HomeMy WebLinkAboutSANTA ANA UNIFIED SCHOOL DISTRICT (15)INSURANCE ON FILE
WORK MAY PROCEED
UNTIL INSURANCE EXPIRES
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CITY CLERK
N-2023-260
DATE. AGREEMENT WITH SANTA ANA UNIFIED SCHOOL DISTRICT
COftCa) TO IMPLEMENT BRIDGING THE G.A.P. (GRAFFITI ARTS PROGRAM)
0:
THIS AGREEMENT is made and entered into on this 15th day of September, 2023, by and
between the Santa Ana Unified School District ("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").
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RECITALS
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A. The City desires to retain a consultant having special skill and knowledge in order to
implement and manage Bridging the G.A.P. (Graffiti Arts Program) ("Project').
B. Consultant represents that Consultant is able and willing to provide such services to the
City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by 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 for the Project described and set forth in the SAUSD Arts
G.A.P. Proposal, attached herewith as Exhibit A and incorporated herein by reference.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
the rates and charges identified in Exhibit A. The total sum to be expended under this
Agreement by the City to Consultant shall not exceed $50,000.00 during the term of
this Agreement.
b. Subject to proper invoicing from Consultant confirming all expenditures from the
Project, subject to City accounting procedures, payments shall be made from City to
Consultant in two (2) installments. The first amount of $25,000.00 shall be issued
within forty-five (45) days after final execution of the Agreement. The second payment
for $25,000.00 shall be issued within forty-five (45) after the successful completion of
the Project. Payment need not be made for work that fails to meet the standards of
performance set forth in the Recitals, which may reasonably be expected by City.
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b. Subject to proper invoicing from Consultant confirming all expenditures from the
Project, subject to City accounting procedures, payments shall be made from City to
Consultant in two (2) installments. The first amount of $25,000.00 shall be issued
within forty-five (45) days after final execution of the Agreement. The second payment
for $25,000.00 shall be issued within forty-five (45) after the successful completion of
the Project. Payment need not be made for work that fails to meet the standards of
performance set forth in the Recitals, which may reasonably be expected by City.
3. TERM
This Agreement shall be effective upon signature by both Parties and shall continue for a
one (1) year term, with the option for the City to grant two (2) additional one (1) year renewals,
exercisable in writing by the City Manager and the City Attorney, a unless terminated earlier in
accordance with this Agreement.
4. INDEPENDENT CONTRACTOR
Consultant 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 Consultant
performs the services which are the subject matter of this Agreement; however, the services to be
provided by Consultant shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Consultant shall pay all salaries and wages, employer's social
security taxes, unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or
caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant
shall require all subcontractors to agree in writing that City is granted a non-exclusive and
perpetual license for any Documents & Data the subcontractor prepares under this Agreement.
Consultant represents and warrants that Consultant has the legal right to license any and all
Documents & Data. Consultant makes no such representation and warranty in regard to
Documents & Data which were provided to Consultant by the City. City shall not be limited in
any way in its use of the Documents and Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City's sole risk.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain
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and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
Consultant 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 Consultant, his agents,
representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
a. 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.
b. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1),
or if Consultant 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.
C. Workers' Compensation: as required by the State of California, with Statutory
Limits, and Employer's Liability Insurance with limit of no less than $1,000,000
per accident for bodily injury or disease.
d. Sexual Abuse or Molestation (SAM) Liability: If the work will include contact
with minors, and the CGL policy referenced above is not endorsed to include
affirmative coverage for sexual abuse or molestation, Consultant shall obtain and
maintain a policy covering Sexual Abuse and Molestation with a limit no less than
$1,000,000 per occurrence or claim for organization.
C. If the Consultant 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 Consultant. Any available
insurance proceeds in excess of the specified minimum limits of insurance and
coverage shall be available to the City
f If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has
beenprocured and is in force and paid for, the City shall have the right, at the City's
election, to forthwith terminate this Agreement. Such termination shall not affect
Consultant's right to be paid for its time and materials expended prior to notification
of termination. Consultant waives the right to receive compensation and agrees to
indemnify the City for any work performed prior to approval of insurance by the
City.
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Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
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 Consultant including materials, parts, or equipment furnished in connection with such
work or operations. General liability coverage can be provided in the form of an endorsement to
the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available,
through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later
edition is used).
Primary Coverage
For any claims related to this contract, the Consultant's insurance coverage shall be primary
coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials,
employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers,
officials, employees, or volunteers shall be excess of the Consultant'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 City.
Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said
Consultant may acquire against the City by virtue of the payment of any loss under such insurance.
Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of
subrogation, but this provision applies regardless of whether or not the City has received a waiver
of subrogation endorsement from the insurer.
Self -Insured Retentions
Self -insured retentions must be declared to and approved by the City. The City may require the
Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses
and related investigations, claim administration, and defense expenses within the retention. The
policy language shall provide, or be endorsed to provide, that the self -insured retention may be
satisfied by either the named insured or City.
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.
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.
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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 Consultant must purchase
"extended reporting" coverage for a minimum of five (5) years after completion of work.
Verification of Coverage
Consultant 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 Consultant's obligation to provide them.
The City 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
City reserves the right to modify these requirements, including limits, based on the nature of the
risk, prior experience, insurer, coverage, or other special circumstances.
7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, contractors, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the
negligent operations of the Consultant, its subcontractors, agents, employees, or other persons
acting on its behalf which relates to the services described in section I of this Agreement; and (2)
from any claim that personal injury, damages, just compensation, restitution, judicial or equitable
relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and
hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial
or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in
this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant
further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including
fees and costs for special counsel to be selected by the City, regarding any action by a third party
challenging the validity of this Agreement, or asserting that personal injury, damages, just
compensation, restitution, judicial or equitable relief due to personal or property rights arises by
reason of the terms of, or effects arising from this Agreement. City may make all reasonable
decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing,
to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity
shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of,
pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and
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employees against any and all liability, including costs, for infringement of any United States'
letters patent, trademark, or copyright infringement, including costs, contained in the work product
or documents provided by Consultant to the City pursuant to this Agreement.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with respect to
the costs incurred under this Agreement and any services, expenditures, and disbursements
charged to the City for a minimum period of three (3) years, or for any longer period required by
law, from the date of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of the City to
examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all
work, data, documents, proceedings, and activities related to this Agreement for a period of three
(3) years from the date of final payment to Consultant under this Agreement.
10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include all
nonpublic information. Confidential information includes not only written information, but also
information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any
information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the
Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant
without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e)
is independently developed by the Consultant without reference to information disclosed by the
City.
11. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under this
Agreement.
12. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by
applicable law, in the recruitment, selection, training, utilization, promotion, termination or other
employment related activities. Consultant affirms that it is an equal opportunity employer and shall
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comply with all applicable federal, state and local laws and regulations.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the Parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the terms
of this Agreement shall prevail. This Agreement may not be modified except by written instrument
signed by the City and by an authorized representative of Consultant. The Parties agree that any
terms or conditions of any purchase order or other instrument that are inconsistent with, or in
addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each
party to this Agreement acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any
party, which is not embodied herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement shall
be construed to limit the City's ability to have any of the services which are the subject to this
Agreement performed by City personnel or by other consultants retained by City.
15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of
termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to
deliver to the City all work product(s) completed as of such date, and in such case
such work product shall be the property of the City unless prohibited by law, and
Consultant consents to the City's use thereof for such purposes as the City deems
appropriate.
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.
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17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California. Both Parties further agree that
Orange County, California, shall be the venue for any action or proceeding that may be brought or
arise out of, in connection with or by reason of this Agreement.
18. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and
in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
19. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed by
first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in
the manner provided in this Section, to the following persons:
To City:
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:
Executive Director,
Community Development Agency
City of Santa Ana
20 Civic Center Plaza (M-25)
P.O. Box 1988
Santa Ana, California 92702
Fax:714-647-6549
To Consultant:
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Robyn MacNair
Visual And Performing Arts Coordinator
Santa Ana Unified School District
1601 E. Chestnut Street
Santa Ana, CA 92701
(714)558-5507
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by fax, communication shall be effective or deemed to have
been given twenty-four (24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating these
time frames, weekends, federal, state, County or City holidays shall be excluded.
20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of
this Agreement, and shall indemnify City fully, including reasonable costs and
attorney's fees, for any injuries or damages to City in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
(Signatures on following page)
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N-2023-260
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the date and year first
above written.
ATTEST:
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:S 4d't tt ��4(C4(
Andrea Garcia -Miller
Assistant City Attorney
FOR APPROVAL:
MICHAEL L. GARCIA
Executive Director
Community Development Agency
CITY OF SANTA ANA
Steven A. Mendoza
Acting City Manager
SAUSD
MICHAEL ESPARZA
Director of Purchasing & Stores
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EXHIBIT A
CITY REQUEST FOR PROPOSAL NO. 23-037
BRIDGING THE G.A.P. (GRAFITTI ARTS PROGRAM)
REQUEST FOR PROPOSALS NO. 23-037
FOR
BRIDGING THE G.A.P. (GRAFFITI ARTS PROGRAM)
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: Tuesday, March 7, 2023
Pre -Proposal Meeting Thursday, March 16, 2023, 10:00 A.M.
Deadline for Questions: Tuesday, March 21, 2023, 4:00 P.M.
Proposal Due Date: Tuesday, April 4, 2023, 4:00 P.M.
(9)
CITY OF SANTA ANA
TABLE OF CONTENTS
I. BACKGROUND ...................................................
II. MANDATORY PRE -PROPOSAL MEETING........
III. OVERVIEW OF PROJECT.. ................................
IV. SCOPE OF SERVICES .......................................
V. TERM OF AGREEMENT ....................................
VI. MINIMUM QUALIFICATIONS ..............................
VI I. RESPONSE TO RFP..........................................
VIII. CERTIFICATIONS (ATTACHMENTS) .................
IX. REFERENCES....................................................
X. MINIMUM SCOPE AND LIMIT OF INSURANCE.
XI. SELECTION PROCEDURES & CRITERIA .........
XII. WITHDRAWALS ..................................................
XIII. GENERAL TERMS AND CONDITIONS ..............
XIV. AWARD OF AGREEMENT ..................................
XV. IMPLEMENTATION .............................................
EXHIBITS
Exhibits provided herein for Proposers' reference only
EXHIBIT I — SCOPE OF SERVICES
EXHIBIT II — SAMPLE AGREEMENT
ATTACHMENTS
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
RFP No. 23-037 Bridging the G.A.P. (Graffiti Arts Program) Page 2 of 38
0 CITY OF SANTA ANA
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. MANDATORY PRE -PROPOSAL MEETING
A mandatory virtual pre -proposal meeting will be held on the date and time specified on the
coverpage of this RFP.
Failure to attend this meeting shall result in your firm being disqualified from proposing.
Meeting Link:
Topic: Graffiti Arts Program (GAP) - Pre -Proposal Mtg
Time: Mar 16, 2023 10:00 AM Pacific Time (US and Canada)
Join Zoom Meeting
https:HusO6web.zoom.us/i/86175764261?pwd=dDVFUEJuKzEzNn NPTGJuQ 1 FtTVpGUT09
Meeting ID: 861 7576 4261
Passcode:459189
One tap mobile
+16694449171 „86175764261 #....*459189# US
+17207072699„86175764261#.... *459189# US (Denver)
III. OVERVIEW OF PROJECT
"Something powerful happens when you give young people a chance to create public artwork:
they find a positive way to express themselves, they feel more connected to their communities
and their peers, and they gain real -world skills that prepare them for the future."
—Urban Artworks
The City of Santa Ana (City) is seeking proposals from qualified Santa Ana -based organizations
(Proposers) to design and implement a pilot for "Bridging the G.A.P. (Graffiti Arts Program)," a
year -long interactive, multi -disciplinary arts program that will inspire civic leadership and
community pride in youth through the creation of murals across the City of Santa Ana. The
RFP No. 23-037 Bridging the G.A.P. (Graffiti Arts Program) Page 3 of 38
!' CITY OF SANTA ANA
program brings youth, professional artists, and community members together to design, co -
create, and paint public murals while integrating creative practices into classroom curricula.
Over the course of 12 months, students will work alongside professional mural artists to learn
different art techniques, research, design, and installation of public murals. This pilot program will
focus on installing murals at one of the city -owned parking structures within the downtown area.
In addition to developing their artistic skills, students will develop the interpersonal and
professional skills needed to thrive outside the classroom.
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 I — 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.
V. TERM OF AGREEMENT
The anticipated term of the agreement is for an initial period of one (1) year. The City may, at its
discretion, extend the agreement with the same or more limited scope of required services for
two (2) additional one (1) year periods, 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 three (3) years.
VI. MINIMUM QUALIFICATIONS
• Organization must be based in Santa Ana.
• Demonstrate a minimum of 2 years experience conducting public art programs with
youths.
• Include all of the elements listed in the "Proposal Requirements' section.
• Organization must maintain insurance coverage approved by the City's Risk Management
office for the duration of the program
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 a -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/l)ortal.cfm?CompanvlD=20137.
RFP No. 23-037 Bridging the G.A. P. (Graffiti Arts Program) Page 4 of 38
CITY OF SANTA ANA
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.
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?Company]D=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.
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.
RFP No. 23-037
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
Email: MOrnelas@santa-ana.org
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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.l)lanetbids.com/portal/portal.cfm?Companv]D=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
the requested services under such terms and conditions. Any exceptions to the terms and
conditions set forth in the Contract Document should be clearly noted in each Proposer's
proposal.
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.
Statement of Qualifications (SOQ)
SOQ must include a Table of Contents and be limited to a maximum of 20 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:
Tram Le, Arts & Culture Specialist
City of Santa Ana — Community Development Agency
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
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City as described in Section III — 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 II — Sample Agreement of this RFP (if
any).
d. Organization and Team Experience
Proposal shall include a profile of the organization's experience including the following:
A general description of the organization, including size and number of
employees working directly with the City on this agreement.
ii. Organization'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
Agent shall be the primary contact person to represent your organization 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 organization'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
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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.
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.
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.
X. 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.
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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, $2,000,000aggregate.
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.
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
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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:
t. 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 foratleastfive
(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.
XI. 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.
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B. Proposers will be ranked by the review committee based on the following criteria:
CATEGORY
POINTS
Responsiveness to RFP
• Proposal's compliance with the requirements of this RFP.
• Scope of Services offered including ability to provide optional services.
15
• The value to any new and/or innovative product or service suggestions or
other new ideas and enhancements.
Experience of Organization and Personnel
• The experience, resources, and qualifications of the organization and
individuals assigned to this account, including manager, supervisor and
50
assigned staff.
Cost of Proposal
• Cost of delivering specificied services is consistent with industry
standards.
25
• Cost of base proposal
• Cost of specialized services, if any
References
• References that are similar in size and project scope to the City.
10
TOTAL POSSIBLE SCORE
100
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.
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.
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XII. 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.
XIII. 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
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.
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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
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.
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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.
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 II — 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.
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
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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
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.
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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.
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 partof 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 identified as
RFP No. 23-037 Bridging the G.A.P. (Graffiti Arts Program) Page 16 of 38
``'6' CITY OF SANTA ANA
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.
BB.PREVAILING WAGE
The Director of the Department of Industrial Relations of the State of California has
ascertained the prevailing rate of per diem wages in dollars, based on a working day of eight
hours, for each craft or type of worker or mechanic needed to execute any construction or
maintenance contract, which may be awarded by Public Works. The current prevailing wage
rates as adopted by the Director of the Department of Industrial Relations are incorporated
herein by reference and may be accessed at http://www.dir.ca.gov/ (General Prevailing
Wage determination made by the Director of Industrial Relations / Pursuant to California
Labor Code Part 7, Chapter 1, Article 2, Section 1770, 1773 and 1773.1).
Contractor is required to pay the prevailing wage rate referred to above and is responsible
for selecting the craft/classification of workers which will be required to perform this service
in accordance with the Contractor's method of performing the work. Pursuant to Section 1775
of the Labor Code (State of California) Contractor shall forfeit $50 for each calendar day, or
portion thereof, for each worker paid less than the stipulated prevailing wage rates for any
public work done under this Contract or by any subcontractor.
Prevailing Wage Compliance and Monitoring
Contractor is aware of the requirements of the California Labor Code Section 1720, et seq.,
and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq.,
("Prevailing Wage Laws'), which require the payment of prevailing wage rates and the
performance of other requirement on "public works" and "maintenance" projects. Since the
services are being performed as part of an applicable "public works' or "maintenance"
project, as defined by Prevailing Wage Laws and since the total compensations is $1,000 or
more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide
Contractor with a copy of the prevailing rates of per diem wages in effect at the
commencement of this Agreement/Contact. Contact shall make copies of the prevailing rates
of per diem wages for each craft, classification or type of worker needed to execute the
Services available to interested parties upon request, and shall post copies at the
Contractor's principal place of business and at the job site. Contractor shall defend,
indemnify and hold the City, its elected officials, officers, employees and agents free and
harmless from any claim or liability arising out of any failure or alleged failure to comply with
the Prevailing Wage Laws.
RFP No. 23-037 Bridging the G.A.P. (Graffiti Arts Program) Page 17 of 38
XIV. AWARD OF AGREEMENT
1 ETA
CITY OF SANTA ANA
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.
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.
RFP No. 23-037 Bridging the G.A.P. (Graffiti Arts Program) Page 18 of 38
(9)
CITY OF SANTA ANA
EXHIBIT I
SCOPE OF SERVICES
The City of Santa Ana (City) is seeking proposals from qualified Santa Ana -based organizations
(Proposers) to design and implement a pilot for "Bridging the G.A.P. (Graffiti Arts Program)," a year -long
interactive, multi -disciplinary arts program that will inspire civic leadership and community pride in youth
through the creation of murals across the City of Santa Ana. The program brings youth, professional
artists, and community members together to design, co -create, and paint public murals while integrating
creative practices into classroom curricula.
Over the course of 12 months, students will work alongside professional mural artists to learn different
art techniques, research, design, and installation of public murals. This pilot program will focus on
installing murals at one of the city -owned parking structures within the downtown area. In addition to
developing their artistic skills, students will develop the interpersonal and professional skills needed to
thrive outside the classroom
The awarded Contractor shall perform the following tasks at minimum upon start of Program in
May 2023:
• Have weekly availability with culminating event.
• Include professional mural artists the organization intends to work with as part of the
program
• Proposer shall include a transportation plan explaining how students will be transported
to the mural site
• Proposer shall include outreach program to at -promise youths
• Activities must be suitable for high-school students
• Proposer shall be responsible for providing all materials and supplies
• The selected program will be evaluated on feasibility, appropriateness for intended
population, and inclusion of multi -disciplinary arts
• Applicant must maintain insurance coverage approved by the City's Risk Management
office for the duration of the program
a
CITY OF SANTA ANA
EXHIBIT II
SAMPLE AGREEMENT
THIS AGREEMENT is made and entered into on this _ day of , 2023 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:
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 I, attached hereto and incorporated by reference.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates
and charges identified in Compensation - Exhibit II. 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 one (1) year term with the option for
the City to grant up to two. one (l)-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
CITY OF SANTA ANA
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 tangible medium of expression,
including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes,
which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data').
Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual
license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and
warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such
representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City
shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not
within the purposes intended by this Agreement shall be at City s sole risk.
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
CITY OF SANTA ANA
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
CITY OF SANTA ANA
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.
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 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 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 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
CITY OF SANTA ANA
include all nonpublic information. Confidential information includes not only written information, but also information
transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by
any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use
and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available
sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession
of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (a) 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
underthis 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 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 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 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.
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,
CITY OF SANTA ANA
right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so
specifies.
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.
IL 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 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:
To Contractor:
First & Last Name
Title
Consultant Firm Name
Address
City, State, Zip
Fax:
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.
IV
CITY OF SANTA ANA
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. The Agreement is the final and complete agreement and any prior or contemporaneous
agreements for similar services between the parties is superseded by this Agreement. This shall
not apply where the Parties are currently engaged and Consultant is providing services not
contemplated by this Agreement.
C. 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:
Daisy Gomez
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
CITY OF SANTA ANA
Kristine Ridge
City Manager
CONSULTANT:
(name)
(title)
SAMPLE ONLY
CITY OF SANTA ANA
EXHIBIT III
FEDERAL REGULATIONS
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
CITY OF SANTA ANA
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.
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; Section 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.
I. 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.
wF�
CITY OF SANTA ANA
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.
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:
"'i' CITY OF SANTA ANA
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation (or any subsidiary or affiliate of such entities).
(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.
CITY OF SANTA ANA
(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.
(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 ONLY
CITY OF SANTA ANA
ATTACHMENT A
PROPOSER'S CERTIFICATION, PROPOSAL ITEM PRICING
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 all
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.
0
CITY OF SANTA ANA
ATTACHMENT B
REFERENCES
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 for additional
information regarding your firm's qualifications.
Customer N
Address:
Contact Individual:
Number:
EMAIL:
Contract Amount: Year:
Description of supplies, equipment, or services provided:
Customer Name: Contact Individual:
Address:
Contract Amount:
Number:
EMAIL:
Year:
Description of supplies, equipment, or services provided:
Customer Name: Contact Individual:
Address:
Contract Amount:
one Number:
EMAIL:
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.
(9)
CITY OF SANTA ANA
ATTACHMENT C
PROPOSER'S STATEMENT
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 proposers 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.
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.
CITY OF SANTA ANA
ATTACHMENT D
NON -COLLUSION AFFIDAVIT
(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.
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.
(2)
CITY OF SANTA ANA
ATTACHMENT E
NON -LOBBYING CERTIFICATION
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 undersigned
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.
a
CITY OF SANTA ANA
ATTACHMENT
NON-DISCRIMINATION CERTIFICATION
The undersigned consultant or corporate officer, during the performance of this contract, certifies as
follows:
The Consultant shall not discriminate against any employee or applicant for employment because of
race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that
applicants are employed, and that employees are treated during employment without, regard to their
race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The 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.
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
CITY OF SANTA ANA
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 B
SAUSD ARTS G.A.P. PROPOSAL
GAP Mural Project
Snrila AIlu Unified .S(haoI Oisti.it f
Grant Proposal
SAUSD Arts
Robyn MacNair,
Lindsey Barfield, Sofia Cuevas, Wendi Turk
1601 E. Chestnut
Santa Ana, CA 92701
Table of Contents
Cover Letter
Services Provided
Agreement Statement
Profile of SAUSD Arts
Proposed Work Plan
Proposed Timeline
Cost Proposal/Proposed Budget
Attachments A-F
4
5
6
8
9
10
Tram Le, Ails & Culture Specialist
City of Santa. Ana, Community Development Agency
20 Civic Center Plaza, Santa Ana, CA 92701
Dear Ms. Le,
I am writing on behalf of Santa Ana Unified School District's Ails Department to express our
interest in applying for the Graffiti Arts Program grant. Our proposed program aims to bring
awareness of the downtown murals as well as various nmral styles, media, and techniques.
As you are aware, Santa Ana is a city rich in cultural heritage and artistic expression. The murals
located throughout oar downtown area are a testament to the creativity and vibrancy of our
community. However, many of these murals go unnoticed by the public, and we believe that
through the Graffiti Arts Program, we can shed light on these amazing works of art and inspire
the next generation of artists.
Our program will be aimed at high school students in the Santa Ana Unified School District. We
plan to provide hands-on workshops where students will learn about different mural styles, media,
and techniques, including graffiti art. Through these workshops, students will have the
opportunity to develop their artistic skills and express their creativity in a positive and
constructive way.
We also plan to take students on walking tours of the downtown area, where they will be able to
view and learn about the various murals. This will not only give students a better understanding
of the history and cultural significance of these murals, but it will also allow them to see the
potential of mural art in their own communities.
We believe that our Graffiti Arts Program will be a valuable addition to the Santa Ana
community, and we are excited about the possibility of partnering with the City of Santa Ana and
the Community Development Agency to make it a reality. We are committed to providing an
enriching and educational experience for our students, while also promoting the beauty and
cultural significance of the downtown murals.
Thank you for your consideration of our grant proposal. We look forward to the opportunity to
collaborate with the City of Santa Ana and make a positive impact on our community.
Sincerely,
Robyn MacNair
SAUSD Arts Coordinator
Santa Ana Unified School District
/
Lindsey Barfield
SAUSD Ails Program Specialist
Santa Ana Unified School District
Services Provided
Overview:
The Community Development Agency intends to partner with the Santa Ana Unified School
District to develop the Graffiti Arts Program (GAP), focusing on the top floor of the 420 N. Main
Street parking structure. The program will be implemented beginning May 2022 with SAUSD
high school students. There will be an application process to select 5-7 local professional mural
artists each specializing in a mural painting technique (portraiture, lettering, tiling, etc.). Over the
course of the program, these mural artists will teach students how to research, design, and install
large public art murals. The final products will be covered in an anti -graffiti coating to protect
them from both unwanted markings and UV rays.
By exposing students to painting and learning through the arts, GAP will achieve significant
developmental youth outcomes, reduce youth participation in unsafe activities, and combat the
teen dropout rate. By collaborating with local professional mural artists, GAP's curriculum will
cultivate the students' artistic skills, increase their knowledge of local history, and introduce them
to a network of professional artists and resources.
Deliverables:
• Identify and hire program coordinator
• Create program structure and timeline
• Create application form for program and work with teachers to recruit students to apply
• City of Santa Ana will identify the walls that will be used and will provide size
• Create a call for artists
• Recruit and engage experts in the field to deliver workshops and presentations to create
and deliver mural content
• The design and creation of the murals at 420 N. Main Street Parking Garage
• Provide any necessary transportation for student access
• Develop and deliver curriculum and instruction to build mural -making capacity
• Develop and provide necessary instructional materials and resources needed
• Provide certificates of recognition to all participants, so that students can list this program
on their resumes for future internships and employment opportunities
Outcomes:
• Students will have weekly virtual interaction with the muralist and student team, and
monthly or bi-monthly in -person interaction based on artist and student availability. The
program will conclude with an unveiling and community reception.
SAUSD Arts have many working relationships with Santa Ana muralists and will be
going through a process to identify the muralists who will be working with students to
ensure the proper clearances and insurance requirements are met.
Student transportation will be provided by the SAUSD Arts Department with bussing
through the district's transportation department.
The program and opportunity to participate will be made available to all SAUSD High
School students who are on track to graduate. This includes our comprehensive high
schools as well as our alternative education high schools which include, but are not
limited to educational options schools. Santa Ana Unified School District is composed of
students who:
0 81% qualify for the Free or Reduced Lunch program
0 87% come from Low-lnclome Families
0 96% are Latino
o 45% are English Language Learners
0 17% are experiencing homelessness at the high school level
0 17.8% of students at the comprehensive, non -fundamental high schools, receive
special education services.
• Proposed programming will be developed by the SAUSD Arts team, including our Arts
Curriculum Specialist to ensure that all programming is aligned with the California Arts
Content Standards for high school students. Programming will include culturally relevant
pedagogical approaches and promote social -emotional ieanting skills.
• Through grant funds, SAUSD Arts will provide all materials and supplies necessary to
complete the project.
• SAUSD will maintain all appropriate insurances including Commercial General Liability,
Automobile Liability, and Workers' Compensation as required by the City and District
needs.
• Santa Ana will cover parking fees at the garage where murals will be installed.
Agreement Statement
SAUSD Ails is in concurrence with the items outlined in EXHIBIT Il — Sample Agreement, with
the exception of the Waiver of Subrogation. SAUSD has stated from previous events that the
district will not provide a Waiver of Subrogation.
The proposal shall include a statement outlining your concurrence or concerns with any and all
provisions as contained in EXHIBIT II — Sample Agreement
Profile of SAUSD Arts
SAUSD Arts is a department within the Santa Ana Unified School District. Led by
Robyn MacNair, Ails Coordinator, the SAUSD Arts team also includes Lindsey Barfield,
Arts Program Specialist, Sofia Cuevas, Arts Curriculum Specialist, and Wendi Turk,
Operations Specialist, as the key individuals working with the City on this project and
proposal.
The Santa Ana Unified School District is where the SAUSD Arts office is located at the
following address;
t60 E. Chestnut Avenue
Office B-116
Santa Ana, CA 92701
The Project Manager/Principal Agent, is Robyn MacNair, with primary support and
day-to-day project management assigned to Lindsey Barfield.
Proposed Work Plan
Project Overview:
The Community Development Agency and the Santa Ana Unified School District will partner to
implement the Graffiti Arts Program (GAP), which aims to provide high school students with an
opportunity to learn about mural painting techniques, public art, and local history. The program will
take place on the top floor of the 420 N. Main Street parking structure, beginning in June 2023,
Scope of Services:
The following services will be provided as part of the Graffiti Arts Program:
• Curriculum Development: Develop a curriculum that focuses on research, design, and
installation of large public art murals. The curriculum will be developed in collaboration
with the local professional mural artists who will be teaching the students.
• Student Recruitment and Selection: Conduct an application process to select 5-7 high
school students who are interested in learning about mural painting techniques and local
history.
• Professional Mural Artist Selection: Conduct an application process to select 5-7 local
professional mural artists, each specializing in a mural painting technique (portraiture,
lettering, tiling, etc.).
• Mural Painting Workshops: Facilitate a series of workshops where professional mural
artists will teach students about mural painting techniques, research, and design. The
workshops will take place over the course of the program and will culminate in the
installation of large public art morals on the top floor of the 420 N. Main Street parking
structure.
• Anti -Graffiti Coating: Cover the final products in an anti -graffiti coating to protect them
from both unwanted markings and UV rays.
Youth Outcomes:
The Graffiti Arts Program aims to achieve the following developmental youth outcomes:
• Improved artistic skills
• Increased knowledge of local history
• Fnhanced collaboration and teamwork skills
• Greater sense of community engagement
• Reduced youth participation in unsafe activities
• Combat the teen dropout rate
Collaboration:
The Graffiti Arts Program will collaborate with local professional mural artists to provide students
with access to a network of professional artists and resources. The curriculum will be developed in
collaboration with professional mural artists to ensure that it is relevant and engaging for the students.
Evaluation:
The success of the Graffiti Arts Program will be evaluated based on the following metrics:
• Number of high school students who participate in the program
• Quality of installation
• Feedback from students, teachers, and professional mural artists
By implementing the Graffiti Arts Program, the Community Development Agency, and the Santa Ana
Unified School District will provide high school students with an opportunity to learn about nmral
painting techniques, public art, and local history. The program will also achieve significant
developmental youth outcomes, reduce youth participation in unsafe activities, and combat the teen
dropout rate. By collaborating with local professional mural artists, the program's curriculum will
cultivate students' artistic skills, increase their knowledge of local history, and introduce them to a
network of professional artists and resources.
Proposed Timeline:
• June 2022
o Hire Program Coordinator
o Develop program details and rollout
• July -August 2023
o Call for artists - begin hiring process
• September 2023
o Rollout with teachers
o Recruit students
• October 2023 - May 2024
o Rotations of artists
o Design of Murals
o Installations of murals
• June 2024
o Unveiling ceremony
s
Cost Proposal/Proposed Budget:
Action
Cost
Program Coordination
$5,000
Materials and Equipment
$6,000
Artist contracts including materials and supplies
$35,000
Transportation to and from learning sites
$2,000
Curriculum materials and resources and completion certificates
$1,000
Culminating event for students, families, and community
$1,000
Total
$50,000
Attachments A-F
10
CITY OF SANTA ANA
ATTACHMENT A
PROPOSER'S CERTIFICATION, PROPOSAL ITEM PRICING
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 all
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.
Santa Ana Unified School District
LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS
1601 E. Chestnut, Santa Ana, CA 92701
BUSINESS ADDRESS
Robyn MacNair Arts Coordinator
PRINTED NAME OF AUTHORIZED AGENT TITLE
April 12, 2023 Robyn.MacNair@sausd.us
SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS
N/A N/A
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.
(9)
CITY OF SANTA ANA
ATTACHMENT B
REFERENCES
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 for additional
information regarding your firm's qualifications.
REFERENCE
Customer Name: Contact Individual:
Address:
Contract Amount:
Number:
EMAIL:
Year:
Description of supplies, equipment, or services provided:
Customer Name: Contact Individual:
Address:
Contract Amount:
ne Number:
EMAIL:
Year:
Description of supplies, equipment, or services provided:
REFERENCE
Customer Nar
Address:
Contract Amount:
Contact Individual:
Phone Number:
EMAIL:
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.
(9)
CITY OF SANTA ANA
ATTACHMENT C
PROPOSER'S STATEMENT
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.
Santa Ana Unified School District
Signed and Printed Name:
Title Arts Coordinator
Date
April 12, 2023
Robyn MacNair
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
(9)
CITY OF SANTA ANA
ATTACHMENT D
NON -COLLUSION AFFIDAVIT
(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.
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.
(9)
CITY OF SANTA ANA
ATTACHMENT E
NON -LOBBYING CERTIFICATION
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 undersigned
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: Arts Coordinator
Firm: Santa Ana Unified School District
Date:
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
CITY OF SANTA ANA
ATTACHMENT
NON-DISCRIMINATION CERTIFICATION
The undersigned consultant or corporate officer, during the performance of this contract, certifies as
follows:
The Consultant shall not discriminate against any employee or applicant for employment because of
race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that
applicants are employed, and that employees are treated during employment without, regard to their
race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The 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.
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
(2)
CITY OF SANTA ANA
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: Arts Coordinator
Firm: Santa Ana Unified School District
Date: April 12, 2023
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
Le, Tram
From: City of Santa Ana <certificate-request@ctrax.jdidata.com>
Sent: Tuesday, September 26, 2023 9:07 AM
To: Arts and Culture; Martinez, Elena; Montes, Miguel
Subject: Internal Notice of Compliance
NOTICE OF COMPLIANCE
CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL
Contractor Santa Ana Unified School District
Name:
Project TBD (054)
Number:
Project Agreement With Santa Ana Unified School District To Implement
Name: Bridging The G.A.P. (Graffiti Arts Program)
The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the
insurance requirements. No further action is required at this time.
The compliant coverage(s) are:
POLICY EXPIRATION T_
TYPE OF INSURANCE COI DATE FILE NAME
NUMBER DATE
AUTOMOBILE LIABILITY
GENERAL LIABILITY
SEXUAL ABUSE
MOC144 1 07/01/2024
MOC144 07/01/2024
SELFINSURED 1 07/01/2024
WORKERS COMPENSATION AND SELFINSURED
1 EMPLOYERS' LIABILITY
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2023-24 City of
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2023-24 City of
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