacility without proper safety gears and bacluap personnel_ City Council 26 — 75 6/15/2021 925 West Esther St. �^ Long Beach, CA 90813 KIMBLUE Ph: (562) 624-4120 ENVIRONMENTRL SERVICES, INC. I-x: (562) 624-412/ Sealed Proposal for City of Santa Ana: SPILL RESPONSE, HAZARDOUS WASTE DISPOSAL AND STORM DRAIN FACILITY MAINTENANCE SERVICES: RFP NO.: 21-004 IN THE CITY OF SANTA ANA. DO NOT OPEN WITI I REGULAR MAIL City of Santa Ana Alin.: Craig Posler Public Works Agency M-36 20 Civic Center Place 3 ' I�1oor Reception, Ross Annex Santa Ana, CA 92701 Due Date: April 1, 2W1 «04:00 pm City Council 26-76 6/15/2021 LONG BEACH SAN UIEGo 925 West Esther St. �^ Long Beach, CA 90813 OcEnnBLUE Ph: (562) 624-4120 ENVIRONMENTRL SERVICES, INC. Fx: (562) 624-412/ `fable of Contents Statement of Qu,alificmtions 1 A. Cover T.efter P,. Cunlrad Agreemeni51atemenl C. Firm & Te,ma Experience D. Understanding of Need E. relevant Project Experience F. references Scope of .Services & Schedule A. Scope of Services Fee Proposal A. Separate envelope labeled "Fee Propnr;at, B. Contract Comparison Porte A. Aitachraent,3-1: Non -Collusion Affidavil F,. A11:advnenl 3-2: Nun-Lulrl'+yinn (=erlificaliun C. Attachment3-3:Non-DiscriminationCertifaaation 4 City Council 26 — 77 6/15/2021 LONG BEACH SAN DIEGO k T - _ ounn ►BLUE ENVIRONMENTAL SERVICES, INC. March 2511,, 2021 0(y of Santa Ana Attn: Mr. Craig Foster 20 Civic Center Plaza (M-22) Santa Ana, CA 92701 Subject: Spill Response, Hazardous Waste Disposal, and Storm Drain racility Maintenance Services Ocean Blue Environmental Services, Inc. (Ocean Blue) is pleased to submit our proposal_ As your current HaZmaL & SLormwaLer ionLracior, we will conlinue provid k% the pereunnel, equipment and resoU Ices to SUCCesSfully fulfill your scope of work. We are aware of your high expectations for Ocean Blue, and we hope to deliver if awarded another term. Along with Santa Ana, Ocean blue also services many nearby municipalities, all of w hnm 11.0 available as a rrftrr;nce upon Ieclurst. On behalf of Ocean Blue, Chris Aninhiano will be the single point of contact in all regards to this contract. Mr. Anguiano can be reached via any of the following ways: Chris Anguiano — Project Mzruzjer 0: 362.624.4120 1 C: 562.23 5.7472 �_:�nyuianoa�,ocr_..rn-bluc.com Ocean Blue was founded in Long Peach io 1994, and opened a salellile office in San Diego in 1998. Ocean Blue 011phdsi2es slorai water management & environmental emergency response to primarily serve municipalities and ports. Some of our conLracL clientele include- Orotige County Public Works ................... L.A. County DepartrneW of Public Works John Wailne Airport .................................. Los Angeles World Airport ----------------------- Cal Trans City of Suntu Arui..... City of Irvine ............ ... 2012-Present ... 1'193-Prescnt 209-Presen t 2015-Preseni 1995-Presenl 2009-Present 2017 Present 79............ Yam 1 ot''9 City of I Imitin,,tim Peach Citif of Gardi'll City ofwc0min<tel ................... City i if Villo RUIC ....................... Cily of*Hi7zvamm Gardeai; City of Ccrrifos ...... City of Commen ( ....................... City of Inglewood ...................... Cily nfl-akp7onod.. ---- City of Vow, City of Redojido Reach .............. City of Pasadcnti ....................... City orPerris Call of Oozoney ......................... Port of Los Ajixehis ................... Port of Lout Beach .................... Moulton Niguel Water District It-7111W Ranch Water F)klrit-L--- 1010-11resent 2()00-Present ............................. 2UO3-Present ........ .......... ......... 209 1 -Present 2111 9-Preseni .............................. 2008-Present .............................. 2017-Present ............................. 2007-Present ...................... 20 1 '-Pre-sonl I 998-Pre.sent ............................. 2(j 1 7-Prescnt ............................. 2LIo8-rrescnt 201 -PresenL ............................. 201 5-Pre,,enj ............................. P98-Present ............................. 1998-Pre�ciit ...... ........... - .... - ... 2018- Presen t 2004-Pre.seni We look forward to your evaluation and working g for the City of Santa Ana. - Please feel free to contact anyone Of Us with any qLICSti0O' or concerns. Sincerely, Maria Lee — Chief Executive Officer Occan Blue Environmental Services, Inc. 925 West F-ther Street Long Beach CA 90813 Office: 562.624.4120 a-119--us Pagie lot'29 6/15/2021 OCERn BLUE ENVIRONMENTRL SERVICES. INC. Contract Agreement Statement 925 West Esther St. Long Beach, CA 90813 Ph: (562) 624-4120 Fx: ()62) 624-412/ Ocean Blue Concurs to all the provisiorvs in the City of Santa Ana Consultant Agreement. We maintain no exceptions and/or concerns regarding Attachment 2 of the Appendix. Tliank you, Chris Anguiano Project M,uiager (-)Ce,M Blue l-.nvirOnTnent,il SeTViCe`i, ITIC- City Council 6/15/2021 LONG BEACH SAN DIEGO Page :> of 2y OCERn BLUE ENVIRONMENTRL SERVICES. INC. Firm & Team Experience 925 West Esther St. Long Beach, CA 90813 Ph: (562) 624-4120 I-x: (t62) 624-412/ In 1994, Ocean Blue Was founded & headquartered in Lung Beach. We emphasize Stormwater services & llaz- Mat emergency response to primarily serve municipalities & ports. We are a California Corporation With no parent -company or subsidiaries. Our offices arc located at: Long Beach 925 W. Esther SL. Long Beach, CA 90813. Manager/ Supervisors 72 Office Staff. fi Technicians/ Drivers/Operators: 34 I'O I'AL LONG BEACH S I AI 1 : 52 San Diego 3110l lancock San Diegn, CA 92110 Manager/ Supervisors: 3 Office Staff: I 'technicians/ Drivers/operators: 10 TOTAL SAN DIEGO STAFF: 14 Since 1991, we responded to 100%, of our client's call outs: which include cleanin- thousands Of catch basin,, maintainins thousands of miles of storm drain line's, installing hundred_ of stormweter filters, and responding to 30,000+ spills within Southern California. As a 24/7 Stormwater-Hazmat company in such a regulated industry and nPVer missing a spi11, our track record speaks for ilselI- We held & renewed Conlracls with: Oranne County Public Works ILA<rnat ER & Waste MtimigenreW 2012-Present John Wayne Airporl - StOY?ML'IffCi' Seroiu's, 11 azrnat ER Pr War tr Managenwnt 2009-Present City of Santa Aua — Storni7vatt r Seraice�;, Ha_rnat ER & Wastr' Managr'tnent, Sinv,Ie Sovrce 2009-1'1-escnt City of Irvine — Stomnmlfol 5f,mnces, I lazmat CR '; , Waste Marragemrtitt, Sin,0, Some", 2017-Present City of San Clemente— StormLUato- Seroices, HrlUmat FR & Waste Management, Sin21c Soalrce. 2016-Present City Council 26 — 82 6/15/2021 LONG BEACH SAN DIEGO Page 4 of 2y OCERn BLUE ENVIRONMENTRL SERVICES. INC. 925 West Esther St. Long Beach, CA 90813 Ph: (562) 624-4120 Fx: (t62) 624-412/ City of Carden Grove - Storm Ton ter Seriif-PS, I lazltlat ER L5, Waste Management, sm It, source 2000-Presc» t 11 City of Huntin,�lon Reach — Stormioater Services, I la2mat FR fr Waste Management 2017-Pre9ent Irvine Ranch Water District— F-Taznaat FR & Waste Managenlertt 2004-Present Moulton Niguel Water District— Hazrual ER & Waste Management 2018-Present L.A. Co. 0eparttnent of Public Works—Vmer,ency Sladl Respotue 1995-Present L.A. Co. Department of Public Works—Storrnuaater Sertues, llaztnat & Waste Mgntt 1995-Present L.A. Co. Deparhitent of Beaches tr Harbors Hazrrtat & Wrtste Mint 2015-Present Port of Los Angeles— Spartrturater St Mices, Haztnat ER & Waste Management 1998-Present Port of Long Beach — Simntavaler Services, Ha2mal FR ,; Wale Manaoomenl 199S-Present Vatt Nuys World Airport— Storitittyate'r Servi(vs, Flavitat FR & Waste Managemoit 2017-Present [IS Coast Guard - Hazruat ER & Wash• MUMP,'mn(•nt 1906 Present Cal I raus — Slot mu)aler Services, Hazrnal ER 1995-1'recenL BNSF Railway — Haztnat LIZ S- Waste Management 2015-1're,ent Alameda Corridor Transit Arithority—11aztnut ER 6 Waste Mona.Vtnent 2017-Present City of Long Beach — Stot tntoatcr Services, Ilaztmit ER & Wttste Mauagenunt, Single Source 1995-Presort City of Cetritvs — Storm water Services, Hazruat ER Cs Waste Management, Single Source 2008-Present City of Signal Hill — Strtrtnwaler Srawices, Ha2mal FR c5' Waste• Manag,,VMOnl, Single Source 1997-1'resenL City of Take -wood— SIOrmwalt_r Services. Ha-mal FR Wa-q(, Mar,a,eureiil, Sin,l,le Sonro? 2013-Present City of Cmson — Stommmtcr Services, Ilvzmut ER Er Waste Murirah(m:rlt, Singlt• SOurre 1993-Present City of Pasadena — Storinu'ate, SeTvices, Hazruat ER & Waste Management, Single Som,ce 2008 Present City of inglewoocl — Stormmalet- Serz)ices, Haztnat LIZ & Wa le Managemntl, siuole source 2007-1'reseni City of Dountey—.Stormaoatrr Services, Ila2ntat LIZ 7 Waste Mana;errtrnt, Sill.,lr Sourer 2015-Present Cily of Perris — Sturm Watti Mattagemotit, Catch burnt clPWning 2015-Proscnt City of El Segundo — Stonuwah i, Services, Hazruat ER, Catclr Basin cleaning & CPS iustallatioil 2016-Present City of Camarillo —Catch Basin cleantlig 2016-Present City of Covina — Shelia ,aler Sevices, Hasmal FR & Waste Alatia"'Ornetll, Single Source 201 S-Pre,SEnI City (if Piro Rivera — Sturtnavatc-r SecZliceS, llraZmat ER & WasteMana ,merit, Sin,lc Source 2013-Present City of Redondo Beach — II17Z71l at ER & Write Maiia,gc'meiit, Single Source 2017-Present City of Thousand Oaks — Slorrr zvaler Services, Haztnal ER & Waste MaffiagGnetil, Single Source 2015-Present City of Compton — srormroater Sermres, I lazmat LIZ & Waste Maila,vttlettt, single source 2017-Present City of Torrance — Stottw(latt>r Seroict's, Ilaymat FR « Waste Managenrpnt, Sm"ll, Sollice 2015-Prc-yont i lall lies/ rIf tjI t; I irY1)J1 .ti' pi19117/1' PflrPtP iG 09),titOhlP „lw)) wq,j"tl City Council 26 — 83 6/15/2021 LONG BEACH iN SAN DIEGO iN Page 5 at''�r OCERn BLUE ENVIRONMENTRL SERVICES. INC. 925 West Esther St. Long Beach, CA 90813 Ph: (562) 624-4120 I-x: (:)62) 624-412/ Ocean Blur' present'i taco rrr(1na;erial stgff for this contract: their re5imle5 can be found m the folloziwv; pttgrt; We Will be usin l t1tNY iub[otttractors, till of whom art, lkh'd helom. 11 Chris Anguiano — Project 1Vlamager fl'rinmr y Contact) • Location: 925 Wes[- Esther SL., Long beach CA 90813 • Telephone:502.235.7472 Single Point of Contact, ensures high quality of work, cost & schedule control • Chrk, Anguiano Was ChuSen W rn,enage this Controctbec+uselie i8 vei:v larnilior with Santa Ana; having personally saved the Cily for 10+years. Mr. Anguiano is very skilled at organizing projects_ managing everything from job walks, estimates, scheduling, responding to emergency calls and regulator,v agency interface. Mr. Anguia no takes pride in the quality of his ",ark Which inchcdes completing project, on -schedule & on -budget. Mr. Anguiano',, goal is to respond to all of the Ciiy's needs. Subcontractor I of Multi W Systems, Inc. 2615 SLrozier Ave. nil Mort le, CA 91733 Ph: 626.401.2627 30+years of (apr fence in rnairitaining r,urry, stntiorrs Raul Sandoval—Supermior (5econdatnl Conlacl) • Location: 925 West Lsther St_, Long_ Beach CA 90813 • Telephone! 562305A895 • Mr. Sandoval is the Stormwate•/Hazmat Supervisor for Ocean Blue. With more than 111 years of experience, Mr. Sandoval leads stormwater teams all over California. He has cleaned/inspected thousands of catch basins. TTe htas installed th(xrsands Of Connector pipe screens, many of which in Orange County. Mr. Sandoval also Supervises other stormwater projects from illegal discharges, hydrodynamic separator maintenance, CC1V inspections, and stormwater filter media exchanges. I Ie is also an emergency 1" responder With extensive experience operating heavy equipment. Subcontractor 2 of 3 Arnaz Engineering Contractors, Inc. 1035 N. Armando SL. Suite X Anaheim, CA 9280(1 Ph: 714.666.1765 ?5+Years of experience m promdmi teclmolo;ical servicei for water <5° sozoer applications Subcontractor 3 of 3 National I'lantScrvices, Inc. 1461 1 larbor Avenue Lnmg Beach, CA 90813 Ph: 562.436.7600 1c[(r,r n nLi,nn Ohl m.l,c<�t]), 40+ Years (if experience m pro u irl ink lntdro jettin,T & CCTV SCrnicCS �r sourer applications City Council 6/15/2021 r� LONG' BEACH SAN DIEGG � � « 3 \ � 0 % 3 ro 0 § .\ 2n m )) \ I e}.......................................................... ................................................................. ............................................................. $ > ro 5«,: .......................... » J ) } 3, 3, N as &:7> a J> eee,.. a� ,sz} jƒ* .......................... �§v <.%< 7/} \\\ j}` / OcEnn BLUE ENVIRONMENTRL SERVICES. INC. Ab.'sta 1'a11Mwld Tung Fdwgrd 36 41 26 26 ✓ ✓ illy ✓ J J ✓ ✓ ✓ J ✓ J ✓ Dare Kon 'I 23 ✓ ✓ J J J ✓ Ontrand Don 31 23 ✓ J J J J J Ramirez Manny 26 3 J J J J ✓ Ruiz Rico 31 26 ✓ ✓ J J J VsIaJCz Luia 19 19 J ✓ J ✓ ✓ Gaeta Daniel 17 17 J ✓ ✓ ✓ ✓ Piekkola Bill 16 16 J J J J J J Sherlock'l'oni 16 l6 J ✓ J ✓ ✓ Anl_rnalw Curls 13 7 ✓ ✓ ✓ ✓ ✓ ✓ SanduvalT2an1 13 6 J ✓ J ✓ J lone; will 10 10 ,/ J J J J Pedrosa Jesse 31 26 J J J J J J Revco rilemon 29 26 J J J J J ✓ Ciai nee Pa1. r'i ek 1 9 ✓ ✓ ✓ ✓ ✓ ✓ Raines leremey 17 6 J ✓ J ✓ J J Lee Justin 9 9 J J J J J J Tulkr Rick ME 41 ME 16 Lee Maria 31 26 J ✓ Ls: Muunito 31 26 ✓ J J J J J Firnmona ('h riatine 22 22 ✓ ✓ Gaeta Julio 13 13 ✓ ✓ J J J ♦Torun Bruni IS 15 Malio We-ndy 15 21 Rios Alexis 9 3 Trainine! this page illustrates only a sample Selection flit all Ocom) 9I11e employees —at a minilnuln—lt,tve OSHA 4011our, OSHA 8 l lour, Bloodbome Pathogen, CPR/ 1�r-Aid, and confined space entry. All above certifications are available upon request. 925 West Esther St. Long Beach, CA 90813 Ph: (562) 624-4120 I-x: (:)62) 624-412i rml-bo NCnja1nin Porrayo Jose 32 32 17 27 J ✓ J ✓ J ✓ ✓ ✓ J ✓ Carmsco Ismael 32 27 ✓ ✓ J J J J Martine/ Arrbie 32 27 J ✓ J J J Valadez Eddy 32 27 J ✓ ✓ J J Yancz Dcnnis 32 16 J J J J J linlencz Mi-6ucl 13 13 J J J J J Martino/ Ruhen 13 12 ✓ J J J J 1longe Henry 12 1.0 ✓ ✓ J ✓ J Valadez 0111ar 10 10 ✓ J ✓ J J Aw7a Doimn l0 M J J J J J Martinez TlralhdOn 10 10 ✓ ✓ ✓ ✓ ✓ lad on lo:o 1h n 9 J ✓ J J J keVes I'iliherrn S 8 J J J J J I Iemandez Lmesto 7 7 J J J ✓ J CajtCIla1105 Jesus 6 6 ✓ J J J ✓ Ga ria lunothan _, y ✓ J J J J Vela rque/ Eduardo 5 5 J J ✓ J ✓ Ochoa Eduardo 4 4 J J J J J Oc hna Gorarck, 4 4 ✓ J J J J Ang,u inno 011-11t6u 4 4 ✓ ✓ ✓ ✓ ✓ Martinez Archie Jr. 1 1 ✓ ✓ ✓ ✓ ✓ Koia; Viilor 1 1 ✓ J J J ✓ Valdes I'.rnesto 4 4 ✓ J J J ✓ Ramirez Christofer 3 3 ✓ ✓ J ✓ J Gaeta Jose 3 3 J J J J J Ventura Rrfan 2 2 ✓ J ✓ J J Huddleston Justin 2 2 J ✓ ✓ ✓ ✓ Ochoa Itubcn 2 2 J J ./ J ✓ Serrano Von-i 2 2 J J J J J Ramirez Roger I 1 ✓ ✓ ✓ ✓ J Cruz Andres -I -I ✓ J J J J AlVarc/ Marro 1 1 J J J J J Jimenez, Miguel Ir. I 1 J J J J J City Council 6/15/2021 LONG BEACH '< SAN DIE60� Paget n of 2y ocEnn BLUE ENVIRONMENTRL SERVICES. INC. CHRIS ANGUTANO Project Manager 925 West Esther St. Long Beach, CA 90813 Ph: (562) 624-4120 I-X: ()62) 624-412/ Project Manager, Ocean Blue Environmental Services. Inc_ (2014 - present) Overscc5 various catch basin inspection/cleaning projects all over California. Storm drain hydrojetting to rCTnovC sediment/trash from lines. Maintenance of hvdrodynainic separators. Maintenance of concrete/earth lined channels and v-ditches. lnclallaLion/repair of CPS/ARS uniLs. Pump sLaLion mainLenance, storm water stenciling, CC 1 V inspeclions, Conted) filler maintenance/media-exchange. lmergency call -out for flooding & HA%MA I' response. Tnstalled large-scale storm wafer filtration device for the Port of T us Angeles_ Oversee; storm waler projects for the City of Santa Ana, City of PurriS, Los Angeles World Airports (T.AX), Los Angeles County Departrrrent of Public Works, Port of Los Angeles, Port of Long Beach, City of Camarillo, and many others. .Svpervisor, Unitcd storm Water. Inc. (2008 - 201 "3) First responder for on-siLe flooding 8z emergency HAZMAI'_ Operated JeLLer/Valor & Super sucker. Also supervised projects for Hunlinglon Peach, Dana Point, Target, Melropolitan Water Dimricl, San Francisco F_stuary PartTerehip PTonram, City of Frenannt, City of Perris City of Un1On City, and Contra CO3ta County. Notcwurflxy Prvic: ts: Project Manager, Los Angeles World Airport, Mail 2016 to present (Single Source) Mr. AngUianca eurrently rrrana;;es 3 Separate contracts for LAX totaling; more than `h2M in revenue over a 3- year tern. The largest contract is for Sfurnaouter Filtcr Inspection & maim, nwit-I. Por LAX to comply with its MS4 permit, requires extensive storm water maintenance. Ocean Blue holds the single source contract for LAX, with over 3,700 Contech filters utilized throughout the Airport, LAX has the largest stornnvater filtration s) Stem Ocean Blue has ever wen. Mr. Annuiano is also the single point of contact for any I laxmat incident nn t1w I AX tarmac Project Manager, City of Santa Ana, October 2014 to present (Single Source) Mr. Anguianu Serves aS the Single point Of cuntaet fur the City Of Santa Aria. Ocean Blue currently ulaintairts the public right of ways for the. city. Any spill:, rcicasch and discharges cure quickly addressed. In addition, we assist the city with any storm water system maintenance from cleaning catch basins, bypass jetting, open channel maintenance, and flooding. The city Iras over 1,500 catch basins throughout the city. Twice a year, Ocean P,Ine CICAns Ovt CAtch hagiTns. A $350K/year contract. C X]IFICAIlONS&'TRAINING HAZWOPER 40-Hour Course CFR 1910.120 HAZ W OPER 8-Hour Refreshers Bluodborne Pathogens CI;R 1910.1030 CPR / First -Aid I rained Confined Space LnLry RCSCLLC Incident Command Sysiern 100, 200 & 700 City Council 26 — 87 6/15/2021 LONG BEACH / SAN DIEGO OcEnnDcuc ENVIRONMENTRL SERVICES. INC. RAUL SANDOVAL Supervisor Suyervisor, Occan Blue Environmental Services. Inc. (2o15 - present) 925 West Esther St. Long Beach, CA 90813 Ph: (562) 624-4120 I-x: ()62) 624-412/ Supervises the City of Perris, City of Santa Ana and City of Camarillo storm water management and pumping projects; kitchen grease pumping, catch basin cleaning, channel maintenance, hydrodynamic separator pumping. Installation/repair of CP`;/AR5 unit,_ Pump station maintenance, storm water stenciling, CCTV inspections, ,and Contech filter m,ainten eancc/media -ex change. First responder for on -site flooding, overflows and emergency I IAZMAT. Operates Jetter/Vactor & Super sucker. Technician. United Slorrrt Water. Inc_ (2010 - 2075) Labor for Storm Water division. Received task orders to clean catch basins, pump stations, hydrodynamic separators, storm water channels and Contech filters. Involved in the fabricaticul/installation of ccuvhector pipe screens. Reported to respeetive Supervisor to meet strict project deadlines. Performed inspections of municipal storm water systems. Reported & documented data collection forms. Previously performed all tasks within this RFP's scope of work for the City of Long Beach. Note,ranrtlnr F'rowet,r Porenu+tr, City or Perris, May 2016 to present (Single Sourre) Three times a year, Mr. Sandoval leads a team to dean 900+ catch basins and to hydrojet hundreds of thousands nl feet of stormdrain lines for the City. I o efficiently conduct the work, we use our io-house fabricated Iruck. Al the end of each cleaning we submil reports/piclures for every single basin_ While the aclual work is hrnporLsnl, we also understand the importance of these reports in regards to the City's permit compliance. This is a S180,000/year contract L-'oremarr City of EI Segundo, little 2016 to }resent (Single Source) Mr_.Sandiaval lead the installation field -team to install 100+COM)OCtOr Pipe SCreenR. BeCat-Ne the City has Lo,; Angeles Cotuhty storm drains within its jurisdiction, Mr. Sandoval's installation must meet all County engineering specifications. After wirming the original 90 unit installation contract, the City was so pleased, they asked for anolher 40 units to he installed_ This is a $60,000/year coo tract- C:EhI IHCA I IONS & I RnININC; TTA7WOPFR 40-TTuur Course CFR 1910.120 HAZWOPFR k-Hour Refreshers CPR / First -Aid Trained Class C CDL w/ HazMat P,loodborne Pathogens CFR 1910.1030 DOT Hazmat & Oil Transportation Confined Space Entry Rescue Incident Command SysLem 100, 200 & 700 City Council 26 — 88 6/15/2021 LONG BEACH / SAN DIEGO OcEnnDcuc ENVIRONMENTRL SERVICES. INC. EDWARD A. LONG 925 West Esther St. Long Beach, CA 90813 Ph: (562) 624-4120 I-x: ()62) 624-412/ Project Manager / R.E.A. Chemist / Safety Manager Project Alan(wer / Chemist / ScfdW Munrrger. Ocean Blue Environmental Services, Inc. (199G - ]present) Mr. Long is a Project manager with 39 years of experience managing HazMat. Services include: homeless encampment cleanings, emergency response, catch basin cleaning, pulnp station maintenance, channel maintenance. Mr. T.ong currently oversees Hazardous Waste contracts for the Los Angeles County Department of Public Works, Trvine RanCh Water District and the City of T.onl; Beach. T Te ,d- co ovcr'scc9 crner` ciic) floodin" and HazMat response. Mr. Long coordinates waste management, on -site remediation, and decontamination projects. Specializes in identifving unknown chemicals and chemical packaging services. As Ocean Blue's Safety Manager, he verifies Lhal our Lei finical personnel are currenl on all safety regulaiinns. �:rl�n`rrrsmaelss::.rrsssmnnni+e�rn.�s:art� Coordinated & supervised oil/chemical emergencv response teams, site cleanup, industrial cleaning and other field activities. Managed Superlund site aL Omega ('heroical ('ompany sampling and identifying over 4,000 drums of unknown hazardous waste. Also directed Health & Safely training and compliance for (lie Lung Beach Transportation and Rrmediation office. ErrerAer[c]i Kesl7011se Operra00us Mraaarer, Pacific Environmental (1980-1994) While. responsible. for developing Lhe emergerny response division, responded Lo over 600 incidenLs. Also directed the: activities of the field crews in industrial Cleartirtg, C.lartdvt;tirte drug labs, drum rnarugotttertt, tank removals and plant closures. As the I lealth & Safety supervisor, developed the Injury and Illness Prevention Program in compliance with SB 198. Nnlezr�nrthr/ Projecfs� Projecl Manager, Los AnSe les Counly Departnient of Public Works, April 199E to present (Single Source) While working with Occan Blue, Mr. Long served the Los Angeles County for the last 25 years. Valued at $3.5M per vcar, scrvias InCILIdC hOrnCIC55 encampment cleanings, orn rgency response, hazardous waste management, Stonndrain management, and abandoned waste pickups. A, of recent, Mr. Lung Currently mitigates homeless encampment cleanup~ for the entire county of Los Angeles, managing 8-smut strike teams per day. C FRTTFTCATTONS & TRATNTNG CcAilied Hazardous MaLcrials Manager Registered Fr)virnnmental Assessor No. 0344(1 Certified H17M01Tncidenl Commander IraumaSccnc WasLcPracLiuoncr HA%WOPER 40— Hour ('omse CI'IZ 1910.12 HA7WOPFR S —Hour Refresher City Council 26 — 89 6/15/2021 LONG BEACH / SAN DIEGO ocEnn BLUE ENVIRONMENTRL SERVICES. INC. EDMUND E. ACOSTA Project Manager Project Manager•, Ocean Blue Environmental Services. Inc_ ( 1996 - present) 925 West Esther St. Long Beach, CA 90813 Ph: (562) 624-4120 I-x: ()62) 624-412/ Mr. Acosta performs TTA7MAT emergency response and underground spill cleanups for various hazardous waste contracts. This entails the coordination of supervisors, drivers and technicians on decontamination, demolition, industrial cleaning, site remediation, emergency response, waste management and transportation protects. Additionally, as Ocean Blue's 'I ransporlation Manager, he ver'iiie5 il)ai our fleet of vehicles is well maintained and ready to respond to emergencies Project Manager. AfYSer't icrs, ht('_ ( 1993 — 1996) Started the Long Beach branch office. Was responsible for the entire L.A./Orange Counties operation, including business development and maintenance of large refinery, marketing and manufacturing clients. The operation included LransporLauon, industrial cleaning, emergency response and demolition jobs_ Transt)ortaaion Sat)ervisor. Pacific Pnvironrnentcrl. 11980 — 1993 ) Responsible for refinery, marketing and marine accounts. Interfacing with clients from beginning of projects until completion, he became responsible for client development. Dele;gatedjobs for the vacuum trucks, managed oil spill operations, drilling rig change-overs, over the water transfers, tank cleanings, supervised cleaning crews. Responsible for hauling hazardous waste to class 1 landfills. IVOfi'7r701'ffll/ hro�e2tsf Project Mana;er, Caltrans, 1996 to present Mr. Acosta is Ocean Blue's direct liaison to Caltrans. Mr. Acosta is the first responder & project manager for Caltrans spills in Los Angeles, VenLura, San Bernardino, Orange & San Diego Counties. Our contract with C"allrans is on an open P.Q. hasis. In addilion, Mr_ Acasla 11a5 relalionships will) nnany oil/luel transporlers, so lie is able to save Col Ir,crrs hn ill_iorls of dollars by bil_l_ing tlne responsible par lie, directly. Project Manager, Port of Long Beach, October 1998 to present (Single Source) Occan Blue has been the Port of Long Beacli's TTA7MAT contractor for the Last 22 years. While the Port keeps 3 separate contractors for this contract, we are the only ones to have been continuously chosen for the last 22 years. Mr. Acosta services many of Lhe Pores tenants as well. This ccmuacL is valued al- $2M over .',-years. 3iOCi 1131WEVI ]00=05 110-101101M 11AZW OPER 40-11nur Course C'FR 1910.120 CPR / First -Aid Trained I IAZWOPER 8-I IOUr Refreshers Confined Space Entry Rescue Bloodborne Pathogens (--FR 1910.1030 Incident Command System 100, 2U0 & 700 City Council 26 — 90 6/15/2021 LONG BEACH / SAN DIEGO -• 111:..:,m.... OCERn BLUE ENVIRONMENTRL SERVICES. INC. DANIEL GAETA Supervisor q14ncrelisar. 0(cnn Blue Environnrvnrful.Scrviees. Inc. 0006-Present) 925 West Esther St. Long Beach, CA 90318 Ph: (562) 624-4120 fx: (:)62) 624-412i Responsible for various hazardous waste contracts, including coordination of lead technicians, techncians and suhconLraclors. Projects include homeless encampmenL cleanings, emergency response, waste management, decontamination and demolition. Tdentifies unknown chemicals using ha/ -cot procedures and diemical packaging. Performs job -walks, prepare estimates and bids, and job costinsl_ Noleworllw Pnqecfs- Supervisor, City of i.ong Reach, April 2011 to present (Singkr Source) Ocean Blue services multiple departments for the City of Long Beach, including Public Works, the Water Department, Sanitation, Health/Ha7mat and Gas & Oil_ Mr_ Gaeta is our single liaison for the Long Beach Water L)epartnent contributing to an overall contract value of $800K- per year. Such work includes homeless encampment cleanings, emergency reepnnee, hazardous waste management, stormdrain management, and abandoned waste pickups. Supervisor, City of Pico Rivera, August 2019 to present (Single Source) Mr. Gaeta is the single point of contact for our City of Pico P`ivera Contract. While Ocean Blue has done various work with the City pre-2019, the City decided to enter a formal contract with us effectively piggybacking our larger LACDPW contract (terms & pricing). This contact is valued at $I80K over three years. Such work includes homeless encampmenL cleanings, emergency response, hazardous waste marra�;crnent And abandoned waste pickups. Supervisor, City of Lakewood, April 1996 to present (Single Source) The City of Lakewood contract is valued at $35K per year. While it is a smaller contract, the City of Lakewood opened doors to neighboring cities like the City of I Iawaiian Gardens, the City of Cerritos, and the City of La Palma: all of whom are now our customers for homeless encampment c1canings, waste management services and emergency response. W h i I e O c e a n 13 1 u e p r i d e s i t s e I f i n s e r v gor ernment agencies, we take even greater pride in catering to many of the smallest, oftc ntimes over -looked by competitors. (TR'I IFICA'I IONS &'I RAINING HA7WOPFR 40- Hour Coursc CFR 1910.12 HAZ W OPLR 8 - Hour Refresher CPR / First -Aid Trained Class C (:DI w/ Ha7Ma1 I'ndorsemenl Bloodborne Pathogens CFR 1910.1030 LDS1 Hazmat&Oil Transportation Confined Space Lntry RCSCLIc Incideni Command Sysfern 100, 200 & 700 City Council 26 - 91 6/15/2021 LONG BEACH 11SAN DIEGO OcEnnDcuc ENVIRONMENTRL SERVICES. INC. BILL T. PIEKKOLA Supervisor, REA I q14) IVisor, Ocean Blue Fnvironmcntal Services, Inc. (200, - prc•s�= 925 West Esther St. Long Beach, CA 90813 Ph: (562) 624-4120 I-x: ()62) 624-412/ Responsible for various hazardous waste contracts, including coordination of lead technicians, technicians and subaontrailors. Projects include an -site remediaLion, emergency response,wasLe managemenL, deionLamination and demolition. Other emergency response tasks include Bio-hazard cleanup & Asbestos oversight. Tdentify unlanOwn ChemiCalS 115ing� Ina/ -Cat prOCedIJrCS and ChcrniCal paCkagnrg;- Supervise hornCleSS MrGarnprnt'nt cleanups for City of Cerritos and City of Glendale Perform job -walks, prepare estimates and bids. Notewortlat Projects - Supervisor, f01111 Wayne Airport (Orange County), 2009 to present (Single Source) Mr_ Piekkola is C)cean Blue's single paint of contact for all matters with John Wayne Airport. Mr. Piekkola is the Airport specialist when it conics to enicrgency response, hazardous waste managoinent, and storm drain management. Falling under Orange County's jurisdiction, the airport spends about $200K/year nn 000an Plug', services. Additionally, Bill Piekkola i_ the I Iazrnat contractor for all of the airport's environmental consultants. Supervisor, City of Pasadena Departmetrt of Water & Power, 2009 to present (Single Source) Since 2008, Mr_ Piekkola completed over 100 different projecLs for Lhe City of Pasadena. He maintains Lheir 90- day arrrtpliance by regularly picking up their Hazardous Waste. Mr. Piekkola will perform any environmental work for Pasadena including; spills, PCP, testing; or excavating abandoned pipe lines. Water & Power ha been so happy with our services, they now refer us to work for the Public Works dept. This contract value is ` -412K. Supervisor, City of Cerritos, 2009 to present (Single Source) Stodii% in 2007, Mr. Piekkola has dune Over $SOUK of work for tlne City of Cerritos. The city relies on Mr. Piekkola for their homeless encampment cleanup,, sewage spills, 90-daywaste pickups and the jetting of municipal storm drains. Rather than regularly bid out this contract, the city chooses to piggy -back our larger Los Angeles County Department of Public Works hazmat contract, to obtain the discounted terms &- pricing. C'F.RTTFTCATTONS & TRATNTNG Cer•lified Hazardous Malerials Manager Regklered T nvirtimneWal Assessor Certified Har.Mat Tncident Commander Trauma Scene Waste Practitioner HAZWOPER 40— Hour Course CFK 1910.12 Bloodborne Pathocens CIT 1910.103 CIT / First Aid Certified Tneidenl Coinrrrand System 100, 200 & 700 Confined Space Fntry Qoal_ified Peron Hazardous Materials Transportation Skill City Council 26 — 92 6/15/2021 LONG BEACH / SAN DIEGO ocEnn BLUE ENVIRONMENTRL SERVICES. INC. MANNY RAMIREZ Project Manager r�mlass�`rlrmea�.�dl�a� 925 West Esther St. Long Beach, CA 90813 Ph: (562) 624-41.20 I-x: ()62) 624-412/ Recently hired in'2019, Mr. Ramirez brings 30+years of environmental experience. Mr. Ramirez has expertise as a project manager, contract adminieu•atnr, managing hazardous waste, emergency response and site restoration_ Other tasks include identifying unknown chemicals using h,er-cat procedures and chemical packaging, pCrforrninll job -walks, preparinl csHTTMtCs & bids, and COordinatinll all MChniCians, Ccluiprncnt ;and subcontractors. I'VIVIrl IMPiYtal Slr(Yialist/Risk Mavra,�t rlS;nOg frtginear•. Port of I os Antvgelen (August 1988—2018)) Mr_ Rarrlireu (iver5,)w all Pnrt I IA7MAT inridentn. Mr_ Rarrlil_PZ effectively marl,)}led 5,000+I IA7MAT incidents ranging from oil spills, illegal durnpings, dead mammals, 90-day wastepickups, sunken vessels, asbestos/lead removal, and ba1Lerv/1ighL-bulb recychn1p. Was responsible for inLeraiLing .4z coordinaLing with Inial, state and federal agencies including U.S. Coast Guard, U.S. Fnvironmental Protection Agency (FPA), California Departanent of Fish kind Wildlife, California Department of Toxic Substanccs (DTSC), Regional Water Quality Control Board, Los Angeles County & City Fire Departments and Los Angeles Police Department. ]it 1999, Mr. liarnirez earned a Law degree while still working. This degree Ivs improved his ability to inlerprel the many environmental regulalions t}ralrnustbe followed in order to du business in California. Noteavrfhnl Pi wecfs: Asbestos abatement, Port of Los Angeles, 2012 Oversaw the $400K asbestos -roof abatement at Warehouse 1. This roof was one of many that was rerrurved of asbestos. As part of the City's clean -energy initiative, the roofs were then retrofitted & installed with solar panels. W{tam f Tire, Port of Los Angeles, 2014 Retnedieted a large wharf fire in the Por•I_ To keep [be main channel clear, this response required large anuntnts of hard boom to contain the huge amount of fire -related floating debris. Juris Doctorate —Wes tern State Lnivershy. College of Law C1'R / Iirst-Aid Trained B.S. —Safety & Sysletns MgtnL University Southern. California Incident Command System 100, 200 HAZWOPER 40-Hour Course CPR 1910.120 700 HA7WOPFR 3 Hour Refrct,her Rloodborne Pathogens CFR 1910.1030 City Council 26 — 93 6/15/2021 LONG BEACH / SAN DIEGO NATIONAL PLANT SERVICES, 114C. Speehdizinghr todm,' ueedifor en o/roenreurn/pr'nlrcrinu. 1461 Harbor Avenue w Long Beach, CA 90813-2741 w 562436.7600 a Fax: 562.495.1528 KEY PERSONNEL Dennis R. Keene — President National Plant Services, Inc., Long Beach, CA A Carylon Corp. Company Mr. Keene has been employed by the Carylon Corporation since 1972. He has been General Manager of National Plant Services. Inc. since 1981 and has been President since 1987. Mr Keene is responsible for coordinating Carylon Corporation efforts in the 11 Western Stales Mr Keene has performed and has been involved with all aspects of the business. He started as a Laborer and has been, at varying limes, Laborer, Technician, Operator/Foreman, Superintendent, Operations Manager and General Manager Mr. Keene has hands-on experience with every piece of equipment operated by National Plant Services, Inc and is NASSCO-certified. Mr. Keene has surveyed, bid and managed sewer cleaning and inspections projects for over 34 years in several Western States He has worked closely with cities and water and sanitary districts throughout California, New Mexico, Utah and Arizona in planning and performing sewer cleaning, closed circuit television inspection and pipe rehabilitation projects. He has a firm understanding of what cities and engineering firms expect from a specialty contractor and has the experience. Mr. Keene has been responsible for bidding and managing all work that National Plant Services has performed for the past 34 years. Mr. Keene has been the primary point of contact for the current and past contracts for sewer cleaning and CCTV inspections. Mr. Keene will be accessible in accordance with specifications: Office Phone' 800-44.5-3614 Cell Phone! 310-261-0970 Entail: f)ennis.Keenellationlolant.com &A-isp:26 &ndash;&nhsp;94 6/15/2021 &)I)Sp; OCERn BLUE ENVIRONMENTRL SERVICES. INC. Understanding of need 925 West Esther St. Long Beach, CA 90813 Ph: (562) 624-4120 Fx: (`)62) 624-412/ As the ChV's Current contracLor, we have a lull understanding, of what Lhe City expects. We know how to fully remediaLe any pollutanL discharges, and maintain the City's storm drain infrastruilin'e. phis section contains a step-by-step plans for the following scenarios: T.ower T.imil I Upper T.imil. S pills Above. Ground $ 1,000 ? 500+ (Depending on size of spill) Spills In 1'he SLornidrain System $ 3,000 10,000+ 1 size of sill) Maintenance Of Catch Basins $ 2,000 35,000+ (Depending on number of basins) Jetting $ 2,000 25,000+ (Depending on linear ft. chi line size) Flooding Emergency Rcs honse $ 2,000 10,0001 (Depending on extent of flooding) Additional step-by-step plans are available upon request. Lower I.imii I Llooer I.imii Spills In The Water Ways $ 3,500 10,000+ (Depending on size of spill) Abandoned Waste Pickup $ 600 1,000* (Depending on amount of waste) Scheduled Waste Pickup $ 1,500 4,000, (Depending on amount of waste Video C,)Tner;) Ins hectioo $ 1,000 2,500 De pending on imniber of lioe;)r feet) Contingency For Additional Work $ (100 1,000+ (Depending in additional work Culverl/B pass Cleaning $ 2,000 15,000+ (Depending nn linear feel) City Council 26 — 95 6/15/2021 �< LONG BEACH SAN DIEGO OCEfiCI LUE ENVINUNMEMIL SERVICES. INC. Spills Above Ground Agency calls Ocean Blue's office directly for a service request. This line is answered by an OR supervisor 24/7. Supervisor asks for logistics: Incihon, site contact, materi quantities, surface type, traffic control needs and available onsite Supervisor (who drives a response vehicle home) drives straight to the site location_ While in route, Supervisor dispatches technicians, additional materials and/or equipment Response time must be within 1-hour. If nccxled, Supervisor performs spill containment. Crew arrives. Don PPE. Conduct Tailgate Safety Meeting. Implement traffic control. PRFSSURF. WASHING METHOD Set up containment with sand bags at lower end If needed, spray bleach solution or simple green. Drum any solids that may impede pressure washer flow wash the area & recover vacuum equipment Prepare Docum( lhlYtion bills of lading-, label & work tickets BLFACI I / Al1OSIMEN1 METHOD Spray Bleach Solution to contaminated areas, and Walt 20 m1I1CItOS for solution to work Pick up contaminated bleach solution using scrapper, rags or absorbent Complete paperwork, obtain signatures and distribute copies to Agency Place them (including; scrapper) into D.O.T. container Transport bull: liquid to 1SDl' and solids to OB yard for later disposal to TSDF City Council f',Igc lU of 29 6/15/2021 UCEfifl�- "IULE Chemical releases in the storm drain mitIpPMfNrtll. rrrivltrr INC , Obtain information nanon o nI loc ition cleaning \ d system sire, area of decontamination & cleirung method y Moh,lire first team to spill site Ilascd on Spill site. Dctenuine Co,rlucl Toilple Sale. ly Mec tins �.,eeoa<tinh outtnll per dr<in m<p Implement Iiamc <untrul Mobilize sccond (cant (o ouuall (if necc7ssarv) Conduct 1 till, ate Safety Mcehnl, Confined space entry perm( Room off outfall <sress. I ay do,vn a bosorbenl and safety meeting I ads as additional containment Te;l iliun-phrre Willi If Fiona, absorb? contaminants Swrt('1, nut with q 4 gas mctct clean boom until all con Lannnants are abcnrobed �,��, '4 Vent systen, with into u,vc illy Leaveboom/pads for 1 `1dovs m case if cont,mmant ��. sife eoppus blower appears. Into rnutu ntly cheek boom ' Ws, tripod Willi duel winches If bourn is dirty if boom is clean W and enter system dispose ac.orc ingly 11 dispose. in trash FLLti1UNG PRFSSURF WASHTNG JFTTINC Mh 1 h10D MFTT TOD M L 1110D Set u, contannunent Set u, Contannuncnt with sand Setup c ontau,mrnt with -.and - I - I baps at dnWnsltcaln mid preaauie wash the aysteiu bags at duw nstre,m ....... .................. Begin flushing (use hot Inspection oC approval of Set up jettei at dOWr,3trea111 water if needed) """"""""' cleanliness by City and start high-pressure .............................. ......z, ,,...... VaCCuum release avater at Remove ronloinma,l... --. -- -- --. u,nranlmentlnc,hon (s.uuibals) Viccuumrufeawcwater Lit con[nnm<n t loc,hon Conlinuc Ilushu,n Tiansportand ottk+,d (ifnordcd) bulk l,qu,d at d, posit si Le C,nl mue lolling ,, ,,,,,,,,,,,,,,,, (if needed) �, T„nspoitSolids toORyord Innnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnni ,ndl,ter ISD1'dasj_,us-d nnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnni City Council Mail rnanitestcQJS�0] 6/15/2021 DTSC Pale 11 of 29 Maintenance of all City -owned catch basins Inspection: Obtain list of catch basins Coordinate logistics & scheduling with the City Dispatch necessary crew & equipment Safety meeting & donn PPE Crew drives predetermined route Inspect & photograph all debris, trash and dirt Inspect & photograph blocked inlets, outlets or 40% full of debris Inspect & photograph damages to diverter. collection device or insert Inspect & photograph damages to connector pipes and manholes Inspect & photograph any rodents Report to Maint. Div Inspect & photograph if stenciling is needed Complete/submit photos, reports, and Invoice nn media -foram- rl-vir Maintenance: Coordinate logistics for maintenance Obtain list of catch basins requiring maintenance. Dispatch crew & equip. Safety meeting & Don PPE. Wear puncture -proof gloves for "sharps" Clean/remove debris with 1000 cfm vacuum. Pressure wash CPS/ARS lean/remove basins with blocked inlet, outlet, or 40% full of debris Repair/replace damaged diverters, collection devices or inserts �an/repair connector pipes & manholes Replace stenciling per specifications nsport waste to local recylcing facility to reduce landfill conlribulion. Transport any Bio waste to appropriate TSDF. Photo & document accordingly Submit forms, photographs & invoice on media storage device 0 •: Pagc 12 of 19 6/15/2021 y~ 4 UCEfiCI�ULUE Hydro -jetting ENVIIINNMENTNL SERVICEM, INC. Obrrin list ut Srn•mwa r:r lines. upstream/d otirnstrcam manholes. Coordinate logistics & schedtding lcitll City. Cthlaill Slot tit wal01 till. inlormal ion, Ina IC•lial I.Vp(•. T I)itfrrcnt Icttcr head~ tam remove conartC, asphalt, „yy, Determine best Jotter -head for task. Determine it roots, debris, dirt, trash & sperfnnnln}, regular uru ntena rice v.s. unplula,},ul}+, aline. :md. - Ol Fill Hydro Je LLer with water. Dispatch crew & equipment Q-ew drives predethxmined rOutC. Safety meeting & don PPE. Setup Traffic control: b-offic comeslslgns, M10%,bnards, engluee•rirrg plaars. Frluilz h...... . iLh Srlup It 1. ilalion Jdlcr el ripen ,Iocvo pro Lecliol- manhole. fgLlip/posi Lion ICLLCr held. �t For Trench cleanings, walk along trench to inspect cleaning. 4* Provide ILA, lent lightim�. I I Herded, rondufL a pro -CCTV inspoeLinn LI, ,i iol for Iettrl/Vacturfur smaller diamerer pipes Sd uI, Varuurn_ I) l r ndinz, un Ir n„Ih of liar AILLIP 1LI11Iilel)L pll)e/hJ.ie Lo Il.ai Il ict S01,I]) down@I.ream .and hai' 10It1,1111 M 01) 1. I1151a1I prol)vr sized plugs using air minpressor (if neccssalv). Lower LhC 1" HydHl-JCL hose into LhC line. Open water valve, commence Hydro JeLring ConLinue to make Hydro -Jet passes until waLef is dear. Vacuum all waste. liansfei waste to disposal. tither to local15LF (IT on -site bin. Later dispose of bin solids/liquids. If accessible, position personnel at upstream manhole trr enure hose rearhe. de.ired dutanre_ It poaeible, perform confined space entry to .Qllllu insPed tho. line. '. I POSL CCTV Tn,;peeGon (il needed) City Council I Sullmit forms, reports, pR&cTgr9As & invoice. 6'agc I I of 29 6/15/2021 Flooding: Emergency Response Obtain information on flood location: System size Determine if bypass (manual retractable screen), culvert, catch basin (ARS/CPS), or if stormdrain line If Catch Basin, determine if it has ARS/CPS Using a shovel, remove debris within ARS so it can open, Remediates? If not, continue. If it has CPS, fool for debris. Dislodge potential blockage. Remediates? If not, continue. Feel for outlet pipe. Dislodge potential blockage Remediates? If not, continue. Go to downstream manhole to see If line is plugged there Mobilize team to flood site. CnnductTailgate Safety Meeting. Don PPE. bnplement Traffic Control (if necessary) Confined space entry per rnit & safety meeting. Test atmosphere with 4-gas meter (if necessary) Set up tripod with duel winches and enter the system (if necessary) Localize problem area If Storm Drain Line Detennine line size & type Determine best Jeuer head Hydrojet line upstream. (see flow chart for Jetting) Vacuum water out if neccessary Transport waste to bin, OB yard orTSDF Submit reports, photographs, Manifests to City If Culvert/bypass See if it has MRS (Manual retractable screen) Observe exiting water. Remove lodged debris from MRS Remediates? If not, continue. If too much water, divert water elsewhere using pumps. Remediates? If not, continue If not flowing, inspect sidewalk manholes. Localize problern area, Jet as necessary. City Cou 26 — 100 Pale 14 of 29 6/15/2021 OcEfln BLUE ENVIRONMENTRL SERVICES. INC. Relevant Project Experience & References 925 West Esther St. Long Beach, CA 90813 Ph: (562) 624-4120 I-X: (:)62) 624-412/ Lhmm below any/ onh/ lke following pages you will find o list 01-6 public agencies we serve. We delail the l ype of work-pcifooned for agcney, arid ZOO IfIVIle yo!1 to conlai l arn/ of Mee for I-eferetwe City of Santa Ana $350,000 / Ycor 2003—Present Contact: Craig Foster— Storm Watcr Coordinator 714.6475659 Address: 20 Civic: Center 1'1a7a, Santa Ana CA 92702 City of Camarillo 1 $170,000/ car 2017-Present Contact: Ieesica 011elette— StoYnl Water Pl'O ra,n Mana er 805_388.5391 Address: 601 Carmen Drive, Camarillo CA 93010 City of Perris 1 $180,000 / Year 2015 — Present Contact: Michael Morales — Capital improvements manager 951.956.2120 Address: 101 Norih U St., Perris CA, 92570 City of Irvine 1 $60,000 / ear 201E — PresenL Contact. Scott Frame—Streel Moinlenonce Su pervisor 949.724.7h33 Address: 6427 Oak Canyon, Irvine CA 92618 LACDPW 1 $ 3,500,000+ / year 1995 - Present Contact: Adriana Flores — Senior Civil 1 n Meer 626.458.7390 Address: 900 S. Fremont, Alhambra, CA 91803 L.A. World Airport (LAX) 1 $ 450,000— / year 2016 - Present Contact: I Ioward I Iornin — Maintenance. Su perintendent 424.646.7964 Address: 7301 World Way Wetit, Los Angelo-; CA 90045 City Council 26 — 101 6/15/2021 LONG BEACH s SAN DIEGG Pa ;, 15 of 29 City of Santa Ana Contract No. A-2017-156 Storm Drain Facilil y Cletmitig Services Contract Value: `I+350,000 / year Date: 2003 — Prescn t Contact: Craig; Poster Storm Water Coordinator Phone & Email: 714.047.5659 / ctosterre'santa-ana.org Address: 20 Civic Center Plaza. Santa Ana CA 92702 Summary: Catch Basin cleaning, bypass jetting, open channel maintenance, emergency floodinn and spill response City-wide Catch Basin Cleaning: Santa Ana has over 1,500 basins throughout the city. Twice a year, Ocean 13111e cleans out catch ha,ina_ Navigating city Streets — sometimes during traffic hours — requires careful planning_ For oddiliooal ease, O(eaI) Blue fabricated a smeller pressure washer/vacuum combination unit. Phis all -in -one unit is a class C vehicle with a gross vehicle weight of under 2(1,000 pounds equipped Fire Last year Occan Blue was dispatched to respond to a burned clown building. We quickly All of the fire suppressant water was contained in mulLiple Adler Lanks, wllich were later to disposed c& Bypass Jetting: Using our utility trucks & specialized Combination Vactorjetter, we. jet about 27 bypass and 180 CLIIVCrt- for debris, dirt & gravel. III order to effectively complete this scope of work, safety & traffic control arc essential. Many times, bypass cleaning requires lane/shoulder closures using, reflective cones & arrow boards. Trauma Scene (Biohazardous): For the I aSL 15 years Ocean Blue worked closely with the Santa Ana Folire 17epartmenl. We have responded Iu shootings, stabbings and fatal car accidents. There has been an increase in biohazardous call-ouLs because of and Al majority of fire 5u Page loof'_9 that it brin-s. Citv of Camarillo Contract No. 2018-43 Full Capture Storru Drain Inlet Trash Device Project Contract(s) Value: $170,000 / year Date: 2017 — Present Contact: Jessica Uuelette — Stormwater Prograrn Manager Phone & Email: 805.388.5391 / jessicaouellettetL"rraprofessionals.corn Address: 601 Carmen Drive, Camarillo CA 93010 Summary: Ocean Blue currently maintains 2 separaLe conLracLs for the City of Camarillo_ The first is for Connector Pipe Screen Installation, and the other is for On- Storrn Drain Catcll 1#rS111 Inspectimx and Maintenance Storm Drain Maintenance: TO 2019, Carnarillo decided to Switch their Catch Rosin maintenance contractor and signed agreement (MC-2019-4) wiLh Occan Blue. III IS 3-yea1, Agreement allowed Ocean Blue to inspect & Clean the thousands of city catch basins. To efficiently conduct the work, we use our in-house fabricated truck. At the end of each cleaning we submit reports/Picture~ for every the importance of these reports in regards to the City's pertnit compliance. CPS installation: For many years before signing this agreement, Ocean Blue has been installing small quantities of Connector Pipe Screen (CPS) units for Camarillo. After Lhe quanlilie3 Surpassed Lhe purchase order IirtiiLs, CorttarMo igotd agi-cein •nt SD-5032 with Ocean Blue. SL)-5032 gave Ocean Blue a contract for $70K solcly for the installation of CPS uniti. Emergency Response: Ocean Blue also responds to flooding issues during heavy rain events to mitigate flooded areas. Late last year, we. w at is important, we also uncR&-tailV f'agc 17 of 29 their City of Perris Contract No. FCGF 1-2016-17-02 Maitttetiatice of Catch Basins mid Stortn Drabi Systems Contract(s) Value: $180,000 / year Date: 2016 — Present Contact: Maria Arrcguin — NPDES Coordinator Phone & Email: 95 L657 28t1 Address: 101 North'D' Strcct, Perris CA 92570 Summary: Hydrodynamic Separator;, Clalch Basin Cleaning, ste_ucili-ug os needed, Hydrojettim,, Storm Drain Lines ranging from 4" — 8' X box eu Iverts Hydrodynamic Separators: Ocean BIue performs Storillwater Maintenance for the City of Perris. With over 32 separate Ilvdrodynamic separators within the City. We inspect/clean each one once a year- 1)urinti, in,pection, we open manholes to observe any floatables. Using a stadia rod we tneasure quantities of sediment located it the bollom of the I Iydrodynamic Separator- Like the City's catch basins, we perform inspections tr cleanings together. All reports are thounughly compleled indicalinganydamages and saeen tt,z _ $tl'il en ayes o remove lodged material if required). Catch Bain Cleaning: In aggregate, three Boles a year we clean 900+ catch basins for the City. To efficiently conduct the work, we uie our in-house fabricated truck. At the end of each cleaning we submit reports/pictures for every single basin. While the actual work is important, we also understand the importance of these reports in regards to the City's permit compliance. Hydrojetting: We also perform the city's liydrojetting services (120,000 LF). At the end of each event, we will submit CC1 V reports to aid in quality control. Right: Our in-house fabricated pressure washer/vacuum units arc cleanings 26 — 104 r',�;c 18 of 29 1 O� tRL U m City of Irvine Contract No. 1.07_1.5 Trades -Related Services .j Contract Value: $60,000 / year Date: 2018 — Present Contact: Scott Frame — Street Maintenaoce Supervisor Phone Bs Email: 949.724.7633 / slrarnef(rcityolirvine.org Address: 6427 Oak Canyon, Irvine CA 92618 Summary: Catch Basin cleaning, bypass jetting, open channel maintenance, Emergency Response (MoodinQ RespnnSz Spill Response), and trauma scene cleanups. City-wide Catch Basin Cleaning: F.very year Ocean Blue maintains 25o vetch Basins for the City of Irvine. This also involves inspections, documenting photos, and compiling reports- As of now, we are (-)nly cleaning; once a year, however the City i, deliberatil" about cleaning twice a year. Left: Crows of 2 technicians & an in-house fabricated vacuum truck/pressure washer can clean 40 - 70 catch basins a dad (depending on level impacted). Later, should the city decide, we. can install capture device.S to i25tlr1)70Wit1) MD4 permitting. Trauma Scene (Biohazardous): Our conLracL with Irvine allows the city Lo use Ocean Blue io order Lo respond to �Ihoolirrg3, 3t'lbbingSand fatal car accidents. Routine Waste Pickups: Ocean Blue performs Irvine's 90-day Hazardous W.iste pickups. Tbis evolves identifving, categorizing, packaging, transporting and disposal of several different hazardous waste streams. 111Cludiog Non-RCIZA hazardous waste solids & liquids, flanvnables and corrosives. Bypass Jetting: We will also do routing:/maintenance jetting for bypaasea & cu Ivorts for dobris, dirt & ,;ravel. In order tr_r effectively complete this scope of work, safety & traffic control are essential. Many times, bypass cleaning requires lAtl0khollHor ,Ines n-ati u3in� reflective concIMEW alboards. Pale 19 of 29 Los Angeles County Department of Public Works Contract No. 2017-AN014 As -Needed LmerXeacy Removal of Hrazrardous Mfaterifal Contract Value: $3,300,000 / Year Date: 199.5 - Present Contact: Adriana Flores -Civil Engineer Phone & Email: 626.458.7390 / aflorescr,dpw.lecounty.gov Address: 900 S. Fremont, Alhambra, CA 91603 Emergency Response: The Los Angeles County Department of Public Works (LACDPW), has the largest underground storm drain system in the world. For the last 25 years Ocean Blue has heen the single source contractor called upon to intercept any spills and/or illegal dischar-es into Lhis system. Ocean Blue has [lie fasLesL and rnoRL experienced HazmaL crew,, it) Sctuthenr California. Spills have included but are not limited to: factory fires, chemical leaks, milk spills, oil releases and painL spills_ Our staff is very familiar with the Cotmty's lavout of channels, storm drains and catch basins. Our Emergency Response Units are pre -stocked with containmeni materials, confined space entry Linn moru26 — 106 Waste Management: Every 90 days Our Crews visit the County's 50+ location; to colloct over 100 d rurn of hazardous waste. County yarns inchrde waste streams from the Road Maintenance Division, Operational Services Division, Headquarters and the rlOOd Maintenance DivieiOM We also pump the County's waste oil storage tanks & clarifier; on an as - needed basis. Homeless Encampments: Since the 2008 housing, crisis, southem California has had a surge in homeless encampments. Because of our specialty in handling hazardous wastes —bite hazardous (i.e. feces, urine, vomit, needles), oils, acids, aerosols —we now perform h O1nCICSs .encampment cleanups every day for the County. We. are omflilent A n,x hazardous Page 2U of '9 waste from III Los Angeles World Airt)orts Contract No. DA-5103 Stormwater Filter Inspection & Mainteii(mce �,,,� Contract Value: S1,750,000 /3-years Date: 2016 — Present Contact: Howard Horning— Airport Maintenance Superintendent Phone & Email: 424.646.7964 / hhorning(allawa.org Address: 7� 01 World Way West, Los Angeles CA 90045 Summary: Maintenance of Pump Stations, Concrete Structures, Clarifier~, Catcll Rosin~, Stormtilters, liydrodynamic Separators as well as Lmergency 12esp(ln;e and Ha7a1'dC)nS Wavle Monahernent for boll) LAX and Van Nuys Airports. Every 55 seconds an airplane lands/departs at LAX- Lxtrapolated, that is 1,587 landings/departues per dav, 600,000 landings/departures per year. T is t is a lot of runway rubber left on Lhe Larrnac LhaL filter; thrnu, h ,torm drain,. In order to comply with its MS4 permit, LAX requires cxLcnsivc storm waLer maintenance. Ocean Blue holds Lhe single source conlricl for 1.AX- With over 3,700 Contecll filters utilized throughout the Airport, Contech Filter Media cleaning: I.AX has I I Contecll filter vault', that are inspected ollce a yeah, Vin'ying ill size, these vaults are pressure washed once a year or sooner should in illicii discharne occur — Ali(] finally, each of these 3,793 Contech filters undergo a inedia replacement every 3-5 years or Sooner. Prior to our established 2016 contract, LAX Contech filter maintenance was never done. Upon first inspection we found significant arnounLs of sedirnerA on LOP of Ole filters, inlet & outlet ill each of the systenis. Occan Blue their conducted a large-scale media replacement operation per the manufacturer's recommendations. The waste undergoes onalvtical testing and is then hansportCd to an appropriate LAX has the largest 213rr"".7ter fillrabon system Ocrul Blue has ever seen. 6',1gc 21 of 29 transportation6/ls,5yrpppcl disposal Iacilil-y (fSDI'). OcEnnDcuc ENVIRONMENTRL SERVICES. INC. Scope of Services: Spill Response 925 West Esther St. Long Beach, CA 90813 Ph: (562) 624-4120 I-x: ()62) 624-412/ For the Iast 2�) Years, maxi/ Southern California's largest waste generators retied ma O,.ean Blue for omr waste rna?W, eCMent & enttrgenn/ rcr5honse cervices. We understand fhe Iviio-lerm liabihlies & risks assaclated with waste handlin,k, packaging, lransporlalwn, sforao recycling L'4 disposal of ha_arrlous and unn-brazardous ujasle. Uur lrusling relationships are udutl Gel n5 aprn t fnmt rompelikurs. On overage in the Southern California area, Ocean Blue responds to tour emergency HA7MAT situations every day. We are one of the most experienced & well-equipped emergency responders. Our pesoiuul are experienced in responding to spills on both land & water, while implementing traffic control according to the CVA'ICH handbook. I'hrouph the utilization of the most modern emergency response equipment and hiP,hly Irained personnel, Ocean Blue responds quickly & professionally to a Wide variely of erergency and non- emergeocy spill s luatioas. Ocean Blue is known for fort and exemplary service. Willi orae phote Coll, we will respond with a Supervisor & m w ioitlain (45) uinutes, to any situation, on Finch or water, 24 hours a day, Seam dmis n week. Ocean Blue is fully licensed and irained io categorize hazardous wastes. Once the waste is categorized, we then package & transport the waste to a dispossl facility. Some Of the wastes lVe manage include: ♦ Asbestos ♦ Ammonia solutions ♦ Polychlorinated Biphenyl's (I'CB) ♦ Crude fail • Lead • Sewage and other regulated wastes ♦ Fuels, gasoline, diesel ♦ Mercury ♦ 'Ireated wood ♦ Acids & Alkoluhes ♦ Oxidizers & Chlorine ♦ riohazardous Waste City Council 26 — 109 6/15/2021 LONG BEACH SAN DIEGO OCERn BLUE ENVIRONMENTRL SERVICES. INC. 925 West Esther St. Long Beach, CA 908113 Ph: (562) 624-4120 I-x: (:)62) 624-412i During a spill, time k Of the essence: initial containment is critical to spill Cleanup. To ensure we arc ahsvays ready to respond, our workforce employs the most 1 responder supervisors in Soutliern California. All supervisors core assigned their own utility truck (which they tolceliome). Supervisors respond directly to the spill site, not from Ucean Blue's yard —effectively streamlining response time. All our supervisors carry sandbags, sorbent materials, brooms and sliovels Lo assist in containing die spill. Our fleet of iledioated 1'1 responder Supervkor utility 1ruchs. 1 hcse Irucl(5 are assit;nerl to each supervisor (wlucb Hit talc,110MC) Clearance Access: In addition to performing emergency response in public right-of-ways, Ocean Blue. also responds to areas requiring bockgruund-check clearance. Below is a list of Clients and their respective required background protocols. There is no one single clearance that grants access to all the secure areas below.) ach agency requires Lheir own respective background check. 1. Los Angeles International Airport — LAY Badging 2. San Diego Regional Airport Authority— SDCRAA Badgin4 3. John Wayne Airport.— /WA lladaing 4. Llnitcd States Coast Guard — E=oerifiy 5. Burlington Northern Santa Fe Railway (BNSF) — E rail safe 6_ Port of Los Angeles, Long Beach and San Diego — ( l WTC) Card Record Keeping: Ocean Blue ensures proper documentation (written & photographs) for our clientele. All documentation is securely kept for a 3-year minimums. All manifesting and/or disposal paperwork will be properly recorded and sent to the appropriate regulatory agency. We can send before./after photos to respective agency staff. With our constant administrative control of the waste, clients will know the statue & location of the waste, from collection to disposal. We also regularly use E-manifests for our clients_ a Below: Ocean Blve news eoveraot, City Council 26 — 110 RIG R1G CRASH ON 101 FREEWAY LONG BEACH r',�;c 21 of 29 OCERn BLUE ENVIRONMENTRL SERVICES. INC. 925 West Esther St. Long Beach, CA 90813 Ph: (562) 624-41.20 I-x: ()62) 624-412/ Unidentified Waste in Public Right -of -Ways Our supervisors can catOgOrire unknown liquid/nnlids—in the field or during; a routine pickup. Once categorized, we package & tnunsport the waste to a local TSDI-. Our direct reading instruments arc 100% owned & properly - calibrated by in-house trained personnel. These instruments inclucle: • Mercur-v vapor,nrrly/crs, a Plf) meters • Amminua vapor analyzers, • 4-gas meters • Hydrirgen SulfideMOnilOrs • OVA Monitor • Intrinsically safe personnel monitors With these instruments readily available, we can ensure a timely response_ 1'urtlnermore, (tents Save money by not pJiving extra laboratory surcharges with high 24-hour tun LffOUnd costs. All of our Emergency Response Units contain a multi -step IIazardous Categorization KiL. Confined Space Entry: With years of field experience and the most l'Llrrent Safety ogLllprnt'.nt available, We provide a Safe, co.St-eiffeeti%e Confined space program. Confined SpaCC Cnn'ies rnaV pU9sess One Or all of the "big three" confined space hazards — oxygen deficiency, toxic materials, and fire/explosion conditions. We established a safety program in accordance with 29 CFR 192(i.21, 29 CFR 1010.146 and NIOSII 80-106 for identifying and evaluating confined spaces to determine acceptable entry conditions. Even our vacuum truck/hydro- letter equipment operators arc confined space entry trained, so that Lhey can Coordinate with underground crews effectively. Trauma Scene Cleanup: Blood spills and trauma scenes are every day occurrences for Ocean Blue. We work with Sheriff's departments and other law enforcement agencies to block off trauma scenes from the general public. Fronn sanitizing, to paperwork, to transportation, to decontaminalion, to disposal, Ocean Blue is your I.urn Ivey company for trauma scene cleanup;. We are fast, eificienl, discrete and cull effeetive. We service the City of Lung, reach, Orange Comity and Cal Trans all with 24/7 trauma scene cleanup services. Our Leams know Lo preserve Potential evidence -bullets & crime paraphernalia. We are trained to & rCDOrt anV 00tOntial evidOnCC r-naterial. LONG BEACH 'I 26 — 111 6/15/2021 Peg, 24 of 29 SAN DIEGO �., f' 925 West Esther St. �^ Long Beach, CA 90813 KIMBLUE Ph: (562) 624-4120 ENVIRONMENTRL SERVICES, INC. Fx: (562) 624-412i Scope of Services: Hazardous Waste Disposal Types of Waste: Ocean Blue is fully licensed, certified and trained to categorize hazarcicnts wastes. Once the waste is categorized we package & transport the waste to a disposal facility. Some of the wastes we manage include • Asbestos • Lead & Mercury • Crude oil • Chlorine. • Fuels, mineral oil, gasoline and diesel a Waste tires • Acids & Alkalines • 'Treated wood • FIectronicsnras10&1.ight(,ulbs • 131010giially11a7a1XIouswaste • P u 1 y c h 1 u r i 11 a 1 e d P, i p 11 e n y1 Sewag� AciiCcMi1 r regulated wastes We stay in business by selling excellent service, not by charging oxce99ivo disposA fool. Wo ere not owned by, nor own ,e TSDF; and therefore are not limited to transporting waste to any specifieTSDF. We can help our clients choose the best disposal or recycling facilities for their needs. In choosing an appropriate TSDF-, we consider lbe following: • C.'1 i e nt , s di S p o s al r e clui r • Disposal facility compliance & financial stability • Disposal methods offered • Facility inspection & audit results • Pricing Ocean Blue will always recommend the following disposal hierarchy in order of preference • Recycling • Treatment • Incineration • Landfill 1 ",rPl'„��', T (ft: PcrJorming the DTSC:-ntrutrlratol 90 day P q arc R A, b11I1/ I r %fir_ hazrardouS waste pickup for The T os An,eles C_uuuly of Public Works (T.ACDPW). T rm/ 90 days, we visil over QU T.ACT)PW yards to pickup F-znagle, Rcallcrurs T.r;lrtbulbs, Sharps. Oils, Acids, Oxidizers, Flammables and more / Council 26 — 112 6/15/2021 LONG BEACH SAN DIEGO Pia;, 25 of 29 OCERn BLUE ENVIRONMENTRL SERVICES. INC. 925 West Esther St. Long Beach, CA 90813 Ph: (562) 624-4120 I-x: (:)62) 624-412i A] 1 of o u r C l i e 11dt116fied, separated, consolidated & packaged into proper shipping conLainers. 11/asLe oil, oil lifters, used & mixed fuels, light -bulbs, electronic waste, batteries and Oily de}lrk Are sent to Ideal TSDFP; (preapprove(I by our waste router) for recycling. Once the waste area is cleaned, we replace the Coral. a i ne r s we) s L e 1 Abe accumulation statl elates. The proper ;forage & labeling of drums is vital to maintaining DTSC compliance. Additionally, Occan Blue removes used absorbent And replaces it with new absorbent material, pressure: washes the interior & exterior, rand tally possible rerrtailling stdirns in the viCinity. Transportation: We own & operate a fleet of California Air Resource Board (CARB) compliant transportation vehicles. (.)sir professinoal drivers are highly alualified and experienced in [he wa51e Lan portminn industry. In ddditiuil, our velric:les uaanprise erne of the arursi anodeir arnd well mairntairned trann.porhationlleets ire the environmental business. Dur fleet include the following types: • Finerl;ency IZesponse Lloits • VOCLAtio Trucks • Box Vans • 40 yd, 20 yd closed & open -top bins Remediatioo: Oceao Elsie has extensive experience .utd regularly provides the following method-9 of rcnlledna Llonl. • Dig & hALll • Internal Cnrnhurttinn unit • Thermal oxidizing units We. use both traditional renlediation methods and innovative Lechoiques to rerllove various coni,,mulants—including hydrocarbons, heavy metals, polychlorinated biptienyls, chlorinated solvents, non -chlorinated solvents and nercnuy. • Roll-nfl Trucks • Plat beck • Stake -bed Trucks • Utility Trufl<s City Council 26 — 113 6/15/2021 LONG BEACH SAN DIE60 r',�;c 21, of 29 -• -.... BLUE ENVIRONMENTRL SERVICES. INC. 925 West Esther St. Long Beach, CA 908113 Ph: (562) 624-4120 I-x: (:)62) 624-412i Scope of Services: Stormdrain Facility Maintenance Services and Flood response Our government clients always needed basic Stormwater services —whether hydro -jetting a line, or cleaning a c'atc'll basin—"llicll We always provided. But witllln t11e last decade Storm N,ater regulatinn ha; becorne. significantly more stringent. Our clients now needed a Bill -service Stormwater company to meet their operational needs. In an effort to better serve our clients, Ocean Blue invested & grew our Stormwater division. Now when clients need 33,000 feet of sLonn drain hydro -jetted, or 1,000 catch basins inspecLed & cleaned, or need (heir 32 Hydrodynarnic separators serviced regularly, Ocean Blue can provide these services at (lie same high level of prufessionalisrrn you expect. Additionally, when Clouding OeeufS, Our nuulieipal elientS can expect a response time of less than 1-hour. We will also perform more specific Stormwater maintenance services, such as the Stenciling of individual basins, procuring/repairing grates and trash capture devices, and more. City-wide Catch Basin cleaning: Ocean Blue cleans Over 3,500 Basins throughout various cities. Twice a year, Ocean Blue inspects every single basin and cleans basins Ihat areal least 40'7. innpacled. Navigaliog City slreel — SOmetimeS during traffic hottrS—regIIireS Cafefid planning. For additional ease, Ocean Blue fabricates smaller combination pressure-washer/vacutnn combination units. The -se all -in -one units are. class C vehicles with a ero54 vehicle aveight of under 26,000 pounds. Tn ,addition, our field technicians utilise smart tablets to report catch basins. In -field reporting ;4uuuuuu11P� (Citvwork City Council 26 — 114 6/15/2021 LONG BEACH SAN DIEGO r',�;c 27 of 29 ENVIRONMENTRL SERVICES. INC. 925 West Esther St. Long Beach, CA 90318 M: (562) 624-4120 I-x: (:)62) 624-412i Bypass Jetting: Using our utility truck do specialized letter Victor, we jet 27 bypasses and "IRO culverts for debris (i.e. dirt & gravel). In order to effectively complete thia Scope of work, safety & traffic control are essential. Many times, bypass cleaning requires lane/shoulder closures using reflective cones & arrow boards. Confined space entry protocol is also sometimes used. �'„ ," ;+� t" Donny itrstectiotrs z(,e found (In inlet fatly imparted with coticrete. We later enitiyated the problem urea by perfi)raning confined space entry/ and using heart ecluipnaent Hydrodynamic Separators: Ocean Flue currently lrolds Slornawoter rn,einlenance contracts fur various Southern California Cities. We currently maintain over So hydrodynamic separators, each of which are cleaned 3 times a year. During inspections we open manholes to observe any tloatables. Using a stadia rod we measure quantities of s e di menL 1 oc a L ed a t t he bot t om of t he Hyclr odynami inspections &cleaning, together (rather than on separate occasiow;)_ All reports are thoroughly Completed indicating any damages and screen conditions. We also report conditions of the inlcr/ouflcr sumps. Contech Filter Media cleaning and BMPs: Ocean Blue maintains Cnntceh-filter-vault-dcaning contracts all across southern California. Varying in si/o, these vaulty are pressure washed once a Year (or sooner should an illicit discharge occur). We are also familiar with biorctention units, binswales, drywells and other underground infiltration systems. Stormwater lift stations: We have extensive experience in providing lift Slalion on -call Services for the County and neighboring cities (vacuuming & rruanitori))g). Specifically for 5,1M i Ana, Ocean Pdue will work closely with Arnaz Engineering —the current lift station maintenance provider — to rneP.L City needs (electrical & mechanical repair) - Installatio n of Gates and BMPs Ocean Blue can uastall w,tom gates & trW) excluder devices like automatiC retractable ;c reen covers, connector pipe screens and/or ticx storm drain filter Fried on ccrecn length height, bypass height, we will custom fabricate screens for best fit. All devices are County approved. In addition, we can perform any city- marldated Stenciling while relrofilling catch basins. 26 — 115 6/15/2021 LONG BEACH SAN DIEGO Pa, ;, 28 of 29 OCERn BLUE ENVIRONMENTRL SERVICES. INC. 925 West Esther St. Long Beach, CA 90813 Ph: (562) 624-41.20 I-x: ()62) 624-412/ License Permit Description Exp. Date Local Information 31R3(i3-0001-0 City of Los Angeles Tax Registration Active BU94037860 City of Lon,; Beach Business License 2021-08-15 County of Los Angeles Public Health Permit Various (Sewage) 2021-0ti-30 State Information 709140 C'ahl'or•nia, Contractors State hceiwii hoard g , 2021-07 31 "A" (_moral Fnninccrin- 709140 Califomi;a, Cllratl"aetlla•j State I.icen3iog Board, 2021-07-31 IhIZ. Substance Removal & Remedial Actions California, Department of Toxic SUbstafrCes 33�4 Control Transporter Registration 21121-10-31 111486 California Department of California Highway 2021-09-30 Patrol'Iransportation License California Department of 1 ish & Camp I'186 ; Certificate of Financial Responsibility 2021 09 30 California, Department of Motor Vehicles 0119128 Motor Carrier Permit Non-17xpirmg California Department of General Services 9147 Office of Sme11 Piljjwe$$ C7el-Wication 11a 2021-1-1-30 C 7allforoia DeI a llnenl.of llldii fl irlal Relaons 1000002621 Registration 2022-06-30 3354 California, Deportment of ITealth Services Fvcr�rcx+n MediCdl Waste I Iauler RegistrantioNumber 44975 California, Department of Pesticide Regulation 2021-12-31 Business T iccnsc• 44975 66 C;alifonlia, Department of Public Health 2021-04-17 Trauma Scene Practitioner Registration California, Department of Resources Recycling 100 38°4 Recovery Registration 2021 1 ? .,1 Federal Information 117021 B. 50300BD U.S. Department of Transportation Hazardous 2022-116 30 Materials Certificate of Registration L.S. Department of Transportation USuO'f69(i231 Identification Number L vagrecn CAD983608258 U.S. Environmental Protection Agency Evergreen City Council 26— 116 6/15/2021 LONG BEACH SAN DIEGO r',�;c 29 of 29 ...................... Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) 7 o the CffY OF SANTA ANA 1)EPAK1'MENI' OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that ail statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California County of .......................... Subscribed and swom to (or alTrrmcd) before me on this day of , 20 , by _...... ___ _ proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. otary Public Signature Notary Public Seal Citx Council 26 — 119 6/15/2021 City of Santa Ana RFP 21-004 Page A3-1 CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 ❑ See Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-6 to be completed only by document slgner[s], not Notary) Signature of Document Signer No. f Signature of Document Signer No. 2 (if any) A notary public or other officer completing this certificate verifies only the identity of the individual who signed thedocument to which this cenlflcate Is attached, and not the truthfulness, accuracy, or validity of that document. State of Californla Subscribed and sworn to (or affirmed) before me „i County of s.- 7�:s Lu _ on this .. _ day of 20 ." F � . by Date Month Year tl) 1 WENaY L17BETH MEIIA (and (2) Nytary public California NamefsJ of Signerfs) Los Angeles County kr. Commissmn o ilot 11a proved to me on the basis of satisfactory evidence to My[ome. EXPVC,A.,g u. zn13 be the person(s) who appeared before me. Signature (.- �_ " _ Place Notary Seal and/or Stamp Above Signature of Notary Public _ OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document f Title orType ofDocument! �r'k/ Number of Pages: Signer(s) Other Than Named Above: s.,.r (c)2017 National Notary Association City Council 26 - 120 6/15/2021 Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an otticer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the malting of any federal grant, the making of any tederal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated finds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shal I require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm Ocean Blue Environmental Services, Inc. Signed and Printed Name: Justin Lee Title General Manager Date 03/29/2021 City of Santa Ann RFP 21-004 Page A3-2 — ......... ......... .................... Appendix ATTACHMENT 3-3. NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Constaltant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisc7ncnts for employees placed by or on behalf of Elie Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. T The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted City of Santa Ana RFP 21-004 Page A3-3 by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of'Exet utive Order 11246 of Septernber 24, 1905, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 142.0, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Justin Loe, General Manager Firm: Ocean Blue Environmental Services, Inc. Date: 03/29/2021 City I Santa Ana KPP 21-004 Page A34 OcEnminkOHLUE ENVIRONMENTRI. SERVICES. INC. PREFERRED RATES FOR CITY OF SANTA ANA EFFECTIVE. APRIL 1, 2021 DEFINITIONS Straight l-ime: Monclay through Friday, li-om 7:00 AM to 4:00 1'M Overtime: Monclay tlurough Friday, before 7:00 AM and alter 4-00 PM, and all day on Saturdays Premium Time: Sundays, Following TTolidays and after 12 hi, of work HOLIDAYS OBSERVED Neu Year's Day I abor Day Martin Luther King, tr:'s Birthday Presidents Day Veterans Day Memorial Day Fourth of July Thanksgiving Day Day after Thanksgiving Columbus Day C111'istuirs T)ay MINIMUM CHARGES Four (4) hour minimum charges will apply to all call outs_ Portal to Portal rates apply - Time charges include personnel, equipment and materials for preparation, mobilization. travel to and tiom site, demobilization, decontamination, transportation and unloading- DISPOSAT ANT) OUTSIDE COSTS All disposal, services, non -heavy cquipmen[ Ml[als, and materials not on the rate S11CC1 will be billed a1 cos[ plus a ten percent (10u��) handling charge. Heavy equipmcm rcmal will Lie billed at cost plus ten percent (10%) handling charge clue to higli liability cost- PREVAILINCWAGE An additional SIO pa' hour will he added Lo personnel and equiprncnL with OPcratOr rates PAYMI-A l I F[ZM All terms are net lorry live (45) days upon receipt of invoice, unless previous amingemctuls Ci y TOOuncl I c v—'11-014 6 1 72021 ocinn BLUE ENVIRONMENTRL SERVICES. INC. ,. WASTE -TRAINED STRAIGHT OVER- PREMIUM CLASSIFICATION TIME TIME TIME PROJECT MANAGER 99.27 118A4 169.02 SUPERVISOR 99.27 118A4 169.02 CHFMIST / INDUSTRIAI HYGIFNIST 99.27 11,9A4 169.02 LEAD TECHNICIAN 62.10 87.84 114.57 EQUIPMENT OPERATOR 62.10 87.84 114.57 TECHNICIAN 62.10 87.84 114.57 ALL PERSONNEL HAVE AT A MINIMUM. 40-HR HAZ-WOPER TRAINING AS SPECIFIED BY 29 CFR 1910.120 2. CERTIFIED HAZARDOUS WASTE TRANSPORTATION VEHICLES HOURLY RATE UTILITY TRUCK 4X4 WITRAFFIC CONTROL LIGHTS & LIFTGATE 54.45 GEAR TRUCK W/ LIFTGATE 54.45 EMERGENCY RESPONSE UNIT- LARGE 252.99 EMERGENCY RESPONSE UNIT- SMALL 175.68 CREW VAN 47.70 BOB CAT W/SOLID TIRES 59.22 VACUUM TRAILER- 20 BBL 59.22 VACUUM TRUCK - 70 BBL W/ ROPER PUMP* 145.17 VACUUM TRUCK- 120 BBL* 166.14 VACUUM TRUCK - 120 BBL STAINLESS STEEL* 188A0 AIR EXCAVATOR' 145.17 HYDRO EXCAVATOR' 269.28 OMNI VAC - 85 BBL` 269.28 JETTER / VACTOR COMBO UNIT* 269.28 ROLL -OFF TRUCK* 145.17 ROLL -OFF TRUCK AND TRAILER* 166.14 DUMP TRUCK- 10 WHEEL` 102.15 TRASH COMPACTOR' 202.41 25' BOX VAN* 102.15 45' BOX VAN* 118.44 45' FLAT BED* 118.44 25' EQUIPMENT TRAILER 38.16 STREET SWEEPER 95.49 DENOTES EQUIPMENT INCLUDING OPERATOR. THESE WILL BE CHARGED AN ADDITIONAL $29.00 PER HOUR FOR OVERTIME AND $39.00 PER HOUR FOR PREMIUM TIME. 3. RESPIRATORY / CONFINED SPACE ENTRY EQUIPMENT SELF-CONTAINED BREATHING APPARATUS (30 MIN.) 14(.96 DAILY 6-PACK BREATHING AIR BOTTLES 296.91 DAILY 5-MINUTE EGRESS AIR BOTTLE 42.03 DAILY TRIPOD W/DOUBLE WINCHES 265A1 DAILY FULL BODY HARNESS W! SHOCK ABSORBER 38.18 DAILY Citf tFLM�iPLOWER 26 - 125 214.83 1M"021 PAGE 2 OF 6 ocinn BLUE ENVIRONMENTRL SERVICES. INC. APRIL 1, 2021 PREFERRED RATES FOR THE CITY OF SANTA ANA 4-GAS AIR MONITOR 325.62 DAILY PID METER 450.63 DAILY MERCURY VAPOR ANALYZER 564.30 DAILY OVA MONITOR 394.38 DAILY PERSONAL 4 GAS METER 269.28 DAILY ELECTRIC BLOWER 86.85 DAILY 4. TRAFFIC CONTROL ARROW BOARD 241.56 DAILY PORTABLE DECON STATION WIARROWBOARD 322.74 DAILY BARRICADES W/ REFLECTORS, EACH 35.37 DAILY DELINEATOR/REFLECTIVE, EACH 1.89 DAILY NO TURN RIGHT OR LEFT SIGNS, EACH 17.19 DAILY TRAFFIC CONE/REFLECTIVE, EACH 2.88 DAILY TRAFFIC CONTROL SIGNS 48"X48"/REFLECTIVE 40.14 DAILY 5. CLEANING EQUIPMENT AIR COMPRESSOR 45.81 HOURLY CHEMICAL DIAPHRAGM PUMP 338.94 DAILY f)FCONTAMINATION STATION 231.03 DAII Y DIAPHRAGM PUMP 242.55 DAILY SUCTION/DISCHARGE HOSE (PER FOOT) 0.99 DAILY LAYFLAT HOSE (PER FOOT) 0.99 DAILY HYDROBLASTER 84.96 HOURLY INTRISICALLY SAFE PUMP FOR FUEL TANKS 118.44 DAILY STEAM MACHINE 1,000 PSI 22 GPM 76A1 HOURLY STEAM MACHINE 3.500 PSI 6 GPM 65.88 HOURLY ENGINE DRIVEN PUMPS 556.20 DAILY PORTABLE TRASI I PUMP 226.26 DAILY SUBMLRSIBLL PUMP 200.52 DAILY AIR SCRUBERS PORTABLE 188.10 DAILY HEPA FILTERS FOR SCRUBBERS 140A0 EACH 55 GALLON CARBON SCRUBBER FOR VAC TRUCKS 214.83 DAILY 3 STALL DECONTAMINATION SHOWER 322.74 DAILY 6. PORTABLE STORAGE UNITS 20-YARD BIN. OPEN TOP 27.72 DAILY 20-YARD BIN, CLOSED TOP 33.39 DAILY 40-YARD BIN, OPEN TOP 27.72 DAILY 40-YARD BIN, CLOSED TOP 35.37 DAILY 4" TANK MANIFOLD 20.97 DAILY BIN LINERS 57.33 EACH 7. OIL SPILL EQUIPMENT 20' DRUM & SUPPLY TRAILER W/ 4' SIDES & 12,000 GVW 226.26 DAILY BOOM TRAILER (STANDBY) W/ 1500' OF 8"xl2" BOOM 169.02 DAILY Y City Council 26 - 126 6/15/2021 PAGE 3 OF 6 ocinn BLUE ENVIRONMENTRL SERVICES. INC. APRIL 1, 2021 PREFERRED RATES FOR THE CITY OF SANTA ANA BOOM 4"xl2" (DEPLOYED) 0.99 PER FT/DAY 22' TOW/SPILL CONTROL BOAT W/ 200 HP MOTOR 145.17 HOURLY 22' x 8' SELF POWERED BARGE 97.38 HOURLY 19' TOOL SPILL BOAT W190HP 97.38 HOURLY 17' TOW/SPILL CONTROL BOAT W/ 40 HP MOTOR 81.18 HOURLY 14' TOW/SPILL CONTROL BOAT W/ 25 HP MOTOR 63.99 HOURLY 12'PUNTS 38.16 HOURLY 12' PUNTS W/ 5HP MOTOR 4770 HOURLY SPLASH ZONE 2-PART SEALER 177.57 PER GALLON 25 LBS ANCHORS W/ 15' CHAIN 16.20 DAILY 15 LBS ANCHORS W/ 10' CHAIN 11.43 DAILY 2�"BOEYS 16.20 DAILY EMERGENCY RESPONSE TRAILER 507.96 DAILY ROPE MOP SKIMMER 169.02 HOURLY DRUM SKIMMER TDS-136 W1 POWER PACK 226.26 HOURLY SKIM-PAK SERIES 4000 W/ CONTROL SYSTEM 68.76 HOURLY SKIMMER TRAILER 226.26 DAILY ABSORBENT BOOM TRAILER 169.02 DAILY ATV (ALL TERRAIN VEHICLE) W/TRAILER 295.02 DAILY FORKLIFT TRAILER 10&92 DAILY 10 GALLON DO I DRUM, S I EEL 54.45 EACH 15 GALLON DOT DRUM, POLY 54.45 EACH 16 GALLON DOT DRUM, STEEL 54A5 EACH 20 GALLON DOT DRUM, STEEL 57.33 EACH 30 GALLON DOT DRUM, POLY 57.33 EACH 30 GALLON DOT DRUM, STEEL 57.33 EACH 5 GALLON DOT DRUM 20.07 EACH 55 GALLON DOT DRUM, POLY 6&87 EACH 55 GALLON DOT DRUM, STEEL 65.88 EACH 55 GAI I ON DOT DRUM, RIO 42.93 FACH 85 GALLON DRUM, OVERPAK, STEEL 241.56 EACH 95 GALLON DRUM, OVERPAK, POLY 241.56 EACH ACID SPILFYTER NEUTRALIZER PER GALLON 84t6 EACH BASE SPILFYTER NEUTRALIZER PER GALLON 84.06 EACH BIO-SOLVE (HYDROCARBON ENCAPSULANT) 40.14 PER GALLON BLEACH 477 PER GALLON CHEMICAL POLY TOTES 348A8 EACH CHLOR-D-TECT 04000 20.07 EACH CITRI-CLEAN, 55 GALLON 902.34 PER DRUM DIESEL FUEL (EQUIPMENT) 5.76 PER GALLON DRUM LINER 2.88 EACH DUCT TAPE 6.66 PER ROLL FACE SHIELD 14.31 EACH HAND AUGER 94.50 DAILY HEPA VACUUM FILTER PROTECTORS 21.96 EACH City CouncT - - - - - - - - 26 - 127 - - - 671572021 PAGE 4 OF 6 ocinn BLUE ENVIRONMENTRL SERVICES. INC. APRIL 1, 2021 PREFERRED RATES FOR THE CITY OF SANTA ANA OIL SORBENT POM POMS 62.10 PER BALE PLASTIC BAGS 81.18 PER BOX PLASTIC SHEETING 81.18 PER ROLL RAGS, 50 LB BOX 73.53 PER BOX ROPE 1/2 POLY, 100' ROLL 35.37 PER ROLL ROPE 5/8 POLY, 100' SPOOL 40.14 PER ROLL SAMPLE JARS - 1 QT 14.31 EACH SAND BAGS 178 EACH SHRINK WRAP 33.39 ROLL SIMPLE GREEN 14.31 PER GALLON SODA ASH 6.66 PER GALLON SORBENT BOOM W/JELLING MATERIAL 150.63 PER BALE SORBENT BOOM, 8"x10" 59.22 EACH SORBENT PADS 18"x18"x1/4" (200/BALE) 97.38 PER BALE SUPERFINE, 25 LB BAG 20.07 PER BAG TRIWALL BOXES 169.02 EACH VACTOR FLEX HOSE 4" 1.89 PER FOOT VACTOR FLEX HOSE 6" 2.88 PER FOOT 9. TOOLS AND OTHER EQUIPMENT BIO-HAZARD "BLOOD" SPILL KIT 112.68 EACH BOAT HOOKS 3'-9' TELESCOPING 7.65 DAILY BOBCAI SWEEHERAI IACHMEN1 238.68 DAILY CHEST WADERS 66.87 DAILY 14 PORTABLE GAS POWERED ABRASIVE SAW 161.37 DAILY COM-A-LONG - 4000 LBS 6.66 DAILY CUTTING TORCH 16326 DAILY DRUM SAMPLING ROD (GLASS) 7.65 EACH DRUM VACUUM - 55 GALLON 129.87 DAILY EXTENSION LADDER 14.31 DAILY EYEWASH STATION 35.37 DAILY FIRF PROTFCTION SUIT (1500 DFGRFF PROTFCTION FACTC 741.56 DAII Y FORK LIFT 238.68 DAILY GENERATOR, 10KV TRAILER MOUNTED 38.16 HOURLY GENERATOR, 5500 WATTS 134.64 DAILY HAND TOOLS 57.33 DAILY HAND WASHING STATION 54A5 DAILY HAZ-CAT KIT 21.96 PER TEST HEAVY DUTY JETTER NOZZLES 255.87 DAILY I ICPA VACUUM (DRY) 169.02 DAILY HIP WADERS 57.33 DAILY HUDSON SPRAYER 21.96 DAILY JACK HAMMER 90 LBS 134.64 DAILY LIFE JACKETS 17.19 DAILY LIGHT STAND (2 BULBS) 40.14 DAILY LIGHT TOWER (4 BULBS) 322.74 DAILY City Council -- 26 - 128 6-/15/2021 PAGE 5 OF 6 ocinn BLUE ENVIRONMENTRL SERVICES. INC. APRIL 1, 2021 PREFERRED RATES FOR THE CITY OF SANTA ANA MERCURY VACUUM 564.30 DAILY NON -SPARKING COLD CUTTER / RIVET BUSTER 10&92 DAILY NON -SPARKING COLD CUTTER TIPS 3139 EACH PER DIEM ALLOWANCE ON TRAVEL 177.57 DAILY PICKS "MINERS" 2.88 DAILY PLUG & DIKE, 1 LB CAN 27.72 EACH POLY SIPHON (POGO) PUMP 20.97 EACH PORTABLE RESTROOM W/SINK 169.02 DAILY PROFILING FEE (PER WASTE STREAM) 84.96 EACH RADIO 2-WAY, INTRINSICALLY SAFE 44.91 DAILY SAWZALL 89.73 DAILY SKIL SAW 40.14 DAILY STEEL SPIKES, 36" 5.76 DAILY TRANSFER HOSES. 1 - 4" 4T70 DAILY TRUCK RAMPS (30,000 LBS) 322.74 DAILY VAPOR TIGHT DROP LIGHTS 169.02 DAILY VENTILATION FAN 129.87 DAILY WATER METER 282.60 DAILY WATER TANK TRAILER W/ PUMP 381.96 DAILY DRUM DOLLY 26.73 DAILY LEVEL "A" - FULLY ENCAPSULA I ED GAS -I IGH I SUI I WITH SCBA 536.58 PER SET LEVEL "B" - POLY-TYVEK THROUGH FULLY ENCAPSU- LATED SUIT, BUT NOT GAS TIGHT WISCBA 169.02 PER SET LEVEL "C" - TYVEK THROUGH SARANEX SUIT W/ AIR PURIFYING RESPIRATOR 73.53 PER SET LEVEL "D" - TYVEK, POLY-TYVEK, COVERALL OR RAINGEAR SUIT WITH GLOVES, BOOTS, HARDHAT AND SAFETY GLASSES 35.37 PER SET City Council 26 - 129 6/15/2021 PAGE 6 OF 6 Appendix ATTACHMENT 4 CONTRACT COMPARISON FORM RFP NO. 21-004 SPILL RESPONSE, HAZARDOUS WASTE DISPOSAL, AND STORM DRAIN FACILITY MAINTENANCE SERVICES Proposers shall complete this form and include it as part of the fee proposal. This form will be used for fee comparison purposes only. LABOR RATES OF CONTRACTOR PERSONNEL= Classification Hourl - Rates Straight Time User -Time Premium Time Project Manager 99.27 118.44 135.54 Stl eriltinr 9927 11A.44 135.54 Chemist/Industrial Hygienist 99.27 118.44 135.54 Lead Tcclmiclan G2.10 87.84 114.57 LC ui ment Manager 62.10 87.84 114.57 1 echnicnlll 62.10 8/.84 114.b/ All personnel shall have a minimum of 40 hours 11AZ-WOPER training as specified by 29 CFR 1910-12o_ NOTE: Straight 'lime" Monday through Friday. /i-om 7: 00 am io 4: 00 pm. Over time: Monday through Friday. hejbre 7: 00 am and after 4: 00 pm, and all clay Saturday. M otwarn Time: ,Sunday;, Ciry Holiday, and alter 12 hortrc of work_ City Council 26 — 130 6/15/2021 City of Santa Ana RFI' 21-004 Page A4-1 AGREEMENT TO PROVIDE SPILL RESPONSE, HAZARDOUS WASTE DISPOSAL, AND STORM DRAIN FACILITY' MAINTENANCESERVICES 'I'IIIS AGRFI:VIFNl' is madeand entered into this 15"' dayofJunc, 2021 byand between United Storm Water, Inc. (" Consullant"), and the Cily of Santa Ana, a charley city and municipal corporation organized and existing under the Constitution and laws of the State of Calilornia RECITALS A. On March 4, 2021, the City issued Request for Proposal No. 21-004, by which it sought qualified consultants to provide spill response, hazardous waste disposal, and storm drain facility maintenance set -vices for the Cit_y's Public Works Agency. R. Consttllanl submitted a responsive proposal Ilia( was anxnn4 Ihose selected by the City. C'onsullant represents that it is able and willing to provide file services described in the scope of work that was included in RIP No. 21-004. t:. In undertaking the performance of this Agreement. Consultant represents that it is knowledgeable in its field and that any sevices pa-formcd by Consultant underthis Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting lirtn in the field. NOW 'I H F1kEF'OIiF, in consideration of the mutual and respective promises, and subject to the teens and conditions hereinafter set forth, the parties agree as follows- 1. SCOPE OF SERVICES Consultant shall perform the services described in the scope of work that was included in RFP No. 21-004, which is attached as Exhibit A, and as more specifically delineated in Consultatil's proposal, which is attached as Exhibit B and incorporated in full. 2. COMPENSATION a. City agrous to pay, and Consultant a Tccs to accept as wutl payment for its survives provided under RPP No. 21-004, the races and charges idcncitied in Lxhibit C. The total aturual amount to be expended under this Agreement shall not exceed `F:350,000 during the term of this Agreement, including any extension periods. b. Payment by City shall be nnade within forty-five (45) clays follo"ing receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. City Council 26 — 131 6/15/2021 Pagc 1 of8 3. TERM. This Agrectnau shall commerce on the date first written above and terminate on June 14, 7074, unless terminated earlier in accordance with Section 17, below. l'hc term ofthis Agreement may be extended for one 2-year period upon a wriling execuled by the City Manager and Oily Anoroey. 4. PREVAILINC: WAC:ES Consultant is aware of the requirements of California Labor Code Section 1720, et seq_, and 1770, ct scq_, as well as Califomia Cock of Regulations, Title 8, Suction 16000, et scq_, ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services Living performed arc part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the Cowl compensation is $1,000 or more, Consullanl agrees to fully comply with such Prevailing Wagc Laws. Consultant shall dccnd, indenmify and hold the City, its elected officials, otticors, employees and agents free and harmless Hiatt any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Consullant shall, during tic cutire term of this Agrecrncut, be Construed to be au independent contractor and not an employee ofthe City. 'this Agrccnnent is not intended nor shall it be construed to create an employer -employee relationship, a joint venutre relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant potions true services which arc the ;ul)icct matter of this Agrccmcnt however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards aid regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unennploynnent insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes_ 6. OWNERSHIP OF MATERIALS Thin Agreement creates a non-excusive and perpelual license lie City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intcllecural property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or other mse recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agrecnnent (::Documents & Data"). Consultant Shall require all SUbco113nha11l3 to agree in writing that City is granted a 11011-CAC1n31vC. and perpetual license for au_y Documents & Data the subconsuhant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all DgCumennt5 & Dala. Consultant maker no such represemation 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 Agrccmcnt shall be at City's sole risk. City Council 26 — 132 6/15/2021 Pagc 2 o I' 8 7. INSURANCE Prior to undertaking performance of work under this Ag eenett, Consultant shall maintain and shall require its subcousultants, it any, to obtain and inaintain insurance as described below: a- Commercial General Liability Tnsuranc.e. Consultant shall maintain commercial gcncral liability insurance naming. the City, its otficcrs, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or oCcun-cncc arising out of Consultauu's operations in the perforntancc of this Agreement, including, without limitation, acts involving vehicle;. The amounts of insurance shall be not less than the tollowing: singlc limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of'$1,000,000 per occurrence, with $2,000,000 in the aggregate. Such instu-anec shall (a) name the City, its officers, employees, agents, volunteer", and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the Ciry; and (c) contain standard separation of insureds provisions. b- Bwdness automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 Per occun-eneC- Suclr insurance shall includC coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance In accordance with the California Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability li>r worker's compensation or to undertake self-insurance. Prior to ecnnnrencing the performance of the work under this Agrccmcnt, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than x1,000,000 per accident. d. UConsultant is or employs a licensed prol'cssional such as an architect or engineer - Professional liability (errors and omissions) insurance, with a combined single limit of not Ices than S1,000.000 per cInfill with $2,000.000 in the aggregate. e- The Hollowing requirements apply to the insurance it) be provided by Consultant pur3uant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of instn-anec shall be famished to the City upon Cxccution of this Agreement and shall be approval by the City. (iii) Certificates and politics shall slate that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by Consultant, willhout thirty (30) days prior written notice to the City. (iv) Consultant shall supply City with a fully executed additional insured endorsement. City Council 26 — 133 6/15/2021 Pagc3 ol'S I- If COnsttltanl fails or reluses to produce or maintain the insurance required by this section or Iails or refuses to furnish the City with required proof that insurancc has been procured and is in force and paid tor, the City steal I have the right, at the City's election, to lorlhwilh lerminale this Agreement. Such lermination shall nol allert Consultant's right to be paid fin- its time and materials expended prier to noti lication of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. 1NDEMNIFICA HON Consultant agrees to defend, and shall indemnity and hold harmless the City, its officers, agents, employees, Consultants, special counsel, and representatives tiom liability: (I ) for personal injury, damages,just compensalion, restiurtion, judicial or equitable relied arising oul ofclaims fur personal injury, including death, and claims lirr property damage, which may arise liom the negligent Operations of the Consultant or its subconsultants, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or cquitablc relief is due by reason of thee tenors of or effects arising from this Agreement- This indemnity and hind harmless agreement applies to all claims for dawagcs, just cornpcnsatiun, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events refcn'cd to in this Suction Or by reason of the terms ot, or effects, arising from this Agreement The Consultant lurlher agn-ees to indemnil'y, hold harniless, and pay all costs I'or the defense of the City, including fees and costs Ior special Counsel to be selected by the City, regarding any action by it third party challenging the validity of this Agreement, or asserting that personal injury, damages, just eonrpcnsation, restinttiott, judicial or cquitablc 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- Nolwithstanding the lorcgoing, to the. CXICnt Consultant's services arc subicct to Civil Code. Section 2782.8, the above indemnity shall be limited, 10 the CXICm rcquircd b-y Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willfill misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICA'I ION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, represenrrtives, and employees aVainst any and all liability, including costs, and attnrney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultatn to the City pursuant to lhis A_grecsttcnt- 10. RECORDS Consultant shall keep records and invoices in connection with the work to be perlonmed under this Ag,recmcnt. Consultant shall maintain complete arld accuratc rccords with respect to the costa incurred underthis Aercemcnt and any services, expenditures, and disbursements charged to City Council 26 — 134 6/15/2021 Pagc 4 of 8 the City for a minimum period of three (3) years, or for any lon3cr pa-iod required by law, fi-onn the due of final pa-ytnenl to Consultant under this Agreement- All such records and invoices shall be clearly ide tilinble. Consultant shall allow a represeitative 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 float the date of final payment to Consultant under this Agrccnrcrrt. 11. CONFIDENTIALITY Tf Consultant receives from the City information which due to the nature of such infotntation is reasonably understood to be confidential and/or proprietary, Consulant 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 hnRnrnnation" shall include all nonpublic information. Confidential infirrnnatiun includes not only "titre, information, bill also intormatiim transferred orally, visually, clecuonically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the outer part-v is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has bean disclosed in publicly available sotu-ecs; (b) is, tlu-ough no fault of the Consrdtull disclosed in a publicly available sotu-cc; (e) is in rightful possession of the C0113uhar1l without an obligation of confidentiality: (d) is required to be disclosed by operation of law; or (c) is independently developed by the Consultant without reference to information disclosed by the City. 12. CON FOFI OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing, and shall be deemed to be properly given if delivered in petsnn or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: (714) 647-6956 City Council 26 — 135 6/15/2021 Pagc 5 ul'8 FVCCLLtivc Director Pmbhe Works Agency City ol' Santa Ana 20 Civic Centpr' Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 To Consultant: United Stornr Water, Inc. Attn: Eduardo Perry, Jr. 1 1000 F Valley Blvd City of Tndustry, CA 91745 Fax: (626) 961-3166 A party may change its addres3 by giving notice in writing to the other party. 'I'hercafter, airy communication shall be addressed and u-ansmilted 10 the new address. 11'sent by mail, contnuuiication shall be cllcclive 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 untefrantes, weekends, federal, state, County or City holidays shall be CXChlded- 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant rcgarding the subject mattes herein, and supa-scdcs any and all other agrcctncrtts, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and arry 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 all authorized representative of Consultant. The parties agrec that any tams or conditions of an-v purchase order or other instrumcm that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. liach party to This Agreerent acknowledges that no representations, inducements, promises or agreements, oral ly or otherwise, have been made by any party, or anyone acting on behal f of ally party, which are not embodied herein. 15. ASSIGNMENT hursnnrch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any intca-cst hC7eilr without tlrc prior written consent of the City and any such assignment, transfer, delegatiotr or subeontracl 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 Lilly of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. City Council 26 — 136 6/15/2021 Pagc 6 ol'8 16. WAIVER No waiver ol'breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agcement shaI I 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 waivcr constinttc a continuing waiver unless the writing so specitics- 17. TERMINATION This Agrccmcnt may be terminated by the City upon thirty (30) days written notice of tennination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all scrviccs performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition ol'such payment, the EXCCutivc Director may require COrrStdtant nr deliver to the City all work product completed as of such date, and in such ease such work product shall be the property of the City unless prohibited by law, and ('onsultai t consents to the C'ity'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 pertormancc specified in the Recitals of this Agrccmcnt. Is. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utili7ation, promotion, termination or Odle cmployrmcm related activities or in connection with any activities under tilt, Agrccmcnt. Consultant affirms that it is all equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION -VENUE This Agrccmcnt 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- Roth parties further avree that Orange County, Cali li» iiia, shall be the, venue for any action or procecdinu drat may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Consultant shall, throughout the tern ol'this Agreement, maintain all necessary licenses, permits, approvals, waives, and exemptions necessary tiff dic provision of ilic scrviccs licicundc and required by the laws and regulations of the United States, the State of California, the City of City Council 26 — 137 6/15/2021 Pagc 7 of* 8 Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain Stroh permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of -this Agreement. 21. MISCELLANEOUS PROVISIONS a. leach 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 w power is riot, in f aet, held by the signatory or is whlidrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fitly set forth in the body of this Agru-ment- IN W 1TNLSS WIi1;RROF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: DAISY GOMF/ Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney (� %K'. T .--k. BY: —( k n M. Funk Sr. Assistant City Attorney RECOMMENDED FOR APPROVAL NARIL, SALSA, PF Lxecutivc Director public Works Agency CITY OF SANTA ANA KRISTIN]. RIDGE City Manager CONSULTANT NaEduardo rdo Perry Jr. Title: President Page 8 of 8 4ubsp; C;ny Council &nhsp;26 lndash;&nbsp;138 0/1 s/2021 '@nlhsp; Appendix ATTACHMENT 1 SCOPF Or WORK «►rrwnaM4 .rKI"... REQUEST FOR PROPOSALS SPILL RESPONSE, HAZARDOUS WASTE DISPOSAL, AND STORM DRAIN FACILITV MAINTENANCE SERVICES RFP NO. 21-004 INTRODUCTION/BACKGROUND The City of Santa Ana is 27.2 square miles and is located in central (.)range County, California. Santa Ana is the most densely Populated city in the county, with a total population of 338,247 and approximately 12,435 people per square mile. Scrota Ana sits N ithin three major watersheds: the Newport Bay watershed, the Santa Anal River watershed, and the Anaheim Bay/Hurl ingturt Harbour watershed. The City ol'Santa Ana is a co-pcnniuce under the North Orange County Municipal Separate Sumn Sewer System (MS4) Permit (Order No. R8-2009-0030, as amended by Order No. R8-2010- 0062). Hie Pennil presenis a series of technical, legal, anti regulatory challenges to the City and as a result, the City has established a rigorous National PDIluttnt Discharge Elimination System (NPDLS) unnpliancc prugram. The Permit requires the City to reduce pollutants discharged in urban rmroll' to the "Maun xinn Extent Practicable In order to comply with dic Pcnnit, the City is required to clean and maintain its MS4 and treatment control Best Management Practices (BMPs), respond to and eliminate illegal discharges and illicit connections, and conduct cleanup ofpollu(ants that could potentially impact the MS4. The City's storrndrain system includes. but is not limited to: • 1.600 stornnvatcr catch basins, ofwhich 1,275 have been retrotitted with Connector Pipe Screen (CPS) units and 139 have been rell-olined with Auto -Retractable Screens (ARS) • 215 culverts • 20 open channels • One storinwater liii station • Treatment Control BMPs, such as: • Continuous Deflective Separation (CDS) Unit • Riorelention Basins Bioswalcs/Vcgctitcd Swalcs City Council 26 — 139 6/15/2021 City of Santa Ana ICH) 21-004 Pagc Al-1 Pervious Pavement • Drywells • Proprietary Biotreatment Devices • Underground Infiltration Systems The City desires to rclain two Contractors to pa-lirrm spill response, hazardous waste disposal, and atornich-ain tacility maintenance Novices to assist with NPDI:S Permit compliance and maintain water quality standards. Professional services Agreements will be entered into with the selected Conu-aelors and the selected ColiLrrChlrs will be requesLed to perform these services on an as -needed hasis tinder the direction of the Public Works Agency. All work shall be done in accordance with the most recently adopted North Orange County MS4 Permit arid any other applicable local, stale, and federal laws - The selected Contractors shall utilize iu-house stall and/or subcontractors to complete assignments to meet the U ty's standards. For specialized work, for which the selected Contractors require a subcontractor, the selected Contractors shall serve as an administrative liaison between the City and the subcontractors. Murk -ups for subcontractor work shall not exceed ten percent (10%)- The scicctcd Contractors must have the expertise, experience, and tk:nionstratcd resultrccs available to pertornn the work described in the Scope of Services below. fhe City desires to enter into Al-reements with the two Lop -ranking Contractor, for an initial dnree (3)-Year term, with a City option to exercise one (1), two ('-)-year extension period. The annual ann<xml Lo be expanded under each Agreenent shall not exceed three hundred and tiny thousand dollars (5350,000). Actual expenditures each year will vary at the Cily's discretion and will be dependent on funding availability- The City does not guarantee nnininuun annual expenditures Larder these Agreements. A. SCOPE OF SERVICES Wori< under this Agreement nray include, bul is not limited to, the following lasks below. 1) Spill Rcsponsc Contractors shall be capable of perlonning the following tasks: a. Dcploy all necessary personnel, equipnnent, and materials to respond to and rCCover pollutant discharges from the public right-of-way and City stormdrain system. Discharges may consist of, but arc not limited to: hydrocarbons, inorganic compounds, organic compounds, volatile compounds, biowaste, hazardous materials/waste, sewage, wastewater, sediment. and trash/debris. Contractors shall respond to spills within f-furor of initial request. City Council 26 — 140 6/15/2021 City of Santa Ana ICH) 21-004 Page Al-2 b. Deploy containment at various points along the projected navel path of the discharge to protect nearby storndrain facilities from contamination_ The City will provide a description of the site and discharge to the best of their ability during the initial rcgnest. c_ Set-up trafficc control per WATCH handbook or at the direction of City staff t> safely perfornt spill response services. d. Conduct confined space entry and video camera inspection of stormdrain facilities. e. Perfono pressure washing of the contaminated area, including stormdrain facilities, to the satisfaction of the City. All wastewater generated as a result of pressure washing activities sliall be recovered and not allowed to discharge into the City_ 's stormdrain system. f Takee discharge samples for laboratory analysis and provide results to the City_ g. Manifest the waste lawfully and efficiently to the satisfaction of the California Department of Toxic Substances Control (T)TS('), the United States Department of Transportation, the Environmental Protection Agency. the EPA-penniued disposal facilities receiving the waste, and any other relevant regulatory agencies_ h. Provide storage, transport, and proper legal disposal of the recovered discharge. i. Provide an incident report with before and aflerpictures within 1-week ofperlorning Spill response services. j. Any other work required to safely, effectively, and lawfully perform spill response services. 2) Hazardous Waste Disposal Contractors shall be capable of per to ming the Ibllowing tasks: a. Perform routine pickups and removal of hazardous waste from the public right-ofway and City Yard (215 S (Venter St). Types ofhazardous waste. may ittclude, but arc not limited to: hydrocarbons, inorganic compounds, organic compounds, volatile compounds, pesticides, biowaste, medical waste, c-waste, wastewaee1% batteries, soiled clothing, propane and gasoline tanks, and tray h/de bri 6. b. Dueument location, type of hazardous waste rernirved, and send photos w Ciry state_ c. Provide storage, transport, and proper legal disposal of recovered hazardous waste. City Council 26 — 141 6/15/2021 City of Santa Ana ICH 21-004 Page Al-3 d. MallifeSt the waste lawfully and efficiently to the satisfaction of the California Department ol' Toxic Substances Control (DTS(',), the (mated States Department of Transportation, the Lnvirunrncnu l Protection APcncy, the CPA-perlltittcd dispusal facilities receiving, the waste, and ally Other relevant regulatory agencies. e_ Any other work required to safely, efTectively, and lawfully perform hazardous waste disposal services. 3) Stormdrain Facility Maintenance and Cleaning Contractors shall be capable Ofperhnnring the firllowing Lasky= a. Deploy all neecssary pmornrcl, equipment, and maierials to thoroughly clean and remove all trash/debris, vegetation, sediment, and encampments from the City's stnrmdrain system_ Contractors .shall have proper equipment and training to perform confined space entry and have access to and be capable of operating it vacttrtm track and hvdro- jetter to perform storm drain fitvility maintenance and cleaning services. b. Perform thorough inspection and cleaning of all Municipal catch basins Lhrouvhoul the City, including all trash capturc dcviec selecns installed within Municipal catch hasins. c. Perform thornueh inspection and cleaning of all culverts .nrd open channels throughout the City_ d. Pcrfbnn thorough inspection and cleaning ul' all u-catment control BMPa throughout the City. Contractors shall be familiar with the proper Operations and maintenance of various treatment control BMPs including, but not limited to: • Cuntinuuus Detlectivc Separation (CDS) Unit • Bioretention Basins • Bioswales/Vegetated Swalcs • Pervious Pavement • DrywelIs • Proprietary Blolreaument Devices • Underground inliltration Systems • intiltration Basins/Trcnchcs e. Report stnrmdrain infrastructure data to the City when conducting inspections and/Or cleaning, including but not limited to- 0 Date Ofinspcctiun/cleaning City Council 26 — 142 6/15/2021 City of Santa Ana ICH) 21-004 Pagc A1-4 • I,ocalion • Dimensions • Asset idenlilicalion number • Trash capture dCViCC type and condition • Damage (leceplale, prol,ccnon bar, manhole, interior, inlcuautletPipCs) • Obstntetions or vegetation growing • Condition of "Nit Dumping" stencil • Volume of trash, debris, and sediment removed during cleaning • Inlet/outlet pipe diameter and material C Stcncil "No Dumping Drains to Occan" on tic top of catch basin inlCLS. g. histall and/or repair trash capture devices in Municipal catch basins, including but not limited to: • Connector Pipe Screen (CPS) units • Atuo-Retractable Screen (ARS) units • nthel-dCVICCS listed on tic State Water RCSOLrrtieS Control Board C'a-tilicd Full Capture List of Trash Treatment Control Devices: http. J/www_w-ttcilur iId',_c_t_,rnv/N-tter_Y . iu,S// n rVrtm:;/ f Hmw;A r/doc_a/ Ir t,h ii�tl� nt� ntatinn/� t tuifii<<I,,,-I� ,dcvu � li_'t,,,-l(�1 �:6�0> I ptlf h- Provide on -call operations, maintenance, and repair services for the C'ity's First Street storrnwatcr li Il station ( I ) and Civic CCntCr storrnwatcr li R stations (2), including but not limited to: • Conducting routine and pro -storm inspections to verify all lift stations are functioning properly and ready to pump stormwater • Monitoring weather lorecasts and perlbnning inspection~ during rain events to verify all lift stations are operational and there is no flooding in areas served by the lift stations • Routine exercising of all lift station pumps • Routine testing ofalI lift station alarms • Notifying the (-'try of any lift station issues within 1-day of discovery • Providing written inspection reports and photos Rtr all lilt station inspections • Vacuum cleaning lilt station wet -wells, storindrain lines, and Catch basin inlets to remove all trash, debris, and solids as -needed • Monitoring SCAOA system, and responding to alerts or errors as -needed • Contractors will have access to lift station SCADA systems via mobile dcvicc. hot -spots • Responding to and resolving urgent issues with the lift stations 24-hotu-s a City Council 26 — 143 6/15/2021 City of Santa Ana Ri'1' 21-O04 Pagc Al-5 day, 7-days a week • Conducting electrical and mechanical repairs or troubleshooting as -needed Contractors are required to have an electrician on their team or as it subcontractor to provide lift station services. Lift stations operations and maintenance documents are included as it ttuchatent 2 to this Addendum. The City will provide basic training and additional documentation to the selected proposers on stortnwater lift.station operations. Contractors shall respond to liftstation issues within 1-hour of initial request or notification. The Civic Center lift stations (2) are managed by Parks, Recreation, and C'nnamunity Services .Agency staff. The First Street lift station (1) is managed by Public Works Agency stuff. The selected proposers shall provide separute invoicing lbr work it/ each lift station. i. Pructuc and install metal ga[c5 within or at the otttict of swrmdrain facilities. At a minimum, metal gates shall: • Prohibit access bvthe public into stormdrsin facilities • TTave a tamper -proof locking mechanism for dry -weather conditions • He capable ofopening freely during storm conditions or debris hlockage • iic made of material strong enough to withstand potaitial vandalism The City will provide metal gate design detail for cantractors to procure and install. j. Any other work rcquircd to sal'cly, cl7cctivcly, and lawfully peribrrn ,,torrndrain facility maintenance and cleaning services. 4) Flood Control ASSMWICe Contractors shall be capable ol'peribrming the following tasks: a. Mobilize to flooded arms and/or historic problem areas under the direction of the City. Contractors shall respond to flooding within 1-hour of'initial request. b. Deploy all necessary personnel, equipment. and materials to assist with flood control and flooding complaints. The equipment deployed roust have the nhility to renuioe excess water from the publicright-oGway anddisloduematetials blocking stone flows. City Council 26 — 144 6/15/2021 City of Santa Aux ICH) 21-004 Page Al-6 c. Open ARs unit~ and storrtrdrain manhole covers to facilitate faster drainage of flooded aieati. d. Remove all trash/debris, sediment, and vegetation from ARS units and stornulrain riciIiIies to laciIitaIe taoIer drainage of Hooded areas. c. Provide asset TD number and photos of tooded stornrdrain facilities that were responded to within 7-days of the City's request. f Any other wori< required to safely, effectively, and lawfully perform flood control assistance Sel-Ylceti. B. OTHER REQUIREMENTS Contractors must download and use the City's new asset mananCment program (Citvvvorks) to CcnnplCte work orders and service requests pertaining to this Scope of Work. City staff will provide basic Cit-yworks training to contractors and contractors shall have tablets and/or mobile phones to use Cityworks in the field when completing all service requests and work orders, unless otherwise stated by the City. Contractors shall adhere to all requirements of the City's MS4 NPDLS Permit "hilt, performing services undo' this contract. Contractors shallv innedintely notify the City should they become aware of any activities or events that may be deemed non -compliant. C. CITY RESPONSIBILITIES The City will provide information in its possession relevant to the completion of the tasks outlined in this kFP. Iu general, this includes, but is not limited to: • Furnish scope of work and provide general direction as -needed to complete tasks • Furnish documents, data, maps, or other information rcicvant to the Scope of Services • Provide access to storrndrain facilities • Facilitate meeting space and coordination at City facilities D. PREVAILING WAGES These Agreements are subject to compliance, monitoring and enforcement by the State of California Department of hrdustrial Relations. Contractors are required to inform themselves lolly ofIll e conditions relating to I abor under which the wori< will bepetibrnrecl. In accordance with the Calilbmia State Labor Codc, prevailing wage rates apply per the following link: littn://www.dir.c,i.gov/public-works/publicworks.litiiil Coniractors shall provide certified payroll to flit, 01.1, upon invoicing. The 01, ntay not City Council 26 — 145 6/15/2021 City of Santa Ana RF1' 21-004 Pagc Al-7 process invoices for payment until receipt of cerfffled payroll. E. LICENSE REQUIREMENTS The selected Contractors shall at a mininntm have a valid Class A General Engineering Contractors' License. The Contractors shall list and provide all required City, County, State said Federal 1D Number;/Licenses/Perniits related to this Contract, inCILLdiria but nut limited tu: • EPA Identification Number • FPA Acknowledgement of Notification of 11a23rdOUS Waste Activity • Hazardous Material "transportation License • Hazardous Substances Removal & Remedial Actions Certification • California Contractors State License with "I IA%" Designation • California 1)MV License with "It" Designation F. SPLCIAL REQUIREMENTS ADDITY)NAL WORK Upim request by the City, Contractors shall submit supplcrnental proposals for Additional Work not included in the Scope of Services of this Agreement. Contractors must obtain "ritten approval prior to commencing any Additional Wurk. FEE PROPOSAL: Fee proposals shall be submitted as a separate attachment in PlanetBids and shall be structured as follows: The fee proposal shall include a list of all positions, hourly rates, equipment and material costs, and any other costs required to perform the services described in this RFP. At the request of the City, Contractors shall provide a more detailed fee proposal when a specific project proposal is requested of the Contractors. As part of the fee proposal, Contractors shall complete it CONTRACT COMPARISON FORM, attached as Appendix Attachment 4, and inCludc it in the l'ccproposal attachment in PlanetBids. It is expressly emphasized that this CONTRACT COMPARISON FORM is not a bid. h is used for cost -comparison purposes only. The City does not guarantee the quantity of work to be performed by the selected Contractors. Conu-actors shall be paid for the actual services provided according to the proposed hourly rates and unit costs. City Council 26 — 146 6/15/2021 City of Santa Ana I&P 21-004 Page Al-8 OTHER TERMS AND CONDITIONS: 1. All work shall be implemented in compliance with City of Santa Ana policies, as well as Prevailing Wage law and applicable State and Fcderal Requirements. 2. The City reserves the right to amend this Request for Proposal by addendum Prim- to the final dates 01 submissio11- 3. All reports, proposa Is, or other data or materials which arc M Ibrnitted shall hecnIII e the. sole property of the City of Santa Ana with the exception of the confidential Financial Capacity information and lee proposals- 4. All products used or developed in the execution of arty contract resulting from this request Will remain in the public domain al the coniplellon of [his project.. 5. The City has an allinnativc action program- The Pur-xrsc of tlic affirmative action program is to encourage certified minority business enterprises and wouicn businesS enterprises. All submitting Contractors ninst have established affirmative action programs appmvable by the City. luring the RPP stave, all Contractors will need to complete a "Certification of Non -Discrimination by Contractors" for each fine on their team. City Council 26 — 147 6/15/2021 City of Santa Aux Ri'P 21-004 Page Al-9 ADDENDUM NO.1 ATTACHMENT 2 CITY OF SANTA ANA STORMWAI'ER LIFT STATIONS SAMA ANA LIFT STATION: The Santa Ana lift station has the following equipment; 1. One ontobcrverticaI turbine pump including 60 hp motor, oil Inbrieatcd vertical shaft bearings and lubricated oil taut:. 2. Two numbers submersible 20 hp pump and motor, 3. One numberclectronic Icvcl sensor. 4. One numlicr ultrasound level sensor. 5_ One 60 hp Variable Frequency Drive. i - Two 20 hp Variable Frequency Drive. 7. One 800 Amp. I ransfcr Switch. S. One 300 Amp. Panel Board. 9_ One 2SKVA 490 to 240/120 Transformer_ 10.One C_'onlrol Panel including Modicon M340 CPU, Digital input module, Digital output module, Analog input, Analog output, 11M1 and Power backup package. 11. Hirce number, check valves and one number gate valve. 12. One half hp sump pump. 13. One exhaust fan conitrolled by the controler. 14_ SCADA system including dedicated computer and software. For more detail please refer to attached drawings. Operation: flit pumps arc sct to be called as tot low; 1. 'I'hc two 20hp pinups arc working as lead and lag, the 60hp pump is the backup puntP. 2_ Once the level gets to 45" the lead PUMP steal I be called at the hi speed and once the level gets to 43" the pump shall run on the required speed for keeping the level at 43", the minimum speed set Such aS the pu1111) shall pump at the tninitnutn allowable flow and the pump Shall stop at 30" level. 3. The lag pump shall be called at the following conditions: 1. The lead pump called but not running. 2. The level gets to 50". City Council 26 — 148 6/15/2021 ADDENDUM NO.1 ATTACHMENT 2 4. The lag ptunp shall be stopped once the level reach to 40". 5- The Backup Pump (Pumpl , 60hp) shall Stan once the level is 50"- 6- The Backup Pump shall stop once the level is at 30"- Required Maintenance: 1. Checking the level of the solids at main manhole and wet well after each rain or monthly. 2- Checking, cleaning and calibrating the level sensor after each solid removal or as needed- 3. Checking the oil level at the pump 1 tank weekly and alter each rain. 4. Checking the check valves operation cvery 3 months and each rain. 5_ Chccking the performance of the pump. The historian at HMT and SCADA program shall provide required information- 6. Checking mechanical seal for pump 2 and 3, the IIMI and SCADA shall provide the required information. 7. Controlling the exhaust Tan pertornicuiec. S. Exercising G-ansfer switch every year. 9- Dusting and cleaning panels as required- 10. I,ubricaling the molor's bearing Iorpump 1, every year. IL Checking the T'T,(' program and performance every year- 12. Checking and changing the backup batteries at UPS and PLC. As needed. 13. Checking the comtnunication of the station kith SCADA system. FLOWEk STATION: The Plower- station is vary similar to the Santa Ana station "ith the Billowing changes: 1. No Vertical turbine pumps. 2. Manual transfer switch is 200 Amp. City Council 26 — 149 6/15/2021 ADDENDUM NO.1 ATTACHMENT 2 2. Panel Board is 200 Amp. 3_ There are Iwo 15 hp VFDs_ q_ The submersible pumps are 15hp_ 5. Please refer to the Flower Station drawing. Maintenance Shall be the same as the Santa Ana Station. FIRST STREET LIFT STATION: The First Surect Lill station is similar to tl)c Flower Lill station will) the following changes: 1. The submersible pumps are 15hp. 2. The power is 240V, 3ph, 3-wire. Maintenance shall be the same as the Santa Ana Station. NOTICE AND WARNING: 1. Only qualified tCC11111C1amS which arc familiar Willi purnpS and electrical can per- form the work. 2. For salty and warning notices please refer to each equipment's Operating and Maintcnancc Manuals. 3_ Do not enter the liacility without proper safety gears and bacluap personnel_ City Council 26 — 150 6/15/2021 .. Os%!N� UO NORM WATER INC. s pl.t"Imp 0.1 Woter Rxpour(ap April 1, 2021 Craig Foster City of Santa Ana Public Works Agency 20 Civic Center Plaza, 3f1 Floor (Ross Annex Bldg ) Santa Ana, CA 92701 Subject: RFP No. 21-004- Spill Response, Hazardous Waste Disposal, and Storm Drain Facility Maintenance Services Dear Mr Foster. United Storm Water, Inc. (United) is pleased to submit the enclosed response to the RFP for Spill Response, Hazardous Waste Disposal, and Storm Drain Facility Maintenance Services. United has vast experience providing the services relative to this request, and our firm and proposal meet all the qualifications and requirements of the RFP United Storm Water is a fully qualified 24-hour environmental remediation, transportation, and storm water management contractor handling both hazardous and non -hazardous waste streams. United Storm Water has been in business since 1999 (22 years) and was incorporated by the owners of United Pumping Service who has been among the forerunners in hazardous waste transportation and 24-hour emergency spill response since 1970 (51 years). These family owned and operated minority business enterprises are true pioneers in hazardous waste remediation and storm water management. United was there when both topics became an environmental concern, and together we've been successfully aiding public, agencies with their hazardous waste and storm water compliance needs ever since. United has provided similar services to the City of Santa Ana since 2005, as well as ARS and CPS installation, and bus stop sanitizing services during the recent Covid-19 pandemic.. United Storm Water was the first company to provide the City with storm drain facility and spill response services, we are familiar with and can meet the City's needs, and we hope to continue being your source for environmental compliance. United Storm Water concurs with all provisions contained in the Agreement as Attachment 2 in the Appendix of the RFP Please contact Ramon Menjivar (ramon@unitedstormwater.com, 6261890-7104) should you require any further information and or to schedule an interview as part of the competitive bid process. Thank you for your tirne and consideration of our proposal! Sincerely, 1�� A - Eduardo Perry Jr. President 11 C;ily Council &nhsp;26 lndash;&nhsp;151 o/1 s/2021 @nhsp; STATEMENT OF QUALIFICATIONS —UNITED STORM WATER, INC. Firm & Team Experience United Storm Water (United) is a fully qualified 24-hour environmental remediatioo, transportation, and storm water management contractor handling both hazardous and non -hazardous waste streams since 1999 (22 years). United Storm Water was incorporated by the owners of United Pumping Service who has been among the forerunners in hazardous waste transportation and 24-hour emergency spill response since 1970 (51 years). Our family owned and operated Minority Business Enterprise (MBE) maintains an impressive fleet of trucks, roll -off containers, and support equipment to handle day- to-day removal requests as well as emergency response situations. We are a full -service family of companies that provide our clients with quality service in the areas of transportation, disposal, site remediation, decontamination, structural BMP installation, and other various environmental needs. As the 63rd licensed transporter in California, United Pumping Service is the oldest licensed emergency response / hazardous waste transporter in the state. Not only does United Storm Water clean thousands of storm drain conveyance systems every year and respond to spills on a 24-hour basis (hazardous and non -hazardous), but also designs, fabricates and installs their own custom made structural BMPs (Drairi Filter Inserts, Wing -Gate Automatic Retractable Screens, Connector Pipe Screens). There are no third -party markups when we install the structural BMPs that public agencies require. United's team includes experienced individuals that have been successful with United Pumping Service for 51 years. As a result, United Storm Water is the go to contractor who can meet all of the hazardous and non -hazardous environmental needs of any public agency. The sanitizing services that United offers is a testament to its ever evolving one -stop turnkey capabilities. United has provided similar services to the City of Santa Ana since 2005, as well as AIRS and CPS installation, and bus stop sanitizing services during the recent Covid-19 pandemic. As the existing Contractor to the City of Santa Ana for the services requested by this RFP, our field staff is familiar with the City's needs and has already been trained in the use of the Cityworks asset management program that will be required for this project. United participated in the initial trial and implementation of Cityworks for the City of Santa Ana. If selected as the will continue to offer reliable environmental services while providing feedback on possible improvements to the Cityworks interface. Licenses & Permits United Storm Water is a general engineering contractor with the proper licenses, permits, and approvals to perform the scope of work required for this project including hazardous and/or non -hazardous waste streams' California Contractors Board License Number: 768583 o A — General Engineering o HAZ - Hazardous Substance Removal and Remedial Actions Contractor o C21 — Building Moving/Demolition Contractor o C27 — Landscaping Contractor o C31— Construction Zone Traffic Control Contractor o C42 — Sanitation System Contractor • Environmental Protection Agency Identification Number. CAR000064931 • Authorization to Operate a Transportable Treatment Unit (TTU): USWDW1 • Hazardous Waste Transporters Registration (Issued by DTSC): 4034 • Hazardous Materials Transportation License (Issued by CHP): 132487 • Hazardous Materials Certificate of Registration (Issued by DOT): HM Company ID 1660 • Motor Carrier Permit (Issued by DMV): 0203159 Staff Size & Organization Structure United Storm Water and United Pumping Service share the same 8-acre property in the City of Industry that houses a large corporate office and fleet yard. Together they effectively plan, manage, and deliver the professional, reliable, and innovative services that our customers deserve Ail our employees are on -call 24-hours and our field staff is comprised of 30 Drivers, 50 Supervisors and Technicians, and 10 Project Managers. The customer is invited to contact any of our references and or past 9'', S'tubsp;' City Council Banhsp;26 lndash;lnhsp;l52 b/1 s/2021 'till-isp; clients to confirm the level of service and professionalism that United is known for. An organization chart showing the communication/reporting relationships among contract staff is attached hereto. Resources United is a 24-hour service provider with all the staff, equipment, permits and licenses in place for beginning the work required for this project immediately. United owns and operates a wide variety of equipment required for storm drain cleaning. structural BMP maintenance, sludge dewatering, traffic control, excavation, and emergency response including yet not limited to the following: Elm 26 Vacuum Trucks (mild steel, stainless steel, lined. 3-com ailment 8 Enclosed Vans C28', 45 48 53� 5 Drop Deck & Flatbed Trailers 9 Semi End Dump Trucks swinging back door) 5 Heav Industrial Vectors (weUdy yacuumr___-_ 4 Heavy Industrial Vactor Jeffers wet vacuum onI 6 Residential Industrial Vactrons 11 Roll -Off Trucks & Trailers 4 Towable Jetter Units 4000 siL_ 720 Roll -Off & Dewatenn Bins 10 to 40 cu yd ca achy) 2 Bio-Hazard Trailer 1 Emergency Command Center _ _ _ —__ 1 7 merenc R Eesponse Center Emerqency Res pose UtilityTrucks 24 Stakebed Trucks with Lift Gate, H drauhc Hoists, and Arrowboards 16 Pickup. Trucks 20 Portable Liquid Storage Tanks_�2,000 al to 10,000 al capacity) 12 5 8 Various Washin E ui mentlPressure Washers H drotech High Pressure Heated Wash Units Forklifts (4000 b to 12,000 lb capacity) 2 853 Bobcat Loader 1 8 Minnie Excavator Generators 6.5 K to 10 K _ 8 Air Com ressors 160 to 180 cfm 2 Plasma Cutters 5 — -- .... _... _. ...... ............... _.. .. Acetylene Units 10 Wilden M•8 to M-15 Pumps 4 Six Person Air Purification Panels 12 12 3000 Flood Lights w/Generators --- -- Arrow Boards, Trailer Mounted wl Generators Reflective Traffic Cones, Caltrans Approved 250 Delineators, CaltransApproved 150 ---- Barricades, Cah ens App ovod WLrq!ng Lights Types A, B, and C 200 6 Associated Construction Safety, and Directional Signs _—__-- Attenuator Trucks Stakebed truck with mounted crash cushions] _ Multt�le Railroad Track Hi -Rail Maintenance Equipment Open Oty_ Safety Gear cascade breathinq airs stems, SCBAs, protective clothing & equipment) 0 en City Other Specialized E ui ment Open City 24-Hour Access to any Rental Equipment in the Market Place 31 &iibsp; (;ily Council B&nbsp?6 &ndash; &nbsp;153 b/15/2021 @nhsp; Key Personnel United Storm Water has all the manpower in place for providing reliable services as required by this RFP. The following Key Personnel will be assigned to this contract and will be available for its duration, and no person designated shall be removed or replaced without the prior written concurrence of the City (see attached resumes): • Project Manager Ramon Menjivar Alternate Project Manager: Daniel Perry Jr. • Field Supervisors: Jose Ponce or Cesar Garcia We will employ a project management system for ensuring safe, legal, and accurate results for this contract. Team members to be assigned to the work have been identified and their capabilities and proposed responsibilities are indicated below: Project Manager Ramon Menjivar, Senior Project Manager for United Storm Water, will have full responsibility for the contract and will coordinate with the City, and all other project team members to fulfill service requests. Ramon has coordinated the services required by this RFP for other cities in the past including the City of Santa Ana (2005-Present), and is thoroughly familiar with the City's storm drain system, protocol, and expectations. Mr. Menjivar's involvement in the management of this project will be key to its success and he will be on•cail 24-hours. Alternate Project Manager Daniel Perry Jr., Project Manager for United Storm Water, will serve as an alternate in the absence of Mr. Menjivar. Mr. Perry has Project Manager experience since 2016. Field Supervisors/Inspectors Jose Ponce and/or Cesar Garcia, Field Supervisors for United Storm Water, will oversee all maintenance operations. The Field Supervisor will ensure compliance with all applicable laws (federal, state, and local), ordinances and regulations, and will coordinate with United's Project Manager to ensure that all customer needs are satisfied, and will approve or reject the work performed and methods used. Mr Ponce and Mr Garcia have Supervised United's storm drain maintenance services provided to the City of Santa Ana since 2007. Contract Coordinator Dana De Guzman, Contract Coordinator for United Storm Water, will oversee all scheduling and administrative support staff. Mr. De Guzman will coordinate with United's Project Manager and field staff to ensure that projects are completed as scheduled. He will be responsible for preparing packets for field crews (work sheets, maps, manifests, work orders), directing crews to ensure that services are being performed as planned, and he will ensure that reports are completed accurately and on time. Service Staff Our highly experienced, professional service staff are trained and medically monitored in accordance with O.S.H.A. Title 29 CFR 1910120 to conduct tasks involving the handling of or exposure to hazardous materials, substances, or waste including. • 40-Hour HAZWOPER Training & 8-Hour Annual Refresher Courses • Traffic Control Training Per Caltrans Chapter 8 Standards • Confined Space Entry Training • Confined Space Rescue Training • DOT Certification • Bloodborne Pathogens Training • Medical Surveillance Program • O.M.V. & D.O.T. Drug & Driving Record Programs • CPR & First Aid Training LiveScan (Required by Transportation Security Administration) 2, 4nbsp; C;ily Council &nhsp?G lndash; lnhsp;154 b/15/2021 @nhsp; Subcontractors United Storm Water will utilize Subcontractors for this contract, and their experience and qualifications are provided below: United Pumping Service, Inc.—Transportation/Disposal and As -Needed Backup Labor • 14000 E. Valley Blvd., Industry, CA 91746 • In business for 51 years (since 1970) • California Contractor's Board License Number: 617639 o A — General Engineering o ASB— AsbestosRemediation o HAZ - Hazardous Substance Removal and Remedial Actions Contractor o C21 — Building Moving/Demolition Contractor o C31 — Construction Zone Traffic Control Contractor o C42 — Sanitation System Contractor • Environmental Protection Agency Identification Number: CAD072953771 • Authorization to Operate a Transportable Treatment Unit (TTU): UPSDWI • Hazardous Waste Transporter Registration (Issued by ➢TSC): 0063 • Hazardous Materials Transportation License (issued by CHP): 27388 • Hazardous Materials Certificate of Registration (Issued by DOT): HM Company ID 1660 • Motor Carrier Permit (Issued by CHP): 0001024 • SCAQMD Rule 1166 Contaminated Soil Mitigation Plan Company: Plan 10 576918 • OSHA Trench and/or Excavation Permit Number: 2021-904435 2 Multi W Systems, Inc. —Lift Station Operations and Repairs • 2615 Strozier Ave, El Monte, CA 91733 • In business for 35 years (since 1986) California Contractors Board License Number: 956026 • C61ID21— Machinery & Pumps Understanding of Need United Storm Water's corporate office is located in the City of Industry, California, and we have successfully performed services of a similar size and nature to that described in the RFP for numerous public agencies including the City of Santa Ana. United has provided similar services to the City of Santa Ana since 2005, as well as ARS and CPS installation, and bus stop sanitizing services during the recent Covid-19 pandemic. United Storm Water was the first company to provide the City with storm drain facility and spill response services, and we are therefore very familiar with the City's requirments and needs. There will be one Project Manager assigned to the contract who will be on -call 24-hours—Ramon Menjivar. Mr. Menjivar has managed similar contracts with the City of Santa Ana since 2005, and some of the originally assigned Service Staff members will be utilized for efficient performance of services. These individuals have already been trained in and are currently utilizing the Cityworks asset management program, and will continue to provide interface feedback to the City for ensuring efficient environmental management services. United will furnish all expertise, equipment, labor, and resources to provide spill response, hazardous waste disposal, storm drain facility maintenance, and flood control assistance services per the RFP. United's field personnel will detect, respond, investigate, and eliminate illegal and prohibited discharges of pollutants to maintain and clean the City's storm drain infrastructure. This work consists of scheduled, as -needed, and emergency spill response services of storm drain facilities (catch basins, culverts, open channels. First Street storm water lift station, treatment control BMPs). Services will also include the fabrication and installation of metal gates on an as -needed basis. A dedicated crew will be used for the duration of the project to ensure familiarity with the City's storm drain system and consistency of work. All deliverables will be provided to the Director of Public Works as required per the RFP. This will be a 3-year contract term with the option to renew for (1) 2-year extension. 6� 4ubsp; C;ily council B&nbsp?G lndash; lnbsp;155 b/15/2021 @nhsp; The following is a proposed outline of activities that will be undertaken for executing this project: P `. iv9tJ — Proposed Staff "Member to Perform Activity 1. Submit W9 Form Ad ministrative Personnel 2. Submit Insurance Requirements Administrative Personnel 3. 4. Attend Contract Kick -Off Meeting — - ........ -- Obtain Storm Drain Maps from Public Works Representative Key Personnel ......._ _ -- Project Manager Ramon Menjivar 5. Meet With Public Works Representative Regarding the City's Prioritized Schedule Project Manager, Ramon Menjivar 6 Perform Project Planning Project Manager, Ramon Menjivar & Dana De Guzman 7. - _ .... Submit Work Schedule to Public Works Representative Project Manager, Ramon Menjivar 8. 9. Obtain Permits (Encroachment) Submit Traffic Plans to City Engineer if/as Required Project Manager, Ramon Menjivar Project Manager Ramon Menjivar 10. Conduct Field Tailgate Meeting/Training Project Manager, Ramon Menjivar 11. Perform Maintenance Requests Service Staff 12. Perform Quality Assurance During Maintenance -- - ---........ ....... .._._............_. Field Supervisors, Jose Ponce and/or Cesar Garcia 13 Collect & Compile Required Documentation Dana De Guzman & Administrative Personnel 14. 15. 16. Provide Required Documentation to Public Works Representative I Obtain Inspector Buy -Off of Services Performed Submit Invoicing —--- ------------------ -- ----- ..._... - - Project Manager, Ramon Menjivar Project Manager, Ramon Menjivar Project Manager Ramon Menjivar Permits United will obtain the project required encroachment and traffic permits prior to the start of work. All other project related licenses and certifications required for the iawful execution of the contract are already in place. Equipment United will provide confined space entry equipment as needed at each site Confined space entry equipment will include at a minimum an air monitor, air blower (if existing ventilation is insufficient), parachute harness, safety harness, and a tripod man lift hoisting device for lifting employees out of the space. Personnel are safety watch trained in first aid and cardiopulmonary resuscitation (CPR) with effective means of communication between employees inside a confined space and cell phones will be onsite. A Site Health & Safety Plan will be reviewed by all crew members and signed acknowledging compliance while working at the site. A Confined Space Entry Permit will be completed for each permit required site where entry is required. Protocol All work will be performed in a timely manner per a schedule and route that has been pre -approved by the Director of Public Works. There will be a Field Supervisor assigned to this project who will oversee all services rendered to the City. The Field Supervisor will ensure compliance with all applicable laws (federal, state, and local), ordinances and regulations, and will coordinate with United's Project Manager to ensure that all customer needs are satisfied, and will approve or reject the work performed and methods used. Work will be performed in a manner that abides by all OSHA, and City safety codes, policies, and procedures as well as all local, state, and federal environmental and storm water regulations. The appropriate safety equipment and procedures will be utilized for the protection of all service staff, customer staff, and the public. No discharges of any material will be allowed to enter the storm water conveyance system and United's service staff will be equipped with appropriate spill kits in the event of BI �R4uL�sp;.. Cily Council &nhsp;26 lndash;&nhsp;150 6/15/2021 @nhsP, any accidental release or spill. Should an accidental non -permitted discharge occur United will immediately contain and clean the release and inform the City's Public Works Representative. During service operations if chemicals or hazardous waste are found the City will be notified immediately, and a determination will be made by the City on a case -by -case basis on how the situation will be addressed. Waste Identification & Profiling United's Field Staff will utilize the HAZ CAT method of identifying unknown materials. Unknown substances will be identified based upon the results of a series of bench tests. This information is vital in determining how wastes are to be packaged, shipped and disposed of, as well as what safety precautions are required for field personnel. Additional laboratory analysis will be obtained and submitted to disposal facilities along with waste profile forms. Customer waste profiles will be tracked internally and will be rushed through disposal facility waste acceptance procedures as needed. Lab Packing Guidelines United's generalized lab packing methodology would begin with careful visual inspection and inventory or the review of provided inventory of chemicals to be removed. Trained chemists, certified hazardous material managers (CHMMs), certified environmental compliance managers (CECMs), hazardous material technicians/specialists and/or DOT compliance personnel would ensure that all waste is properly identified, and unknown potentially "prohibited and/or restricted" wastes are properly identified using a "Hazard Categorization' system. Chemical containers and their contents would be evaluated and all unsuitable containers (i.e. leaking containers) re -packaged to ensure safety and compliance. Each potentially "prohibited and/or restricted" chemical would be segregated into compatible groups or hazardous classes, inventoried and transferred into over -pack containers. Each over -pack would be sealed and properly labeled. United would prepare all documentation necessary for transportation and proper disposal. Use of United's computerized TDX manifesting system aids in the accuracy of preparing profiles, packing lists, land bans, and manifests that are in accordance with all rules and regulations. The above mentioned process would be completed by obtaining approvals/authorizations from qualified disposal facilities and scheduling transportation. United Storm Water commits that each waste stream, including '.prohibited and/or restricted;' will be managed efficiently, effectively and in accordance with all federal and state regulations to reduce liability. Emergency Spill Response If United personnel arrive onsite for a spill, and the spill is larger than anticipated or explained during the initial call, United's Dispatcher will be contacted and additional resources will be sent to the site as soon as possible. United has enough personnel and equipment in house to handle most emergency situations, and has accounts with multiple equipment rental companies that can dispatch additional portable tanks and secondary containments 4 needed for any major releases. Shipping Containers • MUST be UN approved for their contents • May be up to 55-gallon capacity • Must contain an absorbent material that is compatible with the waste and of sufficient amount to absorb all liquids contained therein • Must have all US DOT and US EPA labels properly filled out • Lab packs MUST have a packing slip/inventory sheet attached to each drum • It is a non -leaking container • It has a known composition The following information must be present on the top, side or on a packing list affixed to the drum. Generator Name, Generator address, Proper US DOT Description, Drum Number, Profile Number, Manifest Number The drum numbers indicated on the manifest must match the drum numbers on the inventory list • For additional packing requirements or regulations United will consult 49 CFR 173, • The maximum allowable volume of liquid per waste container size and type must be restricted to meet safety requirements for handling, transportation and disposal. 71 C;ily CbunCil &nhsp;26 lndash;&nhsp;157 b/15/2021 @nhsp; Paperwork All waste material within each container will be inventoried to inventory list must contain the following information: • A unique drum identification number • Inventory sheet that contains the following information • Generator Name, Address. EPA Number • Drum Number, Type and Size • Complete DOT Shipping Description • A line entry for each item that is present in the drum reflect the actual contents of that container. Each drum Submit a copy of each inventory sheet and a completed profile along with any SDS's and Haz Cats for approval prior to shipment. Once the inventories are approved the Client will be emailed an approval sheet for their records. Quality Control United Storm Water will perform all work under this Contract, taking necessary steps and precautions to ensure that services meet the satisfaction of the City. United will provide a professional quality of services, technical assurance, and all work will be performed diligently, carefully, and in a good and workman -like manner. To this end all work will be reviewed for quality assurance prior to submitting deliverables, and any errors will be corrected. Additionally, United's Project Manager will assign a Field Supervisor who will oversee all operations. The Supervisor will ensure compliance with all applicable laws (federal, state, and local), ordinances and regulations, and will coordinate with the Project Manager to ensure that all customer needs are satisfied and that documentation is accurate. Relevant Project Experience United Storm Water is a storm water management contractor offering turnkey services and BMP products to suit the individual needs of our customers. Being a sister company to United Pumping Service and United Traffic Services 8 Supplies, we can provide a wide range of technical experience, physical resources, and innovative solutions to every job. The United family of companies is a reputable organization that is highly qualified in environmental remediation and transportation, 24-hour emergency response, storm water management, and traffic control products and services. United Storm Water is fully qualified to provide emergency spill response services to its clients. The firm performs hazardous material cleanups for customers throughout Southern California, on highways, waterways, and at client facilities. United utilizes skilled, experienced field personnel and company owned equipment for rapid, safe, and efficient responses. United responds to any release excluding radioactive, explosives, and some compressed gases United is capable of responding to multiple spills simultaneously, and all field personnel are crossed trained in hazardous materials handling and emergency spill response protocol. Completed Projects From its 8-acre fleet yard in the City of Industry, the United family of companies has successfully performed spill response, hazardous waste disposal, and storm drain facility maintenance services for public agencies utilizing its 51 years of experience. No project is too small nor too large of an undertaking and clients have always been satisfied with the quality of services and products that United offers. Below is a list of some of the more prominent projects recently completed by United Storm Water in the state of California within the last 5 years: City of Santa Ana Address: 20 Civic Center Plaza, Santa Ana, CA 92702 Contact Person: Craig Foster Contact Phone No 4151233-2861 Contract Date(s): 2005, 2007-2017, 2017-2021 Description of Work: Citywide catch basin cleaning (scheduled and as -needed), pump house inspection and maintenance, emergency response services, installing Automatic Retractable Screen Covers, and Connector Pipe Screens, and bus stop sanitizing during the Covid-19 pandemic. z 81 4ubsp; Cily Council Banhsp?G lndash; lnhsp;158 b/15/2021 '@nl7sp; California Department of Transportation (Caltrans) Address: 100 South Spring Street, Los Angeles, CA 90012 Contact Person: David Lawrence Phone Number: 2131500-8847 Email: david_lawrence@dot.ca.gov Contract Date(s): 2012-2014, 2014-2016, 2016.2018, 2018-2020, 2020-Present Description of Work: Services are performed throughout the year for cleaning 8,500 storm drains on a scheduled basis, yearly cleaning of trouble storm drain pipes, and yearly maintenance of 52 pump stations existing on highways in Los Angeles County. This contract includes the management of approximately 1,200 Ems of hazardous storm drain waste, documentation of the weight and volume of waste extracted from each drain compiled in a report to depict trends over the life of the contract, waste profiling, and disposal. During cleaning operations United Storm Water plans and activates over 300 freeway static lane closures. City of Ontario Address. 1425 Bon View Avenue, Ontario, CA 91761 Contact Person: Casey Cameron Contact Phone No.: 9091241-5467 Email. ccameron@ontario.gov Contract Date(s): 2011, 2013, 2014, 2015. 2016, 2017, 2019-Present Description of Work: Storm drain maintenance services including mobilization and traffic control, catch basin cleaning (1,650), storm drain pipe cleaning (10,500 lineal feet), and emergency response services. City of Long Beach Address: 1651 San Francisco Avenue, Long Beach, CA 90813 Contact Person Willie Owens Contact Phone No.: 562/570-2784 Email: willie owens@longbeach.gov Contract Date(s): 2006-2009, 2009-2016, 2016-Present Description of Work: Storm drain conveyance system maintenance including catch basin cleaning (3,800), installation of storm drain BMPs devices (Automatic Retractable Screens, Connector Pipe Screens, DrainPac), as -needed emergency response (hazardous and non -hazardous), storm drain pipe cleaning, and pump station cleaning. City of Tustin Address: 300 Centennial Way, Tustin, CA 92780 Contact Person: Alex Waite Contact Phone No.: 7141573-3151 Email: awaite@tustinca.org Contract Date(s). 2003-2013, 2013-2018, 2018-Present Description of Work: Citywide catch basin cleaning (scheduled and as -needed) and installation of storm drain BMPs devices (Automatic Retractable Screens, Connector Pipe Screens, DrainPac). City of Dana Point Address: 33282 Golden Lantern, Dana Point, CA 92629 Contact Person: Lisa Zawaski Contact Phone No. 9491248-3584 Email. Izawaski@danapoint.org Contract Date(s): 2001.2007, 2007-2014, 2014-2018, 2018-Present Description of Work: Prime contractor for yearly storm drain maintenance including catch basin cleaning (420), CDS cleaning (8). and as -needed storm drain pipe cleaning. References United Storm Water has vast experience in performing the services required for this RFP. A listing of references with public entities for which Proposer has performed similar work within the past (5) years are provided below. All projects were completed on time and within budget: C:.ily Council Banhsp?6 lndash; lnhsp;159 b/15/2021 @nhsp; California Department of Transportation (Caltrans) Address: 100 South Spring Street, Los Angeles, CA 90012 Contact Person. David Lawrence Phone Number: 2131500.8847 Email: david_lawrence@dot.ca.gov Contract Date(s): 2012-2014, 2014-2016, 2016-2018, 2018-2020, 2020-Present Description of Work: Services are performed throughout the year for cleaning 8,500 storm drains on a scheduled basis, yearly cleaning of trouble storm drain pipes, and yearly maintenance of 52 pump stations existing on highways in Los Angeles County. This contract includes the management of approximately 1,200 tons of hazardous storm drain waste, documentation of the weight and volume of waste extracted from each drain compiled in a report to depict trends over the life of the contract, waste profiling, and disposal During cleaning operations United Storm Water plans and activates over 300 freeway static lane closures. City of Long Beach Address:1651 San Francisco Avenue, Long Beach, CA 90813 Contact Person: Willie Owens Contact Phone No.: 5621570-2784 Email: willie.owens@longbeach.gov Contract Date(s): 2006.2009, 2009-2016, 2016-Present Description of Work: Storm drain conveyance system maintenance including catch basin cleaning (3,800), installation of storm drain BMPs devices (Automatic Retractable Screens, Connector Pipe Screens, DrainPac), as -needed emergency response (hazardous and non -hazardous), storm drain pipe cleaning, and pump station cleaning. City of Dana Point Address: 33282 Golden Lantern, Dana Point, CA 92629 Contact Person: Lisa Zawaski Contact Phone No.: 9491248-3584 Email Izawaski@danapoint.org Contract Date(s): 2001.2007, 2007-2014, 2014-2018, 2018-Present Description of Work: Prime contractor for yearly storm drain maintenance including catch basin cleaning (420), CDS cleaning (8), and as -needed storm drain pipe cleaning. Scope of Services & Schedule Scope of services to be provided including United's experience and expertise conducting these services is provided beiow. Project timelines are also outlined and final scheduling (dates) will be determined based on City needs (prioritized schedule) and United's availability: Soft Response 8 Flood Control Assistance o Experience • United Storm Water 22 years of experience; sister companyisubcontractor, United Pumping Service, 51 years of experience • Caltrans; City of Long Beach; City of Ontario; City of Santa Ana; other public agencies o Schedule • Upon request as needed 24-hours a day, 7-days a week. • United will respond within (1) hour of initial request. Hazardous Waste Disposal o Experience • United Storm Water 22 years of experience; sister company/subcontractor, United Pumping Service, 51 years of experience • Caltrans; homeless cleanup for various public agencies; hazardous waste pickup for public agencies and commercial facilities; Covid-19 Sanitizing for various clients including the City of 10( 4ubsp; ... ('.ily council Banhsp;26 lndash; lnhsp; 1O0 6/15/2021 @nhsp; Santa Ana o Schedule • Upon request as needed. Storm Drain Facility Maintenance & Cleaning o Experience • United Storm Water 22 years of experience, sister company/subcontractor, United Pumping Service, 51 years of experience • Numerous public agencies throughout California including the City of Santa Ana • Design, fabricate, and install DramPac Filter Inserts, ARS, and CPS devices • Have installed the metal gates called out in this RFP for the City of Santa Ana during past contract Schedule • Dry Season: Inspect annually (May 1 — September 30) • Storm Season: Inspect monthly (October 1 — April 30) within (7) days of each storm season month or as directed. Cleaning of catch basins retrofitted with inserts (ARS and/or CPS) will be performed when filled to 40010 capacity and all other catch basins will be cleaned as needed. • Annually: 80% of all storm drain facilities will be cleaned and maintained • Bi-Annually: 100% of all storm drain facilities will be cleaned and maintained. • Metal Gates: Sales estimate will be provided upon request for metal gate installation. • On -Call Operations, Maintenance & Repair Services (First Street Lift Station) o Experience • United Storm Water 22 years of experience (maintenance), sister company/subcontractor, United Pumping Service, 51 year,, of experience (maintenance), subcontractor, Multi W Systems, 35 years of experience (pump operation and repairs) • Numerous public agencies throughout California including the City of Santa Ana o Schedule • On -call 24-hours a day, 7-days a week. United will respond to lift station issues within (1) hour of initial request The Project Manager assigned to this project wiil be available twenty-four hours per day, seven days per week throughout the duration of the contract including weekends and legal holidays. Hazardous waste disposal, and scheduled storm drain facility maintenance and cleaning will be performed between 8:00 a.m. and 5:00 p.m. Mondays through Fridays. Emergency response services will be provided as -needed on a 24-hour basis. Fee Proposal See separate attachment labeled "Fee Proposal" including fee proposal and Contract Comparison Form (RFP Appendix Attachment 4). 111 S'4ubsp; C;ily Council B&nhsp?G lndash; lnhsp; l () l b/15/2021 @nhsP, ATTACHMENTS Organization Chart Resumes of Key Personnel California Contractor License DIR Registration Bid Certification Forms 121 S'4ubsp; Cily Council &nhsp;26 lndash:&nbsp;IQ 6/1 s/2021 @nhsp; 4� A I ubsp; C;ily Council &nbsp;26 lndash;&nbsp;10 6/15/2021 @nhsp; Ramon Menjivar Senior Project Manager Experience Since 1999 Training • CPR & First Aid Training • Bloodborne Pathogens Training • 40-Hour HAZ-WOPER Training • Confined Space Entry Certification • Traffic Control Training Per Caltrans Standards • DOT HM-126F. HM-180 & HM-181 Certdica6on Management Experience With experience at United Storm Water since 1999, Mr. Menjivar entered his position as Senior Project Manager after advancing from six years of field experience as a Technician, and two years of experience as BMP Fabrication and Installation Manager. Mr. Menjivars management experience includes the organization of road closure permits, projects involving nazardous material remediation, supervising tank removal and tank cleaning projects, pump house cleaning, sewer and storm drain cleaning, and development and installation of United fabricated structural BMP devices. Mr. Menjivar is also noted for demonstrating leadership through professionalism, job ownership, commitment, teamwork, ethical behavior, and well-rounded project experience. Examples of Related Project Experience 1. State of California Department of Transportation (Caltrans), Los Angeles District 7 (2012-2014, 2014-2016. 2016-2018, 2018-2020, 2020-Present)-- Services are performed throughout the year for cleaning 8,500 storm drains on a scheduled basis, yearly cleaning of trouble storm drain lines, and yearly/as needed maintenance of 52 pump stations existing on highways in Los Angeles County. The cleaning frequency of storm drains per this contract is court ordered to be performed at the end of the dry season and before the wet season (within 75 working days). This contract includes the management of approximately 1,200 tons of hazardous storm drain waste, documentation of the weight and volume of waste extracted from each drain compiled in a report to depict trends over the life of the contract, waste profiling, and disposal During cleaning operations United Storm Water plans and activates over 300 freeway static lane closures. 2. City of Long Beach (2005-Present)— Serves as Project Manager for Storm drain conveyance system maintenance including catch basin cleaning (3800), installation of storm drain BMPs devices (Automatic Retractable Screens, Connector Pipe Screens, DrainPac), as -needed emergency response (hazardous and non -hazardous), storm drain pipe cleaning, and pump station cleaning 3. City of Santa Ana (2005-2021)— Served as Project Manager for citywide catch basin cleaning (scheduled and as -needed), pump house inspection and maintenance, emergency response services, installing Automatic Retractable Screen Covers, and Connector Pipe Screens, and bus Stop sanitizing during the Covid-19 pandemic. S ubsp; City Council &nhsp;26 lndash; lnhsp; I ()4 b/15/2021 @nhsp; Daniel Perry Jr. Project Manager/Sales Representative Experience Since 2001 Training • California State Polytechnic University Pomona Bachelor of Science - Business Administration -Management and Human Resources 40hr-General Site work I Hazardous Waste Operations and Emergency Response • Permit Required Confined Space and Rescue Trained Department of Transportation HM126F General Awareness and Shipping Papers Trainer • UC San Diego Extended Studies - OSHA 511 - Standards for General Industry • UC San Diego Extended Studies - OSHA 501 - Trainer Course • UC San Diego Extended Studies - OSHA 521 - industrial Hygiene • 11C San Diego Extended Studies - OSHA 3115 - Fall Protection • UC San Diego Extended Studies - OSHA 2225 - Respiratory Projection • UC San Diego Extended Studies - OSIIA 2045 - Machine Guarding Standards • UC San Diego Extended Studies - OSHA 3095 • Electrical Standards (Low Voltage - Fed) • UG San Diego Extended Studies - OSHA 2255 - Principles of Ergonomics • 30-Hour OSHA Certified • Rail Road Safety Trained • Red Cross First Aid, CPR. and AED Instructor -Red Cross Arcadia Chapter • Hazardous Characterization (HAZCAT) Trained and Certified • Powered Industrial Truck Standard Trained • Worker Occupational Safety and Health Trained -- University of Los Angles • NLB 40k Water Blasting Trained • California Class A Driver with Hazardous Waste Endorsement • Caltrans Traffic Control Training Management Experience Mr. Perry joined his family's business in 2001 where he was cross -trained through various departments ranging from Dispatch to Accounting, Sales, and he also worked as a Laborer and Driver in the field. He has over 20-years of experience dealing with various types of hazardous and non -hazardous emergency response scenarios and has been trained to operate heavy equipment such as, Backhoe Loaders, Vactor Trucks, Vacuum Trucks and Roll -off Trucks Combined with an education in Business Administration and Occupational Health and Safety, this experience has molded Daniel into a well-rounded Project Manager who is skilled at meeting the needs of any Client who requires environmental remediation services. Mr. Perry's current responsibilities include those of Project Manager/Sales Representative and Occupational Health and Safety Trainer Daniel's Project Management experience began in 2016 and includes the organization of road closure permits, projects involving hazardous material remediation, and planning city-wide catch basin cleaning and retrofit projects. With regard to safely he researches and conducts training programs for United's Field Personnel including yet not limited to HAZWOPER 8-hour annual refresher training, proper use of fall protection and personal protection equipment, and CPR and first aid. On -call on a 24-hour basis Mr. Perry makes it a priority to ensure that United's office and field employees are conducting themselves in a safe and productive manner, and that they comply with regulatory protocols at all times Mr. Perry is always cognizant of amendments to the Occupational Health 8 Safety Act and the regulations and laws that govern our industry He is also skilled in inspecting and evaluating workplace environments, equipment, and field practices to ensure compliance and a safe working environment To this end he has built a reputation as a dependable employee who is always willing to go the extra mile to get the job done in a safe and environmentally conscious manner Examples of Related Project Experience 1. California Department of Transportation, San Diego County (2016-2020)—Served as Project Manager for on -call storm drainage structure maintenance. S ubsp; City Council Banhsp;26 lndash; lnhsp; I ()5 6/15/2021 '@nl7sr, 2- Various Cities Throughout Southern California (2016-Present)—Serves as Project Manager for installation of storm drain BMPs (automatic retractable screens, connector pipe screens. DrainPac) for interested cities throughout Southern California. 3 San Francisco Estuary Partnership (2016-Present)—Serves as Project Manager for installation of storm drain BMPs (automatic retractable screens, connector pipe screens, DraioPac) for interested cities throughout Northern California S ubsp; C;ily Council &nhsp;26 lndash; lnbsp; l O0 b/1 s/2021 @nhsp; Jose Ponce & Cesar Garcia Field Supervisor/Inspector Experience Since 2007 • 40-Hour HAZWOPER Training & 8-Hour Annual Refresher Courses • Traffic Control Training Per Caltrans Chapter 8 Standards • Confined Space Entry Training • Confined Space Rescue Training • DOT Certification • Bloodborne Pathogens Training • Medical Surveillance Program • O.M V & D.O.T. Drug & Driving Record Programs • CPR & First Aid Training LiveScan (Required by Transportation Security Administration) Field Experience Mr. Ponce and Mr. Garcia have 14 years of experience as ( ield Supervisors at United Storm Water. During this time they have performed scheduled and emergency response storm drain cleaning and inspections, installation of United fabricated structural Best Management Practices (BMPs), and maintenance of all varieties of structural BMPs (pump houses, CDS Units, StormCeptors, Vortex Units, compost filters and sand filters) under confined space procedures as applicable. These Field Supervisors have ensured that the manifesting, packaging, labeling, as well as transporting of waste has been completed properly Examples of Project Experience 1. State of California Department of Transportation (Caltrans), Los Angeles District 7 (2012-Present)—Supervised field staff on cleaning 8,500 storm drains on a scheduled basis, yearly cleaning of trouble storm drain lines, and yearly/as needed maintenance of 52 pump stations existing on highways in Los Angeles County. 2 City of Ontario (2007-Present)—Supervise field staff on storm drain maintenance and emergency response services including mobilization and traffic control, catch basin cleaning (1,650) and storm drain pipe cleaning (10,500lineal feet). 3. City of Santa Ana (2007-Present)— Supervise field staff for Citywide catch basin cleaning services (scheduled and as - needed) including mobilization and traffic control, ARS and CPS installation, and bus stop sanitizing in response to the - Covid 19 pandemic 4. City of Long Beach (2007-Present)—Supervise field staff on inspecting and cleaning 3,800 storm drains once a year, performing pump house inspection and maintenance, providing both trouble drain and emergency response services, and installing DratnPacr^ Storm Drain Filter Inserts, Automatic Retractable Screen Covers, and Connector Pipe Screens. I ubsp; C;iry Council B&nhsp;26 lndash;lnhsp; 10 o/1 s/2021 @nhsp; CONTRACTORS dG� STATE LICENSE BOARD ...... .... AC'I IV[ LICENSE 44 70583 CORP i,iNiTED $1'ORM WATER INC A C2t HAZ C31 C42 C21 _ 0 lIW021 w C%ID ca go, S ubsp; C;ily Council &nbsp;26 lndash;lnbsp;lOS 6/15/2021 @nhsp; partment of Industrial Relations STATE OF CALIFORNIA APPLICATION FOR PUBLIC WORKS CONTRACTOR REGISTRATION Registration Information Type: Renewal Period: July 1, 2020 —June 30, 2022 Contractor Information Contrantor Name: UNITED STORM WATER, INC Trade Name: t,INrrEo STORM WATER, INC License Type Number. 1000012438 Contractor Physical Address Physical Business Country: United States ofAmenca Physical Business Address. 14000 E. VALLEY BLVD Contractor Mailing Address Mailing Business Country: Mailing Business Address: Contact Info Physical Business City/ Province: CITY DF INDUSTRY Physical Business State: CA Physical Business Postal Coder 91746 Mailing Business City/ Province: Mailing Business State: Mailing Business Postal Code: Daytime Phone. Daytime Phone EXT Mobile Phone: Business Email: mansa@Dunitedpumping.com Applicant's Email: marisaL umtadpumping.com Registration Services:: Page 1 of 2 6/23/2020 8:46:34 AM S ubsp; C;ily Council &nhsp;2G lndash;lnbsp;l(i0 6/1 s/2021 @nhsp; Workers' Compensation Professional Employer Organization (PEO) Do you lease employees through Professional Employer Organization? No Workers' Compensation Overview Insured by carrier Carrier: XL Specialty Insurance Policyholder Name: LINl I'F.D STORM WATER, Inc. Policy Number: Wi:C30011.35 Certification Inception Date: December 31, 2019 Expiration Date: December 31, 2020 Yes I certify that I do not have any delinquent liability to an employee Or the State for any assessment of back wages or related damages, interest, fines, or penalties pursuant to any final Judgment, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award Yes I certify that the contractor is not currently debarred under Section 177J.1 or under any other federal or state law providing for the debarment of contractors from public works YesI certify that one of the following Is true: (1) 1 am licensed by the Contractors State License Board (CSLB) in accordance with Chapter 9 (commencing with Section 1000) of the Business and Professions Code; or (2) my business or trade is not subject to licensing by the CSLB. I understand refunds are not authorized I, Marisa Piro, the undersigned, am , UNITED STORM WATER, INC with the authority to act for and on behalf of the above named contractor. I certify under penalty of perjury that all of the above information provided if true and Correct. I further acknowledge that any untruthful information provided in this application could result in the certification being canceled - I certify this on: 6/23/2020 6:44:34 AM Legal Entity Information Legal Entity Type: Corporation Name. UNITED STORM WATER, INC Reglstratlon Services:: Page 2 of 2 S ubsp; C;ily Council &nhsp;26 lndash:lnhsp;170 o/15/2021 @nhsp; Appendix ATTACHMENT 3-1: NON COLT USION AFFIDAVIT CERTIFICATIONS IC ATIONS NON -COLLUSION AFFIDAVIT (Title 23 United Stares Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Tide 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has nor directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of BIDDER orally BIDW'R, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his o her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal- Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that makin'g a false certification may subject the certifier to criminal prosecution. Signed State of California County of LWAngeles Subscribed and sworn to (or affirmed) before tire on this day of Mkt -"' 20 2/ by [C1Wti4 P"Jr __._....... proved to me on the basis of satisfactory evidence to be the person(i) who appeared before me. E-`---" V CC-C-Cu% Le Notary Public Signature Notary Public Seal LILL10 yALDIYIES6 Sy Public- Calfornia omLm AngelesCountyCommissspn k 2129332 Cm. .Expires May 31, 202{ City of Santa Aria RFP 21-004 Rnl p, Page A3-1 C.ily Council Banbsp;26 lndash;lnbsp;171 b/1 s/2021 @nhsp; Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and 'belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing orattemptingto influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making orally federal grant, the making of any federal loan, the entering into orally cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a ` Disclosurc of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U- S-Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $I0,000 and not more than $100.000 for each such failure- 1'he prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language ofthis certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly - Finn United Storm Water, Inc. - .............. .... Signed and Printed Name: 6t�' Title Date _ 31E _-'. City ofSanta Ana -- RFP21-004 S'tnbspS PageA3-2 C;ily Council &nhsp;26 lndash;&nbsp;172 o/1 s2021 @nhsp; Appendix ATTACHMENT 3-3: NON-DISCRIMINATION CFR`i'IFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, reganif to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer, recruiument or recruitment advertising; layoffor termination; rates of payer other forms of compensation; and selection for training, including apprenticeship- 'the Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for- employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4- The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rule, regulations, and relevant orders of the Secretary of Labor- 5- 'the Consultant shall fiimish all information and reports required by Lxecutive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6- In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (l) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted City of Santa Ana RPP 21-004 Page A3-3 S mbsp; C;ily Council &nhsp;26 lndash;lnbsp;173 b/1 s/2021 @nhsp; by rules, regutat ions, or orders of the Sec ietary of -Labor issued pmsuam to Section 204 of Executive Order 11246 of September 24, 1965. so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into -quell litigation to protect the interests ofthe United States. 8. Pursuant to California Labor Code Section 1735. as added by Chaptcr 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, anccstty, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation ofthe Chapter. Signed: 6'�t /(' Eduar o errrT ry ram. —'- Title: President Firm: Q.njted Storm Water. Inc Date: 3 / 7_- City of Santa Ana RFP 21-004 S'tubsp; Page A3-4 C;ily C0u ICil &nbsp;26 lndash;lnbsp;174 6/l 5/2021 @nhsp; EXHIBIT C * CONFIDENTIAL flPUMPING SERVICE, INC. Proud ro Holp Keep AmerlCea Clean UNITED STORM WATER INC. -„q(l/17gR1�alluti vloe"umg o,., FEE SCHEDULE For City of Santa Ana Spill Response, Hazardous Waste Disposal, and Storm Drain Facilitv Maintenance Services (RFP No. 21-004) Effective 04/01/2021; Revised OS/05/2021 (Includes Fuel, PW Separate, 10%Markup; Portal -to -Portal) 14000 E. Valley Blvd., City of Industry, CA 91746 Sttnbsp Page 1. of I C.ily Council &nbsp;26 lndash;lnbsp;175 6/15/2021 @nhsP; TABLE OF CONTENTS Page No. Introduction . .......... ................... 3 Attachment A - Licenses & Permits ............ - .......... ............ 4 Attachment 6 - Equipment Owned .. ............... ............ . .............. 5 Rates 8 Operated Equipment Rates . ........... . ....... . . .. .. ................. 8 Unoperated Equipment Rates .............. ............ 9 Personnel Rates .................... ... . ............ ............ 10 Support Equipment Rates ............. - .............. ........... - 11 Rental Equipment Rates ................ ............. 13 Consummables Rates ............... .............. .............. 14 Outside Service & Disposal Rates is Rnbsp Page 1 of I C.ily Council &nhsp;26 &ndash;&nbsp; 170 o/1 s/2021 &III)SP, INTRODUCTION CAPABILITY & EXPERIENCE Since 1970 United has had experience in the remediation and transportation of hazardous materials on a daily basis. Our Field Personnel are trained in procedures relating to the safe handling of hazardous materials, are medically monitored, and have been trained and certified in the use of respiratory protetion, confined space entry, and CPR. United owns substantial equipment commonly used in performing emergency spill cleanups. This Includes a complete range of vacuum tricks, roll -off trucks, loaders, washing equipment, safety equipment, and the like. TYPES ,OF MATERIALS HANDLED United is licensed to remove and transport most categories of hazardous materials, excluding radioactive materials, explosives, and pressurized oxidizing gases such as fluorine, chlorine, as well as anhydrous ammonia. LICENSES & PERMITS See Attachment A. EQUIPMENTOWNED See Attachment B. ON -SITE IDENTIFICATION OF. SUBSTANCES United has the capability to determine ignitabillty, corrosiveness, certain reactablllty parameters, etc., onsite by way of Hazcat test method. we also have analytical Chemists available as required. LABORATORY .CAPABILITIES Extensive and elaborated analysis Is available with several prominent EPA and CAL -EPA approved commercial laboratories. DISPOSAL CHARGES Disposal tees are billed to the customer at cost plus 10% Service Chargc. BILLING All charges are computed on a portal to portal basis from our City of Industry Terminal. A four hour minimum applies to all equipment and personnel called out. Repair or replacement costs shall be charged for equipment damaged by Client. HOLIDAYS Per City calendar. TERMS Terms are net 4S days with approved credit otherwise C.O.D is required. A service charge of 1.5 % may be accrued against past due accounts. Stttbsp C;ily Council Pape I of I &nbsp;26 lndash;&nhsp;177 6/1 s/2021 @nhsp; ATTACHMENT A LICENSES & PERMITS United Pumping Service. and United Storm Water are general engineering contractors with the proper licenses, permits, qualifications, and approvals to perform turnkey environmental services. United _Pumping Service, Inc. California Contractors State License Board: No. 617639 A - General Engineering Contractor C21 - Building Moving, Demolition C31. - Construction Zone Traffic Control C42 - Sanitation System ASB Asbestos (for Bidding Purposes Only) HAT - Hazardous Substances Removal EPA Identification Number: CAD072953771 Hazardous Waste Transporter Registration Number (DTSC): 0063 Hazardous Materials Transportation License (CHP): 27388 Motor Carrier Permit (California DMV): 0001024 Hazardous Materials Certificate of Registration (DOT): Company ID 001660 Trauma Scene Waste Management Practitioner (California Dept of Public Health) Registration No. 79 Medical Waste Transporter (California Dept of Public Health): Registration No. 0063 Tire Program Identificaiton No. (California Integrated Waste Management Board): 100283?-01 Cal EPA/DTSC Transportable Treatment Unit Under Conditional Exemption: UPSDWI SCAQMD Rule 1.166 Contaminated Soil Mitigation Plan Company: Plan ID 576918 OSHA Trench and/or Excavation: Permit No. 2020-904435 United Storm Water, Inc. California Contractors State License Board: No. 768583 A - General Engineering Contractor C21 - Building Moving, Demolition C31- Construction Zone Traffic Control C42 • Sanitation System C27 - Landscaping HAZ - Hazardous Substances Removal EPA Identification Number: CAR0000G4931 Hazardous Waste Transporter Registration Number (DTSC): 4034 Hazardous Materials Transportation License (CHP): 1.32487 Motor Carrier Permit (California DMV): 02031.59 Ilatardous Materials Certificate of Registration (DOT): Company ID 056341 Cal EPA/DTSC Transportable Treatment Unit Under Conditional Exemption: USW0W1 SCAQMD Rule 1166 Contaminated Soil Mitigation Plan Company: Plan ID 526397 OSHA Trench and/or Excavation: Permit No. 2020-906094 Sttttbsp Page 1of1 C,ily CounciI &nhsp;26 lndash;&nhsp;178 o/15/2021 @nhsp; ATTACHMENT B EQUIPMENT OWNED TRANSPORTATION EQUIPMENT 1 each 142 Barrel Stainless Steel 3-Compartment Tanker 5 each 120 Barrel Mild Steel Vacuum Tankers 13 each 120 Barrel Stainless Steel Vacuum Tankers 2 each 120 Barrel Lined/Fiberglass Vacuum Tankers 1 each 70 Barrel Stainless Steel Vacuum Tankers 3 each 50 Barrel Stainless Steel Vacuum tankers 5 each Vactor Trucks, WeUDry (4500-7500 C.F.M) 4 each Vactor and Jetter Combo Trucks, Wet only 6 each Vactron Trucks 5 each 48' Drop Deck Trailers 8 each Enclosed Vans (28', 45', 48', 53') 9 each Semi -End Dumps, Demo Dumps (swinging back door) 11 each Roll -Off Truck & Trailers 7 each Emergency Response Utility Trucks with Lift Gate 24 each Stakebed Trucks with Litigate Hydraulic Hoists & Arrow Boards 16 each Pick -Up Trucks 2 each Bio Trailer S ubsp; Page 1 of 3 C.ily Council B&nhsp?G lndash; lnhsp; 179 b/15/2A21 @nbsP, SUPPORT EQUIPMENT 720 each Roll -Off Bins (10 to 40 cu yd capacity, dry waste and lined dewatering bins) 20 each Portable Liquid Storage Tanks (2,000 to 10,000 gal capacity) 12 each Various Washing Equipment & Pressure Washers (3,000 psi) 4 each Jetter Units (towable) 4000 psi Pressure Washer 5 each Hydrotech High Pressure Heated Wash Units 8 each Generators (10 K and 6 5 K) 8 each Air Compressors (160-180 CFM) 2 each Plasma Cutters 5 each Acetylene Units 8 each Forklifts (4,000 Ibs ihru 12,000 Ibs) 2 each 853 Bobcat -Loader (including auger, breaker, sweeper & grappler attachments) 1 each Minnie Excavator 10 each Wilden M-8 Pumps to M-15 Pumps Open City Safety Gear (Cascade Breathing Air Systems SCBA's, Protective Clothing, P.P.E.) 4 each Six (6) Person Air Purification Panels Misr. United has 24 hour access to any rental equipment in the marketplace. Riibsp Page 2of3 C.ily Council B&nbsp?6 lndash; lnbsp; 180 6/15/2021 @nhsp; TRAFFIC CONTROL EQUIPMENT 12 each Flood Lights with Generators 12 each Arrow Boards, Trailer Mounted with Generators 3000 each Reflective Traffic Cones, Caltrans Approved 250 each Delineators, Caltrans Approved 150 each Barricades with Caltrans Approved Warning Lights Type A. B. & C 200 each Associated Construction Signs with Changeable Lettering Features 6 each Stakebed with Truck Mounted Crash Cushions (TMCCJ) (Attenuater or Shadow Tr Riibsp Page 3 of 3 C;ity Council &nhsp;26 lndash;&nhsp;IN1 b/1 s/2021 @nhsp; OPERATED EQUIPMENT RATES- INCLUDES OPERATOR & FUEL " * NOTE: If Prevailing Wage See Footnotes DOUBLE TIME / NEW STRAIGHT OVER HOLIDAY..`. ITEM NO. EQUIPMENT NAME UNIT :TIME RATES TIME RATES RATES TANKERS c1100 Vacuum Truck, 50 BBLS Mild Steel HR $155.00 $225.00 $262.00 (:1105 Vacuum Truck, 50 BBLS Stainless Steel HR $157.00 $227.00 $264.00 C111.0 Vacuum Truck, 70 BBLS Stainless Steel LIR $163.00 $233.00 5270.00 C411S Vacuum Truck, 120 BBLS Fiberglass Lined HR 5199,00 5259.00 $30&00 C)A._: o Vacuum Truck, 120 BBLS Mild Steel HR $157-00 $227.00 $264.00 C1125 Vacuum Truck, 120 BBLS Stainless Steel HR $1.63.00 $233.00 $270.00 C1130 Vacuum Truck, 142 BBLS 3-Compartment Stainless Steel HR $203.00 $273.00 $310.00 VACTORS C1200 Combo Vactor/.letter Truck HR $271.00 $341.00 $378.00 C1205 Combo Vactor/letter Truck. Water Recycling HR $334.00 $404.00 $443..00 C1210 Vactor/Guzzler HR $253.00 $323.00 $360.00 C121S Vactor/Guzzler-High Rail HR 526&00 $336.00 $373.00 C1220 Vactron With Onboard Pressure Washer HR $174.00 $244.00 $281..00 C1225 Mini -Me (Low Profile Vac Truck) HR $1.60.00 $230.00 $267.00 OTHER C1360 End Dump Truck HR $150.00 $195.00 $222.00 C1370 Roll -Off Truck HR $157.00 $227.00 $264.00 C1380 Roll -Off Truck (Rocket Launcher) HR $149.00 $194.00 $221.00 Rnbsp C;ny Council Pace 1 of 2 Banbsp?6 lndash; lnbsp; 182 6/15/2A21 @nhsp; OPERATED EQUIPMENT RATES- INCLUDES OPERATOR & FUEL' ' NOTE: If Prevailing Wage See Footnotes DOUBLE TIME/' NEW STRAIGHT' OVER: HOLIDAY IT NO. EQUIPMENT NAME UNIT :TIME RATES TIME RATES RATES` C1390 Roll -Off Truck & Trailer (Tandem) C101.0 Fuel/Insurance Surcharge FOOTNOTES: . Fuel/Insurance Surcharge Included in rates. Overtime (Non -Prevailing Wage( HR $.149.00 $194.00 $221.00 N/A Included in Rates Overtime applies to vehicles listed above during any period worked in excess of 8 hours per day Monday through Friday, and from Friday midnight through Sunday midnight. Rnbsp C;ily Council Pave 2 of 2 Bcnhsp;26 lndash; lnhsp; 183 6/1 s/2021 'tnl7sp; UNOPERATED EQUIPMENT RATES" ' NOTE: Operator Billed Separately; If Prevailing Wage See Footnotes NEW ITEM NO. EQUIPMENT NAME UNIT RATES C2000 Biowaste Trailer C2010 Trailer -Cargo Trailer (12 Foot) C2,025 Pick -Up Truck (Includes Fuel) C7-030 Stakelted Truck W/Litigate (Includes Fuel) C2035 Utility Truck (E.R.) (Includes Fuel) C29.1.a Bobcat Loader With Trailer (Includes Fu('l) C21 �0 Bobcat Loader Grappler Attachment C2135 Bobcat Loader Sweeper Attachment C2145 Excavator -Mini Excavator With 'trailer (Includes Fuel) C2150 Forklift With Trailer (4000 thou 6000 lb. Capacity) W/Trailer llnoperated (Includes Fuel) FOOTNOTES: Fuel/Insurance Surcharge Included in rates. DAY $ 224.00 HR $ 22.00 Ilk $ 35.00 HR $ 52.50 HR 5 54.00 HR $ 115.00 DAY $ 130.00 DAY $ 130.00 FIR $ 1.28.00 DAY $ 172.00 - Overtime (Non -Prevailing Wage) Overtime applies to vehicles listed above during any period worked in excess of 8 hours per day Monday through Friday, and It midnight through Sunday midnight. Holidays are listed on page 3. Rlibsp C;ily Council Pape of &nhsp;26 lndash;lnhsp;184 o/15/2021 @nhsp; PERSONNEL RATES* * NOTE: If Prevailing Wage See Footnotes DOUBLE TIME / NEW STRAIGHT :OVER HOLIDAY ITEM NO. STAFF POSITION UNIT TIME RATES TIME RATES RATES C3025 Chemist/Industrial Hygienist HR $210-00 $129.00 $160.00 C3030 Environmental Safety Coordinator HR .595.00 $114.00 $145.00 C3uss Equipment Operator (for Unoperated Equipment Rates) HR $79.00 $1.21.00 $151.00 C3045 Project Manager HR $91.00 $110.00 $141..00 C;030 Supervisor HR $91D0 $133.00 $163.00 C30SS Technician Ilk $65.00 $107.00 $137.(10 FOOTNOTES: Straight Time (Non -Prevailing Wage) Straight time is the first 8 hours worked between 7:00 a.m, and 5:00 p.m. Monday through Friday. Overtime (Nan -Prevailing Wage) Over time is any period worked more than 3 hours and less than 12 hours between 7:00 a.m. and 5:00 p.m. Monday through Friday; any period prior to 7:00 a.m. or after 5:00 p.rn. Monday through Friday; and the first 12 hours worked on a Saturday. Stttbsp C;ily Council Pave I of I &nhsp;26 lndash; lnbsp; 185 6/15/2021 'tnhsp; SUPPORT EQUIPMENT RATES NEW ITEM NO. EQUIPMENT NAME UNIT RATES C1615 Hydrotech High Pressure Wash Unit HR $62.00 C4025 letter Unit, Towable (4000 psi) HR $72.00 C404.`; Pressure Washer- Cold Water (2500-3000 psi) DAY $464.00 C4050 Pressure Washer- Hot Water (3600 psi) DAY $464.00 Draeger Tester Pump DAY $31.00 C4120 Draeger Test Tubes EA $1.6.00 C41;25 Hazcat Kit DAY $181.00 C41.30 Hazcat Test TEST $.57.00 C4200 Chain Saw (16") DAY $72.00 C4235 Sawzall/Skill Saw (Includes 1 Blade) DAY $52.00 C4240 Sawzall/Skill Saw Additional Blade EA $15.00 Weed Whacker DAY $52.00 C431.5 Confined Space Gear DAY/CREW $361.00 C4345 Hazardous/Acid Suit (Level A) DAY $234.00 C4350 Hazardous Suit (Level 6) DAY $88.00 C4500 Arrow Board DAY 562.00 C4505 Traffic Cones DAY/EA $1.00 C4510 Traffic Signs DAY/EA .$6.50 C4650 Drum Deheader DAY $28.00 C4655 Drum Dolly DAY $22.00 Rnbsp C;ny Council Page 1 of 2 Banbsp?6 lndash; lnhsp; 186 6/15/2021 @nhsp; SUPPORT EQUIPMENT RATES NEW ITEM NO. EQUIPMENT NAME UNIT RATES r-4.660 Drum Grabber DAY $52.00 CIEG 5 Drum Pump (Poly) DAY $19.00 C4f,70 Drum Turner (Hydraulic) DAY $25&00 C4675 Drum vacuum DAY $10100 C11760 PalletJack DAY $34.00 C4830 Water Tank, Towable(500 gal) DAY $145.00 cd'835 Wheelbarrow DAY $14.00 Rnbsp C;ily Council Page 2 of 2 &nhsp?G lndash; lnhsp; 187 b/15/2021 @nhsP, RENTAL EQUIPMENT RATES NEW ITEM NO. EQUIPMENT NAME UNIT RATES' C5000 Bin Delivery (30 Mile Radius) EA $295.00 C5020 Bin Liner- Dewaterinp Bin Fabric Liner (130 micron) EA $160.00 C`a02 , Bin Liner Roll -Off Bin Plastic Liner EA $32.00 Rlibsp Page 1 of 1 C.ily COunCil &nbsp;26 lndash;&nbsp; 188 6/15/2021 @nhsP; CONSUMABLES RATES NEW ITEM NO. EQUIPMENT NAME UNIT RATES C6000 Absorbent (Superfine) BAG $10.50 C6005 Absorbent Sock (2" Dia, ZPG) FT $7.25 C6010 Absorbent Booms (3" Diameter x 4' Long) EA $11.50 C5015 Absorbent Pads BALE $103A0 C6025 Bleach GAL $5.25 C6065 Vermiculite BAG $62.00 C6101 Cardboard Box- 4' to 8' Long (For Light Tubes) EA $10.50 C6100 Cubic Yard Box With Pallet EA $144.25 C6105 Drum Liner- 55 Gal. EA $5.25 C6110 Fiber Drum 20 gal. D.O.T. (New) EA $51.50 C611S Fiber Drum- 30 gal. D.O.T. (New) EA $72.25 C6120 Fiber Drum-.5.5-gallon D.U.T. (New) EA $77.25 C6125 Fiber Drum- 55-Gallon D.U.T. (Reconditioned) EA $51.50 C6135 Overpack Poly Drum- 95 gal. (New) EA $268.00 C6140 Overpack Poly Drum- 95 gal. (Reconditioned) EA $165.00 C61.42 Overpack Poly Drum- 85 gal. (New) EA $204..00 C6151 Overpack Poly Drum 85 gal. (Reconditioned) FA $129.00 C614S Overpack Steel Drum 85 Gal. (New) FA $22.5.00 C6150 Overpack Steel Drum-85 gal. (Reconditioned) FA $1.29.00 C6155 Pail- S gal. D.O.T. (With Snap/Screw Lid) EA $26.OD Riibsp Page 1 of 4 C'.ily Council &nhsp;26 lndash;&nhsp; 189 6/15/2A21 @nhsp; CONSUMABLES RATES NEW ITEM NO. EQUIPMENT NAME UNIT C6160 Poly Drum Open Top- 1.5 gal. D.O.T. (New) EA $64.00 C61.02 Poly Drum Closed Top- 15 gal. D.O.T., White (New) EA .$44.50 C6156 Poly Drum Open Top- 30 gal. D.o.T. (New) EA 575.25 C6:1.70 Poly Drum Open/Closed Top- 30 gal. D.U.T. (Reconditioned) EA $55.00 C6171 Poly Drum Closed Top- 30-gal. D.O.T., White (New) EA S59.00 C6180 Poly Drum Open Top- 55 gal. D.O.r. (New) EA S75.25 C6J85 Poly Drum Open Top- 55 gal. D.O.T. (Reconditioned) EA $5150 C6190 Poly Drum Closed Top- 55-gal. D.O: f., White (New) EA 5S5.00 C61 75 Poly Drum Closed Top- 5S gal. D.O.T. (Reconditioned) EA $46.50 C6195 Poly Tote- 27.5 gal. D.O.T. EA $306.00 C6200 Sample Jar EA $3.25 C62.05 Sample I'ubes (Glass) EA $5.00 Ci211 Steel Drum Open Top- 55 gal. O.O.T. (New) EA $94.00 C6210 Steel Drum Open/Closed Top- SS gal. D.O.T. (Reconditioned) EA $48.00 C6212 Steel Drum Closed Top- 55-gal. U.U.T. (New) EA $84.00 C6300 Gloves- Neoprene/Rubber Gloves PAIR $7.00 C-S6302 Gloves- Nitrile Blue, SMil (Interior) BOX $19.00 C-S6303 Gloves- Nitrile Green, 22Mil (Exterior) PAIR $11.50 C6305 Gloves- Viton Gloves (For PCBs) PAIR $111.25 C6310 P.P.E. (Level C) DAY/MAN $51.50 C6330 Respirator Cartridge- Dual Full -Face (Organic vapor) PAIR $50.50 Rnbsp Page 2 of 4 C;ny Council &nhsp;26 lndash;&nhsp;190 6/15/2021 @nhsp; CONSUMABLES RATES NEW ITEM NO. EQUIPMENT NAME UNIT RATES ' C-E132S Respirator-3M Full -Face EA $20.00 (.6340 Saranex Suit (Acid Suit) EA $30.00 C-S6365 Tychem Virus Protecction Suit EA $53.00 CG350 Tyvek Suit (White) EA $1250 U:6 S5 Tyvek Suit (Poly) EA $19.00 C-S6400 Bags- Bio-Waste Bags (30 gal-) EA $1.75 C-S6405 Bags- Heavy Duty Plastic Bags EA $1.25 GS6452 Decontamination Kit EA $343.00 C-561110 Caution Tape (Harris) ROLL 538.25 C6125 Chlor-D-Tect Test Kit EA $32.00 C-S6430 Duct Tape ROLL $13.50 C-S6445 Hudson Sprayer EA $40.25 C-56448 Backpack Sprayer With Pump EA $40.25 C645 L' l..abels- Hazardous Waste Labels EA $0.80 C6455 Patch Kit EA $41.25 C6465 Plastic Sheeting, 10 mil (Black, 20'W x 1001) ROLL $95.00 C6475 Plastic Sheeting, 4 mil (Clear, 20'W x 1001) ROLL $62.00 C6480 Plastic Sheeting, 6 mil (Clear, 20'W x 1001) ROLL $109.25 C6485 Plastic Sheeting, 1.0 mil (Clear, 20'W x 1001) ROLL $171 25 C61190 Pump. Disposable Hand Pump EA $57.00 Rribsp Page 3 of 4 City Council Banhsp?6 lndash;&nhsp;191 6/15/2021 @nhsp; CONSUMABLES RATES NEW ITEM NO. EQUIPMENT NAME UNIT RATES CS6496 Rags (Box) BOX $60.00 C.S6500 Rags (Half Box) 2/2 BOX $33.00 C6505 Sand Bag EA $42S C652S Track Mats EA $303,00 Rlibsp Page 4of4 C.ily Council Banbsp?6 lndash;&nbsp;l92 6/15/2A21 @nhsp; OUTSIDE SERVICE RATES NEW ITEM NO. EQUIPMENT NAME RATES C7101; Outside Services Cost Plus 10% C7000 10%Surcharge (Outside Services) 10% DISPOSAL CHARGES C7100 Disposal Fee C71,.,10 Washout Fee- Hazardous Waste C71.1S Washout Fee- Non -Hazardous Waste i:7120 Washout Fee- Disposal Facility Cost Plus 1.0% Cost Plus 1.0% Cost Plus 10% Cost Plus 10% Rnbsp Page 1. of 1 C.ily Council &nhsp;26 lndash;&nbsp;193 6/1 s/2021 @nhsP; Appendix ATTACIIMENT 4 CONTRACT COMPARISON FORM RFP NO.2I-004 SPILL RESPONSE, HAZARDOUS WASTE DISPOSAL, AND STORM DRAIN FACILITY MAINTENANCE SERVICES Proposers shall complete this fonts and fixiode it as part of the fee proposal. This, limas will be used for f'ee comparison purposes only. 1_ABOR RATES OF CONTRACTOR PERSONNEL: United Storm Water, Inc_ Classification dourly Rates 4 Straight Time Over -Time Premium Time Project Manager $91.00 $110,00 `Ii141.00 Supervisor $911.00 `'133.ou ` 16;i.00 Chemist/lndusnialHygienist `Ii'1"1P:}.00 $129.00 "1'),10.00 Lead Technician l.c ui aaacnt Iylana er t] /9.00 $107 00 `f 121 t)(y `1, I i% 00 I;1 1 t)V:Y - Technician $ 65.00 $t 01.00 5,313 7.00 All personnel shall have a minimum of 40 hpur3 VIAZ-WOPER training Ei3 Specified by 29 CFR 1910-120. NOTE: Straight Time: Monday through Friday, from 7:00 mn to 4. 00 pni. Overtime: Monday through h'riday, helore 7: 00 am and after 4: 00 pm, and all day Saturday. Prenman Tune: Sundays. City llolidays and after 12 hours of work_ l-lciwly k akp; Nole . Vvtn?n Plovnileriy Vv aoe infer, ripply thr'� followincl nddih[wrll rues r1nwd he chna}(:d on kip bf lJniled's "I,=and,ird i,= w", four dB opc.rA(rl ("(luii)rttent: • !-kinIoN I nano $.AO/hw, Overhrno $60/na lhrublo l ime $86ihr City Council 26 — 194 6/15/2021 City of Santa Ana R17P 21-004 Page A4-1 Public Works Agency https://www.santa-ana.org/pw Item # 27 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report June 15, 2021 TOPIC: Agreement for Well Maintenance and Repair AGENDA TITLE Approve a Maintenance Agreement with the Mesa Water District for Maintenance and Repair of a Drainage Pipeline in the City of Santa Ana Right -of Way for the Lifetime of Mesa Water District Croddy Well 14 RECOMMENDED ACTION Authorize the City Manager to execute a no -cost agreement with the Mesa Water District for the maintenance and repair of a Mesa Water District -owned water conveyance pipeline located within the City of Santa Ana right-of-way, beginning upon execution of the agreement and continuing through the lifetime of Mesa Water District Croddy Well 14, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION Mesa Water District (Mesa) is the potable (drinkable) water supplier for most of the City of Costa Mesa, portions of unincorporated Orange County, and parts of the City of Newport Beach. Mesa purchased the property at 3120 South Croddy Way (Exhibit 1) in an industrial neighborhood in the southwest portion of the City of Santa Ana for the purpose of drilling a potable water well in the Orange County Groundwater Basin. Operation of Croddy Well 14 will require construction of approximately 500 linear feet of drainage pipe to carry the water produced when the well starts up and shuts down to the nearest City -owned storm drain pipe in Croddy Way. Although the drainage pipe will be constructed in the City of Santa Ana right-of-way, it will be owned, operated, and maintained by Mesa (Exhibit 2). Mesa will be responsible for the pipeline during the lifetime of Well 14, after which Mesa will remove the pipeline and restore the public right- of-way to its original condition. During periods of water shortages, the groundwater basin manager, Orange County Water District (OCWD), can require Mesa to operate Well 14 as a regional groundwater supply. Because the City's water distribution system has four interties to Mesa's distribution system, the City would directly benefit from Well 14 water when additional water production is directed by OCWD. City Council 27 — 1 6/15/2021 Approve Agreement with Mesa Water District June 15, 2021 Page 2 ENVIRONMENTAL IMPACT There is not environmental impact associated with the agreement. The Mesa Water District filed a mitigated negative declaration for the well project. FISCAL IMPACT There is no fiscal impact associated with this action. 1. Vicinity Map 2. Agreement with Mesa Water District Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency Approved By: Kristine Ridge, City Manager City Council 27 — 2 6/15/2021 City Council 27 — 3 6/15/2021 Recording Requested by and Return to: MI7SA WATER DISTRICT Atut: Cimicial Manager 1905 Placentia A\c. Costa Mesa, CA 92627 APN- 41�-024-17 Spacc above ills tine for kccordcr's Usc No IecoIdinq Pee per Gov't Code [,103 WATER WELT, BLOWDOWN WATER CONVEYANCE 1'11'ELINE MAINTENANCE AND INSPECTION AGREEMENT BETWEEN THE CITY OF SANTA ANA AND MESA WATER DISTRICT SUBJECT PROPERTY 3120 S CRODDY WAY SANTA ANA, CA 92704 Mesa Water: MESA WATER D1STR1Cf APN: 415-024-17 THIS AGREEMENT is inadc and u7ta-cd into on this _clay of 2021, by and between the MFSA WA ITR DISTRICT, a counry water district 01-gani7cd and existing pursuant to California Water Code Section 30000 et. seq. (hereinalter, "Mesa Water"), and the Cl IN OF SANTA ANA, a municipal corporation, located in the County 01'01-ange, State of Calilitmia (hereinafter, "City,). The City and Mcsa Watcr(-R') may herein also be rcterred to individually as "Party" or collectively as "Parties." RECITALS A_ Mesa Walcr certain owns real property located at 3120 South Cloddy Way, idemificd as Orange County Assessor Parecl No. 415-024-017, located ill the City of Santa Ana, County of Orange, State of California (hereinafter. "Property"), more specifically described in kxhibit "A" and depicted in Exhibit "l3". each of which exhibits is attached hereto and incorporated herein by this rererence. B. Mesa Water is in the process ofconstmeting its Cloddy Well 14 Project ("Project'") on the Property, to provide reliable drinking water to its customers. 'l lie Project includes the construction of a conveyance pipeline to the City of Santis Ana storm water catch basin for the water produced dining well startup and shutdoti,n ("Well Slowdown Conveyance Pipeline") extending lrom the Property into the City right-of-way on Croddy Way. Specifically, City Council 27 — 4 6/15/2021 within the City right-ot=way, Mesa Water will be constructing, with respect to the Well Hlowdown Conveyance Pipeline, approximately 500 linear feet of 18-inch diameter PVC and 500 linear leer of4-inch diameter sump outlet pipe- C. In conjunction with the Project, and specifically the Well Blowdown Conveyance. Pipeline, Mesa Water and the City have agreed that Mesa Water is required to perform certain regularly required maintenance or replacement to ensure the efficient function of such itnprovctnents, including_ (1) vacuuming dre low point of the 18" storm drain line, as needed For vector control: (2) anuuall_y testing the 3trt11p pump per Mesa Water Standard Operating Procedure ("SOP") 45; (3) maintaining the 2" PVC ball valve, 2" brass swing check valve, and t" shut-offvalve per the equipment maintenance manual; ( I) quarterly inspecting and, as necessary, replacing the Check valves in the catch basin; and (5) perlkinuing and otherwise complying with vector control requirements, set forth by the Orange County Mosquito and Vector Control District, as relevant to the Well Blowdown Conveyance Pipeline (hereinafter, "Maintenance Oblinations"). D. Though extending into the City right-of-way, the Well Blowdown Cmtvcyancc Pipeline ,hall be considered a private lacility with all maintenance or replacement therefore the sole responsibility of Mesa Water in accordance with the terms of this Agreement. 1'he Parties agree as follows: AGREEMENT Section 1. Construction of Well Blowdown Conveyance Pipeline Mesa Water shall construct the Well Blowdown Conveyance Pipeline pursuant to Mesa Water's approved plans and specifications. Section 2. Maintenance of Well Blowdown Conveyance Pipeline. Mesa Water shall be responsible for the performance of the Maintenance Obligations, as defined herein, and shall, as may be requested li-om time to time by the City, provide the City with dOCttinentallOn identifying the maintenance performed. Section 3. Compliance with Applicable Clean Water Requirements. Mesa Watet shall be required to comply with any and all clean water requirements applicable to the Well Blowdown Conveyance Pipeline, including requirements associated with any applicable Nalinnal Pollulanl Dischorge Elimination Syslem ("Nf`DLS") permit and/or local and regional discharge requirements, as such may be amended From time to time. Section 4. Replacement of Well Blowdown Convevance Pipclinc. Mesa Water shall be responsible for replacing the Well Blowdown Corn,cyance Pipeline, inclusive of its component valves and related appurtenances, when reasonably necessary at the end of its useful life, unless or until such time as this Agreement is terminated as provided in Section 8. Section 5. City Access for Inspections and Repairs. The City, as to those components located within the City right-of-way, shall have complete access to such components for purposes of inspection, sampling, and/or testing_ As to any components located City Council -2- 27 — 5 6/15/2021 on the Property, the City, inclusive of its officials, employees, agents, comractors, and subcontractors, shall be provided reasonable access to the Well Blowdown Conveyance Pipeline, preferably within one business day of any request, likewise Ibr inspection, sampling, and/or Lesling. In the event ofan emergency, the City shall conlaet Mesa WaLCI's ctne-gency line at (949) b31-1200 to arrange for immediate access to areas on the Property- . Section 6. Emergency Repairs. In the event Mesa Water tails to accomplish the. Maintenance Obligations contetmplated by this Agreement, within live (5) days of being given written notice by the City, the City is hereby authorized to cause any of the necessary Maintenance Obligations to be done and charge the entire cost and expense to Mesa Water, including administrative costs. Section 7. Encroachment Pel'LYlif Requirements. Mesa Water acknowledges that Ibr any work on the Wcll Blowdown Conveyance Pipeline taking; place in the City streets and/or sidewalk right-of-way, Mesa Waterwillbe required to obtain an enerirachment permit fi-om the City, based on the then -applicable requirements. Section 8. Termination. "I'he Agrccmcnt shall remain in effect while the Project is in operation on the Property, and shall terminate when the Project is closed and/or abandoned by Mesa Water, at which point Mcsa Water- shall take mcastu-es to remove the Wcll Blowdown Conveyance Pipeline and restore the right of -way to otiginal conditions. Section 9. Recordation. This Agn-eement shall be recorded in the Office of the Recorder of Orange County, California, at the expense of the Mesa Water and shall constitute notice to all successors and assigns of the title to said Property, if any, of the obligation herein set forth. Section 10. Successors and Assittns. Mesa Water and the City agree that this Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of Mesa Water and the City. Section 11. Covenant to Run with the Land. It is the intent of the parties hereto that burdens and bcncl'its herein Lndertakcn shall constitute covenants that ran with said Property and constitute a lien there against. Section 12. Time is of the Esscnce. Time is of the essence in the performance of this Agreement. Section 13. Reuresenlalion by Independent Counsel. Both Parties a6 rcc and acknowledge they have had the opportunity to review the Agreement and otherwise discuss the matters contained herein with legal counsel. Additionally, each Party has had the opportunity to cooperate in the drafting and preparation of this Agreennenl_ Hence, in any cxmsuuction to be made oCLhis Agrccmcnt, the stone shall not bec eonsu-ucd against any Party - Section 14. Authority to Execute Agreement. Each of the Parties warrants and repicsents that they have fulfilled all corporate and munieipal lornialitics to enter into this Agreement and be bound by the terms of this Agreement. Each of the signatories warrants and represents that each ofthe n has hinding authority of the entity on whnse behalf he/she, is signing this Agreement. Further, the Parties agree to take, or cause to be taken, all action and City Council - 3 - 27 — 6 6/15/2021 tit do, or cause to lie done, all things necessary, proper, or advisable under applicable laws and regulations to consummate and make effective the terns and conditions of this Agreement. Section 15. Notice. Any notice to a party required or called for in [his Agrecnncnt shall be served in person, or by deposit in the U.S. Mail, first class postage prepaid, to the address set forth below. Notice(s) shall be deemed effective upon receipt, or seventy-two (72) hours after deposit in thc. iJ-S. Mail, whiehcvcr is earlier. A party may change a notice address only by providing written notice thereof to the other party. Notice shall be sent to, unless changed in writing by the respective party: IF TO TI IE CITY. Daisy Gomez, Clcrk of the Council City of Santa Ana 20 Civic Center Plaza- M-30 Santa Ana, CA 92702 With Copy To: Nahil Saba, P.E., Executive Director City of Santa Ana 20 Civic Ccntcr Plaza M-21 Sama Ana, CA 92702 1IWESI TAIoG'1-�4W-m1"S Tracy Manning, Wlcr Operations Mesa Water District 1965 Placentia Ave. Costa Mesa, CA 92627 Section 16. Severability. It by operation of law, order of a court of competent jurisdiction, or other reason, it is determined that any Section. Subsection, clause or other provision ofthis Agreement is illegal, nunull, void, invalid, Unenforceable or in violation of public policy, the remaining Sections, Subsections, Clauses and othcrprovisions of this Agreement shall not be affected thereby and shall continue in hill force and effect to the extent That the invalidity or unenforceability does not impair the application of this Agreement as intended by the parties. Section 17. Entire Agreement. This Agreement contains the entire understanding and agreement between the Parties with respect to the nnaucrs set forth herein- No other representations, covenant;, Undertakings or other prior or contemporaneous oral agreements respecting such matters which are not specifically incorporated herein shall be deemed in any way to exist or bind any of the Parties. The Parties, and cash of them, acknowledge that they have not executed this Agreement in reliance on any such promises, representations, or war-anLies. Section 18, Modification of Agreement- This Agreement shall not be modified by any Party by oral representation made before or after the execution of this Agrecmatt. All modifications must be in writing and signed by the Parties. City Council - 4 - 27 — 7 6/15/2021 Section 19. Governing Law. This Agreement is entered into, and shall be consulted and interpreted, in accordance with the laws of the State of California. Section 20. Titles and Captions. Paragraph titles and captions in this Agreement are inserted only as it mailer of convenience and for reference and in no way define, limit, extend, or describe the scope of this Agn-ecanent or the intent of any provision thereof. Section 21. Counterparts. This Agreement may be executed in counterparts. Lach of the counterparts when so executed and delivered, shall be deemed an original and, taken touether, Shall Constintte one and the same insuument- IN W I I NFSS TI II'.R IiOP, the parties hereto have affixed their signatures as of the date first written above- CI1Y OF SAN I'A ANA Kristine Ridge, City Manager Date APPROVED AS TO FORM= �a N'. J(Win M. Funk, Sr. Asst. City Attorney MESA WA I Fa{ DIS I RIC'I Paut Shoenberger. Y.E., Superintendent Date APPROVED AS 10 FORM: ATKINSON, ANDELSON, LOYA, RUUD St ROMO General Counsel �►[#i�i�.7I9.YU7�#7���i9I►R#t•t7��#1q City Council - 5 - 27 — 8 6/15/2021 ►TOM ERIN■bGObAItlg0 A notary public orother olTicercompletinL this Celli l]Cate velihes only the identity of the iodic-idual who iertCd dtC dUeRnlCoT 10 which 111i3 eptificatC I; Itrached_ and nor the till rhfill nCss. accuracv. or validity of SFA I L OF COLINTY OF On , 10 , before me, a Notary Public in and for said State, personally appeared who proved to mC on the basis of satisfactory cvidenec to be the person(,) whoa: Hance(;) is/arc stlbsu ihed to he Wilhin inslrtlllle9tl .and acknowledged to me that he/she/lhcy executed the same in hia/hep/Ihcir authorized capacity(ics), and that by his/her/their signature(s) on the instrument the petson(s), or the entity upon behalf of which the person(s) acted, executed the instrument - I certify under PENALTY OF PERJURY under ncc law, of the Stare of Calitornia that the tixegning 11.11.1grmph is true and COI J CC .. WITNESS my hand and official .cal. Norary Public in and tier said Suite ( SEAL) City Council 27 — 9 6/15/2021 ACKNOWLEDGEMENT A notary public rn'other offixr completing rhii caCtificare verifies only the identity of the individual who sinned the document to which this ceitificate is attached, and not the truthf tticss, accuracv, or validity of f.'fI1F_U1eRi]C COUNTY OF On , 20, bcforc mc, a Notary Public in and for said Siatc, pct-sonally app(-arcd who proved to me on the basis of satisfactor), evidence to be the pet son(s) whose nante(s) is/are subscribed to the within insmtntent and acknowledged to nu rhar he/ihe/they executed Clio same in IlkAler/their authotived capacity(ics), and that by hiN/hcr/their .i;naturc(s) on the inarumcni the pcnon(a), or the entity upon behalf of Nhich the pet-on(s) acicd, executed the instrument. l certify under PENALLY OF PERJURY under the laws oh the State of California that the tbregoing paragraph is tine and correct. WTTNFSS my hand and official seal_ Notary Public in and for said State (SEAT_) City Council - Z - 27 — 10 6/15/2021 EXHIBIT A The real property de cribed as - PARCEL 2, AS SHOWN ON A PARCEL MAY IJLLD 1N BOOK 139, PAGES 10 AND 11 01: PARCFI, MAPS, IN I'HF OFFICE: OF FHF' COUN I'Y Rh:COlil)Fai OF CMAN( F. COUN I-Y. Orange County Assessor Pared No.:' 15-02/1-17 City Council Ex. A-127 — 11 6/15/2021 t O W F EXHIBIT H 01 i 5 GE%57ROM - CARRIAGE DRIVE Rx ?Oa k. ,a 0 ,= Roei a GA/!HY S MM A0^ �' {fOORF to a MAC AfIf R [r.cttt�x e✓£wuI 04 11 pp n N O N a O PB1PY sx.u.my. ,idly 8a&FvAR0 Im a cn O N City Council Ex. B-27 — 12 6/15/2021 Community Development Agency santa-ana.org/cd Item # 28 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report June 15, 2021 TOPIC: Agreement with County of Orange for Parking Lease at 420 N Main Street AGENDA TITLE: Approve an Agreement with County of Orange for a Parking Lease at the 420 N Main Street Parking Structure RECOMMENDED ACTION Authorize the City Manager to execute an agreement with the County of Orange to lease 40 parking spaces at the City -owned parking structure at 420 N Main Street, for a five- year term from August 1, 2021 to July 31, 2026, with an option to extend for an additional five-year term, in the amount payable to the City's designated parking operator in the amount of $2,000 per month, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION Since April 1998, the County of Orange has leased 40 parking spaces at the 420 N Main Street (511, and Main) parking structure from the City at the fair market monthly rate of $2,000 per month ($50 per space). The County wishes to enter into a new lease agreement at the same rate for a five-year term with an option to extend for an additional five year term for these 40 parking spaces. These parking spaces will continue to be used by County employees located within close vicinity from the parking structure. The City of Santa Ana will reserve the right to adjust the monthly parking rates in the event of an increase in rates for the general public at the parking structure as determined by the City, provided a 30-day written notice. Either party may terminate the agreement with a 30-day written notice. FISCAL IMPACT County of Orange will remit monthly payment to the City's parking operator. The Parking Operator submits net revenue for this parking structure to Fund 27 - Parking Operations — Main Parking Structure "D" revenue account (no. 02718002-53906). City Council 28 — 1 6/15/2021 Agreement with County of Orange for Parking Lease at 420 N. Main Street June 15, 2021 Page 2 EXHIBIT(S) 1. Agreement — Parking Lease with County of Orange Submitted By: Steven Mendoza, Assistant City Manager Approved By: Kristine Ridge, City Manager City Council 28 — 2 6/15/2021 EXHIBIT 1 (A L'S4-1 _t H jlrh C,), A1_C,,, V 4 0 N_ Mum � nr i Ana CA 4_701 LICENSE AGREEMENT .I HIS LICENSF A( SEMEN f ("License") is made quid entered into 2021 (" Effective Date"), byand between CITY OI� SANTA ANA, n chnrter city and municipal corporation (hereinafter referred to as "Licensor") and the COUNTY OF ORANGE, a political subdivision of the Slate ol'Californin (hereinafter referred to as `County"), without regard to number and gender. County and Licensor may sonetinnes hci-cinafter be referred to individually as "Party" or jointly as 'Parties." RECTTAT.S A. County and Licensor entered into that certain licciisc dated February 1, 2020 (`2020 License"), Over that certain real property described in Exhibit A attached hereto under which Licensor granted County the right to park forty (40) vehicles at 420 N. Main Street, Santa Ana parking garage. the 2020 License commenced on f6ruary 1, 2020 and terminated on January 31. 2021. Tl. The Parties agree that from February 1, 2021 through July 31, 2021, the County shall remain in possession of the License Area in holdover at the current monthly License 1� ec Of two thousand and 00/100 dollars ($2,000.00) consistent with the 2020 License. C. County and Licensor desire to enter into a new License Agreement for County's continued use Of the 420 N. Main Street Santa Ana parking garage and to extend the Term Of the License for live (5) years, through July 31, 2026; with the option to extend the tetra (tile "Option") of [his License, under the same terns and conditions, for one (1) consecutive five (5) year period (' '.xtension 'Perm"), as more fully set forth in this License. DEFINITIONS (SALic-1.0 S) The following words in this License shall have the significance attached to them in this Clause 1 (DEF.IN1T1ONS), unless Otherwise apparent from context: "Hoard of Supervisors" means the Hoard of Supervisors of"the COunty ofOrange, A political subdivision Of the State of California. "Building" means the building commonly Mown as the parking structure located at 420 N. Main Street, Santa Ana, California 92701, constitutin2. a portion of the Licciisc Area- "CEO/Office of Risk Management" means the Risk Manager, County Executive Office, Risk Management, for the County of Orange, or designee, or upon written notice to Licensor, such other person orunity as shall be designated by the County Executive Officer or the. Board of Supervisors. City Council 6/15/2021 II=//2021 Page 1 of 12 420 N. Main Pu1,,ag Li. rase Hui.m (arc AKcncy ltmid rd Acgtjl mien I iccrnc I omi EXHIBIT 1 "Chief Reel Estate Officer" means the Chief Real I stare Officer, Cuunty Fxecutive Office, Real I estate Section, County of Orange, or upon written notice to Licensor, such other person as shall be designated by the County Lxecutive Officer. "City Manager" means the City Manager ofthe City of Santa Ana, or such other person as shalt be designated by the City Manager. "County Executive Officer" mean, the County Fxecutive Officer, County Itxecutive Office, County of Orange, or designee, or upon written notice to Ticensor, such olherperson or entity as shall be designated by the Board of Supervisors. AIcalth Care Agency" or AICA" means the I Icalth Care Agency, County ofOrange, or designee, or upon written notice to Licensor, such other person or entity as shall be designated by the County Fxectuive Officer or the Board of Supervisors. "HCA/Facilities Service Manager" means the Manager, HCA/Facilities Services, County of Orange, o LlcsignCC or upon written notice. to Liccnsor, Such other person or entity as shall be dcsi.gnatcd by the Director of the Health Cary; Agency. 2. LICENSE AREA (SALic-l.l S) Licensor �,ants to County the right to access and nun -exclusive use of luny (40) parking, Spaces located in the packing stmemic within a portion of that certain property located at 420 N. Main Street, Santa Aua, California 92701. described in Fxhibit A and shown on lixhibit 11, which exhibits arc attached hereto and by reference made it part hereof (hereinafter referred to as "License Area,"), together with non-exclusive, in common use of driveways for vehicle ingress and ezress, pedestrian walkways, other facilities and common areas appurtenant to the Liecnse Area_ 3. USE (SALic-1.2 S) County'., use of the License Area shall be for the parking of annJrnONICS and vehicles, by Couluy, its agents and employCCS, purposes or any other lawful purposC. County shall have access to thn License Area and use thereof during the weekly schedule of Monday through Saturday, including County :urd national holidays, during, the hours of 630 a-m_ — 11:00 p_m_ ("Access How's"). County shall not usC the License Area or any portion thereof for any illegal or unlawtul purpose and will not cause or pennit a nuisance to be created or maintained therein. 4. PARKING (SALic-1.3 S)— intentionallt: omitted 5. `I'FRM11INATION OF PRIOR AGRFh;MI?NTS (SALic-1,4 S) It is nultually agreed that this License shall terminate and supersede any prior agreements between the Parties hereto covering all or any portion of the License Area, as defined in that eci tain License dated 1 ebruary 1, 2020 by and between both Parties. Notwithstanding the foregoing, this provision shall not release the Parries from any obligations under any prior agreements to be performed through the Commencement Date of this License or fi-om any obligations of indemnification based upon events occurring prior to the cl Icctivc, date of this License - City Council 28 — 4 6/15/2021 II=/7/2021 Page 2 of 12 420 N. Main 1`u1,,ag Li: ruse Hearn (Ire ApcIILj ltzindmd Acgtll+woll I IcLrl c Ionl EXHIBIT 1 6. TERM ISALic-l.5 S) Phis I.icense shall commence on August 1, 2021. ("Commencement Date") and shall continue in effect until July 31. 2026 (" Fern"), unless terminated earlier in accordance with Clause 7 (t LRM1NA'l ION) of this License. The Parties shall have the option to extend the term (the "Option") of this License, under the same terms and conditions, for one (1) consecutive five (5) year period ("Extension Term"), exercised by the Chict Real Lstate Officer and memorialized in an amendment executed by the Chicf Real Estate Officer and Licensor. County shall give Licensor written notice of its intent to exercise its Option to extend the Term tit sooner than IN'CIVe (12) months and no later than nine (9) months prior to the License termination date. The Parties agree that the I.icense Fee during the Extension Term shall be consislent with Clause 8 (1 JCFNSF: FFF). ..l errn'l a5 used in this License shall mean the initial l er'rn and the Extension l errn(s) it the Op[toll IS dilly exercise& if the County exercises the Option to extend, County shall continue to have the option to terminate the License pursuant to Clause 7 (I F;IW INA I ION)_ 7. TERMINATION (SAI.ic-1.6 S) .I his License shall be revocable by either Party at any time; however, as a courtesy, the terminating Party will attempt to give thirty (30) days wrirten notice to the other Party prior to the termination date. S. LICENSE FEE (SALic-1.7 S) County agrees to pay Licensor, starting on the Commencement Date, the sun of Fifty Dollars (SS0.00) per parking space ("Per Parking Space Rate"), which equates to the total sure of Two Thousand Dollars ($2,000_00) per month, as a fee for use of the License Area ("License Fee")_ During the Term of this License, Licensor reserves the right to change the above -mentioned Per Parking Space Rate in the event of an increase in rates for the general public at the parking structure as determined by Licensor, upon no less than thirty (30) days prior written notice to County consistent with Clause 31 (NOTMES). The License Fee shall be adjusted consistent with the new Per Parking Space Rate, which shall not exceed seventy and 00/100 dollars (S70.00) per parking space at any time during the Term_ To obtain License Feee payments due hereunder, Licensor (or Licensor's designee) shall submit to [he County's HCA/Facilitics Service Manager olliccc in a loan acceptable to the HCA/Facilitics Service Manager, a written claim for said pavments. Payrnern shall be Lluc. and payable. within twenty (20) days alter the later of the following: A. The first day of the month following the month earned; or B. Receipt of Licensor's written clairn by the FICA/Facilities Service Manager In (lie event the obligation to reimburse or pay begins or lerminates on some day other than the first or last day of the month, the fee shall be prorated to reflect the actual period ofuse based on a thirty (30) day month. City Council 28 — 5 6/15/2021 II=/7/2021 Page 3 of 12 420 N. Main Pu4cing Li: rust Hearn (arc AWcllLj ll}llldmd Acgtll+nioll I Icunsc Ionl EXHIBIT 1 9. UTILITIES, MAINTENANCE AND JANITORIAL (SALic-1.8 N) Licensor shall keep the License Area clean and in good repair during any time which County, or their respective agents and ctnpluycCa, use. the License Area at its sole cost and expense. At all other times, Liccnsc» - shall keep the Liccnsc Area clean and in good repair, at its sole cost and expense. Except as otherwise expressly set forth in this I.icensc, Licensor shall he responsible for all cost% relating to the ownership, operation and maintenance of the License Area, including all charges for utilities. 10. ALTERATIONS (SALic-1:) N)— intentionally omitted 11. OWNERSHIP OF IMPROVEMENTS (SALic-2.0 N) — intentianally oinitted 12. OPERATIONAL REQUIREMENTS OF COLINTY (SALic-2.1 N) —intentionally omitted 13. INMARANCF (SALic-2.2 N) Both County and Licensor are sell=insured government entities, licensor shall 1<eep in force during the Ternn acid of this Liccnsc such self-insurance covering the loss or damage to the License Area to the fiill insurable value of the impiovumcnts lucatud un the Building (including the ftill value of till itnprovcmums and tixntres owned by Licensor) at least in the amount ol'the full replacement cost thereof, and in no event less than the total amount required by any lender holding a security interest, as well as covering all injuries occurring within the bnildine and the license Area. 14. INDEMNIFICATION (SALic-2.3 N) Licenses- hereby agrees to indemnify, hold harmless, and defend County, its elected and appointed officials, officers, agents, employees, and those special districts and agencies which the Board of Supervisor; acts as the governing board, with counsel approved by County, against any and all claims, loss, demands, damages, cost, expenses or liability arising out ol"illc ownership, maiutcllanco, or use of the License Area, except for liability arising out 01'the negligence of County, its elected and appointed officials, officers, agents, or employees, including the cost of defense ofany lawsuit arising thereli-onn. County hereby agrees to indemnify, hold harmless, and dcicnd Liccnsor, its elected and appointed officials, officers, agents, and employees, against any and all claims, loss, demands, damages, cost, expenses or liability arising out of theuse of the Liccnsc Area by Cotuny, except for liability arising nut of the negligenec of Ticensor, its elected and appointed officials, officers, agents, or employees, including the, cost of defense, of any lawsuit arising therefrom. To the event judgment is entered against County and Licensor because of the concurrent ncgligcncc of County and Licensor, their officers. agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither Party shall request a jury apportiomnem. 15. ASSIGNMENT AND SUSAGREEMENTS (SALic-2.4 N) County has the right to assign or sublicense, so long as Liccnsor provides County with prior written consent To assign or sublicense, which consent shall not be unreasonably delayed or withheld. City Council 28 — 6 6/15/2021 II=//1021 Page 4 of 12 420 N. Main ru43u@ Li. ruse Hua.t, C'atc AKcncy ltmidail Acquimuon I lccrnc I oim EXHIBIT 1 16. LABOR CODE COMPLIANCE (SALic-2.5 N) — intentionally omitted 17. RIGHT''I'O WOI21C AND MINIMUM WAGh: LAWS (SAI.ic-2.6 N)—intentiona/lyontitted 18. SIGNS (SALic-2.7 N) County may only install and maintain any sign or display upon or fit trout oh Ilic License Area and/or Building after receiving written approval trom Licensor. Licensor reserves the right w approve or deny any County request to install signs in its sole discrelion. If approved, such signage shall comply wish all applicahIe Taws and zoning and site plan requirements. Additionally, County shall be responsible liar all costs associated with installation, maintenance, and removal of any signs approved by Licensor. 19. AUTHORITY (4.0 SALic-2.8 S) The persons execuling the L1CCthsc below on behalf of County or Licensor warrant that they have the power and authority to hind County or I.ice isnr to this License_ 20. LICENSE ORGANIZATION (SALic-2.9 S) The various headings and numhers herein, the grouping of provisions of this Liccuse into separate clauses and paragraphs, and the organi/ation hereof, are for the purpose of convenience only and shall not he considered otherwise. 21. AMENDMIliNTS (SALic-3.0 S) 'Phis I.icense is the sole and only agrcenhent between the Parties regarding the subject matter hereof; other agicetnuits, either oral ur written, are void. Any changes to this License shall be in writing and shall be properly executed by both Parties. 22. PARTIAL INVAT.TDTTV (SALic-3.1 S) If any term, covenant, condition, or provision of this Liccnsc is held by a court of competcm juri sdi cti oil to be invalid, void, of tinctifoiceable, the remainderof the provisions herect shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby. 23. WAIVER OF RIGHTS (SALic-3.2 S) The failure of Licensor Or County to insist upon strict perfimnance of any of the terms, conditions, and covenants in this License shall not be deemed a waiver of any right or remedy that Licensor or County may have, and shall not be deemed a waiver ofany right or remedy fora subsequent breach or defanit of the terms, conditions, and covenants herein contained. 24. GOVERNING LAW AND VENUE (SALic-3.3 S) Phis License has been negotiated and executed in the State of California and shall be governed by and City Council 28 — 7 6/15/2021 II=/7/2021 Pagc 5 of 12 420 N. Main ru4cing Li. rust Hearn C'arc AWcncy ]imndmd Acgtjl mien I iccnsc I omi EXHIBIT 1 consu-uell under the laws oI'III e S I a I e ofCaI lornia- in the event orally legal action to enforce or interpret this License, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, Calil'rnnia; and the Parties hereto agree to and do hereby submit to the jurisdiction oh such court. norwithstanding Code of Civil 1'rocedure section 394. 25. ATTORNEYS' FEES (SALic-3.4 S) In Lhe evcrtl of a dispulc between Licensor and County concerning claims arising, out of this License, or in any action or proceeding brought to enlbrce or interpret any provision of this License or where any provision hereof is validly asserted as a defense, each Party shall bear its own attorneys' fees and costs. 26. TIME OF ESSENCE (SALic-3.5 S) Tiole is of the essence of this License- Failure to comply with any time requirements of this License shall constitute a material breach of this License. 27. IiNSPECTiON OF LICENSE AREA BV A CERTIFIED ACCESS SPECIALiST (9Ai.ic-3.6 S) A Certified Access Specialist ("CASp") can inspect the License Area and detennine whether the License Arca comply with all of the applicable umsu-uction-related accessibility stancards Linder state law. Although state law does not require a CASp inspection of the License Area, the commercial property owner nr licensor may nut prohibit the licensee or tenant from obtaining a CASp inspection of the License Area for the occupancy orpolenlial occupancy ofihe licensee or tenant, Ifrequesled by the licensee or tenant The Parties shall mentally agree on the arrangements for the time and manner of the CASp inspection, the payment ofthe fcc for the CASp inspection, and the cost ofinaking any repairs necessary to con cct violations of -eon tr'uetion- related accessibility standards within the License Area- PLLISuallt to California Civil Code 1939, Licensor hereby rgirescnti that Lhc Liccnsc Arca has not undergone an inspection by a certified access specialist and no representations are made with respect to compliance with accessibility standards. if it is determined during this tenancy that a violation of handicapped access laws (including the Americans with Disabilities Act) exists at the license Area, Licensor shall correct such non- compliance at Licensor's cost. 29. CONDITION OF I,ICI?NSI,. AREA UPON Tl' AZMINATION (SALic-3.7 S) I[xcept as otherwise agreed to herein, upon termination of this License. County slialI redeliver possession of said License Area to Licensor in substantially the same condition that existed immediately prior m County's enLry thereon, reasonable wear and tear, flood, earthquakes, war, and any act of war excepted. 29. DISPOSITION OF ABANDONED PERSONAi, PROPFRTV (SAT.ic-3.8 S) County shall have the right to remove and to dispose of such personal property within a reasonable time upon icrtnination of this License (whether by the terms of this License, abandonment, or matter of law) without liability therefor to County or to any person claiming under County- If the County should fail to remove such personal property within a reasonable time, tlicn, at Licensor's option, the personal property may be deemed u-auslcrred to the Licensor. City Council 28 — 8 6/15/2021 II=/7/2021 Page 6 of 12 420 N- Main Pu4cing Lirrnsc Hearn C'arc AKcnuy lizindmd Acgtjl mien I iccrnc I omi EXHIBIT 1 30. Ri,ii.A'I'IONSIIIP OF' PAR'1'IIF,S (SAI.ic-3 9 S) The rclaticroship of the Parties hereto is that of Licensor and County, and it is expressly understood and agreed that I .icensoi does not in any way or for any purpose become a partner of or ajoint venture with County in the conduct of Ccnlnt_v's business or otherwise, and the provisions of this License and the agrcernents relating to License Fec payable hereunder arc included solely for the purpose of providing a method by which rental payments are. to he measured and ascertained_ 31. NO'fICF:S (SAHe-4.0 S) All written 110tiCes pursuant to this License shall be addressed as set tooth below or as either Party may hereafter designate by wnitcn notice and shall be deemed delivered upon personal delivery, delivery by facsimile machine, electronic mail, or seventy-two (72) hours after deposit in the United States Mail. To: County To: Licensor County of Orange City of Santa Ana County Lxecutive Office P.O. Box 1988 333 West Santa Ana Blvd., 3" 1 Floor Santa Ana, CA 92701 Santa Ana, CA 92701-4094 Alto: City Manager Attn- Chief Real Estate Officer 32. FORCF: MAJEURE (N) For purposes of this License, the term "Force Majeure" means an_v of the following events which are beyond the umtol of either Parry: act of God, unavailability of cclttiprncnt or materials (btu only ifsueh equipment Mull materials were ordered in it timely Iashion), enemy or terrorist act, act (it' war, riot or civil commotion, strike, lockout or other lahor dislurbance, fire, earthquake, explosion, governnnen(al delays (including nonstandard delays in issuance of my permit or other necessary governmental approval or the scheduling of any inspections or tests), nonstandard clela_vs by third party utility providers, or any other matter of any kind or charauae- beyond the reasonable control of the Party delayed or lailin' w pertimm under this Ttcense despite such Party's best ellorls to fulfill the obligation. "Best FlIons" includes anticipating any potential force nnajcure evert and addressing the effects of any such event (a) as it is occurring and (b) after it has occurred, to prevent or minimize any resulting delay to the greatest extant possible. force Majeure shalt not include inability it) obtain financing or other lack of funds. Licensor and C(nmt}' shalt be excused for the period of any delay in the performance of any obligation hereunder when Such delay is occasioned by causes beyond its control. 33. LIMITATION OF THE LICENSE (AMLC-13.1 N) this License and the rights and privileges granted County in and to the License Area are subject to all covenants, conditions, restrictions, and exceptions ofrecord or apparent from a physical inspection of the License Area. Nothing contained in this License or in any doCunlenl related hereto shall be construed to imply the conveyance to County ofrights in the License Area, which exceed those owned by Licensor. City Council 28 — 9 6/15/2021 II=/7/2021 Page 7 of 12 420 N. Main Pu4cia@ Li: rnsc Hearn (Irc ApcIILj ltzindmd Acgtll+nioll I IcLrl c Ionl EXHIBIT 1 34. COMPLIANCE WITH RULES, REGULATIONS AND LAWS (N) County shall, and shall take reasonable steps to ensure its respective agents and employees, comply with all laws, rules, regulations and requirements applicable to the License Area. 35. HOLDING OVER (N) In the. event Count -y shall cOntinuc in possession of the License area alter the term of this License, Such possession shall not be considered a renewal of this License, but a tenancy from month -to -month and Shall be governed by the conditions and covenants contained in this License- 36. QUIET FNJOVMF.NT (9.13 N) Licensor agrees that, subject to the terms, covenants, and conditions of this License. County may, upon observing and complying with all terms, covenants, and conditions of this License, peaceably and quietl-y occupy the License Area. 37. PAYMENT CARD COMPLIANCE (9.18 N) Should Licensor conduct credit/debit card transactions in conjunction with their business with the County, on behalf of the County, or as part of the bUS111CSS that they conduct, Licensor covenants and warrants that it is currently Payment Card lndustry Data Security Standard ("PCI DSS") and Payment Application Data Security Staudard ("PA DSS") compliant and will remain compliant during the entire duration oh this License. LICCnS01' agrees to inuncdiatcly notify County in the event Licensor should ever bCcoil1e non- compliant, and will take all necessary steps to t-eturn to compliance and shall be compliant within ten (10) days of the commencement of any such interruption. Upon demand by County, Licensor shall provide t0 County written certification Of I iccnsor's PC[ DSS and/or PA DSS compliance. 39. ATTACTIMENTS TO LICENSE (SAI.ie-4.1 S) Phis I.icense includes the following, which are attached hereto and made a part hereof: 1. EXHIBITS I;xliibit A—I.icense Area Description Exhibit B — Location Map City Council 6/15/2021 II=/7/2021 Page � of 12 420 N. Main P,I erg Lirrnsc Hearn C'arc AKcncy ltmidmd Acgtjl inion I iccrnc I omi EXHIBIT 1 This License may he executed io one or more counterparts, each of Which wit I be deemed a origioaI signarme but all of which together will constitute one and the same instni ment. TN WTTNESS WHEREOF, the Panics have executed this License the day and year first above written - APPROVED AS TO FORM: OFFTCF. OF COTJNTY COITNSFT, ORANGE COUNTY. CALU;ORN1A By: Dcpttty RECOMMENDED FOR APPROVAL HEALTH CARE AC:LNCY By Director of Administration COUNTY EXECUTIVE OFFICE Z (-:EO/RE Administrative Manager **" T'ursuant to the requirements of Cahron is Corporations Code section 31 - one orthe G>Ilowing two methods must be used by a corporation when it entcv� into a contract with the County: Two people must sign the document One of them must be The chairman of the board, the president or any via president. The other must be the %Ucivinly, illy ati,utant scctntary, the chicr financial orriecror any as,cistant nrasuror- Onc cog3ol-atc officer may sign the document, providing that wrimm evidence of the ollicer's authority to bind the corporation with only hie or her signawre must be provided- Tl)is evidence would ideally he a corporate ICSOILrtLLH1- LICENSOR CITY OI: SANTA ANA, a municipal corporation By: City Manager, City of Santa Ana APPROV :) AIS I O FORM: 1 By: L r / Ryan O. Hodge Assistant City Attorney, City of Santa Ana City Council Tl 5/7/1021 HaLLh ( ate AgaiLy 28-11 Page 9 of 12 6/15/2021 420 N_ I%Lm Li,,nse ]undmd Acqui.iGon I scnxc I mmi EXHIBIT 1 SIGNI 1) AND CFRT11;1FD T11AT A COPY OF THIS DOCUMENT HAS BEEN DFI,IVF.RF.D TO THF. CHAIR OF THE BOARD PFR (C § 25103, RFSO. 79-1535 Attest: ROBIN STIFI,F.R Clerk of the Board of Supervisors of Orange County, California COUNTY COUNTY OF 0PANGU Chairman of the Board of Supervisors Orangc County, California City Council TT 5/7/2021 Hearn (arc Agcnoy 28-12 Pagc 10 of 12 6/15/2021 420 N_ I%Lm Pai4cing Li.Ynsc lundmd Acgtjl iwon I iccrnc I omi EXHIBIT 1 FNHI111T A 1,TCENSF. AREA DESCRIPTION PROJLCT: 420 N. Main Strea Santa Ana, CA 92701 DAIL: February 8, 2021 Parking License. All the Liccnse Area shown on a map marked Lxhibit B, attached hereto, which is located at 420 N. Main Sueet, in the city of Santa Ana, County of (hangs, State of California, together with aou-exclusive, in conunon use of driveways for vehicle mgress and egress, pcdesuian walkways, other litcililics and common areas appurlenant to the License Area. NOTTO HE RIiCORDED City Council TI 5/7/2021 Ha to (arc AW=LV 28-13 Pagc 11 of 12 6/15/2021 420 N_ I\Lm Li, mw ]tmidm l Acqui.iGon I scnnc I mmi EXHIBIT 1 H'XHIRI'I' R LOCATION MAP 420 North Main Street — Parking Structure. City Council 6/15/2021 II=/7/1021 Pa gc 12 01 12 420 N. Main Puking Li,nsc Hua.tn (ait AKcncy ltmidan1 Ac4uIm Lion I iccrnc I oim Community Development Agency santa-ana.org/cd Item # 29 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report June 15, 2021 TOPIC: Amendments to Loan Agreements for the Santa Ana Arts Collective AGENDA TITLE: Approve Amendments to the Loan Agreements for the Santa Ana Arts Collective; Approve Subordination Agreements for the Amended Loans, Adopt a Resolution for SCAG's Go Human Program; and Approve Appropriation Adjustment RECOMMENDED ACTION 1. Authorize the City Manager to execute a Third Amendment to the First Amended and Restated CDBC and Inclusionary Housing Funds Loan Agreements for the Santa Ana Arts Collective, to address a change in affordability levels, and a modification to the residual receipt split in recognition of a loan from the California Housing Finance Agency, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager to execute a Second Amendment to the HOME Loan Agreement for the Santa Ana Arts Collective, to address a change in affordability levels and a modification to the residual receipt split in recognition of a loan from the California Housing Finance Agency, subject to non -substantive changes approved by the City Manager and City Attorney. 3. Authorize the City Manager to execute a future Subordination Agreement with the State of California Department of Housing and Community Development (HCD) for the Affordable Housing and Sustainability Communities (AHSC) loan agreement, subject to approval as to form by the City Attorney. 4. Adopt a Resolution authorizing the City Manager to enter into an agreement with the State of California Department of Housing and Community Development (I ICD) for Affordable I lousing and Sustainability Communities (Al ISC) program grant funding for management and disbursement of a $22,500 funding contribution to the Southern California Association of Government's (SCAG) Go Human program. 5. Approve an appropriation adjustment for FY 21-22, recognizing funds from the Slale of California Deparlmenl of Housing and Community Developmenl (HCD) for Affordable Housing and Sustainability Communities (AHSC) program in the City Council 29 — 1 6/15/2021 Amendments to Loan Agreements for the Santa Ana Arts Collective June 15, 2021 Page 2 amount of $22,500 in revenue account (no. 41818002-52025) and appropriating the same amount to the Payment to Other Agencies expenditure account (no. 41818832-69142). DISCUSSION On November 9, 2020, Meta Housing Corporation (Meta) contacted the City to request amendments to the Amended and Restated CDBG and Inclusionary Housing Funds Loan Agreements and HOME Loan Agreement for the Santa Ana Arts Collective (Loan Agreements). Meta is seeking to amend the Loan Agreement's affordability restrictions in order to accommodate 15 Mental Health Services Act (MHSA) units that were incorporated into the project after the project started construction. The funding for these 15 MHSA units comes from the California Housing Finance Agency and were accepted by Meta in order to finance the development of the Santa Ana Arts Collective. Specifically, Meta is requesting to adjust the Loan Agreement's unit affordability levels as follows' one 1 bedroom (BR) unit from 40% Area Median Income (AMI) to 30% AMI, five 1 BR units from 40% AMI to 50% AMI, and seven 2 BR units from 60% AMI to b0% AMI. Five units would increase in affordability, and eight units would decrease in affordability. The average affordability of all the project units would go from 43.97% to 40.86%, resulting in greater affordability overall for tenants in the project. This adjustment to the affordability levels will match the requirements of the CaIHFA Special Needs Housing Program (SNHP) that provided funding to Meta for the development of the Santa Ana Arts Collective. The project',,;; unit mix and level of affordability would be adjusted to: Unit Size 30% AMI 35% AMI 50% AMI 60% AMI Total 1 Bedroom 15 6 5 -- 26 2 Bedroom 2 -- 7 5 14 3 Bedroom 4 -- -- 13 17 Total 21 6 12 18 57 Regarding the eight units that would decrease in affordability, Meta will not be raising the rents for these eight units. Specifically, the project's original unit mix was used at the time the eight units were leased up, instead of the unit mix proposed above. The current rents for these eight units will not be changed and none of the eight tenants will be impacted. When tenants move out of those eight units and the units turn over / become vacant, Meta will implement the new unit mix above. Meta issued a side letter to the City regarding this information. In addition, the CaIHFA SNHP funding also requires a change to the residual receipt split between the various lenders for the project. The City's residual receipt is split between the City's Community Development Block Grant (CDBG) Loan, and HOME Program Loan, Inclusionary Housing Loan. The residual receipts are then shared with the State of City Council 29 — 2 6/15/2021 Amendments to Loan Agreements for the Santa Ana Arts Collective June 15, 2021 Page 3 California Housing and Community Development Affordable Housing Loan and the CalHFA SNHP Loan. The new residual receipt split would be divided according to the table below, with the other 50% kept by Meta. SOURCE PERCENTAGE CDBG Loan 1.64% HOME Loan 8.64% Inclusionary Housing Loan 15.70% State of California Housing and Community Development Affordable Housing Loan 16.25% CaIHFA SNHP Loan 7.77% TOTAL 50.00% The Amended and Restated CDBG and Inclusionary Housing Funds Loan Agreement has already been amended twice, so this would be the third Amendment for this Loan Agreement (Exhibit 1). The HOME Loan Agreement has been amended once so this would be the Second Amendment to the HOME Loan Agreement (Exhibit 2). In addition, the Department of Housing and Community Development ("HCD") requires the City of Santa Ana to subordinate to their loans. This is a requirement for State funding for local affordable housing projects. The HCD Affordable Housing and Sustainable Cammunities funding consists of a $4,944,130 loan for the Affordable Housing Development, $1,310,500 as a grant for a Sustainability Transportation Infrastructure project, and $22,500 as a grant to support the Southern California Association of Governments' (SCAG). HCD requires that all City funding be subordinated to their loan. HCD has not yet provided the City with their Subordination Agreement as part of Meta's permanent loan conversion, but this action would authorize the City Manager to execute a future Subordination Agreement with HCD for their AHSC loan agreement, subject to approval as to form by the City Attorney, as soon as it is provided by HCD. Finally, on November 21, 2016, the City and Meta Housing Corporation applied for the HCD AHSC program together and were awarded funding in 2017. It consisted of a $4,944,130 award for a loan for the Affordable Housing Development, $1,310,500 as a grant for a Sustainability Transportation Infrastructure project, and $22,500 as a grant to support SCAG's Go Human program. While the City has always been the payee of the $1,310,500 as a grant for a Sustainability Transportation Infrastructure project, approval of the resolution will allow the City of Santa Ana to accept the $22,500 funding contribution to SCAG's Go Human program from HCD and submit the funding to SCAG to fulfill the grant obligations (Exhibit 3). For legal reasons, Meta Housing Corporation cannot accept the $22,500 funding contribution to SCAG's Go Human program. City Council 29 — 3 6/15/2021 Amendments to Loan Agreements for the Santa Ana Arts Collective June 15, 2021 Page 4 FISCAL IMPACT The changes to the residual receipt splits between the various lenders will most likely result in reduced increments of repayments to the City on its CDBG, Inclusionary, and HOME program loans during the 55-year repayment period. Approval of the appropriation adjustment will recognize $22,500 in the Affordable Housing and Sustainable Communities program revenue account (no. 41818002-52025) and appropriate the same amount to the Payment to Other Agencies expenditure account (no. 41818832-69142). As the contribution to SCAG's Go Human program is anticipated to occur next fiscal year, the appropriation of funds can be made to the FY 21-22 budget. EXHIBIT(S) 1. Amended and Restated CDBG and Inclusionary Housing Funds Loan Agreement 2. Proposed Third Amendment to the Amended and Restated CDBG and Inclusionary Housing Funds Loan Agreement 3. Resolution authorizing City Manager to Enter into Agreement with HCD Submitted By: Steven Mendoza, Assistant City Manager Approved By: Kristine Ridge, City Manager City Council 29 — 4 6/15/2021 AK EXHIBIT 1 FTLEF TZECORDTNG TZEQT TESTED PT TRST 1ANT 10 GTOVF.RNMF:N I C:OI)F, SFCl'[ON 6103 & 27383 What Recol'ded Mail to: City of Santa Ana Clair of the Council 20 Civic Center Plaza (M-30) P.O. Box I988 Santa Ana_, Califomia 92702 Attention: Clerk of the Council THIRD AMF.NI)MF.N'I'"I'O I T110V I. 11IU I IN Pi P Itl f 1RnINf 1, 5I: PRLL RLCORDIN(i R1QUES IED [(;nvcinrncm ('fide Seri on 6101] FIRST AMENDED AND RESTATED LOAN AGREEMENT by and between the C1 I Y OF SAN I A ANA. and SANTA ANA ARTS COLLECTIVE., L.P. (1666 N. Main Strecr, Santa Ana, California) Dated: 2021 City Council 29 — 5 6/15/2021 FAN EXHIBIT 1 THIRD AMENDMENT TO FIRST AMENDED AND RESTATED LOAN AGREEMENT TNCLTiSTONARY TTOUSTNC PROCRAMWI)RC FUNDS THIS THIRD AMVNDMVNI" I'O LOAN AGRVVMF.NT ("Third Amendmen(") dated, for idenlification purposes only, as of 2021, is made and cntcrcd into by and between the City of Santa Ana, a charter city and Municipal corporation ("('ity') and Santa Ana Arts Collective, L.P. ("Devclopct") with refcrence to the following: RECITALS: A. City and Developer cntcrcd into the original Loan Agreement fur Inclusionary Housing Program and Community Developinent Block Gr,3nt ("CMIG") Cunds after I)eveloper's project consisting of a lifty-eight (58) unit multi -family residential housing development, with live/work units and a commercial art Studio, as well as a community room ("Proicet") located at 1666 N. Main Street, within the City of Santa Ana, California. B. City and Developer entered into the First Amended and Ttestated Loan Agreement, Santa Ana Agreement No_ A-2017-173, which was dated .hily 5, 2017, and rccordcd against the property with the County of Ortngc on July 26, 2017 (,"said Loan Agi ceineut"). C. fit accordance with the tens and conditions of said Than Agreement, the panics desire to amend said Loam Agreement to (i) provide the City's consent to Developer obtaining a loan front' the California Housing Finance Agency in the face amount of Two Million. Three hundred Sixty -Two Thousand. Two hundred Fifteen and No/I OOe Dollars (S2,362,215.00) for the Project (the "SNTTP Loan"), (ii) revise the sharing of residual receipts among the public agency lenders to the Project and (iii) revise the affordability levels of the Project'S unit rnix, a outlined in Section 7.2 NOW, THFREFORE, in consideration of the nnlatal and respective promises, and subject to the terms and conditions of said Loan Agreement. except as herein modified, the parties agree as follows: 1. Section 7.2 of said Loan Agreement shall be deleted and replaced with the fnllowing: Affordability Levels/Unit Mix: The Projcct's unit mix and levels of allirrdability arc as Hollows Unit Sizc 10% AMI 35% AM] 50% AMI 60% AMI total 1 Bedroom 15 6 5 -- 26 2 Bedroom 3 Bcdroom 2 4 7 5 13 14 17 Total 21 6 12 18 57 City Council 29 — 6 6/15/2021 ►_IN EXHIBIT 1 The remaining unit will be a 2-bedr00111 unit reserved lor the un ire manager, The affordable rents charged at the Project trust Comply with the standards set forth by California Tax Credit Allocation Committee (TCAC). Notwithstanding anything to the contrary contained in this Agreement, the Affordability Restrictions on Transfer of Property, and other than HOME assisted units, restriered (as to both incomee and rent levels) at 30% of AMI, in the event of a foreclosure, or delivery of deed in lieu of f(NeCIOSLire, of any Senior Loan, then the (1) the maximum qualifying tenant household income shall be increased to 60% of Area Median Income adjusted for family size appropriate to the Unit, and (2) the maximum anneal atfoidable rent shall be iuercased to 30'% of 60'%, of Area Median Income, as adjusted for family Si7c appropriate to the unit. 2. Section 3.1, Use Covenants and Restrictions, in Exhibit B, Affordability Restrictions on Transtcr of Property, of said CDBG Loan Agreement sliall be. ,intended to replace the Assisted Units matrix with the following: Affordabilitv Levels/Unit Mix: The Projcet's unit mix and levels ofaflbrdability arc as Ibllows: Unit Size 10% AMI 35% AMI 50% AMI 60% AMI total l Bcdroom 15 6 5 -- 26 2 Bedroom 2 7 5 14 3 1 Wroom 4 -- -- 13 17 Total 21 6 12 1R 57 3_ The last senlence of Section 6.1(b) shall be deleted and replaced with the following: "This Agreement, the lnclusiomny Promissory Note, lnclusionary Deed of Trust, CDTIG Promissory Note, and the ('DRG Deed of Trust steal I all be subordinate to any Senior Loan Note and Senior Loan Deed of Trust, and to the AHSC Loan Documents. The CDBG Promissory Note, and the CDBG Deed of Trust shall be subordinate to that certain SN11P Loan in the tact amount of Two Milltoo Thrce I Iundred Sixty -Two "thousand Iwo I lundred Fifteen and No/100s Dollars ($2,362,215) made by California Housing Finance Agency to Borrower (he "SNTTP Loan"). The Tnclusionary Promissory Notc, TnClusionary Dccd of Trust, any Senior Loan Note. and Senior Loan Deed ofTrust, and the AHSC Loan Documents will remain senior to any documents evidencing the SN11P Loan." 4. Exhibit 1), CDBG Promissory Note, of said CDHG Loan Agreement shall be amended to delete the definition of "City Share" in iu entirety and replacee with the following: City Council 29 — 7 6/15/2021 EXHIBIT 1 AK "City's Percentage" with reference to the Residual Receipts, shall mean aggregute percentage of twenty -:even percent (27%) of the total Residual Receipts li-om the Property. which shall be applied to the HOME Luau, CDBG Luan, and htclusionary Loan, as fitrtha described its Section 5 hereof." 5_ Section 5, Annual Loan Repayment/Residual Receipts, subsection (d), in Exhibit D, First Amended and Restated Tndusionary Promissory Note, of said CDBG Loan Agreement shall be amended to replace the residual receipts matrix with the. following: SOURCE PERCENTAGE CDBG loan 1.64% HOMh: Loan 8.64% htclusionary I lousing Loan 15.70'%, Slate of California Housing and C�>mnumity Development Affordable I lousing Loan 16.25"/0 Ca111FA SN11P Loan 7.77'%r TOTAL 50.000/1 (i_ Exhibit F, CDBG Promissory Note, of said CDBG Loan Agreement shall lie amended to delete. the definition of"City Shard' in its Cntircty ant] replacc" it] i the follo" ing: "City's Percentage" with reference to the Residual Receipts, shall mean aggregate percentage ol'[wen ty-seven percent (27%) ofthe total Residual Receipts 11-mil the Property, which shall be applied it) lLc HOME Loan, CDBG Loan, and luchtsionaty Loan, as hlrther described in Section 5 hereof." 7- Section 5, Annual Loan Repayment/Residual Receipts, Subsection (d), in Fxhibit F, First Amended and Restated CDBG Promissory Note, of said CDBG Loan Agreement shall be amended to replace the residual receipts matrix with the following: SOURCE PERCENTAGE CDHO Loan 1.64% TTOMF Loan 8.64'%r hu:lusionary Housing Loan 15.70% SLne of Calilimtia Housing and Community Development Affordable Housing. Loan 16.25'% CaIHI'A SNHP Loan 7.770/r TOTAL 50.00% City Council 29 — 8 6/15/2021 AK EXHIBIT 1 3. Except as hereinabm e modified, all teens and conditions of said Agreement shall remain in full Norte and effect_ City Council 29 — 9 6/15/2021 M EXHIBIT 1 IN WITNESS WHEREOF, the parties hereto have caused this Third Amendment to First Amended and Restated Loan Agreement to he executed on the date Set lirrth sit the beginning of this Third Amendment. ATTEST: Daisy Gomez Clerk of the Council APPROVH) AS TO FORM Sonia R. Carvalho City Attorney Lai � �......... T3y- Ryah O. litodge Assistant 6ty Attorney RF.COMMF:NDF:D FOR APPROVAL Steven A. Mendoza Executive Director Community Development Agency CTTY OF SANTA ANA Kristine Ridge City Manager Sign arto C: corrtirlme on jollowmg pa.�IT } City Council 29 — 10 6/15/2021 ►m EXHIBIT 1 DL V LL(.)PLK: Santa Ana Ails Collective, L.Y., a California limited pnrtnership By: Santa Ana Arts Colleclive, T. C . a California limited liability company, its administrative general partner BY Chris Maffis, Vice President 13y: WCH Affordablc XVIII, I LC, a California limited liability company, its managing general partner By: Graham P_ Fsplcy-Jones, Presicicnt City Council 29 — 11 6/15/2021 AK EXHIBIT 2 FkF.F: I{F:COItDINO RF:QUFcTF:D 1%1ZSUAN I TO GOVERNMENT CODE SECTTON 6103 & 27383 When Recorded Mail to: City ol'Santa Ana Clerk of the Council 20 Civic Center Plaza tM-30) 1'.0. Box 1988 Sanlsi Ana_, California 92702 ALLcntion: Clerk of the Council SPALL A-80VL 1H1S L1nL I OR RLc'.ORL)LtvO LSL I'RICI L RILCOROM, R] 01,1,SITU L(Tmcmmcnc Cndc SM1011 010i1 SECOND AMENDMENT TO 11OML LOAN AGRLLMLN 1 by and between the CITY OF SANTA ANA and SANTA ANA ARTS COLLECTIVE, L.P., a California limited partnership (1666 N. Main Street, Santa Ana, California) Dated: .2021 City Council 29 — 12 6/15/2021 AK EXHIBIT 2 SECOND AMENDMENT TO HOME LOAN AGREEMENT THIS SECOND AMENDMENT TO HOME LOAN AGREEMENT dated, for identification purposes only, as of 2021 is made and entered tt1tU by and between the CITY OF SAN FA ANA, a charter city and municipal corporation ("City") and SANTA ANA ARTS COLLECTIVE, L.P., a Calitornia limited partnership ("Developer"), with referenecc to the following: RECITALS: A- The City and Developer entered into a HOME Loan A-teement dated ,Tidy 5, 2017, and recorded in Official Records, Orange County, with filing ntmiber 2017000308368 un July 26, 2017, as amended by that cermin First Amendment thereto dated August 18, 2021 ("said HOM1:1 Loan Agreement'). B- The purpose of said HOME Loan Agreement is to assist with the development of an adaptive reuse projcer consisting of a fifty-eight (58) unit ttttthi-tamily residential housing development, with live/work units and a commercial art studio, as well as a community room heated at 1666 N. Main Street, Santa Ana, California ("Project"). C. In accordance with the terms and conditions of said HOME Luan Agreement, the parties desire to amend Said IIOML Loan Agreement, including the HOME Promissory Note, to (i) provide the City's consent to Developer obtaining a loan in the amount of loan from the Calitornm Housing Finance Agency in the lace amount of Two Million, Three Hundred Sixty -Two Thousand, Two Hundred Fifteen and No/100s Dollars (S2,3o2 21S-00) for the Project (the "SNHP Loan"), and (ii) revise the sharing of residual receipts among the public agency lenders to the Project - NOW, THEREFORE, for and in consideration of the rnuutal covenants and agreements herein contained, and subject to the terms and enditions ot'said HOME Loan Agreement, except as herein modified, City and Developer agree as follows: Scetion 3.1, Usc Covenants and Restrictions, in Lxbibit B, Affordability Restrictions on Transfer of Property, of said HOME Loan Agrcenent shall be amended to replace the Assisted fluffs matrix with the fi�llnwing: Affordability Levels/Unit Mix: I he Project's unit mix and levels of al fordability are ;IS I'01lowti: Unit Sire 30% AMI 35% AMI 50% AMi 60°/u AMI TWA 1 Bedroom 15 6 5 -- 26 2 Bedroom 2 -- 7 5 14 3 Bedroom 4 -- -- 13 17 Total 21 6 12 18 57 City Council 29 — 13 6/15/2021 AK EXHIBIT 2 2. Fxhibit 1), HOMF, Promissory Note, of said HOMF Loan Agreement shall be amended to dcictc the definition of "City Share" in its crairety and replace with the tollowing: "City's Percentage" wilh reference to the Residual Receipts, shall mean aggregate percentage of twenty-seven percent (27%) of the total Residual Receipts front the Property, which shall be, applied to the HOME Loan, CDBG Loan, and iuclusionary Loan, as further described in Section 5 hereof." 3. Section S, Annual Loan RepaymenUResidual Receipts, subsection (d), in Fxhibit D. First Amended and Restated Inclusionary Promissory Note, oh %aid HOME Loan Agreement shall be amended to replace the residual receipts matnx with the following: SOURCR, YTRCTNTAC:T. CDRG Loan 1.64% I1OMI : Loan 8.64%, Tnclusionary TTousing Loan 15.70% Sale of California Housing find Community Development Affordable TTousing Loan 16 25% C2nlHFA SNHP Loan 7.77% TOTAL 50.001ya 4. Except as hercinabove modified, all terms and conditions of said HOME Loam Agreement, including the Affordability Restrictions on Transfer of Properly. 110ML Deed of Trust, 110ME Promissoty Note, and Project Budget attached as exhibits to said I IOMF Loan Agreement, shall remain in full force and effect. . ;natures Oil fbllowing Ixxgei City Council 29 — 14 6/15/2021 m EXHIBIT 2 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to HOME: Lotus Ap-eement the date and year first written above - ATTEST: Daisy Gomez Clctk of the Council APPROVED AS TO FORM Sonia R. Car\ alho City Attorney i 0 By: Rykin O. i lodge Assistant City Attorney ICZxi[ill\I5Ia►1i771ilYilC�i\C7C7CZi1gAA SLCvcn A. Mcndoza Executive Director Conununity Devc opmcm Agcncy CITY OF SANTA ANA Kristine Ridge City Managcr /Signu ztt'" contimm, on /hllowml, Pctge,t City Council 29 — 15 6/15/2021 EXHIBIT 2,K DEVELOPER: Santa Ana Ails Collective, L.Y., a California limited partnership By: Santa Ana Arts Collective, LLC, a Calilornia limited liability company, its general partner By Kasey Burle, Vice President By: WCH Affordable XVIII, a Calitimria limited liability company, its managing general partna- By: Graham P_ Fspley--Tones, Presiders City Council 29 — 16 6/15/2021 EXHIBIT 3 RESOLUTION NO. 2021-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENTS WITH THE STATE OF CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD) FOR AFFORDABLE HOUSING AND SUSTAINABLE COMMUNITIES (AHSC) PROGRAM GRANT FUNDING BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows. A. The Strategic Growth Council ("SGC") and the State of California Department of Housing and Community Development ("HCD") issued a Notice of Funding Availability dated January 29, 2016 ("NOFA") under the Affordable Housing and Sustainable Communities ("AHSC") Program. B. Meta Housing Corporation and the City of Santa Ana were awarded an AHSC Program loan in an amount not to exceed $4,944,130 ("AHSC Loan") and an AHSC Program grant in an amount not to exceed $1,310,500 ("AHSC Grant") under the above described NOFA for an aggregate amount not to exceed $6,254,630 under the above described NOFA. C. Previously it was contemplated that $1,288,000 of the AHSC Grant would be paid to the City for a Sustainable Transportation Infrastructure Project for the Santa Ana Arts Collective Project, and $22,500 of the AHSC Grant would be paid to Meta Housing Corporation to support the Southern California Association of Governments' Go Human program (the "Go Human Portion"). D. Meta Housing Corporation and the City have since determined that it is the best interests of the Project for the Go Human Portion of the AHSC Grant be paid to the City and that the City undertake any activities necessary to support the Southern California Association of Governments' Go Human program as required by HCD. Section 2. The City Council of the City of Santa Ana hereby authorizes and directs the City to accept the Go Human Portion of the AHSC Grant. That in connection City Council 29 — 17 6/15/2021 Resolution No. 2017-XXX Page 1 of 3 EXHIBIT 3 with the AHSC Loan and AHSC Grant, including the acceptance of the Go Human Portion, the City Manager, or his/her designee(s), is authorized and directed to enter into, execute, and deliver, subject to approval by the City Attorney's Office, the Al ISC Loan Standard Agreement in an amount not to exceed $4,944,130, the AHCS Grant Standard Agreement in an amount not to exceed $1,310,500, and any and all other documents required or deemed necessary or appropriate to carry into effect the full intent and purpose of the above resolution, in order to evidence the AHSC Loan and AHSC Grant, the City's obligations related thereto, and HCD's security therefore, including, but not limited to, a subordination agreement, a disbursement agreement, a covenant and certain other documents required by HCD as security for, evidence of or pertaining to the AHSC Loan and AHSC Grant, and all amendments thereto (collectively, the "AHSC Documents"). Section 3. The City shall be subject to the terms and conditions as specified in the Standard Agreements. Funds are to be used for allowable capital asset project expenditures to be identified in Exhibit A of the Standard Agreements. The application in full is incorporated as part of the Standard Agreements. Any and all activities funded, information provided, and timelines represented in the application are enforceable through the Standard Agreement. The City hereby agrees to use the funds for eligible capital asset(s) in the manner presented in the application as approved by HCD and in accordance with the NOFA, Program Guidelines and application package. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. City Council 29 — 18 6/15/2021 Resolution No. 2021-XXX Page 2 of 3 EXHIBIT 3 Vicente Sarmiento Mayor APPROVED AS TO FORM. SONIA R. CARVALHO, City Attorney ,q f Ryan Ct. H6 \dge Assistant City Attorney AYES- Councilmembers NOES: Councilmembers rG\ i3UAII•�OT@7wl lIllmlIN = NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2021-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana City Council 29 — 19 6/15/2021 Resolution No. 2017-XXX Page 3 of 3 Community Development Agency https://www.santa-ana.org/cd Item # 30 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report June 15, 2021 TOPIC: Amendment to the Agreement with City Net for Street Outreach Services AGENDA TITLE: Approve an Amendment to an Agreement with City Net to Provide Street Outreach and Engagement Services in an Increased Amount of $230,000 for a Total Grant Agreement not to Exceed $968,390 (General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an amendment to extend the agreement with City Net and to increase the contract by $230,000, for a total contract amount not to exceed $968,390 to provide street outreach and engagement services through October 31, 2021, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION In October 2019, City Council approved an agreement with City Net to provide a pilot program for street outreach and engagement services for individuals experiencing homelessness in Santa Ana. Following their early successes, the initial pilot agreement was amended to increase the dollar amount and extend the term of the agreement. Since that time, City Net has provided over 7,000 outreach contacts with individuals on the streets of Santa Ana. In addition, they have successfully exited over 650 individuals off of the street. City Net continues to be one of the largest street outreach nonprofit organizations in Southern California. They have worked on several of the most visible homeless encampments in Southern California, including the following: the Santa Ana River Trail, the Civic Center Plaza of the Flags, and more recently, El Centro Cultural de Mexico. They have been a tremendous partner working collaboratively with the Santa Ana Police Department (SAPD), providing referrals to shelter, and providing case management for a number of individuals experiencing homelessness in Santa Ana. The City recently released a request for proposals (RFP) for continued outreach and engagement services in the City. While staff reviews the submitted proposals and considers an enhanced outreach program, an amendment to the current contract is City Council 30 — 1 6/15/2021 Amendment to the Agreement with City Net for Street Outreach Services June 15, 2021 Page 2 necessary. The amendment will allow services to remain in place without interruption until a selection is made for outreach and engagement services. This item will come before the City Council again in the fall. FISCAL IMPACT Funds are available for expenditure in the current Fiscal Year 2020-21 budget and will be carried forward into FY 2021-2022 budget. The table below indicates the estimated expenditures by fiscal year. Funding may vary slightly depending upon outreach services and invoices received during FY 2020-2021. Fiscal Year Accounting Fund Accounting Unit, Amount Unit -Account Description Account Description FY 20-21 01118017- General Fund General Fund, $55,000 (June) 62300 Contract Services FY 21-22 01118811- General Fund General Fund, $175,000 (Jury-oct.) 62300 Contract Services Total Amount $230,000 EXHIBIT(S) 1. Amendment to the agreement between the City of Santa Ana and City Net Submitted By: Steven Mendoza, Assistant City Manager Approved By. Kristine Ridge, City Manager City Council 30 — 2 6/15/2021 EXHIBIT 1 F1RST. �i'UiFNL1i4 LNj .j'() f'TEt;+'T' AI"UGF.NDED.nMlti"N9 TCE", S"T A E ,J,j ;0.'RO E;�r4Tdl➢�i �t[„ �P;_F *gyp � 5 MWptFF,,M ENT J US FIRS I A10 t-TM1DMI N'1 .eau th, iibovc retetenced eagooe- Reig is entered into on June 15, 2021, b) mid ttcCWCCT1 Cify NU ¢ ( tanlrtta;aeir-° ot'm(W nlic (I it) ant Sannk.0 sari, a c.b"ztmer c"aty and municipal CorplAtL o n oq', niZZL a l)d exist.' ylg . kill " the Ckms6ution ennnel swam, of Ine Sl. to ct ["admNext-tai:a (' V i +,r,..1 IOXITALS A_ "tl tkee partie•^t a•nitrc;yed into a Y'Lryi ,'Aline na kl titad Xf. Started Agreement tot- Vrt,'ufe ssie oaj Services (A-20 )-.239), AL cen mer 17, 2f 19, 1'Ylr which Co ntra,,:z r a1gyce:Cl tdA pffT:R' ide S;Cryc,:s tltOSC" K:KpCt aCln art tIl4YAY?feles S.Al{".ss' including aiaroul.,gi sired f;AC6G,Yk'wNc,h,. a �c7% t:e (trc:fi%,c'y jiir Ole �,peziKtC pi,tjioCw of reaching out to LigiShch E','.7et.t neij„tibori; fYYlflAl�clfl Yap_", 'Ch C4Y1 Wavi h r Mci-v ". ic) St%."tAei, t ou-,, V'tlyg, or l`nitnk:id rn.'rvices;. and providing wgY} M, 1'1N)➢1-fd1ti'II,,�kmM "EAnAS'.v',ia varv. ("Agz,i c"crricent'" p. f the tN;a'rIt of dt c Agrcconient Wa.S ,tall au c•xt,mian^ inn iyeaetmittw:r 11, 21y2fj. }3_ On tlt.ermtoftuca' , lrtl.?Mr t.ne9'.LnrtiL thei.e ekpttion to extend Litz: ferns of tni ��reeeRaemlt euwtiul ➢em.111Crcri_ob�"1 V. 1:1$Egmrotnhentt is etettCattt_an l in ti:jte Gt. C. the parties nt.o%-N o,kh ua Amend the ,%greetniea t to exa(,TjJ like: terant mti tlic Agrcenient, and to incremct.lac co mp,ntsatiaumt ti, Pon, t,arndCr jw Agreement to ce,vey costs drAri1q; the cx to [ Ldf e ai teo nzt. 'E`he> Parties therefore a grey. 1_ Section 2,11, t:"a.a�cnm7rnrnuitirne, ov uatnelulcd tc the umal surDb to fl-.%c ex> i nded under lbe teram eoi a,Y�ac trdx:h x[mtt, by $21G I OGO Clnc toiid ainotuana to Ent; %ngx,.anded sunder able term oithis AyroX!rnavatt, inchtAing rots+ i,^xeenaManh PeritrCL, ,haft not, eNe ed 1,968 3ti'd)... tietm i,, annnctndlcd t.a extend t.ic trs'mre 011"aatAgh a' ,Aotret 3l, 2tt:r,'1, ➢, +et,etut as al'�arsu:idd h.; [Gnar.l iras Amrm,dmtnemnt., a911 term.--; and t•.iihatithe m A lhtt Apree mcnt shall rmmn�aitn in fuh taarve ijid rtl'l:e: . tsig'sn are lxange ao f"'MovV i City Council 30 — 3 6/15/2021 EXHIBIT 1 ICE Ml-NESS 11.1e panics 11VTOW. hna�2 cxi!vjw.,fI Jw; 1-:ir,;,1 Amcndrnm% if) rkle, Agrectnom oa Lnw: d4W ao,6 5'c:ar lwn I xfrit�acn a 6Pi ve. LVOS�, (MMEA Cleek 01'01C COUnCil NI"PROVED AS'I 0 FORM SO� ,i/4 RCMdVALJA(), Uily AmmicA 13y: 111tXB46(k '-FA (f A'Al'i f RA. I lv'fafky Calyx A 16.rnu,Y S "a4, -ucfNk•o� diu,-a I, Oi. Comrllum2�y Ikv�-I,)jwwW A,V,,,nvy FIA' OF SANTA ANA ,K I? 04 1-1 N 1, R I DkI' City Manmgcr COMn t 1, FA N '1' City Council 30-4 6/15/2021 Community Development Agency https://www.santa-ana.org/cd Item # 31 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report June 15, 2021 TOPIC: Agreement with Salvation Army to Operate the Hospitality House AGENDA TITLE: Approve a future Agreement with Salvation Army to Operate the Hospitality House for Individuals Experiencing Homeless in Santa Ana until the Time that the Carnegie Shelter is Operational (Grant Funded) RECOMMENDED ACTION Direct the City Attorney to finalize and authorize the City Manager to execute a future Agreement with Salvation Army to operate a temporary 75-bed homeless shelter at 818 E Third Street in Santa Ana, in the amount of $390,000 for an anticipated 90-day period, subject to extension, for a total amount not -to exceed $780,000 from June 28, 2021 through December 28, 2021, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION At the request of the City, Salvation Army has agreed to open and operate the 75-bed Hospitality House located at 818 E. Third Street in Santa Ana while the Carnegie shelter is under construction. The shelter will operate similarly to both the Link shelter and the Fullerton shelter. The Hospitality House will follow the cities referral process and will not allow walk-in traffic. The shelter will provide guests a clean, safe, and personal bed space, three nourishing meals per day, and the opportunity to work with a professional Housing Navigator to expedite their placement in permanent housing. FISCAL IMPACT Funds are available for expenditure in the Fiscal Year 2020-21 budget and funds will be carried forward into the Fiscal Year 2021-2022 budget. The table below indicates the estimated expenditures by fiscal year. However, the amounts may vary slightly. Fiscal Accounting Fund Description Accounting Unit, Amount Year Unit -Account Account Description FY 20-21 13518789-69135 Emergency Solutions ESG-CV, Payment to $85,000 Grant -CV Subagent FY 21-22 13518789-69135 Emergency Solutions ESG-CV, Payment to $695,000 Grant -CV Subagent City Council 31 — 1 6/15/2021 Agreement with Salvation Army to Operate the Hospitality House June 15, 2021 Page 2 Submitted By: Steven Mendoza, Assistant City Manager Approved By. Kristine Ridge, City Manager City Council 31 — 2 6/15/2021 Parks, Recreation, and Community Services https://www.santa-ana.org/parks Item # 32 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report June 15, 2021 TOPIC: Proposed Parks, Recreation and Community Services Commission By -Law Amendments AGENDA TITLE: Proposed Parks, Recreation and Community Services Commission By -Law Amendments RECOMMENDED ACTION Adopt a resolution amending the Parks, Recreation and Community Services Commission bylaws. DISCUSSION On January 28, 1998, the City Council adopted a resolution for the rules, regulations and bylaws of Board of Recreation and Parks (Exhibit 1). In November 2018, the voters approved a Charter modernization initiative put forth by the City. The voters approved removing certain sections regarding the Personnel Board, Parks and Recreation Board, and Planning Commission with the intent that these sections would be related to the SAMC where the bulk of the provisions regarding the City's Boards and Commissions were already located. The Boards and Commission Ordinance Amendment incorporates the sections removed from the City Charter and reorganizes Chapter 2 (Administration) to include all Boards, Commissions, and Committee in one location within the SAMC. This includes, provisions regarding the Environmental Transportation Advisory Committee (ETAC), which were previously located in Chapter 33. The Ordinance amendment also cleaned up other provisions of Chapter 2 by eliminating outdated sections and grouping certain administrative provisions together in the section entitle "In General." Several City departments worked collectively to recommend revisions to these portions of Chapter 2 of the SAMC to update and streamline the provisions. On August 18, 2020, the City Council approved the first reading of an ordinance to amend Santa Ana Municipal Code (SAMC) Articles I and IV of Chapter 2 and repealing SAMC Sections 33- 183 and 33- 184 related to certain City boards and commissions. City Council 32 — 1 6/15/2021 Proposed Parks, Recreation and Community Services Commission By -Law Amendments June 15, 2021 Page 2 On September 1, 2020, the City Council adopted an ordinance amending SAMC Chapter 2, Articles I and IV and repealing Santa Ana Municipal Code Sections 33-183 and Sections 33-184. On April 28, 2021, the Parks, Recreation and Community Services Commission (PRCSC) reviewed and discussed the proposed by-law amendments. The major changes to the bylaws includes alignment with the Amended SAMC ordinance adopted by the City Council and removing any information listed in the bylaws already stated in the SAMC. On May 19, 2021, the PRCSC, by majority vote, recommended that the City Council approve the PRCSC bylaws. Amendments to the SAMC related to the PRCSC require by-law amendments. The by-law amendment process includes the following: 1. PRCSC reviews and discusses proposed by-law amendments. 2. Legal counsel reviews and provides input to proposed by-law amendments. 3. PRCSC reviews the amended by-laws and by majority vote, recommends that the City Council approve the amended by-laws. 4. City Council approves by-laws pursuant to SAMC Section 2-453. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated to this action. EXHIBIT(S) 1. Current PRCSC By-laws 2. Proposed PRCSC By-laws 3. Resolution Submitted By: Lisa Rudloff, Executive Director of Parks, Recreation and Community Services Approved By. Kristine Ridge, City Manager City Council 32 — 2 6/15/2021 Exhibit 1 4/24/89 Revised 1128,198 RESOLUTION OF THE BOARD OF RECREATION AND PARKS CITY OF SANTA ANA WHEREAS, the Charter of the City of Santa Ana, by Section 904, directs that each board and commission of said City shall prescribe rules and regulations governing its operations which shall be consistent with said Charter and shall be filed with the Clerk of the Council for public inspection; AND. WHEREAS, the powers and duties of the Board of Recreation and Parks are enumerated in Section 908 of the Charter of the City of Santa Ana; AND, WHEREAS, the Board of Recreation and Parks has reviewed the Charter of the City of Santa Ana in order to adopt the required rules and regulations; BE IT RESOLVED, that the following shall constitute the rules and regulations governing the operations of the Board of Recreation and Parks. *4w 1. Chairman, Vice -Chairman: The election of the Chairman will precede that of the Vice -Chairman nominations. Election of Officers shall take place at the first regular meeting in July of each year and take office on date of approval by board. The Board, in event of a vacancy in either office, shall elect one of its members for the unexpired term. 2 Meetings: The Board shall meet on the fourth Wednesday of each month in the Parks, Recreation & Community Services Agency Headquarters at 6:00 p.m. In the event the regular meeting day falls on a holiday, the regular meeting shalt be held on the next business day_ A regular or adjourned meeting may be adjourned to a time and place specified by the Board_ Special meetings may be called at any time by the Chairman, or in the absence of the Chairman by the Vice -Chairman, by the City Manager, the Mayor, the majority of the members of the Board, or the Executive Director of Parks. Recreation and Community Services Agency. by notice delivered to each available member of the Board, at least 24 hours previous to the meeting. City Council 32 — 3 6/16/2021 RESOLUTION - BOARD OF RECREATION & PARKS Exhibit 1 page 2 of 5 3 Quornma one more than half of the Board shall constitute a quorum for the transaction of business. 4. Voting7 No action shall be taken by the Board unless it is concurred in and adopted by the affirmative vote of at least a majority of the members present The Power conferred to the Board shall be exercised by motion of resolution and recorded in the minutes_ Upon the request of any member of the Board a roll can of the vote shall be conducted, and the results thereof recorded in the minutes. Members will abstain from voting if member feeis this action will create a conflict of interest. An ex-officio member or student member of the Board is an advisory member only and cannot make a motion or cannot vote. 5. Secretary, The Secretary shall be designated by the City Manager or the Executive Director of Parks, Recreation and Community Services Agency The Secretary shall record the minutes of the Board, and shall maintain the records of its proceedings and transactions. 6. Powers and Duties, As provided by the Charter, Section 908, the Board 4. shaI have power and be required to. a) Consider matters that may be referred to it by the City Council, the City Manager, or the Executive Director of Parks, Rec7eation and Community Services Agency and render such counsel and advise in regard thereto as may be requested by the referring authorities: and consider all matters regarding programs, usage's, or services of the Department of Recreation and Parks other than administrative matters; b) By its own motion, make such studies and investigations as it may deem necessary for the formulation of recreation and park policies, or to determine the wisdom and efficacy of the policies. plans and procedures dealing with recreation and park matters and report its findings and recommendations to the City Council, he City Manager, or the Executive Director of Parks, Recreation and Community Services Agency, or to any or all such authorities as it may se-- tit; City Council 1) 32 — 4 6/16/2021 RESOLUTION - BOARD OF RECREATION Sa PARKS page 3 of 5 Exhibit 1 c) Recommend to the, City Council and the City Manager as to the acceptance or rejection of offers of donations of money, personal Property, or real estate to be used for recreation and park programs; and additionally, it shall make recommendations on sale, transfer, or usage of existing or future park property; d) Consider the annual budget during the process of its preparation by the Executive Director of Parks, Recreation and Community Services Agency and make recommendations with respect thereto to the City Manager and the City Council; e) Solicit to the ffdlest extent possible the cooperation of school authorities and other public and private agencies concerned with recreation and park programs of the City. T L'Cocedures (a) All meetings of the Board shall be open to the public. (b) Matters brought before the Board by the public or Executive Director of Parks, Recreation and Community Services Agency of the City shall be considered by the Board and report its findings and recommendations to the City Council, City Manager, or the Executive Director of Parks, Recreation and Community Services Agency, or to any or all such authorities as it may see fit. 8. Committee At the first meeting in Iuly the Chairman may appoint not less than three (3) Board members to each ofthe committees listed below, with duties and responsibilities as so indicated_ All Committee Meeting reports to be given to the Board of Recreation and Parks at its regular meetings. (a) Programjjrogram Cornm tee (1) To study and recommend to the Board, the formation of new and/or continuation of existing Recreation Programs such as, youth at risk, youth education/recreation, family pride and esteem with a focus on family unity. City Council 3 32 — 5 6/16/2021 RESOLUTION - BOARD OF RECREATION & PARKS Exhibit 1 page 4 of 5 4MW (b) d t-A-Park__Corrmmittee (1) Study and recommend to the Board methods to encourage the public to be involved with park programs through volunteer efforts, donations, and sponsorship. (2) Recommend methods to market the Adopt -A -Park Program to the public, private and corporate sector. (c )P r land Ac isitipn &Capital Improvement ComtzZttee (1) Study and recommend to the Board the need for future open space, to accommodate the increasing population, Provide recommendations on the use of school property, sui plus/vacant Properties, land acquisition, and private development open space. (2) Study and recommend to the Board the need to address and provide funding for the Capital Improvement Program and Deferred Capital/Maintenance Program. Analysis methods to acquire funding for the Capital and Deferred Capital/Maintenance Program. (3) Analyze existing and proposed open space and recommend need for master planning to accommodate future needs and programs- (d) Zoo Development Committee (1) Study and recommend to the Board implementation of the Zoo Master Plan (c) The Chairman may also appoint Board members to any other committees as designated by the Board and/or City Council. City Council 4 32 - 6 6/16/2021 on RESOLUTION - BOARD OF RECREATION & PARKS page 5 of 5 Exhibit 1 BE IT FURTHER RESOLVED, that a copy of these Rules and Regulations shall be filed with the Clerk of the Council for public inspection. PASSED AND ADOPTED this 28a' day of January , 1998. ATTEST. Z'9z- 2 Philip R_ Reber, Chairman Board of Recreation and Parks Patty Ro� Board of Recreation and Parks Secretary BOARD OF RECREATION AND PARKS APPROVFD AS TO FORM: Reber _Aye Rivera Ave j Kendrick _Aye Rodriguez Absent4 Joseph W Fletcher Verino Ave _ City At Whitaker Aye_ Stroud Avo Brown AC — Castro _ Aye City Council 5 32-7 6/16/2021 ' PROPOSED F r„ ,, RECREATION AND COMMUNITY SERVICES COMMISSION BYLAWS 1.0 NAME The name of this advisory body of the City of Santa Ana shall be the Parks, Recreation and community Services Commission (hereinafter "Commission"). 2.0 RESPONSIBILITIES AND DUTIES OF COMMISSION 2.1 Act in an advisory capacity to the City Council in matters pertaining to the acquisition, capital improvements, rehabilitation and maintenance of parks and recreational, cultural, zoo and facilities; and 2.2 Act in an advisory capacity and consider the proposed annual budget for the Parks, Recreation, and Community Services Agency and make recommendations to the City Manager and/or City Council; and 2.3 Act in an advisory capacity to the City Council in recommending policies and/or legislation on all matters pertaining to parks, recreation and community services; and 2.4 Perform such other duties as may be directed by the City Council; and 2.5 Act in an advisory capacity and provide a recommendation to the City Council and the City Manager as to the acceptance or rejection of offers of donations of money, personal property or real estate to be used for recreation and parks programs; and additionally, it shall make recommendations on the sale, transfer, or usage of existing or future park property, and 2.6 The commission shall report annually to the City Council on its goals and accomplishments. 3.0 MEMBERSHIP Except as otherwise specified in the city charter, the members of the commission shall be appointed, and may be removed, by the city council, subject in both appointment and removal by the affirmative votes of a majority of the members. 3.1 VACANCIES Vacancies arising from whatever cause shall be filled pursuant to Santa Ana Municipal Code Section 2-326. City Council 32 — 8 6/15/2021 Proposed Parks, Recreation and Community Services Commission Bylaws Page 2 of 3 3.2 REMOVAL A Commissioner may be removed by the city council from the commission in the following circumstances: 3.2.1 Absent from two (2) regular meetings consecutively without permission of the commission expressed in its official minutes; or 3.2.2 Fails to attend at least one-half of the regular meetings within a calendar year; or 3.2.3 Is convicted of a crime involving moral turpitude, or 3.2.4 Ceases to be a resident of the city. 4.0 OFFICERS The commission shall elect from its members a chairperson and vice chairperson, each of whom shall serve in such position for the term of one (1) year. No member shall serve in the position of chairperson for more than one (1) term. 4.1 ELECTION The election of each chairperson and vice -chairperson shall be held annually at the July meeting and officers assume their elected positions at the August meeting. 4.2 CHAIR The Chair shall be responsible for the general supervision, direction, and control of the business and affairs of this Commission. The Chair shall preside over all meetings and represent the Commission, the City Council and City staff. 4.3 VICE CHAIR In the absence or resignation of the Chair, the Vice Chair shall perform all of the duties of the Chair, and in so acting, shall have all of the authority of the Chair. The Vice Chair shall have such other powers and perform such other duties as may be prescribed by the Commission. 5.0 MEETINGS All meetings shall be open to the public and shall conform to the provisions of the "Ralph M. Brown Act". 5.1 AGENDA Agenda items may be submitted thirty -days in advance by any Commissioner upon notification to the Chair or City liaison. The agenda shall be established with items as coordinated by the Chair and Recording Secretary. 5.2 PROCEDURES Robert's Rules of Order shall govern the general conduct of meetings. City Council 32 — 9 6/15/2021 Proposed Parks, Recreation and Community Services Commission Bylaws Page 3 of 3 5.3 QUORUM A majority of the Commission Members shall constitute a quorum. A majority vote of all Commission Members shall be required to carry a motion, proposal and/or resolution. 5.4 REGULAR MEETINGS Regular meetings of the Commission are scheduled for the fourth Thursday of the month. All regular meeting agendas shall be posted in a location accessible to the public at least 72 hours before the time of the meeting and must describe the business to be transacted. City Council 32 — 10 6/15/2021 LR 6115121 Exhibit 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING REVISED BYLAWS FOR THE PARKS, RECREATION, AND COMMUNITY SERVICES COMMISSION WHEREAS, on September 1, 2020, Ordinance No. NS-2992 was adopted by the City Council, modernising the municipal code by organising and consolidating all boards, commission, and committee matters into Chapter 2; and WHEREAS, Ordinance No. NS-2992 made changes to various municipal code provisions relating to the City's appointed boards and commission including centralizing the general requirements applicable to all boards and commission in one location; WHEREAS, Ordinance No. NS-2992 changed the name of the Board of Recreation and Parks to the Parks, Recreation and Community Services Commission; and WHEREAS, revised bylaws for the Parks, Recreation, and Community Services Commission were developed to be in alignment with Ordinance No. NS-2992 in this respect and others. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The revised bylaws for the Parks, Recreation, and Community Services Commission, attached as Exhibit A, are hereby approved. Section 2. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of June, 2021. Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: 4 A . Rg Laura A. Rossini Chief Assistant City Attorney City Council 32 — 11 Reso8y5?ft�021-XXX age 1 of 2 LR 6115121 Exhibit 3 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmerbers NOT PRESENT- Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2021-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on June_, 2021. Date: Daisy Gornez Clerk of the Council City of Santa Ana City Council 32 — 12 Reso8yS?ft�021-XXX age 2 of 2 Parks, Recreation, and Community Services https://www.santa-ana.org/parks Item # 33 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report June 15, 2021 TOPIC: Proposed Youth Commission Bylaw Amendments AGENDA TITLE: Proposed Youth Commission Bylaw Amendments RECOMMENDED ACTION Adopt a resolution amending the Youth Commission bylaws. DISCUSSION On November 17, 2015, the Santa Ana City Council approved the Youth Commission bylaws (Exhibit 1). In November 2018, the voters approved a Charter modernization initiative put forth by the City. The voters approved removing certain sections regarding the Personnel Board, Parks and Recreation Board, and Planning Commission with the intent that these sections would be related to the SAMC where the bulk of the provisions regarding the City's Boards and Commissions were already located. The Boards and Commission Ordinance Amendment incorporates the sections removed from the City Charter and reorganizes Chapter 2 (Administration) to include all Boards, Commissions, and Committee in one location within the SAMC. This includes, provisions regarding the Environmental Transportation Advisory Committee (ETAC), which were previously located in Chapter 33. The Ordinance amendment also cleaned up other provisions of Chapter 2 by eliminating outdated sections and grouping certain administrative provisions together in the section entitle "In General." Several City departments worked collectively to recommend revisions to these portions of Chapter 2 of the SAMC to update and streamline the provisions. On August 18, 2020, the City Council approved the first reading of an ordinance to amend Santa Ana Municipal Code (SAMC) Articles I and IV of Chapter 2 and repealing SAMC Sections 33- 183 and 33- 184 related to certain City boards and commissions. On August 18, 2020, the City Council approved the first reading of an Ordinance to amend Santa Ana Municipal Code (SAMC) Articles I and IV of Chapter 2 and repealing SAMC sections 33- 183 and 33- 184 related to certain City Boards and Commissions. City Council 33-1 6/15/2021 Proposed Youth Commission Bylaw Amendments June 15, 2021 Page 2 On September 1, 2020, the City Council adopted an Ordinance of the City Council amending SAMC Chapter 2, Articles I and IV and repealing Santa Ana Municipal Code Sections 33-183 and Sections 33-184. On April 23, 2021, the Youth Commission reviewed and discussed the proposed bylaw amendments. On May 21, 2021, the Youth Commission by majority vote recommend the City Council approve the proposed bylaws. Amendments to the SAMC related to the Youth Commission requires bylaw amendments. The bylaw amendment process includes the following: 1. Youth Commission review and discuss proposed bylaw amendments. 2. Legal counsel review and provide input to proposed bylaw amendments. 3. Youth Commission review the amended bylaws and by majority vote recommend the City Council approve the proposed bylaws. 4. City Council approve bylaws pursuant to SAMC Section 2-453. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated to this action. EXHIRIT(S) 1. Current Youth Commission Bylaws 2. Proposed Youth Commission Bylaws 3. Resolution Submitted By: Lisa Rudloff, Executive Director of Parks, Recreation and Community Services Approved By. Kristine Ridge, City Manager City Council 33 — 2 6/15/2021 Exhibit 1 City Of Santa Ana Youth Commission Bylaws I. Name and Authorization II. Purpose III. Duties IV. Membership and Voting V. Offices VI. Meetings and Procedures VI 1. Attendance VIII. Amendments Section I- Name and Authorization The name of this commission shall be the "Youth Commission of the City of Santa Ana". The Youth Commission has been established by the Santa Ana Municipal Code (SAMC 2-450 -- 2-457), having the powers set forth therein. Section II- Purpose The purpose of the Youth Commission is to advise the Santa Ana City Council on iegislative policies, needs, assessments, priorities, and programs concerning the Youth of the City of Santa Ana. Section III- Duties A. Identify the concerns and needs of the children and youth of the City of Santa Ana. Examine educational, social, economic, and recreational programs for the youth in the city of Santa Ana. Develop and propose plans that support or improve youth programs. B. Encourage and prepare the youth of Santa Ana to become civically responsible and be active citizens by educating them on their local government. C. Make recommendations and provide assistance to those community agencies engaged In fostering mutual understanding and respect for youth. D. Provide the youth of the city with both the opportunity to make recommendations relative to policies that affect their lives, as well as a forum in which to exchange ideas and information while interacting within the environment of the municipal government; City Council 33 — 3 6/15/2021 1 Exhibit 1 E. Submit recommendations to the Santa Ana City Council about educational improvements, recreational advantages for youth, becoming civically engaged, juvenile crime prevention, youth job opportunities, recreational activities and further opportunities for effective participation by youth in the governmental process. F. Be involved with the planning of Santa Ana youth focused events and/or planning an event- G. Conducting fundraising activities with proceeds to be used towards facilitation of Youth Commission activities and/or community service project(s) that have an emphasis on youth. The amount of funds generated by each successive Commission should meet or exceed the amount raised by the previous year's Commission. H. Empower youth to focus on their vision and goals for the future and implement strategies that will allow them to reach these goals. I. Recommend programs and plans intended to promote the full acceptance of youth in all aspects of community life without regard to race, religion, or national origin; provided, however, that all such programs and plans shall be subject to the approval of the city council. J. Recommend to the city council and various city departments and agencies changes in procedures, policies, and/or legislation for the purpose of improving the position of the youth in the City of Santa Ana. Section IV- Membership and Voting A. The youth commission shall consist of seven (7) regular members, seven (7) alternate members, and seven (7) associate members, who shall be subject to appointment and removal in accordance with section 901 of the Charter of the City of Santa Ana. The alternate members shall serve on the commission in the absence of any regular member. B. Regular members shall be ages sixteen (16) to twenty (20) (24- Pending Municipal Code Amendment). Alternate members shall be ages fourteen (14) to eighteen (18). Associate members shall be ages eleven (11) to fourteen (14). Should any member cease to reside within the City of Santa Ana, cease to be a student enrolled and attending a school, or exceed the age limit for their respective class of membership, his/her office shall automatically be vacated. All prospective members under the age of eighteen (18) shall provide written proof of parental or guardian permission to qualify for appointment. City Council 33 — 4 6/15/20212 Exhibit 1 C. The term for each member shall be four (4) years and until their respective successors are appointed and qualified, but in no event shall any person be eligible for reappointment who has served three (3) consecutive terms of four (4) years each or until they turn 20( 24- Pending Municipal Cade Amendment), years of age. D. A member who wishes to resign from the Youth Commission Is required to submit a resignation letter to his/her appointing council momber or supervisor. Section V- Offices 1. No member shall hold more than one office at a time. 2. The commission shall elect from its members a chairperson and vice chairperson, each of whore shall serve in such position for the term of one (1) year. No member shall serve in the position of chairperson for more than one (1) term. 3. Only regular members may serve as Chairperson or Vice -chairperson. Alternate and Associate members are eligible to hold other offices on Ad Hoc Committees, 4. Regular members shall have priority when being nominated to hold office. A. Chairperson City Council Preside at all youth commission meetings • Call special meetings of the Commission when necessary Bring Youth Commission Meetings to order e Keep the City Council informed of Youth Commission actions • Assist new Commission member orientation • Provide leadership in setting the Commission's goals and objectives • Be responsible for presenting an annual report to the City Council B. Vice -Chairperson • Perform the duties and exercise the power of the Chairperson during the absence of the Chairperson • Provide an update to members who missed a meeting • Keep track of meeting attendance and inform the commission when members fail to attend 3 or more meetings without justification 33-5 3 6/15/2021 Exhibit 1 Section VI -Meetings and Procedures City Council A. Meetings 1. Unless otherwise directed by a majority of the Youth Commission, the Commission shall meet on the third (3r°) Friday of every month unless this date falls on a holiday. In this case the Youth Commission meeting shall be held on the subsequent Friday. 2. The Chairperson or a majority of the Youth Commission has the power to call special meetings, but all members shall have at least a three day notice for a special meeting. 3. At least seven members of the Youth Commission must be present at the special meeting in order to conduct business. 4. All regular meetings of the Commission shall be held in the City Council Chambers, unless the city council provides for another place of meeting. The commission may hold additional meetings at places other than the city council chambers to the extent deemed necessary B. Quorum and Voting Procedures 1. Quorum will be met by the majority of Regular Commission members present. 2. In the event that less than a majority is present, Commissioners may hear and discuss issues but may not vote. 3. All meetings of the Commission shall be open to the public and be subject to the California Open Meeting laws, known as the 'Brown Act", Government Code section 54950 et. seq. 4. The affirmative vote of a majority of the members present shall be required for the approval on any matter, 5. Regular Commission members may vote. Each member of the Commission shall be entitled to one vote. 6. When any item is opened for consideration by the Commission a motion may be made by a member. 33-6 6/15/20214 Exhibit 1 Matter must receive a second before discussion occurs. C. Agenda and Comments 1. Staff shall set the agenda for the Commission 2. Any Youth Commission member can propose agenda items for the upcoming Youth Commission meeting by making a request during Commissioner Comments. 3. The Youth Commission shall hold meetings open to the public In full compliance with state and local laws. Public comments and participation are encouraged by the Youth Commission. 4. Each person wishing to speak on an item at the Youth Commission shall have to fill out a speaker request form in order to do so. Section VII-Attendance A. Automatic Resignation of Members 1. Members are reminded not to abuse the attendance policy. Unexcused absences or lateness may result in automatic resignation from the Youth Commission as described below: B. Attendance 1. 2. 3 n Refer to SAMC 2-450 Any Youth Commission member who has 3 unexcused absences within a six-month period shall be deemed to have resigned from the Youth Commission, The Youth Commission shall not authorize any absences in excess of three (3) regularly scheduled meetings during the fiscal year. To authorize an absence prior to a scheduled Youth Commission meeting, the member seeking authorization must send an email to the Youth Commission staff at least twenty-four (24) hours in advance. The voting members of the Youth Commission will vote on the authorization of the absence. 5. An extended leave of absence must be approved by the voting members of the Youth Commission. Only two (2) extended leaves of absence are permitted per City Council 33 — 7 6/15/2021 Exhibit 1 Youth Commission term, except for in emergencies approved by the full Youth Commission. Such request must be submitted in writing or email. The extended leave may only be for 2 months. Section VIII-Amendments A. The Youth Commission can create, repeal, amend, or reword its bylaws with a majority vote of the voting Youth Commission members. Changes made to the bylaws must be placed on the agenda and noticed at least ten (10) days prior. B. A record of all changes of any kind of the bylaws must be documented. The exact change must be recorded and have the Chairperson and Vice -Chairperson's signatures, the date, and amendments reflected. The undersigned appointed regular and alternate members of the Santa Ana Youth Commission approve these Bylaws to be used by the Youth Commission and all future Youth Commissions from the City of Santa Ana. The Youth Commission approves these bylaws with their signatures. Adopted this 16"' day of October 2015 by the undersigned City Of Santa Ana Youth Commission Members: Regular Members: Ruiz — Ward 2 Associate Members: Anais Ben vides — Ward 4 Alternate Members; Ro Rodriguez -- ayoral r�.t� Marlene Vasquez— ardVi( Q7__ ennife Barron —Ward 2 Marler, Buitron —Ward 3 City Council 33 — 8 6/15/2021 Exhibit 1 Youth Commission Agreement of Expectations The Santa Ana Youth Commission agrees that as Commissioners they shall: 1. Be treated as any other City Board or Commission. 2. Take their responsibility seriously. 3. Be prepared to attend meetings. 4. Be thoughtful as to the type of contribution they will make to Santa Ana's youth community. 5. Be aware of their role as Youth Commissioners outside of Commission meetings or events. 6. Use their best Judgment and common sense in all actions, both on an individual level and as a group. 7. Not promote discrimination against any Individual or organization on the basis of age, gender, ethnicity, sexual orientation, religion, or physical disability through any of its statements, actions, or events. 8. Serve Santa Ana youth the best way possible be it physically, spiritually, mentally, socially, or economically. 9. Shall refrain from using the position of Youth Commissioner or representative of the City of Santa Ana to endorse any cause or activity without the expressed approval of a majority vote of the Youth Commission. By my signature, I acknowledge that I have read, understand, and agree to the Youth Commission Bylaws as defined in the packet that I received. Name Position Date City Council 33 — 9 6/15/2021 U PROPOSED YOUTH COMMISSION BYLAWS I =177111111• A 1.0 NAME The name of this advisory body of the City of Santa Ana shall be the Youth Commission (hereinafter "Commission"). 2.0 RESPONSIBILITIES AND DUTIES OF COMMISSION 2.1 Act in an advisory capacity to the city council in matters pertaining to youth and teen services, programs, and cooperation with other public and/or private agencies; 2.2 Act in an advisory capacity and consider the proposed annual budget for the parks, recreation and community services agency and make recommendations regarding youth services to the city manager and/or city council; 2.3 Act in an advisory capacity to the city council in recommending policies and/or legislation for improving the position of the youth in the City of Santa Ana; and 2.4 Perform such other duties as may be directed by the city council. 3.0 MEMBERSHIP Except as otherwise specified in the city charter, the members of the commission shall be appointed, and may be removed, by the city council, subject in both appointment and removal by the affirmative votes of a majority of the members. 3.1 VACANCIES Vacancies arising from whatever cause shall be filled pursuant to Santa Ana Municipal Code Section 2-326. 3.2 REMOVAL A Commissioner may be removed by the city council from the commission in the following circumstances: 3.2.1 Absent from two (2) regular meetings consecutively without permission of the commission expressed in its official minutes; or 3.2.2 Fails to attend at least one-half of the regular meetings within a calendar year; or 3.2.3 Is convicted of a crime involving moral turpitude; or 3.2.4 Ceases to be a resident of the city. 4.0 OFFICERS The commission shall elect from its members a chairperson and vice chairperson, each of whom shall serve in such position for the term of one (1) year. No member City Coup ncthe PFp ^~ 33 eF — 10 6/15/2021 I =M 111111PA Proposed Youth Commission Bylaws Page 2 of 2 4.1 ELECTION The election of each chairperson and vice -chairperson shall be held annually at the July meeting and officers assume their elected positions at the August meeting. 4.2 CHAIR The Chair shall be responsible for the general supervision, direction, and control of the business and affairs of this Commission. The Chair shall preside over all meetings and represent the Commission, the City Council and City staff. 4.3 VICE CHAIR In the absence or resignation of the Chair, the Vice Chair shall perform all of the duties of the Chair, and in so acting, shall have all of the authority of the Chair. The Vice Chair shall have such other powers and perform such other duties as may be prescribed by the Commission. 5.0 MEETINGS All meetings shall be open to the public and shall conform to the provisions of the "Ralph M. Brown Act". 5.1 AGENDA Agenda items may be submitted thirty -days in advance by any Commissioner upon notification to the Chair or City liaison. The agenda shall be established with items as coordinated by the Chair and Recording Secretary. 5.2 PROCEDURES Robert's Rules of Order shall govern the general conduct of meetings. 5.3 QUORUM A majority of the Commission Members shall constitute a quorum. A majority vote of all Commission Members shall be required to carry a motion, proposal and/or resolution. 5.4 REGULAR MEETINGS Regular meetings of the Commission are scheduled for the First Wednesday of the month. All regular meeting agendas shall be posted in a location accessible to the public al least 72 hours before the lime of the meeting and must describe the business to be transacted. The Chair and Recording Secretary may cancel meetings for any reasons deemed unnecessary or infeasible to hold the scheduled meeting. City Council 33 — 11 6/15/2021 LP. 6115/21 Exhibit 3 1:7 x.Yi7 ��j � [�7 r, � r, [�76IiYli diiZl A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING REVISED BYLAWS FOR THE YOUTH COMMISSION WHEREAS, on September 1, 2020, Ordinance No. NS-2992 was adopted by the City Council, modernizing the municipal code by organizing and consolidating all boards, commission, and committee matters into Chapter 2; and WHEREAS, Ordinance No. NS-2992 made changes to various municipal code provisions relating to the City's appointed boards and commission including centralizing the general requirements applicable to all boards and commission in one location, WHEREAS, revised bylaws for the Youth Commission were developed to be in alignment with Ordinance No. NS-2992 in this respect and others; and WHEREAS, Santa Ana Municipal Code Section 2-453 requires that the City Council approve the Youth Commission bylaws. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows. Section 1. The revised bylaws for the Youth Commission, attached as Exhibit A, are hereby approved. Section 2. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of June, 2021. Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Xawtg- A . R Laura A. Rossini Chief Assistant City Attorney City Council 33 — 12 ResoAOS? �021-XXX age 1 of 2 LR 6115121 Exhibit 3 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmerbers NOT PRESENT- Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2021-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on June_, 2021. Date: Daisy Gornez Clerk of the Council City of Santa Ana City Council 33 — 13 Reso8yS?ft�021-XXX age 2 of 2 Finance and Management Services https://www.santa-ana.org/finance Item # 34 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report June 15, 2021 TOPIC: Resolution establishing the Appropriations Limit for FY 2021-22 AGENDA TITLE: Adopt a Resolution Establishing the Appropriations Limit of the City of Santa Ana for Fiscal Year 2021-22 RECOMMENDED ACTION Adopt a resolution establishing the appropriations limit of the City of Santa Ana for FY 2021-22, as required by state law. DISCUSSION The State of California Constitution imposes a limit ("the GANN Limit") on tax proceeds to be appropriated for expenditures by a local government in any given fiscal year and requires the cities establish this limit by resolution. Adoption of the subject resolution is necessary for compliance with the California constitution for the fiscal year ending June 30, 2022. Furthermore, Section 13-90 of the Santa Ana Municipal Code requires the creation of a Reserve Fund for Excess Proceeds of Taxes (Reserve Fund), as a separate accounting of taxes received in a fiscal year prior to the period of expenditure. The City appropriates the expenditure of tax revenue in the same fiscal year of receipt, and therefore creation of the Reserve Fund is not necessary for the fiscal year 2021-22. In fiscal year 2019-20, the Proceeds of Taxes were $251,901,274 and the actual General Fund expenditures were $310,856,434. Using the formula provided by the state, staff calculated the spending limitation from "Proceeds of Taxes" as $1,231,615,395 (Exhibit 1) for fiscal year 2021-22, which is the FY20-21 limit increased by 4.84%. The funds constrained by the appropriations limit include the General Fund, the Capital Outlay Fund, and Special Revenue Funds. Exhibit 1 identifies the factors used to determine the allowable inflationary increase from the prior year. Exhibit 2 categorizes FY 2021-22 anticipated revenues from "Proceeds of Taxes" and "Non -Proceeds of Taxes". Exhibit 3 computes the FY 2021-22 appropriations subject to this limitation, and identifies the difference between the limit and the budgeted appropriation. As demonstrated in Exhibit 3, the City's anticipated fiscal year 2021-22 City Council 34 — 1 6/15/2021 Resolution establishing the Appropriations Limit for FY 2021-22 June 15, 2021 Page 2 appropriations subject to limitation is $264,013,204, which is $967,602,191 less than the allowable GANN Limit. ENVIRONMENTAL IMPACT there is no environmental impact associated with this action. FISCAL IMPACT there is no fiscal impact associated with this action. EXHIBIT 1. Computation of Appropriation Limit 2. Schedule to Categorize Anticipated Revenues 3. Appropriation Subject to Limitation 4. Resolution Submitted By: Kathryn Downs, FMSA Executive Director Approved By: Kristine Ridge, City Manager City Council 34 — 2 6/15/2021 EXHIBIT 1 COMPUTATION OF APPROPRIATION LIMIT FOR FISCAI YFAR FNDING JUNF 30, 2022 Fiscal Year 2020-21 Appropriations Limit California Per Capita Personal Income: Converted into a Factor Population Growth: Converted into a Factor: Calculation of factor for fiscal year 2021-22 (1.0573 x 0.9916): $ 1,174,757,149 5.730% " 1.0573 -0.84°/ ` 0.9916 1.0484 Fiscal Year 2021-22 Appropriations Limit $ 1,231,615,395 * Source: State of California, Department of Finance, Price and Population Information - FY 2021-22 City Council 34 — 3 6/15/2021 1W1:I1-3hII&a EXHIBIT 2 SCHEDULE TO CATEGORIZE ANTICIPATED REVENUES FOR FISCAI YFAR FNr)ING JUNF 30, 2092 REVENUE TAXES: Properly Tax Sales Tax Hotel Visitors' Tax Business Tax Documentary Stamp Tax Utility Users' Tax Medical Marijuana/Cannabis Tax Total Taxes FROM STATE - State Motor Vehicle License Homeowner Prop Tax Subvention Stato Gas Tax SB90 Reimbursements State Grants Total State OTHER GOVERNMENT: Community Development (CDBG) Urban Area Seci.irity Initiative Grant Social Services Agency Grant Housing (Section 8) Workforce Investment Act Measure M. Street Grants Civic Center and Park Program Income Other Federal Grants Total Other Governtnent PROCEEDS OF TAXES $ 90.627.840 $ 121,105, 700 5,000,000 12,200,000 1,035,500 23.650.000 20,875,000 274,494,040 203,100 191.700 394,800 NON -PROCEEDS OF TAXES TOTALS $ 90,627.840 - 121,105,700 5,000,000 12,200,000 1,035,500 23.650.000 20,875,000 274,494,040 15,188, 600 88,000 5,005,530 20, 282,130 19,613,950 4.607.780 838,970 49, 795, 040 2,344,880 10,587,920 4,438,720 380,000 12,148,710 104,755,970 203,100 191.700 15,168,6D0 88,000 5,005,530 20,676,930 19, 613, 950 4,607,780 838,970 49,795,040 2,344,880 10,587.920 4.438.720 380,000 12,148,710 104,755.970 City Council 34 — 4 6/15/2021 EXHIBIT 3 EXHIBIT 3 APPROPRIATION SUBJECT TO LIMITATION FOR FISCAI YFAR FNDING JUNF 30, 2022 Proceeds of taxes Less: Exclusions Appropriation subject to limitation Current year limit Over(under) limit $ 275,260,521 (11.247.317) $ 264,013,204 1,231,615,395 $ (%7,602,191) City Council 34 — 5 6/15/2021 EXHIBIT 4 ROH, 06/15/21 is»�.��rjrr•��nr•�z�l�e A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING THE APPROPRIATION LIMIT OF THE CITY OF SANTA ANA FOR FISCAL YEAR 2021-2022 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. Article XIIIB of the Constitution of the State of California, adopted by the voters of the State of California in 1979, imposes upon State and local government the obligation to limit each fiscal year's appropriations to those established in fiscal year 1978-79 as adjusted for by inflation and population, together with other specified changes required or permitted. B. In June of 1990, the voters of the State of California approved Proposition 111, which amended Article XIIIB to establish the limit originally calculated for fiscal year 1986-87 as a new adjustment base, and to change the definition of the cost of living to be either the percentage change in California per capita personal income from the preceding year or the percentage change in the local assessment roll from the preceding year for the jurisdiction due to the addition of local non-residential new construction. C. Proposition 111 further modified Article XIIIB requirements by making certain capital outlay, debt service, emergency and court ordered expenditures not subject to the limit, and by allowing expenditures in excess of one year's limit to be offset by under expenditures in an immediately following year. D. The City of Santa Ana has opted to use as the inflation adjustment factor, the percentage change in the California per capita personal income from the preceding year. E. The City of Santa Ana has opted to use as the population adjustment factor, the County's percentage change in population from the preceding year. F. Section 7910 of the Government Code of the State of California requires the governing body of each local jurisdiction each year to, by resolution, establish its appropriations limit and make other necessary determinations for the following fiscal year pursuant to Article XIIIB of the California City Council 34 — 6 Resoluti&121 Page 1 of 3 Constitution at a regularly scheduled meeting or noticed special meeting. Fifteen days prior to the meeting, documentation used in the determination of the appropriations limit and other necessary determinations shall be available to the public. G. This matter came before the City Council at its regularly scheduled meeting of June 15, 2021. H. The Executive Director of the Finance and Management Services Agency of the City of Santa Ana has determined the City's appropriation limit for fiscal year 2021-2022 in accordance with said provisions of the Constitution and laws of the State of California, and the documentation used in the determination has been available to the public since riot later than May 31, 2021, in the office of the Executive Director of the Finance and Management Services Agency. Section 2. Based upon the above referenced facts, and all facts specified in the accompanying Request for Council Action and its attachments, and each of them, the appropriation limit of the City of Santa Ana for fiscal year 2021-2022 is hereby found and determined to be $1,231,615,395. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of APPROVED AS TO FORM: Sonia R. Carvalho City Attorney l � By. Ryan O.IHodk e Assistant City Attorney 2021. Vicente Sarrniento Mayor City Council 34 — 7 Resoluti&156N21 Page 2 of 3 AYES: Councilmembers NOES. Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Md 4919C47iIIA 115i1WAMMI"fil9IGHNW,► ZIMXG1VM11ONM1IIMA I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2021- to be the original resolution adopted by the City Council of the City of Santa Ana on June 15, 2021. Date: Clerk of the Council City of Santa Ana City Council 34 — 8 Resoluti&15M21 Page 3 of 3 Human Resources https://www.santa-ana.org/hr Item # 35 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report June 15, 2021 TOPIC: ICRMA JPA Renewal / Broker Agreement / Associated Premiums AGENDA TITLE: Approve Renewal of Joint Powers Authority Agreement between the City of Santa Ana and Independent Cities Risk Management Authority (ICRMA) and Approve Associated Insurance Premiums and Corresponding Agreement for an Amount not to Exceed $8,000,000 and Approve Appropriation Adjustment of $1,500,000 (Non -General Fund) RECOMMENDED ACTION 1. Authorize the City Manager to approve the agreement between the City of Santa Ana and Arthur J. Gallagher, broker of record, frorn July 1, 2021 to June 30, 2022 for insurance brokerage services, subject to non -substantive changes approved by the City Manager and City Attorney_ 2. Authorize the City Manager to approve payment of insurance premiums to Independent Cities Risk Management Authority (ICRMA) for excess liability and workers' compensation for protection of City's assets. a. Approve the City's continued participation in ICRMA's Excess Liability Program from July 1, 2021 to June 30, 2022 at estimated premium, fees, and taxes not to exceed $3,936.181. b. Approve the City's continued participation in ICRMA's Excess Workers' Compensation Program from July 1, 2021 to June 30, 2022, at estimated premium, fees, and taxes not to exceed $362,219. c. Approve the City's continued participation in the ICRMA's Auto Physical Damage Program from July 1, 2021 to June 30, 2022 at estimated premium, fees, and taxes not to exceed $119,215. d. Approve the City's continued participation in the ICRMA's Property and Equipment Program from July 1, 2021 to June 30, 2022 at estimated premium, fees, and taxes not to exceed $484,653. City Council 35 — 1 6/15/2021 ICRMA JPA Renewal / Broker Agreement / Associated Premiums June 15, 2021 Page 2 e. Approve the City's continued participation in ICRMA's Crime Program from July 1, 2021 to June 30, 2022 at estimated premium, fees, and taxes not to exceed $15,456. f. Approve the City's continued participation in ICRMA's Cyber Program from July 1, 2021 to June 30, 2022 at estimated premium, fees, and taxes not to exceed $70,314. 3. Authorize the City Manager to approve payment of insurance premiums to Arthur J. Gallagher, Broker, for coverages of City's assets. a. Approve the City's General Liability Buffer Program from July 1, 2021 to June 30, 2022 at estimated premium, fees, and taxes not to exceed $962,000; b. Approve the City's Workers' Compensation Buffer Program from July 1, 2021 to June 30, 2022 at estimated premium, fees, and taxes not to exceed $240,118: c. Approve the City's Earth Movement & Flood and Difference in Coverage Program from July 1, 2021 to June 30, 2022 at estimated premium, fees, and taxes not to exceed $985,856; d. Approve the City's Terrorism Insurance Program from July 1, 2021 to June 30, 2022 at estimated premium, fees, and taxes not to exceed $12,330; and e. Approve the City's Underground Storage Tank Program from July 1, 2021 to June 30, 2022 at estimated premium, fees, and taxes not to exceed $10,157. 4. Approve the City's obligation to pay the State of California Department of Industrial Relations (DIR) fee for the Workers' Compensation Program from July 1, 2021 to Junc 30, 2022, at an estimated assessment not to excccd $365,000. 5. Authorize an appropriations adjustment to add an amount not to exceed $1,500,000 to account 08009051-64010 Insurance Payment for increased expenditures to insurance premiums above the currently proposed budget. DISCUSSION Staff is recommending renewal with Independent Cities Risk Management Authority (ICRMA), a joint powers authority formed in 1980 in accordance with California Government Code Section 6500. ICRMA's purpose is to provide: i) excess and re- insurance to protect members from extensive financial debt due to large claims, settlements and judgments, ii) group insurance purchasing power that can offer broader coverage at a lower cost, iii) rate stability, and iv) protect individual member cities through pooling of losses, and self-insurance. ICRMA also offers to its' members actuarial City Council 35 — 2 6/15/2021 ICRMA JPA Renewal / Broker Agreement / Associated Premiums June 15, 2021 Page 3 services, safety trainings, claim audits, and policy reviews. Currently comprised of 16 California cities (Adelanto, Bell, Downey, El Monte, El Segundo, Fullerton, Glendora, Hawthorne Hermosa Beach, Huntington Park, Inglewood, Lynwood, Monterey Park, San Fernando, and South Gate), Santa Ana joined ICRMA in July 2019. In this renewal period, the City's premiums experienced an overall increase of 69% for Liability and Property lines of coverage. The City's Workers' Compensation coverage experienced a 4% increase overall. The significant program increases occurred in coverages for liability and cyber. These were primarily due to an insurance market with very few excess carriers willing to quote municipal government entities and a continuing rise in jury awards and settlement amounts and increasing cyber-attacks trending upward not only in California cities but nation-wide. ICRMA Pool and Ancillary Policies Premiums - Fiscal Year Comparisons QUOTED PREMIUMS WORKERS' COMPENSATION COVERAGES FY 2019/20 FY 2020/21 FY 2021/22 Excess Pool Workers' Compensa lion Program $ 456,447 $ 386,000 $ 362,219 Excess Workers' Compensation Buffer $ 155,433 $ 194,000 $ 240,118 Total $ 611,880 $ 580,000 $ 602,337 LIABILITY AND PROPERTY COVERAGES -5% 4% Excess Pool Liability Program $ 1,579,693 $ 1,680,000 $ 3,936,181 Auto Physical Damage Program $ 70,550 $ 79,000 $ 119,215 Property & Equipment Program $ 356,514 $ 455,000 $ 484,653 Crime Program $ 10,845 $ 12,000 $ 15,456 G berPro ram $ 21,611 $ 31,000 $ 70,314 Excess Liability Buffer $ 713,112 $ 786,000 $ 962,000 DIC Earth Movement & Flood $ 289,368 $ 844,000 $ 985,856 Terrorism $ 10,965 $ 13,000 $ 12,330 Underground Storage Tanks- Environmental $ 7,282 $ 8,000 $ 10,157 Total $ 3,059,940 $ 3,908,000 $ 6,596,162 28% 69% The City is permissibly self -insured for workers' compensation through the State of California Department of Industrial Relations (DIR). For FY 2021-22, staff is requesting that the City Council approve the City's obligation to pay the State of California DIR City Council 35 - 3 6/15/2021 ICRMA JPA Renewal / Broker Agreement / Associated Premiums June 15, 2021 Page 4 estimated assessment in the amount not to exceed $365,000 for the period of July 1, 2021 to June 30. 2022. ENVIRONMENTAL IMPACT there is no environmental impact associated with this action. FISCAL IMPACT Funds budgeted in the proposed FY 2021-22 Liability & Properly Insurance account, No. 08009051-64010 are $5,121,670. An appropriation adjustment not to exceed $1,500,000 is requested to facilitate payment of estimated premiums and administrative costs. Funds for payment of estimated Workers' Compensation and DIR prerniurns and associated administrative costs are currently included in the proposed FY 2021-22 Workers' Compensation Fund, account No. 08209054-64010. EXHIBIT(S) 1. Agreement For Consultant Services Between City Of Santa Ana And Arthur J. Gallagher Insurance Brokers Of California, Inc. For Insurance Broker Services, Client Service Agreement Submitted By: Jason R. Motsick, Executive Director - Human Resources Approved By: Kristine Ridge, City Manager City Council 35 — 4 6/15/2021 AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF SANTA ANA AND ARTUR J. GALLAGHER INSURANCE BROKERS OF CALIFORNIA, INC. INSURANCE BROKER SERVICES THIS AGREEMENT is made and effective as of July 1, 2021, 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 (hereinafter referred to as "City"), and Arthur J. Gallagher & Co. Insurance Brokers of California, Inc. a Corporation (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows- USEEIA:L4) This Agreement shall commence on July 1, 2021, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2022, unless sooner terminated pursuant to the provisions of this Agreement. r Consultant shall perform insurance brokerage services for the placement of the City of Santa Ana's insurance programs as outlined in Exhibit A. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. a. The City agrees to pay Consultant for insurance premiums invoiced for insurance placernents. b. Consultant will submit invoices for insurance premiums. Invoices shall be submitted once insurance coverage is bound. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers City Council 35 — 5 6/15/2021 and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. ael a I Lit awwjd • a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from Risk Management Department or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena- b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or Similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. I lowever, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. �.G;t�[•i�� Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and tirne of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. City: City of Santa Ana Attn: Clerk of Council 20 Civic Center Plaza, M-30 P.O. Box 1988 Santa Ana, CA 92701 With courtesy copies to: Risk Manager City of Santa Ana 20 Civic Center Plaza, M-28 P.O. Box 1988 Santa Ana, CA 92701 City Attorney City of Santa Ana 20 Civic Center Plaza. M-29 City Council Santa 92701 6/15/2021 To Consultant: Arthur J. Gallagher & Co., Insurance Brokers of California., Inc. Susan J. Blankenburg San Francisco, CA 94111 415-536-8417 Susan—Blankenburg@ajg.com The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Santa Ana. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) narne changes: (b) extension of time not to exceed one year, (c) non -monetary changes in scope of work, (d) agreement termination. City Council 35 — 7 6/15/2021 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF SANTA ANA Kristine Ridge City Manager ATTEST. Daisy Comez Clerk of the Council APPROVED AS TO FORM- SONIA R. CARVALHO City Attorney i By: Ryan 0. Hodge Assistant City Attorney RECOMMENDED FOR APPROVAL Jason Motsick Executive Director Human Resources Department Arthur J. Gallagher & Co. 3-2 Riley Binrord Area President By: Riley Binford Area President CONSUITANT Susan J. Blankenburg 1255 Battery Street, Suite 450 San Francisco, CA 94111 (415)536-8417 Susan Blankenbura a aia.corn PM Initials: Date - City Council 35 — 8 6/15/2021 • The following outlines services provided by Gallagher over the term of this Agreement: • Use its best efforts to secure the following lines of insurance coverage on Client's behalf: Property. Excess Liability. Fidelity/Crime, Foreign Package. Employment Practices Liability and Underground Storage Tank. • Consult with the City of Santa Ana to formulate a marketing strategy that focuses on delivering a cost-effective risk management strategy and structure based upon current market conditions. • Work with the City of Santa Ana to produce comprehensive underwriting data and criteria for insurance carrier negotiations. • Formally present coverage submissions to agreed upon insurance carrier(s) and negotiate terms on behalf of the City of Santa Ana. • Summarize the results of executing the marketing strategy developed with the City of Santa Ana and communicate program recommendations. • Provide consultation to the City of Santa Ana on exposures, existing coverage, and the desirability and/or feasibility of potential program changes when recommended by Gallagher or when requested by the Client. • Request change endorsements, when requested by the Client or when ntherwise necessary, ensuring accuracy and delivery in a timely manner. • Administration of insurance program, including policy review and issuance, invoicing, coordination and/or issuance of required documentation, i.e., automobile identification cards, certificates of insurance, and other program administration, as required by the Client. • Review accounting and billing data received frorn insurance markets on Client's behalf to ensure accuracy. City Council 35 — 9 6/15/2021 P", 1 .f , Public Works Agency https://www.santa-ana.org/pw Item # 36 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report June 15, 2021 TOPIC: Ordinance relating to Preservation of Newly Constructed and Reconstructed Arterial Streets, Local Streets, and Alleys AGENDA TITLE Ordinance Repealing and Reenacting the Santa Ana Municipal Code Chapter 33, Section 54 Establishing the Preservation of Newly Constructed and Reconstructed Arterial Streets, Local Streets, and Alleys RECOMMENDED ACTION Approve the first reading of an ordinance repealing and reenacting the Santa Ana Municipal Code Chapter 33, Section 54 establishing the preservation of newly constructed and reconstructed arterial streets, local streets and alleys. DISCUSSION The current City Municipal Code Chapter 33 Section 54 "Preservation of Newly Constructed and Reconstructed Arterial Streets" (SAMC 33-54) (Exhibit 1) was adopted to establish basic coordination levels between the City and private parties to preserve and protect pavements, primarily on arterial and primary streets. The ordinance requires that private parties accelerate and/or modify their proposed work schedules in order for their construction activities to be completed before City improvements are completed. This prevents private parties from cutting into new streets and reduces the number of disruptions caused by construction activities, lessening the adverse impacts to the community. As SAMC 33-54 mainly focuses on arterial and primary streets, staff recommends repealing and reenacting this section of the municipal code to incorporate local streets and alleys. The proposed changes, which are consistent with standard practices in other Orange County cities, extend the aforementioned requirements to all street classifications. From March 3 to March 31, 2021, background information, the current Municipal Code, proposed language, a schedule, and an explanation of the process to amend the Municipal Code were posted on the City's website and sent via mail to utility companies and interested parties. Staff also held meetings with several utility companies to gather additional input, which was incorporated in the proposed ordinance (Exhibit 2). ENVIRONMENTAL IMPACT City Council 36 — 1 6/15/2021 Ordinance relating to Preservation of Newly Constructed and Reconstructed Arterial Streets, Local Streets, and Alleys June 15, 2021 Page 2 There is no environmental impact associated with the action. FISCAL IMPACT There is no fiscal impact associated with this action EXHIBIT(S) 1. Current Municipal Code Section 33-54 2. Proposed Municipal Code Section 33-54. Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency Approved By: Kristine Ridge, City Manager City Council 36 — 2 6/15/2021 Current Municipal Code EXHIBIT 1 Sec. 33-54. -Preservation of newly constructed and reconstructed arterial streets. In order to preserve the ride quality, structural integrity and appearance of newly constructed or reconstructed arterial streets, the following conditions are hereby imposed: (a) Cutting or opening arterial.str-eets. (1) Newly constructed or resurfaced arterial streets shall not be cut or opened for a period of five (S) years following construction or resurfacing, except in the case of emergency or imminent peril to life, limb or property, as determined by the city engineer. (2) Upon a showing of good cause, the city engineer may permit newly constructed or resurfaced arterial streets to be cut or opened prior to expiration of the five-year period following construction or resurfacing. Any such exception shall require specific written approval by the city engineer. (b) Connection of service /atera/. For new utilities' service laterals, a maximum street opening of four (4) feet by four (4) fee[ may be made directly over the utility for purposes of connecting the service lateral. Notwithstanding the foregoing, the lateral itself shall be bored orjacked from the property line of the property being serviced. (c) Compliance with construction requitetnents. All street openings, trenching, backtilling and resurfacing shall at all times comply with the City of Santa Ana Standard Plans, as specifically approved in writing by the city engineer. (d) Requirement ofpermit. All street openings shall be subject to the then -current street work permit requirements and fees- (e) Appeal. An applicant shall have the right to appeal any decision of the director of public works under this sec Lion 33-54 pursuant- Lo the provisions of Chapter 3 of Lhe Santa Ana Municipal Code. (Ord. No. NS-2054, � 1, 4-16-90; Ord. No. NS-2447, § 7, 10-2-00) City Council 36 — 3 6/15/2021 1 /1 brs 6/4/21 EXHIBIT 2 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING AND REENACTING IN ITS ENTIRETY SECTION 33-54 OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE PRESERVATION OF NEWLY CONSTRUCTED AND RECONSTRUCTED ARTERIAL STREETS WHEREAS, the City of Santa Ana owns and maintains over 1,100 lane miles of concrete and asphalt paved streets; and WHEREAS, preservation for the public benefit of the ride quality, structural integrity, and appearance of newly constructed, reconstructed, resurfaced, surface sealed street pavement, or any treatment that adds to the structural capacity, life, or aesthetic value of the pavement, is of great value and cost effectiveness to the City and its residents; and WHEREAS, Section 33-54 of the Santa Ana Municipal Code, entitled "Preservation of newly constructed and reconstructed arterial streets," was adopted to provide basic coordination levels between the City and private efforts related to pavement preservation and provides that newly constructed or resurfaced arterial streets shall not be cut or opened for a period of five years following construction or resurfacing, except in case of emergency or imminent peril to life, limb, or property; and WHEREAS, the five year moratorium in Section 33-54 does not currently include local streets and alleys; and WHEREAS, with increased activity to accommodate new technology utilities, the approaching service lift of existing underground utilities, and incrcascd traffic congestion, there is a need to update and amend the current "street cut' protocols and practices in Section 33-54; and WHEREAS, the changes to this ordinance are consistent with standard practices in other Orange County cities; and WHEREAS, to effectively update Section 33-54, it is necessary that Section 33-54 be repealed and reenacted. Or din.nu-r No NS %%N Page 1 of 0 City Council 36 — 4 6/15/2021 brs 6/4/21 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 33-54 of Article II of Chapter 33 of the Santa Ana Municipal Code is hereby repealed in its entirety. SECTION 2. Section 33-54 of Article II of Chapter 33 of the Santa Ana Municipal Code is hereby reenacted in its entirety as follows: Sec. 33-54. Excavation moratorium for the preservation of newly constructed, reconstructed, resurfaced, surface sealed streets, or any treatment that adds to the structural capacity or life of the pavement. (a) Purpose. In order to preserve the ride quality, structural integrity, and appearance of newly constructed, reconstructed, resurfaced, surface sealed street pavement, or any treatment that adds to the structural capacity, life, or aesthetic value of the streets in Santa Ana, a moratorium on excavation or street cuts shall be imposed. (b) Definitions. As used in this Section, the following words, terms, or phrases shall have the meaning hereinafter set forth: (1) "Utility Operator' or "Utilities" means privately or publicly owned entities that provide electricity, natural gas, water and sewer, and telecommunication services to the public. (2) "Private Developer' means any individual or entity proposing to construct projects residential, commercial, or industrial in nature that include construction in the public right of way. (3) "Moratorium" means the prohibition of any cutting, digging, potholing, or other disturbance of any City street surface, including arterial streets, local streets, and alleys that is imposed by this Section. (4) "City Street Pavement" means all street classifications, including but not limited to arterial streets, local streets, and alleys. (c) Moratorium on cutting or excavating street pavement. (1) Newly constructed, reconstructed or resurfaced City Street Pavement shall not be cut or excavated for a period of five (5) years, subject to exceptions below. Newly constructed, reconstructed or resurfaced City Street Pavement is defined as any installation that adds to the structural capacity Or din.vu:r. No. NS %%N Page 2 of L City Council 36 — 5 6/15/2021 brs 6/4/21 or life of the pavement of any street resulting from placing one (1) inch thickness or more of new asphaltic or cementitious materials. (2) Newly surface scaled City Street Pavement shall not be cut or excavated for a period of three (3) years, subject to exceptions below. Newly surface sealed City Street Pavement is defined as any treatment that adds to the structural capacity, life of the pavement, or aesthetic value of any street resulting from applying less than one (1) inch thickness of asphaltic or cementitious materials overlaying, filling existing surface defects, or stabilizing base or subbase layers. (3) The City Engineer or his or her authorized representative may permit newly constructed, reconstructed, resurfaced, or surfaced sealed City Street Pavement to be cut or excavated prior to expiration of the respective Moratorium period above. The City Engineer or his or her authorized representative may approve or conditionally approve any such exception if one or more of the following cases are present: A. Emergencies which endanger life, property, or public health and safety. R. Restoration of essential utility service. C. Other situations deemed by the City Engineer or his or her authorized representative to be in the best interest of the general public. Exceptions made will require special restoration to mitigate the excavation which impacts the structural capacity, life of the pavement, or aesthetic value of any City Street Pavement. The City Engineer or his or her representative shall cause to be made available an accompanying set of details which mitigate the excavation or cuts. (d) Start of the Moratorium time period. The Moratorium shall begin on the date that the City accepts the newly constructed, reconstructed or resurfaced City Street Pavement, or newly surface sealed City Street Pavement, as documented by the City. Such records and documents shall be made available by the City upon request. (e) Notice of Moratorium to Utilities and Private Developers. The City shall provide notice of the Moratorium by making available a list of City Street Pavements that will be newly constructed, reconstructed, resurfaced, or surface sealed on the City O, dinon,:r. No NS %%N page 3 of e City Council 36 — 6 6/15/2021 brs 6/4/21 website to provide Utility Operators and prospective Private Developers time to arrange for excavation or street cuts prior to the noticed City Street Pavement that will be newly constructed, reconstructed, resurfaced, or surface sealed. (1) City Street Pavements that will be newly constructed, reconstructed, resurfaced, or surface sealed will be published on the City's website and made available for inspection in the Public Works Agency at least twelve (12) months prior to the beginning of such construction. (2) For Private Developers who have received conditions of approval from the Public Works Agency, it shall he the Private Developer's responsibility to be informed of any updated Moratorium locations that may impact their proposed development using the means described above- (f) Streets where Moratorium not in effect. Cuts or excavations performed on City Street Pavement not subject to this Moratorium shall be subject to the following requirements: (1) For new utilities' service laterals, the street opening limits shall comply with City of Santa Ana Standard Plans and policies for purposes of connecting the service lateral. Notwithstanding the foregoing, the lateral itself shall be bored, jacked or open -cut installed from the property line of the property being serviced. (2) All street openings, trenching, backfilling and resurfacing shall at all times comply with the City of Santa Ana Standard Plans, as specifically approved in writing by the City Engineer or his or her authorized representative. (3) All street openings shall be subject to the then -current street work permit requirements and fees. (g) Appeal. An applicant shall have the right to appeal any decision of the City Engineer or his or her authorized representative under Section 33-54 pursuant to the provisions of Chapter 3 of the Santa Ana Municipal Code. SECTION 3. The City Council finds and determines that this ordinance is not subject to CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it 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 it is not a "project," as defined in Section 15378 of the CEQA Guidelines. Or din.vu:r. No. NS %%N Page 4 of L City Council 36 — 7 6/15/2021 brs 6/4/21 SECTION 4. 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 [hereof irrespective of the fact that any one or more sections, subsections, sentence, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 5. This ordinance shall become effective thirty (30) days after its adoption. SECTION 6. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this day of 2021. Vicente Sarmiento Mayor /WAS USITI N IFIR WOZ Z61 "M A Sonia R. Carvalho, City Attorney By: Brandon Salvatierra Deputy City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers I�r.���:��y�•rr�.rmaair�rnr� Ord.' . "' r. No. NS %%N Page s of L City Council 36 — 8 6/15/2021 brs 6/4/21 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Or din.vu:r. No NS %%N Page G of L City Council 36 — 9 6/15/2021 Planning and Building Agency santa-ana.org/pb Item # 37 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report June 15, 2021 TOPIC: Zoning Ordinance Amendment (ZOA) No. 2021-01 — Light Processing (Recycling) Facilities AGENDA TITLE: Public. Hearing - Adoplion of an Ordinance Approving ZOA No. 2021-01 Amending Sections 41-472 and 41-472.5 of the Santa Ana Municipal Code (SAMC) to Require a Conditional Use Permit (CUP) for Light Processing Facilities in the Light Industrial (M-1) Zoning District. RECOMMENDED ACTION Adopt an ordinance approving ZOA No. 2021-01 to amend Sections 41-472 and 41-472.5 of the Santa Ana Municipal Code (SAMC) requiring a conditional use permit (CUP) for Light Processing Facilities in the Light Industrial (M-1) zoning district. DISCUSSION On January 19, 1988, the City Council adopted Ordinance NS-1946, adding Article XIV to Chapter 41 of the Santa Ana Municipal Code (SAMC) to regulate recycling facilities. The ordinance created a regulatory framework to define, allow, and regulate recycling facilities and related uses in Santa Ana, including: recycling facilities, collection facilities, and processing facilities. A subsequent ordinance, Ordinance NS-2333, was adopted on October 6, 1997 to update and bring the City's existing recycling facilities ordinance into conformance with State laws in place at the time. Recycling uses range from smaller drop-off (collection) facilities and reverse vending machines at the various commercial centers throughout Santa Ana, to processing facilities where recyclable materials are bailed, compacted, flattened, grinded and crushed, sorted, shredded, cleaned, and remanufactured. These more complex operations are defined as processing facilities, further broken down into two categories: Light and Heavy, and are permitted in Santa Ana's Industrial (M-1 and M-2) zoning districts. Processing facilities are defined in SAMC Section 41-1250 (d). As defined in the SAMC, a processing facility is a building or enclosed space used for the collection and processing City Council 37 — 1 6/15/2021 Zoning Ordinance Amendment (ZOA) No. 2021-01 — Light Processing (Recycling) Facilities June 15, 2021 Page 2 of recyclable materials. Pursuant to the SAMC, a light processing facility occupies an area of under forty-five thousand (45,000) square feet of gross collection, processing and storage area and has up to an average of two (2) outboard truck shipments per day. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source -separated recyclable materials and repairing of reusable materials sufficient to quality as a certified processing facility. Light processing facilities may not shred, compact, or bale ferrous metals other than food and beverage containers. Further, the SAMC states that a heavy processing facility is any processing facility other than a light processing facility. As presently written, the SAMC requires a CUP for heavy processing facilities, which are only permitted in the Heavy Industrial (M-2) zoning district. Section 41-1255 of the SAMC contains operational standards for all processing facilities, whether light or heavy, one of which is that such facilities may not abut a property zoned or used for residential purpose. However, due to the City's age, development patterns, and past zoning practices, there exist multiple areas of the City where Industrial (M-1 and M-2) zoning districts directly abut residentially -zoned or used properties, now identified as Environmental Justice Communities pursuant to California Senate Bill (SB) 1000. These Communities include: Delhi, Logan, Cornerstone Village, Lacy, French Park, Artesia Filar, Casa Bonita, and other residential properties near Harbor Mixed -Use Transit Corridor Specific Plan (SP-2), Santa Anita, and Mar -Les neighborhoods that are not part of an established Neighborhood Association. In these areas and under the current SAMC regulations, a light processing facility may operate just one property away from a residential land use, without any CUP requirement. Operations typical of light processing facilities, which include preparation of material for efficient shipment, or to an end -user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and re manufacturing, are known to have detrimental effects on surrounding properties due to the noise, odor, vibration, vermin infestation, visual, and traffic impacts caused by inbound and outbound truck movements. The absence of a CUP requirement does not allow the City to evaluate each submitted application for consistency with surrounding properties and neighborhoods, as well as the General Plan, to therefore recommend approval or denial of such applications subject to a discretionary review process. Moreover, the current by -right review prevents the Planning Commission and City Council from imposing conditions of approval to ensure compatible and unimpactful operations of such facilities with surrounding properties and neighborhoods. There currently exist 12 light processing facilities in the City. Of these, six are located in the Light Industrial (M-1) zoning district and five are operating without a Conditional Use Permit. Out of the 12 light processing facilities, 11 are within 1,000 feet of property zoned or used for residential purposes. The proposed SAMC amendment would ensure continued consistency of the Zoning Code's regulations with SAMC Section 41-1, which articulates the purpose of the City's Zoning Code. The absence of a Conditional Use City Council 37 — 2 6/15/2021 Zoning Ordinance Amendment (ZOA) No. 2021-01 — Light Processing (Recycling) Facilities June 15, 2021 Page 3 Permit requirement for light processing facilities is inconsistent with the goals expressed by SAMC Section 41-1, in that discretion by the Planning Commission and City Council may not be exercised to ensure that the location and operation of such facilities are compatible with the scale, character, and nature of surrounding properties and neighborhoods as specified in SAMC Sections 41-1 (a), (b), (e), and (f). Specifically, these include goals to accomplish the following: encourage the most appropriate use of land, conserve and stabilize property value, lessen congestion on streets and highways and promote the health, safety and the general welfare of the people, all as part of the Santa Ana General Plan. General Plan Consistency The amendments proposed by this Ordinance are consistent with numerous Goals and Policies of the existing General Plan. These include the following: 1. Land Use Element Goals 1 (Promote a balance of land uses to address basic community needs), 3 (Preserve and improve the character and integrity of neighborhoods), and 5 (Ensure that the impacts of development are mitigated); 2. Noise Element Goal 1 (Prevent significant increases in noise levels in the community and minimize the adverse effects of currently -existing noise sources); 3. Public Safety Element Goal 1 (Preserve a safe and secure environment for all Santa Ana residents and workers); and 4. Urban Design Element Goals 1 (Improve the physical appearance of the City through development of districts that project a sense of place, positive community image, and quality environment) and 2 (Improve the physical appearance of districts through development that is proportional and aesthetically related to its district setting). The City is in the process of comprehensively updating its General Plan. Proposed new or updated Elements or the General Plan include Lhe following. Community, Economic Prosperity, Noise, Safety, Land Use, and Urban Design. These proposed new or updated Elements contain draft policies that have been identified and thoroughly reviewed by members of the Santa Ana community through surveys, workshops, meetings, and public hearings. Consistent with SB 1000, the City is considering changes to its goals, policies, and actions to take into consideration the topic of environmental justice that will improve existing and future conditions for all of Santa Ana, with a focus on those in Santa Ana in greatest need of help and protection. These draft policies are intended to improve and maintain a high quality of life for residents, businesses, and visitors of Santa Ana and address deleterious land uses such as Processing Facilities, both Light and Heavy, in the City. Prior Urgency Ordinance and Planning Commission Recommendation Pursuant to Charter Section 415 of the Santa Ana Municipal Code and California Government Code Section 65858, the City Council is authorized to adopt an interim (urgency) ordinance, without following the procedures otherwise required for the adoption of an ordinance. On May 4, 2021, the City Council voted unanimously to adopt an urgency ordinance approving ZOA No. 2021-01. Concurrent with this effort, the Planning Division City Council 37 — 3 6/15/2021 Zoning Ordinance Amendment (ZOA) No. 2021-01 — Light Processing (Recycling) Facilities June 15, 2021 Page 4 has prepared the proposed permanent ordinance that requires Planning Commission review before reconsideration by the City Council. Upon adoption, the permanent ordinance would become effective 30 days after the City Council's second reading. To adopt a permanent ordinance, the City presented the ZOA for Planning Commission consideration at a special meeting on May 25, 2021. The Planning Commission recommended by a vote of 6.0:1 (Calderon absent) that the City Council approve ZOA No. 2021-01 and adopt the recommended ordinance. ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act ("CEQA") and the state CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to California Code of Regulations section 15061(b)(3), which is applicable if it can be seen with certainty that there is no possibility that the project may have a significant effect on the environment. As a result, a Notice of Exemption will be filed upon adoption of this ordinance. FISCAL IMPACT There is no direct fiscal impact associated with this action. However, adoption of this Ordinance would result in a CUP application requirement for light processing facilities. The current CUP application review fee is $6,150.89. EXHIBIT(S) 1. Ordinance 2. Map of Processing Facilities Operating in Santa Ana with Zoning Districts Indicated 3. Copy of Public Notice Submitted By: Minh Thai. Executive Director of Planning and Building Agency Approved By: Kristine Ridge, City Manager City Council 37 — 4 6/15/2021 jmf 6-15-21 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTIONS 41-472 AND 41- 472.5 OF THE SANTA ANA MUNICIPAL CODE TO REQUIRE A CONDITIONAL USE PERMIT FOR PROCESSING FACILITIES AS DEFINED IN SANTA ANA MUNICIPAL CODE SECTION 41-1250 THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows. A. On January 19, 1988, the City Council adopted Ordinance NS-1946, adding Article XIV to Chapter 41 of the Santa Ana Municipal Code (SAMC) to regulate recycling facilities. B. Ordinance NS-1946 established definitions, zoning, regulations, and operational standards for a variety of recycling -related uses, including recycling facilities, collection facilities, and processing facilities. C. On October 6, 1997, the City Council adopted Ordinance NS-2333, amending various sections of the SAMC regarding recycling regulations to update and bring the City's existing recycling facilities ordinance into conformance with State laws in place at the time. Ordinance NS-2333 remains in full effect. D. Pursuant to SAMC Section 41-1250 (d), a Processing Facility is a building or enclosed space used for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment, or to an end - user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and rem an ufactu ring. Such facilities are distinguished between Light Processing Facilities or Heavy Processing Facilities, as defined in SAMC Sections 41-1250 (d) (1) and 41-1250 (d) (2), respectively. E. A Light Processing Facility is permitted as a use in the Light Industrial (M- 1) and Heavy Industrial (M-2) zoning districts pursuant to Sections 41-472 (y) (3) and 41-489 of the SAMC, respectively, without the need for a conditional use permit. F. SAMC Section 41-1 (Purpose) articulates the purpose and intent of the City's Zoning Code, that because of the necessity of segregating the location of Ordinance No. NS-XXX Page 1 of 9 City Council 37 — 5 6/15/2021 jmf 6-15-21 residences, businesses, trades and industries; and regulating the use of buildings, structures, and land, and regulating the location, height, bulk, and size of buildings and structures, the size of yards and other open spaces; the city is divided into land - use districts of such number, shape and area as may be considered best suited to carry out these regulations and provide for their enforcement. The City's zoning regulations are considered necessary in order to: (a) encourage the most appropriate use of land: (b) conserve and stabilize property value, (c) provide adequate open spaces for light and air and to prevent and fight fires; (d) prevent the undue concentration of population, (e) lessen congestion on streets and highways, and (f) promote the health, safety and the general welfare of the people, all as part of the General Plan of the City. G. The absence of a Conditional Use Permit requirement for Light Processing Facilities is inconsistent with the goals expressed by SAMC Section 41-1 (Purpose) in that discretion by the Planning Commission and City Council cannot be exercised to ensure that the location and operation of such facilities are compatible with the scale, character, and nature of surrounding properties and neighborhoods as specified in SAMC Sections 41-1 (a), (b), (e), and (f). H. Heavy Processing Facilities are currently required to obtain approval of a Conditional Use Permit and are only permitted in the City's Heavy Industrial (M-2) zoning district, pursuant to SAMC Section 41-489.5. I. Due to the City's age, development patterns, and past zoning practices, there exist multiple areas of the City where Industrial (M-1 and M-2) zoning districts directly abut residentially -zoned or used properties, now identified as Environmental Justice Communities pursuant to California Senate Bill (SB) 1000. These Communities include the Delhi, Logan, Cornerstone Village, Lacy, French Park, Artesia Pilar, Casa Bonita, and other residential areas near Harbor Mixed -Use Transit Corridor Specific Plan (SP-2), and also the Santa Anita and Mar -Les neighborhoods that are not part of an established Neighborhood Association. J. There currently exist 12 Light Processing Facilities in the City. Of these, six are located in the Light Industrial (M-1) zoning district, five of which are operating without a Conditional Use Permit. Out of the 12 light processing facilities, 11 are within 1,000 feet of property zoned or used for residential purposes. K. Due to the nature of their operations, Light Processing Facilities often operate in outdoor settings, creating dust, noise, odor, and negative aesthetic impacts on surrounding properties and neighborhoods that generate calls for code enforcement and police services. Since 2010, the Code Enforcement Division has received and reviewed 48 complaints for such facilities. The nature of these complaints includes unpermitted storage and construction; sanitation, health, or safety concerns; operating beyond approved operations or operating standards Ordinance No. NS-XXX Pagc 2 of 9 City Council 37 — 6 6/15/2021 jmf 6-15-21 specified by the SAMC; outdoor business activity; debris, trash, and litter; graffiti; homeless encampments, and unpermitted or excess signage. L. The amendments proposed by this Ordinance are consistent with numerous Goals and Policies of the existing General Plan. These include- 1. Land Use Element Goals 1 (Promote a balance of land uses to address basic community needs), 3 (Preserve and improve the character and integrity of neighborhoods), and 5 (Ensure that the impacts of development are mitigated); 2. Noise Element: Goal 1 (Prevent significant increases in noise levels in the community and minimize the adverse effects of currently -existing noise sources). 3. Public Safety Element: Goal 1 (Preserve a safe and secure environment for all Santa Ana residents and workers); and 4. Urban Design Element Goals 1 (Improve the physical appearance of the City through development of districts that project a sense of place, positive community image, and quality environment) and 2 (Improve the physical appearance of districts through development that is proportional and aesthetically related to its district setting). M. The City is in the process of comprehensively updating its General Plan. Proposed new or updated Elements of the General Plan include Community, Economic Prosperity, Noise, Safety, Land Use, and Urban Design. These proposed new or updated Elements contain draft policies that have been identified and thoroughly reviewed by members of the Santa Ana community through surveys, workshops, meetings, and public hearings. Consistent with SIB 1000, the City is considering changes to its goals, policies, and actions to take into consideration the topic of environmental justice that will improve existing and future conditions for all of Santa Ana, with a focus on those in Santa Ana in greatest need of help and protection. These draft policies are intended to improve and maintain a high quality of life for residents, businesses, and visitors of Santa Ana and address deleterious land uses such as Processing Facilities, both Light and Heavy, in the City. N. If Light Processing Facilities remain a use permitted in the Industrial (M-1 and M-2) zoning districts without a conditional use permit, they will pose a serious threat to the public interest, health, safety and welfare for the following reasons: 1. Such uses may continue to locate in the City's Industrial zoning (M-1 and M- 2) districts without appropriate and thorough review by the City's Planning Commission and City Council. Such uses would remain subject to the City's administrative review process for administrative development projects, Ordinance No. NS-XXX Page 3 of 9 City Council 37 — 7 6/15/2021 jmf 6-15-21 pursuant to Article V, Division 3 of Chapter 41 of the SAMC. This administrative review process ensures consistency with adopted development standards and design guidelines, but (1) does not allow the City to evaluate each submitted application for consistency with surrounding properties and neighborhoods, as well as the General Plan, and to therefore recommend approval or denial of such applications subject to a discretionary review process, and (2) prevents the Planning Commission and City Council from imposing conditions of approval to ensure compatible and harmonious operations of such facilities with surrounding properties and neighborhoods. 2. Operations typical of Light Processing Facilities, which include preparation of material for efficient shipment, or to an end -user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing, are known to have detrimental effects on surrounding properties due to the noise, odor, vibration, vermin infestation, visual, and traffic impacts caused by inbound and outbound truck movements to and from such facilities. The absence of a Conditional Use Permit requirement for such facilities severely circumscribes the City's ability, through its administrative review process, to impose conditions on such operations that would otherwise protect the health, welfare, and safety of residents and visitors to properties abutting or in the vicinity of Light Processing Facilities. O. Prevention of detrimental impacts to residents, the public interest, health, safety and welfare requires the enactment of this Ordinance. The absence of this Ordinance will create a serious threat to the orderly and effective implementation of any code amendments, General Plan amendments or specific plan amendments which may be adopted by the City. Light Processing Facilities permitted by -right may be in conflict with or frustrate other provisions of the SAMC intended to guarantee or preserve the public peace, health, or safety. Moreover, permitting such facilities without requiring a Conditional Use Permit would create impacts on the public health, safety and welfare that the City Council, in adopting this ordinance, has found to be unacceptable. P. On May 4, 2021 the City Council unanimously adopted Urgency Ordinance No. NS-3004 amending sections 41-472 and 41-472.5 to the identical effect prescribed by this Ordinance, ZOA No. 2021-01. In accordance with California Government Code section 65858, Urgency Ordinance No. NS-3004 is an interim ordinance that remains effective for up to 45 days from the date of its adoption (subject to extension) to allow the Planning Commission further opportunity to study the matter. Q. On May 25, 2021 the Planning Commission held a duly noticed public hearing on ZOA No. 2021-01 and recommended by a vote of 6:0:1 (Calderon Ordinance No. NS-XXX Page 4 of 9 City Council 37 — 8 6/15/2021 jmf 6-15-21 absent) that the City Council approve ZOA No. 2021-01 and adopt the recommended ordinance. R. The Request for City Council Action for this ordinance dated June 15, 2021 and duly signed by the Executive Director of the Planning and Building Agency shall, by this reference, be incorporated herein, and together with this ordinance, any amendments or supplements, and oral testimony constitute the necessary findings for this ordinance. S. The City Council of the City of Santa Ana intends that nothing in this article shall be deemed to conflict with State or Federal law, nor to otherwise permit any activity that is prohibited under the California Beverage Container Recycling & Litter Reduction Act or other applicable law. Section 2. The City Council finds and determines that this ordinance 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 it 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 it is not a "project', as defined in Section 15378 of the CEQA Guidelines. Section 3. Section 41-472 of Article III, Division 18 of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read in full as follows. Sec. 41-472. - Uses permitted in the M1 district. The following uses are permitted in the M1 district: (a) The compounding, processing, or treatment of raw or previously treated materials into a finished or semi -finished product, excluding those uses specified in section 41-489.5. (b) The manufacture of products from raw or previously treated materials, excluding those uses specified in section 41-489.5. (c) The assembly of products from raw or previously treated materials, excluding those uses specified in section 41-489.5. (d) The packaging or distribution of previously prepared products or materials, excluding those uses specified in section 41-489.5. (e) Wholesale establishments where the primary trade is business to business sale of products, supplies, and equipment. (f) Storage of previously prepared goods, products or materials for eventual distribution or sales where the goods, products or materials are the property of the owner or operator of the building or structure. (g) Machine shop or other metal working shops. (h) Warehousing. (i) Impound yards (storage only) with no office or dispatching operations. Ordinance No. NS-XXX Page S of 9 City Council 37 — 9 6/15/2021 jmf 6-15-21 Q) Laundry and dry cleaning establishments in conjunction with plant operation for such establishment on the premises. (k) Eating establishments not specified in section 41-472.5. (1) Research laboratories that do not generate hazardous waste materials. (m)Service stations with no more than two thousand (2,000) square feet of the gross floor area devoted to non -automotive related product sales. (n) Truck, boat and heavy equipment sales, rental, and service. (o) Movie, photography, musical or video production studios. (p) Bulk products sales (twenty-five (25) cubic feet or greater) when such products are the primary sales activity- (q) Public utility structures. (r) Blueprinting, photoengraving, screen printing and other reproduction processes. (s) Wholesale nursery and plant storage. (t) Contractor's yard. (u) Automotive repair and service, including body and fender repair, painting, and engine replacement. (v) Home improvement warehouse store. (w)Sales of industrial products, supplies and equipment used for final product manufacture. (x) Lumberyard, including mill and sash work if conducted entirely within an enclosed building. (y) Recycling facilities riot in excess of forty-five thousand (45,000) gross square feet and in compliance with section 41-1253 of this Code including: (1) Small collection facilities. (2) Large collection facilities. (z) Adult entertainment businesses, subject to compliance with the requirements of article XVII of this chapter. (aa) Storage and distribution of hazardous materials. (bb) Passenger transportation services. Section 4. Section 41-472.5 of Article III, Division 18 of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read in full as follows: Sec. 41-472.5. - Uses subject to a conditional use permit in the M1 district. The following uses may be permitted in the M1 district subject to the issuance of a conditional use permit: (a) Principal industrial uses if occupying less than seventy (70) per cent of the gross floor area with the remainder of the floor area allocated to office use only. (b) Storage of new or used buildings or houses. (c) Child care facilities other than as permitted by section 41-472.1. Ordinance No. NS-XXX Page 6 of 9 City Council 37 — 10 6/15/2021 jmf 6-15-21 (d) Trade schools which provide instruction which requires the operation of heavy equipment or machinery normally associated with manufacturing operations such as woodworking or machine shops. (e) Kennels for the temporary care and lodging of dogs and other domesticated household animals. (f) Eating establishments permitted in section 41-472 which operate between 12:00 and 5:00 a.m. and which are within one hundred fifty (150) feet of a residential use. (g) Ealing establishments with drive -through window service. (h) Petroleum and gas storage- (i) Freight, bus and truck terminal. (j) Industrial medical clinics which offer medical services by referral only and do not offer overnight stays. (k) Administrative office use ancillary to a permitted industrial use occupying more than thirty (30) per cent of the gross floor area. (1) Light processing facilities and Hcavy processing �^^�, e5_ facilities. (m)Car wash facility. (n) Banquet facilities as an ancillary use to a restaurant or eating establishment, subject to development and operational standards set forth in section 41- 199.1. (o) Commercial storage not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway or within one thousand (1,000) feet of a freeway intersection. (p) Mini -warehouse uses; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use is proposed is not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway, or within one thousand (1,000) feet of a freeway intersection. (q) Recreational vehicle, vehicle and/or boat storage yard; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use is proposed is: not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway, or within one thousand (1,000) feet of a freeway intersection. (r) Data center uses; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use is proposed is: not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway, or within one thousand (1,000) feet of a freeway intersection. (s) Indoor sport facility, subject to development and operational standards set forth in section 41-482. Section 5. 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 Ordinance No. NS-XXX Page 7 of 9 City Council 37 — 11 6/15/2021 jmf 6-15-21 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 6. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this day of APPROVED AS TO FORM Sonia R. Carvalho, City Attorney By: 141. T�� hn M. Funk Sr. Assistant City Attorney /G\ =1103 Vicente Sarmiento Mayor Council members: NOES: Councilmembers' ABSTAIN. Council members: NOT PRESENT: Councilmembers: 2021. Ordinance No. NS-XXX Page 8 of 9 City Council 37 — 12 6/15/2021 jmf 6-15-21 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS-XXX Pago 9 of 9 City Council 37 — 13 6/15/2021 II H AV A, 1 N p r a � _ I � m 2 L; F fO +y ML FADDEN AV 4 r ®T A"j Bi VFTAAV CLARA I AV Processing Fac L-,...RNAVEN All + ST ST Ma,'w r :r oeib f i I ities 0 'A 1 Miles City Council 37 — 14 / Processing Facilities Zoning Map 1 of 6 m O t v r, i f ( 5 Star Fibers and Recycling Inc 3230 W Westminster Av Schools MAI Parks Zoning Classification M1 - I ight Industrial O-OpenSpace R1 - Single -Family Residence R2 - Two -Family Residence SPX;it) OUAO3 2 ( / i 22 � WESTMINISTER AV ( r i i n I j 49 0 0 101, pJuIIVu0V1 1 A&M Metals CO 2301 W Fifth St Schools Parks Zoning Classification C1 - Community Commercial C2 - General Commercial M1 - Light Industrial O - Open Space R1 - tiinglP-Family RPsidanre R2 - Two -Family Residence R3 - Multiple -Family Residence R4 - Suburban Apartment Processing Facilities Zoning Map 3 of 6 SA Recycling 2002 W Fifth St 49 pJVplllll�llll ,n iry Sr) 00j6(QQ IIY@Rdlopment l ,rig Ji�(e r Schools Parks Zoning Classification C2 - General Commercial C4 - Planned Shopping Center CS - ArLeridl Commerical CR - Commerical Residential M1 - I ight Industrial OpenSpace R1 - Single -Family Residence R2 - Two -Family Residence SD Qiji&G(bLm3Adlopmcnt Processing Facilities Zoning Map 4 of 6 Allan Co 2540 S Main St OC Recycling 3307 S Main St , I it Rli �pp ^r y7i2;'r1W„ramilVr<lAgf O<��Iryl�iTirditJW �'..' '� 'I 1 IiR��ViwV9W0.�1 r r tlj,�holkloiii���ldll�i��� �,n � ; i� ryry tl f1�I�f7JP` �� r � �j I Jill 9 , r �-`�rl.,�ll�f; �,'0/r ��viu :��imwmn,4Y,V4�� �, • 49 0 0 101, pJuIIVu0V1 n .' Processing Facilities Zoning Map 6 of 6 f llr�E/Q i � A F l ��� �imnr rn �I �� �rr�j OC Rec clin p III V , Jlli,ill, rsa Parks Schools Zoning Classification)t �V o Pii a iiV ui il�'�p� ,SFO Al - General A(Irindture CS - Arterial Commerical M1 - Light Industrial "�i i 0 250 1 00 ,'. 0 - Open Space SD akp,,&�r7- 31IllIDdAdlo mcnt mr1 §f-1.519`121 Y P � � r� � � ��i {. d r:" �S�fn M�pri M��r� s zuzi MAYOR Vicente Sarmicnto MAYOR PHO I EM David Penaloza COUNCILMEMBEKS Phil Bacerra Johnathan Hyan I larnandaz Jessie Lopez Nekil Mentl076 Thai Viet Phan CITY OF SANTA ANA Planning and Building Agency 20 Civic Center Plaza - P.O. Box 1088 Santa Ana, California 5)2702 wv✓lu.santa-ana.oro CITY MANAGER Kristine Ridge CI I Y Al I OHNEY Sonia R. Carvalho CLERK OF THE COUNCIL Daisy Gotnez NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF SANTA ANA, CA. The City of Santa Ana encourages the public to participate in the decision -making process. The following notice is being provided so that you can ask questions, make comments and stay informed about projects that might be important to you. We encourage you to contact us prior to the Public Hearing if you have any questions. NOTICE IS HEREBY GIVEN: The City of Santa Ana is proposing to modify Chapter 41 of the Santa Ana Municipal Code (SAMC) to require a conditional use permit (CUP) for light processing (recycling) facilities in the Light Industrial (M-1) zoning district. The proposal requires adoption of an ordinance amendment to Chapter 41 to enact tho code amendments to Sections 41-472 and 41-472.5 of the SAMC. Project Location: The proposed changes are Citywide. Project Applicant: City of Santa Ana. Proposed Proieet/Action: Approve ZOA No. 2021-01 to adopt an ordinance to amend Sections 41- 472 and 41-472.5 of the Santa Ana Municipal Code (SAMC) to require a conditional use permit (CUP) for Light Processing Facilities in the Light Industrial (M-1) zoning district. Environmental Impact: Pursuant to the California Environmental Quality Act ("CEQA") and the state CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to California Code of Regulations section 15061(b)(3), which is applicable if it can be seen with certainty that there is no possibility that the project may have a significant effect on the environment. As a result, a Notice of Exemption will be filed upon adoption of this ordinance. Meeting Time and Date: This matter will be heard on Tuesday, June 15, 2021 at 5:45 P.M. or thereafter in the City Council Chamber, 22 Civic Center Plaza, Santa Ana, California 92701. All interested persons can refer to the following link on the date of the meeting for more information and instruction for participating in the meeting https://www.santa-ana.org/cc/city-meetings. How To Make Comments: If you do not wish to participate in the virtual meeting but want to submit a comment, you may also send your written comments to the Clerk of the Council, by mail to City of Santa Ana, 20 Civic Center Plaza — M30, Santa Ana, CA 92701 or via e-mail to ecomments(a),santa-ana.org (reference "City Council meeting") by 12:00 p.m. on Monday, the day before the meeting; a -mails City Council SANTA ANA CITY PU- !Dtl1 6/15/2021 n..., P..- L-1 T - V., P -1... I . Rp r X...,...J.. A 1. ...... - Mal'�f Mavor Yro Lm Vvar[I] WaMI WaM3 WaM4 Wame Wam6 , ICGIa. wh reQae .6Ne, ale e fiJ.0 , .fi... � J dM.. received after said time will be on file for public viewing and posted on the city's website the day after the meeting. Who To Contact For Questions: Should you have any questions on the project, please contact Ali Pezeshkpour, Principal Planner, by phone at (714) 647-5882 or by email at APezeshkpour(a-),santa- anaorg. Where To Get More Information: All staff reports regarding any item on this agenda are available for public inspection in the Clerk of the Council Office during regular business hours and posted on the City's website the Friday before the Council meeting at: https://www.santa-ana.orci/cc/city-meetings. Si tiene preguntas en espanol, favor de Ilamar al (714) 647-6520. Neu can lien lac bang tieng Viet, xin Bien thoai cho Tony Lai so (714) 565-2627. If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council of the City of Santa Ana at, or prior to, the public hearing. Daisy Gomez, Clerk of the Council Publish Orange County Reporter - Legal Section, Date: June 4, 2021 City Council O.NJP,��.1...,. Mal'��r Mavor Yro i.m Vvar[I] , m4Da. wh reQae SANTA ANA CITY W3P2 T — VI.: P,....n� .:I ..q.:. P IP....,I WaMI WaM3 Waml .6Ner .ale e�fiJ.0 , .6J�. 6/15/2021 Wame WamR