2 9
8 0
Municipal Code, the City Engineer shall approve or disapprove this map within 10 days after the City Council meeting of October 4, 2022.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. Tentative Parcel Map
2. Final Parcel Map
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council
7 –
2 10/4/2022
TENTATIVE PARCEL MAP NO. 2018-188
TENTATIVE PARCEL MAP NO. 2018-188IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA 1 inch = ft.GRAPHIC SCALE0240'180' 30'60120'60' N
VICINITY MAPNTSN
55 E. DYER ROADE. ALTON AVENUE
S. STANDARDAVENUE
OAK STREET
MAIN STREETE. COLUMBINE AVENUEW. MACARTHURBOULEVARD
ALTON PARKWAY
DAIMLERSTREET
E. DEEREAVENUE
MCGAW AVENUE
S. KILSON DRIVES. HALLADAYSTREETPULLMANSTREET
E. GARRYAVENUEDURYEAAVENUE
OWNERSURVEYOR
JOB NO: DATE: REVISION #: CHECKED: DATE: DATE:
OF NO. DESCRIPTION BY DATE CHK DRAWN:
REVISIONSNO. DESCRIPTION BY DATE CHK 701 N. Parkcenter DriveSanta Ana, CA 92705p: 714/560/8200 f: 714/560/8211www.tait.comSince 1964Los AngelesOntarioSacramentoSan DiegoSan FranciscoBoiseDallasDenverPhoenixPortland 701 N. Parkcenter DriveSanta Ana, CA 92705p: 714/560/8200 f: 714/560/8211www.tait.comSince 1964Los AngelesOntarioSacramentoSan DiegoSan FranciscoBoiseDallasDenverPhoenixPortlandSHEA DYER BUSINESS PARK640, 642, 650, 652, 660, 662 DYER ROAD, 2906 TECH CENTER DRIVE, 705, 709 ALTON AVENUESANTA ANA, CA 92705DYER BUSINESS PARK, LLC.130 VANTIS DR #200ALISO VIEJO, CA 92656 ACREAGE OF TOTAL SUBDIVISION:25.5 ± ACRES
LEGAL DESCRIPTION:
ZONING
PAR. AREAPARCELIMPROVEMENT PLANS
11 PROTECTIVE COVENANTS:
TAIT & ASSOCIATES, INC., FEBRUARY, 2019
EXISTING ENTITLEMENTS:NOTE: PARCEL
TYPICAL BUILDING TO PARCEL LAYOUT N.T.S.STREETS:
D Y E R R O A DCL
A L T O N A V E N U ECL
EXISTINGBUILDING
EXISTINGBUILDING
EXISTINGBUILDINGEXISTINGBUILDINGEXISTINGBUILDING
EXISTINGBUILDING
EXISTINGBUILDING
EXISTINGBUILDINGEXISTINGBUILDING
PARCEL 1
PARCEL 2PARCEL 3
PARCEL 4PARCEL 5
PARCEL 6PARCEL 7
PARCEL 8
PARCEL 9
CLS T A N D A R DA V E .
T E C H C E N T E R D R I V ECL (PRIVATE ROAD)
LOT A
LOT
A
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Public Works and Parks, Rec. & Community Svcs. Agencies www.santa-ana.org/pw
Item # 8
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 4, 2022
TOPIC: Santa Ana Zoo Goat Trail
AGENDA TITLE
Award a Construction Contract to GB Cooke, Inc., in the amount of $721,531 for the Santa Ana Zoo Goat Trail FY 2022-23 Project with an Estimated Project Delivery Cost of $881,531 (Project No. 21-2744) (Non-General Fund)
RECOMMENDED ACTION
1. Award a construction contract to GB Cooke, Inc., a responsive bidder, in accordance with the base bid in the amount of $721,531, for construction of the Santa Ana Zoo Goat Trail for the term beginning October 4, 2022 and ending upon project completion, and authorize the City Manager to execute the contract subject to non- substantive changes approved by the City Manager and the City Attorney.
2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $881,531, which includes $721,531 for the construction contract, $80,000 for contract administration, inspection and testing, and $80,000 project contingency for unanticipated or unforeseen work.
3. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to include the Santa Ana Zoo Goat Trail project.
DISCUSSION
On June 21, 2022, the City Council awarded a contract to Harrison Building, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $400,000 for the construction of the Santa Ana Zoo Goat Trail project (Exhibit 1). Harrison Building, Inc. submitted all of the required bidding documents for the project award. However, due to the bid spread between Harrison Building, Inc. and the second lowest bidder, GB Cooke, Inc.; Harrison Building, Inc. was unable to secure their performance bond and payment bond. Therefore, in compliance with the City of Santa Ana Contract Documents, the contract award with Harrison Building has been rescinded. Staff recommends awarding the contract to GB Cooke, Inc.
City Council
8 –
1 10/4/2022
Award Construction Contract to GB Cooke, Inc.
October 4, 2022
2 9
8 3
Public Outreach and Contractor Participation
To provide an opportunity for local vendors to submit bids, the City notified a total of 27 regional vendors via PlanetBids, many of which are Santa Ana based. Three vendors requested bidding documents, and a total of three bids were received. Bids were not received from any Santa Ana contractors.
As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on March 24 and March 31, of 2022. The project was also advertised in PlanetBids from March 22, 2022 through April 12, 2022. Bids were received electronically via PlanetBids on April 12, 2022.
Bid Results Summary
RANK BIDDER’S NAME LOCATION BASE BID
1 Harrison Building, Inc. Newport Beach Unable to Perform 2 G.B. Cooke, Inc. Fullerton $ 721,531
3 C.S. Legacy Construction, Inc. Walnut $ 1,015,985
A total of three bids were received. GB Cooke, Inc. submitted a responsive base bid in the amount of $721,531 (Exhibit 2). As specified in the bid documents, the lowest bid shall be determined on the basis of the Base Bid. Based on the circumstances outlined above and a contractor’s reference check, staff recommends awarding the construction contract to GB Cooke, Inc., in the amount of the base bid totaling $721,531 (Exhibit 3).
Recently, GB Cooke, Inc. has worked on one project for the City of Santa Ana, which is the Santa Ana Zoo Giant River Otter & Primate Trails, where they performed rough carpentry. GB Cooke, Inc. has performed satisfactory work and staff recommends awarding the contract to GB Cooke, Inc.
Project Delivery
To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions.
Construction administration and inspection includes the following: construction management; implementation of the City’s Community Workforce Agreement requirements; inspection of the Contractor’s work to ensure contract compliance, workmanship, and quality; and materials testing. As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $881,531.
City Council
8 –
2 10/4/2022
Award Construction Contract to GB Cooke, Inc.
October 4, 2022
2 9
8 3
Project Item Total
Construction Contract $721,531
Construction Administration, Inspection, Testing $80,000 Contingencies $80,000
TOTAL CONSTRUCTION DELIVERY COST $881,531
Approval of the amendment to the FY 2022-23 Capital Improvement Program (Exhibit 5) will officially incorporate the additional funding for the project into the CIP program.
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2022-31 was filed for the project.
FISCAL IMPACT
As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $881,531, which includes construction, contract administration, inspection, testing, and an authorized contingency.
The following table summarizes the funds budgeted and available for expenditure to deliver construction of this project.
Fiscal Year
Accounting Unit -
Account No.
(Project No.)
Fund
Description
Accounting Unit - Account
No. Description Amount
2022-23 01213020-66220
(21-2744)
Cannabis
Public
Benefit Fund
PRCSA Youth Services-
Improvements Other
Than Building
$701,531
2022-23 02213200-66220
(21-2744)
PRCSA-
Fees and
Donations
Fund
PRCSA-Fees and
Donations- Improvements
Other Than Building
$180,000
Total $881,531
City Council
8 –
3 10/4/2022
Award Construction Contract to GB Cooke, Inc.
October 4, 2022
2 9
8 3
EXHIBIT(S)
1. Location Map
2. Bid Proposal
3. Construction Contract
4. Cost Analysis
5. CIP Worksheet
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency and Hawk Scott, Executive Director - Parks, Recreation and Community Services Agency Approved By: Kristine Ridge, City Manager
City Council
8 –
4 10/4/2022
PWA
SANTA ANA
PUBLIC WORKS AGENCY
PAGE 1 OF 1
SANTA ANA ZOO GOAT TRAIL
PROJECT 21-2744
City Council
8 –
5 10/4/2022
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.:21-2744
SANTA ANA ZOO GOAT TRAIL
BID PROPOSAL
TO: CITY COIINCIL OF THE CITY OF SANTA ANA
FROM: G.B. Cooke, Inc.
REQUIREMENT:
The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule:
rorAl BASE BrD
I
t 4Zl . S 7l .,
The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add-alternate bid items (if any). x The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25o " limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. t This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications.
TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within number (100) working da)zs after the commencement date stated in the Notice to Proceed.
The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $820 per calendar day.
Item Description Qty Unit Unit Price Amount
1 Santa Ana Zoo Goat Trail Project
Manual
1 LS $UaS.g
tl
$
635 qrl
2 Tractor Eiement 1 LS *+o,b?o *
+o ,bzo
3 Construction Permit 1 LS $ 15,000 $^t5 ,ooo
P-6 of P-22
City Council
8 –
6 10/4/2022
CITY OF'SANTA ANA
PROPOSAL
PROJECT NO;21-2744
AZOO GOAT TRAIL
Name of Firm
Signature of BIDDER Bradley G. Cooke
Title President, Secretary, Treasurer & Manager
(If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of cotporation, and names of President, Secretary, Treasurer and Manager, thereof.) P-7 ofP-22
City Council
8 –
7 10/4/2022
CITY OF'SANTA ANA
PROPOSAL
PROJECT NO.:21-2744
SANTA ANA ZOO GOAT TRAIL
BIDDER'S STATEMENT
BIDDER understands and agrees that this Bid Proposal, Corrtract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto.
BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be retumed to the undersigned.
BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid.
In accordance with Section 7028.15 of the Califomia Business and Professions Code, the undersigned certifies under penalpy6tr$"fty that the foregoing is true and correct.
Name of Firm G.B. Cooke
Signature of BIDDER Bradley G. Cooke
Title President, Secretary, Treasurer & Manager
(If an individual, so state. If a firm or co-parfilership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) P-8 of P-22
City Council
8 –
8 10/4/2022
CITY OF'SANTA ANA
PROPOSAL
PROJECT NO.:21-2744
SANTA ANA ZOO GOAT TRAIL
CONTRACTOR' S LICENSING AND REGISTRATION STATEMENT
The undersigned contractor, or corporate officer, declares under penalty of perjury that helshe and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct.
Contractor'S Name: G.B. Cooke, lnC.
Business Address: 660 S. State College Blvd. Fullerton, CA 92831 Business E-Mail Address: [email protected]
Telephone: (626) 969-8736
State Contractor's License No. and Class: 366159 A & B
LicenseExpirationDate: 1113012022
State Dept. of Industrial Relations (DIR)
Registration No.: 1 00001 3328
State Dept. of (DrR)
0613012022Registration
Signed:
,J
Title: President, Secretary, Treasurer & Manager
G. Cooke
P-9 of P-22
City Council
8 –
9 10/4/2022
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 2l-2144
SANTA ANA ZOO GOAT TRAIL
PREVAILING WAGE COMPLiANCE AND MONITORING STATE,MENT
Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq,, ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public wotks" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as deflned by the Prevailing Wage Laws, and since the total compensation is $ 1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws,
City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the seruices available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site.
Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
The undersigned cerlifies that the g is true and correct.
Name of Firm
Signature of BIDDER Bradle G. Cooke
Title President, Secretary, Treasurer & Manager
(if an individual, so state)
P-10 ofP-22
City Council
8 –
10 10/4/2022
OWNERSHIP AFFIDAVIT
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OP SANTA ANA
Brad Cooke
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.:21-2744
SANTA ANA ZOO GOAT TRAIL
, being duly swom, deposes and says:
That he/she is the party making the foregoing proposal:
That he/she is a member of the co-partnership firm designated as:
and who has been and is duly vested with the authority to make and execute instruments for the co-partnership by:
who constitute the other members of the co-partnership.
That he is of:
President. Secretary and Chief Financial Officer of G. B. COOKE. INC. a corporation which is making the foregoing proposal:
That he is of:
one of the parties making the folegoing proposal as a joint ventui'e, and the he/she has been and is duly vested with the authodty to execute instrurnents for an on behalf of the palties n.raking said bid who ale:
)
) SS:
)
E INDIVIDUAL
EPARTNERSHIP
flconnonarroN
EJoINTVENTURE
genuine and not collusive or sham, and
any advantage against the City of Santa
for himself or any other person.
has not in any manner sought by
Ana or any person interested in the
Signature of Bidder
Subscribed and sworn to before me this day of
Signature of offrcer Administering Oath (Notary Public) 20 P-lI of P-22
City Council
8 –
11 10/4/2022
notary public or other officer completing this
rtificate verifies only the identity of the individual
signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or
iditv of that document.
State of California
County ot OrCun%L
Subscribed and sworn to (or affirmed) before me onJhis 1p Jrv Li , zb zz , ov g"
^rn
l..t A. &?''f,
proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
IH=.-frmil
if?*#)-'i:?"?::
iW,trid'sgr*.t
(Seal) Signature
City Council
8 –
12 10/4/2022
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.:21-2744
SANTA ANA ZOO GOAT TRAIL
BID BOND
KNOW ALL PRESENT that,
G. B. Cooke. lnc.
Travelers Casualtv and Suretv Comoanv of America
, as BIDDER, and
, AS SURETY,
are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of -Ten percent of the totat amount of the bid Dollars ($ to.z. ), which is ten percent (10%) of the total amount bid by BIDDER to AGENCY for the above-stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents.
TIIE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above-stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, othenrise it shall remain in full force and effect in favor of AGENCY.
IN WruNESS WIfiREOF the parties hereto have set their names, titles, hands, and seal this _-5th- day ,20-n
BID
909612-3654
pp,
Ranoh, CA 92694 949-393-0740
Subscribed and sworn to before me this _ day of
Signature:
Notary Public in and for the County of State of
* Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative.
SURETYX
P-12 ofP-22
,20-.
City Council
8 –
13 10/4/2022
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
of that document.
State of California
County of Oranoe )
On April5,2022 before me,
(insert name and title of the officer)
personally appeared Douqlas A. Rapp
who proved to me on the basis of satisfactory evidenoe to be the person(r) whose name(c) isln subscribed to the within instrument and acknowledged to me that he/r*y executed the same in his/Iurlhlii authorized capaci$fih), and that by his/lrrffisignature(c) on the instrument the person(;), or the entity upon behalf of whlch the person(r) acted, executed the instrument.
I certify under PENALW OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature \*\t*r,.ro =\' '*-^J^r^l (Seal)
n7
U,N
DEBRA SWANSON
\ coMM. # 2335630
il uomnv puattc'cALlFoRNlA
I onRruoecouNTY
MY C oMM, EXn N0_V,1jA0?.1
City Council
8 –
14 10/4/2022
TRAVELE
,-.
RSJ
Travelers Casualty and Surety Company of America
Travelers Casualty and Surety Company
St. Paul Fire and Marine Insurance Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St.
Paul Fire and Marine lnsurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Douglas A Rapp of LADERA RANGH Galifornia , their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
lN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 17th day of January, 20,19.
(#@ffi
State of Connecticut
City of Hartford ss.
On this the 17th day of January, 2019, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine lnsurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer.
lN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission expires the 30th day of June, 2021
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine lnsurance Company, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her cerlificate or their ce(ificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certilied by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. l, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine lnsurance Company, do hereby certiry that the above and foregoing is a true and correct copy of the Power of Attorney executed by.sqld Cgmpanies, which remains in full force and effect.
By:
Anna P. Nowik, Notary Public
Dated this sth _ day of Apiil , 2022
tr#@ffi
To verify the authenticity of this Power of Attorney, please call us at 7-8OO-427-388O.
Please refer to the above-named Attorney-in-Fact and the details of the bond to which this Power of Attorney is attached,
City Council
8 –
15 10/4/2022
notary public or other officer completing this
ificate verifies only the identity of the individual
who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of (\vAn*
Subscribed and sworn to (or atfirmed) before me on this $* day of 0,0v\' \ ,2iJ 22 , nv Bt -a I Ul A. LOOE-
proved to me on the basis of satisfactory evidence to be the person(s)who appeared before me.
ffi
(Seal) ,,n nu,rr,"\-U,Urf. lt -Srr...*-
City Council
8 –
16 10/4/2022
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.:21-2744
SANTA ANA ZOO GOAT TRAIL
LIST OF SUB-CONTRACTORS
Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount:
o Streets, highways including bridge projects: %o/o of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: %% of thebid
Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Depaftment of Industrial Relations (DIR).
BIDDER prdposes to subcontract certain portions of the work to the firms listed below:
Name Moran Consulting Name
License #lBxp.
DIR Reg. #lBxp.
Location
Phone
93769/23 License #lExp.
DIR Reg. #lExp.
Location
Phone
1000018029 6/22
Long Beach
562.340.4670
Type Of Work Surveying
Amount $
Name
10,000
License #lBxp.
DIR Reg. #lBxp.
Type Of Work
Amount $
Name
License #lBxp.
DIR Reg. #lBxp.
License #License #
Location
Phone
Monterey Park
Type Of Work
Amount $
Location
Phone
Name
Location
Phone
626.766.194s
Type Of Work
Amount $
Paint
1_5,005
Name Sierra Landscape
License #lBxp.
DIR Reg. #lBxp.
514938 3123 License #lBxp.
DIR Reg. #lExp.
License #
10000044ss 6/22
License #
Location
Phone
Arcadia
626.447.5260
Type Of Work
Amount $
The Blakelv Co.
1952L51,L/23
Signature of Bidder
P-13 of P-22
L000010520
City Council
8 –
17 10/4/2022
CITY OF'SANTA ANA
PROPOSAL
PROJECT NO:21-2744
SANTA ANA ZOO GOAT TRAIL
REFERENCES
The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years.
1. Los Anoeles Countv Public Works 900 South Fremont Ave, Alhanibra, CA 91803 Name and Address of Owner.
Ali Dana (626) 458-31 10
$1 ,138,654.00 Ocean Outlet lnstallation March 26,2021
Contract Amount Type of Work Date Completed
2. OC Public Works / OC Construction 1152E. Fruit St. Santa Ana CA 92701 Name and Address of owner' Kevin Tran (714) 647-g934
Name and Telephone Number of person familiar with project. $727,618.35 Pedestrian Bridge Replacement March 13,2020 Contract Amount Type of Work
3. San Gabriel Water Committee 729 N Azusa Ave. Azusa CA 91702 Date Completed
Name andAddress of owner.
Donald Berry (626)81 5-001 B
Name and Telephone Number of person familiar with project. $1,207,952.51 Water Gate Structures September 30, 2019
Contract Amount Type of Work Date Completed
The following are the names, addresses, and telephone numbers of all brokers and sureties fiom whom BIDDER intends to procure insurance and bonds.
Rapp Surety & lns. Services, lnc. Timothy D. Rapp 999 Corporate Dr. Ste'100 Ladera Ranch, CA 92694 (949)393-0740 The Wooditch Co. Mark Ramirez One Park Plaza, Ste 400 lrvine, CA92614 (949) 553-9800 P-14 ofP-22
City Council
8 –
18 10/4/2022
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.:21-2744
SANTA ANA ZOO GOAT TRAIL
ADDITIONAL REFERENCES
The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed similar work in the past five years.
1. City of Rancho Palos Verdes 30940 Hawthorne BIvd. RPV C490275 Name andAddress of Owner.
Charles Eder 31 0-544-5282
Name and Telephone Number of person familiar with project. $2,017 ,747 .00 Storm Drain Repair June 15, 2018
Contract Amount Type of Work Date Completed
2. LACPW 1100 N. Eastern Ave Rm G115 Los Anqeles CA 90063 Name and Address of owner.
Peter Genov (323) 267-2297
Name and Telephone Number of person familiar with project. $526,075.50 Rubber Dam Replacement December 15,2017
Contract Amount Type of Work
3. City of Long Beach 333 W. Ocean Blvd. Long Beach, CA 90802 Date Completed
Name and Address of owner.
Derry MacMahon (323) 260-4703
Name and Telephone Number of person familiar with project. $2,260,493.94 Low Flow Diversion Svstems November 27,2017 Contract Amount Type of Work Date Completed
The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds.
Rapp Surety & lns. Services, lnc. Timothy D. Rapp 999 Corporate Dr. Ste 100 Ladera Ranch, CA 92694 (949) 393-0740 The Wooditch Co. Mark Ramirez One ParkPlaza, Ste 400 lrvine, CA92614 (949) 553-9800 P-15 of P-22
City Council
8 –
19 10/4/2022
CITY OF'SANTA ANA
PROPOSAL
PROJECT NO.:21-2744
SANTA ANA ZOO GOAT TRAIL
NON-COLLUSION AFFIDAVIT
(Title 23 United States Code Section ll2 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Secti on ll2 and Public Contract Code 7 106 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 soliiited 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 other 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.
Non-collusion Affidavit is part of the Proposal. BIDDERS are a false certification may subject the certifier to criminal Signed
State of California
County of
Subscribed and swom to (or affirmed) before
proved to me on
day of _, 20_, by
of satisfactory evidence to be the
me on this
the basis
person(s) who appeared before me
Notary Public Signature Notary Public Seal
P-1,6 of P-22
Note:
City Council
8 –
20 10/4/2022
notary public or other officer completing this
certificate verifies only the identity of the individual signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or
validitv of that document.
State of California
County of ()vctn olL
Subscribed and sworn to (or affirmed) before me-on
day of &pr-' \ , 20 22 , by
proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
GINA IYN SMITH
Notary Public - Callfornla
San Bernardlno County
Commissfon i 2251232
Comm, Expires Aug 23, 2022
(Seal) Signature.
City Council
8 –
21 10/4/2022
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 2l-2144
SANTA ANA ZOO GOAT TRAIL
NON.DISCRIMINATION CERTIFICATE
The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows:
1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, 01'national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.
3. The Contractor shall send to each labor union or repl'esentative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be plovided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
4. The Contractor 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 Contractor 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 Contractor'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 Contractor may be declared ineligible for firrther 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 irnposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law.
P-17 ofP-22
City Council
8 –
22 10/4/2022
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.:21-2744
SANTA ANA ZOO GOAT TRAIL
1 . The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of Septemb er 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 Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States.
8. Pursuant to Califomia Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the emplo5rment of persons upon public works condition,
contractor
' sex of such persons, except as provided in Section 1420, ard any violating this Section is subject to all the penalties imposed for a violation
Signed:
Title:
Firm:
Date:
G.B. Cooke, lnc.
April 12,2022
President
P-18 of P-22
because of igirus creed, color, national origin, ancestry, physical handicaps, mental
City Council
8 –
23 10/4/2022
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.:21-2744
SANTA ANA ZOO GOAT TRAIL
STATEMENT REGARDING APPRENTICESHIP REOUIREMENTS
The undersigned BIDDER is familiar with the requirements of Section 1777 .5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall:
1. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected.
2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards.
3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on lp;work, in the same amount or upon the same basis and in the sarne manner as
pay a like
, except contractors not signatory to the trust agreement shall ifomia Apprenticeship Council.
Signed:
Title:
Firm:
Date:
President
G.B. Cooke, lnc.
April 12,2022
P-19 of P-22
City Council
8 –
24 10/4/2022
CTTY OF'SANTA ANA
PROPOSAL
PROJECT NO.: 2l -2744
SANTA ANA ZOO GOAT TRAIL
STATEMENT REGARDING "ANTI-KICKBACK" REOUIREMENTS
The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti-Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcon shall be prohibited from inducing, by any means, any person employed in the ir of public work, to give up any part of the compensation to which he/she is
Signed:
Title:
Firm:
Date:
President
G.B. Cooke Inc.
April 12,2022
P-20 ofP-22
City Council
8 –
25 10/4/2022
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.:21-2744
SANTA ANA ZOO GOAT TRAIL
PUBLIC CONTRACT CODE SECTION 10162 OUESTIONNAIRE
In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire:
Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation?
Yes No,
If the answer is yes, explain the circumstances in the following space.
P-21 of P-22
City Council
8 –
26 10/4/2022
CTTY OF'SANTA ANA
PROPOSAL
PROJECT NO.:21-2744
SANTA ANA ZOO GOAT TRAIL
STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT (CWA)
REOUIREMENTS
This is to certify that the undersigned BIDDER, and subcontractors, have read and understood the CWA entered into by and between the City of Santa Ana, the Los Angeles/Orange Counties Building and Construction Trades Council, and the signatory Craft Councils and Local Unions, effective as of September 1, 2017 . The CWA is available at:
http ://www. santa-ana. org/pwa/documents/CWA.pdf
The undersigned BIDDER hereby agrees to comply with all terms and conditions of the CWA, and is capable of completing construction of the project continuously, and without intemrptions or delays. If awarded any work covered by the CWA, BIDDER will also be required to sign the Letter of Assent that appears as Attachment A to the CWA.
The undersi has reviewed the Public Works Construction Permit and required deposit descri and the Notice of Inviting Bids.
Signed:
Title:
Firm:
Date:
President
G.B. Cooke, lnc.
April 12,2022
P-22 of P-22
City Council
8 –
27 10/4/2022
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 21-2744 Santa Ana Zoo Goat Trail
1 of 3
This CONSTRUCTION CONTRACT is made and entered into this 4th day of October, 2022 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under GB Cooke, Inc., (hereinafter
WITNESSETH:
The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows:
1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Santa Ana Zoo Goat Trail Contracts Documents prepared by the
2. Standard Specifications for Public Works Construction and which include the following:
Notice Inviting Bids
Information to Bidders
Bid Proposal
Bid Bond
Contract Form
Contract Bonds
General Provisions
Special Provisions
Technical Provisions and Project Plans
Community Workforce Agreement
Appendices
In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction.
3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Seven Hundred Twenty One Thousand Five Hundred and Thirty One Dollars and No Cents ($721,531.00), as set forth and identified in the BID PROPOSAL, which
The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable.
City Council
8 –
28 10/4/2022
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 21-2744 Santa Ana Zoo Goat Trail
2 of 3
4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in
commencing construction within the timeframe therein specified after issuance of a Notice to Proceed.
5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law.
6. (CWA), a pre-hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF
website at:
http://www.santa-ana.org/pwa/documents/CWA.pdf
7. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY.
8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price.
9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and CITY.
10. INDEMNIFICATION.
To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend, indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, damage person or damage to any property, arising directly or indirectly from, or in any manner relating to, any of the following:
(i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its Subcontractors of any lower tier;
(ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier,
City Council
8 –
29 10/4/2022
City Council
8 –
30 10/4/2022
EXHIBIT 4
Construction Contract 721,531.00 $
Contract Administration, Inspection and Testing 80,000.00 $ Contingencies 80,000.00 $
TOTAL ESTIMATED CONSTRUCTION COSTS 881,531.00$
CONSTRUCTION OF PROJECT NO. 21-2744: Santa Ana Zoo Goat Trail
COST ANALYSIS
City Council
8 –
31 10/4/2022
CITY OF SANTA ANA FY
22/23
CIP
CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT DESCRIPTION:
The scope of work involves excavation, grading to improve accessibility, freestanding steel goat trail structure, new theme element at goat interaction yard, expanded animal interaction yards, new and rehabilitated landscape at area of work, trees, irrigation, relocation of existing signage, and replacement of existing and new storm drain basins to improve drainage (existing storm drain system to remain).
PROJECT NEED:
The Crean Family Farm was opened in
2004
to share Orange County's
agricultural heritage and a sensory experience of farm animal care. The Goat Trail project will align that goal with the zoo's values and mission by transforming the current visitor goat interaction yard (which keeps people to one side of a fence and farm animals on the other), and connecting people up close with animals in an experiential habitat.
Direct contact with animals builds empathy for living things, provides a unique educational experience, and encourages close observation and investigation of the natural world.
PROJECT TITLE:
Santa Ana Zoo Goat Trail
PROJECT CATEGORY:
City & Park Facility Improvements
Zoo Facility
LOCATION MAP
AGENCY:
DIVISION:
CONTACT:
DATE:
Parks, Rec. & Community Services
CIP Engineering
Sean Thomas, Senior Civil Engineer
22-Aug-2022
PROJECT COSTS
FY 22/23
FY 23/24
FY 24/25
FY 25/26
FY 26/27
FY 27/28
FY 28/29
Construction
321,531
-
-
-
-
-
-
TOTAL
321,531
-
-
-
-
-
-
SOURCE OF FUNDS
FY 22/23
FY 23/24
FY 24/25
FY 25/26
FY 26/27
FY 27/28
FY 28/29
PRCSA F&D
321,531
-
-
-
-
-
-
TOTAL
321,531
-
-
-
-
-
-
City Council
8 –
32 10/4/2022
Public Works Agency
www.santa-ana.org/pw
Item # 9
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 4, 2022
TOPIC: Sidewalk Concrete Repairs Project
AGENDA TITLE
Approve the Third Amendment to the Construction Contract with CJ Concrete Construction, Inc., to Increase the Contract Amount by $1,000,000 to Perform Additional Concrete Repairs through the End of Project Completion (Project No.22-6970) (General and Non-General Fund)
RECOMMENDED ACTION
1. Authorize the City Manager to approve the third amendment to the construction contract with CJ Concrete Construction, Inc., by an increase of $1,000,000, to perform additional concrete improvements through the end of project completion, for a new estimated project delivery cost of $4,700,000.
2. Approve the revised Project Cost Analysis increasing construction administration, inspection, and testing by $50,000 and the project contingencies by $950,000, for a new estimated project delivery cost of $4,700,000.
DISCUSSION
The Public Works Agency’s Maintenance Services Division is responsible for maintaining 400 miles of streets and 800 miles of sidewalks located within the City of Santa Ana. Staff evaluates the condition of damaged sidewalks, curbs, gutters, and driveways to identify uneven surfaces and cracks that may pose a risk to pedestrians. The goal is to improve safe walking accessibility for pedestrians and increase active modes of transportation, such as walking and biking. Additionally, this reduces the potential of liability claims and assists in complying with regulations set forth by the American with Disabilities Act.
Procedures to mitigate these conditions include offset grinding, temporary asphalt ramping, and removal/replacement of damaged concrete areas.
On November 16, 2021, the City Council awarded a contract to CJ Concrete Construction, Inc., for various concrete repair projects involving the repair of damaged sidewalks, curbs, gutters, driveway approaches, and curb ramps. Prioritization of work is focused on areas with the highest concentration of needed repairs (Exhibit 1). Projects have been completed or are underway in each of the City’s six wards, including the Riverview West
City Council
9 –
1 10/4/2022
Sidewalk Concrete Repair
October 4, 2022
2 9
8 5
(Ward 1), New Horizons (Ward 2), Pacific Park (Ward 2), West Floral Park (Ward 3), South Coast (Ward 4), Willard (Ward 5), Willits & Sullivan (Ward 5), Wilshire Square (Ward 6), and Madison Park (Ward 6) neighborhoods. Upcoming projects are planned for the Morning Sunwood (Ward 1), Pico-Lowell (Ward 2), Riverview (Ward 3), Valley Adams (Ward 4), Artesia-Pilar (Ward 5), and Delhi (Ward 6) neighborhoods, as well as other areas with the highest concentration of needed repairs.
On May 17, 2022, a second amendment was approved, amending the construction contract with CJ Concrete Construction, Inc. to increase the contract capacity by $2,000,000, for a new estimated project delivery cost of $3,700,000, in order to capitalize on the favorable pricing of the existing contract and complete these concrete repair projects promptly. CJ Concrete Construction, Inc. has demonstrated a high level of professionalism and commitment to quality work as part of this contract.
As the project has continued, unforeseen higher volume of concrete repairs have been identified within the programmed neighborhoods. In order to complete these concrete repairs promptly and capitalize on the favorable pricing of the existing contract, staff recommends amending the construction contract with CJ Concrete Construction, Inc. to increase the contract capacity by $1,000,000, for a new estimated project delivery cost of $4,700,000. Any remaining funds will be used to continue sidewalk repairs in other areas of need.
CJ Concrete Construction’s history of performing quality work for the City dates back to 2010 and includes an Omnibus project (Project 10-6716), the Thornton Park Water Main Improvements project (Project 15-6448), and most recently, in 2022, on-going sidewalk improvements in City neighborhoods.
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2021-99 was filed for the project.
FISCAL IMPACT
Funds in the amount of $1,200,000 were approved and appropriated in FY 2021-22. Of that, $594,210.50 has already been expended leaving a balance of $605,789.50 available for additional concrete improvements.
On January 18, 2022, during the General Fund First Quarter Budget Update presentation, City Council authorized one-time funding of $500,000 for FY 2021-22 to complete additional concrete repair projects and improve service levels for the public. On February 1, 2022, Council approved the first amendment to the construction contract to increase the contract capacity by $1,105,789.50 to utilize the unspent balance and the one-time allocation. Furthermore, on March 1, 2022, during the Mid-Year Budget Update, the City
City Council
9 –
2 10/4/2022
Sidewalk Concrete Repair
October 4, 2022
2 9
8 5
Council authorized an additional one-time appropriation of $2,000,000 for FY 2021-22 from the available Gas Tax fund balance, bringing the estimated total construction delivery cost of the project to $3,700,000.
Funds in the amount of $1,000,000 are budgeted in the Fiscal Year 2022-23 Council Approved City Budget to fund additional concrete improvements. This third amendment brings the estimated total construction delivery cost of the project to $4,700,000 (Exhibit 2). Funds in the amount of $1,000,000 for the third amendment to the construction contract are budgeted and available for expenditure as shown on the table below.
Fiscal
Year
Accounting
Unit - Account
No.
(Project No.)
Fund
Description
Accounting Unit -
Account No.
Description Amount
ORIGINAL CONSTRUCTION DELIVERY COST
2021-22 02917660-66220
(22-6970)
Special Gas
Tax
Roadway
Maintenance, Contract
Services –
Professional
$594,210.50
ADDITIONAL FUNDS FOR FIRST AMENDMENT
2021-22 02917660-66220
(22-6970)
Special Gas
Tax
Roadway
Maintenance, Contract
Services- Professional
$605,789.50
2021-22 01117626-66220
(22-6970)
General
Fund
PWA Sidewalks-
Service Enhancement,
Contract Services-
Professional
$500,000.00
ADDITIONAL FUNDS FOR SECOND AMENDMENT
2021-22 02917660-66220
(22-6970)
Special Gas
Tax
Roadway
Maintenance, Contract
Services- Professional
$2,000,000.00
City Council
9 –
3 10/4/2022
Sidewalk Concrete Repair
October 4, 2022
2 9
8 5
ADDITIONAL FUNDS FOR THIS ACTION
2022-23 01117626-66220
(22-6970)
General
Fund
PWA Sidewalks-
Service Enhancement,
Contract Services-
Professional
$1,000,000.00
Total $4,700,000.00
EXHIBIT(S)
1. Location Map
2. Cost Analysis
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council
9 –
4 10/4/2022
PWA
SANTA ANA
PUBLIC WORKS AGENCY
Project No. 22-6970:
Omnibus Concrete Repairs
City Council
9 –
5 10/4/2022
COST ANALYSIS
PROJECT NO.22-6970: OMNIBUS CONCRETE REPAIRS
EXPENDITURE
CATEGORY
ORIGINAL
AMOUNT
11/16/2021
ADDITIONAL
FUNDING
2/1/2022
ADDITIONAL
FUNDING
5/17/22
ADDITIONAL
FUNDING
(This Action)
NEW TOTAL
Construction
Contract $360,183.00 $360,183.00
Construction
Administration,
Inspection, Testing
$54,027.50 $50,000 $50,000 $154,027.50
Contingencies $180,000.00 $1,105,789.50 $1,950,000 $950,000 $4,185,789.50 Total $594,210.50 $1, 105,789.50 $2,000,000 $1,000,000 $4,700,000.00
City Council
9 –
6 10/4/2022
Public Works Agency
www.santa-ana.org/pw
Item # 10
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 4, 2022
TOPIC: Blanket Order Contract Award for Water Meters and Related Miscellaneous Supplies
AGENDA TITLE
Award a Blanket Order Contract to Aqua-Metric Sales Company for Water Meters and Related Supplies in an Annual Amount Not to Exceed $500,000 (Specification No. 22- 131) (Non-General Fund)
RECOMMENDED ACTION
Award a blanket order contract to Aqua-Metric Sales Company for water meters and supplies for an annual amount not to exceed $500,000, for a one-year term beginning October 4, 2022 and expiring October 3, 2023, with four one-year renewal options, subject to non-substantive changes approved by the City Manager and the City Attorney.
DISCUSSION
The Public Works Agency’s Water Resources Division provides potable water to approximately 46,000 customer accounts, which includes all of the City’s businesses, institutions, and its approximately 310,000 residents. The proposed contract award will provide City staff the ability to purchase Sensus USA water meters and associated supplies. As new customer accounts are added or replacement meters are needed, City crews need the ability to install hardware that is compatible with the automated metering infrastructure (AMI) system currently being deployed.
Aqua-Metric Sales Company is the sole distributor for the Sensus USA products, parts and services in the State of California. As a result, staff recommends Council approval of the recommended action to award a blanket order contract to Aqua-Metric Sales Company.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action.
FISCAL IMPACT
Funds in the amount of $375,000 are available in the current Fiscal Year 2022-23 budget and will be budgeted in future years in the Water Meter Services, Machinery & Equipment (Account No. 06017646-66400) as shown below.
City Council
10 –
1 10/4/2022
Blanket Order Contract for Water Meters
October 4, 2022
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7 9
EXHIBIT(S)
1. Price List
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 No.
Description
Amount
2022-23
(Oct-June) 06017646-66400 Water Fund
Water Meter
Services, Machinery
& Equipment
$375,000
2023-24 06017646-66400 Water Fund
Water Meter
Services, Machinery
& Equipment
$500,000
2024-25 06017646-66400 Water Fund
Water Meter
Services, Machinery
& Equipment
$500,000
Renewal Options (Two 1-Year Term)
2025-26 06017646-66400 Water Fund
Water Meter
Services, Machinery
& Equipment
$500,000
2026-27 06017646-66400 Water Fund
Water Meter
Services, Machinery
& Equipment
$500,000
2027-28
(July to Oct) 06017646-66400 Water Fund
Water Meter
Services, Machinery
& Equipment
$125,000
Total: $2,500,000
City Council
10 –
2 10/4/2022
City of Santa Ana
Kathia Reyes
Aqua-Metric Sales Company is pleased to offer you the following prices on Sensus Metering System products.
Description Price ea. Price ea. w/ tax
5/8”x 3/4” Ally $318.60 $348.07
3/4” SL Ally $318.60 $348.07
1” iPERL $153.41 $167.60
1 1/2” OMNI R2 TR/PL $349.41 $381.73
2” OMNI R2 TR/PL $412.94 $451.14
3” OMNI C2 TR/PL $1,390.02 $1,518.60
4” OMNI C2 TR/PL $2,337.88 $2,554.13
6” OMNI C2 TR/PL $4,036.66 $4,410.05
MXU 520-M SP $80.40 $87.84
Sensus Security Drive Socket $24.30 $26.55
3096 Mini Reader $591.40 $646.10
Any additional parts or products will be 25% off published list price. Prices are firm through October 31, 2023. Full freight allowed on orders of more than $20,000.00. Terms are Net 30 days. Tax not included. If modifications in meter materials or processing are required to meet new regulations, the pricing submitted is subject t immediate change. Thank you for your interest in quality products by Sensus. We appreciate your business.
EXHIBIT 1
City Council
10 –
3 10/4/2022
Public Works Agency
www.santa-ana.org/pw
Item # 11
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 4, 2022
TOPIC: Purchase of Sports Lighting with Related Supplies and Services AGENDA TITLE:
Approve Appropriation Adjustment and Award a Purchase Order in the Amount of $3,042,449 to Musco Sports Lighting, LLC, for LED Sports Lighting with Related Supplies and Services (Specification No. 22-114) (Project Nos. 22-2754, 22-2756 & 22-2769) (General and Non-General Fund)
RECOMMENDED ACTION
1. Authorize a one-time purchase order to Musco Sports Lighting, LLC for the purchase of LED sports lighting, including light-structure systems, light controls, removal and disposal of existing equipment, and installation services, for Memorial Park, Thornton Park and the Dan Young Soccer Complex (DYSC), in the amount of $3,042,449, plus a contingency of $384,751, for a total amount not to exceed $3,427,200, subject to non-substantive changes approved by the City Manager and the City Attorney.
2. Approve an Appropriate Adjustment to recognize $1,020,838 in revenue received from prior years into the Residential Development District 3, Park Acquisition & Development Fees revenue account and appropriate the same amount into the Residential Development District 3, Building improvements expenditure account (Requires five affirmative votes)
DISCUSSION
The Public Works Agency’s Parks Maintenance Division is responsible for maintaining and repairing various parks and facilities. Staff evaluated the condition of sports lighting at various athletic fields and are requesting the following improvements in order to maximize the use of these facilities.
•At Memorial and Thornton Park, the park lights are beyond their life expectancy, and replacement parts for repairs have become obsolete and difficult to obtain.
Staff recommends replacing the old fixtures, poles, conduits, and electrical cabinets with more efficient Musco LED fixtures and necessary equipment. The new system comes with a 25-year warranty, saving the City maintenance costs for many years.
City Council
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Purchase of LED Sports Lighting
October 04, 2022
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•DYSC is a popular soccer facility that is heavily utilized, especially after dusk. The light fixtures at field numbers 2, 3, and 4 are old 1500-watt Metal Halide that are not efficient and are expensive to maintain. Staff proposes to retrofit the existing lights with Musco LED fixtures that are more energy efficient and comes with a 25- year warranty, providing energy efficient lighting, and creating safer playing fields. •DYSC field number 1 is getting a new synthetic turf installed and the Parks, Recreation and Community Services Agency (PRCSA) is requesting to install sport lights to make use of the field after dusk. Staff proposes to install Musco LED sport light fixtures and equipment with a 25-year warranty.
•Remaining contingency monies will be used for betterment of lighting upgrades.
Santa Ana Ordinance No. NS-2312 authorizes the City to utilize purchase contracts for any public agency utilizing a competitive bid process. Sourcewell awarded a contract to Musco Sports Lighting, LLC (Contract No. 071619-MSL) as a result of open competitive bidding on behalf of its members, which includes government agencies. Utilizing the contract awarded to Musco Sports Lighting, LLC, allows the City to make purchases through August 27, 2023, and is in accordance with the City’s existing Purchasing Guidelines.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action.
FISCAL IMPACT
With the approval of the requested appropriation adjustment to recognize $1,020,838 in revenue received from prior years into the Residential Development District 3, Park Acquisition & Development Fees revenue account (No. 31313002-50001) and appropriate the same amount into the Residential Development District 3, Building improvements expenditure account (No. 31313260-66200), the total funding will be available in the following accounts for the full cost of $3,427,200 to deliver these projects.
Fiscal
Year
Accounting
Unit-Account #
Fund
Description
Accounting Unit,
Account
Description
Amount
Appropriation Adjustment
2022-
23 31313260-66220
(22-2769)
Acquisition &
Development-
District 3 Fund
PRCSA Youth
Services-
Improvements Other
Than Building
$1,020,838
TOTAL $1,020,838
City Council
11 –
2 10/4/2022
Purchase of LED Sports Lighting
October 04, 2022
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8 9
Fiscal
Year
Accounting
Unit-Account #
Fund
Description
Accounting Unit,
Account
Description
Amount
Existing Project Budget
2022-
23 01213020-66220
(22-2756)
Cannabis
Public Benefit
Fund
PRCSA Youth
Services-
Improvements Other
Than Building
$260,000
2022-
23 01117651-66220
(22-2756)
Parks
Maintenance
Services
Enhancement
PRCSA Youth
Services-
Improvements Other
Than Building
$400,000
2022-
23 05113263-66220
(22-2754)
Park
Improvement
Fund
PRCSA Youth
Services-
Improvements Other
Than Building
$418,200
2022-
23 01213020-66220
(22-2754)
PRCSA Youth
Services Fund
PRCSA Youth
Services-
Improvements Other
Than Building
$500,000
2022-
23 01117651-66220
(22-2754)
Parks
Maintenance
Services
Enhancement
PRCSA Youth
Services-
Improvements Other
Than Building
$584,000
2022-
23 01117651-66220
(22-2769)
Parks
Maintenance
Services
Enhancement
PRCSA Youth
Services-
Improvements Other
Than Building
$234,162
2022-
23 02213200-66220
(22-2769)
PRCSA Fee &
Donation Fund
PRCSA Youth
Services-
Improvements Other
Than Building
$10,000
TOTAL $2,406,362
GRAND TOTAL $3,427,200
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council
11 –
3 10/4/2022
Public Works Agency
www.santa-ana.org/pw
Item # 12
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 4, 2022
TOPIC: Purchase of Eighteen Ford Interceptor Utility SUVs for the Police Department
AGENDA TITLE
Approve Appropriation Adjustment and Award a Purchase Order in the Amount of $1,049,983 to National Auto Fleet Group for Eighteen Ford Interceptor Utility SUVs for the Police Department (Specification No. 22-127) (Non-General Fund)
RECOMMENDED ACTION
1. Authorize a one-time purchase and payment of purchase order to National Auto Fleet Group for the purchase of eighteen Ford Interceptor Utility SUVs, of which includes three K-9 build with rear air option, in the amount of $1,029,983, plus a contingency of $20,000, for a total amount not to exceed $1,049,983, subject to non-substantive changes approved by the City Manager and the City Attorney.
2. Approve an appropriation adjustment recognizing $1,525,024 in prior year fund balance in the Equipment Replacement Fund, Prior Year Carry Forward revenue account and appropriate the same amount into the Equipment Replacement Fund, Machinery and Equipment expenditure account for this item and anticipated FY22-23 replacement vehicle expenditures. (Requires five affirmative votes)
DISCUSSION
The Public Works Agency’s Fleet Services Division is responsible for the acquisition, maintenance, repair, and replacement of vehicles, trucks, and maintenance equipment.
The Santa Ana Police Department (SAPD) has a fleet of 245 vehicles, and 137 of these vehicles are patrol vehicles assigned to the Patrol Division and Canine Unit of the Field Operations Bureau. SAPD uses Ford Police Interceptor vehicles, similar to Ford Explorers, as the standard vehicle in Field Operations. The City's Vehicle Replacement Policy provides guidelines and criteria for determining when a vehicle needs replacement.
The Equipment Lifecycle Guidelines include the replacement of all police patrol vehicles every four years or every 80,000 miles. This recommended replacement schedule is based on the constant use and high mileage put on these vehicles, damage from any accidents, and hard driving conditions encountered by many police patrol vehicles.
These new Interceptor Utility SUVs will replace fifteen vehicles within the Patrol Division and three vehicles assigned to the Canine Unit originally purchased in 2018. In order to
City Council
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Purchase of Eighteen Ford Interceptor Utility SUVs
October 4, 2022
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8 8
maintain the safety of the patrol officers and the public, the continued use of older vehicles is not recommended.
Santa Ana Ordinance No. NS-2312 authorizes the City to utilize purchase contracts for any public agency utilizing a competitive bid process. Sourcewell (formerly National Joint Powers Alliance) awarded a contract to National Auto Fleet Group (Contract No. 091521- NAF) for procurement of Cars, Trucks, Vans, SUVs, Cab Chassis, & Other Vehicles as a result of open competitive bidding on behalf of its members, which includes government agencies. Utilizing the contract awarded to National Auto Fleet Group allows the City to make purchases through November 8, 2025, and is in accordance with the City’s existing Purchasing Guidelines.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action.
FISCAL IMPACT
With the approval of the requested appropriation adjustment, $1,525,024 will be recognized in prior year fund balance in the Equipment Replacement Fund, Prior Year Carry Forward revenue account (No. 07017002-50001) and appropriate the same amount into the Equipment Replacement Fund, Machinery and Equipment expenditure account (No. 07017100-66400). The funds will be budgeted and available for this item and other unanticipated FY 2022-23 replacement vehicle expenditures.
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 07017100 66400
Equipment
Replacement
Fund
Equipment
Replacement,
Machinery and
Equipment
$1,525,024
City Council
12 –
2 10/4/2022
Police Department
www.santa-ana.org/pd
Item # 13
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 4, 2022
TOPIC: Selective Traffic Enforcement Program Grant Funds AGENDA TITLE:
Appropriation Adjustment and Agreement Accepting $580,000 from the State Office of Traffic Safety for Selective Traffic Enforcement Program (Non-General Fund)
RECOMMENDED ACTION
1. Authorize the City Manager to execute an agreement with the State of California - Office of Traffic Safety for the Selective Traffic Enforcement Program, for a one-year period beginning October 1, 2022 through September 30, 2023, in an amount not to exceed $580,000, subject to non-substantive changes approved by the City Manager and City Attorney.
2. Approve an appropriation adjustment accepting $580,000 in the Office of Traffic Safety, Federal Grant-Indirect revenue account (no. 16514002-52001) and appropriate same to the Selective Traffic Enforcement Program expenditure account (nos. 16514414-various). (Requires five affirmative votes)
DISCUSSION
The Santa Ana Police Department has been awarded $580,000 in grant funding from the State of California, Office of Traffic Safety (OTS) under the Selective Traffic Enforcement Program (STEP). This one-year agreement covers the program period from October 1, 2022 through September 30, 2023. The goal of OTS STEP is to reduce the number of fatalities and injuries in crashes involving alcohol, drug, speed, red-light violations, distracted driving, and other primary collision factors. To accomplish these goals, the program will fund both education and enforcement activities.
The enforcement activities will follow proven “best practice” strategies and will be conducted on an overtime basis. The funded strategies will include Driving Under the Influence (DUI) checkpoints, DUI saturation patrols, as well as DUI enforcement operations in collaboration with neighboring cities to apprehend impaired drivers. The program will also concentrate on bicycle/pedestrian safety, speed violations, aggressive driving, and seat belt enforcement.
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Selective Traffic Enforcement Program Grant Funds
October 4, 2022
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The educational portion of the grant will include funding for Police Department staff to facilitate multi-media presentations at local schools in partnership with the Santa Ana Unified School District. Promotional and educational materials will be made available to support ongoing outreach programs that are already in place. This grant also includes funding to purchase bicycle helmets for distribution to community members during outreach and education events.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Approval of the appropriation adjustment will recognize $580,000 in the Office of Traffic Safety-Federal Grant-Indirect revenue account (no. 16514002-52001) and appropriate same in the Selective Traffic Enforcement Program expenditure account (nos. 16514414- various) for projected expenditures as follows:
Fiscal
Year
Accounting Unit
- Account No. Fund Description Accounting Unit,
Account Description Amount
FY 22-23
(Oct.-June)
16514414-
Various
Office of Traffic
Safety Grant
Selective Traffic
Enforcement,
Various
$440,705
FY 23-24
(July-Sept.)
16514414-
Various
Office of Traffic
Safety Grant
Selective Traffic
Enforcement,
Various
$139,295
Total $580,000
The amounts shown in each fiscal year are estimates only. Any unspent grant funds at the end of FY 2022-23 will be carried forward for expenditure in the subsequent fiscal year.
EXHIBIT
1. Grant Agreement with Office of Traffic Safety
Submitted By: David Valentin, Police Chief
Approved By: Kristine Ridge, City Manager
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State of California – Office of Traffic Safety
GRANT AGREEMENT
GRANT NUMBER
PT23066
1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)
2. NAME OF AGENCY 3. Grant Period
Santa Ana From:
To:
10/01/2022
09/30/2023 4. AGENCY UNIT TO ADMINISTER GRANT
Santa Ana Police Department
5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.
6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $580,000.00
7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
Schedule A – Problem Statement, Goals and Objectives and Method of Procedure Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable) Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable) Exhibit A – Certifications and Assurances
Exhibit B* – OTS Grant Program Manual
Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto.
These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.
We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Phil Craft
Commander
[email protected]
(714) 245-8273
60 Civic Center Plaza
PO Box 1981
Santa Ana, CA 92702
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Kristine Ridge
City Manager
[email protected]
(714) 647-5200
60 Civic Center Plaza
PO Box 1981
Santa Ana, CA 92702
(Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Alexander Trinidad
Assistant Dir of Finance and Management Svcs (MM)
[email protected]
(714) 647-5295
20 Civic Center Plaza
PO Box 1981
Santa Ana, CA 92702
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Barbara Rooney
Director
[email protected]
(916) 509-3030
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
(Signature) (Date) (Signature) (Date)
Exhibit 1
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10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED
EXPENDITURES
164AL-23.1 20.608 0521-0890-101 2021 21/21 BA/21 $400,000.00 402PT-23 20.600 0521-0890-101 2022 43/22 BA/22 $180,000.00
AGREEMENT
TOTAL $580,000.00
AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$580,000.00
PRIOR AMOUNT ENCUMBERED FOR THIS
AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $580,000.00
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu SAM #:
REGISTERED
ADDRESS:
CITY:
ZIP+4:
KZE9G2M4GRX9
20 Civic Center PLZ FL 8
Santa Ana
92701-4058
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
Attest APPROVED AS TO FORM RECOMMENDED FOR APPROVAL Clerk of the Council
TAMARA BOGOSIAN
Sr. Assistant City Attorney
DAVID VALENTIN
Chief of Police
Type text here
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule A
GRANT NUMBER
PT23066
1. PROBLEM STATEMENT
The City of Santa Ana is a dynamic and diverse city. It is the County Seat and hub within Orange County, drawing hundreds of thousands of persons in the city on a daily basis. With landmarks like Bower's Museum, Orange County School of the Arts (OCSA), California State University, Fullerton (CSUF) Grant Central Art Center, it is a popular destination for art aficionados and students. The Downtown Santa Ana Historic District has become a popular destination on weekend nights. New restaurants and bars continue to open their doors to welcome patrons. This influx of patrons has greatly increased the number of drivers in the downtown area during evening hours, many of whom have been consuming alcoholic beverages.
The City of Santa Ana is home to an estimated 322,725 residents. Within the City of Santa Ana, there are approximately 477 miles of local, arterial, and collector roadways. The City employs approximately 359 sworn Police Officers, fielded in either Patrol, Investigations, or Traffic assignments.
The Santa Ana Police Department has 22 sworn Police Officers assigned to the Traffic Division. These numbers include (2) Sergeants, (3) Corporals, and (14) Police Officers. (3) sworn Police Officers are as Crash Investigators and are not regularly fielded for the purpose of traffic enforcement. There are (13) Motor Officers assigned to the Traffic Division who are tasked with daily traffic enforcement and crash investigation.
In 2019 there were 18 fatal traffic crashes. In 2020 there were 23 fatal traffic crashes. In 2021 there were 23 fatal traffic crashes respectively. Many of these fatal traffic crashes have been the result of alcohol and/or drug-related vehicle crashes and pedestrian crashes. Injury crashes have increased from 1170 in 2020 to 1350 in 2021, a trend the department hopes ceases with continued funding for enforcement efforts. Nearly one-half of all injury traffic crashes were caused by three primary crash factors (PCFs); unsafe speed, automobile right-of-way violations, and traffic signals & signs violations.
Our city has committed itself to traffic safety. In a recently published five-year strategic plan, traffic safety was outlined to be a top priority, specifically as it relates to education and enforcement. In response, the Traffic Division has dedicated itself to participating in education programs, targeting all children and adults alike. The Traffic Division has hired personnel to focus on these efforts specifically.
Through our work in education, both grant-funded and internally funded measures, we hope to prevent the tragic consequences of unsafe drivers, pedestrians, and impaired drivers. The educational efforts, in conjunction with ardent enforcement activities, will have a positive effect on our community and make the City of Santa Ana safer for everyone.
As part of other traffic safety measures, the City of Santa Ana will focus efforts on bicycle safety intended to reduce the number of bicyclists injured or killed in traffic crashes. Bicycle safety measures taken by providing bicycle helmets and informational events for the community will reduce bike crashes and other bicycle related injuries. During the year 2021, we had three bicyclists involved in a fatal traffic crash and had a total of 106 bicyclists injured in traffic crashes. In FY2023, we hope to reduce bicycle safety threats in the city and to accomplish this we aim to do the following:
Issue and properly fit helmets, distribute reflective arm bands as available and lights to reduce the number of bicyclists riding in our community without properly fit equipment while increasing their visibility among drivers.
The ways we will distribute the equipment may include:
At a bicycle safety events generally held at Teen Centers, schools, city parks, apartment complexes, mobile home parks, PD/substation, or Community Centers. At the Police Department booth at City-wide special events (e.g., National Night Out). All of our major events have free bike parking. This is another area where staff will connect with folks who may arrive without the proper safety equipment. In cooperation with our School Resource Officers and/or Probation Officer through individual contacts as a result of another incident.
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Education and outreach efforts have been made at apartment complexes, mobile home parks, Santa Ana Unified School District Schools and Charter Schools. In addition, we coordinate and partner with agencies to provide events such as Bike to School, Walk to School, National Night Out, and various City and Police events. During these events we provide bike lights and/or reflective bracelets and bicycle/ helmet safety literature and distribute helmets.
Bicycle safety efforts have yielded the following so far, and we plan to continue these efforts:
Schools attended: 39 / Community Contacts: 8,719
City-Wide Events: 37 / Community Contacts: 9,117
Bike Rodeos: 4
Helmets Distributed: 203
Wristbands Distributed: 600
Bike Lights Distributed: 600
2. PERFORMANCE MEASURES
A. Goals:
1. Reduce the number of persons killed in traffic crashes.
2. Reduce the number of persons injured in traffic crashes.
3. Reduce the number of pedestrians killed in traffic crashes.
4. Reduce the number of pedestrians injured in traffic crashes.
5. Reduce the number of bicyclists killed in traffic crashes.
6. Reduce the number of bicyclists injured in traffic crashes.
7. Reduce the number of persons killed in alcohol-involved crashes.
8. Reduce the number of persons injured in alcohol-involved crashes.
9. Reduce the number of persons killed in drug-involved crashes.
10. Reduce the number of persons injured in drug-involved crashes.
11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.
12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.
13. Reduce the number of motorcyclists killed in traffic crashes.
14. Reduce the number of motorcyclists injured in traffic crashes.
15. Reduce hit & run fatal crashes.
16. Reduce hit & run injury crashes.
17. Reduce nighttime (2100 - 0259 hours) fatal crashes.
18. Reduce nighttime (2100 - 0259 hours) injury crashes.
B. Objectives: Target Number
1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release.
1 2. Distribute and properly fit bicycle helmets at no cost to community members in need, at bicycle rodeos, schools, workshops, and community events. 190
3. Purchase bicycle helmets. 190
4. Participate and report data (as required) in the following campaigns; Quarter 1:
National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
10 5. Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 12 6. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 4 7. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 2 City Council
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8. Send law enforcement personnel to the Drug Recognition Expert (DRE) training. 2
9. Send law enforcement personnel to the DRE Recertification training. 2
10. Send law enforcement personnel to SFST Instructor training. 1
11. Send law enforcement personnel to DRE Instructor training. 1
12. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.
9 13. Conduct DUI Saturation Patrol operation(s). 55
14. Conduct Warrant Service operation(s) targeting multiple DUI offenders who fail to appear in court.
4 15. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
63 16. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
8 17. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers. 2 18. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 12 19. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
10 20. Conduct Know Your Limit campaigns with an effort to reach members of the community.
3 21. Conduct Advanced Roadside Impaired Driving Enforcement (ARIDE) POST- certified trainings for law enforcement officers. Training consists of 16 hours of classroom training.
1 22. Conduct Standardized Field Sobriety Testing (SFST) POST-certified trainings 16 hour minimum for law enforcement officers.
1 23. Participate in highly visible collaborative DUI Enforcement operations. 5
24. Participate in highly visible collaborative Traffic Enforcement operations. 4
25. Send law enforcement personnel to DUI Checkpoint Planning and Management training.
2 26. Conduct specialized enforcement operations focusing specifically on street racing and sideshow activities.
4 3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year) The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.
All training needed to implement the program should be conducted this quarter. All grant related purchases needed to implement the program should be made this quarter. In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify the “worst of the worst” repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The Hot Sheets may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly.
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Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.
Media RequirementsIssue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS coordinator and OTS PIO.
B. Phase 2 – Program Operations (Throughout Grant Year) The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes.
Media Requirements
The following requirements are for all grant-related activities:
Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the Coordinator.
Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material.
However, copy the OTS PIO at [email protected] and your OTS coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.
If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy to your OTS Coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your Coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your Coordinator with embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email. Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at [email protected] for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.
Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid
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media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS Coordinator for approval prior to the production or duplication. Use the following standard language in all press, media, and printed materials, space permitting:
Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS Coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo. Email the OTS PIO at [email protected] and copy your OTS Coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.
If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grant- related event or program. Media and program highlights are to be reflected in QPRs. Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.
Contact the OTS PIO or your OTS Coordinator for consultation when changes from any of the above requirements might be warranted.
C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)
1. Prepare and submit invoice claims (due January 30, April 30, July 30, and October 30)
2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
Collect and report quarterly, appropriate data that supports the progress of goals and objectives. Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
Collect, analyze and report statistical data relating to the grant goals and objectives.
4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.
5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule B
GRANT NUMBER
PT23066
FUND NUMBER CATALOG
NUMBER (CFDA)
FUND DESCRIPTION TOTAL AMOUNT
164AL-23 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$400,000.00
402PT-23 20.600 State and Community Highway
Safety
$180,000.00
COST CATEGORY FUND
NUMBER
UNIT COST OR
RATE
UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164AL-23 $12,200.00 9 $109,800.00
DUI Saturation Patrols 164AL-23 $4,705.00 55 $258,775.00 Warrant Service Operations 164AL-23 $2,350.00 4 $9,400.00 Collaborative DUI Enforcement 164AL-23 $1,300.00 5 $6,500.00 Know Your Limit 164AL-23 $1,550.00 3 $4,650.00
SFST/ARIDE/DRE Instruction 164AL-23 $7,000.00 1 $7,000.00 Traffic Enforcement 402PT-23 $1,500.00 63 $94,500.00
Distracted Driving 402PT-23 $1,650.00 8 $13,200.00
Motorcycle Safety 402PT-23 $1,650.00 2 $3,300.00
Pedestrian and Bicycle Enforcement 402PT-23 $1,850.00 12 $22,200.00 Street Racing and Sideshow Enforcement
Operations
402PT-23 $3,600.00 4 $14,400.00
Collaborative Traffic Enforcement 402PT-23 $1,400.00 4 $5,600.00 Traffic Safety Education 402PT-23 $785.00 10 $7,850.00
Category Sub-Total $557,175.00
B. TRAVEL EXPENSES
In State Travel 402PT-23 $4,480.00 1 $4,480.00
$0.00
Category Sub-Total $4,480.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies 164AL-23 $3,875.00 1 $3,875.00
Bicycle Helmets 402PT-23 $8.00 190 $1,520.00
Bicycle Safety Items 402PT-23 $1,600.00 1 $1,600.00
Lidar Device 402PT-23 $2,270.00 5 $11,350.00
Category Sub-Total $18,345.00
F. INDIRECT COSTS
$0.00
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Category Sub-Total $0.00
GRANT TOTAL $580,000.00
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule B-1
GRANT NUMBER
PT23066
BUDGET NARRATIVE
PERSONNEL COSTS
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Warrant Service Operations - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Collaborative DUI Enforcement - Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel
Know Your Limit - Overtime for grant funded traffic safety presentations or campaigns conducted by appropriate department personnel.
SFST/ARIDE/DRE Instruction - Overtime for grant funded instructor training conducted by appropriate department personnel.
Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Motorcycle Safety - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Street Racing and Sideshow Enforcement Operations - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Collaborative Traffic Enforcement - Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appropriate department personnel
Traffic Safety Education - Overtime for grant funded traffic safety presentations or campaigns conducted by appropriate department personnel.
TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.
CONTRACTUAL SERVICES
-
EQUIPMENT
-
OTHER DIRECT COSTS
DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device/Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies.
Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. Each item must have a unit cost of less than $5,000 (including tax and shipping).
Bicycle Helmets - Helmets to be distributed at no cost during bicycle rodeos and other bicycle safety related events. Cost per helmet not to exceed an average price of $15, including shipping, handling and tax. More expensive helmets may be purchased if approved by OTS.
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Bicycle Safety Items - Safety items such as bicycle headlights/taillights, reflectors, and reflective arm and leg bands to be distributed at no cost during bicycle rodeos and other bicycle safety related events. Additional items may be purchased if approved by OTS.
Lidar Device - Light detection and ranging device used to measure the speed of motor vehicles. This device will be used for speed enforcement. Costs may include lidar devices, batteries, tax, and shipping.
INDIRECT COSTS
-
STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.
Nothing in this “agreement” shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Exhibit A
GRANT NUMBER
PT23066
CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS (23 U.S.C. Chapter 4; Sec. 1906, Pub. L. 109-59, As Amended By Sec. 4011, Pub. L. 114-94)
The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding.
Applicable provisions include, but are not limited to, the following:
GENERAL REQUIREMENTS
23 U.S.C. Chapter 4 – Highway Safety Act of 1966, as amended Sec. 1906, Pub. L. 109-59, as amended by Sec. 4011, Pub. L. 114-94 23 CFR part 1300 – Uniform Procedures for State Highway Safety Grant Programs 2 CFR part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
2 CFR part 1201 – Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);
Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally-funded or not);
Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38;
Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); and Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR 74087-74100).
The Subgrantee-
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Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, color, national origin, disability, sex, age, limited English proficiency, or membership in any other class protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the program is Federally-assisted; Will administer the program in a manner that reasonably ensures that any of its subrecipients, contractors, subcontractors, and consultants receiving Federal financial assistance under this program will comply with all requirements of the Non- Discrimination Authorities identified in this Assurance;
Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to comply) with all applicable provisions of law or regulation governing US DOT’s or NHTSA’s access to records, accounts, documents, information, facilities, and staff, and to cooperate and comply with any program or compliance reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination Authority;
Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising under these Non-Discrimination Authorities and this Assurance; Agrees to insert in all contracts and funding agreements with other State or private entities the following clause:
o “During the performance of this contract/funding agreement, the contractor/funding recipient agrees—
a. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time;
b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non- discrimination law or regulation, as set forth in appendix B of 49 CFR part 2l and herein; c. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; d. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding agreement, the State highway safety agency will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part; and
e. To insert this clause, including paragraphs (a) through (e), in every subcontract and subagreement and in every solicitation for a subcontract or sub-agreement, that receives Federal funds under this program.
THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:
1. The dangers of drug abuse in the workplace;
2. The grantee's policy of maintaining a drug-free workplace;
3. Any available drug counseling, rehabilitation, and employee assistance programs;
4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;
5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a); c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will –
1. Abide by the terms of the statement;
2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an
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employee or otherwise receiving actual notice of such conviction; e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted –
1. Taking appropriate personnel action against such an employee, up to and including termination;
2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.
POLITICAL ACTIVITY (HATCH ACT)
(applies to all subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.
CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The signed certifies, 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 agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions;
3. The undersigned shall require that the language of this certification be included in the award documents for all sub-award at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
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.
RESTRICTION ON STATE LOBBYING
(applies to all subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)
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Instructions for Primary Tier Participant Certification (States)
1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.
3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.
4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200.
You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.
6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.
7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/).
9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency may terminate the transaction for cause or default.
Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Tier Covered Transactions
(1) The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment
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rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.
(2) Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.
Instructions for Lower Tier Participant Certification
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200.
You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/).
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.
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Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transactions:
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
BUY AMERICA ACT
(applies to all subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.
PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.
POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.
POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company-owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re- evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.
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Police Department
www.santa-ana.org/departments/police/
Item # 14
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 4, 2022
TOPIC: Agreements for Law Enforcement Psychological Services AGENDA TITLE:
Approve Agreements with The Counseling Team International, Eric Gruver, Ph.D., and Susan Saxe-Clifford, Ph.D. for Law Enforcement Psychological Services (General Fund)
RECOMMENDED ACTION
1. Authorize the City Manager to execute an agreement with The Counseling Team International for law enforcement psychological services, in an amount not to exceed $78,000, for a three-year period beginning October 4, 2022 through September 30, 2025, with an option for two, one-year extensions, subject to non-substantive changes approved by the City Manager and City Attorney.
2. Authorize the City Manager to execute an agreement with Eric Gruver, Ph.D. for law enforcement psychological services, in an amount not to exceed $30,000 for a three- year period beginning October 4, 2022 through September 30, 2025, with an option for two, one-year extensions, subject to non-substantive changes approved by the City Manager and City Attorney.
3. Authorize the City Manager to execute an agreement with Susan Saxe-Clifford, Ph.D. for law enforcement psychological services, in an amount not to exceed $12,000, for a three-year period beginning October 4, 2022 through September 30, 2025, with an option for two, one-year extensions, subject to non-substantive changes approved by the City Manager and City Attorney.
DISCUSSION
The Santa Ana Police Department utilizes contract psychologists to provide pre- employment screenings, employee support and counseling, critical incident counseling, training, and SWAT consultation. The Department currently has agreements with The Counseling Team International (TCTI), Eric Gruver, Ph.D. and Susan Saxe-Clifford, Ph.D. for the provision of these services. All of these agreements expire on September 30, 2022.
On July 12, 2022, the Police Department issued Request for Proposals (RFP) No. 22-081 for Psychological Evaluation and Counseling Services. The City received proposals from
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seven firms. An evaluation committee reviewed and rated the proposals for the following criteria:
•Responsiveness to RFP (15%)
•Experience of Firm Personnel (50%)
•Cost of Proposal (25%)
•References (10%)
The results of the RFP evaluation are as follows:
Proposer Location Score
The Counseling Team International San Bernardino, CA 473 Eric Gruver, Ph.D. Santa Ana, CA 457
Susan Saxe-Clifford, Ph.D. Encino, CA 440
Psychological Consulting Associates, Inc. Los Angeles, CA 406 Tele Help Wilmington, DE 158
True Care Tampa, FL 85
Casa de la Familia Santa Ana, CA 75
500 Points Possible
TCTI, Dr. Gruver, and Dr. Saxe-Clifford presented the most responsive and cost effective proposals. TCTI will provide approximately sixty-five percent of the requested services in the form of pre-employment screenings, employee support and counseling, critical incident counseling, training, and SWAT consultation to the Santa Ana Police Department. The three-year agreement will cover the period of October 4, 2022 through September 30, 2025 with an option for two, one-year extensions. Services provided during the first four days of October are included in the agreement. The total actual payments to TCTI will be based on actual usage of services and will not exceed $78,000.
TCTI does not provide court testimony or fitness for duty evaluations.
Dr. Gruver will provide approximately twenty-five percent of the requested services and Dr. Saxe-Clifford will provide approximately ten percent in the form of pre-employment screenings, court testimony, and fitness for duty evaluations. Both consultants have provided satisfactory psychological services to the Santa Ana Police Department for several years. Each three-year agreement will cover the period of October 4, 2022 through September 30, 2022 with an option for two, one-year extensions. Services provided during the first four days of October are included in the agreement. The total actual payments to Dr. Gruver and Dr. Saxe-Clifford will be based on actual usage of services and will not exceed $30,000 and $12,000, respectively.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
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FISCAL IMPACT
Funds for these agreements are available and will be budgeted in future fiscal years for expenditure as follows:
Fiscal Year Accounting Unit
– Account No. Fund Description Accounting Unit,
Account Description Amount
FY 22-23
(Oct.-June) 01114402-62300 General Fund Human Resources, Contract Services $ 30,000
FY 23-24
(July-June) 01114402-62300 General Fund Human Resources, Contract Services $ 40,000
FY 24-25
(July-June) 01114402-62300 General Fund Human Resources, Contract Services $ 40,000
FY 24-25
(July-Sept.) 01114402-62300 General Fund Human Resources, Contract Services $ 10,000
Total $120,000
EXHIBIT(S)
1. Agreement with The Counseling Team International
2. Agreement with Dr. Eric Gruver
3. Agreement with Dr. Susan Saxe-Clifford
Submitted By: David Valentin, Police Chief
Approved By: Kristine Ridge, City Manager
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AGREEMENT TO PROVIDE PSYCHOLOGICAL EVALUATION SERVICES FOR THE CITY OF SANTA ANA POLICFi, DEPARTMENT
THIS AGREEMENT is made and entered into this 4th day of October, 2022 by and between Nancy K. Bohl, Inc., a California corporation dba The Counseling Team International, ("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").
RECIT ALS
A. On July 12, 2022, the City issued a Request for Proposal ("RFP") No. 22-081 for the purpose of retaining a consultant having special skill and laiowledge in the field of providing psychological evaluation and counseling services for the City's Police Department.
B. The City received numerous responses to the RFP. Consultant is one of the three parties 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 the RFP and attached as Exhibit A.
Consultant's proposal is incorporated by reference as though fully set forth herein.
C. In undertaking the performance of tis 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 psychological evaluation services described and set forth in Exhibit A, attached hereto and incorporated by reference.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement shall not exceed $78,000.
b. Payment by City shall be made within 45 days (forty-five) 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 wich may reasonably be expected by City.
Exhibit 1
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3. TERM
This Agreement shall commence on October 4, 2022, and continue through September 30, 2025, with the option the City to grant up to two (2) one (l) year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 13, below. City shall recognize any services provided since October 1, 2022.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of tbis 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. 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.
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregatelimit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the generalaggregate 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), withlimit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation insurance as required by the State of California, with StahitoryLimits, 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 writtetx verification they have no employees)
4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant'sprofession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.
If the Consultant maintains broader coverage and/or igher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of
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the specified minimum limits of insurance and coverage shall be available to the City.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provrsrons:
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 connectionwith such work or operations. General liability coverage can be provided in the fomi of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20101185 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; a34 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 primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insuranceand shall not contribute with it.
Notice of Catxcellation
Each insurance policy required above shall state 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 waiverof subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the tnsurer.
Self-Insured Retentiotxs
Self-insured retentions must be declared to and approved by the City. The City may require theConsultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
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1. The Retroactive Date must be shown and must be before the date of the contract or the begiru'iing 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 contract work.
Verification of Coverage
Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work begiru'iing shall not waive the Consultant's obligation to provide them.The City reserves the rightto require complete, certified copies of all required insurancepolicies,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 therisk, prior experience, insurer, coverage, or other special circumstances.
6. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity
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shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
7. RECORDS
Consultant shall keep records and invoices in connection with the work to be perfoimed 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.
8. 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 tis Agreement, and fiarther 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 tbis 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 infortnation disclosed by the City.
9. 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.
10. 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, tern'iination or other employment related activities or any services provided under this
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Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
11. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms oftbisAgreementshallprevail. TisAgreementmaynotbemodifiedexceptbywritteninstrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.
12. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City persoru'iel or by other consultants retained by City.
13. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. hi 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.
14. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not
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similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
15. 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.
16. 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.
17. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
p.o. Box 1988
Santa Aria, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Chief of Police
Santa Aria Police Department
20 Civic Center Plaza (M-97)
p.o. Box 1981
Santa Ana, California 92702
Fax: 714-245-8090
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To Consultant:
Nancy K. Bohl, Inc. dba
The Counseling Team International
1881 Business Center Drive
Suite 11
San Bemardino, CA 92408
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 timeframes, weekends, federal, state, County or City holidays shall be excluded.
18. 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. TlieAgreement is tlie final and complete agreement and any prior or contemporaneous agreements for similar services between tl'ie parties is superseded by this Agreement. This shall not apply where tlie 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.
[signature page to follow]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above w'ritten.
ATTEST: CITY OF SANTA ANA
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARV ALHO
City Attomey
Tamara Bogosian
Senior Assistant City Attonney
RECOMMENDED FOR APPROV AL:
Kristine Ridge
City Manager
CONS[n,TANT:
DAVID VALENTIN
Chief of Police
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EXHIBIT A
SCOPE OF SERVICES
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Q,6"a,,):ai1 CITY OF SANTA ANA
EXHIBIT 1
SCOPE OF SERVICES
1. SCOPE OF SERVICES
The City of Santa Ana is seeking a professional and experienced company to pre-employment psychological evaluation services, peer support training, and crisis counseling. Specific responsibilities include, but are not limited to:
A. Complete Pre-Employment Psychological Evaluations Perform a complete pre-employment psychological evaluation for the City's Police Department applicants. Said psychological evaluation shall comply with the California Peace Officer's Standards and Training (POST) Psychological Screening Manual, as well as any additional psychological suitability criteria specified by the City's Police Department.
A complete pre-employment psychological evaluation includes, but is not limited to a clinical interview, administration of necessary tests, scoring of tests and preparing verbal and written recommendation for employment.
Consultant shall:
1. Provide the City's Police Department a list of available appointment times for psychological evaluations; the appointment times must be provided 24 hours prior to pre-scheduled Commander oral interviews. The psychological evaluations shall be administered within seven business days of the Commander oral interviews.
2. Provide the City's Police Department with verbal recommendation of the candidate's psychological suitability for the classifications of Police Officer as well as other classifications within the Police Department within two (2) working days of said candidate's clinical interview.
3. Provide the City's Police Department with a written report of the candidate's psychological suitability for the classification of Police Officer as well as other classifications within the Police Department within five (5) working days of the candidate's clinical interview. This report must be received by the PD within five working days via US Mail, or may be sent in a pdf document via e-mail.
RFP No. 22-081
4. Complete the necessary Police Officer Standards and Training (POST) Continuing Professional Education (CPE) required for psychologists conducting pre-employment peace officer evaluations. The initial CPE requirement of six hours must be completed by May 6, 2019. Evaluators will need to complete 12 hours of POST-approved CPE every two years. The CPE Tracking System will calculate the required hours based on the effective date of this requirement (September 1, 2014) and the date the psychologist Psychological Evaluation and Counseling Services Page 18 of 36
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CITY OF SANTA ANA
began conducting peace officer evaluations.
B. Complete Post-Traumatic Psychological Incident Evaluation Provide City's Police Department employees involved in violent incidents, such as a life - threatening and/or serious injury or death to any person, complete post-traumatic psychological evaluation.
A complete post-traumatic psychological incident evaluation includes, but is not limited to, clinical interview and post-traumatic counseling.
Consultant shall provide:
1. Initial psychological service contact with involved officer(s) shall be made immediately if possible, but no later than forty-eight (48) hours following the incident.
2. A minimum of three (3) follow-up counseling sessions shall follow, if the Consultant deems those sessions necessary. Such follow-up sessions shall, whenever possible and practical, be scheduled by Consultant at Consultant's office location, unless otherwise agreed by involved officer(s).
3. One (1) follow-up session within a period of not less than fourteen (14) days and not more than thir§ (30) days following the traumatic incident with the involved officer(s) to assess whether additional sessions shall be deemed necessary. Following such sessions, provide City's Police Department with verbal recommendation as to the necessity of additional sessions and an assessment of officer(s) recommended duty status within forty-eight (48) hours. A written psychological assessment of the officer(s) evaluated shall be submitted within five (5) calendar days to the City's Police Department upon completion of such follow-up counseling session(s).
4. A verbal recommendation to the City's Police Department for return of said officer(s) involved in traumatic incidents to full or modified duty status as soon as possible and in no case later than forty-eight (48) hours following the incident.
5. A written psychological assessment to the City's Police Department of officer(s) in question and a recommendation as to their suitability to return to active duty, full or modified, and need for follow-up treatment within five (5) days following the post- traumatic counseling session.
6. At the direction and with consent of City's Police Department, similar post-traumatic incident counseling services may be requested for immediate family members of involved officer(s) adversely impacted by the incident. The goal of such services shall be to stabilize external factors which might otherwise affect officer(s) return to duty or recovery and to determine if referral to other private service providers is warranted. Verbal consultation with City's Police Department is recommended but no written reports of family member counseling sessions are required unless otherwise indicated or where the fitness for duty of the officer(s) comes into doubt.
RFP No. 22-081 Psychological Evaluation and Counseling Services Page 19 of 36
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@,ja,
CITY OF SANTA ANA
C. Review of Fitness for Duty
Review background investigations, clinical interviews, administrative reports and/or other relevant documents to determine an employee's psychological fitness for duty, when so directed by the City.
Fitness for duty review includes, but is not limited to, clinical interviews, administration of necessary tests, scoring of tests, and preparation of verbal and written recommendations for employment.
Consultant shall:
1. Outline all psychological concerns resulting from that review and submit to City's Police Department a recommendation concerning further testing and or evaluation which may be deemed appropriate
2. Provide City's Police Department with verbal notification as to the above within forty- eight (48) hours, and with a complete written report concerning reviews of fitness for duty within ten (10) working days following receipt of documents or the last clinical interview of employee(s) in question.
Note: The City may elect to enter into two agreements to allow for a separate psychologist to conduct fitness for duties.
D. Crisis Intervention Counseling
Conduct crisis intervention counseling with authorization and approval of City's Police Department when a Department employee(s) is believed to be suffering from a psychological disorder or emotional disturbance and unable to perform any or all of the full range of duties of an employee's classification.
Consultant shall:
1. Obtain authorization from City's Chief of Police or designate prior to conducting crisis intervention counseling of City's Police Department employee(s). Should intervention be requested by employee and not Department, consultant agrees to obtain authorization from City's Chief of Police or designate prior to conducting crisis intervention counseling.
E. Crisis Incident Stress Management
The work of law enforcement professionals exposes them to significant incidents that can have a lasting effect on their mental health and well-being. The Santa Ana Police Department recognizes the importance of routine and post-incident debriefings to assist employees in processing events in a healthy and productive manner while minimizing the risk of post incident streSS that can lead to physical and psychological disorders. Therefore, at the request of the Chief of Police or his/her designee, the consultant shall:
1. Conduct routine group debriefings with units that are regularly exposed to high levels of RFP No. 22-081 Psychological Evaluation and Counseling Services Page 20 of 36
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CITY OF SANTA ANA
stress (i.e. child abuse investigators, crime scene investigators, and dispatchers) to ensure the group's ongoing well-being.
2. Hold a post-critical incident meeting ahead of a formal debriefing to discuss normal reactions to stress and healthy methods to process stress. When necessary, such meetings shall be conducted prior to the affected employee's end of watch.
3. Facilitate post-incident group debriefings with affected employees following a critical incident. Such debriefings should ideally be held within 24-72 hours of the incident but, given the need to coordinate varying work schedules, shall be conducted as close in time to the incident as practical.
F. Consultation Services
On-call status is required to respond to criminal incidents such as SWAT call-outs or major investigations as requested.
Consultant shall:
1. Consult with the Department's management regarding psychological profiles and recommended approach to addressing specific suspects.
2. ASSiSt in interpreting intelligence data in reference to criminal incidents and/or suspect.
G. Psychological Training Services
Provide City's Police Department employees with relevant psychological training to assist in the providing organizational wellness services. Consultant shall:
1. Provide training to members of Police Department including, but not limited to, peer support services, crisis intervention stress management, and suicide intervention/prevention training.
RFP No. 22-081 Psychological Evaluation and Counseling Services Page 21 of 36
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EXHIBIT B
COMPENSATION (RATES)
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Exhibit B
Cost Proposal
TCTI understands proposals are valid for a minimum of one hundred eighty (180) days following proposal deadline. TCTI understands the cost for developing the Proposal is the sole responsibility of TCTI. TCTI understands all property of the City.
upon the initial and subsequent anniversary dates of the Contract the fees shall increase by 5% for all services outlined in the contract.
TCTI shall provide the Following services:
A. Follow-up/In-house Sessions - for employees involved in Critical Incidents at the rate of $150.00 per hour,
B. Supervisor Referrals/Consultations - provide consultations with supervisors regarding problem employees at the rate of $150.00 per hour.
C. Orientation - conduct an initial orientation for management concerning critical incident intervention and support services available at No charge.
D. Promotional Materials - provide a electronic file for all literature for management, employees and their eligible dependents, i.e., brochures, flyers, supeivisors handbooks, reference cards, etc... No Charge E. ProvideAnnualConfidentialCounselingSessions(Check-lns)forPublicSafetyemployeestoassurethe employee is addressing the importance of their emotional and mental welfare at the rate of $150.00 per hour,
F. Critical Incident Intervention - provide Stand-By-Status (SBS) 24/7/365 on-call Critical Incident Stress Management Services at the rate of $275,00 per hour port-to-port.
G. Hostage Negotiation Assistance - provide Stand-By-Status (SBS) 24/7/365 Hostage Negotiation Assistance atthe rate of$275.00 per hour port-to-port.
H. Pre-Employment Psychological Testing (non-sworn) - provide testing for pre-hire Non-Sworn Police applicants. This service will be billed at a rate of $350,00 per applicant.
1. Pre-Employment Psychological Testing (sworn) - provide testing for pre-hire Sworn Police applicants.
This testing includes the COPS-R Test. This service will be billed at a rate of $375.00 per applicant, TRAINING:
Training - provide a wide variety of training classes. $175.00 per hour + $65,00 per hour for travel 24 participant minimum if hosting a training, The training can be opened to outside agencies 3-Day Basic Peer Support: (POST Plan Ill) $299,00 per student 20 City Council
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2-Day Basic Critical Incident Stress Management (CISM)
(ICISF Certified & POST Plan IV)
$199,00 per student
2-Day Advanced Peer Support
(ICISF Certified & POST Plan IV)
$199.00 per student
Peer Support Consultation: $150.00 per hour
Peer Support Meeting (Quarterly): $175.00 per hour + $65.00 per hour for travel Peer Support Candidate Interviews: $175,00 per hour + $65,00 per hour for travel Meditation Course: This is a 6 week online self-paced course that teaches the how, the why, the when, and the benefits of meditation at the rate of $50.00 per person.
Retire Well Course: This course is for First Responders who have retired in the last 5 years or are planning to retire within 5 years. This course will provide tools to rediscover their identity, purpose, security, and acceptance upon retirement as well as improve quality of life and adaption, making the unknown known at the rate of $750.00 per person,
Retreats:
Reflection and Restoration (Peer Support Retreat): The R&R Retreat combines insight, education, and a fluid systemic approach designed to debrief, and to bring relief, peace, and purpose back into daily living.
The goal is to guide you on to a path of self-care and realistic goals that will improve your life, your job, and your family. At the rate or $2,000.00 per attendee. (2 Y! Day Retreat) The Janus Project (Trauma Retreat): The Janus Project is designed to help those who have experienced traumatic events and/or have been affected by personal difficulties during their career through workshops, therapy, and experiential activities. The experience will address sensory overload, fear, shock, nightmare, anger, disbelief, sleep problems, frustration and other unresolved issues. At the rate of $5,500,00 per attendee. (5 '/ Day Retreat)
Sage Retreat: The Sage retreat explores the cost and rewards of being the spouse/partner of a Frist Responder. This journey will help participants navigate the pride, confusion, fear, frustration, exhaustion, and lack of acknowledgment so often experienced for partners and spouses. The focus is to help guide participants on a path of self-care and realistic goals that will improve their life, marriage, and family by improving resiliency, conflict resolution skills, and personal restoration. At the rate of $3,500.00 per attendee. (3 % Day Fletreat)
Behavioral Care System Development: Project based or hourly consulting at the rate of $400,00 per hour TCTI will assessi present best practices, and partner with Santa Ana PD and/or Fire and/or DPEC to create, implement, provide, and monitor a comprehensive Behavioral Care System to effectively support personnel with their personal and departmental behavioral health and wellness needs. We will do this by establishing clear goals and a comprehensive solution based on the department's needs and aid with assessing, building, and implementing a Behavioral Care Assistance system, which may include the following:
* Comprehensive assessment of current systems, protocols, algorithms, vendors, etc. 21 City Council
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* Solutions and recommendations to adapt or overhaul system to ensure:
* Usefulness and ease of use for all,
* Confidentiality,
* Speed and efficiency,
* Absence from and Return to work protocols
* Outcome measures
* Implementation alongside appropriate departments/personnel/stakeholders * Ongoing monitoring to ensure success, including periodic evaluations and adjustments as needed. 22 City Council
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AGREEMENT TO PROVIDE PSYCHOLOGICAL EVALUATION SERVICES
FOR THE CITY OF SANTA ANA POLICE DEPARTMENT
THIS AGREEMENT is i'nade and entered into tliis 4tli day of October, 2022 by and between Eric Gruver, Ph.D., ("Coi'isultant"), and tlie City of Santa Ana, a cliarter city and municipal corporation organized and existing under the Constitution and laws of tlie State of California ("City").
RECIT ALS
A. On July 12, 2022, the City issued a Request for Proposal ("RFP") No. 22-081 for the purpose of retaining a consultant liaving special skill and knowledge in tlie field of providing psychological evaluation and counseling services for tlie City's Police Departinent.
B. Tl'ie City received numerous responses to tlie RFP. Consultant is one of tl'ie tl'iree paities selected by the City. Consultant represents that lie is able and willing to provide the services described in the scope of work that was included in the RFP and attacl'ied as Exhibit A. Consultant's proposal is incorporated by reference as though fully set fortli lierein.
C. In undertaking tlie perfori'nance of tl'iis Agreement, Consultant represents that he is knowledgeable in its field and tl"iat any services performed by Consultant cinder this Agreement will be perforined in coi'npliance with such standards as may reasonably be expected from a professional consulting firin in tlie field.
NOW THEREFORE, in consideration of tlie mutual and respective promises, and subject to the teri'ns and conditions liereinafter set foith, tlie parties agree as follows:
1. SCOPE OF SERVICES
Consultant sliall perform during tlie terin of this Agreement, tlie tasks and obligations including all labor, inaterials, tools, equipment, and incidental customary work required to fully and adequately complete the psychological evaluation services described and set foitli in Exhibit A, attacl"ied l'iereto and incorporated by reference.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, tlie rates and cliarges identified in Exhibit B. The total sum to be expended under tliis Agreeineiit sliall not exceed $30,000.
b. Payment by City sliall be made witliin 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures.
Payineiit need not be made for work which fails to meet the standards of performance set foitli in the Recitals which may reasonably be expected by City.
Exhibit 2
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3. TERM
Tl'iis Agreement shall commence on October 4, 2022, and continue througli September 30, 2025, witli tlie option t)'ie City to grant up to two (2) one (l) year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 13, below. City sliall recognize any services provided since October 1, 2022.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of t)iis Agreement, be construed to be an independent contractor and not an employee of the City. Tl'iis Agreement is not intended nor shall it be construed to create an employer-ei'nployee relationsliip, a joint venture relationsliip, or to allow tlie City to exercise discretion or control over the professional manner in wliic)i Consultant performs tlie services which are the subject matter of this Agreement; however, tlie 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, uneinployment insurance and similar taxes relating to employees and sliall be responsible for all applicable with)iolding taxes.
5. INSURANCE
Prior to undertaking performai'ice of work under this Agreement, Consultant sliall maintain and sliall require its subcomractors, if any, to obtain and maintain insurance as described below.
Coverage sliall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Forin CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury witli liinits no less tlian $1,000,000 per occurrence. If a general aggregate limit applies, either t)ie general aggregatelimit sliall apply separately to this project/location (ISO CG 25 03 or 25 04) or tlie generalaggregate limit shall be twice tlie required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Codel (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non- owned), witlilimit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation insurance as required by the State of California, witl'i StatutoryLimits, and Employer's Liability Insurance with limit of no less tlian $1,000,000 per accident for bodily injury or disease. (Not reqyiirecl if consultarit prosiides written verificatiozz they liave /20 employees)
4. Professional Liability (Errors and Oi'niSsions) Insurance appropriates to the Consultant'sprofession, with limit no less t)'ian $2,000,000 per occurrence or claim, $2,000,000 aggregate.
If tlie Consciltant i'naintains broader coverage and/or higher limits than tlie minirmims sliown above, tlie City requires and shall be entitled to the broader coverage and/or the liigher limits n'iaintained by tlie contractor. Any available insurance proceeds in excess of
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tlie specified miniinum limits of insurance and coverage shall be available to tlie City.
Other Insurance Provisions
Tlie insurance policies are to contain, or be endorsed to contain, tlie following proyisions:
Additiomd Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on tlie CGL policy with respect to liability arising ohit of work or operations perforined by or on behalf of tlie Consultant including materials, parts, or equipinent furnislied in connectionwith sucli work or operations. General liability coverage can be provided in the form of an endorsement to tlie Consultant's insurance (at least as broad as ISO Form CG 2010 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; CG 20 37 forms if later revisions used).
Primaiy Coverage
For ai'iy claims related to tliis coi'itract, t]ie Consultant's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects tlie City, its officers, officials, einployees, and volunteers. Any insurance or self-insurance i'naintaii'ied by tlie City, its officers, officials, ei'nployees, or volcinteers shall be excess of the Consultant's insuranceand shall not contribute witli it.
Notice of Catxcellation
Eacli inscirance policy required above sliall state tliat coverage shall not be canceled, except with notice to the City.
Waiver qf Subrogation
Consultant liereby grants to City a waiyer of any riglit to subrogation wliicli any insurer of said Consultant may acquire against tlie City by virtue of the payment of any loss under SLICII insurance. Consultant agrees to obtain any endorsement tl'iat may be necessary to affect this waiverof subrogation, but tliis provision applies regardless of wlietlier or not the City lias received a waiver of subrogation endorsement from the lnSklrer.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by tlie City. Tlie City i'nay require tlieConsultant to pcirchase coverage witli a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses witliin tlie retention. The policy langciage shall proyide, or be endorsed to provide, tliat tlie self-insured retention may be satisfied by either the named inscired or City.
Acceptability of Itxsurers
Insurance is to be placed witli insurers authorized to conduct business in t)ie state witl'i a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to tlie City.
Claims Made Policies
If any of tlie required policies provide coverage on a claiins-inade basis:
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1. Tlie Retroactive Date i'nust be shown and must be before the date of tlie contract or tlie beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years afler completion of the cotxtract of work.
3. If coverage is canceled or non-renewed, and not replaced witli anotlier claims- made policy form with a Retroactive Date prior to the contract effective date, tlie Consultant must purcliase "extended reporting" coverage for a i'nininuun of five (5) years after completion of contract work.
Verificatiozx of Coverage
Consultant sliall fumish tlie City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of tlie Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to tlie work begii'ining sliall not waive tlie Consultant's obligation to provide them.Tlie City reserves the riglit to require coi'nplete, certified copies of all required insurance policies,including endorsements required by tliese specifications, at aiy time.
Subcontractors
Consultant shall require and verify tliat all subcontractors maintain insurance meeting all tlie requirements stated lierein, and Contractor shall ensure tliat City is an additional insured on insurance required from subcontractors.
Specicd Risks or Circumstances
City reserves tlie right to n'iodify these requirements, including liinits, based on tlie nature of tlierisk, prior experience, insurer, coverage, or other special circumstances.
6. INDEMNIFICATION
Consultant agrees to defend, and sliall indemnify and liold liarmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (l) for personal injury, damages, just coi'npensation, restitution, judicial or equitable relief arising out of claims for personal injury, including deatli, and claims for property damage, whicl'i may arise froin tlie negligent operations of tlie Consultai'it, its subcontractors, agents, einployees, or otlier persons acting oi'i its belialf wliicli relates to tlie services described in section l of tliis Agreemei'it; and (2) from any claim t)iat personal injury, dainages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from tliis Agreement. T)iis indemnity and liold liarinless agreement applies to all claims for damages, just compensation, restitutioi'i, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in tliis Section or by reason of tlie terms of, or effects, arising from this Agreement. Tlie Consultant fuitlier agrees to indemnify, hold liari'nless, and pay all costs for tlie defense of tlie City, including fees and costs for special corinsel to be selected by the City, regarding any action by a tliird party cliallenging tlie validity of tliis Agreement, or asseiting that personal injury, damages, just coinpensation, restitution, judicial or equitable relief due to personal or propeity rig!its arises by reason of tlie terins of, or effects arising from this Agreement. City i'nay make all reasonable decisions witli respect to its representation in any legal proceeding. Notwithstanding tl'ie foregoing, to tlie extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity
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shall be limited, to tlie extent required by Civil Code Section 2782.8, to claims tliat arise out of, pertain to, or relate to t)ie negligence, recklessness, or willful misconduct of the Consultant.
7. RECORDS
Consultant shall keep records and invoices in connection with tlie work to be performed under this Agreement. Consultant sliall i'naintain complete and accurate records witli respect to t)ie costs incurred under tliis Agreement and any services, expenditures, and disbursements cliarged to t)ie City for a minimum period of three (3) years, or for any longer period reqciired by law, from the date of final payinent to Consultant under tliis Agreement. All SLICII records and invoices sliall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of sucli records and any other documents created pursuant to tl'iis Agreement during regular business hours. Consultant shall allow ii'ispection of all work, data, documents, proceedings, and activities related to this Agreei'nent for a period of tliree (3) years from tlie date of final payment to Consultant under this Agreement.
8. CONFIDENTIALITY
If Consultant receives froin tlie City information wliich due to tlie nature of such information is reasonably understood to be confidential ai'id/or proprietary, Consciltant agrees that it sliall not use or disclose such information except in tlie perfori'nance of tliis Agreeinent, and further agrees to exercise the sai'ne degree of care it uses to protect its own information of like importance, but in no event less tlian reasonable care. "Coi'ifidential Information" sliall include all nonpublic inforination. Confidential information includes not only written infomiatioi'i, but also information transferred orally, visually, electronically, or by otlier means. Confidential infomqation disclosed to eitlier party by any subsidiary and/or agent of tlie otlier party is covered by tliis Agreeinent. Tlie foregoing obligations of non-use and nondisclosure shall not apply to any information tliat (a) lias been disclosed in publicly available sources; (b) is, tlirougli no fauit of the Consultant disclosed in a publicly available source; (c) is in rightful possession of tlie Coi'isultant witliout an obligation of confidentiality; (d) is required to be disclosed by operation oflaw; or (e) is independently developed by tlie Consultant without reference to information disclosed by tlie City.
9. CONFLICT OF INTEREST CLAUSE
Consultant covenants tliat it presently lias no interests and shall not liave interests, direct or indirect, w)iicl'i wocild conflict in any manner with performance of services specified cinder tliis Agreeinent.
10. NON-DISCRIMINATION
Consultant sliall not discriminate because of race, color, creed, religion, sex, inarital status, sexual orientation, gender identity, gender expression, gender, i'nedical conditions, genetic infori'nation, or inilitary and veteran status, age, national origin, ancestry, or disability, as defined and proliibited by applicable law, in tlie recruiti'nent, selection, teacliing, training, utilization, promotion, terinination or otlier employment related activities or any services provided under this
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Agreement. Consciltant affirms that it is an equal oppoitunity ei'nployer and shall con'iply witli all applicable federal, state and local laws and regulations.
11. EXCLUSIVITY AND AMENDMENT
Tliis Agreement represents tlie complete and exclusive statement between tlie City and Coi'isultant, and supersedes any and all other agreements, oral or written, between tlie paities. In the event of a conflict between tl'ie teri'ns of t)iis Agreement and any attacl'iments hereto, tlie terms oft)iisAgreei'nentsliallprevail. Tl'iisAgreeinentmaynotbeinodifiedexceptbywritteninstnu'nent signed by tlie City and by an authorized representative of Consultant. The parties agree tliat any terms or conditions of any purchase order or other instrument tliat are inconsistent wit)i, or in addition to, the teri'ns and conditions hereof, shall not bind or obligate Consultant or tlie City. Each paity to tliis Agreeinent acknowledges tliat no representatioiis, induceinents, promises or agreements, orally or otherwise, have been made by any paity, or anyone acting on belialf of any party, wl'iicl'i is not embodied herein.
12. ASSIGNMENT
Inasmucli as tliis Agreeinent is intended to secure tl'ie specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest lierein withobit tlie prior written consent of tlie City and any suc)i assignment, transfer, delegation or subcontract withorit t)ie City's prior written consent shall be considered null and void. Nothing in tliis Agreement shall be construed to limit the City's ability to liave any of tlie services w]iicli are tlie subject to this Agreeineiit perforined by City personnel or by other consultants retained by City.
13. TERMINATION
Tliis Agreement may be terminated by the City upon thirty (30) days written notice of teri'nination. In sucli event, Consultant sliall be entitled to receive and the City sliall pay Consultant compensation for all services perfori'ned by Consultant prior to receipt of sucli notice of termii'iation, subject to the following conditions:
a. As a condition of such payment, the Executive Director may reqriire Consultant to deliver to the City all work product(s) coinpleted as of such date, and in such case SLICII work product shall be tlie propeity of tlie City unless proliibited by law, and Consultant consents to tlie City's use tliereof for such purposes as tlie City deems appropriate.
b. Payment need not be made for work wliicli fails to meet tlie standard of performance specified in the Recitals of this Agreement.
14. WAIVER
No waiver of breacli, failure of any condition, or any right or remedy contained in or granted by tlie provisions of tliis Agreement sliall be effective unless it is in writing and signed by the party waiving t)ie breaclt, failure, riglit or reinedy. No waiver of any breach, failure or riglit, or remedy sliall be deemed a waiver of any otlier breach, failure, riglit or remedy, wlietlier or not
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sin'iilar, nor sl'iall any waiver constitute a continuing waiver unless t)ie writing so specifies.
15. JURISDICTION - VENUE
Tl'iis Agreement has been executed and delivered in the State of California and tlie validity, interpretation, performance, and enforcement of any of tlie clauses of this Agreement sliall be determined and governed by the laws of the State of California. Botli parties furtlier agree that Orange County, California, shall be tlie venue for any action or proceeding tliat may be brought or arise out of, in connection with or by reason of this Agreei'nent.
16. PROFESSIONAL LICENSES
Consultant sliall, throughout the teri'n of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exei'nptions necessary for the provision of the services hereunder and required by tlie laws and regulations of tlie United States, the State of California, the City of Santa Ana and all otlier governmental agencies. Consultant sliall notify tlie City iini'nediately and in writing of its inability to obtain or maintain sucli permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for teri'nination of tliis Agreement.
17. NOTICE
Any notice, tender, demai'id, delivery, or other communication prirsuant to tliis Agreement shall be in writing aiid 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 comrminication in tlie manner provided in this Section, to the following persons:
To City:
Clerk of tlie 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
Witli courtesy copies to:
Cliief of Police
Santa Ana Police Department
20 Civic Center Plaza (M-97)
P.0. Box 1981
Santa Ana, California 92702
Fax: 714-245-8090
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To Consultant:
Eric Gruver, Pli.D.
2021 E. 4"1 Street
Suite 116
Santa Ana, CA 92705
A paity may cl'iange its address by giving notice in writing to tlie other party. Thereafter, any cominunication sliall be addressed and transmitted to tlie new address. If sent by mail, commcinication sliall 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 fortli above. If sent by fax, communication shall be effective or deei'ned to have been given twenty-four (24) liours after tlie time set forth on the transmission report issued by the transinitting facsiinile machine, addressed as set fortli above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded.
18. MISCELLANEOUS PROVISIONS
a. Eacli undersigned represents and warrants tt'iat its signature herein below lias the power, autliority and rigl'it to bind tlieir respective parties to eacli of tlie teri'ns of tl'iis Agreei'nent, and sliall indei'nnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in tlie event tl'iat sucli authority or power is not, in fact, held by the signatory or is witlidrawn. b. TlieAgreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by tliis Agreement. Tl'iis sliall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement C. All Exliibits referenced lierein and attached liereto sliall be incorporated as if fully set foitli in the body of tliis Agreement.
[signature page to follow]
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IN WITNESS WHl'REOF, the.parties hercto have cxecutcd this Agreement the date and year i'irst above written.
ATTEST: CITY OF !!5ANTA ANA
Clerk of tlie Council
APPROVED AS TO FORM:
SONr A R. CARV ALT-TO
City 4ttomey
Tamara Bogosian
Senior Assistant City Attorney
'RECOMMENDED FO'R APPROV AL:
Kristinc Ridge
City Manager
CONSUL NT:
Eric (iruvcr, Ph,D,
?ir>v
DAVrD V ALEN'rfN
Chief of Police
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EXHIBIT A
SCOPE OF SERVICES
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CITY OF SANTA ANA
EXHIBIT I
SCOPE OF SERVICES
I. SCOPE OF SERVICES
The City of Santa Ana is seeking a professional and experienced company to pre-employment psychoiogical evaluation services, peer support training, and crisis counseling. Specific responsibilities include, but are not limited to:
A. Complete Pre-Employment Psychological Evaluations Perform a complete pre-employment psychological evaluation for the City's Police Department applicants. Said psychological evaluation shall comply with the California Peace Officer's Standards and Training (POST) Psychological Screening Manual, as well as any additional psychological suitability criteria specified by the City's Police Department.
A complete pre-employment psychological evaluation includes, but is not limited to a clinical interview, administration of necessary tests, scoring or tests and preparing verbal and written recommendation for employment.
Consultant shall:
1. Provide the City's Police Department a list of available appointment times for psychological evaluations; the appointment times must be provided 24 hours prior to pre-scheduled Commander oral interviews. The psychological evaluations shall be administered within seven business days of the Commander oral interviews.
2. Provide the City's Police Department with verbal recommendation of the candidate's psychological suitability for the classifications of Police Officer as well as other classifications within the Police Department within two (2) working days of said candidate's clinical interview.
3. Provide the City's Police Department with a written report of the candidate's psychological suitability for the classification of Police Officer as well as other classifications within the Police Department within five (5) working days of the candidate's clinical interview. This report must be received by the PD within five working days via US Mail, or may be sent in a pdf document via e-mail.
RFP No. 22-081
4. Complete the necessary Police Officer Standards and Training (POST) Continuing Professional Education (CPE) required for psychologists conducting pre-employment peace officer evaluations. The initial CPE requirement of six hours must be completed by May 6, 2019. Evaluators will need to complete 12 hours of POST-approved CPE every two years. The CPE Tracking System will calculate the required hours based on the effective date of this requirement (September 1, 2014) and the date the psychologist Psychological Eva(uation and Counseling Services Page 18 of 36
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began conducting peace officer evaluations.
B. Complete Post-Traumatic Psychological Incident Evaluation Provide City's Police Department employees involved in violent incidents, such as a life - threatening and/or serious injury or death to any person, complete post-traumatic psychological evaluation.
A complete post-traumatic psychological incident evaluation includes, but is not limited to, clinical interview and post-traumatic counseling.
Consultant shall provide:
1. Initial psychological service contact with involved officer(s) shall be made immediately if possible, but no later than forty-eight (48) hours following the incident.
2. A minimum of three (3) follow-up counseling sessions shall follow, if the Consultant deems those sessions necessary. Such follow-up sessions shall, whenever possible and practical, be scheduled by Consultant at Consultant's office location, unless otherwise agreed by involved officer(s).
3. One (1) follow-up session within a period of not less than fourteen (14) days and not more than thirty (30) days following the traumatic incident with the involved officer(s) to assess whether additional sessions shall be deemed necessary. Following such sessions, provide City's Police Department with verbal recommendation as to the necessity of additional sessions and an assessment of officer(s) recommended duty status within forty-eight (48) hours. A written psychological assessment of the officer(s) evaluated shall be submitted within five (5) calendar days to the City's Police Department upon completion of such follow-up counseling session(s).
4. A verbal recommendation to the City's Police Department for return of said officer(s) involved in traumatic incidents to full or modified duty status as soon as possible and in no case later than forty-eight (48) hours following the incident.
5. A written psychological assessment to the City's Police Department of officer(s) in question and a recommendation as to their suitability to return to active duty, full or modified, and need for follow-up treatment within five (5) days following the post- traumatic counseling session.
6. At the direction and with consent of City's Police Department, similar post-traumatic incident counseling services may be requested for immediate family members of involved officer(s) adversely impacted by the incident. The goal of such services shall be to stabilize external factors which might otherwise affect officer(s) return to duty or recovery and to determine if referral to other private service providers is warranted. Verbal consultation with City's Police Department is recommended but no written reports of family member counseling sessions are required unless otherwise indicated or where the fitness for duty of the officer(s) comes into doubt.
RFP No. 22-081 Psychological Evaluation and Counseling Services Page 19 of 36
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C. Review of Fitness for Duty
Review background investigations, clinical interviews, administrative reports and/or other relevant documents to determine an empioyee's psychoiogical fitness for duty, when so directed by the City.
Fitness for duty review includes, but is not limited to, clinical interviews, administration of necessary tests, scoring of tests, and preparation of verbal and written recommendations for employment.
Consultant shall:
1. Outline all psychological concerns resulting from that review and submit to City's Police Department a recommendation concerning further testing and or evaluation which may be deemed appropriate.
2. Provide City's Police Department with verbal notification as to the above within forty- eight (48) hours, and with a complete written report concerning reviews of fitness for duty within ten (10) working days following receipt of documents or the last clinical interview of employee(s) in question.
Note: The City may elect to enter into two agreements to allow for a separate psychologist to conduct fitness for duties.
D. Crisis Intervention Counseling
Conduct crisis intervention counseling with authorization and approval of City's Police Department when a Department employee(s) is believed to be suffering from a psychological disorder or emotional disturbance and unable to perform any or all of the full range of duties of an employee's classification.
Consultant shall:
1. Obtain authorization from City's Chief of Police or designate prior to conducting crisis intervention counseling of City's Police Department employee(s). Should intervention be requested by employee and not Department, consultant agrees to obtain authorization from City's Chief of Police or designate prior to conducting crisis intervention counseling.
E. Crisis Incident Stress Management
The work of law enforcement professionals exposes them to significant incidents that can have a lasting effect on their mental health and well-being. The Santa Ana Police Department recognizes the importance of routine and post-incident debriefings to assist employees in processing events in a healthy and productive manner while minimizing the risk of post incident stress that can lead to physical and psychological disorders. Therefore, at the request of the Chief of Police or his/her designee, the consultant shall:
1. Conduct routine group debriefings with units that are regularly exposed to high levels of RFP No. 22-081 Psychological Evaluation and Counseling Services Page 20 of 36
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stress (i.e. child abuse investigators, crime scene investigators, and dispatchers) to ensure the group's ongoing well-being.
2. Hold a post-critical incident meeting ahead of a formal debriefing to discuss normal reactions to stress and healthy methods to process stress. When necessary, such meetings shall be conducted prior to the affected employee's end of watch.
3. Facilitate post-incident group debriefings with affected employees following a critical incident. Such debriefings should ideally be held within 24-72 hours of the incident but, given the need to coordinate varying work schedules, shall be conducted as close in time to the incident as practical.
F. Consultation Services
On-call status is required to respond to criminal incidents such as SWAT call-outs or major investigations as requested.
Consultant shall:
1. Consult with the Department's management regarding psychological profiles and recommended approach to addressing specific suspects.
2. ASSiSt in interpreting intelligence data in reference to criminal incidents and/or suspect.
G. Psychological Training Services
Provide City's Police Department employees with relevant psychological training to assist in the providing organizational wellness services. Consultant shall:
1. Provide training to members of Police Department including, but not limited to, peer support services, crisis intervention stress management, and suicide intervention/prevention training.
RFP No. 22-081 Psychological Evaluation and Counseling Services Page 21 of 36
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EXHIBIT B
COMPENSATION (RATES)
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ExhibitB Costs
Vl. Cost Proposal
Total Cost Not to Exceed $96,000 over a 3-year period q
A. "'-Pre-er?ployment psychologi6j!""6<raluations "-- ----""'-" 'T-. "' Complete Post-Trau;natic Psychological Incident Evaluation
-C. Review--srorDuty iiiiii ,
"""Th450 per applicant
$175per h-our
"""!§"j"7'g""'per hour "-"""
D. Crisis Intervention Counseling
"'-E. Critical Incident Stress Management-"'-""''
$175 per hour
' $175 per hour
F. Consultation Services " : $175 per hour
,""'<3. 'Psychological Training Aervices ' - - $1 75-p-;i 6our H. jestimony in court and -court preparation """'- $250 per hour
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AGREEMENT TO PROVIDE PSYCHOLOGICAL EV ALUATION SERVICES
FOR THE CITY OF SANTA ANA POLICE DEPARTMENT
THIS AGRF,EMENT is made and entered into this 4th day of October, 2022 by and between Susan Saxe-Clifford, Pl].D., ("Consultant"), and tlie City of Sai'ita Ana, a charter city and inunicipal corporation organized and existing under tlie Constitution and laws of the State of California ((( (2 la t y) ) )
RECIT ALS
A. 011 July 12, 2022, tlie City issued a Request for Proposal ("RFP") No. 22-081 for the purpose of retaining a consultant liaving special skill and knowledge in tlie field of providing psychological evaluation and couiseling services for tlie City's Police Department.
B. Tlie City received numerous responses to the RFP. Consultant is one of tlie three parties selected by tlie City. Consultant represents that slie is able and willing to provide the services described in the scope of work that was included in the RFP and attaclied as Exhibit A. Consultant's proposal is incorporated by reference as thougli fully set foith lierein.
C. In undertaking tlie performance of tliis Agreement, Consultant represents tliat slie is knowledgeable in its field and that any services performed by Consultant under this Agreemeiit will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in tlie field.
NOW THEREFORE, in coiisideration of tlie mutual and respective promises, and subject to tlie terms and conditions hereinafter set foitli, tl'ie paities agree as follows:
1. SCOPE OF SERVICES
Consultai'it sliall perform during the term of this Agreement, tlie tasks and obligations including all labor, materials, tools, eqriipment, and incidental customary work required to fully and adequately coi'nplete tlie psychological evaluation services described and set foith in Exhibit A, attaclied liereto and incorporated by reference.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, tlie rates and cliarges identified in Exhibit B. The total sum to be expended under tliis Agreement sliall not exceed $12,000.
b. Payinent by City sliall be made within 45 days (forty-five) days following receipt of proper iiwoice evidencing work perfori'ned, subject to City accountii'ig procedures.
Payinent need not be inade for work wliich fails to meet tlie standards of performance set foitli in tlie Recitals wliicli may reasonably be expected by City.
Exhibit 3
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3. TERM
Tliis Agreemei'it shall coi'ni'nence on October 4, 2022, and continue throhigli September 30, 2025, witli t)ie option the City to grant up to two (2) one (l) year renewals, exercisable by a writing by tl'ie City Manager ai'id the City Attomey, unless terminated earlier in accordance witli Section 13, below. City shall recognize any services provided since October 1, 2022.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. Tliis Agreement is not intended nor shall it be construed to create an employer-employee relationsliip, a joint venture relationsliip, or to allow tlie City to exercise discretion or control over the professional manner in w)iicli Consultant performs tlie services wliicli are tlie subject matter of this Agreement; however, tl'ie services to be provided by Consultant sliall be provided in a manner consistent with all applicable standards and regulations governing sucli services. Consultant shall pay all salaries and wages, ei'nployer's social security taxes, unemployment insurance and similar taxes relating to employees and sliall be responsible for all applicable withliolding taxes.
5. INSURANCE
Prior to undertaking perforinance of work rinder tliis Agreemei'it, Consultant sliall i'iqaintain and sl'iall require its subcontractors, if any, to obtain and i'naintain insurance as described below.
Coverage sliall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury ai'id personal & advertising injury witli liinits no less tlian $1,000,000 per occurrence. If a general aggregate liinit applies, eitlier tlie general aggregatelimit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or tlie generalaggregate limit sliall be twice the required occurrence liinit.
2. Automobile Liability: Insurance Services Office Forin Number CA 0001 covering, Codel (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non- owned), witlilimit no less tlian $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation insurance as required by tlie State of California, witl'i StatutoryLiinits, and Employels Liability Insurance with limit of no less tlian $1,000,000 per accident for bodily injury or disease. (Not required if consultant provides written verification they have no employees)
4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant'sprofession, with lii'nit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.
If the Consultant maintains broader coverage and/or liiglier limits tlian tl'ie minimums shown above, t)ie City requires and shall be entitled to the broader coverage and/or tlie l'iiglier limits i'naintained by tlie contractor. Any available insurance proceeds in excess of
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tlie specified minimum limits of insurance and co'verage shall be ayailable to tlie City.
Other Insurance Provisions
Tlie ii'isurance policies are to contain, or be endorsed to contain, tlie following provrstons:
Additiomil Irisured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on tlie 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 connectionwith sucli work or operations. General liability coverage can be provided ii'i tlie fori'n of an endorsement to tlie Consultant's insurance (at least as broad as ISO Form CG 20101185 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to tliis coi'itract, tlie Consultant's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, einployees, or volunteers sliall be excess of tlie Consultant's insuranceand shall not contribute witli it.
Notice qf Ctmcellation
Eacli insurance policy reqhiired aboye shall state tliat coverage shall not be canceled, except with notice to the City.
Waiver of Subrogatiozx
Consultant hereby grants to City a waiver of any right to subrogation wliicli any insurer of said Consultant may acquire against the City by virtue of the payi'nent of any loss under SLICII insuraiice. Consultant agrees to obtain any endorsement tl'iat may be necessary to affect this waiverof subrogation, but tliis provision applies regardless of whetlier or not tlie City lias received a waiver of subrogation endorseinent from tlie IllSul"ell
Self-Insured Reteritions
Self-insured retentions must be declared to and approved by tlie City. The City may require tlieConsultant to purchase coverage witli a lower retention or provide proof of ability to pay losses and related investigations, claii'n administration, and defense expeiises within tlie retention. The policy language shall provide, or be endorsed to provide, tl'iat tlie self-insured retention inay be satisfied by either the i'iained insured or City.
Acceptability of Irisurers
Insurance is to be placed with insurers authorized to coi'iduct business ii'i tlie 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 tlie required policies provide coverage on a claims-made basis:
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1. Tl'ie Retroacti've Date must be shown and must be before the date of tlie contract or tlie beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years afler completion of the contract of work.
3. If coverage is canceled or i'ion-renewed, and not replaced with another claims- made policy form with ci Retroactive Date prior to tlie contract effective date, tlie Consultant must purcliase "extended reporting" coverage for a mii'iiinum of five (5) years after completion of contract work.
Verificcdion of Coverage
Consultant shall furnish the City with original Certificates of Insurance including all required ainendatory endorsemeiits (or copies of the applicable policy language effecting coverage reqriired by this clause) and a copy of the Declarations and Endorsei'nent Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain tlie required documents prior to tlie work beginning sliall not waive the Consultant's obligation to provide them.T]ie City reserves the riglit to require complete, certified copies of all required insurance policies,including endorsements required by tliese specifications, at any time.
Subcontractors
Consultant sliall require and verify that all subcontractors maintairz insurance meeting all t)ie requiremeiits stated )ierein, and Contractor sliall ensure that City is an additional insured on insurance reqyiired froin subcontractors.
Special Risks or Circumstances
City reserves tlie right to modify these requirements, ii'icluding limits, based on the nature of tlierisk, prior experience, insurer, coyerage, or other special circumstances.
6. INDEMNIFICATION
Consultant agrees to defei'id, and sliall indemnify and liold harmless the City, its officers, agents, einployees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising ocit of claims for personal injciry, including deatli, and claims for property damage, which may arise from the negligent operations of tl'ie Consultant, its subcontractors, agents, employees, or otlier persons acting on its belialf wliich relates to tl'ie services described in section 1 of tliis Agreeinent; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of tlie terms of or effects arising from this Agreement. Tliis indeinnity and liold harmless agreement applies to all claii'ns for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in tliis Section or by reason of tlie terms of, or effects, arising from this Agreement. Tlie Consultant fuitlier agrees to indemnify, liold liarinless, and pay all costs for the defense of t)ie City, including fees and costs for special counsel to be selected by the City, regarding any action by a tliird party cliallenging t)ie validity of this Agreement, or asserting that personal injury, damages, just cotnpensation, restitutioi'r, judicial or equitable relief due to personal or property rights arises by reason of tl'ie terms of, or effects arising from this Agreement. City may make all reasonable decisions witli respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Ciyil Code Section 2782.8, the above indemnity
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shall be limited, to tlie extent required by Civil Code Section 2782.8, to claims tliat arise out of, peitain to, or relate to tlie negligence, recklessness, or willful misconduct of t)ie Consultant.
7. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under tliis Agreement. Consultant sliall maintain complete and accurate records witl'i respect to the costs incurred under this Agreement and any services, expenditures, and disbursements cliarged to tlie City for a minimum period of three (3) years, or for any longer period required by law, froin tlie date of final payment to Consultant under this Agreement. All sucli records and invoices sliall be clearly identifiable. Consultant sliall allow a representative of tlie City to exai'nine, audit, and make transcripts or copies of sucli records and any other documents created pursuant to tliis Agreeinent 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 tlie date of 'final payi'nent to Consultant under this Agreement.
8. CONFIDENTIALITY
If Consultant receives from tlie City information whicli due to tlie nature of sucli information is reasonably understood to be confidential and/or proprietary, Consultant agrees tliat it sl'iall not use or disclose such information except in tlie performance of this Agreement, and furtlier agrees to exercise tlie same degree of care it uses to protect its own information of like importance, but in no event less tlian reasonable care. "Confidential Inforn'iation" sliall include all nonpublic inforination. Confidential information includes i'iot only written inforination, bcit also inforination transferred orally, visually, electronically, or by otlier means. Coi'ifideiitial information disclosed to either paity by any subsidiary and/or agent of the other party is covered by tliis Agreei'nent. The foregoing obligations of non-use and nondisclosure shall not apply to any infori'nation tliat (a) lias been disclosed in publicly available sources; (b) is, throrigli no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of t)ie Consultant withocit an obligation of confidentiality; (d) is required to be disclosed by operation oflaw; or (e) is independently developed by tlie Consultant witliohit reference to informatioi'i disclosed by the City.
9, CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, wliic)i would conflict in any i'nanner witli perforinance of services specified under this Agreement.
10. NON-DISCRIMINATION
Consultant sliall not discrin"iinate 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 recruiti'nent, selection, teaching, training, utilization, promotion, terinination or other employment related activities or any services provided under t)iis
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Agreement. Consultant affirms that it is an equal opportunity employer and shall coinply witli all applicable federal, state and local laws and regulations. 11, EXCLUSIVITY AND AMENDMENT
Tl'iis Agreeinent represents tlie complete and exclusive statement between tlie City and Consultant, and supersedes any and all other agreements, oral or written, between tlie parties. In the event of a conflict between the terms of this Agreemei'it and any attachments hereto, the teri'ns of this Agreement sl'iall prevail. This Agreement may not be modified except by written ii'istrument signed by tlie City and by an authorized representative of Consultant. The paities agree tliat any terms or conditions of any purchase order or other instrument tliat are inconsistent wit)i, or in addition to, t)ie terms and conditions liereof, shall not bind or obligate Consultant or tlie City. Each party to t)'iis Agreeinent acknowledges tliat no representations, inducements, promises or agreements, orally or otlierwise, have been made by any party, or anyone acting on belialf of any party, wliich is not embodied herein.
12. ASSIGNMENT
Inasrmicli as this Agreement is intended to secure tlie specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein witliobit tlie prior written consent of tlie City and any sucli assigninent, transfer, delegatioi'i or subcontract without tl'ie City's prior written consent shall be coi'isidered null and void. Notliing in t)iis Agreement shall be construed to limit the City's ability to liave any of tl'ie services whicli are t)'ie subject to this Agreement performed by City personnel or by otl'ier consultants retained by City.
13. TERMINATION
Tliis Agreement may be terininated by the City upon thiity (30) days written notice of terininatioi'i. In sucli event, Consultant shall be entitled to receive aiid the City shall pay Consultant compensation for al! services performed by Consultant prior to receipt of such notice of termination, subject to tlie following conditions:
a. As a condition of sucli 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 sucli 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 tlie City deeins appropriate.
b. Payment need not be made for work wliich fails to meet tlie standard of perforinance specified in tlie Recitals of t)iis Agreement.
14. WAIVER
No waiver of breacli, failure of ai'iy condition, or any right or remedy contained in or graiqted by the provisioi'is of tliis Agreement sliall 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 sliall be deemed a waiver of any otlier breach, failure, right or remedy, wlietlier or not
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similar, nor sliall any waiver constitute a continuing waiver unless the writing so specifies. 15, JURISDICTION - VENUE
Tliis Agreen'ient lias been executed and delivered in the State of California and tlie validity, interpretation, performance, and enforcement of any of tlie clauses of this Agreement shall be deterinined and governed by the laws of tlie State of California. Botli paities furt)ier agree tliat Orange County, California, shall be t)ie venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
16. PROFESSIONAL LICENSES
Consultant s)iall, throughout tlie term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for tlie provision of the services liereunder and required by the laws and regulations of the United States, the State of California, tlie City of Santa Ana and all otl'ier governmental agencies. Consultant sliall notify tlie City imn'iediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability sliall be cause for termination of this Agreement.
17. NOTICE
Any notice, tender, demand, delivery, or otl'ier communication pursuant to tliis Agreement sl'iall be in writing and sliall be deei'ned to be properly giveii if delivered in person or mailed by first class or certified inail, postage prepaid, or sent by fax or other telegraphic comi'nunication in tlie i'iianner provided in tliis Section, to the following persons:
To City:
Clerk of tlie City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.0. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
Witl"i courtesy copies to:
Cliief of Police
Santa Ana Police Department
20 Civic Center Plaza (M-97)
p.o. Box 1981
Santa Ana, California 92702
Fax: 714-245-8090
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To Consultant:
Susan Saxe-Clifford, Pl].D.
16350 Ventura Blvd.
Suite 603
Encino, CA 91436
A paity i'nay cliange its address by giving notice in writing to the other party. Thereafter, any coi'ninunication sliall be addressed and traismitted to tlie new address. If sent by mail, coi'nrmu'iication sl'iall be effective or deemed to have been given three (3) days after it has been deposited in tlie United States i'nail, duly registered or certified, with postage prepaid, and addressed as set fortli 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 timeframes, weekends, federal, state, County or City liolidays shall be excluded.
18. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature lierein below has the power, authority and right to bind their respective parties to each of tlie terms of tliis Agreement, and shall indei'nnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event tliat sucli autliority or power is not, in fact, held by tlie signatory or is witlidrawn. b. TlieAgreement is tlie final and coinplete agreement and any prior or conteinporaneous agreements for sii'nilar services between the parties is superseded by this Agreei'nent. This shall not apply where tlie Paities are currently engaged ai'id Consultant is providing services not contemplated by this Agreement C. All Ex)iibits referenced lierein and attached hereto shall be incorporated as if fully set foitli in tlie body of tliis Agreement.
[signature page to followJ
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IN \iVITNESS WT-IE,REOF, the parties hereto }iave executed this Agreei'iqent the date and year firstabove written.
ATTEST: CITY 01" SANTA ANA
Clerk of tl'ie Coruicil
APPROVED AS TO FORM:
SONIA R. CARV ALHO
City Attorney
Tamara Bogostan
Senior Assistant City Attorney
RECOMMENDED FOR APPROV AL:
Kristine Ridge
City Manager
CONSULT AN'l':
DAV{D V ALENTIN
Cliief of I)olice
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EXHIBIT A
SCOPE OF SERVICES
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CITY OF SANTA ANA
EXHIBIT 1
SCOPE OF SERVICES
I. SCOPE OF SERVICES
The City of Santa Ana is seeking a professional and experienced company to pre-employment psychological evaluation services, peer support training, and crisis counseling. Specific responsibilities include, but are not limited to:
A. Complete Pre-Employment Psychological Evaluations Perform a complete pre-employment psychological evaluation for the City's Police Department applicants. Said psychological evaluation shall comply with the California Peace Officer's Standards and Training (POST) Psychological Screening Manual, as well as any additional psychological suitability criteria specified by the City's Police Department.
A complete pre-employment psychological evaluation includes, but is not limited to a clinical interview, administration of necessary tests, scoring of tests and preparing verbal and written recommendation for employment.
Consultant shall:
1. Provide the City's Police Department a list of available appointment times for psychological evaluations; the appointment times must be provided 24 hours prior to pre-scheduled Commander oral interviews. The psychological evaluations shall be administered within seven business days of the Commander oral interviews.
2. Provide the City's Police Department with verbal recommendation of the candidate's psychological suitability for the classifications of Police Officer as well as other classifications within the Police Department within two (2) working days of said candidate's clinical interview.
3. Provide the City's Police Department with a written report of the candidate's psychological suitability for the classification of Police Officer as well as other classifications within the Police Department within five (5) working days of the candidate's clinical interview. This report must be received by the PD within five working days via US Mail, or may be sent in a pdf document via e-mail.
RFP No. 22-081
4. Complete the necessary Police Officer Standards and Training (POST) Continuing Professional Education (CPE) required for psychologists conducting pre-employment peace officer evaluations. The initial CPE requirement of six hours must be completed by May 6, 2019. Evaluators will need to complete 12 hours of POST-approved CPE every two years. The CPE Tracking System will calculate the required hours based on the effective date of this requirement (September 1, 2014) and the date the psychologist Psychological Evaluation and Counseling Services Page 18 of 36
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began conducting peace officer evaluations.
B. Complete Post-Traumatic Psychological Incident Evaluation Provide City's Police Department employees involved in violent incidents, such as a life - threatening and/or serious injury or death to any person, complete post-traumatic psychological evaluation.
A complete post-traumatic psychological incident evaluation includes, but is not limited to, clinical interview and post-traumatic counseling.
Consultant shall provide:
1. Initial psychological service contact with involved officer(s) shall be made immediately if possible, but no later than forty-eight (48) hours following the incident.
2. A minimum of three (3) follow-up counseling sessions shall follow, if the Consultant deems those sessions necessary. Such follow-up sessions shall, whenever possible and practical, be scheduled by Consultant at Consultant's office location, unless otherwise agreed by involved officer(s).
3. One (1) follow-up session within a period of not less than fourteen (14) days and not more than thirty (30) days following the traumatic incident with the involved officer(s) to assess whether additional sessions shall be deemed necessary. Following such sessions, provide City's Police Department with verbal recommendation as to the necessity of additional sessions and an assessment of officer(s) recommended duty status within forty-eight (48) hours. A written psychological assessment of the officer(s) evaluated shall be submitted within Five (5) calendar days to the City's Police Department upon completion of such follow-up counseling session(s).
4. A verbal recommendation to the City's Police Department for return of said officer(s) involved in traumatic incidents to full or modified duty status as soon as possible and in no case later than forty-eight (48) hours following the incident.
5. A written psychological assessment to the City's Police Department of officer(s) in question and a recommendation as to their suitability to return to active duty, full or modified, and need for follow-up treatment within five (5) days following the post- traumatic counseling session.
6. At the direction and with consent of City's Police Department, similar post-traumatic incident counseling services may be requested for immediate family members of involved officer(s) adversely impacted by the incident. The goal of such services shall be to stabilize external factors which might otherwise affect officer(s) return to duty or recovery and to determine if referral to other private service providers is warranted. Verbal consultation with City's Police Department is recommended but no written reports of family member counseling sessions are required unless otherwise indicated or where the fitness for duty of the officer(s) comes into doubt.
RFP No. 22-081 Psychological Evaluation and Counseling Services Page 1 9 of 36
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C. Review of Fitness for Duty
Review background investigations, clinical interviews, administrative reports and/or other relevant documents to determine an employee's psychological fitness for duty, when so directed by the City.
Fitness for duty review includes, but is not limited to, clinical interviews, administration of necessary tests, scoring of tests, and preparation of verbal and written recommendations for employment.
Consultant shall:
1. Outline all psychological concerns resulting from that review and submit to City's Police Department a recommendation concerning further testing and or evaluation which may be deemed appropriate.
2. Provide City's Police Department with verbal notification as to the above within forty- eight (48) hours, and with a complete written report concerning reviews of fitness for duty within ten (10) working days following receipt of documents or the last clinical interview of employee(s) in question.
Note.' The City may elect to enter into two agreements to allow for a separate psychologist to conduct fitness for duties.
D. Crisis Intervention Counseling
Conduct crisis intervention counseling with authorization and approval of City's Police Department when a Department employee(s) is believed to be suffering from a psychological disorder or emotional disturbance and unable to perform any or all of the full range of duties of an employee's classification.
Consultant shall:
1. Obtain authorization from City's Chief of Police or designate prior to conducting crisis intervention counseling of City's Police Department employee(s). Should intervention be requested by employee and not Department, consultant agrees to obtain authorization from City's Chief of Police or designate prior to conducting crisis intervention counseling.
E. Crisis Incident Stress Management
The work of law enforcement professionals exposes them to significant incidents that can have a lasting effect on their mental health and well-being. The Santa Ana Police Department recognizes the importance of routine and post-incident debriefings to assist employees in processing events in a healthy and productive manner while minimizing the risk of post incident stress that can lead to physical and psychological disorders. Therefore, at the request of the Chief of Police or his/her designee, the consultant shall:
1. Conduct routine group debriefings with units that are regularly exposed to high levels of RFP No. 22-081 Psychological Evaluation and Counseling Services Page 20 of 36
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stress (i.e. child abuse investigators, crime scene investigators, and dispatchers) to ensure the group's ongoing well-being.
2. Hold a post-critical incident meeting ahead of a formal debriefing to discuss normal reactions to stress and healthy methods to process stress. When necessary, such meetings shall be conducted prior to the affected employee's end of watch.
3. Facilitate post-incident group debriefings with affected employees following a critical incident. Such debriefings should ideally be held within 24-72 hours of the incident but, given the need to coordinate varying work schedules, shall be conducted as close in time to the incident as practical.
F. Consultation Seivices
On-call status is required to respond to criminal incidents such as SWAT call-outs or major investigations as requested.
Consultant shall:
1. Consult with the Department's management regarding psychological profiles and recommended approach to addressing specific suspects.
2. ASSiSt in interpreting intelligence data in reference to criminal incidents and/or suspect.
G. Psychological Training Services
Provide City's Police Department employees with relevant psychological training to assist in the providing organizational wellness services. Consultant shall:
1. Provide training to members of Police Department including, but not limited to, peer support services, crisis intervention stress management, and suicide intervention/prevention training.
RFP No. 22-087 Psychological Evaluation and Counseling Services Page 21 of 36
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EXHIBIT B
COMPENSATION (RATES)
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Exhibit B
2. Cost Proposal
Pre-Employment Psychological Evaluations $425.00 per applicant Complete Post-Traumatic Psychological Incident Evaluation $325.00 per hour Review of Fitness for Duty $375.00 per hour
Crisis Intervention Counseling $325.00 per hour
Critical )ncident Stress Management $325.00 per hour Consultation Services $325.00 per hour
Psychological Training Services $325.00 per hour
Testimony in court and court preparation $400.00 per hour
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Parks, Recreation, and Community Services
www.santa-ana.org/parks
Item # 15
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 4, 2022
TOPIC: Agreement Amendment with A1 Party Rental for Event Equipment Rental Services
AGENDA TITLE:
Agreement Amendment with A1 Party Rental for Event Equipment Rental Services at City Events to Increase the Annual Amount by $64,000 per Year through March 31, 2025, for a total Increase of $192,000 and New Agreement Total of $450,000 (General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute an agreement amendment with A1 Party Rental for event equipment rental services at City events to increase the annual amount by $64,000 per year through March 31, 2025, for a total increase of $192,000 and new agreement total of $450,000, subject to non-substantive changes approved by the City Manager and City Attorney.
DISCUSSION
On March 15, 2022, the City of Santa Ana awarded an agreement to A1 Party Rental for equipment rental services at City Events. The award was made through a request for proposal process where A1 was selected. The number of City events originally planned when the request for proposal was issued has since increased and the City is looking to increase the annual amount by $64,000 for a total increase of $192,000 and total new total agreement amount of $450,000 for the period through March 31, 2025 to accommodate the additional events that the Parks, Recreation and Community Services Agency will undertake.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
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Agreement Amendment with A1 Party Rental Event Equipment Rental Services October 4, 2022
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FISCAL IMPACT
Funds are budgeted and available in the following account for the specified years:
Fiscal
Year
Accounting Unit-
Account #
Fund
Description
Accounting Unit, Account
Description
Amount
FY 22-23 01113230-62300 General
Fund
PRCSA-Recreation and
Community Services-Contractual
Services Professional
$64,000
FY 23-24 01113230-62300 General
Fund
PRCSA-Recreation and
Community Services-Contractual
Services Professional
$64,000
FY 24-25 01113230-62300 General
Fund
PRCSA-Recreation and
Community Services-Contractual
Services Professional
$64,000
EXHIBIT(S)
1. Agreement Amendment
Submitted By: Hawk Scott, Executive Dir. of Parks, Recreation and Community Services
Approved By: Kristine Ridge, City Manager
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Exhibit 1
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Public Works Agency
www.santa-ana.org/pw
Item # 16
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 4, 2022
TOPIC: Agreement for Public Health Plaza and Wellness Programming (Revive Santa Ana)
AGENDA TITLE
Approve an Agreement with IDS Group for Architectural and Engineering Services for Public Health Plaza and Wellness Programming in an Amount Not to Exceed $370,077 for a Three-Year Term (Non-General Fund) (Revive Santa Ana Program)
RECOMMENDED ACTION
1. Authorize the City Manager to execute an agreement with IDS Group for architectural and engineering services for Santa Ana’s Public Health Plaza and Wellness Programming project in the amount of $336,433, with a contingency of $33,644 for a total amount of $370,077, for a three-year term beginning October 4, 2022 and expiring October 3, 2025, with an option for two, one-year extensions, subject non- substantive changes approved by the City Manager and the City Attorney.
2. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to include $4,000,000 for the Public Health Plaza and Wellness Programming project.
DISCUSSION
The City of Santa Ana desires to enter an agreement with a qualified consulting firm to lead efforts to provide Architectural and Engineering services to transform the City of Santa Ana Plaza into an Americans with Disabilities Act (ADA)-compliant Public Health Plaza (Exhibit 1). The City of Santa Ana Plaza was completed in 1972 along with City Hall. The exterior of the building facing the plaza had a stunning architectural design, but it was eventually hidden by the addition of the City’s Ross Annex Building. The City would like to restore some of the character lost in the previous renovation, while also performing an update that better meets the evolving needs of the community. These improvements will also include two new plaza restrooms accessible from the outside, and the renovation of existing restrooms inside the Council Chamber.
On March 31, 2022, the Public Works Agency released Request for Proposal (RFP) No. 22-062, by which it sought the architectural and engineering services of a qualified firm for the Project.
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Agreement with IDS Group
October 4, 2022
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The RFP was advertised on the City’s online procurement management and publication system, with Proposals due on May 4, 2022. Three proposals were received and evaluated by a selection committee comprised of staff from Public Works Agency, Risk Management, and the City Manager’s Office. Based on criteria outlined in the RFP, the following summarizes the responding firms and their ranking.
Firm City Rank
IDS Group Irvine 1
RRM Design Group San Juan Capistrano 2
Rubio Medina, Architect Irvine 3
Staff recommends awarding to the top scoring firm to provide design services for the Project (Exhibit 2). Their proposal demonstrated they have the necessary capacity and expertise to complete the required services. The firm rates are reasonable and within industry standard, the team qualifications are appropriate, and the proposal was determined to provide the best value for the City.
Approval of this item will amend the FY 2022-23 Capital Improvement Program to include the $4,000,000 for the Public Health Plaza and Wellness Programming project (Exhibit 3).
ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action.
FISCAL IMPACT
The funding is budgeted and available for expenditure in the Public Health Plaza and Wellness Programming project (No. 22-1358). The following table summarizes the estimated spending plan for the funds budgeted in the amount of $370,077 for expenditure on the architectural and design services to be provided by the agreement for the three-year term. Any funds remaining after the three-year term will be carried forward if the extension options are exercised.
Fiscal
Year
Accounting Unit
- Account No.
(Project No.)
Fund
Description
Accounting Unit -
Account
No. Description
Amount
2022-23
(Oct-June)
18117013-66220
(22-1358)
American
Rescue Plan
Act of 2021
(ARPA)
American Rescue
Plan Act-PWA,
Improvements Other
Than Building
$200,000
2023-24
(July-June)
18117013-66220
(22-1358)
American
Rescue Plan
American Rescue
Plan Act-PWA, $125,000
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Agreement with IDS Group
October 4, 2022
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EXHIBIT(S)
1. Location Map
2. Agreement with IDS Group for Public Health Plaza and Wellness Programming
3. CIP Worksheet
Submitted By:
Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
Act of 2021
(ARPA)
Improvements Other
Than Building
Fiscal
Year
Accounting Unit
- Account No.
(Project No.)
Fund
Description
Accounting Unit -
Account
No. Description
Amount
2024-25
(July-Oct)
18117013-66220
(22-1358)
American
Rescue Plan
Act of 2021
(ARPA)
American Rescue
Plan Act-PWA,
Improvements Other
Than Building
$45,077
Total $370,077
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PUBLIC HEALTH PLAZA AND WELLNESS PROGRAMMING LOCATION. SEE EXHIBIT A.
COUNCIL CHAMBERS.
EXISTING BREEZEWAY. PROPOSED RESTROOM LOCATION. SEE EXHIBIT B.
RENOVATION OF EXISTING RESTROOMS INSIDE COUNCIL CHAMBERS. SEE EXHIBIT C.
SANTA ANA BLVD
ROSS ST
PAGE 1 OF 4
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1 AGREEMENT FOR ARCHITECTURAL AND ENGINEERING
SERVICES FOR THE PUBLIC HEALTH PLAZA AND
WELLNESS PROGRAMMING PROJECT
T
HIS AGREEMENT is made and entered into this 4th day of October, 2022 by and between IDS Group (“Consultant”), and the City of Santa Ana , a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).
RECITALS
A. On March 31, 2022, the City issued Request for Proposal (“R FP”) No. 22-062 (“RFP”), by which it sought a qualified consultan t to perform professional services for the Public Health Plaza and Wellness Programming project (“Project”) as set forth in this Agreement.
B. Consultant submitted a responsive proposal th at was selected by th e City.
Consultant represents that it is able and willing to provide the serv ices described in the scope of work that was included in RFP No. 22-062.
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 contracting firm in the field.
N
OW 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. S
COPE OF SERVICES
C
onsultant shall perform the services that were described in the scope of work that was included in RFP No. 22-060, which is attached as Exhibi t A , and as further delineated in Consultant’s proposal, which is attached as Exhibit B and incorporated in full.
2. CO
MPENSATION
a. C
ity agrees to pay, and Consultant agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Exhibit C. The total sum to be expended under the term of this Agreement , including any extension periods, shall not exceed $370,077. The sum is comprised of (1) the base amo unt of $336,433 and (2) a contingency in the amount of $ 33,644 for additional services at the City’s sole discretion.
b. P
ayment 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 mad e for work which fails to meet the
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2 standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above and terminate on October 3, 2025 , unless terminated earlier in accordance with Section 1 7, below. The term of this Agreement may be extended for two (2) one (1)-year periods upon a writing executed by the City Manager and City Attorney.
4. PREVAILING WAGES
Consultant is aware of the req uirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of oth er requirements on “public works” and “maintenance” projects. If the services being performed are part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consulta nt agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failu re to comply with the Prevailing Wage Laws.
5. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, un employment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
6. OWNERSHIP OF MATERIALS
This Agreement creates a non -exclusive and perpetual license for City to copy, use, modify, reuse, or su blicense 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 subconsultants 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. Consultant represents and warrants that Consultant has the legal right to license any
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3 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.
7. INSURANCE
Consultant shall procure and maintain for the duration of the 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 the Consultant, its agents, representatives, employees or subcontractors.
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $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.
3. Workers’ Compensation insurance as required by the State of California, with Statu tory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $2,000,000 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:
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4 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).
Primary 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 self-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.
Notice of Cancellation
Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the Entity.
Waiver of Subrogation
Consultant hereby grants to Entity a waiver of any right t o 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 pr ovision 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:
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5 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 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.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an addit ional 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.
8. 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 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
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6 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 term s of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant ’s services are subject to Civil Code Section 2782.8, t he 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.
9. 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 c opyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement.
10. 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 o ther 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.
11. 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 shal l 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 o f 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
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7 reference to information disclosed by the City.
12. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
13. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Executive Director
Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, CA 92702
To Consultant: IDS Group
1 Peters Canyon Road, Suite 130
Irvine, CA 92606
ATTN: Said Hilmy, Principal/Contract Administrator
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.
14. 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
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8 or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or t he City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein.
15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant , Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegat ion or subcontract without the City’s prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City.
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. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fail s to meet the standard of performance specified in the Recitals of this Agreement.
18. 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
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9 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 comply with all applicable federal, state and local laws and regulations.
19. JURISDICTION-VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be 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.
20. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necess ary 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.
21. FUNDING-RELATED PROVISIONS
Funds from the Coronavirus State Fiscal Recovery Fund and /or the Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds (“CSLFRF”) program, will be used to fund all or a portion of this Agreement. As applicable, Consultant shall comply with all federal re quirements including, but not limited to, the following, all of which are expressly incorporated herein by reference:
a. Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the “Act”);
b. U.S. Department of the Treasury (“Treasury”) Final Rule for the Act , available at https://www.govinfo.gov/content/pkg/FR-2022-01-27/pdf/2022-00292.pdf;
c. Treasury Compliance and Reporting Guidance for the Act , available at https://home.treasury.gov/system/files/136/SLFRF-Compliance-and-Reporting-Guidance.pdf;
d. 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of the Treasury may determin e are inapplicable to the CSLFRF program and subject to such exceptions as may be otherwise provided by the U.S. Department of the Treasury;
e. Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions ; and
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10 f. Federal contract provisions attached hereto as Exhibit D and incorporated herein by reference.
Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in this Agreement. With respect to any conflict between such federal requirements and the terms of this Agreement and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control. 2 2. MISCELLANEOUS PROVISIONS
a. E
ach 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. A
ll 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 h ereto have executed this Agreement the date and year first above written.
A
TTEST: CITY OF SANTA ANA
________________________
_________________________
Kristine Ridge
Clerk of the Council City Manager
AP
PROVED AS TO FORM CONSULTANT
SONIA R. CARVALHO
City Attorney
B
y: _____________________ ____________________________
Jose Montoya Said Hilmy
Assistant City Attorney Principal/Contract Administrator RE
COMMENDED FOR APPROVAL
____________________
________
Nabil Saba, P.E.
Executive Director
Public Works Agency
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EXHIBIT A
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REQUEST FOR PROPOSALS (RFP)
FOR
PUBLIC HEALTH PLAZA AND WELLNESS PROGRAMMING
RFP NO.: 22-062
CITY OF SANTA ANA
Public Works Agency
20 Civic Center Plaza, M-36
Santa Ana, CA 92701
SEAN THOMAS
Project Manager
(714) 647-5655 Office
[email protected]
KEY RFP DATES (Subject to change at discretion of City):
Issue Date: March 31, 2022
Pre-Proposal Meeting (Not Mandatory) April 12, 2022 at 3pm at City of Santa Ana Plaza Deadline for Requests for Information: April 19, 2022
Proposal Due Date: May 04, 2022 at 2pm
Projected Award Date: June 21, 2022
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Appendix
ATTACHMENT 1
SCOPE OF WORK
City of Santa Ana RFP 22-062
Page A1-1
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
PUBLIC HEALTH PLAZA AND WELLNESS PROGRAMMING
RFP NO. 22-062
INTRODUCTION/BACKGROUND
The City of Santa Ana is soliciting proposals for Architectural/Engineering services (“the Services”) to transform the City of Santa Ana Plaza into an ADA compliant Public Health Plaza. These improvements will also include two (2) new plaza restrooms accessible from the outside and the renovation of existing restrooms inside the Council Chambers. This outdoor Public Health plaza will be utilized for a variety of purposes, not limited to the following: host COVID-19 vaccination clinics, staging area for COVID testing, health/wellness programming/training, public communication efforts, community meetings, public recreation event space, and alternative/overflow outdoor Council Meeting space. By this Request for Proposals (RFP), the City of Santa Ana is requesting proposals from firms with substantial architectural and engineering experience on similar types of public works improvements for the renovation of the City of Santa Ana Plaza and Council Chamber restrooms.
The City of Santa Ana Plaza was completed in 1972 along with City Hall. The exterior of the building facing the plaza had amazing architectural design, but was later covered up by the Ross Annex Building.
The City would like to restore some of the character lost in the previous renovation while also performing an update that better meets the evolving needs of the community. The Public Health plaza consists of 8,200 square feet of improvement, along with two (2) new restrooms and transforming the existing restrooms in the City Council Chambers into two (2) non-gender restrooms.
The City of Santa Ana Plaza is an underutilized space by the community, only being used as access to City Hall and council meetings. This renovation should revive the plaza in the most cost effective and environmentally friendly manner possible.
The City of Santa Ana Plaza will be the focal point of the project with key upgrades and expansion to the area and services that will be provided to the community. Design will include ADA compliant features as well as aesthetic enhancements.
A generalized description of areas that may be addressed with City/community/potential consultant input are as follows. See Attachment 4 for general layout of work areas.
1. City of Santa Ana Plaza – Public Health Plaza and Wellness Programming Location a. Create an ADA compliant gathering that can be used for a variety of different uses including but not limited to:
i. Employee Health/Wellness Programming
ii. Community gatherings
iii. Movie nights
iv. Overflow council meetings
v. Flex space
b. Remove existing furniture
c. Remove existing pavers
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City of Santa Ana RFP 22-062
Page A1-2
d. ADA compliant walking surface
e. Stage
f. Shade sails
g. Projector and projector screen mounted on exterior building walls h. Multiple power sources
i. New LED security and decorative lighting
j. Fencing/gates to restrict access during off hours
k. Remove all landscaping
i. Potentially keep two (2) existing trees
ii. Remove trees creating obstruction to projector and screen l. Wayfinding signage
2. Existing Breezeway – Proposed Restroom Location
a. Remove pavers
i. Install ADA compliant walking surface
ii. ADA compliance/Accessible path of travel
b. Restrooms
i. Access point to restrooms will be from outside space only ii. Restrooms will not be accessible from inside of the Council Chamber building. iii. Restrooms will be one (1) men’s restroom and one (1) women’s restroom c. Maintain path to Public Health Plaza and Wellness Programming Location d. Potentially relocate main entrance edge of restroom to create a larger council lobby.
3. Renovation of Existing Restrooms Inside Council Chambers a. Convert one (1) men’s and one (1) women’s restroom to two (2) all-gender restrooms i. Restrooms shall be ADA compliant
b. Close off access to restrooms from the Council Chamber lobby
Scope of Work
Architectural and engineering services shall consist of, but not be limited to the following: review of the Public Health Plaza and Wellness programming, prepare schematic design, construction plans and specifications, submit design documents to the City of Santa Ana staff for review and submit final design documents to the City of Santa Ana Building & Safety Division for plan check. These services also include responding to all plan check corrections until final approval has been given by Building & Safety. Finally, construction administration services during bid and construction phases would also need to be provided.
Consultant Responsibilities
The Consultant’s responsibilities shall include the following project tasks:
Consultant is responsible for providing all design and engineering as required for all components within the project scope of work. This includes but is not limited to survey, civil design, geotechnical investigation and report (for soils analysis), infiltration testing, architectural design, landscape architectural design, site improvements design, structural design, interior design, furniture selection, electrical engineering, mechanical and plumbing engineering, etc.
Consultant will also be responsible for facilitating up to three (3) meetings with City Staff to obtain input and finalize concept plan.
Consultant shall provide review sets in .pdf format.
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City of Santa Ana RFP 22-062
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Final plans shall be provided in AutoCAD or Microstation format, and .pdf format.
Task 1: Pre-Design
Preliminary design shall include Kick-off meeting with City Staff (representatives from Public Works Agency, Risk Management, Recreation, and the City Manager’s Office) to discuss scope of work, project goals and objectives, potential elements and issues, schedule, review of existing information and site investigation.
Deliverables shall include a Work Task Plan, Schedule, Geotechnical Report and Site Survey.
Task 2: Concept Design
Concept design shall include up to three (3) meetings with City Staff to brainstorm and review potential layouts.
Additionally, outreach shall be conducted in up to three (3) public meetings to provide the community an opportunity to review the concept designs and provide input. Please provide creative methods used to engage the community on needs and priorities while keeping the project on schedule. i.e. workshops, online polls.
Deliverables shall include up to three (3) schematic concept designs, with a minimum of four (4) perspective drawings/renderings for each the following: overlooking the plaza from Civic Center Plaza, plaza leading to the new restrooms, breezeway leading to Council Chambers, new restrooms outside of Council Chambers, and tenant improvement of the existing restrooms inside the Council Chambers.
Final Concept shall be approved by City Staff
Task 3: Design Development (50% plans)
Design development will involve the schematic development of plans based on the approved conceptual design plan, which shall include but is not limited to survey, civil design, geotechnical investigation and report (for soils analysis), infiltration testing, architectural design, landscape architectural design, structural design, interior design, furniture selection, electrical engineering, mechanical and plumbing engineering, draft technical specifications and “opinion of estimated cost’.
Deliverables shall include a 50% set of plans, including site section studies, draft specification, “Opinion of Probable Cost”.
Task 4: Construction Documents (90% and 100% plans)
Construction Documents (CDs) shall include finalizing approved deliverables from the Design Development phase. This includes the provision of detailed engineering and construction drawings that will serve as the basis for both bidding and construction by a general contractor.
Deliverables shall include 90% and 100% plans, structural calculations, CASP report, final technical specifications, finalized “Opinion of Probable Cost”. 100% plans will go through a constructability review that could lead to comments and recommendations that should also be addressed and completed as part of this deliverable.
Plans: Plans shall include, but are not limited to the following:
Title Sheet
Civil Engineering
o Site Erosion Plan
o Horizontal and Vertical Control Plan
o Grading And On-Site Drainage Plan
o Site Utility Plan
Landscape Architectural
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o Site Layout/Construction Plans And Details (including plumbing) o Site Sections, as applicable
o Planting Plans/Details/Notes
o Irrigation Plans/Details/Calculations/Notes
Architectural
o Demolition Plans
o Construction Plans
o Reflected Ceiling Plans
o Exterior Elevations
o Interior Elevations
o Mechanical and Plumbing Plans/T-24
o Electrical Plans, as applicable
o Architectural Details
o Structural Calculations
o Door/Window/Finish Schedules, as applicable
o ADA Path of Travel design and/or signage Plan
Structural Engineering
o Structural Design and Detailing
Mechanical Engineering & Plumbing
Electrical Engineering
o Electrical Site Plan to include walkway/parking lot lighting, irrigation o Photometrics
o Location of panels, switchgear, meters
o Schedules
o Details
o Notes, specifications
Plan Check & Permits:
Construction drawings shall be in accordance with the 2019 California Building Code and will require review/approval by the City Planning and Building Agency.
As a condition of plan check approval, plans, specifications and structural calculations must be signed by a California licensed architect / landscape architect /civil engineer/structural engineer as appropriate.
Additionally, the architect will be encouraged to identify their historic consultant to address questions and concerns related to the historical preservation of the building. Plans shall be organized so that they can be segregated cleanly for distribution to the various plan checking entities.
Construction drawings shall be submitted at 90% completion for review by Public Works CIP Engineering and revised per their comments. The 100% complete construction drawing package will then be submitted for final City review to the following City Agencies:
City Manager Office
Parks, Recreation, and Community Services Agency
Library Services Agency
Human Resources Agency
Planning and Building Agency
Public Works Agency CIP Engineering Division
The Public Works Agency Project Manager will coordinate the submittal and review process. Once complete, the consultant will revise the Contract Documents
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City of Santa Ana RFP 22-062
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Technical Specifications
Technical specifications for all components listed above shall be provided by Consultant, or their Sub- consultants, to the City in CSI (Construction Specifications Institute) format. Consultant shall coordinate language between the general and technical specifications to ensure conflicts are minimized. City Staff will combine these specifications with the City Boiler Plate which together, will become the Project Manual.
Final Opinion of Probable Cost
Consultant shall provide updated opinion of probable construction cost which shall reflect finalized plans, materials, systems, details of construction, and known or anticipated changes in the bidding market relative to the project. Should project scope exceed available budget, project plans/specifications will be phased as appropriate.
Task 5: Bid Advertisement, Construction Administration, Record Drawings:
Bid Advertisement
Consultant shall provide support to the City during the Bidding phase by assisting with questions, requests for information/clarification, or conflicts arising out of the bidding process. Consultant shall also attend pre-bid meeting, if scheduled.
Construction Administration
Consultant shall provide support to the City during the Construction Administration phase by assisting with questions, requests for information/clarification, and/or reviewing submittals.
Record Drawings / As-built Plans:
Upon construction completion, consultant shall incorporate as-built information, as provided by the General Contractor, into the drawing files to provide record drawings for City archives.
Fee Proposal:
In addition to Section IV.B.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured to correspond to the above mentioned tasks as follows:
Task 1: Pre-Design
Task 2: Concept Design
Task 3: Design Development
Task 4: Construction Documents
Task 5: Bid Advertisement, Construction Administration, Record Drawings
Total Fee: _____________
Fee schedule for each task should include an hourly breakdown that corresponds to the task total.
City Responsibilities
The City will be responsible for the following items:
Provision of available plans and existing documentation on file. Provision of electronic design file with City title block and title sheet (24" x 36") Provision of standard City boilerplate specifications. Acting as liaison with the appropriate decision making bodies, as necessary. Coordination and processing of plans and documents with governmental agencies having
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jurisdiction over the project.
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Appendix
ATTACHMENT 4
PROJECT ATTACHMENTS
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Page A4-2
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EXHIBIT B
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City of Santa Ana
Public Health and
Wellness Programming
1 Peters Canyon Road, Suite 130 | Irvine, California 92606 | T: (949) 387-8500 | www.idsgi.com RFP # 22-062
May 4, 2022
Proposal for
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2. Scope of Services and Schedule
2. Scope of Services and Schedule
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City of Santa Ana | Public Health and Wellness Programming RFP No. 22-062