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Home My WebLink AboutSPINELESS WONDERS0: 0iZCSNM". r-)L�)c�—, /�--2a21-6�9-o bA MAYOR Vicente Sarmiento MAYOR PRO TEM Phil Became COUNCILMEMBERS Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza David Penaloza Thai Viet Phan CITY OF SANTA ANA PARKS, RECEREATION & COMMUNITY SERVICES AGENCY 20 Civic Center Plaza . P.O. Box 1988 Santa Ana, California 92702 w .santa-ana.ora December 21, 2021 Mr. Kraig Anderson Spineless Wonders 12160 Scandia Trial North Scandia, Minnesota 55073 Email: kraig(i�soinelesswonders.com Re: Side Letter for Agreement # A-2021-089-03 Mr. Anderson: CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Daisy Gomez This Side Letter ("Letter) is prepared pursuant to Section lb of Agreement Number A-2021-089-03 ("Agreement") between the City of Santa Ana ("City") and you dated June 15, 2021 for temporary special exhibits as needed for the Santa Ana Zoo ("Zoo"). Pursuant to this side letter, you (doing business as Spineless Wonders)("S W ') shall construct, provide, and build a seasonal butterfly exhibit at the Zoo as described in more detail in this Letter. SCOPE OF SERVICES Buttery Exhibit SW will build a butterfly exhibit adjacent to the Santa Ana Zoo rental area (described in the Agreement) and more specifically identified in the attached Exhibit A. The location of the exhibit is subject to change upon mutual agreement in writing by the Parties. The exact date of the installation shall be subject to mutual agreement in writing between the Parties. Butterfly exhibit shall be a 36' x 72'temporary structure with a total square footage of 2592 square feet (includes actual structure, vestibules, timber foundation, coverings [shade and stainless steel mesh] doors. Door closures, zip track, etc). Butterfly exhibit shall also include internal components such as plants, soil, tamped hard pathway, drip irrigation, mulch, etc. Attached as Exhibit B is a photo representation of a "typical installation" of a SW exhibit as described in this Side Letter. All structural drawings will be submitted to City's Building and Planning division for review and approval prior to construction. The Butterfly Exhibit shall meet or exceed all applicable building codes. Additional structure changes deemed necessary by building officials, beyond engineered drawings, will be charged to City at cost (i.e. welding, cement feet, etc.) SW will work with Zoo to create the best layout design for walkways and planting beds for animal wellbeing and visitor flow, this includes the visitor staging area. Side Letter with Spineless Wonders Agreement A- 2021-089-03 Page 2 City will provide the following for Butterfly Exhibit at no cost to SW: (1) nectar and fruit for butterflies; (2)graphics/signage (including required USDA signage); (3) deep freezer; (4) staff to run the Butterfly Exhibit and provide light maintenance (trimming plants, maintaining path, removing butterflies, etc); (5) flat level pad for Exhibit; (6) one (1) inch water line for Exhibit; (7) electricity consisting of 20 amp circuit within 10' of the Exhibit site. Upon completion of the construction of the Butterfly Exhibit and 45-day SW onsite payment listed below, City will own Butterfly Exhibit. Pupal Emergence Room SW shall construct a Pupal Emergence Room, in a style approved by the United States Department of Agriculture ("USDA"). This shall be a small room that stands along the independent pathway for the emergence of the pupae. Attached as Exhibit C is a photo representation of a "typical installation" of a Pupal Emergence Room. Butterfly Supply SW will supply City with the butterfly species approved as part of the City's USDA permit. Species are available due to seasonality. SW will supply shipment of 300/pupae per week for 17 weeks starting as indicated in the payment schedule below. Additional weeks are available for $1,374.00 per week. USDA Permit Assistance SW will assist City and Zoo with USDA permit process to the extent desired by City or Zoo, up to and including applying for permit on behalf of City or Zoo. Customer Service SW representatives will be available for questions and concerns 24 hours a day/ seven days a week Contact information for SW Representatives has been provided to the Zoo. Staff and Docent Training Agreement includes one training day and SW will provide a training manual. Training session dates and times will be agreed upon in writing between SW and Zoo. Additional training will occur as agreed upon between SW and Zoo. COMPENSATION The total cost of the special exhibit shall be three hundred and seventy-seven, eight hundred and eight dollars ($377,808.00) plus a ten percent (10%) contingency of thirty-seven thousand seven hundred and eight dollars and zero cents ($37,780.00) to be used at the sole discretion of the City for unanticipated items that may come up during installation or operation of the special exhibit. All expenses incurred using the contingency will be documented in writing prior to work being complete. Said documentation shall include the nature of the service, duration for completion of the service and cost. The total amount authorized pursuant to this side letter is $415,588.00. The exhibit will run for seventeen (17) weeks from approximately April 2022 to July 2022. Specific dates will be determined by mutual agreement of City and SW. The cost of the special exhibit has increased from the initial cost proposal as a result of a significant increase in the square footage of the structure requested by City. The original proposal contemplated SANTA ANA CITY COUNCIL Vicente Sanniento Phil Bacerra Thai Viet Phan Oavid Penaloza Jessie Lopez JohnaNan Ryan Hernandez Nelida Mend[ Mayor Mayor Pro Tern Ward Wand Ward Ward We'd5 Ward Vsmmienlotasanb-ana om obariare,alsanta-ananm taMnni,ree-ana am doenab.4tanta-anaoal sieloaez(,eirla-ana.om anhemandimAnioi,inaom nmendozaAsana- Side Letter with Spineless Wonders Agreement A- 2021-089-03 Page 3 that the special exhibit structure to house the butterflies would be 1440 square feet. The Parties have agreed instead to a special exhibit structure of 2592 square feet. Total compensation includes hotel and travel for up to forty-five (45) days onsite. SW will be responsible for any extra travel or hotel costs beyond 45 days or not included in the total compensation. Payment Schedule Payment for services and scope of service milestones performed pursuant to this Letter will be paid as outlined below: Date Title Amount of Payment Description December 31, 2021 Upon Signature of $149,950.00 Starts consulting/labor, Contract building manufacturing, pupae room construction, ordering of entrance/exit doors, zoo mesh and shade cloth January 15, 2022 30 days Prior to $135,950.00 Assuming arrival date Arrival of February 15, 2022; Completes building, manufacturing, shipping of components, flights, vehicle rental, portion of travel, VRBO payment, consulting/labor, shipping tools/equipment March 30, 2022 45 Days After SW $72,550.00 Additional component Onsite shipping, consulting/labor, plants, soil, mulch, irrigation, pathway material, equipment rental April 15, 2022 Opening to the Public First butterfly shipment arrives two weeks before opening to the Public to allow onsite butterfly emergence June 10, 2022 Half Way Through $19,358.00 Pay off butterfly Exhibit Run supply for 17 weeks. SANTA ANA CITY COUNCIL Vicente Sorensen, PhA Bacerra Thal Viet Phan BaOd Penaloza Mayor Mayor Pm Tem, WaM J Ward Wahl en1oN15anra-anaom PUgg aaldsanla-anaom lohan@santa-anaom d,enaluza(dsania-ananm Jessie Lopez JohnaMan Ryan Hemandez Nelirla Merac Word Wares WaN6 sislooezlosanle-ananm rvanhemantlezaasanraanaom nmenaoemisanta Side Letter with Spineless Wonders Agreement A- 2021-089-03 Page 4 July 30, 2022 Last butterfly shipment from SW All terms and conditions of the Agreement not supplemented by this Letter, remain unchanged and in full force and effect. Sincerely, D ,� isa Rudloff Executive Director, Parks, Recreation & Community Services Agency APPROVED AS TO FORM Sonia R. Carvalho City Attorney jn� �Q'AnnQ }'S,��ItA MI Laura A. Rossini Chief Assistant City Attorney CONSULTANT SANTA ANA CITY COUNCIL Vicente sarmiento Phll Bacena That Vet Phan OaNd Panalou Mayor Mayor Pm Tam, Ward 4 Ward Ward2 �annroanncOsarna-araoom obacenaa(dsanta-anaom lohanfolsanta-anaor dronal.aaanla-anaom Jessie Lopez Johnathan Ryan Hernandez Nelida Mendc Ward Ward Wahl6 iessieloo,,A.anla-an. .coo nanhemandezA..nta-ana no meod..A.anta Exhibit A lm� first by E First St Exhibit B � -. `��. •. i ,'.3, 9