Agenda packet — Santa Ana City Council, September 6, 2022 (part 10 of 12)

*Resource Name or #: Dr. Mabel A. Geddes House
B1. Historic Name: Dr. Mabel A. Geddes House
B2. Common Name: Same
B3. Original Use: Single-Family ResidenceB4. Present Use: Single-Family Residence *B5. Architectural Style: Monterey Revival
*B6. Construction History: (Construction date, alterations, and date of alterations): Constructed March 5, 1936. $7,500.

August 10, 1942. Addition to garage by owner. $50.

May 11, 1992. Reroof without tear-off. $1,840.

April 8, 2008. Reroof w/t.o.- remove and apply comp shingles to SFD and detached garage. $6,360. *B7. Moved?NoYesUnknown Date:__________Original location:_______ _______ *B8. Related Features: Detached Garage.

B9a. Architect:Unknownb. Builder: Jasper Farney
*B10. Significance: Theme Residential ArchitectureArea Santa Ana Period of Significance: 1936 Property Type: Single-Family Residence Applicable Criteria: C/3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Dr. Mabel A. Geddes House is architecturally significant as an intact and characteristic example of the Monterey Revival architectural style in Santa Ana. Substantially intact, the property was built in 1936 by Jasper Farney, partner in the prominent Santa Ana construction and development company of Honer, Herzig, and Farney. The home was built for Dr. Mabel A.

Geddes and her husband William Geddes, who resided on the property with their three sons, David, John, and Francis. Dr.

Mabel A. Geddes was a supervisor of health for Orange County schools, Board member of the Young Women’s Christian Association (YWCA) of Santa Ana, and a Chairperson of Orange County Nutrition Committee. David Geddes went on to become a doctor and was a leading Orange County psychiatrist for 50 years, and responsible for founding the Rush Center for psychiatric care at St. Joseph Medical Center in Orange. Dr. Mabel A. Geddes and her family resided on the property until mid- to late-1970s. According to City directories, the property was occupied by Robert Bruce and Alice Sinclair. City directories show that they resided on the property until 2010 before the property was transferred or bought by Kimberly Sinclair. Kimberly Sinclair remained at the property until the current owner’s purchased the property. (See Continuation Sheet 3 of 3.)
B11. Additional Resource Attributes: (List attributes and codes)

*B12. References:

City of Santa Ana Building Permits
Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps
(See Continuation Sheet 3 of 3.)
B13. Remarks:
*B14. Evaluator: Leslie Heumann/Chattel, Inc.
*Date of Evaluation: July7, 2022
DPR 523B (1/95) *Required information
Sketch Map

(This space reserved for official comments.)
Dr. Mabel A. Geddes House
1916 Greenleaf Street
N

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State of California  The Resources AgencyPrimary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATIONHRI # ________________________________________________ CONTINUATION SHEETTrinomial _____________________________________________

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*Recorded by Pedro Gomez*Date July 7, 2022  Continuation  Update DPR 523L
*B10. Significance (continued):

Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses.

The Dr. Mabel A. Geddes House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados, and walnuts and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). “Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land.

And that month, he began building custom homes in Santa Ana” (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. “When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each” (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival.

The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the El Toro Marine Base during World War II, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue.

In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell’s own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post World War II years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style.

In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2022) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens.

The Dr. Mabel A. Geddes House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an example of the Monterey Revival style in Santa Ana. Additionally, the house has been categorized as “Contributive” because it contributes to the overall character and history of Floral Park and is a representative example of Monterey Revival architecture. Character defining features of the Dr. Mabel A. Geddes House that should be preserved include, but may not be limited to, massing and composition, consisting of a hipped roof body with a hipped roof wing projecting in the north third of the (east) facade; partial width balcony cantilevered beneath the shelter of the main roof on extended beams from the south two-thirds of the façade; wood posts and wrought iron railing enclosing the balcony; open veranda below the balcony; combination of brick and stucco exterior siding; flat-headed entry topped by three-light transom; and casement windows and french doors.
*B12. References (continued):

Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998.

Hess, Alan. Ranch House. New York: Harry N. Abrams, Inc. 2004 Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994.

McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984.

National Register Bulletin 16A. “How to Complete the National Register Registration Form.” Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991.

Office of Historic Preservation. “Instructions for Recording Historical Resources.” Sacramento: March 1995.

Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. “Alison Honer Dies at 84,” The Santa Ana Journal, September 21, 1981. “Builder of Honer Plaza Dies,” Orange County Register, September 15, 1981. “History of Floral Park.” http://www.floral-park.com/page2.html.

Santa Ana and Orange County Directories, 1940-1979.

Talbert, Thomas B. (editor). The Historical Volume and Reference Works: Orange County. Whittier, CA: Historical Publishers, 1963.

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MILLS ACT AGREEMENT
1916 Greenleaf Street
Santa Ana, CA 92706
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Exhibit C
Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S.

Secretary of the Interior’s Standards for Rehabilitation of Historic Buildings, as follows:

1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose.

2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.

3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.

4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment.

These changes may have acquired significance in their own right, and this significance shall be recognized and respected.

5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity.

6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures.

7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.

8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project.

9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with

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MILLS ACT AGREEMENT
1916 Greenleaf Street
Santa Ana, CA 92706
- 2 -
size, scale, color, material and character of the property, neighborhood, or environment.

10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired.

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HRC 2022-8/ HRCA 2022-12/ HPPA 2022-11
1916 GREENLEAF STREET
DR. MABEL A. GEDDES HOUSE
500’ RADIUS

P L A N N I N G AND B U I L D I N G A G E N C Y
SITE

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Human Resources
www.santa-ana.org/hr
Item # 17
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 6, 2022
TOPIC: Approve Agreement for Court Reporting and Transcription Services AGENDA TITLE:

Approve Master Agreement for Court Reporting and Transcription Services with Veritext Corporation, effective September 6, 2022 through June 30, 2024 (General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute an Agreement with Veritext Corporation to provide court reporting and transcription services not to exceed $150,000, effective September 6, 2022 through June 30, 2024, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
The City has a contractual relationship with Veritext Corporation for court reporting and transcription services. This Agreement will provide the Human Resources Department with the necessary resources to efficiently meet the expanded court reporting and transcription needs of the City’s administrative hearings, including, but not limited to, Personnel Board hearings on an as needed-basis.

Staff recommends approval of the agreement to provide court reporting and transcription services in an efficient manner, on an as needed-basis by the City, and to address pending invoices resulting from a Personnel Board hearing. This on-call service agreement does not guarantee work for the vendor.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
The estimated expenditures below are strictly approximations; contract authority may be paid in its entirety during any given fiscal year, expended throughout the term of the contract, or not spent at all. Moreover, any contract services and associated expenditures are subject to available funding in the Human Resources Department budget.

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Funds for the Veritext Corporation Agreement are budgeted and available in the Human Resources Services, Contract Services-Professional expenditure account (no. 01109050 – 62300) for FY 2022-23, and the estimated expenditure amount will be budgeted for FY 2023-24. This on-call service agreement does not guarantee work for the vendor.

Fiscal Year Accounting
Unit – Account
No.

Fund, Account
Description
Amount
2022-23 01109050-
62300
Human Resources
Services, Contract
Professional
$90,000.00
2023-24 01109050-
62300
Human Resources
Services, Contract
Professional
$60,000.00
Total $150,000.00

EXHIBIT(S)

1. Agreement with Veritext Corporation
Submitted By: Jason Motsick, Executive Dir Human Resources Approved By: Kristine Ridge, City Manager

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Human Resources
www.santa-ana.org/hr
Item # 18
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 6, 2022
TOPIC: Approve Agreement for Bilingual Testing Services AGENDA TITLE:

Approve Master Agreements for Bilingual Testing Services with ALTA Language Services, effective September 6, 2022 through June 30, 2024 (General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute an Agreement with ALTA Language Services, Inc. to provide language proficiency testing services not to exceed $100,000, effective September 6, 2022 through June 30, 2024 with three - one (1) year renewal options, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
The City has a need to supplement internal bilingual testing capabilities. The City currently has approximately 960 employees receiving bilingual pay for speaking nearly ten different languages, including American Sign Language. The Agreements will provide the Human Resources Department with expanded and consistent language proficiency testing services and the necessary resources to efficiently meet the bilingual testing needs of the City, including recertification testing.

Staff recommends approval of the Agreements to provide language proficiency testing and recertification services in an efficient manner, on an as-needed basis by the City. The Agreements do not guarantee work for either vendor.

ENVIRONMENTAL IMPACT
The consideration and approval of the proposed action do not constitute a project under the California Environmental Quality Act.

FISCAL IMPACT
The Human Resources Department has budgeted for the service agreements and will do so accordingly in subsequent fiscal years. The Agreements do not guarantee work for either vendor.

The estimated expenditures below are strictly approximations; contract authority may be paid in its entirety during any given fiscal year, expended throughout the term of the

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September 6, 2022

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contract, or not spent at all. Moreover, any contract services and associated expenditures are subject to available funding in the Human Resources Department budget.

Funds for the ALTA Language Services, Inc. agreement are budgeted and available in the Human Resources Services, Contract Services-Professional expenditure account (no. 01109050 – 62300) for FY 2022-23, and the estimated expenditure amount will be budgeted for FY 2023-24 and 2024-25.

Fiscal Year Accounting Unit –
Account No.

Fund, Account Description Amount
2022-23 01109050-62300 Human Resources Services,
Contract Professional
$50,000.00
2023-24 01109050-62300 Human Resources Services,
Contract Professional
$50,000.00
Total $100,000.00

EXHIBIT(S)

1. Agreement with ALTA Language Services, Inc.

Submitted By: Jason R. Motsick, Executive Director of Human Resources Approved By: Kristine Ridge, City Manager

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AGREEMENT WITH ALTA LANGUAGE SERVICES

FOR LANGUAGE PROFICIENCY TESTING
THIS AGREEMENT is made and entered into on this 6th day of September, 2022 by and between ALTA Language Services, Inc., a Georgia corporation, (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A . The City desires to retain a Consultant having special skill and knowledge in the field of providing on-call or as-needed certification and testing services for employee language proficiency.

B . Consultant represents that Consultant is able and willing to provide such services to the City.

C . In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field.

NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:

1. SCOPE OF SERVICES
Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A , attached hereto and incorporated by reference.

2. COMPENSATION
a . This is an on-call or as-needed agreement. City makes no promise of any specific compensation pursuant to the terms of this Agreement. To the extent that City utilizes Consultant’s services, City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed $100,000.
b . Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. 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.

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3. TERM
This Agreement shall commence on September 6, 2022 and terminate on June 30, 2024, with the option for the City to grant up to three (3) one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney to unless terminated earlier in accordance with Section 15, below.

4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.

5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement.

Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

6. INSURANCE
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, its agents, representatives, employees or subcontractors.

MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:

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1. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if consultant provides written verification it has no employees)

2. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.

If the Consultant 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 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 both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

Primary Coverage
For any claims related to this contract, the Consultant’s insurance coverage shall be primary insurance 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

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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
If any of the required policies provide claims-made coverage:

1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the 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 and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. 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.

Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.

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 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)

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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.

8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement.

9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.

10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such 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

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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, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.

13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and 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.

14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor, 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 Contractors retained by City.

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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.

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:

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#217179v4
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,
Human Resources Agency
City of Santa Ana
20 Civic Center Plaza (M-24)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714-647-6930
To Consultant:

Rob Jones, CEO
ALTA Language Services, Inc.
3355 Lenox Road NE, Suite 450
Atlanta, Georgia 30326
Fax: (404) 920-3801
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 .

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.

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#217179v2
(title)
Tax ID#
c . All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
d . The Parties agree that this Agreement may be signed electronically and in counterparts with each signature page being combined to form one fully executed original Agreement.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.

ATTEST: CITY OF SANTA ANA
Kristine Ridge
Clerk of the Council City Manager
APPROVED AS TO FORM:

SONIA R. CARVALHO ALTA LANGUAGE SERVICES, INC.:

City Attorney
By: for
Laura A. Rossini
Chief Assistant City Attorney
RECOMMENDED FOR APPROVAL:

Jason Motsick
Executive Director
Human Resources Agency

By:

Title:

Barbara Cozzarini
Corporate Compliance
SignNow e-signature ID: fe6d7b4adc...
08/17/2022 14:43:06 UTC

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EXHIBIT A

SCOPE OF SERVICES

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I. SCOPE OF SERVICES

CITY OF SANTA ANA
Many of the City’s positions require additional language proficiency by staff to maintain efficient operations. A certification/testing process is required to validate an employee’s verbal proficiency, and depending on assignment, their written proficiency, prior to the City’s authorization of bilingual pay in those positions deemed necessary.

The following activities will be conducted by the CONSULTANT for the CITY:
a) Provide the ability for City staff to assign tests in an efficient, simplified manner. b) Provide technical user support for both City staff and test taker. c) Test career employees from the City of Santa Ana for bilingual pay certification. d) Issue a “certificate of competency” with performance rating or score for each tested employee that meets the requirements.
e) Maintain data of all assessments conducted and provide reports as requested.
f) While not required, ability to conduct online/remote testing option is desired. g) While not required, ability to conduct multiple, concurrent assessments is helpful.

RFP No. 22-067 Language Proficiency Testing Services Page 18 of 32

EXHIBIT A

SCOPE OF SERVICES

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EXHIBIT B

COMPENSATION
Fee Proposal including hourly rates if applicable

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ALTA Language Services, Inc.

Tel: 404-920-3800 Fax: 404-920-3801 www.altalang.com
Spanish Instructor, inlingua Language and Intercultural Services Inc., Atlanta, GA, 1999-2001 • Evaluated Delta and Continental Airlines staff to qualify for international flights assignments. • Taught Spanish Language classes to business executives such as Coca Cola Enterprises, BellSouth, Turner Broadcasting Group, the Center for Disease Control, and other Atlanta businesses.
• Taught language distance Spanish classes via internet-conferencing.

Education
Georgia State University, Atlanta, GA, 1998 –2000
Translation Certificate Program - English/Spanish
Studied translation techniques for legal, technical, medical, and commercial documentation.

Andrés Bello Catholic University, Caracas, Venezuela, 1985- 1991 Attorney (equivalent of a J.D.)
English, Spanish, and basic knowledge of French
VIII. Pricing
Test (any language) Rate per test
Listening and Speaking (IVR) $55.00
Listening and Speaking (Live) $66.00
Access to the toll-free number for Listening and Speaking (Live)
$2.00
Writing $66.00
Proctoring (ProctorU) (optional) $15.00 (IVR)
$23.00 (Writing)
Job Analysis (optional) $2,000 per position
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Document
HistorySignNow
E-SignatureAuditLogAll datesexpressedinMM/DD/YYYY(US)Document name:Alta LanguageServices-LanguageProficiencyTestingw
exhibits219248.5_FinalDocument
created:08/17/2022 14:41:34Document
pages:13 Document
ID:306456d7c7b94cfdb8205a65918626cf6f26cc8e Document
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Status:Sender:
[email protected] Signers:

CC:

Client
Event By Server TimeClient TimeIP AddressSignNow
WebApplicationUploaded [email protected] 08/17/2022 14:41:34pmUTC08/17/2022 14:41:32pmUTC52.255.189.242 SignNow WebApplicationViewed [email protected] 08/17/2022 14:41:57pmUTC08/17/2022 14:41:57pmUTC52.255.189.242 SignNow WebApplicationSigned theDocument,SignatureID:
[email protected] 08/17/2022 14:43:06pmUTC08/17/2022 14:43:06pmUTC52.255.189.242 SignNow WebApplicationAdded [email protected] 08/17/2022 14:43:06pmUTC08/17/2022 14:43:06pmUTC52.255.189.242 SignNow WebApplicationAdded [email protected] 08/17/2022 14:43:06pmUTC08/17/2022 14:43:06pmUTC52.255.189.242 SignNow WebApplicationDocument [email protected] 08/17/2022 14:43:06pmUTC08/17/2022 14:43:06pmUTC52.255.189.242

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Human Resources
www.santa-ana.org/hr
Item # 19
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 6, 2022
TOPIC: Approve Agreements for 2023 Employee Benefits
AGENDA TITLE:

Approve Agreements with Pre-Paid Legal Services, Inc., dba LegalShield to Provide Identity Theft Services and United Pet Care, LLC to Provide Pet Care Insurance for 2023 Employee Benefits

RECOMMENDED ACTION

1. Authorize the City Manager to execute an Agreement with Pre-Paid Legal Services, Inc., dba LegalShield, for identity theft services, effective January 1, 2023 through December 31, 2023, with automatic renewals (for additional one (1) year terms), subject to non-substantive changes approved by the City Manager and City Attorney.

2. Authorize the City Manager to execute an Agreement with United Pet Care, LLC, for pet care insurance, effective January 1, 2023 through December 31, 2023, with automatic renewals (for additional one (1) year terms), subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
Keenan, the City’s Benefits Broker, assisted in a market study to compare services and rates for supplemental insurance plans. Among the supplemental insurance available, staff selected identity theft protection services and pet insurance as plans that would provide additional benefits to City employees. LegalShield provides identity theft protection services including credit bureau, public records, and web monitoring, identity restoration, financial protection, and cybersecurity and device protection. Pet insurance differs from medical insurance in that it offers a discount at the point of sale for those veterinarians who are members in the plan.

The City does not contribute monies toward these additional benefit options; that is, employees are solely responsible for any and all premiums for identity theft services and pet insurance.

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Approve Agreements for 2023 Employee Benefits
September 6, 2022

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2 1

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
The costs of the supplemental benefits are born entirely by the employees who elect to participate in the plans. There are no setup or maintenance fees.

EXHIBIT(S)

1. Agreement with Pre-Paid Legal Services, Inc.

2. Agreement with United Pet Care, LLC
Submitted By: Jason Motsick, Executive Dir Human Resources Approved By: Kristine Ridge, City Manager

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Public Works Agency
www.santa-ana.org/pw
Item # 20
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 6, 2022
TOPIC: Citywide Parking Study – Consulting Services

AGENDA TITLE
Approve an Agreement with Dixon Resources Unlimited, for Consulting Services for a Citywide Parking Study in an amount not to Exceed $500,000 for up to a Two-Year Term (General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Dixon Resources Unlimited, for Consulting Services for a Citywide Parking Study in an amount not to exceed $500,000 for a two-year period beginning September 6, 2022 and expiring on September 5, 2024, with a provision for one one-year extension, for a total aggregate amount not to exceed $500,000, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
On April 27, 2022, the Public Works Agency issued a Request for Proposal (RFP) for firms to provide Consulting Services for a Citywide Parking Study (Exhibit 1). The selected consultant will supplement City staff by providing professional services that identify feasible solutions/recommendations to the City’s current parking concerns. The solutions/recommendations, which will establish a potential new permit parking program, will need to be comprehensive and address all aspects of the parking demands in the City.

The RFP was advertised on the City’s online bid management and publication system, with bids due on June 1, 2022. Two consultants downloaded the project documents. Two proposals were received and evaluated by a selection committee based on criteria as outlined in the RFP. Interviews of the two consultants were conducted on June 28, 2022.

Listed below are the responding consultants and their ranking:

Rank Firm Average
Score
Location
1 Dixon Unlimited 93 San Diego
2 Walker Consultants 87.5 Los Angeles

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Citywide Parking Study - Consulting Services
September 6, 2022

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2 9
2 3
In accordance with the RFP, staff recommends awarding a contract to Dixon Resources Unlimited (Exhibit 2). Consultant demonstrated a high technical competency and experience performing similar services. The proposals contained a clear path toward achieving City goals and objectives as required by the RFP.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
The total amount of the agreement is not to exceed $500,000. $500,000 in General Funds are budgeted and available in the FY 22/23 Council Approved City Budget. Project No. 23-6026 has been assigned to track all expenditures to deliver the parking study. Any unspent funds will be carried forward from FY 22/23 to FY 23/24 to complete the study.

EXHIBIT(S)

1. RFP No. 22-074, Citywide Parking Study – Consulting Services

2. Agreement for Dixon Resources Unlimited
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
Fiscal
Year
Accounting Unit-
Account No.

Fund
Description
Accounting Unit -
Account Description Amount
2022-23 01117620-62300
(23-6026)
General
Fund
PW-Traffic/Transportation-
Service Enhancement,
Contract Services
Professional
$400,000
2023-24 01117620-62300
(23-6026)
General
Fund
PW-Traffic/Transportation-
Service Enhancement,
Contract Services
Professional
$100,000
Total $500,000

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REQUEST FOR PROPOSALS (RFP)
FOR

CITYWIDE PARKING STUDY - CONSUL TING SERVICES
Approved for Release:

RFP NO.: 22-074

CITY OF SANTA ANA
Public Works Agency
20 Civic Center Plaza, M-43
Santa Ana, CA 92701
Zdenek Kekula
Project Manager
(714) 647-5606 Office
[email protected]
Nabil Saba
Executive Director.,¥
Public Works Agency
KEY RFP DA TES (Subject to change at discretion of City):

Issue Date:

Pre Proposal Meeting Date (Mandatory):

Deadline for Requests for Information:

Proposal Due Date:

Projected Award Date:

Wednesday, April 27, 2022
Wednesday, May 11, 2022
Wednesday, May 18, 2022
Wednesday, June 1, 2022; 12:00 PM.

Tuesday, July 19, 2022
EXHIBIT 1

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City of Santa Ana RFP 22-074

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NOTICE INVITING PROPOSALS
NOTICE IS HEREBY GIVEN that proposals will be received from qualified Firms for:

CITYWIDE PARKING STUDY - CONSULTING SERVICES
Responses to this Request for Proposals (RFP) must be submitted electronically to the PlanetBids system no later than June 1st, 2022 at 12:00 p.m. Proposals received after th is date/ time will not be considered. It is the responsibility of the proposer to ensure that any proposals submitted have sufficient time to be received by the City of Santa Ana prior to this proposal due date and time.

Additionally, it is a requirement that hard copy proposals also be sent by courier service, mailed, or hand delivered in an enclosed sealed envelope and marked clearly with the following “SEALED PROPOSAL FOR
CITYWIDE PARKING STUDY – CONSULTING SERVICES
RFP NO. 22-074

IN THE CITY OF SANTA ANA
DO NOT OPEN WITH REGULAR MAIL.”
City of Santa Ana
Attn.: ZDENEK KEKULA
Public Works Agency; M-43
20 Civic Center Plaza; Ross Annex
Santa Ana, CA 92701
For further instructions regarding hard copy submission of proposals, refer to PlanetBids.

All notifications, requests for information, updates and addenda will be posted online on PlanetBids at https://www.planetbids.com/portal/portal.cfm?CompanyID=20137. P roposers 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 qualification.

P
RE-PROPOSAL MEETING: There will be a mandatory pre-proposal meeting on Wednesday May 11, 2022, at 11:00 am. We will meet at 20 Civic Center Plaza; Ross Annex, Santa Ana, CA 92701 (4th floor, Conference Room), or through zoom with the link:
https://us06web.zoom.us/j/84501025411 ,
Meeting ID: 845 0102 5411
One tap mobile: +16699006833, 84501025411# US (San Jose), +13462487799, 84501025411# US (Houston)

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CONSULT

ANT AGREEMENT BETWEEN THE

CITY OF SANTA ANA AND DIXON RESOURCES

UNLIMITED TO CONDUCT A CITYWIDE PARKING STUDY
THIS AGREEMENT is made and entered into on this 6th day of September, 2022 by and between Dixon Resources Unlimited , (“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 Cit
y desires to retain a Consultant having special skill and knowledge in the field of conducting a citywide parking study to establish a potential new permit parking program in the City.

B. Consul
tant represents that Consultant is able and willing to provide such services to the City.

C. In und
ertaking 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 THER
EFORE, 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 O

F SERVICES
Consultant shall perform during the term of this Agreement, the services described in the scope of work that was included in RFP No. 22-074 and that is attached as Exhibit A, and as furth
er delineated in Contractor’s proposal, which is attached as Exhibit B and incorporated in full.

2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates an
d charges identified in Fee Proposal - Exhibit C. The total amount to be expended during the term of this Agreement including any extension periods
shall not exceed $500,000.
b. Payment by Ci ty 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 R
ecitals w
hich may reasonably be expected by City.

EXHIBIT 2

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3. TER
M
This Agreement shall commence on the date first written above for a two (2) year term with the option for the City to grant up to a one (1)-year renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 1 5, below.

4. I

NDEPENDENT CONTRACTOR
C
onsultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.

5. O

WNERSHIP OF MATERIALS
T
his 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 subcon tractors to agree in writing that City is granted a non -exclusive and perpetual license for any Documents & Data the sub contractor prepares under this Agreement.

6. I

NSURANCE
C
ontractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.

INIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and

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co
mpleted 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.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. (Not required if consultant does not require an automobile to perform services.)

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if consultant provides written verification it has no employees.)

4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.

If the Consultant 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 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 both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

P
rimary Coverage
For any claims related to this contract, the Consultant’s insurance coverage shall be primary insurance 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 se lf-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

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N
otice of Cancellation
Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the Entity.

W
aiver of Subrogation
Consultant hereby grants to Entity a waiver of any right to subrogation which any insurer of said Consultant may acquire against the Entity by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the Entity. The Entity 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 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
If any of the required policies provide coverage on a claims-made basis:

1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five
(5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Dat e prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

Verification of Coverage
Consultant 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 Consultant’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.

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S
ubcontractors
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.

7. I

NDEMNIFICATION
C
onsultant 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, whic h 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.

8. I

NTELLECTUAL PROPERTY INDEMNIFICATION
C
onsultant 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.

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in
voices 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. C

ONFIDENTIALITY
I
f 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 pro tect 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 or ally, 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. CO

NFLICT OF INTEREST CLAUSE
C
onsultant 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. NO

N-DISCRIMINATION
C
onsultant 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, o r disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.

13. E

XCLUSIVITY AND AMENDMENT
T
his 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

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t
erms 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. AS

SIGNMENT
I
nasmuch as this Agreement is intended to secure the specialized services of Contractor , 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 Contractors retained by City.

15. TER

MINATION
T
his 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. W
AIVER
N
o waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.

17. J

URISDICTION - VENUE
T
his 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.

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18. P

ROFESSIONAL LICENSES
C
onsultant shall, throughout the term of this Agreement, maintain all necessar y 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. NO
TICE
A
ny 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:

C
lerk 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
Wi
th courtesy copies to:

Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-43)
P.O. Box 1988
Santa Ana, California 92702
To Contractor:

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ad
dressed 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. M

ISCELLANEOUS 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.
[
Signatures on the following page]

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EXHIBIT A

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EXHIBIT B

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Dixon Resources Unlimited | Citywide Parking Study for City of Santa Ana 12

district in Downtown where specific parking management strategites can be deployed towards achieving a “park-once” walkable transit zone.

A detailed data collection survey was undertaken to document the supply, type, and hourly demand of the parking facilities including surface lots and on -street spaces encompassing a total of approximately 3,731 parking spaces. The study identified hot- spots of parking demand during different time periods of the data collection days.

The study included identification of parking management strategies that can be implemented either in isolation or combined as part of a larger management strategy in support of a “park - once” program. Potential timing and relative cost of the various strategies was provided, as well as case studies from other Southern California cities. The study recommended a number of next steps for the City to undertake as part of the development of a “park-once” zone.

Selena Kelaher, Associate Planner, (714) 667-2740, [email protected]

F. References

Section 2. Scope of Services and Schedule
The following workplan addresses the technical approach, methodology, and specific tasks that will be performed as part of the Scope of Work detailed in the Request for Proposals. Below is a summary of the deliverables associated with each task; however, i t should be noted that the Project Team is adaptive to the City’s needs. We will work with the City and, based upon the evolution of the Project, we will adjust our deliverables to ensure ongoing alignment with project goals and overall project plan priorities.

Task A: Project Management
Our team will engage City staff throughout the duration of the project to support a collaborative project management approach. The proposed budget includes all costs to support a project kickoff meeting and ongoing project management. We will plan to schedule bi-weekly teleconference meetings with the project team to provide project updates, collaborate, and address challenges. Additional meetings to be scheduled as required.

To facilitate document sharing, we will establish a shared project folder (such as Dropb ox, Google, SharePoint, or similar) so that City staff can easily provide the relevant documentation for our review. We will maintain this folder throughout the duration of the project to keep all project files organized and accessible.

City Name Contact Name Job Title Email Address
Costa Mesa Jennifer Rosales Transportation Services
Manager [email protected]
Norwalk Miguel Lucero Management Analyst [email protected] Pasadena Jon Hamblen Parking Manager [email protected] Santa Ana Selena Kelaher Associate Planner [email protected]

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Task A. Deliverables
• DIXON will assign Julie Dixon as the overall Project Manager. Kellie Dugdale will serve as the primary project support and serve as the single point of contact for overall communications and project coordination with the City.
• The Project Team will conduct an in person or virtual project kickoff meeting to prioritize objectives and tasks, finalize the schedule, and request background data from the City. During this phase, the Project Team will achieve a thorough understanding of site context to clarify the City’s near, medium, and long -term planning objectives. DIXON will prepare and distribute an agenda and minutes for the kick-off meeting.
• In coordination with City staff, The Project Team will obtain all relevant data to assist with the project including past studies, available data, staff reports, and existing parking management strategies.
• The Project Team will conduct bi-weekly project meetings for the duration of the project. During each meeting, DIXON will provide a project overview and status, highlight problems and corrective measures, and present the next steps. Meetings and project status will be memorialized and distributed to City Staff via e-mail.

Task B: Stakeholder Input
DIXON specializes in s takeholder engagement and communications. Each one of our municipal projects introduces an element of stakeholder engagement. Input from city staff, external stakeholders, advisory groups, and decision makers are a critical part of any municipal program. With each project, we assume a leadership role in coordinating a public involvement strategy to ensure inclusion and transparency with a broad range of stakeholders, including residents, and downtown merchants and businesses, to solicit feedback and improve recommendations. This allows us to bring a local approach to the way we do business and successfully identify operations, management, and technology recommendations.

The response to our communication efforts have been extremely positive and municipal administrators have openly and readily received our recommendations as a result of ongoing stakeholder support and investment. We recently completed an extensive stakeholder outreach process for the City of Costa Mesa where their City Council and staff openly expressed and shared their appreciation for our hands on approach and how the community felt included and heard throughout the process.

Examples of virtual stakeholder engagement facilitated during COVID-19.

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In addition to our direct involvement with staff, stakeholders, advisory groups, and decision makers, DIXON utilizes other opportunities to involve the community including Field Intercept Interviews, Web Survey Tools, Knock-and-Talk Surveys, and customized Focus Groups. We have also successfully transitioned to several online outreach tools that allow for remote participation in the current COVID -19 environment.

Each project is unique, and we develop a public participation plan based upon localized needs. We view each stakeholder meeting as an opportunity to develop our skills and apply lessons learned from past projects. DIXON has been invited to present many of these lessons (“How to Identify and Define Your Stakeholders”) at a variety of industry conferences.

The Project Team’s stakeholder engagement methodology is flexible, and we are committed to adapting to the specific needs of each project. We utilize a combination of in -person and virtual meetings with key stakeholder groups, facilitate large public meetings, and utilize online survey tools to reach as many members of the community as possible. We typically recommend hosting meetings with a combination of user groups including residents of single -family homes, multi-family units, business property owners, and business owners so that the community can understand the diversity of parking challenges and needs.

Focus group meetings are another opportunity to dive deeper into the unique challenges and priorities for each user group, especially when soliciting feedback about draft recommendations.

For the City of Tustin, after an extensive public outreach campaign, over 100 residents joined a community meeting to discuss residential permit parking. In the City of Pasadena, there are several commercial areas with distinct business associations, parking commissions, meter commissi ons, and other advisory groups that influence the parking system. In addition to hosting 12+ virtual and in- person stakeholder meetings throughout the span of the project, two online surveys were conducted which received over 1,200 total responses. A two-day in-person stakeholder site visit was also conducted through four key business districts to poll business owners and employees and encourage participation in the online survey.

For the City of Costa Mesa, an online Residential Parking Survey was available online with English and Spanish language options. 356 residents responded, and 4 percent of respondents took the survey in Spanish. Four virtual community meetings were also held at various stages of the project, with over 130+ total residents in attendance.

Task B. Deliverables:
• The Project Team will formalize the public outreach and stakeholder engagement strategy and timeline into a Public Participation Plan for staff comment and approval. • The Project Team will coordinate up to sixty (60) public meetin gs and twenty (20) Advisory Committee meetings. Meetings will be strategically scheduled to maximize each site visit. DIXON will manage the overall plan and Fehr & Peers will provide local support. • The Project Team will work with the City to develop and finalize a schedule for the public and Advisory Committee meetings.
• The Project Team will prepare public meeting presentation materials, and miscellaneous letters and memos to support the stakeholder engagement strategy. • Our process will support an open and transparent relationship with stakeholders that ensures collaboration with the City. We will discuss the current rules that govern residential permit parking and work with stakeholders to further characterize the cause of parking shortages and demands.

These discussions will identify industry best practices that can be added to the City’s current residential permit parking program.

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• The Project Team will issue an online survey, advertised through social media, to maximize stakeholder participation. DIXON will develop online survey questions that inquire about community demographics, parking perceptions, parking needs, and solicit feedback for incorporation into the overall recommendations. Online survey results will be sum marized on a geographical basis and included in future stakeholder outreach presentations. • The Project Team will prepare minutes, agendas, and reports of all meetings for review and approval by the City’s Project Manager.

Task C: Parking Analysis of Existing Conditions
The Project Team will review the City’s existing residential permit parking program and collect and evaluate parking data to identify the immediate policies, procedures, and implementation plan that will be needed to address parking shortages. This will include an analysis of current residential parking streets, regulations, enforcement, and trends.

During this phase, the Project Team will conduct an Existing Conditions Assessment. The Team will meet with City staff and key stakeholders on -site and virtually to review current processes and identify future needs. This will include an evaluation of business operating in neighborhoods . During our review, we will leverage our experience and understanding of parking and mobility data, as well as parking utilization data, to understand how parking demand varies by time of day, time of year, etc. To better understand community needs, we will also review data related to regional and local demographic s, housing/development, workforce, commuting, and other relevant data such as transit and mobility data.

This includes a review and analysis of data collected through previous studies as well as current planning impacts. We will also interview City staff to understand how the parking operation functions currently, and we will review any documented policies and business rules related to the City’s existing parking management programs.

Task C. Deliverables
• In coordination with City staff, the Project Team will obtain all relevant data to assist with the project including, but not limited to, parking counts, staffing reports, City Council agenda reports, and existing parking management strategies. We will examine all relevant material, current vendor agreements, permitting procedures, and/or strategic planning documents to prepare for the on- site assessment.
• During a two -day Operational Needs Assessment, our Team will meet with stakeholders and representatives from various City departments to examine existing pr ogram details and discuss recommendations for revamping the permit parking program. • During the Operational Needs Assessment, DIXON will evaluate the City’s existing permit parking program with an emphasis on the residential streets and areas where parking demand and spillover effects are greatest. The assessment will include a comparative review addressing technology, staffing, and organizational requirements across core functional areas such as finance, asset management, operations, maintenance, and workforce management, with the understanding that the City’s policies will need to be modified to optimize the parking system. Findings and recommendations will be discussed with the City during a debrief meeting and incorporated into the Parking Action and Implementation Plan outlined in Task E. • DIXON will identify any operational / technology concerns that the City should consider for future implementation purposes.

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Task D. Data Collection and Analysis
The Project Team will prepare a parking usage survey to better understand parking impacts throughout the community and help determine recommendations. Our team understands the importance of making data- driven decisions to address the community’s perception of parking availability and optimize the operation.

The main factor for making data-driven decisions is having an occupancy threshold above or below 85%. A parking occupancy rate greater than 85% is considered approaching the parking limit threshold. Parking occupancy rates less than 85% is consider ed as having adequate parking supply. With well over 10,000 block faces in the City of Santa Ana, a project of this size requires a creative approach because traditional methods of collecting data for the entire City will be budget and time prohibitive. The goal of data collection will be to construct a comprehensive strategy specific to the City’s needs with a realistic and effective data collection plan that delivers quality results. Results from the parking survey will help guide the prioritization and timing recommended within the City of Santa Ana.

The Project Team has extensive experience managing a variety of parking data collection studies to capture efficiencies in the data collection approach. Understanding the needs of the City for c itywide analysis, we have considered a variety of data collection options to optimize the volume of information that can be gathered throughout this project and will gladly work with the City to customize the approach to most effectively address the community needs and priorities.

Our data collection strategy includes two phases:

Phase 1. Citywide “Big Data” Analysis
Our Project Team specializes in Data Science to understand and apply innovative data on projects in transportation planning and traffic engineering. We have forged strategic partnerships with data vendors and invested in research and development in the Data Science arena to provide the best recommendations to the communities we serve. These vendors can provide current and past transportation metrics such as trip origins and destinations derived from aggregated Location Based Services (LBS) leveraging the Globa l Positioning System (GPS) and sensor data through smart phone applications. This will provide us with citywide samples of parking occupancy, turnover/duration, and origin destination data at a fraction of the cost of traditional methods. These solutions c an enhance our data collection approach and help bring specific insights to parking Citywide. The Project Team will use this data to identify peak occupancy times and areas to help define the goals and locations of a more refined data collection effort through Phase 2.

Phase 2. Rapid LPR Tool, Ongoing Collection, and LPR Pilot As agencies modernize parking programs, the transition
to license plate -based parking solutions, like mobile
payment, virtual parking permits and contactless
solutions, is becoming an industry best practice. License plate recognition (LPR) technology has evolved into an
efficient and effective monitoring tool, especially for agencies with limited budget and perso nnel resources.

Rather than investing in dedicated data collection
methods that are expensive and limit the number of days data is avilable, we utilize the information that can be available thorugh LPR -based parking enforcement.

DIXON has developed in- house tools to streamline the
Example parking occupancy map for the
City of Ketchum, ID

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analysis of parking data collected down to the block face and lot level using LPR technology to produce the Rapid LPR Tool. This Tool can support on-going data collection, and monitor parking enforcement efficiency and optimize en forcement resources by identifying locations that would benefit from additional monitoring. The Tool’s proprietary algorithms efficiently and accurately turns LPR data into powerful parking analysis in various tables, charts, and geo -referenced heat maps a s PDF reports and as an interactive online dashboard. Our consolidated resources and dashboards will provide the results necessary to remain smart and adaptive for important policy decisions.

The Project Team will finalize a data collection methodology with the City that demonstrates optimal collection routes, quality control and assurance, and deliverables to ensure transparency for all data. Parking space inventory is a critical component of the project setup. The project team will review existing resources such as the 2021 Downtown Santa Ana
Parking Study and other resources provided by the City. Upon review of these resources, we will leverage existing parking inventory and GIS datasets to incorporate into the Tool. In addition, we will collect a comprehensive parking inventory for up to an additional 1500 block faces that will be identified through Phase 1 in order to produce a total inventory count per block face. We will utilize Google Maps to count marked spaces and measure unmarked curb space to calculate an effective parking inventory. Field counts will be performed in locations with out-of-date information or if unavailable in Google Maps.

DIXON will coordinate a demonstration of the leading
vehicle-mounted LPR vendors th at can leverage a pilot
program that gives the City LPR cameras for a six-month trial, in which the City will have the opportunity to purchase the cameras at a pro-rated fee. This LPR pilot provides the added benefit of collecting on -going data at a cost- effective rate while also allowing the City to test mobile LPR for
enforcement. The vehicle-mounted LPR pilot will allow the City to collect ongoing data and can expand collection to areas outside of the initial Study Area once the additional areas are setup (inventory, collection routes, maps, etc.).

Example of Rapid LPR Tool Occupancy Dashboard
Example of vehicle mounted LPR
cameras and dashboard
2021 Downtown Santa Ana Study

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DIXON will coordinate with City Staff on data collection and enforcement strategies including evaluating current staffing needs. An allocation of monies can be set aside from the budget to cover City Staff expenses that will be required for this pilot.

DIXON has successfully implemented similar LPR pilots in multiple cities such as Paso Robles, California, and Ketchum, Idaho, as well as worked with Cities such as San Francisco, Pasadena, Seal Beach, and Napa to utilize their existing mobile LPR programs for analysis with the Rapid LPR Report.

Summary of the phases and key tasks:

1. Citywide “Big Data” Analysis – Use GPS data for citywide parking analysis. a. Provide citywide samples of parking occupancy, turnover/duration, and origin destination data at a fraction of the cost of traditional methods.
b. The Project Team will use this data to identify peak occupancy times and areas to help define the goals and locations of a more refined data collection effort through Phase 2.

2. Rapid LPR Tool, Ongoing Collection, and LPR Pilot - Use City Staff resources to collect ongoing parking data using vehicle-mounted LPR at specific locations identified through citywide analysis. a. DIXON can leverage a six -month pilot program with a LPR vendor for the City to get a vehicle-mounted LPR unit.
b. City Staff can collect ongoing parking utilization data efficiently and can pilot LPR for parking enforcement. A portion of the budget has been set aside for City Staffing requirements.
c. DIXON will setup the Rapid LPR Tool for an initial set of block faces determined from the citywide analysis. We will leverage existing resources to add areas with existing inventory data into the Tool. In addition, our budget includes an initial 1500 block faces, and we can work with the City on a plan to expand to the entire City.

Task D. Deliverables
• The Project Team will provide citywide parking analysis through big data vendors and will use this data to identify a refined data collection approach in phase 2. • The Project Team will finalize the study area and a data collection plan with the City that demonstrates optimal collection routes, quality control and assurance, and deliverables to ensure transparency for all data.
• DIXON will utilize Google Map s for parking space inventory for up to 1500 block faces . This step will include measuring and calculating a space count for unmarked curb space. • DIXON will utilize the Rapid LPR Tool to complete parking occupancy and turnover analysis. This includes maps, charts, and tables summarizing the parking supply and demand patterns. • DIXON will leverage a six-month LPR pilot program with an LPR vendor for the City to test as an enforcement tool and collect ongoing data.
• DIXON can work with the City to expand the scope of data collection to all neighborhoods.

Task E. Parking Action and Implementation Plan
The Project Team will develop a Parking Action and Implementation Plan that incorporates a Citywide Permit Parking Program, which will provide balanced parking to support residents, visitors, businesses, and commuters. We will identify and evaluate parking recommendations for the City’s residential permit parking program. Wherever possible, these recommendations will be flexible and account for both near-

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term and long-term priorities based on current and projected parking demand, parking and transportation trends, and community willingness.

DIXON will identify steps that the City may undertake to future-proof its parking program and plan for the overall public benefit. These recommendations will include the following:
• Recommendations to streamline existing residential permit parking policy, number of current permits, and participating residences.
• Recommendations for the permit parking process, including, but not limited to, determining procedures to address challenges in areas where single-family and multi-family neighborhoods are co-located, determining permit limits for vehicles per household, evaluating permit parking options by time of day, and addressing the effects of paid parking in adjacent commercial corridors. • Recommendations for permit administration, issuance and renewal, and associated costs. • Recommendations for municipal code updates that are consistent with California law and consider the Attorney General’s opinion (#14 -304). DIXON will work with City legal staff to conduct a thorough municipal ordinance review to determine enhancements or edits that will “future-proof” code language to prepare the City for the implementation and management of a revamped permit program. Our extensive experience working with California cities will allow us to identify issues and address gaps in the existing code. Drawing from our experience in the City of Costa Mesa and other nearby municipalities, we will compile all relevant code sections and provide a revised version for consideration. This will include instances where the City may be able to simplify municipal language to improve program efficiency. We will also evaluate parking policies related to the management of multi-family and commercial developments located adjacent to single-family residences. • Recommendations based on lessons learned and best practices from other cities in the region. We have included local project references from Costa Mesa and Norwalk to emphasize our familiarity with parking programs in Orange County. Using these cities, as well as other Southern California municipalities of similar size, demographics, and mixed -use downtowns, we will identify comparable permit rates.
• Recommendations based on parking time prohibitions and related issues/challenges, as determined from the Existing Conditions Assessment.
• Recommendations for potential p arking partnerships with private entities. We have extensive experience structuring shared parking agreements, and we understand the practical and political realities of negotiating a community of diverse stakeholders. In the City of San Leandro, DIXON is currently leveraging shared parking agreements to improve parking management, part of an array of services that helped the City earn the title of 2018 Public Parking Program of the Year by the California Public Parking Program.
• Recommendations for enforcement including fines, towing, administration, and equipment. During the Existing Conditions Assessment, DIXON will discuss options for enforcement with internal stakeholders, including pros, cons, and methods of cost recovery. • Recommendations to revise park ing standards for development and planning in order to adequately address projects parking needs. This will include the development of standards for future parking demand analysis.
• Recommendations related to the use of alternative striping for multi-family parking stalls. • Financial analysis of the City’s existing and proposed residential permit parking program and recommendations for applicable permit fees . This will include a review of Santa Ana Housing Authority income limits for permit pricing consideration.

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• Recommendations for how to move forward with streets currently subject to permit parking and how to implement transition strategies.

Task E. Deliverables
• DIXON will formalize recommendations to the existing residential permit parking program including revised program options.
• Based on these recommendations, DIXON will formulate the City’s “go-forward” strategy including an approach for handling current petitions and backlog, managing the updated permit approval process, and setting applicable fees and procedures.
• Project deliverables for this task will include municipal code updates, analysis of permit fees, and the development of comprehensive recommendations, as described above. DIXON will revise these recommendations with feedback from City staff and incorporate them into the Parking Action and Implementation Plan.
• The Project Team will create a comprehensive ongoing data collection plan, which includes standards and best practices for future parking demand analysis. • DIXON will prepare a written Parking Action and Implementation Plan recommending near-term and long-term actions based on recommendations developed throughout the Project. The Parking Action and Implementation Plan will include an implementation matrix outlining recommended actions, estimated timeframes, costs, staffing, and responsible parties, potential funding mechanisms, management structures, and financial projections for the entire strategy.

Schedule

The Project Team is available to continue supporting the implementation phase of the project, based upon the proposed plan and further negotiations with the City. 2022
Project Kickoff
Bi-Weekly Project Meetings
Develop Stakeholder Input Strategy
Develop Data Collection Plan
Existing Conditions Assessment - On-site Visit
Stakeholder Input
Regulatory Analysis and Recommendations
Data Collection
C
omplete Parking Inventory, Occupancy, and Turnover Analysis Online Survery
Ongoing Data Collection LPR Pilot
Draft Report Parking Action and Implementation Plan
2023
Bi-Weekly Project Meetings
Stakeholder Input / Council Presentation (if requested) Ongoing Data Collection LPR Pilot
Draft Report Parking Action and Implementation Plan
City Review of Draft Report
Final Report Parking Action and Implementation Plan
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EXHIBIT C

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Public Works Agency
www.santa-ana.org/pw
Item # 21
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 6, 2022
TOPIC: Agreement for Willits Street Safe Routes to School Education Program

AGENDA TITLE
Approve an Agreement for Contract with Walk ‘n Rollers for Grant-Funded Willits Street Safe Routes to School Education Program (Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Walk ‘n Rollers to provide bicycle safety education services commencing September 6, 2022, for a two-year period, beginning September 6, 2022 through September 5, 2024 in an amount not to exceed $196,415, with the option for one, one-year extension, subject non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
The Willits Street Protected Bike Lanes Project is an Active Transportation Program grant-funded Capital Improvement Project (CIP), originating in FY 2018-19. A non- infrastructure Willits Street Safe Routes to School Education Program (Program) was included as part of this CIP.

The Program will focus on Education, Encouragement, and Non-Construction Engineering components that are in accordance with best practices in Safe Routes to Schools. Students from three public schools in close proximity to Willits Street corridor (Carr Intermediate, Valley High School, and Godinez High School) will participate in a total of 12 workshops that provide education in safe urban cycling and basic bike mechanic skills and encourage ridership through group bike rides.

A Request for Proposals (RFP) for education services was released and published on October 19, 2021 (Exhibit 1). Two proposals were received and evaluated by a three- member review panel comprised of Public Works Agency staff. The scores were based on consultant experience, understanding of need, relevant project experience, local community experience, responsiveness to the RFP requirements, and completeness of the proposal.

Once rated, the sealed fees from the top firm were revealed. The following table summarizes the proposal scores:

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FIRM SCORE

1. Walk ‘n Rollers 90

2. Latino Health Access 88
Staff recommends that Walk ‘n Rollers be retained for an amount not to exceed $196,415 for the educational program (Exhibit 2). This firm has demonstrated to have the experience and resources needed to provide the required services. The Consultant will engage both with City staff and the schools; participate in weekly Project meetings as the Safe Routes to School education program progresses.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
The total cost of the agreement is not to exceed $196,415 for the two-year term of the agreement. Any remaining balances not expended at the end of the Fiscal Year will be carried forward into subsequent Fiscal Years for expenditure for continued education services per the term of the agreement.

Funds are budgeted and available for expenditures as shown below.

EXHIBIT(S)

1. RFP NO:21-110 Willits Street Safe Routes to School Program

2. Agreement
Fiscal
Year
Accounting Unit-
Account No.

Fund
Description
Accounting Unit -
Account Description Amount
2022-23 14817614-66220
(19-6948)
Traffic System
Management
Grant
Active Transportation
Program Augmentation,
Improvements Other
Than Building
$100,000
2023-24 14817614-66220
(19-6948)
Traffic System
Management
Grant
Active Transportation
Program Augmentation,
Improvements Other
Than Building
$96,415
Total $196,415

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Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager

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REQUEST FOR PROPOSALS (RFP)
FOR

WILLITS STREET SAFE ROUTES TO SCHOOL PROGRAM
Approved for Release:

RFP NO.: 21-110

CITY OF SANTA ANA
Public Works Agency
20 Civic Center Plaza, M-43
Santa Ana, CA 92701

RUBEN CASTANEDA
Project Manager
(714) 647-5621 Office
[email protected]
5�'{__µ Zdenek Kekula
Principal Civil Engineer
Public Works Agency
KEY RFP DATES (Subject to change at discretion of City):

Issue Date:

Deadline for Requests for Information:

Proposal Due Date:

Projected Award Date:

Tuesday, October 19, 2021
Tuesday, November 2, 2021
Tuesday, November 9, 2021- 2:00 p.m.

Tuesday, January 18, 2022
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NOTICE INVITING PROPOSALS

NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms for Willits Street Safe Routes to School Program.

Responses to this Request for Proposals (RFP) must be submitted electronically to the PlanetBids system no later than November 9, 2021 at 2:00 p.m. Proposals received after this date/time will not be considered. It is the responsibility of the proposer to ensure that any proposals submitted have sufficient time to be received by the City of Santa Ana prior to this proposal due date and time.

WILLITS STREET SAFE ROUTES TO SCHOOL PROGRAM
RFP NO. 21-110

IN THE CITY OF SANTA ANA
DO NOT OPEN WITH REGULAR MAIL.”

City of Santa Ana
Attn.: Ruben Castaneda
Public Works Agency; M-43
20 Civic Center Plaza; Ross Annex
Santa Ana, CA 92701
For further instructions regarding hard copy submission of proposals, refer to PlanetBids.

All notifications, requests for information, updates and addenda will be posted online on PlanetBids at https://www.planetbids.com/portal/portal.cfm?CompanyID=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive qualification.

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TABLE OF CONTENTS

I. INTRODUCTION / PROJECT DESCRIPTION 4

II. INSTRUCTIONS TO PROPOSERS 6 A. CITY RESPONSIBILITIES
B. PROPOSER RESPONSIBILITIES
C. REQUEST FOR INFORMATION OR CLARIFICATION
D. ADDENDA
E. LICENSES & PERMITS
F. INSURANCE
G. INFORMATION PACKET
H. PRE-PROPOSAL MEETING
I. CITY RIGHT TO REJECT
J. BID PROTESTS

III. SUBMITTAL REQUIREMENTS 8
A. GENERAL
B. PROPOSAL CONTENTS

1. STATEMENT OF QUALIFICATIONS

2. SCOPE OF SERVICES AND SCHEDULE

3. FEE PROPOSAL

4. CERTIFICATIONS

IV. PROPOSAL REVIEW (CONSULTANT SELECTION) 10 A. EVALUATION AND RATING
B. SELECTION

V. CONTRACT AWARD 10
A. REQUEST FOR COUNCIL ACTION
B. EXECUTION OF AGREEMENT

VI. IMPLEMENTATION 10
A. KICK-OFF MEETING
B. NOTICE TO PROCEED

VII. PUBLIC RECORDS 11

VIII. APPENDIX
ATTACHMENT 1: SCOPE OF WORK
ATTACHMENT 2: AGREEMENT
ATTACHMENT 3: CERTIFICATION
ATTACHMENT 4: CALTRANS ATTACHMENTS
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I. INTRODUCTION / PROJECT DESCRIPTION
Nature of Work:

The City of Santa Ana is seeking outreach and bicycle safety education services. A detailed Scope of Work is attached herein as Attachment A, as part of the Appendix.

Number of Proposals and Signature:

Five (5) hard copies are required to accompany an electronic submittal of the complete proposal package on PlanetBids. One of the hard copies shall be marked as “ORIGINAL” and be signed by a company official with the power to bind the company , and submitted to the City of Santa Ana. Please be explicit in identifying the appropriate person with legal authority to bind the company.

The Statement of Qualifications shall be limited to a maximum of (10) double -sided pages (excluding front and back covers, section dividers and attachments such as resumes, forms). Font size shall be minimum 11 -point Arial. Proposal exhibits shall be maximum 11” x 17”.

Proposal Evaluation and Rating:

The criteria for evaluating the SOQ submitted will take the following items into consideration:
 Firm/Team Experience 20%
 Understanding of Need 25%
 Relevant Project Experience 20%
 Local Community Experience 35%
The City has established a proposal review committee to evaluate proposers based on the response to this RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth above. A final score will be calculated for each submitted proposal and used to rank the proposers.

Project Funding:

Project is funded with Federal Active Transportation Program grant funds administered by the California Department of Transportation (Caltrans). Special conditions shall apply.

Refer to Attachments 1 (Scope of Work) in the Appendix of this RFP for further information.

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Term of Contract Agreement:

The City desires to enter into a contract with the top scoring firm for an initial two (2) year term with a City option for one (1) one (1) year extension period. This term is outlined in the Standard Consultant Agreement, as contained in the Appendix of this RFP as Attachment 2.

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II. INSTRUCTIONS TO PROPOSERS
A. CITY RESPONSIBILITIES
The City will provide information in its possession relevant to preparation of required information in this RFP. The City will provide only the staff assistance and documentation specifically referred to herein.

B. PROPOSER RESPONSIBILITIES
Point of Contact: The selected proposer will assume responsibilities for all services in its proposal. The selected proposer shall identify a sole point of contact with the greatest knowledge concerning the required service operations and contractual matters, including payment of all charges resulting from the Agreement. Contact information such as email and phone number must be included into the proposal.

Evidence of Financial Capacity : Proposer may be requested to submit its most recent audited financial statement, evidencing proposer’s financial capacity to fully perform the required services, including provision of equipment and personnel expenses over a ninety (90) day period. If said financial statement does not reflect full ninety (90) day operational capacity, proposer may include a letter of credit as evidence of supplemental capacity.

C. REQUEST FOR INFORMATION OR CLARIFICATION
All questions or requested clarifications shall be made only in writing to the Q&A section located in PlanetBids no fewer than five (5) calendar days prior to the date and time set for opening of proposals. No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP.

D. ADDENDA
Any changes in RFP from the date of release to date of submittal will result in an addendum or a mendment. Notification of such addendum or amendment shall be posted on PlanetBids at https://www.planetbids.com/portal/portal.cfm?CompanyID=20137 as set forth in the Notice Inviting Proposals. Addenda shall become part of the agreement documents.

E. LICENSES & PERMITS
The selected proposer shall be required to obtain a City of Santa Ana Business license within ten (10) business days of selection and must provide a copy to the City ’s project manager or designee prior to commencing any work in Santa Ana.

Additionally, Proposer will be responsible for obtaining any licenses/permits required by the Scope of Work.

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F. INSURANCE
The Selected Proposer shall pr ovide the required evidence of insurance coverage as set forth in the Scope of Work within ten (10) business days after receipt of notice that the contract has been awarded. Failure to provide the required insurance certificates shall be cause for the annulment of the award and the forfeiture of the proposal guaranty. The City will provid e the Selected Proposer with a “New Vendor Checklist” , which outlines insurance requirements.

G. PAYMENT INFORMATION PACKET
The selected proposer shall return a completed payment information packet within ten (10) business days after the successful proposer has received notice that the contract has been awarded.

H. PRE-PROPOSAL MEETING
Should a pre-proposal meeting be scheduled, the date, time , and location is identified on the cover page of this RFP . The meeting will include discussion of the project scope and a question-and-answer session. It is highly recommended that the Proposer’s key team members attend thi s meeting. Significant interpretations or clarifications will be addressed via addenda to this RFP, as described above in “Section D: Addenda.”

I. CITY RIGHT TO REJECT
The City reserves the right to reject any or all proposals submitted and no re presentation is made hereby that any contract will be awarded pursuant to this RFP or otherwise.

The City reserves the right to accept or reject the combined or separate components of this p roposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal.

The City reserves the right to reject, replace , and approve any and all subcontractors. All subcontractor(s) shall be identified in response to this RFP. Subcontractors shall be the responsibility of the successful proposer and the City shall assume no liability of such subcontractors.

J. BID PROTESTS
Proposers with concerns or rebuttal of any staff determination of non -responsiveness or non- responsibility may submit, in writin g within five (5) business days, to the Project Manager, any concerns regarding the RFP pro cess or staff determination. Such writing shall be consi dered by the Executive Director of Public Works or designated representative, and may be acted upon within five (5) business days. If no action is taken within such time, there shall be no change to the staff determination. The exercise by the Proposer of its right to submit written concerns shall be a condition precedent to seeking judicial review of any award of a contract hereunder.

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III. SUBMITTAL REQUIREMENTS

A. GENERAL

1. The number of Proposal Copies and signature is specified in:

RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION

2. Deadline:

Proposals are due to the City of Santa Ana at the date, time, and location specified in the Notice Inviting Proposals.

B. PROPOSAL CONTENTS

The proposal format and page limitation, if any, is specified in:

RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION

1. STATEMENT OF QUALIFICATIONS

a. Cover Letter: Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity.

b. Contract Agreement Statement: Proposal shall include a statement outlining your concurrence or concerns with any and all provisions contained in the Agreement attached herein as Attachment 2 in the Appendix.

c. Firm and Team Experience: Proposal shall include a profile of the firm’s experience. Include resumes of project team/sub-consultants that will be providing services which outline their technical and design experience. At a minimum, this should include the project manager/principal agent, associates in charge when project manager/principal agent is unavailable, key personnel, firm size, and an organization chart identifying only those who will perform work for the proposed project and the percentage of each individual’s time devoted to this project. The project manager/principal agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited for an interview.

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d. Understanding of Need: Proposal shall include an outline which demonstrates the firm’s understanding of the work. This outline should include anticipated approach, tasks necessary for successful completion, deliverables, and suggestions or special concerns that the City should be made aware of. Identify any assumptions and/or exclusions used in preparation of the scope of work and associated fee estimate.

e. Relevant Project Experience: Proposal shall include a list of relevant projects, which your firm or personnel have completed within the last 5 years, including significant work with public agencies. Project information should include project description, project location, year completed, and client name and contact information. City of Santa Ana staff may conduct site visits at select projects.

f. References: Proposals shall include a listing of relevant projects with references for three public entities with valid current emails for which Proposer has performed similar work within the past five (5) years.

2. SCOPE OF SERVICES AND SCHEDULE:

Proposal shall include a Scope of Services and Schedule which details the work phases to be completed, the tasks to be accomplished, the deliverables to be provided, and the schedule / timeline to complete the project, based upon the requested Scope of Work detailed in Attachment 1 of this RFP.

3. FEE PROPOSAL:

The fee proposal shall be submitted separate and concurrently with the technical proposal, both submitted electronically in PlanetBids and as a hard copy in a separately sealed envelope, clearly labeled as “Fee Proposal.” This shall include the firm’s Standard Hourly Fee Schedule, a table outlining the tasks and team hourly effort for each of the major tasks, and a Project Fee Schedule as outlined in the Scope of Work.

The fee proposal will not be opened until the proposals have been evaluated by the proposal selection committee. The City will select the consultant based on qualifications, and then negotiate a contract price based on available funding.

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4. CERTIFICATIONS:

The following forms shall be signed and included as part of the proposal submittal package:

• Attachment 3-1: Non-Collusion Affidavit
• Attachment 3-2: Non-Lobbying Certification
• Attachment 3-3: Non-Discrimination Certification
 Caltrans Exhibits as referenced in Attachment 1 S cope of Work under Special Provisions (also referenced in Attachment 4)

IV. PROPOSAL REVIEW (CONSULTANT SELECTION)

A. EVALUATION AND RATING
The criteria for evaluating the proposals are specified in:

RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION.

B. SELECTION
The selection committee will be comprised of at least (3) City staff from multiple departments. The committee may interview the top ranking propose rs. The City will recommend award of contracts to the proposer s who will provi de the best value to the City. The City reserves the right to begin negotiations and enter into a contract without interview or further discussions.

V. CONTRACT AWARD

A. REQUEST FOR COUNCIL ACTION
Following evaluation and rating by the proposal review committee and acceptance from Funding agency following financial audit, the Project Manager will recommend award contracts to the three top-ranking proposers that will provide the best value to the City.

B. EXECUTION OF AGREEMENT
The Scope of Services, Schedule, and Fees submitted in the proposal will be the basis of any negotiation of final terms, which will lead to a completed agreement ready for execution based on the standard Agreement attached herein as Attachment 2 in the Appendix.

VI. IMPLEMENTATION

A. KICK-OFF MEETING
A kick -off meeting will be held after award of contrac ts. Consultants and their team will meet with City of Santa Ana staff to conduct introductions, discuss scope of services, and implementation processes.

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B. NOTICE TO PROCEED
Prior to issuance of a formal Notice to Proceed (NTP), Consultants shall provide all required bonds, insurance documents, and contents of the Information Packet for review and approval by the City.

For “On-Call” contracts, individual City Project Managers will request pr oject/task specific proposals from Consultants on a n as -needed basis. Proposals will then be evaluated by City staff and written NTPs will be issued accordingly per each task order.

VII. PUBLIC RECORDS

All data, documents and other products used, developed, or produced during response preparation of this RFP will become property of the City. All responses to this RFP shall become property of the City. Proposer information identified as proprietary information be maintained confidential, to the extent allowed under the California Public Records Act.

Proposals will become public record after award of contrac t. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act.

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Appendix
ATTACHMENT 1

SCOPE OF WORK

CITY OF SANTA ANA

REQUEST FOR PROPOSALS
FOR

WILLITS STREET SAFE ROUTES TO SCHOOL PROGRAM
RFP NO. 21-110

INTRODUCTION/BACKGROUND
The Willits Street Safe Routes to School Program at three public schools in the City of Santa Ana will focus on Education, Encouragement, Enforcement, and Non -Construction Engineering components that are in accordance with best practices in Safe Routes to Schools. Students will participate in a total of twelve (12) workshops that provide education in safe urban cycling, a total of fifteen (15) basic bike mechanic skills workshops and a total of nine (9) group bike rides that will encourage ridership on bicycle infrastructure.

The Willits Street Safe Routes to School Program will educate students on safe urban cycling and basic bike repair skills. The program will encourage ridership by training students on how to ride on bike lanes individually and in groups. Once the program culminates, participating students will receive a certificate that identifies them as school bike ambassadors. Students will gain knowledge and experience related to bike safety measures and will be able to provide workshops to other students in their respective schools.

The consultant will work directly with the following schools: (1) Carr Intermediate, (2) Valley High School, and (3) Godinez High School and will use a multi -faceted approach to accomplish the objectives of pedestrian and bicycle safety as effective ways to commute to and from school.

The consultant is encouraged to introduce new ideas and activities related to educating students, faculty, and parents about pedestrian and bicycle safety. Additionally, the consultant will be required to establish best practices available at the time of performing the tasks of this educational program in order to adopt and comply with the latest corresponding health department guidelines as they relate to COVID-19 pandemic. This program will be accomplished through the following tasks, which include but are not limited to:

Task 1: Safe Urban Cycling Workshops–
The consultant will be responsible for scheduling and conducting four (4) safe urban cycling workshops at each school for a total of twelve (12) workshops, over the two (2) year contract period for the Willits Street Safe Routes to School Program. The consultant will be required to provide the City of Santa Ana with a scope of educational activities and materials such as web resources, brochures , newsletters, and walking/biking safest route maps. Safe urban cycling workshops will be taught both in English and Spanish ; these workshops are designed to increase bicyclist’s safety awareness of common car/bike collisions, teach ways to prevent and avoid EXHIBIT 1

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crashes and collisions, and emphasize the importance of helmet use when riding a bicycle.

Additionally, the rights and re sponsibilities of cyclists must be discussed during the Safe Urban Cycling Workshops and Group Bike Rides in order to help increase the number of cyclists riding safely and legally. The workshops will also offer students a theoretical explanation of vehicu lar cycling principles supported by relevant examples of safe cycling using audio/visual and group learning techniques. Students are required to complete the workshops prior to participating on the Group Bike Rides.

Task 2: Basic Bike Mechanic Skills Workshops–
Five (5) basic bike mechanic skills workshops will be conducted for each participating school for a total of fifteen (15) workshops, over the two (2) year contract period for the Willits Street Safe Routes to School Program. The main objective of these workshops is to teach and prepare students on how to respond in case of flat tires and/or any other bike mechanical issue. The consultant must provide instructional videos and educational materials related to repair and maintenance of bicycles; as well as hands-on opportunities to work on bicycles. The consultant will be required to inform students about the different locations of bicycle parking along the safe routes to school; as well as, to show how bicycles are safely locked. The completion of the Basic Bike Mechanic Skills workshops is also a prerequisite for attending the Group Bike Rides.

These workshops will provide practical application of the theoretical element to give each student fundamental knowledge and understanding of maintaining and repairing flat tires and bike mechanical issues in order to improve safety and prevent acci dents. Following each workshop, surveys will be conducted to collect comments and ideas from both students and instructors to improve and expand future Safe Routes to School workshops. The data collected by conducting surveys will allow the City to monitor and evaluate objectives and results of its Bicycle and Pedestrian Initiatives.

Task 3: Group Bike Rides–
The selected consultant will be responsible for scheduling and conducting three (3) Group Bike Rides with participants from all three participating schools for a total of nine (9) group bike rides, over the two (2) year contract period for the Willits Street Safe Routes to School Program. The Group Bike Rides are opportunities to put into practice the knowledge gained during the Safe Urban Cycling and Basic Bike Mechanic Skills workshops. The main goal of this task is to encourage and increase safe youth bike ridership. Group Bike Rides will allow the consultant to teach and train students about Santa Ana City Complete Streets concepts, design, and safety policies and regulations. Riding bikes in groups will teach students how to properly ri de on bike lanes, to identify safe bicycle routes and parking in the area, and to effectively respond in case of an emergency or bike mechanical issue. The consultant will be required to furnish and provide cones, vests, reflective gear, patch kits, and water bottles during the Group Bike Rides. Finally, the consultant will be in charge of conducting surveys after each group bike ride in order to collect data that shows students’ input on how to improve and enhance the Santa Ana City’s Safe Routes to School Program.

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SPECIAL REQUIREMENTS (ATTACHMENT 4)
This project will utilize California Department of Transportation (Caltrans) funds and shall therefore comply with all state and federal requirements. The below referenced forms included in Attachment 4 (Additional Provisions) of the Appendix must be completed in their ent irety and submitted with your proposal:
 LAPM Exhibit 10-H: Sample Cost Proposal
 LAPM Exhibit 10-O1: Consultant Proposal DBE Commitment  LAPM Exhibit 10-O2: Consultant Contract DBE Commitment  LAPM Exhibit 10-K: Consultant Certification of Contract Costs and Financial management System

Please reference Caltrans Local Assistance Procedure Manual, Consultant Selection, Chapter 10, for further instructions and guidelines pertaining to the complet ion of these forms:https://dot.ca.gov/-/media/dot-media/programs/local-assistance/documents/lapm/ch10.pdf

COMPLIANCE WITH REQUIREMENTS OF FUNDING AGENCY:

This agreement m ay be funded with state and/or federal grant funds administered by Caltrans.

Proposer shall comply with all requirements as they pertain to the use of these funds. Refer to Attachment 4 for Caltrans required forms, including Exhibit 10-H – Sample Cost Proposal (H2 for On-Call Contracts) in the Appendix of this RFP.

DISADVANTAGED BUSINESS ENTERPRISES (DBE) GOAL:

The Agency has established a DBE goal for this Contract. Proposers are encouraged to obtain DBE participation for this contract. Refer to Exhibit 10-I – Notice to Proposers DBE Information included in the Appendix of this RFP. Proposers must submit Exhibits 10 -O1 & 10 -O2 – Consultant Proposal & Contract DBE Commitment to demonstrate compliance with Agency’s DBE goal.

CONSULTANT AUDIT AND REVIEW PROCESS:

Prior to contract award and dependent on contract award amount, the selected Consultant shall be subject to an audit or review by Caltrans’ Audit and Investigations (A&I), other state audit organizations, or the federal government. The selected Consultant shall complete Exhibit 10-K – Consultant Annual Certification of Indirect Costs and Financial Management System for all prime and sub-consultants in the Appendix of this RFP.

To independently download any of the Caltrans Exhibits required per this RFP, visit:
https://dot.ca.gov/programs/local-assistance/forms/local-assistance-procedures-manual-forms

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Appendix
ATTACHMENT 2

SAMPLE AGREEMENT

AGREEMENT TO PROVIDE

WILLITS STREET SAFE ROUTES TO SCHOOL PROGRAM

THIS AGREEMENT is made and entered into this ___st day of ___________, 20 22 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 Santa Ana Public Works Agency was awarded a grant from the State of California Active Transportation Program for a program to address bicycle safety through a series of student bicycle safety education workshops and events. The goal of the program is to reduce the number of pers ons killed or injured in collisions involving bicycles.

B. On October 19, 2021, the City issued Request for Proposal No. 21-110, by which it sought a consultant to provide such bicycle safety program.

C. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 21-110 and that is attached as Exhibit A.

D. 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 contracting 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 the services that were described in the scope of work that was included in RFP No. 21-110 and as more specifically delineated in Consultant’s proposal, which is attached as Exhibit A and incorporated in full.

2. ALLOWABLE COSTS AND PAYMENTS

a. City agrees to pay, and Consultant agrees to accept as total payment for its services EXHIBIT 1

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under this Agreement, the rates and charges identified in Exhibit B. The total sum to be expended under the term of this Agreement, including any extension periods, shall not exceed $_____________. This sum is comprised of (1) the base amount of $______________ and (2) a contingency in the amount of $_____________ for additional services at the City’s sole discretion.

b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures.

Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City.

3. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS

a. Consultant agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be used to determine the cost allowability of individual items.

b. Consultant agrees to comply with federal procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

c. Any costs for which payment has been made to Consultant that are determined by subsequent audit to be unallowable under 2 CFR, Part 200 and 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by Consultant to City.

4. PERFORMANCE PERIOD

a. This Agreement shall go into effect on the date first written above, contingent upon approval by City, and Consultant shall commence work after notification to proceed by City. This Agreement shall end on January 31, 2024, unless terminated earlier in accordance with Section 21. The term of this Agreement may be extended for up to one 1-year periods upon a writing executed by the City Manager an d City Attorney.

b. Consultant is advised that any recomme ndation for contract award is not binding on City until the Agreement is fully executed and approved by City.

c. The period of performance for each specific project shall be in accordance with the Task Order for that project. If work on a Task Order is in progress on the expiration date of this Agreement, the terms of the Agreement shall be extended by amendment.

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5. STATE PREVAILING WAGE RATES

a. If applicable, Consultant shall comply with the State of California’s General Prevailing Wage Rate requirements in accordance with California Labor Code, Section 1770, and all Federal, State, and local laws and ordinances applicable to the work.

b. Any subcontract entered into as a result of this Agreement, if for more than $25,000 for public works construction or more than $15,000 for the alteration, demolition, repair, or maintenance of public works, shall contain all of the provisions of this Section, unless the awarding agency has an approved labor compliance program by the Director of Industrial Relations.

c. When prevailing wages apply to the services described in the scope of work, transportation and subsistence costs shall be reimbursed at the minimum rates set by the Department of Industrial Relations (DIR) as outlined in the applicable Prevailing Wage Determination. See http://www.dir.ca.gov.

6. INDEPENDENT CONTRATOR

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, u nemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.

7. 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 doc uments 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 sub consultants to agree in writing that City is granted a non -exclusive and perpetual license for any Documents & Data the sub consultant prepares under this Agreement.

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8. INSURANCE

Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below:

1. Commercial General Liability (“CGL”) Insurance - Insurance Services Officer Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury, personal and advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability Insurance- Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos , Code 8 (hired) and 9 (non -owned), with limits no less than $1,000,000 per accident for bodily injury and property damage.

3. Sexual Abuse or Molestation (SAM) Liability: If the CGL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, Contractor shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $1,000,000 per occurrence or claim.

4. Workers’ Compensation Insurance - as required by the State of California, with statutory limits and employer’s liability insurance with limits of no less than $1,000,000 per accident for bodily injury and disease.

5. Professional Liability Insurance (Errors and Omissions)- Consultant will maintain professional liability insurance appropria te to their profession with limits no less than $2,000,000 per occurrence or claim and $2,000,000 aggregate.

A. 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 Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage, shall be available to the City.

B. The insurance policies required by this Agreement are to contain, or be endorsed to contain, the following provisions:
1) Additional Insured Status- the City, its officers, officials, employees and volunteers shall be covered as additional insureds on the CGL policy with respect to liability arising out of the w ork or operations performed by or on behalf of 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 both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions used.)
2) Primary Coverage - for an claims related to this Agreement, the Consultant’s insurance coverage shall be primary insu rance and primary coverage at least as EXHIBIT 1

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broad as ISO CG 20 01 04 13 with respect to 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 to it.
3) Notice of Cancellation - Each insurance policy required above shall state that coverage shall not be cancelled except with notice to the City. 4) 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.
5) Self-Insured Retentions- Self-insured retentions must be declared 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, claims 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 names inured or the City.
6) Acceptability of Insurers - Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best’s rat ing of no less than A:VII, unless otherwise acceptable to the City. 7) Claims Made Policies- If any of the required policies provide coverage on a claims- made basis:
i. The Retroactive Date must be shown and must be before the date of the agreement of the beginning of the agreement work;
ii. Insurance must be maintained and evidence of insurance provided for at least five (5) years after completion of work under this agreement; iii. If coverage is canceled or non -renewed, and not replaced with another claims-made policy f orm with a Retroactive Date prior to the agreement effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of agreement work.
8) Verification of Coverage- Consultant shall furnish to City with original certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effective 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 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.

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9) Subcontractors- Consultant shall require and verify that all subcontractors maintain insurance meeting all of the requirements stated herein. Contractor shall ensure that City is an additional nsured on insurance required from subcontractors. 10) Special Risks or Circumstances - City reserves the right to modify these requirements, including limits, based upon the nature of the risk, prior experience, insurer, coverage or other special circumstances.

9. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its subconsultants, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due b y 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 reaso n 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 speci al 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 subjec t to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.

10. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney’s fees, for infringement of any United States’ letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement.

11. RETENTION OF RECORDS/AUDIT
For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable, and other matters connected with the performance of this Agreement , pursuant to Government Code 8546.7, Consultant, subconsultants, and City shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance EXHIBIT 1

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of the Agreement, including but not limited to, the costs of administering the Agreement. All parties shall make such materials available at their respective offices at all reasonable times during the Agreement period and for three years from the date of final payment under the Agreement.

The state, State Auditor, City, FHWA, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of Consultant and its certified public accountants work papers that are pertinent to the contract and indirect cost rates (ICR) for audit, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested.

12. AUDIT REVIEW PROCEDURES
a. Any dispute concerning a question of fact arising under an interim or post audit of this Agreement that is not disposed of by mutual agreement shall be reviewed by City’s Executive Director of Finance.
b. Not later than 30 days after issuance of the final audit report, Consultant may request a review by City’s Executive Director of Finance of unresolved audit issues.

The request for review will be submitted in writing.
c. Neither the pendency of a dispute nor its consideration by City will excuse Consultant from full and timely performance in accordance with the terms of this Agreement.

13. 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 incl udes 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 posse ssion 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.

14. CONFLICT OF INTEREST
a. Consultant shall disclose any financial, business, or other relationship with City that may have an impact upon the outcome of this Agreement, or any ensuing City construction project . Consultant shall also list current clients who may have a financial interest in the outcome of this Agreement, or any ensuing City construction project that will follow.

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b. Consultant hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performan ce of services under this Agreement.

15. REBATES, KICKBACKS, OR OTHER UNLAWFUL CONSIDERATION

Consultant warrants that this Agreement was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any City employee. For breach or violation of this warranty, City shall have the right in its discret ion; to terminate the contract without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

16. 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 t elegraphic 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

Executive Director
Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, CA 92702
Fax 714-647-5635

To Consultant:

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, EXHIBIT 1

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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 pur poses of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded.

17. EXCLUSIVITY AND AMENDMENT

This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties ag ree 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 are not embodied herein.

18. SUBCONTRACTING

a, Nothing contained in this Agreement or otherwise, shall create any contractual relation between City and any subconsultant(s), and no subcontract shall relieve Consultant of its responsibilities and obligations hereunder. Consultant agrees to be as fully responsible to City for the acts and omissions of its subconsultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Consultant. Consultant’s obligation to pay its subconsultant(s) is an independent obligation from City’s obligation to make payments to the Consultant.

b. Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this Agreement shall be subcontracted without written authorization by City, except that which is expressly identified in the approved Cost Proposal.

c. Consultant shall pay its subconsultants within ten (10) calendar days from receipt of each payment made to Consultant by City.

d. All subcontracts e ntered into as a result of this Agreement shall contain all the provisions stipulated in this Agreement to be applicable to subconsultants.

e. Any substitution of subconsultant(s) must be approved in writing by City prior to the start of work by the subconsultant(s).

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19. EQUIPMENT PURCHASE
a. Prior authorization in writing by City shall be required before Consultant enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies, equipment, or consultant services. Consultant shall provide an evaluation of the necessity or desirability of incurring such costs.
b. For purchase of any item, service or consulting work not covered in Consultant’s Cost Proposal and exceeding $5,000 prior authorization by City, three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified.
c. Any equipment purchased as a result of this Agreement is subject to the following condition: “Consultant shall maintain an inventory of all nonexpendable property.

Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, City s hall receive a proper refund or credit at the conclusion of the Agreement, or if the Agreement is terminated, Consultant may either keep the equipment and credit City in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established City procedures and credit City in an amount equal to the sales price. If Consultant elects to keep the equipment, fair market value shall be determined at Consultant’s expense, on the ba sis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by City and Consultant. If it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by City.” 2 CFR, Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than $5,000 is credited to the project.

20. 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.

21. TERMINATION
City reserves the right to terminate this Agreement upon thirty (30) calendar days written notice to Consultant with the reasons for termination stated in the notice. City may terminate this Agreement should Consultant fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, City may proceed with the work in any manner deemed proper by City. If City terminates this Agreement with Consultant, City shall pay Consultant the sum due to Consultant under this Agreement prior to termination, unless the cost of completion to City exceeds the funds remaining in the Agreement, in which case the overage EXHIBIT 1

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shall be deducted from any sum due Consultant under this Agreement and the balance, if any, shall be paid to Consultant upon demand.

22. NON-DISCRIMINATION

Consultant shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement.

Consultant affirms that it is an equal opportunity employer and shall comp ly with all applicable federal, state and local laws and regulations.

23. 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.

24. 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.

25. STATEMENT OF COMPLIANCE

a. Consultant’s signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that Consultant has, unless exempt, complied with, the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 8103.

b. During the performance of this Agreement, Consultant and its subconsultants shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Cons ultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a -f) EXHIBIT 1

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et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Consultant and its subconsultant s shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

c. The Consultant shall comply with regulations relative to Title VI (nondiscrimination in federally -assisted programs of the Department of Transportation – Title 49 Code of Federal Regulations, Part 21 – Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal assistance will implement and maintain a polic y of nondiscrimination in which no person in the state of California shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any progr am or activity by the recipients of federal assistance or their assignees and successors in interest.

d. The Consultant, with regard to the work performed by it during the Agreement shall act in accordance with Title VI. Specifically, the Consultant shall not discriminate on the basis of race, color, national origin, religion, sex, age, or disability in the selection and retention of subconsultants, including procurement of materials and leases of equipment. The Consultant shall not participate either dire ctly or indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT’s Regulations, including employment practices when the Agreement covers a program whose goal is employment.

26. DEBARMENT AND SUSPENSION CERTIFICATION

a. Consultant’s signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that Consultant has complied with Title 2 CFR, Part 180, “OMB Guidelines to Agencies on Government wide Debarment and Suspension (nonprocurement)”, which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgmen t rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to City.

b. Exceptions to the Federal Government Excluded Parties List System maintained by EXHIBIT 1

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the General Services Administration are to be determined by the Federal highway Administration.

27. 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.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.

ATTEST: CITY OF SANTA ANA

________________________ _________________________

DAISY GOMEZ KRISTINE RIDGE
Clerk of the Council City Manager

APPROVED AS TO FORM CONSULTANT
SONIA R. CARVALHO
City Attorney

By: _____________________ ____________________________ John M. Funk Name:

Assistant City Attorney Title:

RECOMMENDED FOR APPROVAL

____________________________

NABIL SABA
Executive Director
Public Works Agency

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Appendix
ATTACHMENT 3-1: NON-COLLUSION AFFIDAVIT

CERTIFICATIONS
City of Santa Ana RFP 21-110
Page A3-1

NON-COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)

To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS

In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

Note: The above Non-collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non-collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution.

Signed

State of California
County of

Subscribed and sworn to (or affirmed) before me on this day of , 20 , by

before me.
, proved to me on the basis of satisfactory evidence to be the person(s) who appeared

Notary Public Signature Notary Public Seal
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Appendix
ATTACHMENT 3-2: NON-LOBBYING CERTIFICATION

CERTIFICATIONS

The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:

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 any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a “Disclosure of Lobbying Activities”.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly.

Firm

Signed and Printed Name:

Title

Date
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Appendix
ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION

CERTIFICATIONS

The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows:

1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or tr ansfer; recruitment or re cruitment 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.

6. In the event of the Consultant’s non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rul e, regulations, or order of the Secretary of Labor, or as otherwise provided by law.

7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted EXHIBIT 1

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City of Santa Ana RFP 21-110
Page A3-4

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 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 su b-consultant or v endor as a r esult of su ch 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:

EXHIBIT 1

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City of Santa Ana RFP 21-110
Page A4-1
Appendix
ATTACHMENT 4

CALTRANS ATTACHMENTS

Please see below.

---------------------
EXHIBIT 1

City Council
21 –
35 9/6/2022

Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
EXHIBIT 10-H1 COST PROPOSAL Page 1 of 3

COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
Note: Mark-ups are Not Allowed ☐ Prime Consultant ☐ Subconsultant ☐ 2nd Tier Subconsultant Consultant __________________________________________________________ Project No. _______________________ Contract No. ____________________ Date ____________________

DIRECT LABOR
Classification/Title Name Hours Actual Hourly Rate Total ____________________________
____________________________
____________________________
____________________________
________
________
________
________

LABOR COSTS
a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases (see page 2 for calculation) ____ ___________
_______________
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] _______________

INDIRECT COSTS
d) Fringe Benefits (Rate:
_____ )
f) Overhead (Rate: _____ )
e) Total Fringe Benefits [(c) x (d)] _______________
g) Overhead
[(c) x (f)] _______________
h) General and Administrative (Rate: ___ __ ) i) Gen & Admin [(c) x (h )] _______________ FIXED
FEE
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] _______________ k) TOTAL FIXED FEE [(c) + (j)] x fixed fee ______ ] ______________ l) CONSULTANT’S OTHER DIRECT COSTS (ODC) – ITEMIZE (Add additional pages if necessary) Description of Item Quantity Unit Unit Cost Total
l) TOTAL OTHER DIRECT COSTS
m) SUBCONSULTANTS’ COSTS (Add additional pages if necessary) Subconsultant 1:

Subconsultant 2:

Subconsultant 3:

Subconsultant 4:
m) TOTAL SUBCONSULTANTS’ COSTS
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l)+(m)] ___________________ TOTAL COST [(c) + (j) + (k) + (n)] _____________________ NOTES:

1. Key pe
rsonnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant’s annual accounting period and established by a cognizant agency or accepted by Caltrans.

3. Anticipated salary increases calculation (page 2) must accompany.

Page 1 of 9 ends

January 2020
EXHIBIT 1
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00

0.00%
$ 0.00

0.00%
$ 0.00
$ 0.00
$ 0.00

0.00%
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
Mileage Costs
$ 0.00
Equipment Rental and Supplies
$ 0.00
Permit Fees
$ 0.00
Plan Sheets
$ 0.00
Test
$ 0.00

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Local Assistance Procedures Manual EXHIBIT 1 0-H1
Cost Proposal
EXHIBIT 10-H 1 COST PROPOSAL Page 2 of 3

COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES)

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Direct Labor Total Hours per Avg 5Year
Subtotal per Cost Cost Proposal Hourly Contract
Proposal Rate Duration
= $250,000.00 500 $50.00 Year 1 Avg
Hourly Rate

2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation%) Avg Hourly Rate Proposed Escalation
Year 1 $50.00 + 2% = $51.00 Year 2 Avg Hourly Rate
Year 2 $51.00 + 2% = $52.02 Year 3 Avg Hourly Rate
Year 3 $52.02 + 2% = $53.06 Year 4 Avg Hourly Rate
Year 4 $53.06 + 2% = $54.12 Year 5 Avg Hourly Rate

3. Calculate estimated hours per year (Multiply estimate% each year by total hours) Estimated % Completed Total Hours per Cost Total Hours per Each Year Proposal Year
Year 1 20.0% 5000 = 1000 Estimated Hours Year 1
Year 2 400% 5000 = 2000 Estimated Hours Year 2
Year 3 15.0% 5000 = 750 Estimated Hours Year 3
Year 4 15.0% 5000 = 750 Estimated Hours Year 4
Years 100% 5000 = 500 Estimated Hours Year 5
Total 100% Total = 5000

4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Avg Hourly Rate Estimated hours Cost per
(calculated above) (calculated above) Year
Year 1 $50.00 1000 $50,000.00 Estimated Hours Year 1 =
Year 2 $51.00 2000 $102,000.00 Estimated Hours Year 2 = Year 3 $52.02 750 $39,015.00 Estimated Hours Year 3 =
Year 4 $53.06 750 $39,795.30 Estimated Hours Year 4 =
Years $54.12 500 = $27,060.80 Estimated Hours Year 5
Total Direct Labor Cost with Escalation $257,871.10 =
Direct Labor Subtotal before Escalation = $250,000.00
Estimated total of Direct Labor Salary Transfer to Page 1 = Increase $7,871.10
NOTES:

1. This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the# of years of the contract, and a breakdown of the labor to be performed each year.

2. An estimation that is based on direct labor multiplied by salary increase % multiplied by the# of years is not acceptable.
(i e. $250,000 x 2% x 5 yrs= $25,000 is not an acceptable methodology)

3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.

4. Calculations for anticipated salary escalation must be provided.

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EXHIBIT 1

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_
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
EXHIBIT 10-H 1 COST PROPOSAL Page 3 of 3
Certification of Direct Costs:

I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal{s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

1. Generally Accepted Accounting Principles {GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contracts

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service

6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board {when applicable)
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements.

Costs that are noncom pliant with the federal and state requirements are not eligible for reimbursement.

Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate{s).

Prime Consultant or Subconsultant Certifying:

Name: ______________ _ Title*:

Signature: ____ _ _ ____ __ ____ _ Date of Certification {mm/dd/yyyy): _ Email: ______ ______ __ _ Phone Number:

Address: ________________________________ _
*An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.

List services the consultant is providinq under the proposed contract:

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EXHIBIT 1

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Local Assistance Procedures Manual EXHIBIT 10-H2
Cost Proposal
EXHIBIT 10-H2 COST PROPOSAL Page 1 of3

SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Note: Mark-ups are Not Allowed
Consultant _________________ _ D Prime Consultant D Subconsultant D 2nd Tier Subconsultant Project No. _________ _ Contract No. ------- - Participation Amount $ ________ _ Date --- - For Combined Rate
Fringe Benefit% + General &Administrative% = Combined ICR% OR
For Home Office Rate
Fringe Benefit % + General &Administrative% = Home Office ICR% For Field Office Rate
Frinqe Benefit % + General &Administrative% = Field Office ICR% = Fee %

BILLING INFORMATION CALCULATION INFORMATION
Name/Job Title/Classification 1 Hourly Billing Rates2
Str aight3 OT(1.5x) OT(2x)
Effective Date of Hourly Rate
From To
Actual or Avg.

Hourly Rate4
% or$
Increase
Hourly Range -
for Clas sifications Only
John Doe - Project Manager*
Civil Engineer II
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
01/01/2016
01/01/2017
01/01/2018
12/31/2016
12/31/2017
12/31/2018
$0.00
$0.00
$0.00

0.0%

0.0%
Not Applicable
Sue Jones- Const ruction
Engineeri1nspector
Engineer I
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
01/01/2016
01/01/2017
01/01/2018
12/31/2016
12/31/2017
12/31/2018
$0.00
$0.00
$0.00

0.0%

0.0%
Not Applicable
Buddy Black - Claims Engineer
Engineer Ill
Land Surveyor
**
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
01/01/2016
01/01/2017
01/01/2018
01/01/2016
01/01/2017
01/01/2018
12/31/2016
12/31/2017
12/31/2018
12/31/2016
12/31/2017
12/31/2018
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00

0.0%

0.0%
Not Applicable
$00-$00
$00-$00
$00-$00
Technician $0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
01/01/2016
01/01/2017
01/01/2018
12/31/2016
12/31/2017
12/31/2018
$0.00
$0.00
$0.00

0.0%

0.0%
$00-$00
$00-$00
$00-$00
(Add pages as necessary)

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January 2020
EXHIBIT 1
 
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9/6/2022
 

Local Assistance Procedures Manual EXHIBIT 10-H2
Cost Proposal
NOTES:

1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**).All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

2. The cost proposal format shall not be amended.

3. Billing rate= actual hourly rate * (1 + ICR) * (1 + Fee). Indirect cost rates shall be updated on an annual basis in accordance with the consultants annual accounting period and established by a cognizant agency or accepted by Caltrans. All costs must comply with the Federal cost principles for reimbursement.

4. For named employees and key personnel enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification.

EXHIBIT 10-H2 COST PROPOSAL Page2ot3

SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Consultant __________________ _ □ Prime Consultant □ Subconsultant Project No. __________ _ Contract No. -----------Date ________ _ SCHEDULE OF OTHER DIRECT COST ITEMS (Add additional pages as necessary) Description of Item Quantity Unit Unit Cost Total
Subconsultant 1:

Subconsultant 2:

Subconsultant 3:

Subconsultant 4:

Subconsultant 5:

Note: Add additional pages if necessary.

NOTES:

1. List other direct cost items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documentation.

2. Proposed ODC items should be consistently billed regardless of client and contract type.

3. Items when incurred for the same purpose, in like circumstance, should not be included in any indirect cost pool or in the overhead rate.

4. Items such as special tooling, will be reimbursed at actual cost with supporting documentation (invoice).

5. Items listed above that would be considered "tools of the trade" are not reimbursable as other direct cost

6. Travel related costs should be pre-approved by the contracting agency and shall not exceed current State Department of Personnel Administration rules.

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January 2020
EXHIBIT 1
Mileage Costs
2 1
$ 10.00
$ 20.00
Equipment Rental and Supplies
2 $ 20.00
$ 40.00
Permit Fees
3 $ 30.00
$ 90.00
Plan Sheets
$ 0.00
Test
$ 0.00
Vehicle
$ 0.00
$ 100.00
$ 200.00
$ 300.00
$ 500.00
 
City Council
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9/6/2022
 

Local Assistance Procedures Manual EXHIBIT 10-H2
Cost Proposal

7. If mileage is claimed, the rate should be properly supported by the consultant's calculation of their actual costs for company vehicles. In addition, the miles claimed should be supported by mileage logs.

8. If a consultant proposes rental costs for a vehicle, the company must demonstrate that this is its standard procedure for all of their contracts and that they do not own any vehicles that could be used for the same purpose.

9. The cost proposal format shall not be amended. All costs must comply with the Federal cost principles.

10. Add additional pages if necessary.

11. Subconsultants must provide their own cost proposals.

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EXHIBIT 1
 
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Local Assistance Procedures Manual EXHIBIT 10-H2
Cost Proposal
EXHIBIT 10-H2 COST PROPOSAL Page 3 of 3
Certification of Direct Costs:

I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

7. Generally Accepted Accounting Principles (GAAP)

8. Terms and conditions of the contract

9. Title 23 United States Code Section 112 - Letting of Contracts

10. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures

11. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service

12. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable)
All costs must be applied consistently and fair1y to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements.

Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.

Prime Consultant or Subconsultant Certifying:

Name: ______________ _ Title*: ______________ _
Signature�: _____________ _ Date of Certification (mm/dd/y yyy):

Email: ______________ _ Phone Number: ___________ _
Address: ________________________________ _
* An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.

List services the consultant is providing under the proposed contract:

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EXHIBIT 1

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Local Assistance Procedures Manual EXHBIT 10-H3
Cost Proposal
EXHIBIT 10-HJ COST PROPOSAL Page 1 of 2

COST PER UNIT OF WORK CONTRACTS
(GEOTECHNICAL AND MATERIAL TESTING)
Note: Mark-ups are Not Allowed □ Prime Consultant □ Subconsultant □ 2nd Tier Subconsultant Consultant __________________ _
Project No. _________ _ Contract No. --------- Date ------ - Unit/Item of Work:
(Example: Log of Test Boring for Soils Report, or ADL Testing for Hazardous Waste Material Study} Include as many Items as necessary.

DIRECT LABOR Hours Billing Hourly Rate {$) Total{$)
Professional {Classification)*
Sub-professional/Technical**
EQUIPMENT 1 {with Operator)
EQUIPMENT 2 {with Operator)
Consultant's Other Direct Costs (ODC)- Itemize:

Description of Item Quantity Unit Unit Cost Total
Subconsultant 1:

Subconsultant 2:

Subconsultant 3:

Subconsultant 4:

Subconsultant 5:

Nole: Attach addtllonal pages if necessary.

TOTAL COST PER UNIT OF WORK
NOTES:
1 . Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals. The cost proposal format shall not be amended.

2. Hourly billing rates should include prevailing wage rates and be consistent with publicly advertised rates charged to all clients (Commercial, Private or Public).

3. Mobilization/De-mobilization is based on site location and number and frequency of tests/items.

4. ODC items shall be based on actual costs and supported by historical data and other documentation.

5. ODC items that would be considered "tools of the trade' are not reimbursable.

6. Billing Hourly Rates must be actual, allowable, and reasonable.

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January 2020
EXHIBIT 1
Mileage Costs
2 1
$ 10.00
$ 20.00
Equipment Rental and Supplies
2 $ 20.00
$ 40.00
Permit Fees
3 $ 30.00
$ 90.00
Plan Sheets
$ 0.00
Test
$ 0.00
$ 100.00
$ 200.00
$ 300.00
$ 500.00
✔
✔
✔

City Council
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_ _
Local Assistance Procedures Manual EXHBIT 10-H3
Cost Proposal
EXHIBIT 10-H3 COST PROPOSAL Page 2 of 2
Certification of Direct Costs:

13. Generally Accepted Accounting Principles {GAAP)

14. Terms and conditions of the contract

15. Title 23 United States Code Section 112 - Letting of Contracts

16. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures

17. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service

18. 48 Code of Federal Regulation Part 9904 - Cost Accounting Standards Board {when applicable)
All costs must be applied consistently and fair1y to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements.

Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.

Prime Consultant or Subconsultant Certifying:

Name: ______________ _ Title*: ______________ _
Signature�: _____________ _ Date of Certification {mm/dd/yyyy...._____ : _ Email: ______________ Phone Number,_,_: __________ _
Address: ________________________________ _
* An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.

List services the consultant is providinq under the proposed contract:

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January 2020
EXHIBIT 1

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I
Local Assistance Procedures Manual EXHBIT 10-1
Notice to Proposers DBE Information
EXHIBIT 10-1 NOTICE TO PROPOSERS DBE INFORMATION
(Federally funded projects only)
The Agency has established a DBE goal for this Contract of _____

1. 2.

3. 4.

TERMS AS USED IN THIS DOCUMENT
• The
term "Disadvantaged Business Enterprise" or "DBE" means a for-profit small business concern owned and controlled by a socially and economically disadvantaged person(s) as defined in Title 49, Code of Federal Regulations (CFR), Part 26.5.
• The term "Agreement" also means "Contract."
• Agency also means the local entity entering into this contract with the Contractor or Consultant. • The term "Small Business" or "SB" is as defined in 49 CFR 26.65.

AUTHORITY AND RESPONSIBILITY
A. DBEs and other small businesses are strongly encouraged to participate in the performance of Contracts financed in whole or in part with federal funds (See 49 CFR 26, "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs").

The Consultant must ensure that DBEs and other small businesses have the opportunity to participate in the performance of the work that is the subject of this solicitation and should take all necessary and reasonable steps for this assurance. The proposer must not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts.

B. Proposers are encouraged to use services offered by financial institutions owned and controlled by DBEs.

SUBMISSION OF DBE INFORMATION
If there is a DBE goal on the contract, Exhibit 10-01 Consultant Proposal DBE Commitment must be included in the Proposal. In order for a proposer to be considered responsible and responsive, the proposer must make good faith efforts to meet the goal established for the contract. If the goal is not met, the proposer must document adequate good faith efforts. All DBE participation will be counted towards meeting the contract goal; therefore, all DBE participation shall be collected and reported.

Exhibit 10-02 Consultant Contract DBE Information must be included in best qualified consultant's executed consultant contract. Even if no DBE participation will be reported, the successful proposer must execute and return the form.

DBE PARTICIPATION GENERAL INFORMATION
It is the proposer's responsibility to be fully informed regarding the requirements of 49 CFR, Part 26, and the Department's DBE program developed pursuant to the regulations. Particular attention is directed to the following:

A. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified through the California Unified Certification Program (CUCP).

B. A certified DBE may participate as a prime consultant, subconsultant, joint venture partner, as a vendor of material or supplies, or as a trucking company.

C. A DBE proposer not proposing as a joint venture with a non-DBE, will be required to document one or a combination of the following:

1. The proposer is a DBE and will meet the goal by performing work with its own forces.

2. The proposer will meet the goal through work performed by DBE subconsultants, suppliers or trucking companies.

3. The proposer, prior to proposing, made adequate good faith efforts to meet the goal.

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EXHIBIT 1

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Local Assistance Procedures Manual EXHBIT 10-1
Notice to Proposers DBE Information
D. A DBE joint venture partner must be responsible for specific contract items of work or clearly defined portions thereof. Responsibility means actually performing, managing, and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of the joint venture commensurate with its ownership interest.

E. A DBE must perform a commercially useful function pursuant to 49 CFR 26.55, that is, a DBE firm must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work.

F. The proposer shall list only one subconsultant for each portion of work as defined in their proposal and all DBE subconsultants should be listed in the bid/cost proposal list of subconsultants.

G. A prime consultant who is a certified DBE is eligible to claim all of the work in the Contract toward the DBE participation except that portion of the work to be performed by non-DBE subconsultants.

5. RESOURCES
A. The CUCP database includes the certified DBEs from all certifying agencies participating in the CUCP.

If you believe a firm is certified that cannot be located on the database, please contact the Caltrans Office of Certification toll free number 1-866-810-6346 for assistance.

B. Access the CUCP database from the Department of Transportation, Office of Civil Rights website

1. Click on the link titled Disadvantaged Business Enterprise;

2. Click on Search for a DBE Firm link;

3. Click on Access to the DBE Query Form located on the first line in the center of the page.

Searches can be performed by one or more criteria. Follow instructions on the screen.

6. MATERIALS OR SUPPLIES PURCHASED FROM DBES COUNT TOWARDS THE DBE GOAL UNDER THE FOLLOWING CONDITIONS:

A. If the materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the materials or supplies. A DBE manufacturer is a firm that operates or maintains a factory, or establishment that produces on the premises the materials, supplies, articles, or equipment required under the Contract and of the general character described by the specifications.

B. If the materials or supplies purchased from a DBE regular dealer, count 60 percent of the cost of the materials or supplies. A DBE regular dealer is a firm that owns, operates or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the Contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a DBE regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. A person may be a DBE regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt without owning, operating or maintaining a place of business provided in this section.

C. If the person both owns and operates distribution equipment for the products, any supplementing of regular dealers' own distribution equipment shall be, by a long-term lease agreement and not an ad hoc or Agreement-by-Agreement basis. Packagers, brokers, manufacturers' representatives, or other persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this section.

D. Materials or supplies purchased from a DBE, which is neither a manufacturer nor a regular dealer, will be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on the job site, provided the fees are reasonable and not excessive as compared with fees charged for similar services.

Page 2 of 2 ends

January 2020
EXHIBIT 1

City Council
21 –
46 9/6/2022

Local Assistance Procedures Manual Exhibit 10-K
Consultant Annual Certification of Indirect Costs and Financial Management System EXHIBIT 10-K CONSULTANT ANNUAL CERTIFICATION OF

INDIRECT COSTS AND FINANCIAL MANAGEMENT SYSTEM
(Note: If a Safe Harbor Indirect Cost Rate is approved, this form is not required.) Consultant’s Full Legal Name:

Important: Consultant means the individual or consultant providing engineering and design related services as a party of a contract with a recipient or sub-recipient of Federal assistance. Therefore, the Indirect Cost Rate(s) shall not be combined with its parent company or subsidiaries.

Indirect Cost Rate:

Combined Rate % OR
Home Office Rate % and Field Office Rate (if applicable) % Facilities Capital Cost of Money % (if applicable)
Fiscal period *
* Fiscal period is annual one year applicable accounting period that the Indirect Cost Rate was developed (not the contract period). The Indirect Cost Rate is based on the consultant’s one-year applicable accounting period for which financial statements are regularly prepared by the consultant.

I have reviewed the proposal to establish an Indirect Cost Rate(s) for the fiscal period as specified above and have determined to the best of my knowledge and belief that:
• All costs included in the cost proposal to establish the indirect cost rate(s) are allowable in accordance with the cost principles of the Federal Acquisition Regulation (FAR) 48, Code of Federal Regulations (CFR), Chapter 1, Part 31 (48 CFR Part 31); • The cost proposal does not include any costs which are expressly unallowable under the cost principles of 48 CFR Part 31;
• The accounting treatment and billing of prevailing wage delta costs are consistent with our prevailing wage policy as either direct labor, indirect costs, or other direct costs on all federally- funded A&E Consultant Contracts.
• All known material transactions or events that have occurred subsequent to year-end affecting the consultant’s ownership, organization, and indirect cost rates have been disclosed as of the date of this certification.

I am providing the required and applicable documents as instructed on Exhibit 10-A.

Financial Management System:

Our labor charging, job costing, and accounting systems meet the standards for financial reporting, accounting records, and internal control adequate to demonstrate that costs claimed have been incurred, appropriately accounted for, are allocable to the contract, and comply with the federal requirements as set forth in Title 23 United States Code (U.S.C.) Section 112(b)(2); 48 CFR Part 31.201-2(d); 23 CFR, Chapter 1, Part 172.11(a)(2); and all applicable state and federal rules and regulations.

Our financial management system has the following attributes:
• Account numbers identifying allowable direct, indirect, and unallowable cost accounts; • Ability to accumulate and segregate allowable direct, indirect, and unallowable costs into separate cost

Page 1 of 2 ends

March 2018
EXHIBIT 1

City Council
21 –
47 9/6/2022

Local Assistance Procedures Manual Exhibit 10-K
Consultant Annual Certification of Indirect Costs and Financial Management System accounts;
• Ability to accumulate and segregate allowable direct costs by project, contract and type of cost; • Internal controls to maintain integrity of financial management system; • Ability to account and record costs consistently and to ensure costs billed are in compliance with FAR; • Ability to ensure and demonstrate costs billed reconcile to general ledgers and job costing system; and • Ability to ensure costs are in compliance with contract terms and federal and state requirement Cost Reimbursements on Contracts:

I also understand that failure to comply with 48 CFR Part 16.301-3 or knowingly charge unallowable costs to Federal-Aid Highway Program (FAHP) contracts may result in possible penalties and sanctions as provided by the following:
• Sanctions and Penalties - 23 CFR Part 172.11(c)(4)
• False Claims Act - Title 31 U.S.C. Sections 3729-3733 • Statements or entries generally - Title 18 U.S.C. Section 1001 • Major Fraud Act - Title 18 U.S.C. Section 1031
All A&E Contract Information:
• Total participation amount $___________________ on all State and FAHP contracts for Architectural & Engineering services that the consultant received in the last three fiscal periods. • The number of states in which the consultant does business is . • Years of consultant’s experience with 48 CFR Part 31 is . • Audit history of the consultant’s current and prior years (if applicable) ☐ Cognizant ICR Audit ☐ Local Gov’t ICR Audit □ Caltrans ICR Audit ☐ Federal Gov’t ICR Audit ☐ CPA ICR Audit
I, the undersigned, certify all of the above to the best of my knowledge and belief and that I have reviewed the Indirect Cost Rate Schedule to determine that any costs which are expressly unallowable under the Federal cost principles have been removed and comply with Title 23 U.S.C. Section 112(b)(2), 48 CFR Part 31, 23 CFR Part 172, and all applicable state and federal rules and regulations. I also certify that I understand that all documentation of compliance must be retained by the consultant. I hereby acknowledge that costs that are noncompliant with the federal and state requirements are not eligible for reimbursement and must be returned to Caltrans.

Name**: _ Title**:

Signature: Date of Certification (mm/dd/yyyy):

Email**: Phone Number**:
**An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President, a Chief Financial Officer, or equivalent, who has authority to represent the financial information used to establish the indirect cost rate.

Note: Both prime and subconsultants as parties of a contract must complete their own Exhibit 10-K forms.

Caltrans will not process local agency’s invoices until a complete Exhibit 10-K form is accepted and approved by Caltrans Audits and Investigations.

Distribution: 1) Original - Local Agency Project File
2) Copy - Consultant
3) Copy - Caltrans Audits and Investigations

Page 2 of 2 ends

March 2018
EXHIBIT 1

City Council
21 –
48 9/6/2022

Local Assistance Procedures Manual Exhibit 10-O1
Consultant Proposal DBE Commitment
EXHIBIT 10-O1 CONSULTANT PROPOSAL DBE COMMITMENT

1. Local Agency: 2. Contract DBE Goal:

3. Project Description:

4. Project Location:

5. Consultant's Name: 6. Prime Certified DBE: 

7. Description of Work, Service, or Materials
Supplied

8. DBE
Certification
Number

10. DBE %
%
Local Agency to Complete this Section

17. Local Agency Contract Number:

18. Federal-Aid Project Number:

19. Proposed Contract Execution Date:

20. Consultant’s Ranking after Evaluation: __________________________ Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate.

9. DBE Contact Information

11. TOTAL CLAIMED DBE PARTICIPATION
IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Written confirmation of each listed DBE is required.

12. Preparer's Signature 13. Date

14. Preparer's Name 15. Phone

16. Preparer's Title
DISTRIBUTION: Original – Included with consultant’s proposal to local agency.

ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.

LPP 18-01 Page 1 of 2
January 2019
EXHIBIT 1
✔

City Council
21 –
49 9/6/2022

Local Assistance Procedures Manual Exhibit 10-O1
Consultant Proposal DBE Commitment
INSTRUCTIONS – CONSULTANT PROPOSAL DBE COMMITMENT

CONSULTANT SECTION

1. Local Agency - Enter the name of the local or regional agency that is funding the contract.

2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement.

3. Project Location - Enter the project location as it appears on the project advertisement.

4. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc.).

5. Consultant’s Name - Enter the consultant’s firm name.

6. Prime Certified DBE - Check box if prime contractor is a certified DBE.

7. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime consultant’s own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms.

8. DBE Certification Number - Enter the DBE’s Certification Identification Number. All DBEs must be certified on the date bids are opened.

9. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants.

Also, enter the prime consultant’s name and phone number, if the prime is a DBE.

10. DBE % - Percent participation of work to be performed or service provided by a DBE. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation.

11. Total Claimed DBE Participation % - Enter the total DBE participation claimed. If the total % claimed is less than item “Contract DBE Goal,” an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM).

12. Preparer’s Signature - The person completing the DBE commitment form on behalf of the consultant’s firm must sign their name.

13. Date - Enter the date the DBE commitment form is signed by the consultant’s preparer.

14. Preparer’s Name - Enter the name of the person preparing and signing the consultant’s DBE commitment form.

15. Phone - Enter the area code and phone number of the person signing the consultant’s DBE commitment form.

16. Preparer’s Title - Enter the position/title of the person signing the consultant’s DBE commitment form.

LOCAL AGENCY SECTION

17. Local Agency Contract Number - Enter the Local Agency contract number or identifier.

18. Federal-Aid Project Number - Enter the Federal-Aid Project Number.

19. Proposed Contract Execution Date - Enter the proposed contract execution date.

20. Consultant’s Ranking after Evaluation – Enter consultant’s ranking after all submittals/consultants are evaluated. Use this as a quick comparison for evaluating most qualified consultant.

21. Local Agency Representative’s Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this form is complete and accurate.

22. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative.

23. Local Agency Representative’s Name - Enter the name of the Local Agency Representative certifying the consultant’s DBE commitment form.

24. Phone - Enter the area code and phone number of the person signing the consultant’s DBE commitment form.

25. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the consultant’s DBE commitment form.

LPP 18-01 Page 2 of 2
January 2019
EXHIBIT 1

City Council
21 –
50 9/6/2022

Local Assistance Procedures Manual Exhibit 10-O2
Consultant Contract DBE Commitment
EXHIBIT 10-O2 CONSULTANT CONTRACT DBE COMMITMENT

1. Local Agency: 2. Contract DBE Goal:

3. Project Description:

4. Project Location:

5. Consultant's Name: 6. Prime Certified DBE:  7. Total Contract Award Amount:

8. Total Dollar Amount for ALL Subconsultants: 9. Total Number of ALL Subconsultants:

10. Description of Work, Service, or Materials
Supplied

11. DBE
Certification
Number

12. DBE Contact Information

13. DBE
Dollar
Amount
Local Agency to Complete this Section

14. TOTAL CLAIMED DBE PARTICIPATION
$ 20. Local Agency Contract
Number:

21. Federal-Aid Project Number:

22. Contract Execution
Date:

Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate.

23. Local Agency Representative's Signature 24. Date

25. Local Agency Representative's Name 26. Phone

27. Local Agency Representative's Title
%
IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Written confirmation of each listed DBE is required.

15. Preparer's Signature 16. Date

17. Preparer's Name 18. Phone

19. Preparer's Title
DISTRIBUTION: 1. Original – Local Agency

2. Copy – Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de-obligation of federal funds on contract.

ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654- 6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS -89, Sacramento, CA 95814.

Page 1 of 2 ends

July 23, 2015
EXHIBIT 1

City Council
21 –
51 9/6/2022

Local Assistance Procedures Manual Exhibit 10-O2
Consultant Contract DBE Commitment
INSTRUCTIONS – CONSULTANT CONTRACT DBE COMMITMENT

CONSULTANT SECTION

1. Local Agency - Enter the name of the local or regional agency that is funding the contract.

2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement.

3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc).

4. Project Location - Enter the project location as it appears on the project advertisement.

5. Consultant’s Name - Enter the consultant’s firm name.

6. Prime Certified DBE - Check box if prime contractor is a certified DBE.

7. Total Contract Award Amount - Enter the total contract award dollar amount for the prime consultant.

8. Total Dollar Amount for ALL Subconsultants – Enter the total dollar amount for all subcontracted consultants.

SUM = (DBEs + all Non-DBEs). Do not include the prime consultant information in this count.

9. Total number of ALL subconsultants – Enter the total number of all subcontracted consultants. SUM = (DBEs + all Non-DBEs). Do not include the prime consultant information in this count.

10. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime consultant’s own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms.

11. DBE Certification Number - Enter the DBE’s Certification Identification Number. All DBEs must be certified on the date bids are opened.

12. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants.

Also, enter the prime consultant’s name and phone number, if the prime is a DBE.

13. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation.

14. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the “DBE Dollar Amount” column. %: Enter the total DBE participation claimed (“Total Participation Dollars Claimed” divided by item “Total Contract Award Amount”). If the total % claimed is less than item “Contract DBE Goal,” an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM).

15. Preparer’s Signature - The person completing the DBE commitment form on behalf of the consultant’s firm must sign their name.

16. Date - Enter the date the DBE commitment form is signed by the consultant’s preparer.

17. Preparer’s Name - Enter the name of the person preparing and signing the consultant’s DBE commitment form.

18. Phone - Enter the area code and phone number of the person signing the consultant’s DBE commitment form.

19. Preparer’s Title - Enter the position/title of the person signing the consultant’s DBE commitment form.

LOCAL AGENCY SECTION

20. Local Agency Contract Number - Enter the Local Agency contract number or identifier.

21. Federal-Aid Project Number - Enter the Federal-Aid Project Number.

22. Contract Execution Date - Enter the date the contract was executed.

23. Local Agency Representative’s Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this form is complete and accurate.

24. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative.

25. Local Agency Representative’s Name - Enter the name of the Local Agency Representative certifying the consultant’s DBE commitment form.

26. Phone - Enter the area code and phone number of the person signing the consultant’s DBE commitment form.

27. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the consultant’s DBE commitment form.

Page 2 of 2 ends

July 23, 2015
EXHIBIT 1

City Council
21 –
52 9/6/2022

CONS

ULTANT AGREEMENT BETWEEN
THE CITY OF SANTA ANA AND WALK ‘N ROLLERS

FOR A SAFE ROUTES TO SCHOOL EDUCATION PROGRAM
THIS AGREEMENT is made and entered into on this 6th day of September, 2022 by and between Walk ‘n Rollers , (“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”).

RECI
TALS
A. The C
ity desires to retain a Consultant having special skill and knowledge in the field of bicycle safety education courses for the Willits Street Safe Routes to School Education Program.

B. Cons
ultant represents that Consultant is able and willing to provide such services to the City.

C. In u
ndertaking 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. SCOP

E OF SERVICES
Cons
ultant shall perform during the term of this Agreement, the services described in the scope of work that was included in RFP No. 21-110 and that is attached as Exhibit A , and as further delineated in Contractor’s proposal, which is attached as Exhibit B and incorporated in full.

2. COMP

ENSATION
a. Cit
y agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B . The total amount to be expended during the term of this Agreement shall not exceed $196,415. b. Paym
ent 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.

EXHIBIT 2

City Council
21 –
53 9/6/2022

3. TERM
T
his Agreement shall co mme nce on the date first written above for a two (2) year term with the option for the City to grant up to a one (1)-year renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 1 5, below.

4. I
NDEP

ENDENT CONTRACTOR
C
onsultant 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 whi ch 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. O

WNERSHIP OF MATERIALS
T
his 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 sub contractor prepares under this Agreement.

6. I

NSURANCE
C
onsultant 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.

City Council
21 –
54 9/6/2022

INIMUM SCOPE AND LIMIT OF INSURANCE
Co
verage shall be at least as broad as:
• Co
mmercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including pro perty 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.
• Aut
omobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non - owned), with limits no less than $1,000,000 per accident for bodily injury and property damage. (Not required if Consultant provides written verification it has no vehicles). • Wo
rkers’ Compensation insurance as required by the State of California, with Statutory • Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if Consultant provides written verification it has no vehicles).
• Se
xual 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 $100,000 per occurrence or claim for an individual and with a limit no less than $1,000,000 per occurrence or claim for organization. (Not required if City staff is present during all activity).

If t
he 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 Instructor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Sel
f-Insured Retentions
Se
lf-insured retentions must be declared to and approved by the City. The City may require the Instructor to 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.

Ot
her Insurance Provisions
Th
e general liability policy is to contain, or be endorsed to contain, the following provisions:

1. The
City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by

City Council
21 –
55 9/6/2022

o
r on behalf of the Instructor including materials, parts or equipment furnished in connection with such work or operations.

2. Fo
r any claims related to this contract, the Consultant ’s insurance coverage shall be primary insurance coverage at least as bro ad as ISO CG 20 01 04 13 as respects the City , its officers, officials, employees, agents, and volunteers.

3. Th
e Insurance Company agrees to waive all rights of subrogation against the City , its elected or appointed officers, officials, agents, and employee s for losses paid under the terms of any policy which arise from work performed by the Instructor for the City . This provision also applies to the Instructor’s Workers’ Compensation policy.

4. Each
insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

Accep
tability of Insurers
In
surance 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.

Ve
rification of Coverage
Co
nsultant shall furnish the City with original Certificates of I nsurance 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. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications, at any time.

Sp
ecial Events Coverage for Instructors
Sp
ecial events coverage is available for an additional fee to provide the liability insurance required by this agreement. Consultant can obtain additional information and cost from the City.

Sp
ecial or Low Risk Activities
Cit
y reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. The City reserves the right to modify or waive insurance requirements for certain low risk recreational activities shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Instructor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

City Council
21 –
56 9/6/2022

7. I

NDEMNIFICATION

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 r equired by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.

8. INTELLECTUAL PROPERTY INDEMNIFICATION

Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement.

9. RECORDS

Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from th e 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.

City Council
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57 9/6/2022

10. C

ONFIDENTIALITY

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, gender id City, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization , promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.

13. EXCLUSIVITY AND AMENDMENT

This Agreement represents the complete and exclusive statement between the City and 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, indu cements, 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.

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14. AS

SIGNMENT
In
asmuch as this Agreement is intended to secure the specialized services of Contractor , 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 Contractors retained by City.

15. TERM

INATION
Th
is 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 wo rk which fails to meet the standard of performance specified in the Recitals of this Agreement.

16. WAI
VER
No
waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.

17. JURI

SDICTION - VENUE
Th
is Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses o f 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. PR

OFESSIONAL LICENSES
Co
nsultant 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

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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. NOT
ICE
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:

Cle
rk 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
Wit
h courtesy copies to:

Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-43)
P.O. Box 1988
Santa Ana, California 92702
To Contractor:

A p
arty 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.

James Shanman
Executive Director
Walk ‘n Rollers
8800 Venice Blvd. Ste. 301,
Los Angeles, CA 90034

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HIBIT A

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City of Santa Ana RFP 21-110
Page A1-1
Appendix
ATTACHMENT 1

SCOPE OF WORK

CITY OF SANTA ANA

REQUEST FOR PROPOSALS
FOR

WILLITS STREET SAFE ROUTES TO SCHOOL PROGRAM
RFP NO. 21-110

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City of Santa Ana RFP 21-110
Page A1-2
crashes and collisions, and emphasize the importance of helmet use when riding a bicycle.

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City of Santa Ana RFP 21-110
Page A1-3
SPECIAL REQUIREMENTS (ATTACHMENT 4)
This project will utilize California Department of Transportation (Caltrans) funds and shall therefore comply with all state and federal requirements. The below referenced forms included in Attachment 4 (Additional Provisions) of the Appendix must be completed in their ent irety and submitted with your proposal:
 LAPM Exhibit 10-H: Sample Cost Proposal
 LAPM Exhibit 10-O1: Consultant Proposal DBE Commitment  LAPM Exhibit 10-O2: Consultant Contract DBE Commitment  LAPM Exhibit 10-K: Consultant Certification of Contract Costs and Financial management System
Please reference Caltrans Local Assistance Procedure Manual, Consultant Selection, Chapter 10, for further instructions and guidelines pertaining to the complet ion of these forms:https://dot.ca.gov/-/media/dot-media/programs/local-assistance/documents/lapm/ch10.pdf COMPLIANCE WITH REQUIREMENTS OF FUNDING AGENCY:

This agreement m ay be funded with state and/or federal grant funds administered by Caltrans.

DISADVANTAGED BUSINESS ENTERPRISES (DBE) GOAL:

CONSULTANT AUDIT AND REVIEW PROCESS:

To independently download any of the Caltrans Exhibits required per this RFP, visit:
https://dot.ca.gov/programs/local-assistance/forms/local-assistance-procedures-manual-forms

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HIBIT B

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Leslie Scott Consulting Tool Design
Jim Shanman Chinnaly Sayarath Johanna Iraheta Jax Bicycles Leslie Scott Lead Project Admin Lead Instructor Assistant Instructors Project Lead Project Lead Hourly Rate $150.00 $75.00 $100.00 $50.00 $175.00 $150.00 Task 1: Safe Urban Cycling Workshops 0$ 0
Coordination 50 100 12 24 186 $20,400
Instruction 24 24 48 $3,600
234 $24,000
Task 2: Basic Bike Mechanic Skills Workshops 0$ 0
Coordination 50 100 12 24 186 $20,400
Instruction 24 24 48 $3,600
234 $24,000
Task 3: Group Bike Rides 0$ 0
Coordination 25 100 9 24 158 $16,350
Ride Leadership 18 18 36 $2,700
194 $19,050
Task 4: Establishing Teen Mobility Center 0$ 0
Project Development 80 50 130 $15,750
Project coordination 50 50 24 124 $15,450
Workshops (2, 4 hr workshops/month, 18 months) 0 144 144 288 $21,600 LCI Seminar 20 20 30 70 $7,500
Audit and Advocacy Workshops 100 100 $15,000
712 $75,300
Project Admin 25 120 145 $12,750
$12,750
Grand Total: Hours 300 540 273 210 96 100 1519
$45,000 $40,500 $27,300.00 $10,500 $16,800 $15,000 $155,100 $155,100
Indirect Costs 0$ 0
Printing $5,000 $5,000 $5,000
Parts, tools, supplies $5,000 5000 $5,000
Insurance $2,000 2000 $2,000
LCI Seminar, League's Fees $10,000 10000 $10,000
0 $22,000
Total Hours 1519 --
Total Direct Costs $148,100.00 -- $155,100
Total Indirect Costs $22,000 22000 $22,000
OTHER DIRECT COSTS:

Mileage 900 @ $.54/mile 900 @ $.54/mile 900 @ $.54/mile $1,458 $1,458 Total Project Cost Estimate $178,558.00 $178,558
Total Project Cost Estimate, with Optional Collision Analysis Walk 'n Rollers Fee Proposal
Willits Street Safe Routes to School Program
Task
Walk 'n Rollers
Total Total Cost
 
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Public Works Agency
www.santa-ana.org/pw
Item # 22
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 6, 2022
TOPIC: Real Property Acquisition for Warner Avenue Street Improvements

AGENDA TITLE
Authorize a Purchase Agreement in the Amount of $800,000 for Full Real Property Acquisition for Warner Avenue Improvements Phase 2 (Property Owner: Jose B.

Hernandez) (Project No. 18-6901) (Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute a purchase agreement with property owner Jose B. Hernandez, for the full property acquisition and goodwill (if any) for the real property located at 809 E. Warner Avenue (APN 016-104-21) in the amount of $800,000, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
Warner Avenue is classified as an East-West Major Arterial in the City’s General Plan Circulation Element and the County of Orange Master Plan of Arterial Highways.

Improving the one-mile segment of Warner Avenue from Main Street to Wright Street has been a long-term priority project that is being constructed in several phases.

Improvements include widening the street from a four-lane roadway to a six-lane arterial, to address safety issues and provide adequate vehicular capacity. Also included is the installation of parkways, raised median landscaping, storm drains, protected bike lanes, sound walls, streetlights, and traffic signals. The City is acquiring properties for the development of Phase 2 of the Warner Avenue Improvements Project, bounded by Oak Street and Grand Avenue. Construction is anticipated to begin in spring 2023.

The proposed improvements for the Project originated as a mitigation measure for the Tustin Legacy Project, which involves the redevelopment of the former Tustin Marine Corps Air Station as a mixed-use commercial, residential, and industrial project. As such, the City of Tustin agreed to partially fund the improvements on Warner Avenue between Main Street and Grand Avenue.

The recommended property acquisition (Exhibit 1) is necessary to accommodate the street improvements for Phase 2. The purchase offer was determined based on the appraised value prepared by a California State licensed appraiser and accepted by the property owner (Exhibit 2).

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Real Property Purchase Agreement – Warner Avenue Improvements, Phase 2 September 6, 2022

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2 5

ENVIRONMENTAL IMPACT
On September 1, 2015, City Council approved the Warner Avenue Final Environmental Impact Statement (SCH No. 2012101004).

FISCAL IMPACT
Funds in the amount of $800,000 are budgeted and available in the Warner Avenue Improvements Project (No. 18-6901) for property acquisition expenditures in FY 2022-23 as follows:

Fiscal
Year
Accounting
Unit–Account
No.

Fund Description
Accounting Unit,
Account No.

Description
Amount
2022-23 03217663-66100
(18-6901)
Measure M-
Street Construction
Measure M2 Competitive
Street, Land $600,000
2022-23 05917668-66100
(18-6901)
Select Street
Construction
(City of Tustin
Contribution)
Warner Ave-Tustin
Community Facilities
District, Land
$200,000
TOTAL $800,000

EXHIBIT(S)

1. Location Map

2. Purchase Agreement – APN 016-104-21
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager

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2 9/6/2022

HALLADAY ST

HICKORY ST

CEDAR ST
OAK ST

KILSON DR

HICKORY ST
W
A
R
N
E
R

A
V
E
LEGEND:
-SUBJECT PROPERTY
TITLE:

EXHIBIT 1
PWA

SANTA ANA

PUBLIC WORKS AGENCY

NONGENERAL FUND)

PURCHASE AGREEMENTS FOR WARNER AVENUE
-ACQUIRED PROPERTIES
IMPROVEMENTS (PROJECT NO. 18-6901
N
(NTS)
W
A
R
N
E
R

A
V
E

SEE TOP RIGHT

MATCHLINE

SEE BOTTOM LEFT

MATCHLINE
2246 S. OAK ST
0 1
6 -
1 0
1 -
2 8
2245 S. OAK ST
0 1
6 -
1 0
2 -
2 4
0 1
6 -
1 0
2 -
2 3
2246 S. KILSON DR
0 1
6 -
1 0
3 -
2 3
705 E. WARNER AVE
016-105-19
2245 S. HALLADAY ST
016-104-29
2244 S. HALLADAY ST
016-104-21
809 E. WARNER AVE
016-105-20
905 E. WARNER AVE
016-105-21
909 E. WARNER AVE
0 1
6 -
2 1
4 -
1 2
2246 S. CEDAR ST
0 1
6 -
2 1
2 -
2 6
2247 S. CEDAR ST
016-103-22
2245 S. KILSON DR
016-090-26
016-090-25
016-090-24
016-090-21
016-090-22
016-090-22
016-133-44
016-133-33
016-133-32
016-133-31

ELEMENTARY
MONROE
ARMORY

NATIONAL GUARD
ARMORY

NATIONAL GUARD

DELHI PARK
ARMORY

NATIONAL GUARD

DELHI PARK
0 1
6 -
1 0
4 -
2 8
2245 S. HICKORY ST
0 1
6 -
1 0
4 -
2 1
809 E. WARNER AVE.

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EXHIBIT 2

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August 2

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Community Development Agency
www.santa-ana.org/cd
Item # 23
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 6, 2022
TOPIC: Agreement with Orange County Conservation Corps
AGENDA TITLE:

Approve agreement with Orange County Conservation Corps as a subcontractor to the Californians for All Youth Workforce Program.

RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Orange County Conservation Corps in an amount of $1,499,087 for a period from September 6, 2022 to May 1, 2024, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
The Californians for All Youth Workforce Program is a Governor’s initiative administered by California Volunteers in partnership with cities across California. The purpose of the initiative is to increase youth employment, develop youth interest in and experience towards a career in public service and to strengthen city capacity to address key areas of climate, food insecurity, and local COVID-19 recovery.

The grant will target youth between 16-30 years of age, with priority given to youth who meet two or more of the following: have not participated in an AmeriCorps program, may have difficulty finding employment, are low income, unemployed and/or out of school, were justice involved, are in or transitioning from foster care or engaged with the mental health or substance abuse system.

The Orange County Conservation Corps serve at-risk young adults through employment, training and educational programs that build self-sufficiency and benefit the community through conservation-driven projects. They have almost thirty years of history working with at risk adults in conservation and community service projects.

Under the agreement, the Corps will serve 80 youth age 18-30 in paid work experience in three areas: food insecurity, climate resilience and COVID-19 recovery. Averaging 29 hours per week, the youth will work at local area food banks unloading trucks, packaging boxes, delivery and distribution of food to locations throughout the county. They may also work on county and city projects in clearing brush from trails, creeks or riverbanks and other fire fuel reduction removal efforts to promote climate resilience.

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Agreement with Orange County Conservation Corps
September 6, 2022

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This agreement will help the City fulfill the goal of serving 290 youth by May 2024 under the Californians for All Youth Workforce grant.

FISCAL IMPACT
Funds are budgeted and available for anticipated expenditures as follows:

Fiscal Year Accounting
Unit- Account
Fund
Description
Accounting
Unit, Account
Description
Amount
FY 22-23
(August –
June)
18318763 -
Various
CA for All Grant CA for All
Grant,
Payment to
Subagent
$824,497.80
FY 23-24
(July –
March)
18318763 -
Various
CA for All Grant CA for All
Grant,
Payment to
Subagent
$674,589.20
Total
Expenditures
$1,499,087

EXHIBIT(S)

1. Agreement
Submitted By: Steven Mendoza, Assistant City Manager
Approved By: Kristine Ridge, City Manager

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2 9/6/2022

1 CALIFORNIA VOLUNTEERS

SUBCONTRACTOR AGREEMENT BETWEEN

THE CITY OF SANTA ANA AND

ORANGE COUNTY CONSERVATION CORPS

THIS CALIFORNIA VOLUNTEERS, CALIFORNIANSFORALL YOUTH
WORKFORCE DEVELOPMENT PROGRAM, GRANT AGREEMENT (“CA4All Agreement”), is hereby made and entered into this 6th day of September, 2022, by and between the City of Santa Ana, a charter city and municipal corporation of the Sta te of California (“Contractor”), and Orange County Conservation Corps , a Cal ifornia nonprofit organization (“Subcontractor”).

RECITALS:

A. Contractor submitted a proposal for the Civic Engagement Youth Workforce Development Project funded by California Volunteers, specifically the CaliforniansForAll Youth Workforce Development Program (“CA4All”).

B. Contractor’s main objective of CA4All is to provide meaningful work experience to local youth, particularly those who are historically part of underrepresented groups and have difficulty finding employment due to the pandemic. The focus will be on low -income youth, justice involved youth and other ma rginalized groups. Additionally, the project aims to address issues of food insecurity by collaborating with food recovery organizations and services to help feed those in need.

C. Contractor is the recipient of CA4All funds from the State of California. On June 7, 2022, Contractor entered into State of California Agreement Number JP1012, Contractor Agreement No. A -2022-089, commencing on June 7, 2022 , through May 1, 202 4, in a total amount not to exceed $ 4,497,514.00 (“State CA4All Agreement”). A true and correct copy of the State CA4All Agreement is attached hereto as Exhibit A and incorporated herein by this reference.

D. Subcontractor has been made aware of the State CA4All Agreement and agrees to comply with all the conditions of the State CA4All Agreement and the applicable State requirements governing the use of CA4All grant funds , including State Fiscal Recovery Funds.

E. Contractor now approves the provision of CA4All grant funds to Subcontractor in an amount not to exceed $1,499,087.00, to be used in compliance with the CA4All objectives defined herein.

F. Subcontractor represent s that it has the requisite qualifications, expertise, and experience to use said CA4All grant funds to operate pursuant to CA4All objectives.

EXHIBIT 1

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2 G. This CA4All Agreement is contin gent upon the award of CA4All grant fun ds from the State of California.

H. Contractor and Subcontractor have duly executed this CA4All Agreement for the expenditure and utilization of said CA4All funds.

NOW THEREFORE, it is agreed by and between the part ies that the foregoing Recitals are a substantive part of this CA4All Agreement, and the following terms and conditions are approved and together with all exhibits and attachments hereto, shall constitute the entire CA4All Agreement between the Contractor and Subcontractor:

1. SCOPE OF SERVICES

Subcontractor shall perform during the term of this CA4All Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately compl ete the services necessary for the CA4All objectives, as detailed in the Program Implementation and Budget Narrative attached hereto as Exhibit B and incorporated herein by reference (“Program”).

2. TERM

This CA4All Agreement shall take effect on the da te first written above a nd shall terminate on May 1, 2024, unless otherwise terminated, cancelled or modified according to the terms of this CA4All Agreement.

3. DISBURSEMENT AND FUNDS

A. Contractor was allocated $ 4,497,514.00 in CA4All grant funds from the State of California to be expended by May 1, 2024. Contractor agrees to pay to S ubcontractor when, if and to the extent State CA4All grant funds are received a sum not to exceed $1,499,087.00 for Subcontractor’s performance of the Program through the term of this CA4All Agreement. Said sum shall be paid after C ontractor receives invoices submitted by S ubcontractor as provided herein.

B. In accordance with the Reporting and Invoicing requirements found in Exhibit A, Subcontractor shall submit quarte rly invoices in a form prescribed by the C ontractor, detailing such expenses. Such schedule may be modified with the approval of the Contractor.

C. Payment is subject to the receipt and approval of such invoices and quarterly activity reports. Contractor shall pay such invoices within thirty (30) days after receipt thereof, provided Contractor is satisfied that such expenses have been incurred within the scope of this CA4All Agreement and that the Subcontractor is in compliance with the terms and conditio ns of this CA4All Agreement. The thirty (30) day period will discontinue if the reimbursement request is determined to be incomplete and will restart the thirty -day timeline once the remaining required elements have been submitted. Failure to provide any of the required documentation EXHIBIT 1

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3 will cause the Contractor to withhold all or a portion of a request for reimbursement until such documentation has been received and approved by the Contractor.

D. Subcontractor agrees to use said funds pursuant to this CA4All Agreement to pay for necessary and reasonable costs allowable under state law and regulations to operate said CA4All Program only. S ubcontractor’s failure to perform as required may, in addition to other remedies set forth in this CA4All Agreement, result in readjustment of the amount of funds the Contractor is otherwise obligated to pay to the S ubcontractor pursuant to the terms hereof , or termination of this CA4All Agreement.

4. STATE CA4ALL AGREEMENT

Contractor entered into State Agreement Number JP1012 with the State of California receiving and recognizing $ 4,497,514.00 in CA4All grant funds to be used by Contractor to address youth workforce development. A true and correct copy of the State CA4All Agreement is attached hereto as Exhibit A and incorporated herein by this reference. Subcontractor has been made aware of the State CA4All Agreement and agrees to comply with all the conditions of the State CA4All Agreement and the applicable State requirements governing the use of CA4All grant funds.

5. INDEPENDENT CONTRACTOR
Subcontractor shall, during the entire term of this CA4All Agreement, be construed to be an independent contractor and not an employee of the Contractor. This CA4All Agreement is not intended nor shall it be construed to creat e an employer -employee relationship, a joint venture relationship, or to allow the Contractor to exercise discretion or control over the professional manner in which Subcontractor performs the services which are the subject matter of this CA4All Agreement; however, the services to be provided by Subcontractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Subcontractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.

6. OWNERSHIP OF MATERIALS
This CA4All Agreement creates a non -exclusive and perpetual license for Contractor 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 limite d to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Subcontractor under this CA4All Agreement (“Documents & Data”). Subcontractor shall require all subcontractors to agre e in writing that Contractor is granted a non -exclusive and perpetual license for any Documents & Data the subcontractor prepares under this CA4All Agreement. Subcontractor represents and warrants that Subcontractor has the legal right to license any and all Documents & Data. Subcontractor makes no such representation and warranty in regard to Documents & Data which were provided to EXHIBIT 1

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4 Subcontractor by the Contractor. C ontractor 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 CA4All Agreement shall be at Contractor’s sole risk.

7. INSURANCE
Subcontractor shall procure and maintain for the duration of the CA4All Agreement 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 Subcontractor, its agents, representatives, employees or subcontractors. a. Minimum Scope and Limit of Insurance: coverage shall be at least as broad as:

1. Commercial General Liability (CGL) : Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including 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.

2. Automobile Liability : Insurance Services Office Form Number CA 00 01 covering any auto (Code 1), or if Subcontractor has no owned autos, hired (Code 8) and non -owned autos (Code 9), with limit s no less than $1,000,000 per accident for bodily injury and prope rty damage. (Not required if Subcontractor provides written verification it has no vehicles.)

3. Workers’ Compensation: insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Sexual Abuse or Molestation (SAM) L iability: 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 molestati on, Vendor shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $100,000 per occurrence or claim and with a limit not less than $1,000,000 per occurrence or claim for organization . (Not required if Contractor s taff is present during all activity.)

5. Broader Coverage : if Subcontractor maintains broader coverage and/or higher limits than the minimums shown above, the Contractor requires and shall be entitled to the broader coverage and/or the higher limits maintained by Subcontractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Contractor.

6. Self-Insured Retentions: Self-insured retentions must be declared to and approved by the Contractor. The Contractor may require Subcontractor to provide EXHIBIT 1

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5 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 Contractor

b. Other Insurance Provisions: the general liability policy is to contain, or be endorsed to contain, the following provisions:

1. Additional Insured Status: The Contractor, its officers, officials, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of Subcontractor including materials, parts, or equipment furnished in connection with such work or operations.

2. Primary Coverage: For any claims related to this CA4All Agreement, the Subcontractor’s insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Contractor, its off icers, officials, employees, and volunteers.

3. Waiver of Subrogation: The Insurance Company agrees to waive all rights of subrogation against the Contractor, its elected or appointed officers, officials, agents, and employees for losses paid under the ter ms of any policy which arise from work performed by the Subcontractor for the Contractor. This provision also applies to the Subcontractor’s Workers’ Compensation policy.

4. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Contractor.

5. 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 Contractor.

6. Verification of Coverage: Subcontractor shall furnish the Contractor 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 Contractor before work begins. Contractor reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications, at any time.

7. Special Events Coverage for Instructors : Special events coverage is available for an additional fee to provide the liability insurance required by this CA4All Agreement. Subcontractor can obtain additional information and cost from the Contractor.

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6 8. Special or Low Risk Activities: Contractor reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Contractor reserves the right to modify or waive insurance requirements for certain low risk recreational activities.

8. INDEMNIFICATION
Subcontractor agrees to defend, and shall indemnify and hold harmless t he Contractor, 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, incl uding death, and claims for property damage, which may arise from the negligent operations of the Subcontractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this CA4All 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 CA4All Agreement. This indemnity and hold harmless agreement appli es 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 CA4All Agreement. The Subcontractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the Contractor, including fees and costs for special counsel to be selected by the Contractor, regarding any action by a third party challenging the validity of this CA4All 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 CA4All Agreement. Contractor may make all reasonable decisions with respect to its representation in any legal proceeding.

Notwithstanding the foregoing, to the extent Subcontractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limite d, 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 Subcontractor.

9. RECORDS
Subcontractor shall keep records and invoices in connection with the work to be performed under this CA4All Agreement. Subcontractor shall maintain complete and accurate records with respect to the costs incurred under this CA4All Agreement and any services, expenditures, and disbursements charged to the Contractor for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Subcontractor under this CA4All Agreement. All such records and invoices shall be clearly identifiable.

Subcontractor shall allow a rep resentative of the Contractor to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this CA4All Agreement during regular business hours. Subcontractor shall allow inspection of all work, data, documents, proceedings, and activities related to this CA4All Agreement for a period of three (3) years from the date of final payment to Subcontractor under this CA4All Agreement.

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7 10. CONFIDENTIALITY
If Subcontractor receives from the Contractor information whi ch due to the nature of such information is reasonably understood to be confidential and/or proprietary, Subcontractor agrees that it shall not use or disclose such information except in the performance of this CA4All Agreement, and further agrees to exerc ise 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 CA4All Agreement. The foregoing obligatio ns 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 Subcontractor disclosed in a publicly available source; (c) is in rightful possession of the Subcontractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Subcontractor without reference to information disclosed by the Contractor.

11. CONFLICT OF INTEREST CLAUSE
Subcontractor 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 CA4All Agreement.

12. NON-DISCRIMINATION
Subcontractor 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, ter mination or other employment related activities. Subcontractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.

13. EXCLUSIVITY AND AMENDMENT
This CA4All Agreement and the State CA4All Agreement represent the complete and exclusive statements between the Contractor and Subcontractor, and supersede any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this CA4All Agreement and the State CA4All Agreement, the terms of the State CA4All Agreement shall prevail. This CA4All Agreement may not be modified except by written instrument signed by the Contractor and by an authorized representative of Subcontractor. 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 Subcontractor or the Contractor. Each party to this CA4All 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.

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City Council
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8 14. ASSIGNMENT
Inasmuch as this CA4All Agreement is inten ded to secure the specialized services of Subcontractor, Subcontractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the Contractor and any such assignment, transfer, delegation or subcontract w ithout the Contractor's prior written consent shall be considered null and void. Nothing in this CA4All Agreement shall be construed to limit the Contractor’s ability to have any of the services which are the subject to this CA4All Agreement performed by Contractor personnel or by other Subcontractors retained by Contractor.

15. TERMINATION
This CA4All Agreement may be terminated by the Contractor upon thirty (30) days written notice of termination. In such event, Subcontractor shall be entitled to receiv e and the Contractor shall pay Subcontractor compensation for all services performed by Subcontractor prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may requir e Subcontractor to deliver to the Contractor all work product(s) completed as of such date, and in such case such work product shall be the property of the Contractor unless prohibited by law, and Subcontractor consents to the Contractor’s use thereof for such purposes as the Contractor deems appropriate.
b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this CA4All Agreement.

16. WAIVER
No waiver of breach, failure of any condition, or any righ t or remedy contained in or granted by the provisions of this CA4All 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 de emed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.

17. JURISDICTION - VENUE
This CA4All 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 CA4All 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 CA4All Agreement.

18. PROFESSIONAL LICENSES
Subcontractor shall, throughout the term of this CA4All Agreement, maintain al l necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of EXHIBIT 1

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9 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. Subcontractor shall notify the Contractor 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 CA4All Agreement.

19. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this CA4All 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:

CONTRACTOR: SUBRECIPIENT:

City of Santa Ana Orange County Conservation Corps
Community Development Agency (M-25) 1853 N. Raymond Ave., 20 Civic Center Plaza Anaheim, CA 92801
P.O. Box 1988 Phone: (714) 956-6222
Santa Ana, CA 92702-1988 Fax: (714) 888-0059
Phone: (714) 647-5378
Fax: (714) 647-6549

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, c ommunication 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 CA4All Agreement, and shall indemnify Contractor fully, including reasonable costs and attorney’s fees, for any injuries or damages to Contractor 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 CA4All Agreement.
{Signatures on following page}

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11 EXHIBIT A

STATE CA4ALL AGREEMENT

STATE CONTRACT NUMBER JP1012

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DocuSign Envelope ID: D9400988- 4C42- 408F- A8FO- 5AC4CB5A4BCF D: U6SU- JP1 U1 2 0, co U)(N'20vaIns.-6t U) A- 2022- 089

STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES
STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER ( if Applicable) C STD213 (Rev.04/2020) JP1012
N 1. ThisAgreementisenteredintobetweentheContractingAgencyandtheContractornamedbelow:

N CONTRACTINGAGENCYNAME
OPR/ California Volunteers

CONTRACTOR NAME
City of SantaAna

2. The term of this Agreement is:

START DATE
June 7, 2022

THROUGH END DATE
May 1, 2024

3. The maximum amount of this Agreement is:
4,497,514.00or Four -Million, Four -Hundred Ninety -SevenThousand, Five -Hundred Fourteen Dollars and 00/ 100

4. Thepartiesagreeto comply with the termsandconditionsof the following exhibits, which areby this referencemadea part of the Agreement.

Exhibits Title Pages
Scope of Work 5
Budget Detail and Payment Provisions 2
V
General Terms and Conditions Online
California Volunteers' Reporting Requirements, Invoicing, and Specific Requirementsand Terms and Conditions
6 Items shown with an asterisk (), are hereby Incorporated by reverence and made part or this agreement as it attached hereto.

Thesedocuments can be viewed athttas•// wwwActs.ca.gov/ OLS/Resources IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.

CONTRACTOR
CONTRACTORNAME (if other than an individual, state whether a corporation, partnership, etc.) City of SantaAna

CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP
20 Civic Center Plaza Santa Ana CA 92701

PRINTED NAME OF PERSON SIGNING TITLE
Kristine Ridge City Manager

SIGNATURE DATE SIGNED
EMINWAAaYTHORIZEDlA2 K/..
6/ 9/ 2022

STATE OF CALIFORNIA

CONTRACTING AGENCY NAME
OPR/ California Volunteers

CONTRACTING AGENCY ADDRESS CITY STATE ZIP
1400 10th Street Sacramento CA 95814

PRINTED NAME OF PERSON SIGNING TITLE
Anthony Chavez Director of Operations

9.q9 NCPdyGENCYAUTHORIZED SIGNATURE DATESIGNED
QkoIAl /6,,, ,
6/ 13/ 2022
ALI " ENT OF GENERAL SERVICES APPROVAL EXEMPTION ( if Applicable) ATTUr
I.

R.fCLERKOF THECOUNc;i
Daisy. Gomez
Clerk of the Council, MMC Pace 1 of 1
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DocuSlgn Envelope ID: D9400988- 4C42- 408F- ABFD- 5AC4CB5A4BCF atyofBantaAnJP101:

Exhibit A Scope of Work
City of Santa Ana Civic Engagement Youth Workforce Development Project Funded by CaliforniaVolunteers
Section 1: Program Goal

1. What does your city hope to gain from this program/are there strategic goals this program can help your city meet?
The City of Santa Ana through its Workforce Development Board ( SAWDB) intends to provide meaningful work experience to local youth, particularly those who are historically part of underrepresented groups and have difficulty finding employment due to the pandemic. The focus will be on low-income youth, justice involved youth and other marginalized groups. Strategically, the City will strengthen existing partnerships and establish new ones with agencies and organizations committed to increasing youth employment, providing career guidance and fostering that same commitment in the youth they serve. Youth, will be provided with meaningful work experience coupled with intensive career exploration. Lastly, the project aims to address issues of food insecurity by collaborating with food recovery organizations and services to help feed those in need. The lead for this project is the SAWDB, the designated administrator and operator of workforce development programming for the City of Santa Ana and recipient of federal Workforce Innovation and Opportunity Act WIOA) and other workforce development funding.

Section 2: Program Design

1. Which focus area(s) will youth be working on (food insecurity, climate change, etc.)? If other focus areas are addressed, please describe.

Youth will be working directly on projects and assignments addressingfood insecurity, the impacts of climate change, and post -pandemic recovery.

2. Do you plan to sub -grant with CBOs? If so, please name each organization and any prior experiencethey have runningsimilar programsor the processby whichyou will select CBO partners.

The Cityof SantaAna will provideservicesto youth using bothin-houseprogram staff and partnerships with Community Based Organizations ( CBOs). In house program staff will include personnel from both the Santa Ana WORK Center and the Santa Ana Public Library.

The WORK Center has decades of implementing youth programs specifically through a "DaisyWheel' servicedelivery model. Theunderlying philosophy ofthe DaisyWheel is an " All Youth One System" concept, where resources are leveraged from a network of Youth Service Providers. The concept allowed youth regardless of eligibility to receive services from the various partners of a Youth Service Providers Network YSPN).

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DocuSign Envelope ID: D9400988- 4C42- 408F-A8FD- 5AC4CB5A46CF The YSPN consists of Service Providers that collectively offer various youth services in a creative and interactive manner. The concept, allows the Service Provider to focus on what service they specialize in and do best. The YSPN will promote broad - based coordination and cooperation among all youth Service Providers and to provide the technical assistance needed to make the network a success. The WORK Center as the Navigator will provide partners with structure and guidance toward meeting the grant objectives, convene and facilitate partner meetings, establish partner subcontracts, monitor compliance and performance, collect and report participant data, and disburse grant funds.

The SAWDB plans to engage the Santa Ana Public Library, which operates various successful youth engagement programs including BrainFuse and Universal Class.

Both programs provide online training courses along with robust support to help users master academic concepts. The library also let' s library card holders " borrow" the internet with their library card by providing youth WI- FI Hotspots, for those members of our community who do not have internet access at home. The City will work toward the expansion of these programs to engage more youth, up to age 18.

The Orange County Conservation Corps ( OCCC) is a current sub - recipient of Workforce Innovation and Opportunity (WIOA) Youth funding from the City of Santa Ana. OCCC has a long standing record of successfully operating youth workforce development programs for the City and has particularly been engaged with older ( 18+) youth experiencing multiple barriers, such as foster youth, the justice -involved, and very low-income.

Working Wardrobes is also a subrecipient of funding from the City. Based on current performance outcomes, the City plans to engage Working Wardrobes in program delivery services for this grant as well. Working Wardrobes has been working with the City to help implement programs for justice- involved people for the past two years.

They have unique expertise in engaging people prior to release from incarceration to help ease their transition to life outside.

Additionally, program design is underway with two large food banks — Community Action Partnership of OC and Second Harvest - both serve the region to have youth fellows work in distribution, warehousing and growing fresh food.

As it is the goal of the City to provide a broad, inclusive program for eligible youth, additional CBOs may be engaged if gaps in services are identified.

3. What activities will youth be working on? Please offer a brief, several sentence description of each job activity youth will be undertaking and any partners that will be involved in running that opportunity.

The Santa Ana WORK Center, will provide paid summer work experiences as recreational leaders, community center attendants, and other support staff to restore EXHIBIT 1

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DocuSign Envelope ID: D9400988- 4C42- 408F- ABFD- 5AC4CB5A4BCF and reinvigorateCommunity Services programmingat parks, community centers, libraries, and family resource centers. This effort is related to post -pandemic recovery.

Santa Ana Public Library will provide online support for the provision of online career exploration including the expansion of the 4 youth WI- FI hotspot program. The second project will engage youth in researchingand documenting pandemicrecovery efforts throughout the city, including City -led efforts to rejuvenate the local economy and stabilize its residents living conditions, providing a street -level view of successes and challenges. Using mixed media and particularly video production, participants will create a public service message sharing the results of their research.

Youth participating with the OCCC will engage in multiple projects related to both food insecurity and climate resilience. While addressing food insecurity youth will load and unload trucks, package boxes of food, deliver to community pantries, and assist community partners with labor support at drive -up distribution events ( traffic control, set-up logistics, and data collection). While addressing climate resilience youth will clear fire fuels from public spaces, remove debris from waterways, remove non- native/invasive trees/ plants, install native plants and perform other erosion control measures. Much of the climate resilience work will be at the direction of the Orange County Conservation Corps and performed at public parks, trails and wetlands.

Working Wardrobes will coordinate with the County of Orange, OC Sheriff's Department provide a workforce readiness program that includes pre- release services. This program will offer support and workforce readiness services for participants pre-release as well as post - release.

4. What is the proposed start date for programming?
The proposed start date for programming is March 1, 2022. The Santa Ana City Council must approve new and/ or expanded contracts prior to program implementation therefore the start date may be adjusted as necessary.

Section 3: Youth Recruitment/ Development

1. How will the city recruit youth?
The City and its CBO partners have established networks that will be relied upon to disseminate program information. For example, the Youth Services Provider Network through the WORK Center holds meetings on a monthly basis, which brings together community serving organizations who have a youth focus.

The City will also use various media resources including issuance of periodic news releases through its Public Information Officer; posting of electronic program announcements/flyers to social media including Facebook, Twitter, and Instagram and program information on the City's website.

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DocuSlgn Envelope ID: D9400988- 4C42- 408F-A8FD- 8AC4C85A48CF Other outreach strategies will include social media, public service announcements, posting physical program announcements/ flyers at all Santa Ana library branches, recreation centers, community and family resource centers, high school and college career counseling centers, and other high -traffic public spaces, distributing e- program announcements to utilities customers and housing voucher recipients; and delivering presentations to probation officers, social services agencies, guidance counselors, and other local youth -serving entities.

2. If you would like to propose your own priority criteria for participants in this program for California Volunteers approval, please do so in this section.

N/ A

3. What wrap around services, if any, is the city or subgrantee planning on offering to youth?
The City, through its subgrantees, will provide career counseling, career exploration, case management, supportive services ( transportation, gas cards, clothing, and assistance in locating child care), linkages with alternative secondary education and adult continuing education, and other appropriate referrals.

4. What wage will youth be paid, if known? What length of time do you anticipate the youth serving?
Youth will be paid $15 dollars for work performed. If a particular assignment exceeds entry level skill sets and proficiency that will be considered and may result in a higher hourly wage. There will be a year- round and a summer track. Year- round assignments will last from 6- 12 months while summer assignments will be from 8- 10 weeks long.

Section 4: Metrics/ Outcomes

1. Can the city provide the required metrics listed above to CaliforniaVolunteers? Yes, the baseline metrics are similar to those already captured and recorded for other workforce development programs. However, the additional metrics related to participant outcomes and satisfaction 12 months after program completion will be very challenging as youth participants are very hard to locate and/or unwilling to respond to inquiries/ surveys.

2. If not, please indicate which metrics the city is unable to provide.

The following three metrics will prove challenging and we request that they be waived:

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DocuSign Envelope ID: D94009884C42- 408F- ASFD- 5AC4CB5A4BCF Percentage of youth who report job satisfaction after one year of employment, as reported by a survey.

Percentage of youth who report an interest in a career in public service after one year of employment, as measured by a survey.

Percentage of youth employed in public service after one year of employment.

Are there other metrics you will be collecting to determine success of program? If so, please indicate which metrics.

No.

Section 5: Budget/ Staffing/ Communications

1. What is your proposed staffing plan for the program for the city and/ or any subgrantees?
The subcontracted teams consist of program managers and specialists ( outreach, intake, and eligibility technicians, case managers, and job developers), crew/field supervisors, and project managers. These teams will manage the day- to-day aspects of the program, including as their titles suggest, recruiting participants, ensuring their eligibility, orienting them to the program, assigning them to a work crew, supervising their work/ activity, providing them with appropriate wraparound services or referrals and documenting services delivered.

Project SAY is staffed by City of Santa Ana employees who will supervise and direct youth placements at their respective worksites.

City of Santa Ana WDB/ WORK Center staff will provide administrative support including fiscal and programmatic oversight, compliance review, and tracking and reporting participant progress/ outcomes.

Does your city commit to using CaliforniaVolunteers developed branding for this program and participating in CaliforniaVolunteers- organized train ings/curriculum, if asked?
Yes.

3. Are you interested in participating in a program launch media event with CaliforniaVolunteers?
Yes.

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Docu5lgn Envelope ID: D9400988- 4C42408F- A8FD- 5AC4CB5A4BCF City of Santa Ana
JP1012
Budget Detail Exhibit B
lAdih( ij5tfalfori jMist ,NotEzoeed, l0% of Totc(1'Awdrd) Items Description Calculation Total Budges Allocation Cross Check Administrative Costs IStaffing, rent, computer lease 449, 751. 40 Total I 449, 751. 40 10. 0%
II', CplifgniansFo` rAlI9„„6irth W4rkt8ree, Fe116Js Wage ; Requested Hourly Salary of Hours Total Budget
150 15. 00 160 360, 000. 00
140 15.00 560 1, 176, 000, 00
Total I 1 1 $ 1,536, 000.00
111.00 Fellow, OThej- YelloW.Costs.

Items Description Calculation Total Budget
FICA for Fellows 254, 736. 00 254, 736. 00
Worker' s Compensation 467, 712. 00 467, 712. 00
Total 722, 448. 00
IV, Ffbg(,dni Wr6p,-Around Services,%NO,t-to Exceed40%of Total AwgrdJ ' Items Description Calculation Total Budget Allocation Cross Check Case Management, Supportive
Services including uniforms,
Sub - Contract tools etc 1,789, 314. 60
Total 1,789,374. 60 39. 8%
Total Budget Request $ 4,497,514.00
Total It of Fellows ... 290
list of`P,.'6if3ers
Partner Status ( Proposed or Secured) Contractual Amount City of Santa Ana Secured 449, 752. 60
Orange County CC Secured 447, 328. 00
Working Wardrobes Secured 447, 328. 00
CAPOC Proposed 222, 453. 00
Second Harvest Proposed 222, 453. 00
Total 1, 789, 314. 60
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DocuSign Envelope ID: D9400988- 4C42- 408F-A8FD- 5AC4CB5A4BCF City of Santa Ana
Agreement # JP1012

EXHIBIT B
Budget Payment Provisions
California Volunteers,
CaliforniansForAll Youth Workforce Development Program
and City of Santa Ana

BUDGET PAYMENT PROVISIONS
Invoicing and Payment
a) For services satisfactorily rendered, and upon receipt and approval of the invoices, the State agrees to compensate the Contractor for actual expenditures incurred in accordance with the rates specified herein, which is attached hereto and made a part of this Agreement.
b) Invoices shall include the Agreement Number and shall be submitted via PDF to fiscal@cv. ca. gov.

2. Budget Contingency Clause
a) It is mutually agreed that if the Budget Act of the current year and/ or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement.
b) If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount.

3. Prompt Payment Clause
Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.

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Santa Ana City CouncilSeptember 6, 2022

Santa Ana City Council
September 6, 2022