HomeMy WebLinkAboutItem 19 - Agreement with DTSA Services Downtown Santa Ana Clean & Safe Program Community Development Agency
santa-ana.org/community-development
Item # 19
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 21, 2023
TOPIC: Agreement with DTSA Services Downtown Santa Ana Clean & Safe Program
AGENDA TITLE:
Agreement with DTSA Services for Downtown Santa Ana Clean & Safe Program
RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with DTSA Services for the
Downtown Santa Ana Clean & Safe Program, for a total agreement amount not to
exceed $5,098,307, which includes a 10-percent contingency, for a three-year term
beginning March 1, 2023 and expiring February 29, 2026 with an option for one two-
year extension, subject to non-substantive changes approved by the City Manager and
City Attorney.
DISCUSSION
Downtown Santa Ana is the urban center, county seat, and heart of Orange County.
With its rich culture and history, it is the perfect environment for retail, restaurants, and
an attractive destination for regional visitors and local residents. Downtown Santa Ana
is home to over 600 businesses, approximately 3,000 residents, over 90 historic
properties, and over 1,000 visitors daily. An integral part of offering a desirable
Downtown to guests, residents, and businesses is by ensuring that the area is clean
and safe. Due to the combination of increased businesses, residents, and visitors in the
historic area, there is a greater need to require cleaning, maintenance, and special
event adaptations.
Due to the recent disestablishment of the Business Improvement District, the City
terminated the agreement with Downtown Inc. for Clean and Safe services. On
December 7, 2022, in response to the continued need for clean and safe services, the
Community Development Agency released a Request for Proposals (RFP) for clean and
safe services in the downtown (Exhibit 1). The procurement and terms of the agreement
were guided by the City’s Purchasing Division and emulated the same process followed
by both Parks and Recreation and Public Works Agency for their past maintenance
contracts.
Requirements of the RFP included: litter maintenance, special events clean-up, power
washing, daily cleaning of City infrastructure (bollards, light posts, benches), cleaning
Agreement with DTSA Services Downtown Santa Ana Clean & Safe Program
February 21, 2023
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and maintenance of parklets, alley cleaning, bus stop cleaning, street closure
equipment set-up and breakdown, and security guard procurement and oversight.
Seven proposals were received in response to the RFP. The proposals were evaluated
by a rating committee comprised of five representatives from the following departments:
Public Works, Community Development, and Parks and Recreation. The evaluations
were based on several criteria including: responsiveness to RFP, experience of firm and
personnel, reasonableness of cost, bonus points for experience in Santa Ana, and
references. The maximum score was 110 points. Table 1 below provides the ranking of
each proposal.
Table 1
Rank Proposer Scores
1 DTSA Services 103
2 Superior Property Services, Inc.88
3 Swayzer Corporation 87
4 Universal Building Maintenance, LLC 84
5 DMS Facility Services 81
6 Priority Building Services, LLC 72
7 Citiguard Inc. 25
The evaluation committee determined that DTSA Services was the top proposer and
received the highest overall ranking as a result of their proposal and oral
interview/presentation.
DTSA Services presented the best and most qualified proposal and diligently addressed
their proposed operations, staffing plan, equipment, and ambassadors program. DTSA
Services also provided several valuable suggestions to accommodate the growing
needs of Downtown Santa Ana and had a reasonable cost for the services. DTSA
Services has been in business since 2014 and have in-depth familiarity with Downtown
Santa Ana as they were the current provider of clean and safe services for the
downtown since 2015.
Some highlights of the value-added service with DTSA Services include: a) an office in
Downtown Santa Ana, b) secured storage for equipment within Downtown, c) provide a
5-minute response time for businesses, d) serve as visitor ambassadors, and e) have a
competent staff that live in Santa Ana. DTSA Services focuses on customer service and
will enhance cleaning services to include power washing, maintenance, and overall
pleasant experience for all visitors (Exhibit 2).
FISCAL IMPACT
The current fiscal year funding is available in the FY 2022-23 budget and future fiscal
year funding will be included in the proposed budgets for City Council consideration.
Agreement with DTSA Services Downtown Santa Ana Clean & Safe Program
February 21, 2023
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Fiscal
Year
Accounting Unit-
Account #
Fund
Description
Accounting Unit,
Account Description Amount
FY 22-23
(Mar-Jun)02718133-62300 Downtown
Enhancement
Downtown
Enhancements
Contract Services
$182,671
ARPA
FY 22-23
(Mar-Jun)
18118013-62300 Revive Santa
Ana Program
Revive Santa Ana
Program $71,429
FY 23-24
(Jul-Jun)02718133-62300 Downtown
Enhancement
Downtown
Enhancements
Contract Services
$629,249
ARPA
FY 23-24
(Jul-Jun)
18118013-62300 Revive Santa
Ana Program
Revive Santa Ana
Program $214,286
FY 24-25
(Jul-Jun)02718133-62300 Downtown
Enhancement
Downtown
Enhancements
Contract Services
$808,486
ARPA
FY 24-25
(Jul-Jun)
18118013-62300 Revive Santa
Ana Program
Revive Santa Ana
Program $214,286
FY 25-26
(Jul-Jun)02718133-62300 Downtown
Enhancement
Downtown
Enhancements
Contract Services
$1,073,910
FY 26-27
(Jul-Jun)02718133-62300 Downtown
Enhancement
Downtown
Enhancements
Contract Services
$1,127,606
FY 27-28
(Jul-Feb)02718133-62300 Downtown
Enhancement
Downtown
Enhancements
Contract Services
$776,384
Total $5,098,307
EXHIBIT(S)
1. Request For Proposal
2. Agreement
Submitted By: Michael L. Garcia, Executive Director of Community Development
Approved By: Kristine Ridge, City Manager
1
REQUEST FOR PROPOSALS (RFP) NO. 22-168
FOR
DOWNTOWN SANTA ANA CLEAN & SAFE TEAM
CITY OF SANTA ANA
KEY RFP DATES: The schedule below is tentative and subject to change at the
discretion of City, with appropriate notice to prospective Proposers.
Issue Date: Wednesday, December 7, 2022
Pre-Proposal Meeting & Job Walk: Tuesday, December 20, 2022, 10:00 AM
Deadline for Questions: Wednesday, December 21, 2022, 4:00 PM
Proposal Due Date: Tuesday, January 10, 2022, 4:00 PM
City Council Meeting: Tuesday, February 21, 2022
Contract Start: On or about March 1, 2022
EXHIBIT 1
CITY OF SANTA ANA
2
TABLE OF CONTENTS
I. BACKGROUND ........................................................................................................................... 3
II. PRE-PROPOSAL MEETING AND JOB WALK ............................................................................ 3
III. OVERVIEW OF PROJECT .......................................................................................................... 3
IV. SCOPE OF SERVICES ............................................................................................................... 3
V. TERM OF AGREEMENT ............................................................................................................. 4
VI. MINIMUM QUALIFICATIONS ...................................................................................................... 4
VII. RESPONSE TO RFP .................................................................................................................. 4
VIII. CERTIFICATIONS (ATTACHMENTS) ......................................................................................... 8
IX. REFERENCES ............................................................................................................................ 8
X. SELECTION PROCEDURES & CRITERIA ............................................................................... 11
XI. WITHDRAWALS........................................................................................................................ 12
XII. GENERAL TERMS AND CONDITIONS .................................................................................... 12
XIII. AWARD OF AGREEMENT ........................................................................................................ 17
XIV. IMPLEMENTATION ................................................................................................................... 17
EXHIBITS
(Exhibits provided herein for Proposers’ reference only.)
EXHIBIT I – SCOPE OF SERVICES
EXHIBIT II – SAMPLE BUDGET
EXHIBIT III – SAMPLE AGREEMENT
EXHIBIT IV – FEDERAL REGULATIONS
ATTACHMENTS
(Attachments must be signed and included with the proposal.)
A PROPOSER’S CERTIFICATION, PROPOSAL ITEM PRICING
B REFERENCES
C PROPOSER’S STATEMENT
D NON-COLLUSION AFFIDAVIT
E NON-LOBBYING CERTIFICATION
F NON-DISCRIMINATION CERTIFICATION
EXHIBIT 1
CITY OF SANTA ANA
RFP No. 22-168 Downtown Santa Ana Clean & Safe Team 3
I. BACKGROUND
Incorporated in 1886, Santa Ana, a Charter City, established a Council-Manager form of
government in 1952. The City Council is composed of seven members; the Mayor elected at
large and six Council members elected by ward, who appoint the City Manager, City Attorney
and Clerk of the Council. The City of Santa Ana (City) is a full -service City with a diverse
population of approximately 335,000.
The City’s eleven agencies provide all the traditional municipal services, as well as water utility,
library system, 20-acre zoo, City Jail, Police Department, and contracts with the Orange County
Fire Authority for provision of fire services. The City employs 1,178 authorized full-time positions
and has an annual citywide budget is $646 million, including the General Fund budget of $316
million.
The City of Santa Ana is located 10 miles inland from the Pacific Ocean, 33 miles southeast of
Los Angeles and 90 miles north of San Diego. The City, which is the county seat of Orange
County, encompasses an area of approximately 27 square miles and is the 11th largest by
population in California.
II. PRE-PROPOSAL MEETING AND JOB WALK
An optional pre-proposal meeting will be held on the date and time specified on the cover page
of this RFP.
Location of meeting: Corner of 4th Street and French Street
Santa Ana, CA 92701
Note: A nearby parking structure is available at 300 E. 5th Street, Santa Ana, CA 92701.
Parking is free on Monday through Friday from 7:00 AM – 5:00 PM. The City is not responsible
nor shall it reimburse proposers for any fees associated with parking.
III. OVERVIEW OF PROJECT
The City of Santa Ana (City) is seeking proposals from qualified contractors (Proposers) to provide
a variety of cleaning/janitorial and security oversight services for Downtown Santa Ana as
described in Section IV Scope of Services.
The term “Vendor”, “Proposer”, and “Contractor” shall refer to any legal entity or entities
submitting a proposal in response to this Request for Proposals (RFP).
IV. SCOPE OF SERVICES
SEE EXHIBIT 1 – SCOPE OF SERVICES
Usage is not guaranteed. Execution of an agreement between the City and successful firm(s)
and/or individual(s) does not guarantee work throughout the duration of the contract period.
Numerous factors will be evaluated by the City in its delivery of project and assignments,
including technical expertise required.
EXHIBIT 1
CITY OF SANTA ANA
RFP No. 22-168 Downtown Santa Ana Clean & Safe Team 4
V. TERM OF AGREEMENT
The anticipated term of the agreement is for an initial period of five (5) years with a start date of
March 1, 2023. The City may, at its discretion, extend the agreement with the same or more
limited scope of required services for one additional two-year period, upon mutual agreement
contingent upon City Council approval, or City Manager or City Attorney authorization, as
appropriate. The total term of the awarded agreement shall not exceed seven (7) years.
VI. MINIMUM QUALIFICATIONS
SEE EXHIBIT I – SCOPE OF SERVICES
VII. RESPONSE TO RFP
A. SUBMITTAL INSTRUCTIONS
It is the responsibility of the Proposer to ensure that any proposals submitted have been
uploaded to PlanetBids prior to the RFP due date and time. Proposals, including all required
sections and forms, shall be submitted electronically via the City’s Bid Management System,
PlanetBids. No other form of submittal will be accepted.
PlanetBids will not accept late proposals and no exceptions shall be made. Proposers will
receive an e-bid confirmation number with a time stamp from PlanetBids indicating that their
proposal was submitted successfully. The City will only receive and consider those proposals
that were transmitted successfully. Submit proposal online at:
http://www.planetbids.com/portal/portal.cfm?CompanyID=20137.
Proposer shall be solely responsible for informing itself with respect to the proper utilization
of the bid management system, for ensuring the capability of their computer system to upload
the required documents, and for the stability of their internet service. Failure of the Proposer
to successfully submit an electronic proposal shall be at the Proposer’s sole risk and no relief
will be given for late and/or improperly submitted proposals. Proposers experiencing any
technical difficulties with the bid submission process may contact PlanetBids at (818) 992-
1771. Questions of an operational nature may be directed to the City’s assigned Buyer.
Neither the City, nor PlanetBids, makes any guarantee as to the timely availability of
assistance, or assurance that any given problem will be resolved by the bid submission
deadline.
In addition to the above electronic submission instructions, one USB flash drive containing a
copy of the complete proposal packet and five (5) hard copies must also be submitted. Please
see paper submission instructions at Section VI RESPONSE TO RFP, F Proposal Contents,
No.3 Number of Proposal Copies and Signature.
Proposals shall NOT be sent via telegraphic, electronic, or facsimile means.
All notifications, updates and addenda will be posted online on PlanetBids at
https://www.planetbids.com/portal/portal.cfm?CompanyID=20137. Proposers shall be
responsible for monitoring the site to obtain information regarding this solicitation. Failure to
respond to required updates may result in a determination of a nonresponsive proposal.
EXHIBIT 1
CITY OF SANTA ANA
RFP No. 22-168 Downtown Santa Ana Clean & Safe Team 5
B. COMMUNICATION / CONTACT WITH CITY STAFF
Unless otherwise authorized herein, Proposers who are considering submitting a proposal in
response to this RFP, or who submit a proposal in response to this RFP, are only to
communicate with the assigned Project Coordinator(s), and no other City staff about this RFP
from the date this RFP is issued until a contract is awarded. The City will provide all official
communication concerning this RFP in writing via the City’s Bid Management System,
PlanetBids.
The City will not be responsible for or bound by any oral communication or any other
information or contact that occurs outside the official communication process specified
herein, unless confirmed in writing by the designated Project Manager(s).
C. REQUEST FOR INFORMATION OR CLARIFICATION / QUESTIONS
Questions regarding this RFP shall be submitted via PlanetBids. Responses to all questions
will be posted on PlanetBids no later than the date and time shown at the schedule of key
RFP dates on the cover page of this RFP. All prospective Proposers are advised to visit
PlanetBids on a regular basis as responses may be posted earlier than the date above (if
applicable). No verbal requests or responses will be accepted. Significant interpretations or
clarifications will be addressed via addenda to this RFP.
Requests submitted for City’s consideration of proposed terms and conditions, including
modifications to the City’s RFP and/or Contract terms and conditions must be submitted by
the deadline for questions. Such requests should include an attachment in Word or PDF
format on formal company letterhead that shows the requested modifications.
Significant interpretations or clarifications and responses to questions received by the
deadline will be addressed via addenda to this RFP, which will be released and posted on
PlanetBids under the “Addenda/Emails” tab.
General process questions may be directed to the following:
Megan Ornelas
Buyer
mornelas@santa-ana.org
D. ADDENDA
Any changes in RFP from the date of release to date of submittal will result in an addendum
or amendment. Notification of such addendum or amendment shall be posted on City’s
PlanetBids system, https://www.planetbids.com/portal/portal.cfm?CompanyID=20137.
Proposers shall be responsible for monitoring the site to obtain information regarding this
solicitation.
E. UNDERSTANDING PROPOSAL
It is the responsibility of each Proposer to inquire about any criteria, condition, term, provision,
or requirement of the RFP that the Proposer does not understand. Responses to inquiries,
if they significantly change or clarify the RFP requirements or any aspect of the procurement
process, will be forwarded by addenda to all Proposers. The City will not be bound by any
oral responses to inquiries. By submitting proposals, Proposers assert that they have fully
read the RFP and any addenda issued by the City, the proposed Contract and any other
Contract Documents, and affirm that the terms and conditions stated therein are fully
understood and are acceptable to the Proposer. Each Proposer accepts the terms and
conditions of the Contract Documents and indicates their ability and willingness to perform
EXHIBIT 1
CITY OF SANTA ANA
RFP No. 22-168 Downtown Santa Ana Clean & Safe Team 6
the requested services under such terms and conditions. Any exceptions to the terms and
conditions set forth in the Contract Document shall be submitted to the City by the deadline
to submit requests for information or clarification/questions set forth herein.
F. PROPOSAL CONTENTS
Proposals are to be prepared in such a way as to provide a straightforward, concise
delineation of capabilities to satisfy the requirements of this RFP. Colored displays,
promotional materials, photographs etc., are not necessary or desired. Emphasis should be
concentrated on conformance to RFP instructions, responsiveness to the RFP requirements,
and on completeness and clarity of content. Digital dividers and clear organization of content
and material are encouraged.
All proposal submissions shall be on 8-1/2” x 11” white paper.
1. Statement of Qualifications (SOQ)
SOQ must include a Table of Contents and be limited to a maximum of 10 pages
(excluding section dividers and exhibits). The page limitation includes all appendices,
attachments, and supplemental information. Additionally, SOQ must include the
following:
a. Cover Letter
Proposals shall include a letter signed by a principal or authorized representative who
can make legally binding commitments for the entity. Include type of business entity.
Cover Letter shall not exceed one page.
Cover letter must be addressed to the following City Project Manager:
Julie Castro, Economic Development Specialist II
City of Santa Ana – Department
20 Civic Center Plaza
Santa Ana, CA 92701
b. Services Provided
A description of proposed services to be provided and how they meet the needs of the
City as described in Section III – Scope of Services (and see Exhibit I – Scope of
Services) (Above).
c. Agreement Statement
Proposal shall include a statement outlining your concurrence or concerns with any
and all provisions as contained in EXHIBIT III – Sample Agreement of this RFP (if
any).
d. Firm and Team Experience
Proposal shall include a profile of the firm’s experience including the following:
i. A general description of the firm, including size and number of employees
working directly with the City on this agreement.
ii. Firm’s nearest address serving the City of Santa Ana and headquarters
address.
iii. Name and contact information of the supervising Project Manager/Principal
Agent, to be assigned to the agreement. The Project Manager/Principal
EXHIBIT 1
CITY OF SANTA ANA
RFP No. 22-168 Downtown Santa Ana Clean & Safe Team 7
Agent shall be the primary contact person to represent your f irm and will be
the person to conduct the presentation, if invited to an interview.
e. Proposed Work Plan
Proposal shall include a statement demonstrating the firm’s understanding of the
Scope of Services.
Additionally, proposed work plan shall include Proposers’:
i. Anticipated approach to performing services as specified herein;
ii. Suggestions or special concerns the evaluation committee should take into
consideration (if any);
iii. Description of deliverables and implementation plan. Proposer shall submit a
general description of the deliverables, implementation plan, and timeline.
f. Criteria: three (3) pages maximum, 1.5 spaced, Times New Roman, 11 pt. font, one
inch margins.
g. References: Attachment B – References shall be submitted for similar projects
performed for state and/or similar government clients.
2. Cost Proposal
All Proposers are required to submit a fixed rate fee with their Cost Proposal. Pricing
instructions should be clearly defined to ensure fees proposed can be compared and
evaluated. Cost Proposal must include a payment schedule if applicable. City reserves
the right to negotiate compensation and/or payment schedule prior to award of any
resulting agreement.
The City shall not provide reimbursement for travel-related expenses, mileage, parking,
lodging, meals, incidental fees, insurance, freight/shipping and handling/delivery, and any
other business expenses, supplies and materials related to providing services as
specified herein. Additional costs will not be considered and will not be reimbursed by the
City, therefore, such costs must be absorbed in Proposer’s cost proposal fee structure
Proposals shall be valid for a minimum of one hundred eighty (180) days following
Proposal deadline. The cost for developing the Proposal is the sole responsibility of the
Proposer. All Proposals submitted become property of the City.
See Exhibit II – Sample Budget
3. Number of Proposal Copies and Signature
In addition to the online submittal of proposals by the deadline specified on the cover
page of this RFP, one USB flash drive containing a copy of the complete proposal packet
five (5) hard copies of Respondent’s proposal shall be signed by a company official with
the authority to bind the company and mailed or delivered in a sealed envelope or box to
the City’s Project Manager listed above under Section F. Proposal Contents, at No. 1
Statement of Qualifications (SOQ), a. Cover Letter (addressed to attention of Project
EXHIBIT 1
CITY OF SANTA ANA
RFP No. 22-168 Downtown Santa Ana Clean & Safe Team 8
Manager) Additionally, one (1) copy of your Cost Proposal must be submitted
electronically to PlanetBids (see Section A – Submittal Instructions).
Sealed envelope or box with proposal documents shall be clearly labeled as
follows:
RFP 22-168 Downtown Santa Ana Clean & Safe Team
NOTE: Electronic, paper/hard copies, and USB flash drive must all be submitted
to the City as specified above by the deadline to submit proposals. No exceptions
shall be made.
VIII. CERTIFICATIONS (ATTACHMENTS)
In addition to the SOQ, Narrative/Technical Proposal, and Cost Proposal, the following forms,
included in this RFP, shall be signed and included as part of the proposal submittal package:
• Attachment A: Proposer’s Certification and Proposal Item Pricing
• Attachment B: References
• Attachment C: Proposer’s Statement
• Attachment D: Non-Collusion Affidavit
• Attachment E: Non-Lobbying Certification
• Attachment F: Non-Discrimination Certification
The proposal must be completely responsive to the RFP. Incomplete proposals will be deemed
as nonresponsive and will be rejected. The City reserves the right to reject any or all proposals
submitted and no representation is made hereby that any commitment will be awarded pursuant
to this RFP or otherwise.
PLEASE NOTE: City will not be waive notarization requirement when applicable on any
of the required attachments.
IX. REFERENCES
Contractor shall provide three (3) references from other similar public agencies for which services
similar to those specified in this RFP have been performed, including contact names and
telephone numbers. Use ATTACHMENT B – References. The respondent grants permission
for the City to contact any individuals listed as references.
City may disqualify a Proposer if:
• References fail to substantiate Proposer’s description of services and
deliverables provided; or
• References fail to support that Proposer has a continuing pattern of providing
capable, productive, and skilled personnel, or
• City is unable to reach the point of contact with reasonable effort. It is the
Proposer’s responsibility to inform the point of contact(s) of normal City working
hours.
EXHIBIT 1
CITY OF SANTA ANA
RFP No. 22-168 Downtown Santa Ana Clean & Safe Team 9
The selected Proposer shall provide the required evidence of insurance coverage as set forth in
the standard agreement within ten (10) business days after receipt of Notice of Intent to Award.
Contractor must maintain, for the duration of its contract, insurance coverages as required by the
City.
Additionally, Contractor shall provide the following insurance coverage:
Coverage shall be at least as broad as:
• Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering
CGL on an “occurrence” basis, including products and completed operations, property
damage, bodily injury and personal & advertising injury with limits no less than $1,000,000
per occurrence. If a general aggregate limit applies, either the general aggregate limit shall
apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate
limit shall be twice the required occurrence limit.
• Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if
Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with
limit no less than $1,000,000 per accident for bodily injury and property damage.
• 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.
• Professional Liability (Errors and Omissions) Insurance appropriates to
the Consultant’s profession, with limit no less than $1,000,000 per
occurrence or claim, $2,000,000 aggregate.
If the Contractor maintains broader coverage and/or higher limits than the minimums shown
above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits
maintained by the contractor. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the Entity.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The Entity, its officers, officials, employees, and volunteers are to be covered as additional
insureds on the CGL policy with respect to liability arising out of work or operations performed by
or on behalf of the Contractor 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 Contractor’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).
Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary
coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials,
employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers,
officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not
contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except
with notice to the Entity.
EXHIBIT 1
CITY OF SANTA ANA
RFP No. 22-168 Downtown Santa Ana Clean & Safe Team 10
Waiver of Subrogation
Contractor hereby grants to Entity a waiver of any right to subrogation which any insurer of said
Contractor may acquire against the Entity by virtue of the payment of any loss under such
insurance. Contractor 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.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the Entity. The Entity may require
the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses
and related investigations, claim administration, and defense expenses within the retention. The
policy language shall provide, or be endorsed to provide, that the self-insured retention may be
satisfied by either the named insured or Entity.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current
A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Entity.
Claims Made Policies (note – should be applicable only to professional liability, see below)
If any of the required policies provide claims-made coverage:
1. The Retroactive Date must be shown, and must be before the date of the contract or the
beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five
(5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy
form with a Retroactive Date prior to the contract effective date, the Contractor must
purchase “extended reporting” coverage for a minimum of five (5) years after completion
of work.
Verification of Coverage
Contractor shall furnish the Entity with original Certificates of Insurance including all required
amendatory endorsements (or copies of the applicable policy language effecting coverage
required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy
listing all policy endorsements to Entity before work begins. However, failure to obtain the required
documents prior to the work beginning shall not waive the Contractor’s obligation to provide them.
The Entity reserves the right to require complete, certified copies of all required insurance policies,
including endorsements required by these specifications, at any time.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting
all the requirements stated herein, and Contractor shall ensure that Entity is an
additional insured on insurance required from subcontractors.
Special Risks or Circumstances
Entity reserves the right to modify these requirements, including limits, based on the nature of the
risk, prior experience, insurer, coverage, or other special circumstances.
EXHIBIT 1
CITY OF SANTA ANA
RFP No. 22-168 Downtown Santa Ana Clean & Safe Team 11
X. SELECTION PROCEDURES & CRITERIA
A. The City will establish a proposal review committee. The review committee will evaluate
proposals based on the response to the RFP, which includes adherence to outlined directions
and format, and the City evaluation criteria set forth below.
B. Proposers will be ranked by the review committee based on the following criteria:
C. A final score will be calculated for each submitted proposal and used to rank Proposers.
Based upon the foregoing criteria, all proposals shall be ranked by score. Only those
proposals receiving a score above 70 will be considered for award. The City reserves the
right to award the contract to any proposer(s) with a score above 70. The review committee
will evaluate proposers based on their response to the RFP and the City evaluation criteria
set forth above.
D. The City is under no obligation to accept any proposal and reserves the right to negotiate
with respondents as to fees and terms. The City may reject proposals at its sole discretion.
If proposal fails to satisfy any requirements outlined in this RFP, it may be considered non-
responsive and may be rejected.
The City shall not be obligated to accept the lowest priced proposals, but will make awards
in the best interests of the City after all factors have been evaluated.
CATEGORY POINTS
Responsiveness to RFP
i. Proposal’s compliance with the requirements of this RFP.
ii. Scope of Services offered including ability to provide optional services.
iii. The value to any new and/or innovative product or service suggestions or
other new ideas and enhancements.
25
Experience of Firm and Personnel
iv. The experience, resources, and qualifications of the firm and individuals
assigned to this account, including manager, supervisor and assigned
staff.
25
Cost of Proposal
v. Reasonable, scaleable, ability to increase or decrease based on service
needs.
25
References
vi. References that are similar in size and project scope to the City.
25
Bonus Points
vii. Extra points provided for contractors that have an office in Santa Ana,
have direct experience in DTSA, and have knowledge and relationships
with Downtown Santa Ana businesses and residents.
10
TOTAL POSSIBLE SCORE 110
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The review committee will recommend the qualified Proposers to the City Council or City
Manager for award of contract, as appropriate.
E. The review committee may invite the proposers to interview. The City reserves the right to
seek additional information from any or all Proposers invited to present proposals. A final
score will be calculated for each submitted proposal and used to rank Proposers. City
reserves the right to begin negotiations and enter into a contract without holding interviews,
or further discussions.
XI. WITHDRAWALS
Proposers are responsible for verifying all prices and information before submitting a proposal.
Prior to the proposal due date, the Proposer or Proposer’s representative may withdraw the
proposal by providing written notice of the proposal withdrawal to the City Contact/Project
Manager. Verbal or telephonic withdrawals are not permissible.
XII. GENERAL TERMS AND CONDITIONS
A. AMERICANS WITH DISABILITIES ACT
The awarded Contractor hereby certifies that it will comply, as applicable, with the Americans
with Disabilities Act of 1990 (“ADA”), 42 USC §§ 12101 et seq., and its implementing
regulations, including Subtitle A, Title II of the ADA. Contractor will not discriminate against
persons with disabilities nor against persons due to their relationship to or association with a
person with a disability. Any contract entered into by the awarded Contractor (or any
subcontract thereof), relating to this RFP, shall be subject to the provisions of this paragraph.
B. CITY BUSINESS LICENSE
The selected proposer shall be required to obtain a City of Santa Ana Business license
within thirty (30) days of selection and must provide a copy to the City projects manager or
designee prior to commencing any work in Santa Ana.
C. CITY RIGHT TO REJECT
The City reserves the right to reject any or all proposals submitted and no representation is
made hereby that any agreement 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.
D. CONFLICT OF INTEREST
Contractor shall exercise reasonable care and diligence to prevent any actions or conditions
that could result in a conflict with the best interests of the City. This obligation shall apply to
the Contractor; the Contractor’s employees, agents, and Subcontractors associated with
accomplishing work and services hereunder. The Contractor’s efforts shall include, but not
be limited to, establishing precautions to prevent its employees, agents, and Subcontractors
from providing or offering gifts, entertainment, payments, loans or other considerations which
could be deemed to influence or appear to influence City staff or elected officers from acting
in the best interests of the City.
Each Proposer must disclose any existing or potential conflict of interest relative to the
performance of the contractual services resulting from this RFP. Any such relationship that
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might be perceived or represented as a conflict should be disclosed. The City reserves the
right to disqualify any Proposer on the grounds of actual or apparent conflict of interest.
No person, firm, or subsidiary thereof who has been awarded this Contract may be awarded
a Contract for the provision of services, the delivery of supplies, or the provision of any other
related action which is required, suggested, or otherwise deemed appropriate as an end
product of this Contract. Therefore, Contractor is precluded from contracting for any work
recommended as a result of this Contract.
E. CONTRACTOR’S EXPENSE
Pre-Contractual Expenses: The City is not liable for any costs incurred by Proposers prior to
entering into a formal contract. Costs of developing a response to this RFP, are entirely the
responsibility of the Proposer, and shall not be reimbursed in any manner by the City. Pre-
contractual expenses are not to be included in the cost proposal. Pre-contractual expenses
include, but are not limited to, preparation of the proposal, submission of the proposal and
additional information, attendance at pre-proposal conference, negotiating any matter related
to this RFP with City, and/or any other expenses incurred by the Proposer prior to the date
of award and execution, if any, of the contract.
Other Expenses: The Contractor will be responsible for all costs related to photo copying,
telephone communications, fax communications, and parking while on City sites during the
performance of work and services under this Contract.
F. CONTRACTOR’S PROJECT MANAGER/KEY PERSONNEL
Except as formally approved by the City, the key personnel identified in Contractor’s proposal
shall be the individuals who will actually complete the work. Changes in staffing must be
reported in writing and approved by the City. The City shall have the right to require the
removal and replacement of the Contractor’s Project Manager and key personnel under the
awarded contract. The City shall notify the Contractor in writing of such action. The City is
not required to provide any reason, rationale, or additional factual information if it elects to
request any specific key personnel be removed from performing services under the awarded
contract. The City shall review and approve the appointment of the replacement for the
Contractor’s personnel. Said approval shall not be unreasonably withheld.
Standards of Conduct: Contractor’s personnel shall be courteous and maintain good working
relationships with all stakeholders, state or outside agencies, other team members and staff
within the City.
G. COST PROPOSAL
The awarded Contractor agrees to provide the purchased services at the costs, rates, and
fees as set forth in their Fee Schedule in response to this RFP. No other costs, rates or fees
shall be payable to the awarded Subcontractor for implementation of their proposal.
H. DATA RETENTION
Contractor shall be responsible for retaining data, records, and documentation for the
preparation of required items. These materials shall be made available to and as requested
by City.
All materials, documents, data or information obtained from the City Data files or any City
medium furnished to Contractor in the performance of an awarded contract will at all times
remain the property of the City. Such data or information may not be used or copied for direct
or indirect use by Contractor after completion or termination of this Contract without the
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express written consent of the City. All materials, documents, data or information, including
copies, must be returned to the City at the end of the contract.
All data, documents and other products used, developed, or produced during response
preparation of the RFP will become property of the City. All responses to the RFP shall
become property of the City. Proposer information identified as proprietary shall be
maintained confidential, to the extent allowed under the California Public Records Act.
I. DRUG-FREE WORKPLACE
The awarded Contractor certifies compliance with Government Code Section 8355 in matters
relating to providing a drug-free workplace. Failure to comply with these requirements may
result in suspension of payments under the Contract or termination of the contract or both,
and the Contractor may be ineligible for award of any future City contracts.
J. EXAMINATION
Proposer represents that it has thoroughly examined and become familiar with the services
and responsibilities required this RFP and that it is capable of effectively and efficiently
performing quality work to achieve the City’s objectives. Any attachments referenced herein
or any interpretations, clarifications or amendments subsequently posted in relation to this
RFP are fully incorporated.
Any irregularities or lack of clarity in the RFP should be brought to the designated City
Contact/Project Manager’s attention as soon as possible so that corrective addenda may be
furnished to prospective Proposers.
Proposals which appear unrealistic in the terms of technical commitments, lack of technical
competence, or are indicative of failure to comprehend the complexity and risk of this
contract, may be rejected.
K. EXECUTION OF AGREEMENT
Upon successful negotiations, the City and the selected Proposer will enter into an
Agreement similar to that as shown in EXHIBIT 2 – Sample Agreement of this RFP. If a
Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being
notified of selection under this RFP, the City reserves the right to disqualify them without any
further obligation
L. FEDERAL GRANT CONTRACT PROVISIONS
Proposer must agree to the federal contract provisions outlined in the Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
at 2 CFR Part 200.326. These provisions will become part of the agreement resulting from
this bid.
M. FISCAL NONFUNDING CLAUSE
In the event sufficient budgeted funds are not available for a new fiscal period, the City shall
retain the right to notify the provider of such occurrence in writing at least thirty (30) days
before the end of the current fiscal period and terminate the contract on the last day of the
current fiscal period without penalty or expense to the City.
N. JOINT OFFERS/SUBCONSULTANTS
Where two or more Proposers desire to submit a single proposal in response to this RFP,
they should do so on a prime sub-consultant basis. The City intends to contract with a single
firm, also known as the prime, and not with multiple firms doing business as a joint venture.
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Should the use of sub-consultants be offered, the Proposer shall provide the same
assurances of competence for the sub-consultant plus the demonstrated ability to manage
and supervise the subcontracted work. Sub-consultants shall not be allowed to further
subcontract with others for work under the Agreement. The provisions of the Agreement shall
apply to all sub-consultants in the same manner as the Proposer. The proposer is responsible
for all the actions taken by their sub-contractor.
The City reserves the right to reject, replace and approve any and all Subcontractors. All
Subcontractor(s) shall be identified in the response to the RFP and the City reserves the right
to reject any proposed Subcontractor(s). Subcontractors shall be the responsibility of the
prime Contractor and the City shall assume no liability of such Subcontractors.
O. INDEPENDENT CONTRACTOR
Contractor is considered an independent Contractor and neither Contractor, its employees,
nor anyone working under Contractor will be considered an agent or an employee of City.
Neither Contractor, its employees, nor anyone working under Contractor, will qualify for
workers’ compensation or other fringe benefits of any kind through City.
P. JOINT OFFERS/SUBCONSULTANTS
Where two or more Proposers desire to submit a single Proposal in response to this RFP,
they should do so on a prime sub-consultant basis. The City intends to contract with a single
firm and not with multiple firms doing business as a joint venture. Should the use of sub-
consultants be offered, the Proposer shall provide the same assurances of competence for
the sub-consultant plus the demonstrated ability to manage and supervise the subcontracted
work. Sub-consultants shall not be allowed to further subcontract with others for work under
the Agreement. The provisions of the Agreement shall apply to all sub-consultants in the
same manner as the Proposer.
The City reserves the right to reject, replace and approve any and all Subcontractors. All
Subcontractor(s) shall be identified in the response to the RFP and the City reserves the right
to reject any proposed Subcontractor(s). Subcontractors shall be the responsibility of the
prime Contractor and the City shall assume no liability of such Subcontractors.
Q. LITIGATION STATUS
Each Proposer must include in its proposal a complete disclosure of any alleged significant
prior or ongoing contract failures, any civil or criminal litigation or investigation pending which
involves the Proposer or in which the Proposer has been judged guilty or liable. Failure to
comply with the terms of this provision will disqualify any proposal. The City reserves the
right to reject any proposal based upon the Proposer’s prior history with the City or with any
other party, which documents, without limitation, unsatisfactory performance, adversarial or
contentious demeanor, significant failure(s) to meet contract milestones or other contractual
failures.
R. NEGOTIATIONS
The City reserves the right to negotiate final contract terms with any Proposer selected. The
contract between the parties will consist of the RFP together with any modifications thereto,
and the awarded Contractor’s proposal, together with any modifications and clarifications
thereto that are submitted at the request of the City during the evaluation and negotiation
process. In the event of any conflict or contradiction between or among these documents,
the documents shall control in the following order of precedence: the final executed contract,
the RFP, any modifications and clarifications to the awarded Contractor’s proposal, and the
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awarded Contractor’s proposal. Specific exceptions to this general rule may be noted in the
final executed contract.
Negotiations shall be confidential and not subject to disclosure to competing Contractors
unless and until an agreement is reached. If contract negotiations cannot be concluded
successfully, the City reserves the right to negotiate a contract with another Contractor or
withdraw the RFP.
S. NON-PAYMENTS
Note that payments will NOT be made for any unsatisfactory work until corrected. In the event
of nonpayment of undisputed sums by the City, Contractor shall give the City thirty (30)
working days to cure the alleged breach.
T. OWNERSHIP OF DOCUMENTS
The City has permanent ownership of all directly connected and derivative materials produced
under this contract by the Contractor. All documents, reports and other incidental or derivative
work or materials furnished hereunder shall become and remains the sole property of the City
and may be used by the City as it may require without additional cost to the City. Contractor
shall provide the City copies of documents upon its request at any time. None of the documents,
reports and other incidental or derivative work or furnished materials shall be used by the
Contractor without the express written consent of the City.
U. PARKING
The City will not provide free parking and/or reimbursement for the cost of parking while
providing services and conducting business with the City.
V. PROFESSIONAL STANDARDS
Contractor staff shall be courteous to the public and City staff utilizing facilities where
Contractor is performing work, but shall be responsive only to the requests of the City’s
Project Manager or designee. Contractor staff shall direct all inquiries to Project Manager or
designee.
Contractor acknowledges that City locations consist of public-use facilities and recognizes
the obligation to ensure Contractor personnel and agents maintain the highest level of
professional standards in attire, decorum, and interaction with the public and City personnel.
W. PROJECT MANAGER
The selected Proposer will assume responsibility for all services in its proposal. The selected
Proposer shall identify a sole point of contact, Project Manager, with the greatest
knowledge in regard to the required service operations and contractual matters, including
payment of any and all charges resulting from the Agreement.
X. PROPOSAL VALIDITY
Services, pricing, and warranties indicated in a Proposer’s Proposal must be valid for a period
of 180 days at minimum after the submission of the Proposal.
Y. PUBLIC AGENCIES
Other public agencies, as defined by California Government Code Section 6500, may choose
to use the terms of this Contract, subject to Contractor’s acceptance. The City is not liable or
responsible for any obligations related to a subsequent contract between Contractor and
another public agency.
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Z. PUBLIC RECORDS
Proposals will become public record after the award of a contract unless the proposal or
specific parts of the proposal can be shown to be exempt by law. Each Proposer may clearly
label all or part of a proposal as "CONFIDENTIAL" provided that the Proposer thereby agrees
to indemnify and defend the City for honoring such a designation. The failure to so label any
information that is released by the City shall constitute a complete waiver of any and all claims
for damages caused by any release of the information. Proposer information identifi ed as
proprietary shall be maintained confidential, to the extent allowed under the California Public
Records Act.
AA. SUBCONTRACTORS
Proposals in response to this RFP must identify any Subcontractors, and outline the
contractual relationship between the Awarded Subcontractor and each Subcontractor. An
official of each proposed Subcontractor must sign, and include as part of the proposal
submitted by the Prime Contractor, a statement to the effect that the Subcontractor has read
and will agree to abide by the awarded Contractor’s obligations. Any Subcontractor proposed
after award of contract must be approved by the City before commencement of work.
The City will look solely to the awarded Contractor for the performance of all contractual
obligations which may result from an award based on this RFP, and the awarded Contractor
shall not be relieved for the non-performance of any or all Subcontractors.
XIII. AWARD OF AGREEMENT
Selected Contractor(s) will be notified in writing. Any award is contingent upon the successful
negotiation of final contract terms.
A. EXECUTION OF AGREEMENT
A standard agreement is included as EXHIBIT II Sample Agreement of this RFP. “Proposer”
will hereinafter be referred to as “Consultant” or “Contractor” in standard agreement. The
term of the agreement will begin after the agreement is fully executed, and all required bonds,
insurance documents and contents of the payment information packet have been received
and approved.
XIV. IMPLEMENTATION
A. KICK-OFF MEETINGS
The successful proposer will be required to meet with City staff prior to commencement of
services or at any time as required by the City, to discuss and agree on operational issues
including transition of services and scheduling.
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Downtown Santa Ana Clean and Safe Team
Santa Ana is downtown for the world famous Orange County, California. It is the County Seat, the
second-most populous city in Orange County, and is home to a vibrant evening scene and arts
community. Furthermore, Downtown Santa Ana (DTSA) is known as a foodie destination as well as a
retail hub. There are over 600 businesses and approximately 3,000 residents in DTSA. Below is a map
of the Downtown area. In years past, the Clean & Safe Team was funded at an amount of $500,000
annually. The City is seeking competitive proposals and is open to negotiations.
Scope of Services At-a-Glance
1. Litter Maintenance
2. Special Event Litter Clean-Up/Maintenance
3. Clean & Empty Trash Cans
4. Clean Outdoor Benches, Bollards, & Light Poles
5. Clean Parklets
6. Clean Alleys
7. Clean Bus Stops
8. Street Closures
9. Power Wash
10. Security Guard Oversight
11. Staffing
12. Equipment & Facilities
EXHIBIT I
SCOPE OF SERVICES
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Contractor shall perform the services as set forth below.
1. Litter Maintenance
a. “Litter” is defined as, but is not limited to:
i. Boxes;
ii. Cans;
iii. Papers
iv. Containers marked “trash” (or are obviously trash);
v. Unwanted or useless materials, or rejected matter.
b. “Waste” includes, but is not limited to:
i. Gum;
ii. Food remains;
iii. Sewage
iv. Excrement;
v. Grease;
vi. Dust;
vii. Dirt;
viii. Decals
ix. Liquid or dried matter;
x. Oily or sticky substances; and
xi. Graffiti, etc.
c. Remove litter from all outside surfaces including, but not limited to, sidewalks, curbs,
planters, tree grates, and store entries. All litter from such surfaces shall be removed from
the area and emptied into a designated trash dumpster or receptacle in such a manner as
to prevent the adjacent area from becoming littered by such trash.
d. Waste shall be removed from all outside surfaces including, but not limited to, sidewalks,
curbs, planters, tree grates, store entries, and trash receptacles. All waste from such
surfaces shall be removed from the area and emptied into a designated trash dumpster
or receptacle in such a manner as to prevent the adjacent area from becoming soiled by
such waste. Waste removal shall be accomplished by the complete and thorough removal
of said substances from the area—not by moving it from one surface to another or covering
said substances with sand or similar materials.
2. Special Event Litter Clean-Up/Maintenance
a. Clean & Safe Team will provide litter clean-up/maintenance services for designated
special events that are approved by the City.
b. Provide litter clean-up for on-call situations after special events that do not provide
adequate clean-up, must be approved by the City.
3. Clean & Empty Trash Cans
a. All 90+ trash containers within the downtown business district shall be emptied and
cleaned at least five (5) times per day, everyday. Trash including, but not limited to, boxes,
cans, papers, and other containers marked “trash” (or clearly trash items) shall be
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removed, along with the liner. All trash from such garbage receptacles shall be removed
from the downtown district and emptied into a designated trash dumpster or receptacle in
such a manner as to prevent the adjacent area from becoming littered by such trash.
b. Any trash containers that may become filled prior to the scheduled routing cleaning,
particularity between the hours of 11:00 AM and 4:00 PM daily, shall be emptied as
needed. Trash containers should never have accumulated trash or waste above the level
of the container. Whether full or not, container shall be emptied and cleaned if it is omitting
a foul, rancid, or putrid odor or showing signs of insect or rodent infestation.
c. Insert new liners into trash containers, securing said liners in such a manner as to present
a neat uniform appearance and replacing container lids in their correct position.
d. Remove all waste including, but not limited to, gum, food remains, sewage, excrement,
grease, dust, dirt, decals, liquids, dried matter, oily or sticky substances, and graffiti, etc.
from the surface of trash containers using a clean cloth or rag, and germicide detergent
solution. Cleaning shall be accomplished by the complete and thorough removal of said
substances from the area—not by moving it from one surface to another or covering said
substances with sand or similar materials. This includes, but is not limited to, the cleaning
of the immediate area surrounding the trash containers.
4. Clean Outdoor Benches, Bollards, & Light Poles
All benches, bollards and light poles within the area shall be cleaned on a regular basis
using clean cloths and a detergent solution. Remove all waste including, but not limited
to, gum, food remains, excrement, grease, dust, dirt, litter, liquids, dried matter, decals,
sticky substances, graffiti, etc. leaving object in working condition. The immediate area
surrounding the object shall be cleaned in the same manner.
5. Clean Parklets
a. Pick-up litter and waste seven (7) days per week on an average of 40 hours per week.
b. Litter and waste shall be removed from all outside surfaces including, but not limited to,
sidewalks, curbs, planters, and store entries. All litter from such surfaces shall be removed
from the area and emptied into a designated trash dumpster or receptacle in such a
manner as to prevent the adjacent area from becoming littered by such trash. Wipe down
parklet structure on a daily basis.
c. Conduct light power washing of the parklets on an as needed basis. “Light Power wash”
is defined as the simultaneous mechanical removal of materials or pollutants from the
surface for the pavement, through application of water under pressure with elevated
temperatures used in the cleaning process and collection of waste and water (light
pressure, only to be done in spots or areas of need, conducted minimally).
d. Process used shall leave the area clean and free from stains and of all loose, embedded
materials including chewing gum. The cleaning process must not damage the concrete
surfaces or the brick paver surface. All gum must be removed from the paver, concrete
and other sidewalk surfaces.
e. Use the appropriate materials to clean or repair the parklets as needed. Contractor will
provide the necessary and needed materials for parklet repairs such as, but not limited to
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the following items:
i. Wood Sealer (flooring or wood rails)
ii. Paint & Brushes & Roller Brushes
iii. Sand Paper
iv. Extra Wood flooring pieces for replacements if needed
f. Parklets Locations:
i. Bird & Barrel at 305 E. 4th Street Suite 105 – Parklet with shade sail
ii. Frida Cinema at 305 E. 4th Street Suite 100 – Parklet with shade sail
iii. Chevita’s Juice at 209 W. 4th Street – Parklet with shade sail
iv. 4th Street Market at 201 E. 4th Street – Parklet with shade sail
v. Chapter One at 227 N Broadway – Parklet with shade sail
vi. Mission Bar at 308 N Main Street – Parklet with shade sail
vii. Next Round Bar & Grill at at 200 N Broadway – Parklet with shade sail
6. Clean Alleys
a. Alleys shall be clear of trash, waste, shopping carts, pallets, leaves, and excrement.
Shopping carts shall be picked up and taken to shopping center parking lot. Boxes shall
be flattened and placed securely in trash container in such a manner as to not protrude
excessively. Excrement shall be picked up and disposed of properly, and area washed
down with proper germicidal solution.
b. Downtown Alley Locations:
i. 100 East Fourth Street (south alley)
ii. 200 East Fourth Street (south alley)
iii. 300 East Fourth Street (north and south alley)
iv. 100 West Fourth Street (south alley)
v. 200 West Fourth Street (south alley)
vi. 300 West Fourth Street (south alley)
vii. 400 West Fourth Street (south alley)
7. Clean Bus Stops
a. Bus stop areas are cleaned by the City of Santa Ana’s contractor, however, the Clean &
Safe Team will complement the cleaning of the bus stops by cleaning all debris, bum, dirt,
grime, oil, stains and other fluids. Clean & Safe Team will not be responsible for emptying
the locked trash container at the bus stops.
b. Downtown Bus Stop Locations:
i. 400 North Main west side of street
ii. 300 North Main east side of street
iii. 200 West 5th street south side of street
iv. 200 East 5th street south side of street
v. 100 West Santa Ana Boulevard north side of street
vi. 200 East Santa Ana Boulevard north side of street
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8. Street Closures
a. Provide street closure services with approved Traffic Control Plans as approved by Public
Works Agency for special events approved or co-sponsored by the City. The City owns
various street closure equipment and signs which may be available for Contractor’s use
upon coordination.
b. Set up water-filled k-rails, barricades, traffic cones, traffic signs, A-frames, and ensure
safe street closures.
c. Remove street closure equipment, track inventory, and properly store equipment in
storage areas.
d. Contractor must be capable of creating Traffic Control Plans to be reviewed and stamped
by a traffic control engineer for any street closure needed in DTSA.
e. Contractor must have experience to perform street closure services.
f. Special event street closures often occur during the early part of the morning and late at
night, sometimes between 4:00 AM or 5:00 AM and removal of equipment at 11:00 PM to
2:00 AM. Noise levels must be maintained to a minimum after 10:00 PM.
9. Power Wash
a. “Power wash” is defined as the simultaneous mechanical removal of materials or
pollutants from the surface for the pavement, through application of water under pressure
with elevated temperatures used in the cleaning process and collection of waste and
water.
b. Process used shall leave the area clean and free from stains and of all loose, embedded
materials including chewing gum. The cleaning process must not damage the concrete
surfaces or the brick paver surface. All gum must be removed from pavers, concrete, and
other sidewalk surfaces.
c. Sidewalks: All gum, dirt, grime, oil, stains and other fluids shall be removed from the
sidewalls by using power washing equipment.
d. Bus stops: Bus stop areas are cleaned by another City contractor, however, the Clean &
Safe Team will compliment the cleaning of bus stops by cleaning all debris, gum, dirt,
grime, oil, stains, and other fluids. Clean & Safe Team will not be responsible for emptying
locked trash containers at bus stops.
e. Downtown Bus Stops:
i. 400 North Main west side of street
ii. 300 North Main east side of street
iii. 200 West 5th street south side of street
iv. 200 East 5th street south side of street
v. 100 West Santa Ana Boulevard north side of street
vi. 200 East Santa Ana Boulevard north side of street
f. Power wash alleys: Alleys are to be cleaned of a debris, bum, dirt, grime, oil, stains and
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other fluids.
g. The following are alley locations within the Downtown:
• 100 East Fourth Street (south alley)
• 200 East Fourth Street (south alley)
• 300 East Fourth Street (north and south alley)
• 100 West Fourth Street (south alley)
• 200 West Fourth Street (south alley)
• 300 West Fourth Street (south alley)
• 400 West Fourth Street (south alley)
10. Security Guard Oversight
a. Contractor must have experience supervising a security guard team.
b. Will assist in coordinating, securing, and compensating additional or on-call security
guards for special events or emergencies or as needed with approval by the City.
c. The City currently has a contract in place for security guards services, which will expire
within 2 years or sooner. The City will continue to oversee that service and pay the
contractor directly until the agreement termination.
d. The initial years of the contract will exclude the cost of security, but during the 2 nd or 3rd
year of this contract, the funding will increase to cover the cost of security guards services
in DTSA.
e. Thereafter, the selected contractor for the DTSA Clean & Safe Team will be solely
responsible for procuring, hiring, compensating and overseeing the security guard
company for the duration of the contract. The agreement will be augmented to cover the
cost of security guard services.
f. Security Guard services in DTSA consist of guard services seven (7) days per week, one
(1) security guard per shift, based on the schedule outlined below (subject to change
based on need and/or special events):
i. Monday-Wednesday 9:00 AM–10:00 PM
ii. Thursday 9:00 AM—12:00 PM
iii. Friday 9:00 AM—12:00 AM (midnight)
iv. Saturday 10:00 AM—12:00 AM
v. Sunday 10:00 AM—10:00 PM
11. Staffing
a. Staffing should be experienced in the cleaning/maintenance industry with proper uniforms
and equipment to execute the service well with experience working in downtown areas
and government.
b. Clean & Safe Team staff must be readily available within 5-10 minutes upon service calls
from merchants, visitors, residents, and staff.
c. Supervisor must be onsite and respond in person within five (5) minutes to any calls for
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service by the City.
d. Supervisor must attend weekly meetings at City Hall or other designated locations.
e. Supervisor must be involved in the planning stages of all events taking place in DTSA and
provide logistics support.
f. Sufficient staff levels should be made available on a daily basis.
g. A supervisor must be available during normal business hours between 8 A.M. – 5 P.M.
and must be accessible after hours in case of an emergency or urgent situation. Must also,
be available during special events (off hours) to ensure proper supervision, productivity,
and to maintain quality of service. Speical events typically occur on weekends and/or
evening hours.
h. Supervisors are expected to attend City weekly meetings and other monthly meetings, as
needed.
i. From time to time, staff should be available as needed to distribute flyers on behalf of the
City for programs, events, etc.
j. Staffing schedules may vary based on City needs and/or special events, but in general
should be available before most businesses open in order to clean DTSA as early as
possible. The schedule below has historically been successful, but can be modified upon
mutual agreement based on service needs during the term of the contract:
i. Litter Team: Monday – Sunday 7:00 AM – 9:00 PM
ii. Power Washing Team: Monday – Sunday 4:00 AM – 10:00 PM
12. Contractor’s Equipment & Facilities
a. Contractor must have the following at minimum:
i. One (1) waste (trash dumpster) container – must be located in Downtown Santa
Ana;
ii. Two (2) 4-cubic yard waste containers; and
iii. One (1) 4-cubic yard recycle container.
Note: All three (3) 4-cubic yard containers must be kept in a safe and enclosed location in
Downtown Santa Ana.
b. Trash must be serviced daily by Republic Services (City’s contracted trash hauler) and at
Contractor’s expense. The City’s trash dumpster shall not be used.
c. Contractor must have at least one truck available every day from 7:00 AM to 9:00 PM for
staff use to transport bags full of trash to waste containers.
d. Contractor must have a storage space in DTSA to store cleaning equipment and supplies
(leased space is appropriate). Storage space must be secured and maintained at
Contractor’s sole expense
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Sample Budget
Category Annual Cost
Litter Pick-Up & Maintenance $
Special Event Litter Clean-Up/Maintenance $
Clean & Empty Trash Cans Daily $
Clean Outdoor Benches, Bollards, & Light Poles $
Clean Parklets & Minor Repairs $
Clean Bus Stops $
Street Closures $
Power Wash $
Security Guard Oversight $
Security Guard Cost (for year 2 and forward) $160,000+ annually
Staffing $
Equipment $
Other $
Annual Total $
EXHIBIT II
SAMPLE BUDGET
EXHIBIT 1
CITY OF SANTA ANA
RFP No. 22-168 Downtown Santa Ana Clean & Safe Team 26
populous city in Orange County, and is home to a vibrant evening scene and arts community.
THIS AGREEMENT is made and entered into on this day of , 2022 by and between
___________________________________________________________, (“Consultant”), and the City of Santa
Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State
of California (“City”).
RECITALS
A. The 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 provide such services to the City.
C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable
in its field and that any services performed by Consultant under this Agreement will be performed in compliance
with such standards as may reasonably be expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and
conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor,
materials, tools, equipment, and incidental customary work required to fully and adequately complete the services
described and set forth in Scope of Services - Exhibit 1, attached hereto and incorporated by reference.
2. COMPENSAT ION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates
and charges identified in Compensation - Exhibit 2. The total amount to be expended during the term
of this Agreement shall not exceed $xxxxxx.
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 Recitals which may reasonably be expected
by City.
3. TERM
This Agreement shall commence on the date first written above for a written number (3) year term with
the option for the City to grant up to two, one (1)-year renewals, exercisable by a writing by the City Manager and
the City Attorney, unless terminated earlier in accordance with Section 15, below.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant
and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-
employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the
professional manner in which Consultant performs the services which are the subject matter of this Agreement;
however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable
standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social
EXHIBIT III
SAMPLE AGREEMENT
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security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all
applicable withholding taxes.
standards and regulations governing such services. Consultant shall pay all salaries and wages,
employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or
sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies,
drawings, estimates, and other documents or works of authorship fixed in any tangib le medium of expression,
including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes,
which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”).
Consultant shall require all subcontractors to agree in writing that City is granted a non -exclusive and perpetual
license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and
warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such
representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City
shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not
within the purposes intended by this Agreement shall be at City’s sole risk.
MINIMUM SCOPE AND LIMIT OF INSURANCE
The selected Proposer shall provide the required evidence of insurance coverage as set forth in
the standard agreement within ten (10) business days after receipt of Notice of Intent to Award.
Contractor must maintain, for the duration of its contract, insurance coverages as required by
the City.
Additionally, Contractor shall provide the following insurance coverage:
Coverage shall be at least as broad as:
• Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL
on an “occurrence” basis, including products and completed operations, property damage,
bodily injury and personal & advertising injury with limits no less than $1,000,000 per
occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply
separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall
be twice the required occurrence limit.
• Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor
has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than
$1,000,000 per accident for bodily injury and property damage.
• 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.
If the Contractor maintains broader coverage and/or higher limits than the minimums shown above,
the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained
by the contractor. Any available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the Entity.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
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The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds
on the CGL policy with respect to liability arising out of work or operations performed by or on
behalf of the Contractor 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
Contractor’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).
Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary
coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials,
employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers,
officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not
contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except
with notice to the Entity.
Waiver of Subrogation
Contractor hereby grants to Entity a waiver of any right to subrogation which any insurer of said
Contractor may acquire against the Entity by virtue of the payment of any loss under such
insurance. Contractor 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.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the Entity. The Entity may require the
Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and
related investigations, claim administration, and defense expenses within the retention. The policy
language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied
by either the named insured or Entity.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current
A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Entity.
Claims Made Policies (note – should be applicable only to professional liability, see below)
If any of the required policies provide claims-made coverage:
4. The Retroactive Date must be shown, and must be before the date of the contract or the
beginning of contract work.
5. Insurance must be maintained and evidence of insurance must be provided for at least five
(5) years after completion of the contract of work.
6. If coverage is canceled or non-renewed, and not replaced with another claims-made policy
form with a Retroactive Date prior to the contract effective date, the Contractor must
purchase “extended reporting” coverage for a minimum of five (5) years after completion of
work.
Verification of Coverage
Contractor shall furnish the Entity with original Certificates of Insurance including all required
amendatory endorsements (or copies of the applicable policy language effecting coverage required
EXHIBIT 1
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by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all
policy endorsements to Entity before work begins. However, failure to obtain the required
documents prior to the work beginning shall not waive the Contractor’s obligation to provide them.
The Entity reserves the right to require complete, certified copies of all required insurance policies,
including endorsements required by these specifications, at any time.
Special Risks or Circumstances
Entity reserves the right to modify these requirements, including limits, based on the nature of the
risk, prior experience, insurer, coverage, or other special circumstances.
INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees,
contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensati on,
restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property
damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees,
or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2)
from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by
reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies
to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been
suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this
Agreement. The 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 Contractor’s services are subject to Civil Code Section 2782.8, the
above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of,
pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any
and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright
infringement, including costs, contained in the work product or documents provided by Consultant to the City
pursuant to this Agreement.
RECORDS
Contractor shall keep records and invoices in connection with the work to be performed under this Agreement.
Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement
and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or
for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such
records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine,
audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement
during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and
activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under
this Agreement.
CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such information is reasonably understood
to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such infor mation 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
EXHIBIT 1
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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.
CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would
conflict in any manner with performance of services specified under this Agreement.
NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation,
gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status,
age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection,
teaching, training, utilization, promotion, termination or other employment related activities or any services provided
under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable
federal, state and local laws and regulations.
EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the Cit y and Contractor, and supersedes
any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of
this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not
be modified except by written instrument signed by the City and by an authorized representative of Contractor. The
parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or
in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this
Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have
been made by any party, or anyone acting on behalf of any party, which is not embodied herein.
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 writte n consent of the City and any
such assignment, transfer, delegation or subcontract without the City's prior written consent sha ll be considered
null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the serv ices
which are the subject to this Agreement performed by City personnel or by other Contractors retained by City.
TERMINATION
This Contract 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 Consultant compensation for all services performed by
Contractor prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City
all work product(s) completed as of such date, and in such case such work product shall be the
property of the City unless prohibited by law, and 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.
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.
I. JURISDICTION - VENUE
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This Agreement has been executed and delivered in the State of California and the validity, inter pretation,
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.
II. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals,
waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and
regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies.
Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses,
approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
III. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this contract 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 Sec tion, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
To Contractor:
A party may change its address by giving notice i n writing to the other party. Thereafter, any communication shall
be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to
have been given three (3) days after it has been deposited in the United Sta tes 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.
IV. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority
and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify
City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City i n the
event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. The Agreement is the final and complete agreement and any prior or contemporaneous
First & Last Name
Title
Consultant Firm Name
Address
City, State, Zip
Fax:
EXHIBIT 1
CITY OF SANTA ANA
RFP No. 22-168 Downtown Santa Ana Clean & Safe Team 32
agreements for similar services between the parties is superseded by this Ag reement. This shall
not apply where the Parties are currently engaged and Consultant is providing services not
contemplated by this Agreement.
c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the
body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.
ATTEST: CITY OF SANTA ANA
Daisy Gomez Kristine Ridge
Clerk of the Council City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO CONSULTANT:
City Attorney
By:
Assistant City Attorney
Tax ID#
RECOMMENDED FOR APPROVAL:
SAMPLE ONLY
(name)
(title)
EXHIBIT 1
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Federal Regulations – Recipient must comply with the government cost principles, uniform administrative
requirements and audit requirements for federal grant program housed within Title 2, Part 200 of the
Code of Federal Regulations.
b. Debarment and Suspension – As required by Executive Orders 12549 and 12689, and 2
CFR §200.212 and codified in 2 CFR Part 200, Recipient must provide protection against waste, fraud,
and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the
Federal government.
c. Audit Records - With respect to all matters covered by this agreement all records shall be
made available for audit and inspection by CITY, the grant agency and/or their duly authorized
representatives for a period of three (3) years from the date of submission of the final expenditure report
by the City of Santa Ana. For a period of three years after final delivery hereunder or until all claims
related to this Agreement are finally settled, whichever is later, Recipient shall preserve and maintain all
documents, papers and records relevant to the services provided in accordance with this Agreement,
including the Attachments hereto. For the same time period, Recipient shall make said documents,
papers and records available to City and the agency from which City received grant funds or their duly
authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises
of Recipient, upon request during usual working hours.
d. Reports - Recipient shall provide to City all records and information requested by City for
inclusion in quarterly reports and such other reports or records as City may be required to provide to the
agency from which City received grant funds or other persons or agencies.
e. Section 504 of the Rehabilitation Act of 1973 (Handicapped) - All recipients of federal
funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal
funds recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise
qualified handicapped person shall, solely by reason of handicap be excluded from the participation in,
be denied the benefits of or be subject to discrimination, including discrimination in employment, in any
program or activity that receives or benefits from federal financial assistance. The Recipient agrees it will
ensure that requirements of The Act shall be included in the agreements with and be binding on all of its
contractors, subcontractors, assignees or successors.
f. Americans with Disabilities Act of 1990 - (ADA) Recipient must comply with all
requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable.
g. Political Activity - None of the funds, materials, property, or services provided directly or
indirectly under this agreement shall be used for any partisan political activity, or to further the election
or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act".
h. No Lobbying - Recipient will comply with all applicable lobbying prohibitions and laws,
including those found in the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352, et seq.), and agrees that
none of the funds provided under this award may be expended by the Recipient to pay any person to
influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer
or employee of Congress, or an employee of a Member of Congress in connection with any federal action
concerning the award or renewal of any federal contract, grant, loan, or cooperative agreement.
EXHIBIT III
FEDERAL REGULATIONS
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i. Non-Discrimination and Equal Opportunity - Recipient will comply, and all its contractors
(or subrecipients) will comply, with Title VI of the Civil Rights Act of 1964, as amended; Se ction 504 of
the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA)
(1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975, as amended;
Drug Abuse Office and Treatment Act of 1972, as amended; Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended; Section 523 and 527 of
the Public Health Service Act of 1912, as amended; Title VIII of the Civil Rights Act of 1968, as amended;
Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and
Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a
Federal or State court, Federal or State administrative agency, or the Recipient makes a finding of
discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or
disability against a recipient of funds, the Recipient will forward a copy of the findings to CITY which will,
in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of
Justice. If applicable, recipient will comply with the equal opportunity clause in 41 C.F.R. 60-1.4(b) in
accordance with Executive Order 11246 as amended by Executive Order No. 11375.
j. Equal Employment Opportunity - Recipient will comply, and all its contractors (or
subrecipients) will comply, with all requirements of the Executive Order 11246 of September 24, 1965,
entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967,
and as supplemented in Department of Labor regulations (41 CFR chapter 60), as applicable.
k. Public Contracts Code - Recipient will comply, and all its contractors (or subrecipients) will
comply, with all requirements of the California Public Contract Code Section 10295.3, as applicable.
l. Copeland Anti-Kickback Act - Recipient will comply, and all its contractors and
subcontractors (or subrecipients) shall comply, with all requirements of the Copeland “Anti-Kickback”
Act (30 U.S.C. 3145) as supplemented in Department of Labor regulations (29 CFR Part 3), as
applicable.
(1) Contractor – Contractors shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the
requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into
this contract.
(2) Subcontracts – Contractor or subcontractor shall insert in any subcontracts the clause above
and such other clauses as FEMA may by appropriate instructions require, and also a clause
requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime
contractor shall be responsible for the compliance by any subcontractor or lower tier
subcontractor with all of these contract clauses.
(3) Breach – A breach of the contract clauses above may be grounds for termination of the contract,
and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.
m. Davis-Bacon Act - Recipient will comply, and all its contractors (or subrecipients) will
comply, with all requirements of the Davis-Bacon Act (40 U.S.C. 3141-3144 and 3146-3148) as
supplemented by Department of Labor regulations (29 CFR Part 5), as applicable.
Contractors are required to pay wages to laborers and mechanics at a rate no less than the prevailing
wages specified in a wage determination made by the Secretary of Labor.
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Additionally, contractors are required to pay wages not less than once a week.
n. Work Hours and Safety - Recipient will comply, and all its contractors (or
subrecipients) will comply, with all requirements of Sections 103 and 107 of the Contract Work Hours
and Safety Standards Act (40 U.S.C. 3702 and 3704) as supplemented by Department of Labor
regulations (29 CFR Part 5), as applicable.
o. Clean Air Act - Recipient will comply, and all its contractors (or subrecipients) will
comply, with all applicable standards, orders or requirements issued under the Clean Air Act (42 U.S.C.
7401-7671q), and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as applicable.
p. Energy and Conservation - Recipient will comply, and all its contractors (or subrecipients)
will comply, with all requirements of the Energy Policy and Conservation Act (42 U.S.C. 6201), as
applicable.
q. Waste Disposal - Recipient will comply, and all its contractors (or subrecipients) will
comply, with all requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the
Resource Conservation and Recovery Act, as applicable.
r. Patent Rights - Recipient agrees that the Department of Homeland Security shall have
the authority to seek patent rights for any process, product, invention or discovery developed and paid
for with funding through this Agreement based on the requirements of 37 CFR§ 401 and any other
implementing regulations, as applicable.
s. Copyright - Recipient may copyright any books, publications or other copyrightable
materials developed in the course of or under this Agreement. However, the federal awarding agency,
State Administrative Agency (SAA) and City reserve a royalty-free, non-exclusive, and irrevocable license
to reproduce, publish or otherwise use, and to authorize others to use, for federal government, SAA
and/or City purpose:
(1) the copyright in any work developed through this Agreement; and
(2) any rights of copyright to which the subcontractor purchases ownership with support through
this grant. The Federal government’s, SAA’s and City’s rights identified above must be
conveyed to the publisher and the language of the publisher’s release form must ensure the
preservation of these rights.
t. Telecommunications (2 CFR 200.216) - Recipient will comply with FEMA Policy 405-143-
1, Prohibitions on Expending FEMA Award Funds on Covered Telecommunication Equipment or
Services (Interim), which prohibits grant recipients and subrecipients from obligating or expending loan
or grant funds to procure or obtain, extend or renew a contract to procure or obtain, or to enter into a
contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses
covered telecommunications equipment or services as a substantial or essential component of any
system, or as critical technology as part of any system.
As described in Public Law 115-232, section 889, covered telecommunications equipment is:
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation (or any subsidiary or affiliate of such entities).
EXHIBIT 1
CITY OF SANTA ANA
RFP No. 22-168 Downtown Santa Ana Clean & Safe Team 36
(2) For the purpose of public safety, security of government facilities, physical security
surveillance of critical infrastructure, and other national security purposes, video surveillance
and telecommunications equipment produced by Hytera Communications Corporation,
Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any
subsidiary or affiliate of such entities).
(3) Telecommunications or video surveillance services provided by such entities or using such
equipment.
(4) Telecommunications or video surveillance equipment or services produced or provided by an
entity that the Secretary of Defense, in consultation with the Director of the National
Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be
an entity owned or controlled by, or otherwise connected to, the government of a covered
foreign country.
u. Domestic preferences for procurements (2 CFR 200.322) - Recipient agrees that as
appropriate and to the extent consistent with law, it will, to the greatest extent practicable under a Federal
award, provide a preference for the purchase, acquisition, or use of goods, products, or materials
produced in the United States (including but not limited to iron, aluminum, steel, cement, and other
manufactured products). This requirement must be included in all subawards including all contracts and
purchase orders for work or products under this award. For purposes of this provision: “produced in the
United States” means, for iron and steel products, that all manufacturing processes, from the initial
melting stage through the application of coatings, occurred in the United States; and “manufactured
products” means items and construction materials composed in whole or in part of non-ferrous metals
such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such
as concrete; glass, including optical fiber; and lumber.
v. Equal Employment in Construction Contracts - Pursuant to Equal Employment
Opportunity requirements of 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended
by Executive Order No. 11375, as to any construction contract thereunder, if applicable, during the
performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The
contractor will take affirmative action to ensure that applicants are employed, and that
employees are treated during employment without regard to their race, color, religion, sex,
sexual orientation, gender identity, 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 contractor 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 contractor will, in all solicitations or advertisements for employees placed by or on behalf
of the contractor, state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex, sexual orientation, gender identity, or national
origin.
EXHIBIT 1
CITY OF SANTA ANA
RFP No. 22-168 Downtown Santa Ana Clean & Safe Team 37
(3) The contractor will not discharge or in any other manner discriminate against any employee
or applicant for employment because such employee or applicant has inquired about,
discussed, or disclosed the compensation of the employee or applicant or another employee
or applicant. This provision shall not apply to instances in which an employee who has access
to the compensation information of other employees or applicants as a part of such
employee's essential job functions discloses the compensation of such other employees or
applicants to individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an investigation,
proceeding, hearing, or action, including an investigation conducted by the employer, or is
consistent with the contractor's legal duty to furnish information.
(4) The contractor will send to each labor union or representative of workers with which he 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 contractor's commitments
under this section, and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
(5) The contractor will 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.
(6) The contractor will 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 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.
(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this
contract or with any of the said rules, regulations, or orders, this contract may be canceled,
terminated, or suspended in whole or in part and the contractor may be declared ineligible for
further Government contracts or federally assisted construction contracts in accordance with
procedures authorized in Executive 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, regulation, or order of the Secretary of Labor, or as otherwise
provided by law.
(8) The contractor will include the portion of the sentence immediately preceding paragraph (1)
and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section
204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding
upon each subcontractor or vendor. The contractor will take such action with respect to any
subcontract or purchase order as the administering agency may direct as a means of
enforcing such provisions, including sanctions for noncompliance.
FOR PROPOSERS’ REFERENCE
EXHIBIT 1
CITY OF SANTA ANA
RFP No. 22-168 Downtown Santa Ana Clean & Safe Team 38
Certification - I certify that I have read, understand and agree to the terms and conditions of this Request
for Proposals. I have examined the Scope of Services (Exhibit 1) and am qualified to provide services
being requested as specified herein. I understand and agree that I am responsible for reporting any
errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal.
PROPOSER’S STATEMENT: I have read, understood and agree to the terms and conditions on a ll
pages of the Request for Qualifications. Upon request, I will transfer and deliver goods or services to the
City in accordance with said terms and conditions.
__________________________________________________________________________________
LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS
__________________________________________________________________________________
BUSINESS ADDRESS
__________________________________________________________________________________
PRINTED NAME OF AUTHORIZED AGENT TITLE
__________________________________________________________________________________
SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS
__________________________________________________________________________________
FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER
(IFAPPLICABLE)
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT A
PROPOSER’S CERTIFICATION, PROPOSAL ITEM PRICING
EXHIBIT 1
CITY OF SANTA ANA
RFP No. 22-168 Downtown Santa Ana Clean & Safe Team 39
List and describe fully the contracts performed by your firm which demonstrate your ability to provide the
supplies, equipment or services included in the scope of the proposal specifications. Attach additional
pages if required. The City reserves the right to contact each of the references listed f or additional
information regarding your firm's qualifications.
REFERENCE
Customer Name:_________________________Contact Individual: ____________________________
Address: ________________________________Phone Number:
_______________________________ EMAIL: ____________________________________
Contract Amount: ________________________Year: ______________________________________
Description of supplies, equipment, or services provided:
__________________________________________________________________________________
REFERENCE
Customer Name:_________________________Contact Individual: ____________________________
Address: ________________________________Phone Number:
_______________________________ EMAIL: ____________________________________
Contract Amount: ________________________Year: ______________________________________
Description of supplies, equipment, or services provided:
__________________________________________________________________________________
REFERENCE
Customer Name:_________________________Contact Individual: ____________________________
Address: ________________________________Phone Number:
_______________________________ EMAIL: ____________________________________
Contract Amount: ________________________Year: ______________________________________
Description of supplies, equipment, or services provided:
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT B
REFERENCES
EXHIBIT 1
CITY OF SANTA ANA
RFP No. 22-168 Downtown Santa Ana Clean & Safe Team 40
Proposer understands and agrees that this written RFP (or any part thereof specifically designated and
accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer
and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with
her signature and official seal noting hereon the action of approval of the Council, signed by the Executive
Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of
this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or
deposited with the United States Postal Service properly addressed to the proposer with the correct postage
affixed thereto.
Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish
City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays,
Sundays and City’s legal holidays), or the funds, check, draft, or proposer’s bond substituted in lieu thereof
accompanying this proposal shall become the property of the City and shall be considered as payment of
damages due to the delay and other causes suffered by City because of the failure to furnish the necessary
bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to
ascertain; otherwise said funds, check drafts, or proposer’s bond substituted in lieu thereof shall be returned
to the undersigned.
Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth
in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under
the contract will be based upon the actual quantities of work satisfactorily completed.
All terms contained in the specifications, the certification of nondiscrimination by contractors, and the
required insurance certificates are to be incorporated by reference into this agreement and are made
specifically as part of this RFP.
Firm________________________________________________________________________________
Signed and Printed Name: ______________________________________________________________
Title ________________________________________________________________________________
Date
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT C
PROPOSER’S STATEMENT
EXHIBIT 1
CITY OF SANTA ANA
RFP No. 22-168 Downtown Santa Ana Clean & Safe Team 41
(Title 23 United States Code Section 112 and Public Contract Code Section 7106)
To the CITY OF SANTA ANA
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer
declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation; that the proposal is genuine and not
collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer
to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or
agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from
bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or
to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, 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 proposal are true; and, further, that the proposer
has not, directly or indirectly, submitted his or her proposal 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 proposal.
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. Proposers are cautioned that
making a false certification may subject the certifier to criminal prosecution.
Signed____________________________________________________________________________
State of ________, County of __________________________________________________________
Subscribed and sworn to (or affirmed) before me on this________ day of_____________, 20____, by
________________________, proved to me on the basis of satisfactory evidence to be the person(s)
who appeared before me.
________________________
Notary Public Signature Notary Public Seal
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT D
NON-COLLUSION AFFIDAVIT
EXHIBIT 1
CITY OF SANTA ANA
RFP No. 22-168 Downtown Santa Ana Clean & Safe Team 42
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or
her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence 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 this Federal contract, grant, loan, or cooperative agreement, the under signed
shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in
conformance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into
this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall
require that the language of this certification be included in all lower tier subcontracts, which exceed
$100,000 and that all such subrecipients shall certify and disclose accordingly.
Signed:
Title:
Firm:
Date:
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT E
NON-LOBBYING CERTIFICATION
EXHIBIT 1
CITY OF SANTA ANA
RFP No. 22-168 Downtown Santa Ana Clean & Safe Team 43
The undersigned consultant or corporate officer, during the performance of this contract, certifies as
follows:
1. The Consultant shall not discriminate against any employee or applicant for employment because of
race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that
applicants are employed, and that employees are treated during employment without, regard to their
race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination
clause.
2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of
the Consultant, state that all qualified applicants will receive consideration for employment without
regard to race, color, religion, sex, or national origin.
3. The Consultant shall send to each labor union or representative of workers with which he/she has a
collective bargaining agreement or other contract or understanding, a notice to be provided advising
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.
1. 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.
2. 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
by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract
ATTACHMENT F
NON-DISCRIMINATION CERTIFICATION
EXHIBIT 1
CITY OF SANTA ANA
RFP No. 22-168 Downtown Santa Ana Clean & Safe Team 44
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 subconsultant or vendor as a result of such direction
by the administering agency, the Consultant may request that the United States enter into such
litigation to protect the interests of the United States.
8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as
amended, no discrimination shall be made in the employment of persons upon public works because
of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital
status, or sex of such persons, except as provided in Section 1420, and any consultant of public
works violating this Section is subject to all the penalties imposed for a violation of the Chapter.
Signed:
Title:
Firm:
Date:
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
EXHIBIT 1
Page 1 of 10
AGREEMENT WITH DTSA SERVICES FOR
DOWNTOWN SANTA ANA CLEAN & SAFE TEAM
THIS AGREEMENT is made and entered into on this 21st day of February, 2023 by and between
DTSA Services, dba for Romo Enterprises, Inc., a California Corporation (“Contractor”), and the
City of Santa Ana, a charter city and municipal corporation organized and existing under the
Constitution and laws of the State of California (“City”).
RECITALS
A.On December 7, 2022, the City issued Request for Proposal No. 22-168, by which it sought
qualified contractors to provide special skill and knowledge in the field of: Downtown
Santa Ana Clean & Safe Team that will manage daily operations that include litter
maintenance, special event litter clean-up, cleaning of city-owned infrastructure (benches,
bollards, light poles, etc.), clean alleys, power wash, street closures for city-sponsored
special events, and security guard oversight.
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 22-168.
C.In undertaking the performance of this Agreement, Contractor represents that it is
knowledgeable in its field and that any services performed by Contractor under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1.SCOPE OF SERVICES
Contractor shall perform during the term of this Agreement, the tasks and obligations
including all labor, materials, tools, equipment, and incidental customary work required to fully
and adequately complete the services described in the Scope of Work that was included in RFP
No. 22-168, 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 full.
a.Work/Change Orders: During the term of this Agreement, City may provide to
Contractor one or more written work orders, change orders, delivery tickets, or other
instruments, requests or established procedures with Contractor, which shall act to
require Contractor to supply or perform those services. Each request, regardless of
form, shall be deemed a work/change order governed by and subject to the terms and
conditions of this Agreement.
2.COMPENSATION
a.City agrees to pay, and Contractor agrees to accept as total payment for its services for
EXHIBIT 2
Page 2 of 10
City, the rates and charges identified in Compensation - Exhibit C. The total amount
to be expended during the term of this Agreement shall not exceed $5,098,307, a sum
comprised of annual amounts contained in Exhibit C with contingencies therein,
incorporated here by reference.
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 Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall commence on March 1, 2023, and continue for a 3 year term with
the option for the City to grant a 2-year year renewal, exercisable in writing by the City Manager
and the City Attorney, unless terminated earlier in accordance with Section 15, below.
4. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor shall
it be construed to create an employer-employee relationship, a joint venture relationship, or to
allow the City to exercise discretion or control over the professional manner in which Contractor
performs the services which are the subject matter of this Agreement; however, the services to be
provided by Contractor shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Contractor shall pay all salaries and wages, employer's social
security taxes, unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or
caused to be prepared by Contractor under this Agreement (“Documents & Data”). Contractor
shall require all subcontractors to agree in writing that City is granted a non-exclusive and
perpetual license for any Documents & Data the subcontractor prepares under this Agreement.
Contractor represents and warrants that Contractor has the legal right to license any and all
Documents & Data. Contractor makes no such representation and warranty in regard to
Documents & Data which were provided to Contractor by the City. City shall not be limited in
any way in its use of the Documents and Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City’s sole risk.
EXHIBIT 2
Page 3 of 10
6. INSURANCE
Contractor shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property which may arise from or in connection with
the performance of the work hereunder and the results of that work by the Contractor, his agents,
representatives, employees or subcontractors.
a. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad
as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00
01 covering CGL on an “occurrence” basis, including products and completed
operations, property damage, bodily injury and personal & advertising injury
with limits no less than $2,000,000 per occurrence. If a general aggregate limit
applies, either the general aggregate limit shall apply separately to this
project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be
twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001
covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired)
and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily
injury and property damage.
3. Workers’ Compensation: insurance 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.
4. If the Contractor maintains broader coverage and/or higher limits than the
minimums shown above, the City requires and shall be entitled to the broader
coverage and/or the higher limits maintained by the Contractor. Any available
insurance proceeds in excess of the specified minimum limits of insurance and
coverage shall be available to the City.
b. Other Insurance Provisions – The insurance policies are to contain, or be endorsed to
contain, the following provisions:
1. Additional Insured Status: The City, its officers, officials, employees, and
volunteers are to be covered as additional insureds on the CGL policy with
respect to liability arising out of work or operations performed by or on behalf
of the Contractor 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 Contractor’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 forms if a
later edition is used).
2. Primary Coverage: For any claims related to this contract, the Contractor’s
insurance coverage shall be primary coverage at least as broad as ISO CG 20
01 04 13 as respects the City, its officers, officials, employees, and volunteers.
Any insurance or self-insurance maintained by the City, its officers, officials,
EXHIBIT 2
Page 4 of 10
employees, or volunteers shall be excess of the Contractor’s insurance and shall
not contribute with it.
3. Notice of Cancellation: Each insurance policy required above shall state that
coverage shall not be canceled, except with notice to the City.
4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right
to subrogation which any insurer of said Contractor may acquire against the
City by virtue of the payment of any loss under such insurance. Contractor
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 City 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. The City may require the Contractor to purchase coverage
with a lower retention or provide proof of ability to pay losses and related
investigations, claim administration, and defense expenses within the retention.
The policy language shall provide, or be endorsed to provide, that the self-
insured retention may be satisfied by either the named insured or City.
6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to
conduct business in the state with a current A.M. Best’s rating of no less than
A:VII, unless otherwise acceptable to the City.
7. Claims Made Policies: If any of the required policies provide coverage on a
claims-made basis:
1. The Retroactive Date must be shown and must be before the date of the
contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the contract of
work.
3. If coverage is canceled or non-renewed, and not replaced with another
claims-made policy form with a Retroactive Date prior to the contract
effective date, the Contractor must purchase “extended reporting”
coverage for a minimum of five (5) years after completion of contract
work.
8. Verification of Coverage: Contractor shall furnish the City with original
Certificates of Insurance including all required amendatory endorsements (or
copies of the applicable policy language effecting coverage required by this
clause) and a copy of the Declarations and Endorsement Page of the CGL policy
listing all policy endorsements to City before work begins. However, failure to
obtain the required documents prior to the work beginning shall not waive the
Contractor’s obligation to provide them.
9. City reserves the right to require complete, certified copies of all required
insurance policies, including endorsements required by these specifications, at
any time.
EXHIBIT 2
Page 5 of 10
10. Special Risks or Circumstances: Entity reserves the right to modify these
requirements, including limits, based on the nature of the risk, prior experience,
insurer, coverage, or other special circumstances.
7. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, contractors, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the
negligent operations of the Contractor, its subcontractors, agents, employees, or other persons
acting on its behalf which relates to the services described in section 1 of this Agreement; and (2)
from any claim that personal injury, damages, just compensation, restitution, judicial or equitable
relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and
hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial
or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in
this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor
further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including
fees and costs for special counsel to be selected by the City, regarding any action by a third party
challenging the validity of this Agreement, or asserting that personal injury, damages, just
compensation, restitution, judicial or equitable relief due to personal or property rights arises by
reason of the terms of, or effects arising from this Agreement. City may make all reasonable
decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing,
to the extent Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity
shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of,
pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend and indemnify the City, its officers, agents, representatives, and
employees against any and all liability, including costs, for infringement of any United States’
letters patent, trademark, or copyright infringement, including costs, contained in the work product
or documents provided by Contractor to the City pursuant to this Agreement.
9. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed
under this Agreement. Contractor shall maintain complete and accurate records with respect to
the costs incurred under this Agreement and any services, expenditures, and disbursements
charged to the City for a minimum period of three (3) years, or for any longer period required by
law, from the date of final payment to Contractor under this Agreement. All such records and
invoices shall be clearly identifiable. Contractor shall allow a representative of the City to
examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all
work, data, documents, proceedings, and activities related to this Agreement for a period of three
(3) years from the date of final payment to Contractor under this Agreement.
EXHIBIT 2
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10. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Contractor agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. “Confidential Information” shall include all
nonpublic information. Confidential information includes not only written information, but also
information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any
information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the
Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor
without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e)
is independently developed by the Contractor without reference to information disclosed by the
City.
11. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interests and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified under this
Agreement.
12. NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, gender identity, gender expression, gender, medical conditions, genetic
information, or military and veteran status, age, national origin, ancestry, or disability, as defined
and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization,
promotion, termination or other employment related activities or any services provided under this
Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all
applicable federal, state and local laws and regulations.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Contractor, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the terms
of this Agreement shall prevail. This Agreement may not be modified except by written instrument
signed by the City and by an authorized representative of Contractor. The parties agree that any
terms or conditions of any purchase order or other instrument that are inconsistent with, or in
addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each
party to this Agreement acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any
party, which is not embodied herein.
EXHIBIT 2
Page 7 of 10
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement shall
be construed to limit the City’s ability to have any of the services which are the subject to this
Agreement performed by City personnel or by other Contractors retained by City.
15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor
compensation for all services performed by Contractor prior to receipt of such notice of
termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Contractor to
deliver to the City all work product(s) completed as of such date, and in such case
such work product shall be the property of the City unless prohibited by law, and
Contractor consents to the City's use thereof for such purposes as the City deems
appropriate.
b. Payment need not be made for work which fails to meet the standard of
performance specified in the Recitals of this Agreement.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed by
the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or
remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not
similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California. Both parties further agree that
Orange County, California, shall be the venue for any action or proceeding that may be brought or
arise out of, in connection with or by reason of this Agreement.
18. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and
EXHIBIT 2
Page 8 of 10
in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
19. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed by
first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in
the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Michael Garcia, Executive Director,
Community Development Agency
City of Santa Ana
20 Civic Center Plaza (M-25)
P.O. Box 1988
Santa Ana, California 92702
To Contractor:
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by fax, communication shall be effective or deemed to have
been given twenty-four (24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating these
time frames, weekends, federal, state, County or City holidays shall be excluded.
Jose Romo
General Manager
DTSA Services
201 E. 4th Street
Santa Ana, CA 92701
EXHIBIT 2
Page 9 of 10
20. FUNDING-RELATED PROVISIONS
Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local
Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds
(“CSLFRF”) program, will be used to fund all or a portion of this Agreement. As applicable,
Consultant shall comply with all federal requirements including, but not limited to, the following,
all of which are expressly incorporated herein by reference:
a. Sections 602 and 603 of the Social Security Act as added by Section 9901 of the
American Rescue Plan Act of 2021 (the “Act”);
b. U.S. Department of the Treasury (“Treasury”) Final Rule for the Act, available at
https://www.govinfo.gov/content/pkg/FR-2022-01-27/pdf/2022-00292.pdf;
c. Treasury Compliance and Reporting Guidance for the Act, available at
https://home.treasury.gov/system/files/136/SLFRF-Compliance-and-Reporting-Guidance.pdf;
d. 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of the
Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions
as may be otherwise provided by the U.S. Department of the Treasury;
e. Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions;
and
f. Federal contract provisions attached hereto as Exhibit D and incorporated herein
by reference.
Subcontracts, if any, shall contain a provision making them subject to all of the provisions
stipulated in this Agreement. With respect to any conflict between such federal requirements and
the terms of this Agreement and/or the provisions of state law and except as otherwise required
under federal law or regulation, the more stringent requirement shall control.
21. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of
this Agreement, and shall indemnify City fully, including reasonable costs and
attorney’s fees, for any injuries or damages to City in the event that such authority
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.
[signature page to follow]
EXHIBIT 2
EXHIBIT 2
EXHIBIT A
SCOPE OF SERVICES
EXHIBIT 2
Exhibit A – Scope of Services
1
Downtown Santa Ana Clean and Safe Team
Santa Ana is downtown for the world famous Orange County, California. It is the County Seat,
the second-most populous city in Orange County, and is home to a vibrant evening scene and
arts community. Furthermore, Downtown Santa Ana (DTSA) is known as a foodie destination as
well as a retail hub. There are over 600 businesses and approximately 3,000 residents in DTSA.
Below is a map of the Downtown area. In years past, the Clean & Safe Team was funded at an
amount of $500,000 annually. The City is seeking competitive proposals and is open to
negotiations.
Scope of Services At-a-Glance
1. Litter Maintenance
2. Special Event Litter Clean-Up/Maintenance
3. Clean & Empty Trash Cans
4. Clean Outdoor Benches, Bollards, & Light Poles
5. Clean Parklets
6. Clean Alleys
7. Clean Bus Stops
8. Street Closures
9. Power Wash
10. Security Guard Oversight
11. Staffing
12. Equipment & Facilities
EXHIBIT 2
Exhibit A – Scope of Services
2
Contractor shall perform the services as set forth below.
1.Litter Maintenance
a.“Litter” is defined as, but is not limited to:
i.Boxes;
ii.Cans;
iii.Papers
iv.Containers marked “trash” (or are obviously trash);
v.Unwanted or useless materials, or rejected matter.
b.“Waste” includes, but is not limited to:
i.Gum;
ii.Food remains;
iii.Sewage
iv.Excrement;
v.Grease;
vi.Dust;
vii.Dirt;
viii.Decals
ix.Liquid or dried matter;
x.Oily or sticky substances; and
xi.
c.Remove litter from all outside surfaces including, but not limited to, sidewalks,
curbs, tree grates, and store entries. All litter from such surfaces shall be removed
from the area and emptied into a designated trash dumpster or receptacle in such
a manner as to prevent the adjacent area from becoming littered by such trash.
d.Waste shall be removed from all outside surfaces including, but not limited to,
sidewalks, curbs, tree grates, store entries, and trash receptacles. All waste from
such surfaces shall be removed from the area and emptied into a designated trash
dumpster or receptacle in such a manner as to prevent the adjacent area from
becoming soiled by such waste. Waste removal shall be accomplished by the
complete and thorough removal of said substances from the area—not by moving
it from one surface to another or covering said substances with sand or similar
materials.
2.Special Event Litter Clean-Up/Maintenance
a.Clean & Safe Team will provide litter clean-up/maintenance services for
designated special events that are approved by the City.
b.Provide litter clean-up for on-call situations after special events that do not provide
adequate clean-up, must be approved by the City.
c.Contractor may access City water resources to fill K-Rails for use at special events
that are approved by the City.
EXHIBIT 2
Exhibit A – Scope of Services
3
3.Clean & Empty Trash Cans
a.All 90+ trash containers within the downtown business district shall be emptied and
cleaned at least five (5) times per day, everyday. Trash including, but not limited
to, boxes, cans, papers, and other containers marked “trash” (or clearly trash
items) shall be removed, along with the liner. All trash from such garbage
receptacles shall be removed from the downtown district and emptied into a
designated trash dumpster or receptacle in such a manner as to prevent the
adjacent area from becoming littered by such trash.
b.Any trash containers that may become filled prior to the scheduled routing
cleaning, particularity between the hours of 11:00 AM and 4:00 PM daily, shall be
emptied as needed. Trash containers should never have accumulated trash or
waste above the level of the container. Whether full or not, container shall be
emptied and cleaned if it is omitting a foul, rancid, or putrid odor or showing signs
of insect or rodent infestation.
c.Insert new liners into trash containers, securing said liners in such a manner as to
present a neat uniform appearance and replacing container lids in their correct
position.
d.Remove all waste including, but not limited to, gum, food remains, sewage,
excrement, grease, dust, dirt, decals, liquids, dried matter, oily or sticky
substances, and graffiti, etc. from the surface of trash containers using a clean
cloth or rag, and germicide detergent solution. Cleaning shall be accomplished by
the complete and thorough removal of said substances from the area—not by
moving it from one surface to another or covering said substances with sand or
similar materials. This includes, but is not limited to, the cleaning of the immediate
area surrounding the trash containers.
4.Clean Outdoor Benches, Bollards, & Light Poles
All benches, bollards and light poles within the area shall be cleaned on a regular
basis using clean cloths and a detergent solution. Remove all waste including,
but not limited to, gum, food remains, excrement, grease, dust, dirt, litter, liquids,
dried matter, decals, sticky substances, graffiti, etc. leaving object in working
condition. The immediate area surrounding the object shall be cleaned in the same
manner.
5.Clean Parklets
a.Pick-up litter and waste seven (7) days per week on an average of 40 hours per
week.
b.Litter and waste shall be removed from all outside surfaces including, but not
limited to, sidewalks, curbs, and store entries. All litter from such surfaces shall
be removed from the area and emptied into a designated trash dumpster or
receptacle in such a manner as to prevent the adjacent area from becoming littered
by such trash. Wipe down parklet structure on a daily basis.
c.Conduct light power washing of the parklets on an as needed basis. “Light Power
EXHIBIT 2
Exhibit A – Scope of Services
4
wash” is defined as the simultaneous mechanical removal of materials or pollutants
from the surface for the pavement, through application of water under pressure
with elevated temperatures used in the cleaning process and collection of waste
and water (light pressure, only to be done in spots or areas of need, conducted
minimally).
d.Process used shall leave the area clean and free from stains and of all loose,
embedded materials including chewing gum. The cleaning process must not
damage the concrete surfaces or the brick paver surface. All gum must be
removed from the paver, concrete and other sidewalk surfaces.
e.Use the appropriate materials to clean or repair the parklets as needed. Contractor
will provide the necessary and needed materials for parklet repairs such as, but
not limited to the following items:
i.Wood Sealer (flooring or wood rails)
ii.Paint & Brushes & Roller Brushes
iii.Sand Paper
iv.Extra Wood flooring pieces for replacements if needed
f.Parklets Locations:
i.Bird & Barrel at 305 E. 4th Street Suite 105 – Parklet with shade sail
ii.Frida Cinema at 305 E. 4th Street Suite 100 – Parklet with shade sail
iii.Chevita’s Juice at 209 W. 4th Street – Parklet with shade sail
iv.4th Street Market at 201 E. 4th Street – Parklet with shade sail
v.Chapter One at 227 N Broadway – Parklet with shade sail
vi.Mission Bar at 308 N Main Street – Parklet with shade sail
vii.Next Round Bar & Grill at at 200 N Broadway – Parklet with shade sail
g.Contractor may be responsible for the dismantling, removal and disposal of
Parklets that are in subpar condition, as determined by and in the discretion of the
City., Contractor may sub-contract such services to dismantle, remove or dispose
of Parklets and utilize the approved budget for such work.
6.Clean Alleys
a.Alleys shall be clear of trash, waste, shopping carts, pallets, leaves, and
excrement. Shopping carts shall be picked up and taken to shopping center
parking lot. Boxes shall be flattened and placed securely in trash container in such
a manner as to not protrude excessively. Excrement shall be picked up and
disposed of properly, and area washed down with proper germicidal solution.
b.Downtown Alley Locations:
i.100 East Fourth Street (south alley)
ii.200 East Fourth Street (south alley)
iii.300 East Fourth Street (north and south alley)
iv.100 West Fourth Street (south alley)
v.200 West Fourth Street (south alley)
vi.300 West Fourth Street (south alley)
EXHIBIT 2
Exhibit A – Scope of Services
5
vii.400 West Fourth Street (south alley)
7.Clean Bus Stops
a.Bus stop areas are cleaned by the City of Santa Ana’s contractor, however, the
Clean & Safe Team will complement the cleaning of the bus stops by cleaning all
debris, bum, dirt, grime, oil, stains and other fluids. Clean & Safe Team will not be
responsible for emptying the locked trash container at the bus stops.
b.Downtown Bus Stop Locations:
i.400 North Main west side of street
ii.300 North Main east side of street
iii.200 West 5th street south side of street
iv.200 East 5th street south side of street
v.100 West Santa Ana Boulevard north side of street
vi.200 East Santa Ana Boulevard north side of street
8.Street Closures
a.Provide street closure services with approved Traffic Control Plans as approved
by Public Works Agency for special events approved or co-sponsored by the City.
The City owns various street closure equipment and signs which may be available
for Contractor’s use upon coordination.
b.Set up water-filled k-rails, barricades, traffic cones, traffic signs, A-frames, and
ensure safe street closures.
c.Remove street closure equipment, track inventory, and properly store equipment
in storage areas.
d.Contractor must be capable of creating Traffic Control Plans to be reviewed and
stamped by a traffic control engineer for any street closure needed in DTSA.
e.Contractor must have experience to perform street closure services.
f.Special event street closures often occur during the early part of the morning and
late at night, between 4:00 AM or 5:00 AM and removal of equipment at 11:00PM
to 2:00AM. Noise levels must be maintained to a minimum after 10:00PM.
g.Contractor may use water from City-owned facilities within Downtown Santa Ana
for the purpose of cleaning or traffic control equipment.
9.Power Wash
a.“Power wash” is defined as the simultaneous mechanical removal of materials or
pollutants from the surface for the pavement, through application of water under
pressure with elevated temperatures used in the cleaning process and collection
of waste and water.
b.Process used shall leave the area clean and free from stains and of all loose,
EXHIBIT 2
Exhibit A – Scope of Services
6
embedded materials including chewing gum. The cleaning process must not
damage the concrete surfaces or the brick paver surface. All gum must be
removed from pavers, concrete, and other sidewalk surfaces.
c.Sidewalks: All gum, dirt, grime, oil, stains and other fluids shall be removed from
the sidewalls by using power washing equipment.
d.Bus stops: Bus stop areas are cleaned by another City contractor, however, the
Clean & Safe Team will compliment the cleaning of bus stops by cleaning all
debris, gum, dirt, grime, oil, stains, and other fluids. Clean & Safe Team will not be
responsible for emptying locked trash containers at bus stops.
e.Subcontracting for power washing services is acceptable. Contractor shall require
and verify that all subcontractors maintain insurance meeting all the requirements
stated herein within the Agreement with DTSA Services for Downtown Santa Ana
Clean & Safe Team, and Contractor shall ensure that the City is a named additional
insured on insurance policies required from subcontractors.
f.Downtown Bus Stops:
i.400 North Main west side of street
ii.300 North Main east side of street
iii.200 West 5th street south side of street
iv.200 East 5th street south side of street
v.100 West Santa Ana Boulevard north side of street
vi.200 East Santa Ana Boulevard north side of street
g.Power wash alleys: Alleys are to be cleaned of a debris, bum, dirt, grime, oil, stains
and other fluids.
h.Contractor may use water from City-owned facilities within Downtown Santa Ana
for the purpose of cleaning or traffic control equipment.
i.The following are alley locations within the Downtown:
100 East Fourth Street (south alley)
200 East Fourth Street (south alley)
300 East Fourth Street (north and south alley)
100 West Fourth Street (south alley)
200 West Fourth Street (south alley)
300 West Fourth Street (south alley)
400 West Fourth Street (south alley)
Second Street Promenade (once per week, see area map below)
EXHIBIT 2
Exhibit A – Scope of Services
7
10.Security Guard Oversight
a.Contractor must have experience supervising a security guard team.
b.Will assist in coordinating, securing, and compensating additional or on-call
security guards for special events or emergencies or as needed with approval by
the City.
c.The City currently has a contract in place for security guards services, which will
expire within 2 years or sooner. The City will continue to oversee that service and
pay the contractor directly until the agreement termination.
d.The initial years of the contract will exclude the cost of security, but during the 2nd
or 3rd year of this contract, the funding will increase to cover the cost of security
guards services in DTSA.
e.Thereafter, the selected contractor for the DTSA Clean & Safe Team will be solely
responsible for procuring, hiring, compensating and overseeing the security guard
company for the duration of the contract. The agreement will be augmented to
cover the cost of security guard services.
f.Security Guard services in DTSA consist of guard services seven (7) days per
week, one (1) security guard per shift, based on the schedule outlined below
(subject to change based on need and/or special events):
i.Monday-Wednesday 9:00 AM–10:00 PM
ii.Thursday 9:00 AM—12:00 PM
iii.Friday 9:00 AM—12:00 AM (midnight)
iv.Saturday 10:00 AM—12:00 AM
v.Sunday 10:00 AM—10:00 PM
11.Staffing
a.Staffing should be experienced in the cleaning/maintenance industry with proper
EXHIBIT 2
Exhibit A – Scope of Services
8
uniforms and equipment to execute the service well with experience working in
downtown areas and government.
b.Clean & Safe Team staff must be readily available within 5-10 minutes upon
service calls from merchants, visitors, residents, and staff.
c.Supervisor must be onsite and respond in person within five (5) minutes to any
calls for service by the City.
d.Supervisor must attend weekly meetings at City Hall or other designated locations.
e.Supervisor must be involved in the planning stages of all events taking place in
DTSA and provide logistics support.
f.Sufficient staff levels should be made available on a daily basis.
g.A supervisor must be available during normal business hours between 8 A.M. – 5
P.M. and must be accessible after hours in case of an emergency or urgent
situation. Must also, be available during special events (off hours) to ensure proper
supervision, productivity, and to maintain quality of service. Special events typically
occur on weekends and/or evening hours.
h.Supervisors are expected to attend City weekly meetings and other monthly
meetings, as needed.
i.From time to time, staff should be available as needed to distribute flyers on behalf
of the City for programs, events, etc.
j.Staffing schedules may vary based on City needs and/or special events, but in
general should be available before most businesses open in order to clean DTSA
as early as possible. The schedule below has historically been successful, but can
be modified upon mutual agreement based on service needs during the term of
the contract:
i.Litter Team:Monday – Sunday 7:00 AM – 9:00 PM
ii.Power Washing Team:Monday – Sunday 4:00 AM – 10:00 PM
12.Contractor’s Equipment & Facilities
a.Contractor must have the following at minimum:
i.Two (2) 4-cubic yard waste containers; and
ii.One (1) 4-cubic yard recycle container.
Note: All three (3) 4-cubic yard containers must be kept in a safe and enclosed
location in Downtown Santa Ana.
b.Trash must be serviced daily by Republic Services (City’s contracted trash hauler)
and at Contractor’s expense. The City’s trash dumpster shall not be used.
c.Contractor must have at least one truck available every day from 7:00 AM to 9:00
PM for staff use to transport bags full of trash to waste containers.
EXHIBIT 2
Exhibit A – Scope of Services
9
d. Contractor must have a storage space in DTSA to store cleaning equipment and
supplies (leased space is appropriate). Storage space must be secured and
maintained at Contractor’s sole expense.
e. Contractor may use water from City-owned facilities within Downtown Santa Ana
for the purpose of cleaning or traffic control equipment.
f. Contractor may consider the purchase of a Utility Golf Cart to use for maintenance
needs, traffic control equipment transportation, and other miscellaneous needs in
Downtown Santa Ana. The Utility Golf Cart would be purchased by the Contractor,
but would be the property of the City of Santa Ana. Maintenance services for Utility
Golf Cart including maintenance, repairs, and towing will be provided by the City
of Santa Ana’s Fleet Division at the City’s expense. The Utility Golf Cart must be
stored within Downtown Santa Ana or other City facilities as approved by the City.
Contractor must maintain and budget for insurance for the Utility Golf Cart
throughout the term of Agreement, in accordance with the Agreement. Staff that
operate the Utility Golf Cart must hold a valid California Driver’s License and be in
good standing.
EXHIBIT 2
EXHIBIT B
CONTRACTOR’S PROPOSAL
EXHIBIT 2
EXHIBIT 2
a. Cover Letter
04 b. Services Provided
03
05
07
11
12
14
15
TABLE OFCONTENTS
d. Firm and Team Experience
e. Proposed Work Plan
Cost Proposal
Exhibit B
Power Wash Frequency Schedule
Exhibit A
Cost Proposal Explanations
Certifications
Attachments A-F
22 Letters of Recomendation
c. Agreement Statement
Statement of Qualifications 02
EXHIBIT 2
1
DTSA SERVICES PROPOSAL
FOR
DOWNTOWN SANTA ANA
CLEAN AND SAFE TEAM
Response to RFP No. 22-168
Primary Contact
Jose Romo, General Manager
714-612-9227
romo9227@gmail.com
Company Address
201 E. 4th Street
Santa Ana, CA 92701
EXHIBIT 2
STATEMENT
OF QUALIFICATIONS
Our team is comprised of hardworking
individuals dedicated to the cleanliness,
upkeep, security oversight and event
services of Downtown Santa Ana.
We have extensive knowledge of the area
and have built loyal and trusted
relationships with Downtown Santa Ana
stakeholders.
As a member of the International
Downtown Association, we stay up to date
with the latest trends and provide
improved services to our community.
We are an experienced team dedicated
solely to Downtown Santa Ana. This allows
us to effectively assess and respond to the
needs of the businesses and residents
quickly and effectively.
DTSA Services team members also act as
Ambassadors of Downtown Santa Ana
providing constant guidance and help to
all creating a positive experience, which is
key for customer and visitor retention.
DTSA Services team thrives on making
Downtown Santa Ana appealing, vibrant
and safe for the enjoyment of residents,
employees, customers and visitors.Primary Contact
Jose Romo, General Manager
714-612-9227
romo9227@gmail.com
Our unique approach, loyalty and
dedication to this community makes
us the best candidate to continue
providing these critical services to
the Downtown Santa Ana
community.
201 E. 4th Street, Santa Ana, CA 92701
Established in 2009, we are a small,
minority owned, local Santa Ana
company.
With over 50 years of combined
team experience in Downtown
Santa Ana, we are vested in the
success and future growth of the
area.
EXHIBIT 2
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January 5, 2022
Ms. Julie Castro
Economic Development Specialist II
20 Civic Center Plaza
Santa Ana, CA 92701
Dear Ms. Castro,
Building upon our history of commitment and service to the City of Santa Ana, DTSA Services is pleased
to present a proposal to provide Clean & Safe services in Downtown Santa Ana. Our company has unique
expertise and history in the area, making us the ideal company to provide these critical services.
Since 2014, our dedicated team has devoted great efforts to uplift our community by cleaning and upkeeping
the Downtown area. I am proud to share that we have successfully and efficiently maintained eighty-two
blocks, ensuring they are clean, safe, appealing to visitors and a source of pride for all Santa Ana residents.
DTSA Services is a DBA of Romo Enterprises Inc, a California corporation. We are proudly headquartered
in Downtown Santa Ana and have provided Clean & Safe services to the Downtown area for the past nine
years. Apart from our extensive experience, our team has strong ties to Santa Ana, with six of our employees
being Santa Ana residents, and three of them residing within Downtown Santa Ana. In my capacity as
President and General Manager of DTSA Services, I oversee the daily operations of our Clean and Safe
Team and maintain an office, employee rest area, cleaning equipment, supplies and waste containers
enclosure in the heart of Downtown Santa Ana. Our readiness to serve the community within minutes is
ensured by being within this area of service.
In the course of providing cleaning services, we have attained incomparable historical knowledge of the
area and its operations and established strong relationships with a variety of stakeholders, including
businesses and residents. It is my philosophy that it is important to build bonds with the community so that
they can be part of the long-term maintenance and beautification of the area. Downtown Santa Ana is an
evolving area, and it is important that whoever is chosen to provide these services is familiar with the
challenges and unique dynamics of the area.
As our name states, DTSA Services is here to serve Downtown Santa Ana. We believe that the enclosed
proposal presents a comprehensive service plan that will continue to uplift the area and look forward to
continuing to work with the City of Santa Ana for the betterment of the community.
Sincerely,
Jose Romo
President and General Manager
(714) 612-9227 | E-mail: romo9227@gmail.com
a. Cover Letter
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b. Services Provided
Downtown Santa Ana is an urban center, county seat and the heart of Orange County. With its rich culture
and history, it is the perfect setting for shopping, great dining and a multitude of unique and diverse
programming and entertainment. An integral part of delivering a desirable environment to guests and local
businesses is by ensuring that our Downtown area is clean and safe for all to enjoy. DTSA Services takes
pride in having been a member of the business community and in having provided these critical services
for the past nine years.
While long-standing businesses continue to prosper, Downtown Santa Ana is constantly changing. A
growing evening scene and new art galleries have boosted the area’s commerce by extending business hours
into the evening. The Downtown area is also experiencing a significant housing boom with approximately
3,000 people living in the area. Within a year, this number of residents will double.
With our understanding of Downtown Santa Ana’s current clean & safe needs, we’ll provide the
following services:
● Litter Maintenance: Remove litter and waste from all outside surfaces including but not limited
to sidewalks five times per day.
● Special Event Litter Clean-Up Maintenance: Provide cleaning services during and after City
approved events.
● Clean and Empty Trash Cans: Replace the 90 trash can liners five times per day and wipe down
trash cans.
● Clean Outdoor Benches, Bollards and Light Poles: Wipe down outdoor furniture daily.
● Clean Parklets: Remove litter and waste daily. Light power wash as needed.
● Clean Alleys: Remove trash, waste, excrement, etc. from alleys daily.
● Clean Bus Stops: Complement cleaning services of bus stops daily.
● Street Closures: Provide street closure services for City approved events.
● Power Wash: Power wash all 82 sidewalks and 7 alleys monthly following a specific schedule.
● Security Guard Oversight: Daily supervision of security guards.
● Staffing: Provide experienced and required level of staff on a daily basis.
● Equipment & Facilities: Provide adequate trash containers, vehicles, and storage facilities.
In addition to the services required on the Request for Proposal DTSA Services will conduct the following
assessment:
● Daily Downtown Area Needs Assessment: Following our current practices, DTSA Services will
conduct a walkthrough inspection of the entire Downtown area and report vandalism, homeless
encampments, abandoned property, etc. to the appropriate City of Santa Ana agency. If vandalism
is identified, DTSA Services will contact the Santa Ana Police Department and the business owners
impacted.
c. Agreement Statement
DTSA Services has read and reviewed the Sample Agreement of this Request for Proposals No. 22-168 for
Downtown Santa Ana Clean & Safe Team. We concur with all provisions contained in Exhibit III – Sample
Agreement.
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d. Firm and Team Experience
DTSA Services Mission Statement:
To Provide a Clean and Safe environment with efficient, prompt, and professional
service for the enjoyment of Downtown Santa Ana residents, employees, customers
and visitors.
DTSA Services began providing cleaning services in Orange County in 2009 and was selected to provide
Clean & Safe services in Downtown Santa Ana in 2014. DTSA Services is located in Downtown Santa Ana
(201 E. 4th Street, Santa Ana, CA 92701) and provides the following services:
● Litter pick-up and maintenance
● Clean and empty trash cans
● Clean outdoor benches, bollards, and light poles
● Clean bus stops
● Clean parklets and minor repairs
● Power wash services
● Special event litter clean-up during and after event
● Security guard oversight
● Special event street closures and logistic services
● Traffic control plans
● Consulting services
Meet Our Team
The Ambassadors of Downtown Santa Ana
DTSA Services employees take pride in serving as ambassadors to Downtown Santa Ana visitors. In
addition to ensuring the upkeep of the area, our team members provide directions, answer questions, and
greet people with warm smiles. DTSA Services has nine employees dedicated to maintaining and
upkeeping Downtown Santa Ana. Six employees are Santa Ana residents and three of them live in
Downtown Santa Ana.
DTSA Services team members have the experience to contact SMART when needed. The Santa Ana Multi-
Disciplinary Response Team (SMART) dispatches outreach workers, case managers, substance abuse
professionals, mental health clinicians, nurse practitioners and plain-clothes private safety officers for non-
emergency homeless related issues.
EXHIBIT 2
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Project Manager
JOSE ROMO
President and General Manager
Jose Romo is dedicated full time to oversee the team
members of the Downtown Santa Ana Clean & Safe
Program.
Jose emigrated to Orange County in 1985 and made Santa
Ana his home. He attended Santa Ana College and
California State University, Fullerton. In 1991 he had an
opportunity to work in Downtown Santa Ana and has never
left the area.
Jose has been part of the fabric of Downtown Santa Ana for over 30 years. Starting as a store manager for
five years, Jose then took on the challenge and responsibility to be a business owner and consultant. Jose
owned three retail stores on 4th Street in Downtown Santa Ana until the early 2010’s before deciding to
focus his time on the cleaning services business he started in 2009. In 2014, Jose’s company was selected
to provide Clean & Safe services to Downtown Santa Ana.
Jose has created relationships with most of the 600 current Downtown Santa Ana business owners and
many residents, including the HOA presidents. Jose responds to all calls for service personally and follows
up with individuals that requested the service. Jose visits colleagues, neighbors, and members of his
community frequently to make sure there is constant and clear communication regarding the Clean and Safe
needs of Downtown Santa Ana. He also attends the local association’s meetings and gives a report of daily
activities.
Jose understands the current Clean & Safe needs of Downtown Santa Ana. Members of the community
know they can call him anytime and trust issues to be resolved within minutes. Jose has earned the trust of
the Downtown Santa Ana community with hard work, responsiveness, and results.
Jose is a firm believer in teamwork and builds highly successful teams. As a testament of his leadership,
most of the DTSA Services team members are long time employees. Every day, Jose spends time with his
employees, briefing them of any issues and assisting them in their routines. Jose has never had staffing
problems, a feat that he attributes to his belief in paying employees above the industry average and treating
them with respect and gratitude.
Jose is a member of the International Downtown Association. Jose has attended several meetings of the
International Downtown Association and has had the opportunity to hear and share Downtown Clean and
Safe experiences of other cities around the country.
Jose is excited for the opportunity to continue providing services to Downtown Santa Ana. Jose is also
ready and willing to make any necessary changes to the services or team schedules as the needs of
Downtown Santa Ana continue to grow and evolve.
EXHIBIT 2
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e. Proposed Work Plan
DTSA Services has read and reviewed the Scope of Services in the Request for Proposals No. 22-168 for
Downtown Santa Ana Clean & Safe Team. We are capable and ready to provide all of the work and services
requested.
Anticipated Approach
DTSA Services is ready to provide Clean & Safe services on or about March 1, 2023. Below you will find
details of deliverables and implementation plan.
1. Litter Maintenance
DTSA Services divides Downtown Santa Ana into the following 3 areas:
● 4th Street and Alleys.
● 1st Street to 3rd Street.
● North of 4th Street to Civic Center Dr.
Three DTSA Services porters start their shift at 7 am. Each porter is assigned to a specific area. Porters
remove trash, boxes, cans, papers, food remains, excrement from sidewalks, curbs, and store entries. Waste
is removed from sidewalks, curbs, and store entries. Porters end their shift at 4 pm.
To ensure there are no gaps in service, two other DTSA Services porters start their shift at 3 pm. Each
porter is assigned to a specific area. Porters remove trash, boxes, cans, papers, food remains, excrement
from sidewalks, curbs, and store entries. Waste is removed from sidewalks, curbs, and store entries. Porters
end their shift at 9 pm.
The first crew cleans the assigned area three times daily during their shift. The second crew cleans the
assigned area twice daily.
DTSA Services will only use Eco-friendly chemicals and cleaning products while conducting all cleaning
activities.
2. Special Event Litter Clean-Up/Maintenance
DTSA Services will provide clean up services during and after special events. Working with the City of
Santa and Event Producers to understand the type, size, and attendance of the event, we will assign porters
to clean the area. At minimum, two porters are assigned per event block to provide clean-up services during
an event.
3. Clean and Empty Trash Cans
Litter maintenance porters will conduct daily trash can maintenance. Our porters will empty the 90+ trash
cans in the area and sanitize them both inside and outside. All trash will be removed along with the liners.
All 90+ trash cans will be cleaned and emptied at least five times daily. Liners will also be properly secured.
Trash cans will be cleaned using a clean cloth and a germicide detergent solution. All decals and graffiti
will be removed as needed. When a business owner or resident requests a trash can to be cleaned or emptied,
DTSA Services will typically respond within five minutes.
EXHIBIT 2
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4. Clean Outdoor Benches, Bollards and Light Poles
Benches, bollards, and light poles will be cleaned by the litter maintenance crew during their route(s). All
waste, posters, flyers, and decals will be removed. Benches, bollards, and light poles will be properly
cleaned daily.
5. Clean Parklets
One DTSA Services porter is assigned to clean the seven DTSA parklets starting at 7 am daily. The porter will
remove all litter and waste. Light power washing and repairs will be conducted on an as needed basis by a DTSA
Services manager. All materials will be provided.
6. Clean Alleys
One of the litter maintenance porters is in charge of cleaning the alleys. All alleys are cleaned three times
daily, and, on several occasions, they are cleaned more than three times per day. All alleys will be cleared
of trash, waste, shopping carts, pallets, leaves, and excrement.
7. Clean Bus Stops
The litter maintenance porters will complement the cleaning of the bus stops during their regular route(s).
8. Street Closures
The DTSA Services manager will meet with the event organizer three months prior to the date of the event
to provide support and review the event area. The DTSA Services manager will create a Traffic Control
Plan for the event to be reviewed and stamped by a traffic control engineer. DTSA Services will provide
street closure services for up to six City approved events. DTSA Services will setup the following
equipment:
● K-rails
● K-rails will be filled up with water
● Pedestrian steel barricades
● Street closure signs
● Traffic cones
● A-frames
DTSA Services will ensure safe street closures and will follow the event’s Traffic Control Plan. DTSA
Services will have streets closed in a safe manner by 6 am and will start removal of equipment once all
event vendors have left the area, usually between midnight and 1 am. DTSA Services will also ensure noise
levels are maintained at a minimum during setup and removal of equipment.
9. Power Wash
DTSA Services will provide power wash services in Downtown Santa Ana every day of the week. Power
washing in Downtown Santa Ana will take place daily from 4 am to 10 am. Power wash will leave
sidewalks, bus stops, and alleys free from stains and loose, embedded materials including chewing gum,
debris, dirt, grime, oil, urine, and other fluids. Power wash in residential areas will take place starting at 8
am. DTSA Services will follow all power wash industry standards.
EXHIBIT 2
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10. Security Guard Oversight
DTSA will provide the following services:
● Develop a security guard schedule.
● Adjust security guard schedule as needs change.
● Assign work areas for officers to patrol.
● Meet security guard(s) daily.
● Brief security guard(s) on previous day’s developments.
● Provide direction on any follow up needed.
● Inform security guards of areas that need attention.
● Supervise/walk Downtown Santa Ana daily to monitor security guard activity.
● Request and review incident reports.
● Continue to serve as the contact for merchants who request security guard services.
● Communicate directly with businesses, residents, event organizers, and other DTSA members on
security guard services/needs.
● Follow up with Downtown Santa Ana police officers on any incidents.
● Provide to the Downtown Liaison feedback received from the Downtown Santa Ana community
regarding security guards’ performance.
● Develop effective relationships with all security personnel.
● Act as intermediate contact between Downtown Santa Ana community and security guard
company.
● Provide constant feedback to Downtown Liaison of security guard fit in the DTSA community.
● Ensure effective and constant communication between security guards and DTSA SAPD officers.
11. Staffing
DTSA Services will provide experienced personnel with proper uniforms, equipment, and supplies.
Adequate number of staff will be made available daily. Six members of DTSA Services who will be
assigned to the Clean & Safe team live in Santa Ana. Three of them live in Downtown Santa Ana.
The DTSA Services manager will be onsite and will respond in person typically within five minutes to any
calls for service. DTSA Services porters will respond within ten minutes to any service calls from
merchants, residents, visitors, and staff.
DTSA Services is currently leasing office and storage facilities in Downtown Santa Ana. All equipment
and cleaning supplies will be kept in that storage.
DTSA Services will be involved in the planning stages of all events taking place in Downtown Santa Ana
and will provide logistics support.
DTSA Services manager will attend all required meetings at City Hall or any other designated location.
DTSA Services is located in Downtown Santa Ana. The DTSA Services manager works from the leased
office in Downtown Santa Ana and supervises the crew daily. The DTSA Services manager is onsite during
the duration of all downtown events and personally supervises clean up and street closure services.
DTSA Services staff will always be ready to distribute flyers on behalf of the City of Santa Ana programs,
events, etc.
EXHIBIT 2
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12. Contractor’s Equipment & Facilities
DTSA Services currently has the following equipment:
a. Two 4-cubic yard waste containers
b. One 4-cubic yard recycle container
c. Pickup truck available 7 am to 9 pm to transport bags full of trash to waste containers
Waste and recycle containers are in a leased space in Downtown Santa Ana. Containers are kept in a clean,
safe, and enclosed location. Republic Services provides daily pick-up service.
13. Suggestions
a. Downtown Santa Ana will double its number of residents and pets in the next couple of years.
Planning for the new pets should be started soon. Communication, and education with pet owners
is a must. Installation of “Clean up After your Dog” signage should be considered.
b. DTSA Services is willing to add litter maintenance of the upcoming skate park to the scope of
services.
DTSA Services has the needed permanent full-time positions to provide all the above services. DTSA
Services has the ability to scale staff according to the needs of Downtown Santa Ana.
DTSA Services supports the right of its employees to Unionize.
EXHIBIT 2
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Cost Proposal
DTSA Services will submit invoice for services provided on the last day of the
month. Payment terms: Net 15.
DTSA Services is open to negotiate the above cost proposal to best meet the
needs and budget of the City of Santa Ana.
EXHIBIT 2
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Exhibit A
Cost Proposal Explanation
EXHIBIT 2
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Exhibit A
Cost Proposal Explanation- Continued
EXHIBIT 2
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Exhibit B
Power Wash Frequency Schedule
EXHIBIT 2
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Certifications
EXHIBIT 2
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January 6th, 2023
Julie Castro
Economic Development Specialist II, Community Development Agency
I am writing this letter to offer my full support and importance for Jose Romo's team to carry on
the Clean & Safe program for the downtown. As a business owner on a corner who is at my
business nearly every day, I believe this position will be best facilitated by Mr. Romo's crew.
They demonstrate care, professionalism, understanding and a connection to the environment they
have served that would far exceed the work of other proposals offered. This position is of
extreme importance and this is why I am writing to you.
Jose's team has been an integral part of the downtown fabric for years. Anyone who has a
business here knows this as the team not only by name but the team knows all of us by name and
needs as well. This alone is extremely important and is invaluable as the dynamic of this area
needs the care and knowledge that only a team with on-hand experience and institutional
knowledge has. Jose's team has this experience--they have never faltered in their tasks.
I have known Jose for over 20 years, since I helped to start the first farmers' market in
downtown. His commitment to the district, the businesses, people and customers is unparalleled
to anything that can be proposed. You simply cannot replace the years of work he and the team
have done. And quite honestly, we as a district that has been through so much over the past 3
years would appreciate and thrive with a team that understands our needs, our personalities, and
just the landscape that is unique and special. This team gets it and Jose gets it as leading this
team.
Some examples of how Jose's team is vital to the area:
- during the George Floyd demonstrations in Spring 2020: Jose and team members waited with
me in front of my shop immediately without call to make sure the 4th street area was protected
until police had a lockdown of the area.
- constant immediate cleaning of the street/trash/loiters
- assisting neighbors when there were disruptions in the market and street
- assisting with clean communication when there was an interruption in the downtown
- his team on a number of times have taken the lead to communicate to other business owners,
customers of disturbances that affect the greater area -- not just a single business.
There are simply not enough ways to demonstrate how this team is as personable as they are
efficient. This team's work cannot be replicated because this team actually CARES for the area
and it shows every day. I see it constantly and it would give me concern to have a management
team who did not understand the area put into a position of care who did not have the years of
experience and natural appreciation for the downtown as Jose and his team has.
I am more than happy to meet, write more, or do more to further show my support.
Letter of Recommendation
EXHIBIT 2
23
January 6th, 2023
Julie Castro
Economic Development Specialist II, Community Development Agency
I am writing this letter to offer my full support and importance for Jose Romo's team to carry on
the Clean & Safe program for the downtown. As a business owner on a corner who is at my
business nearly every day, I believe this position will be best facilitated by Mr. Romo's crew.
They demonstrate care, professionalism, understanding and a connection to the environment they
have served that would far exceed the work of other proposals offered. This position is of
extreme importance and this is why I am writing to you.
Jose's team has been an integral part of the downtown fabric for years. Anyone who has a
business here knows this as the team not only by name but the team knows all of us by name and
needs as well. This alone is extremely important and is invaluable as the dynamic of this area
needs the care and knowledge that only a team with on-hand experience and institutional
knowledge has. Jose's team has this experience--they have never faltered in their tasks.
I have known Jose for over 20 years, since I helped to start the first farmers' market in
downtown. His commitment to the district, the businesses, people and customers is unparalleled
to anything that can be proposed. You simply cannot replace the years of work he and the team
have done. And quite honestly, we as a district that has been through so much over the past 3
years would appreciate and thrive with a team that understands our needs, our personalities, and
just the landscape that is unique and special. This team gets it and Jose gets it as leading this
team.
Some examples of how Jose's team is vital to the area:
- during the George Floyd demonstrations in Spring 2020: Jose and team members waited with
me in front of my shop immediately without call to make sure the 4th street area was protected
until police had a lockdown of the area.
- constant immediate cleaning of the street/trash/loiters
- assisting neighbors when there were disruptions in the market and street
- assisting with clean communication when there was an interruption in the downtown
- his team on a number of times have taken the lead to communicate to other business owners,
customers of disturbances that affect the greater area -- not just a single business.
There are simply not enough ways to demonstrate how this team is as personable as they are
efficient. This team's work cannot be replicated because this team actually CARES for the area
and it shows every day. I see it constantly and it would give me concern to have a management
team who did not understand the area put into a position of care who did not have the years of
experience and natural appreciation for the downtown as Jose and his team has.
I am more than happy to meet, write more, or do more to further show my support.
EXHIBIT 2
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Letter of Recommendation
John D. Spiak
2434 N. Heliotrope Drive
Santa Ana, CA 92706
(Downtown Santa Ana Institution Director)
January 4, 2023
To: Julie Castro, Santa Ana Community Redevelopment Agency
Re: Jose Romo, Santa Ana Clean and Safe Team
Dear Julie Castro, Santa Ana Community Redevelopment Agency and Review Committee,
With great pleasure, I submit this letter in support of Jose Romo and his team's RFP proposal to continue
to provide clean and safe services for Santa Ana.
As an individual who works in a City of Santa Ana -owned building located on a city-owned plaza in the
heart of Downtown Santa Ana, I have witnessed firsthand the positive outcomes provided by Jose Romo
and his team to keep our city safe and clean. Their services have not only provided for clean and
protected environments but have also helped to ensure the continued integrity of a historically registered
building and its surroundings. Jose's team is always quick in response to any issues - from cleaning up
problems such as human waste that can become health issues; to assisting troubled unhoused
individuals in finding safer and less publicly disruptive areas to collect themselves. Their interactions
result in positive outcomes.
The work, their team, does is complex and challenging at times. Still, I am always impressed with the kind
and cheerful demeanors they bring while providing these services – always smiling and friendly, even
when performing tasks most would find a bit overbearing at times. They have always greeted my team
when in public in positive ways, and every engaged encounter with a member of Jose's team has been a
true pleasure. Their excellent work is often unseen, as they are doing a great job and quick in response;
they are incredibly positive representations of ou r community to those who live and work in our city and
those who visit.
With this background, the work of Jose Romo and his team continues to be a true asset to our community
and the City of Santa Ana. They continually impress me with all that they do and the kindness that they
bring.
In conclusion, Jose and his team mark exceptionally high standards of what a safe and clean service
should and can be for the City of Santa Ana. For all the above reasons, I write enthusiastically and
strongly encourage you and the City of Santa Ana to consider Jose Romo's RFP for Clean and Safe
services for our community.
I welcome any follow-up questions regarding my thoughts: 714.264.2970.
Respectfully submitted,
John D. Spiak
Santa Ana Resident & Downtown Santa Ana Institution Director
EXHIBIT 2
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Letter of Recommendation
EXHIBIT 2
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Letter of Recommendation
Logan Crow
Executive Director. Founder
(323) 428-7411
logan@thefridacinema.org
305 E. 4th Street STE 100
Santa Ana, CA 92701
January 7, 2022
Julie Castro
Community Redevelopment Agency
City of Santa Ana
Good day Julie,
With deep and heartfelt sincerity, I am writing today to communicate my fullest endorsement of Jose Romo,
and his noted and long-established commitment to the Downtown Santa Ana community.
Jose was one of the first people I had the good fortune to meet when I first set out to establish The Frida
Cinema in Downtown Santa Ana, and he enthusiastically walked me around town and introduced me to some
of the key downtown stakeholders who I continue to work with nine years later. Since that day, I have reached
out to Jose for support on multiple occasions, and have always been met with prompt responsiveness, an
enthusiastic commitment to service, and his familiar smile and affability. When I am reached out to by a
fledgling event planner for advice, the first person I refer them to is Jose. He is essentially the signature
steward of our community, always on hand to do what he can to support the initiatives of event planners,
community organizers, and our family of downtown businesses.
I have joked with Jose that I’m convinced he has clones, not only because he is often hard at work on multiple
endeavors and initiatives all at once, but more so because as seriously as he takes his work, he never seems
to break a sweat. I believe that’s because he truly enjoys the work, as it is all in service of enriching and
enhancing the community he loves, and the neighboring business owners whose success he truly cares about.
Jose is at once a dedicated caretaker, ambassador, and custodian – and again, always with a smile.
Jose is an indispensable asset to our community, and he has more than proven the value of, and his dedication
to, the initiatives he sets out to accomplish. I wholeheartedly encourage you to give Jose Romo and his
proposals your highest consideration. Should you have any additional questions, please don’t hesitate to get in
touch, as it would be my honor to further communicate my praise of Jose and the quality of his work and
service.
Most sincerely,
Logan Crow
Executive Director
THEFRIDACINEMA.ORG
Founded in 2014, The Frida Cinema is a 501(c)(3), not-for-profit art house cinema dedicated to
enriching, connecting, and educating communities through the art of cinema.
Tax ID 27-0950151
EXHIBIT 2
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Letter of Recommendation
EXHIBIT 2
Downtown Santa Ana Clean and Safe Team Cost Proposal
Final Offer after negotiations
Category Annual Cost Year 1
Litter Pick-Up & Maintenance
Clean & Empty Trash Cans Daily
Clean Outdoor Benches, Bollards & Light Poles
360,000
Clean Parklets & Minor Repairs 51,000
Power Wash including Second Street Promenade 197,000
Special Event Litter Clean-Up Maintenance
and Street Closures 25,000
Security Guards 180,000
Security Guard Oversight 20,000
Equipment 38,000
Utility Golf Cart 22,000
Annual Total 893,000
EXHIBIT 2
EXHIBIT C
COMPENSATION
Fee Proposal including hourly rates if applicable
EXHIBIT 2
Exhibit C - Compensation
Year Notes Annual Cost with 5% CPI 10% Contingency **Total
Year 1 Total minus Security & Oversight 693,000.00$ 69,300.00$ 762,300.00$
Year 2 Total minus Utility Golf Cart; $20K 5% CPI inflation
included 914,550.00$ 91,455.00$ 1,006,005.00$
Year 3 5% CPI inflation included 960,277.50$ 96,027.75$ 1,056,305.25$
*Year 4 5% CPI inflation included 1,008,291.38$ 100,829.14$ 1,109,120.51$
*Year 5 5% CPI inflation included 1,058,705.94$ 105,870.59$ 1,164,576.54$
Total 4,634,825$ 463,482$ 5,098,307$
Notes:
*Year 4 and Year 5 contingent upon 2-year renewal as noted in the agreement.
**The City of Santa Ana reserves the right to use the funds as needed annually at it's sole discretion.
DTSA Services for Downtown Santa Ana Clean & Safe Team
EXHIBIT 2
EXHIBIT D
FUNDING RELATED PROVISIONS
EXHIBIT 2
1
FEDERAL CONTRACT PROVISIONS
During the performance of this Agreement, Consultant shall comply with all applicable federal
laws and regulations including, but not limited to, the federal contract provisions in this Exhibit.
1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO
PART 200 – CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER
FEDERAL AWARDS (2 C.F.R. § 200.327)
(a) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach;
Termination for Cause/Convenience. The Contract Documents include remedies for breach and
termination for cause and convenience.
(b) Appendix II to Part 200 (C) – Equal Employment Opportunity: If this Agreement
meets the definition of a “federal assisted construction contract” in 41 CFR § 60-1.3, Consultant
agrees as follows during the performance of this Agreement:
(i) The Consultant will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender identity, or national
origin. The Consultant will take affirmative action to ensure that applicants are employed, and that
employees are treated during employment without regard to their race, color, religion, sex, sexual
orientation, gender identity, 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 tra ining,
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.
(ii) The Consultant will, 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, sexual orientation,
gender identity, or national origin.
(iii) The Consultant will not discharge or in any other manner discriminate
against any employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or applicant or another
employee or applicant. This provision shall not apply to instances in which an employee who has
access to the compensation information of other employees or applicants as a part of such
employee's essential job functions discloses the compensation of such other employees or
applicants to individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an investigation,
proceeding, hearing, or action, including an investigation conducted by the employer, or is
consistent with the Consultant's legal duty to furnish information.
(iv) The Consultant will send to each labor union or representative of workers
with which he 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.
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(v) The Consultant will 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.
(vi) The Consultant will 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 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.
(vii) In the event of the Consultant's noncompliance with the nondiscrimination
clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement
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 Executive 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, regulation, or order of the Secretary of Labor, or as
otherwise provided by law.
(viii) The Consultant will include the portion of the sentence immediately
preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued
pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions
will be binding upon each subcontractor or vendor. The Consultant will take such action with
respect to any subcontract or purchase order as the administering agency may direct as a 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 subcontractor or vendor as a result of such direction by the administering agency,
the Consultant may request the United States to enter into such litigation to protect the interests
of the United States.
The City further agrees that it will be bound by the above equal opportunity clause with respect to
its own employment practices when it participates in federally assisted construction work:
Provided, That if the City so participating is a State or local government, the above equal
opportunity clause is not applicable to any agency, instrumentality or subdivision of such
government which does not participate in work on or under the Agreement.
The City agrees that it will assist and cooperate actively with the administering agency and the
Secretary of Labor in obtaining the compliance of the Consultant and subcontractors with the
equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor,
that it will furnish the administering agency and the Secretary of Labor such informati on as they
may require for the supervision of such compliance, and that it will otherwise assist the
administering agency in the discharge of the agency's primary responsibility for securing
compliance.
The City further agrees that it will refrain from entering into any contract or contract modification
subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who
has not demonstrated eligibility for, Government contracts and federally assisted construction
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contracts pursuant to the Executive Order and will carry out such sanctions and penalties for
violation of the equal opportunity clause as may be imposed upon contractors and subcontractors
by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the
Executive Order. In addition, the City agrees that if it fails or refuses to comply with these
undertakings, the administering agency may take any or all of the following actions: cancel,
terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this
project; refrain from extending any further assistance to the applicant under the program with
respect to which the failure or refund occurred until satisfactory assurance of future compliance
has been received from such applicant; and refer the case to the Department of Justice for
appropriate legal proceedings.
(c) Appendix II to Part 200 (D) – Davis-Bacon Act: Not applicable to this Agreement
since it is funded by CSLFRF.
(d) Appendix II to Part 200 (D) – Copeland “Antti-Kickback” Act: Not applicable to this
Agreement since it is funded by CSLFRF.
(e) Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act:
(i) Overtime Requirements. No contractor or subcontractor contracting for
any part of the contract work which may require or involve the employment of laborers or
mechanics shall require or permit any such laborer or mechanic in any workweek in which he or
she is employed on such work to work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one and one-half times the
basic rate of pay for all hours worked in excess of forty hours in such workweek.
(ii) Violation; liability for unpaid wages; liquidated damages. In the event of
any violation of the clause set forth in paragraph (ii) of this section the Consultant and any
subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such
contractor and subcontractor shall be liable to the United States (in the case of work done under
contract for the District of Columbia or a territory, to such District or to such territory), for liquidated
damages. Such liquidated damages shall be computed with respect to each individual laborer or
mechanic, including watchmen and guards, employed in violation of the clause set forth in
paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual
was required or permitted to work in excess of the standard workweek of forty hours without
payment of the overtime wages required by the clause set forth in paragraph (ii) of this section.
(iii) Withholding for unpaid wages and liquidated damages. The City shall upon
its own action or upon written request of an authorized representative of the Department of Labor
withhold or cause to be withheld, from any moneys payable on account of work performed by the
Consultant or subcontractor under any such contract or any other Federal contract with the
Consultant, or any other federally-assisted contract subject to the Contract Work Hours and
Safety Standards Act, which is held by the Consultant, such sums as may be determined to be
necessary to satisfy any liabilities of Consultant or subcontractor for unpaid wages and liquidated
damages as provided in the clause set forth in paragraph (iii) of this section.
(iv) Subcontracts. The Consultant or subcontractor shall insert in any
subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause
requiring the subcontractors to include these clauses in any lower tier subcontracts. The
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Consultant shall be responsible for compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in paragraphs (ii) through (v) of this Section.
(f) Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or
Agreement: If the Federal award meets the definition of “funding agreement” under 37 CFR §
401.2 (a) and the Consultant wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under that “funding agreement,” the Consultant must comply
with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations
and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,”
and any implementing regulations issued by the awarding agency..
(g) Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control
Act:
(i) Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all
applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42
U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the City and understands
and agrees that the City will, in turn, report each violation as required to assure notification to the
Federal awarding agency and the appropriate Environmental Protection Agency Regional Office,
and (3) Consultant agrees to include these requirements in each subcontract exceeding
$150,000.
(ii) Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees
to comply with all applicable standards, orders or regulations issued pursuant to the Federal
Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report
each violation to the City and understands and agrees that the City will, in turn, report each
violation as required to assure notification to the Federal awarding agency and the appropriate
Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these
requirements in each subcontract exceeding $150,000.
(h) Appendix II to Part 200 (H) – Debarment and Suspension:
(i) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180
and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of the Consultant, its
principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are
excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
(ii) Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt.
3000, subpart C and must include a requirement to comply with these regulations in any lower
tier covered transaction it enters into.
(iii) This certification is a material representation of fact relied upon by City. If
it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R.
pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may
pursue available remedies, including but not limited to suspension and/or debarment.
(iv) Consultant warrants that it is not debarred, suspended, or otherwise
excluded from or ineligible for participation in any federal programs. Consultant also agrees to
verify that all subcontractors performing work under this Agreement are not debarred, disqualified,
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or otherwise prohibited from participation in accordance with the requirements above. Consultant
further agrees to notify the City in writing immediately if Consultant or its subcontractors are not
in compliance during the term of this Agreement.
(i) Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: Contractors that apply or bid
for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier
above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, officer or employee of Congress, or an employee of a member of Congress
in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up
to the recipient who in turn will forward the certification(s) to the awarding agency.
(j) Appendix II to Part 200 (J) – §200.323 Procurement of Recovered Materials:
(i) Consultant shall comply with section 6002 of the Solid Waste Disposal Act,
as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002
include procuring only items designated in guidelines of the Environmental Protection Agency
(EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials
practicable, consistent with maintaining a satisfactory level of competition, where the purchase
price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal
year exceeded $10,000; procuring solid waste management services in a manner that maximizes
energy and resource recovery; and establishing an affirmative procurement.
(ii) In the performance of this Agreement, the Consultant shall make maximum
use of products containing recovered materials that are EPA-designated items unless the product
cannot be acquired: competitively within a timeframe providing for compliance with the contract
performance schedule; meeting contract performance requirements; or at a reasonable price.
(iii) Information about this requirement, along with the list of EPA-designate
items, is available at EPA’s Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
(iv) The Consultant also agrees to comply with all other applicable
requirements of Section 6002 of the Solid Waste Disposal Act.”
(k) Appendix II to Part 200 (K) – §200.216 Prohibition on Certain Telecommunications
and Video Surveillance Services or Equipment:
(i) Consultant shall not contract (or extend or renew a contract) to procure or
obtain equipment, services, or systems that uses covered telecommunications equipment or
services as a substantial or essential component of any system, or as critical technology as part
of any system funded under this Agreement. As described in Public Law 115–232, section 889,
covered telecommunications equipment is telecommunications equipment produced by Huawei
Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
(1) For the purpose of public safety, security of government facilities,
physical security surveillance of critical infrastructure, and other national security purposes, video
surveillance and telecommunications equipment produced by Hytera Communications
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Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company
(or any subsidiary or affiliate of such entities).
(2) Telecommunications or video surveillance services provided by
such entities or using such equipment.
(3) Telecommunications or video surveillance equipment or services
produced or provided by an entity that the Secretary of Defense, in consultation with the Director
of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably
believes to be an entity owned or controlled by, or otherwise connected to, the government of a
covered foreign country.
(ii) See Public Law 115-232, section 889 for additional information.
(l) Appendix II to Part 200 (L) – §200.322 Domestic Preferences for Procurement:
(i) Consultant shall, to the greatest extent practicable, purchase, acquire, or
use goods, products, or materials produced in the United States (including but not limited to iron,
aluminum, steel, cement, and other manufactured products). The requirements of this sectio n
must be included in all subcontracts.
(ii) For purposes of this section:
(1) “Produced in the United States’’ means, for iron and steel products,
that all manufacturing processes, from the initial melting stage through the application of coatings,
occurred in the United States.
(2) ‘‘Manufactured products’’ means items and construction materials
composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based
products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical
fiber; and lumber.
2. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S BUSINESS
ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321)
(a) Consultant shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to
assure that minority firms, women’s business enterprises, and labor surplus area firms are used
when possible and will not be discriminated against on the grounds of race, color, religious creed,
sex, or national origin in consideration for an award.
(b) Affirmative steps shall include:
(i) Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
(ii) Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
(iii) Dividing total requirements, when economically feasible, into smaller tasks
or quantities to permit maximum participation by small and minority business, and women's
business enterprises;
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(iv) Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority business, and women's business enterprises; and
(v) Using the services/assistance of the Small Business Administration (SBA),
and the Minority Business Development Agency (MBDA) of the Department of Commerce.
(c) Consultant shall submit evidence of compliance with the foregoing affirmative
steps when requested by the City.
3. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS
LOCAL FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS
(a) Maintenance of and Access to Records. Consultant shall maintain records and
financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury’s
regulations implementing that section, and guidance issued by Treasury regarding the foregoing.
Consultant agrees to provide the City, Treasury Office of Inspector General and the Government
Accountability Office, or any of their authorized representatives access to any books, documents,
papers, and records (electronic an otherwise) of the Consultant which are directly pertinent to this
Agreement for the purposes of conducting audits or other investigations. Records shall be
maintained by Consultant for a period of five (5) years after completion of the Project.
(b) Compliance with Federal Regulations. Consultant agrees to comply with the
requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f)
of the Act, and guidance issued by Treasury regarding the foregoing. Consultant also agrees to
comply with all other applicable federal statutes, regulations, and executive orders, including,
without limitation, the following:
(i) Universal Identifier and System for Award Management (SAM), 2 C.F.R.
Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby
incorporated by reference.
(ii) Reporting Subaward and Executive Compensation Information, 2 C.F.R.
Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby
incorporated by reference.
(iii) OMB Guidelines to Agencies on Government-wide Debarment and
Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or
condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R.
Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing
regulation at 31 C.F.R. Part 19.
(iv) Recipient Integrity and Performance Matters, pursuant to which the award
term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.
(v) Government-wide Requirements for Drug-Free Workplace, 31 C.F.R. Part
20.
(vi) New Restrictions on Lobbying, 31 C.F.R. Part 21.
(vii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970
(42 U.S.C. §§ 4601-4655) and implementing regulations.
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(c) Compliance with Federal Statutes and Regulations Prohibiting Discrimination.
Consultant agrees to comply with statutes and regulations prohibiting discrimination applicable to
the CSLFRF program including, without limitation, the following:
(i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and
Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the
basis of race, color, or national origin under programs or activities receiving federal financial
assistance.
(ii) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C.
§§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion,
national origin, sex, familial status, or disability.
(iii) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §
794), which prohibits discrimination on the basis of disability under any program or activity
receiving federal financial assistance.
(iv) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et
seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination
on the basis of age in programs or activities receiving federal financial assistance.
(v) Title II of the Americans with Disabilities Act of 1990, as amended (42
U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs,
activities, and services provided or made available by state and local governments or
instrumentalities or agencies thereto.
(d) False Statements. Consultant understands that making false statements or claims
in connection with the CSLFRF program is a violation of federal law and may result in criminal,
civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties,
debarment from participating in federal awards or contracts, and/or any other remedy available
by law.
(e) Protections for Whistleblowers.
(i) In accordance with 41 U.S.C. § 4712, Consultant may not discharge,
demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list
of persons or entities provided below, information that the employee reasonably believes is
evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds,
an abuse of authority relating to a federal contract or grant, a substantial and specific danger to
public health or safety, or a violation of law, rule, or regulation related to a federal contract
(including the competition for or negotiation of a contract) or grant.
(ii) The list of persons and entities referenced in the paragraph above includes
the following:
(1) A member of Congress or a representative of a committee of
Congress;
(2) An Inspector General;
(3) The Government Accountability Office;
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(4) A Treasury employee responsible for contract or grant oversight or
management;
(5) An authorized official of the Department of Justice or other law
enforcement agency;
(6) A court or grand jury; or
(7) A management official or other employee of Consultant, or a
subcontractor who has the responsibility to investigate, discover, or address misconduct.
(f) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043,
62 FR 19217 (Apr. 18, 1997), Consultant is encouraged to adopt and enforce on-the-job seat belt
policies and programs for their employees when operating company-owned, rented or personally
owned vehicles, and encourage its subcontractors to do the same
(g) Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74
FR 51225 (Oct. 6, 2009), Consultant should encourage its employees and subcontractors to adopt
and enforce policies that ban text messaging while driving, and Consultant should establish
workplace safety policies to decrease accidents caused by distracted drivers.
(h) Assurances of Compliance with Civil Rights Requirements. The Civil Rights
Restoration Act of 1987 provides that the provisions of this assurance apply to the Project,
including, but not limited to, the following:
(i) Consultant ensures its current and future compliance with Title VI of the
Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the
benefits of, or subjection to discrimination under programs and activities rece iving federal funds,
of any person in the United States on the ground of race, color, or national origin (42 U.S.C. §
2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR
Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars;
policies; memoranda and/or guidance documents.
(ii) Consultant acknowledges that Executive Order 13166, “Improving Access
to Services for Persons with Limited English Proficiency (LEP),” seeks to improve access to
federally assisted programs and activities for individuals who, because of national origin, are
limited in their English proficiency. Consultant understands that the denial of access to persons
to its programs, services and activities because of their limited proficiency in English is a form of
national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964. Accordingly,
Consultant shall initiate reasonable steps, or comply with Treasury’s directives, to ensure
meaningful access to its programs, services and activities to LEP persons. Consultant
understands and agrees that meaningful access may entail providing language assistance
services, including oral interpretation and written translation where necessary to ensure effective
communication in the Project.
(iii) Consultant agrees to consider the need for language services for LEP
persons during development of applicable budgets and when conducting programs, services and
activities. As a resource, the Department of the Treasury has published its LEP guidance at 70
FR 6067. For more information on LEP, please visit http://www.lep.gov.
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(iv) Consultant acknowledges and agrees that compliance with this assurance
constitutes a condition of continued receipt of federal financial assistance and is binding upon
Consultant and Consultant’s successors, transferees and assignees for the period in which such
assistance is provided.
(v) Consultant agrees to incorporate the following language in every contract
or agreement subject to Title VI and its regulations between the Consultant and the Consultant’s
subcontractors, successors, transferees and assignees:
The subcontractor, successor, transferee and assignee shall comply with Title VI of the
Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding
from a program or activity, denying benefits of, or otherwise discriminating against a person on
the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by
Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated
by reference and made a part of this contract (or agreement). Title VI also extends protection to
persons with “Limited English proficiency” in any program or activity receiving federal financial
assistance, 42 U.S.C. § 2000d et seq., as implemented by Department of the Treasury Title VI
regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this
contract (or agreement).
(vi) Consultant understands and agrees that if any real property or structure is
provided or improved with the aid of federal financial assistance by the Department of the
Treasury, this assurance obligates the Consultant, or in the case of a subsequent transfer, the
transferee, for the period during which the real property or structure is used for a purpose for
which the federal financial assistance is extended or for another purpose involving the provision
of similar services or benefits. If any personal property is provided, this assurance obligates the
Consultant for the period during which it retains ownership or possession of the property.
(vii) Consultant shall cooperate in any enforcement or compliance review
activities by the Department of the Treasury of the aforementioned obligations. Enforcement may
include investigation, arbitration, mediation, litigation, and monitoring of any settlement
agreements that may result from these actions. Consultant shall comply with information requests,
on-site compliance reviews, and reporting requirements.
(viii) Consultant shall maintain a complaint log and inform the Department of the
Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and
limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implem enting
regulations and provide, upon request, a list of all such reviews or proceedings based on the
complaint, pending or completed, including outcome. Consultant must also inform the Department
of the Treasury if Consultant has received no complaints under Title VI.
(ix) Consultant must provide documentation of an administrative agency’s or
court’s findings of non-compliance of Title VI and efforts to address the non-compliance, including
any voluntary compliance or other agreements between the Consultant and the administrative
agency that made the finding. If the Consultant settles a case or matter alleging such
discrimination, Consultant must provide documentation of the settlement. If Consultant has not
been the subject of any court or administrative agency finding of discrimination, please so state.
If Consultant makes sub-awards to other agencies or other entities, Consultant is responsible
for assuring that sub-recipients also comply with Title VI and all of the applicable authorities
covered in this assurance.
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