3 2
1 6
EXHIBIT(S)
1. Field Renovation Schedule 2023-2024
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council
10 –
2 2/7/2023
Park Site District Proposed Renovation Dates NOTES:
1 Windsor 4 January 9, 2023 - March 13, 2023 Work delayed one week due to rain. 2 Jerome #1 4 January 16, 2023 - March 13, 2023 Work delayed one week due to rain. 3 Jerome #2 4 January 16, 2023 - March 13, 2023 Work delayed one week due to rain. 4 Jerome #3 4 January 16, 2023 - March 13, 2023 Work delayed one week due to rain. 5 Bomo 3 February 20, 2023 - April 17, 2023
6 Lillie King 3 May 1, 2023 - July 3, 2023
7 Memorial #1 3 May 30, 2023 - August 7, 2023
8 Memorial #2 3 May 30, 2023 - August 7, 2023
9 Memorial #3 3 May 30, 2023 - August 7, 2023
10 Memorial #4 3 May 30, 2023 - August 7, 2023
11 Angels 1 June 5, 2023 - August 14, 2023
12 Campesino 1 July 5, 2023 - September 13, 2023
13 Centennial #5 4 July 5, 2023 - September 6, 2023
14 Centennial #6 4 July 5, 2023 - September 6, 2023
15 Griset Park 3 July 12, - September 11, 2023
16 Riverview #1 1 July 10, 2023 - September 11, 2023
17 Riverview #2 1 July 10, 2023 - September 11, 2023
18 Riverview #3 1 July 10, 2023 - September 11, 2023
19 Riverview #4 T-Ball 1 July 10, 2023 - September 11, 2023 20 Adams 3 July 31, 2023- October 2, 2023
21 Delhi Soccer Field 3 August 1, 2023 - October 9, 2023 22 Delhi Baseball Field 3 August 1, 2023 - October 9, 2023 23 Santiago Ball Diamond 2 September 5, 2023 - November 6, 2023 24 Santiago K-9 2 September 5, 2023 - November 6, 2023
25 El Salvador N Field 1 September 11, 2023 - Novermber 20, 2023 26 El Salvador S Field 1 September 11, 2023 - Novermber 20, 2023 27 El Salvador T-Ball 1 September 11, 2023 - Novermber 20, 2023 28 Morrison 1 October 2, 2023 - December 4, 2023
29 Rosita 1 October 30, 2023 - December 11, 2023
30 Portola 2 October 9, 2023 - Decembe 11, 2023
31 Heritage 4 October 16, 2023 - December 18, 2023
32 Cabrillo 3 November 6, 2023 - January 8, 2024
33 Thornton #1 4 December 4, 2023 - February 5, 2024
34 Thornton #2 4 December 4, 2023 - February 5, 2024
35 Thornton Practice Field 4 December 4, 2023 - February 5, 2024 36 Madison #2 3 December 11, 2023 - February 13, 2024
37 Madison #3 T-Ball December 11, 2023 - February 13, 2024 38 DYSF Field #1 4 No date. To be converted to a synthetic field. 39 DYSF Field #3 4 No date. To be converted to a synthetic field.
Sports Field Renovation Schedule
2023 - 2024
*Dates subject to change due to unforeseen conditions or special circumstances.
EXHIBIT 1
City Council
10 –
3 2/7/2023
Public Works Agency
www.santa-ana.org/public-works
Item # 11
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 7, 2023
TOPIC: Trash Enclosure Update
AGENDA TITLE
Receive and File Trash Enclosure Update
RECOMMENDED ACTION
Receive and file Trash Enclosure Update informational report.
DISCUSSION
At the January 17, 2023 meeting, the City Council approved an appropriation adjustment to recognize State of California Resources, Recycling & Recovery (CalRecycle) Senate Bill (SB) 1383 Local Assistance Grant Program grant funds in the amount of $435,450.00 in the PWA Refuse Enterprise. SB 1383 requires implementation of organics recycling by customers that generate a specified amount of organic waste utilizing a separate container. This grant provides funding specifically for SB 1383 program implementation, including personnel for technical assistance and fieldwork, in addition to public education, outreach, and organics equipment.
Section 41-623 of the Santa Ana Municipal Code (SAMC) requires trash enclosures as part of new commercial or industrial development, new residential development consisting of three or more units, or when certain specifications are met in the improvement or expansion of existing buildings (Sections 41-681.1 through 41-681.4 of the SAMC). The Planning and Building Agency does not require or enforce the construction of trash enclosures outside of these requirements.
CalRecycle does not mandate that all trash and recycling containers be located in a trash enclosure. Public Works Agency (PWA) staff has confirmed that there are no grant funds available for multifamily customers who choose to modify their trash enclosures to accommodate SB 1383 containers.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency
City Council
11 –
1 2/7/2023
Receive and File Trash Enclosure Update
February 7, 2023
3 2
3 5
Approved By: Kristine Ridge, City Manager
City Council
11 –
2 2/7/2023
Community Development Agency
www.santa-ana.org/community-development
Item # 12
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 7, 2023
TOPIC: Housing Division Quarterly Report
AGENDA TITLE:
Quarterly Report for Housing Division Projects and Activities for the period of October 1, 2022 to December 31, 2022.
RECOMMENDED ACTION
Receive and file the Quarterly Report for Housing Division Projects and Activities for the period of October 1, 2022 to December 31, 2022
DISCUSSION
This report for the quarter ending on December 31, 2022 provides statistics for all of the affordable housing projects and activities for the Housing Division. The report is divided into seven sections: Loan Activity, Loan Portfolio Management and Monitoring, Density Bonus Housing Agreements, Development Impact Fee Deferral Agreements, Rent Stabilization, Affordable Housing Funds and Commitments, and Development Projects.
Loan Activity
Applications
The Housing Division offers several different programs including down payment assistance for first-time homebuyers, and rehabilitation grants for mobile homes and single-family homes. Inquiries are received from the public and applications are mailed out, received, and approved for these programs on a continual basis. Table 1 shows the number of inquiries, and applications sent out, received, and approved by type for the quarter and for the total fiscal year:
Table 1: Applications Sent Out, Received & Approved
Inquiries Applications
Sent Out
Applications
Received
Applications
ApprovedProgram
Q2 Total
FY Q2 Total
FY Q2 Total
FY Q2 Total
FY
Residential Rehabilitation
Grant Program 10 80 0 50 0 25 14 14
City Council
12 –
1 2/7/2023
Housing Division Quarterly Report
February 7, 2023
3 2
1 9
Homeownership / Down
Payment Assistance
Program
65 96 65 96 3 8 3 6
Loan Subordinations 0 0 0 0 0 0 0 0
The number of applications received is typically lower than the number of applications sent out in any given period due to the stringent program guidelines for eligibility regulated by the federal government, which makes it difficult for most applicants to qualify.
The City of Santa Ana’s Residential Rehabilitation Grant Program is designed to improve and preserve affordable housing through the use of federal Community Development Block Grant (CDBG) funds. The Program is administered by Habitat for Humanity of Orange County on behalf of the City. The program provides grants of up to $25,000 for eligible home repairs for low-income homeowners at or below 80% of the Area Median Income (AMI) as defined by the U.S. Department of Housing and Urban Development (HUD). Eligible activities include the repair, replacement, and/or installation of major systems including plumbing, heating, electrical, windows, roof, paint, and handicap accessibility. A total of one (1) rehabilitation project has been completed during this quarter.
Down Payment Assistance Loan Program Progress
For the Down Payment Assistance Loan Program (DPAP), staff evaluates applicant eligibility and oversees underwriting to ensure compliance with program guidelines and requirements established by HUD. During this quarter, staff conducted three (3) down payment assistance virtual workshops via Zoom with a total of 73 attendees. Three (3) down payment assistance loan applications were approved and two (2) closed escrow.
One application will close escrow in early January.
Staff conduct monthly workshops together with NeighborWorks of Orange County every second Tuesday of the month. In addition to these workshops, staff participated in two workshops with real estate professionals in collaboration with NeighborWorks of Orange County. In total, 34 professionals attended the workshops to get information on how to assist their clients with moving forward with the City’s down payment assistance program.
Loan Portfolio Management & Monitoring
The Housing Division is responsible for managing the residential loan portfolio, which includes all of the loans entered into by the City and Housing Authority acting as the Housing Successor Agency. As of the end of the second quarter, the principal balance was $144,841,882. This is comprised of 344 loans, 319 of which are deferred or residual receipt payment loans. As shown in Table 2, the loan portfolio generated $369,210.43 in payments of principal and interest during the second quarter. The amount of residual receipts payments changes every quarter.
City Council
12 –
2 2/7/2023
Housing Division Quarterly Report
February 7, 2023
3 2
1 9
Table 2: Portfolio Revenue
Funding Source
HOME CDBG Redevelopment NSP CalHOME Inclusionary
Loan Payoffs $0 $0 $18,028.27 $0 $0 $0
Residual Receipts
Payments $285,586.49 $0 $37,689.00 $0 $0 $0
Amortized Loan
Payments $1,335.45 $5,416.01 $20,955.21 $0 $200.00 $0
Total for Q2 $286,921.94 $5,416.01 $76,672.48 $0 $200.00 $0 Monitoring
As part of the requirements for these loans, staff must monitor the owner-occupancy of single-family homes that have received loans, and the building code compliance of units in rental projects with long-term affordability covenants. During this quarter, 54 owner- occupancy recertification letters were mailed and 45 were returned and processed. This number includes letters sent from previous months. Staff also conducted a total of 58 inspections during this quarter.
Density Bonus Housing Agreements
The California Density Bonus law allows developers proposing five or more residential units to seek increases in base density for providing on-site housing units in exchange for providing affordable units on site. To help make constructing on-site affordable units feasible, the law allows developers to seek up to three incentives/concessions and an unlimited number of waivers, which are variances from development standards that would help the project be built without significant burden and without detriment to public health. The first version of the Density Bonus Law was adopted in 1979 and has since been amended at various times. Recent revisions allow affordable housing developers to request incentives/concessions and/or waivers for 100-percent affordable developments, even if they do not require a numerical density bonus. Moreover, in early 2017, the law was amended to restrict the ability of local jurisdictions to require studies to “justify” the density bonus, and requests incentives/waivers and places the onus on local jurisdictions to prove that the incentives/concessions or waivers are not financially warranted.
As of the date of this report, the City of Santa Ana has entered into the following Density Bonus Housing Agreements:
Date of
Agreement
Developer or Housing
Development
Housing Development
Address Affordable Units
October 2018
Metro East Senior Park,
aka, Santa Ana Senior
Associates
2222 E. First St.
415 Rental units restricted
for Very Low Income and
Low Income or Senior
Tenants
August 2018
First Point I & II
Apartments, aka, Santa
Ana Pacific Associates
2110, 2114 and 2020 E.
First St.
547 Rental units restricted
for Very Low Income and
Low Income Tenants
November 2019 The Rafferty, aka, QOZB
III, LLC 114 & 117 E. Fifth St.
11 Rental units restricted
for Very Low Income
Tenants
City Council
12 –
3 2/7/2023
Housing Division Quarterly Report
February 7, 2023
3 2
1 9
August 2022 Brandywine Acquisition
Group 1814 & 1818 E. First St.
4 Townhomes restricted
for sale to Moderate-
Income Buyers
Development Impact Fee Deferral Agreements
Development impact fees are a one-time charge to new developments imposed under the Mitigation Fee Act. These fees are charged to new developments to mitigate impacts resulting from the development activity and cannot be used to fund existing deficiencies. This means that for improvements that benefit existing as well as new development, impact fees can only pay for the portion of the improvement that benefits the new uses. Impact fees must be adopted based on findings of a reasonable relationship between the development paying the fee, the size of the fee, and the use of fee revenues. Development impact fees do not require voter approval and are commonly used by cities to address the impact of new development on schools, parks, transportation, etc.
Prior to issuance of any building permits, the City currently requires the payment of various development impact fees. However, affordable housing developers may submit a written request formally requesting the deferral of specific development impact fees for their property pursuant to California Government Code section 66007. The City and owner then execute a Development Impact Fee Deferral Agreement to defer certain development impact fees applicable to the property and place a lien on the property to secure payment of these fees, which are due before the issuance of the certificate of occupancy or the final building check. As of the date of this report, the City has entered into the following outstanding Development Impact Fee Deferral Agreements that are pending payment:
Date of
Agreement Developer Housing Development
Address
Estimated Total Fees
Due
October 2019
Santa Ana Pacific
Associates & Santa Ana
Pacific Associates II
2110, 2114 and 2020
E. First St. $4,121,986
December 2021 Shelter Providers of
Orange County
802, 809, 809 ½ East
Santa Ana Blvd. $510,000
July 2022 Washington Santa Ana
Housing Partners
1126 &1146 E.
Washington Ave. $652,717
Rent Stabilization (Previously Referred to as Renter Protections) Effective November 18, 2022, City Council adopted an amended Rent Stabilization and Just Cause Eviction Ordinance that included a number of changes. The amended Rent Stabilization and Just Cause Eviction Ordinance expands the administration and enforcement of renter protections for Santa Ana residents by establishing a rental housing board and a rental registry program. The amended Ordinance also includes additional petitions for tenants and landlords, voluntary mediation services, and other enhancements.
The City has prepared user-friendly information on the Ordinance for both tenants and landlords on the City’s webpage, including a detailed summary of changes to the
City Council
12 –
4 2/7/2023
Housing Division Quarterly Report
February 7, 2023
3 2
1 9
Ordinance and answers to Frequently Asked Questions in English, Spanish and Vietnamese. Over the next several months, staff will be providing updates to tenants and landlords on the implementation of the amended Ordinance. Tenants and landlords are encouraged to sign up to receive the latest updates.
During this quarter, staff and RSG fielded calls from the public and provided information and education to renters and property owners on the City’s Rent Stabilization and Just Cause Eviction Ordinance. A breakdown of the number of inquiries is as follows:
The City requires that when changing the terms of a tenancy, an owner must submit proof of service to the City as evidence that the owner has complied with noticing requirements. A breakdown of the number of notices received is as follows:
The City regularly disburses important updates and information to Santa Ana residents.
During this quarter, staff informed the public of programmatic updates via social media and email distribution lists, reaching a total of 132,435 Santa Ana residents.
Available Funds and Land Assets for Affordable Housing Development Projects The City of Santa Ana and the Housing Authority acting as the Housing Successor Agency manages multiple sources of local, state and federal funds to develop affordable housing. Exhibit 1 provides a summary of the funds available as of December 31, 2022.
Affordable Housing Opportunity and Creation Ordinance
On-Site Development:
Since 2011, a total of 33 units have been developed on-site as a result of the Affordable Housing Opportunity and Creation Ordinance, including 23 ownership units for-sale and 10 rental units:
Units Built On-Site
Ownership Rental Total
23 10 33
Month # of Inquiries
October 2022 77
November 2022 54
December 2022 72
Total 203
Month # of Notices
October 2022 40
November 2022 53
December 2022 63
Total 156
City Council
12 –
5 2/7/2023
Housing Division Quarterly Report
February 7, 2023
3 2
1 9
In-Lieu Fees Generated:
All in-lieu fees, penalties and other monies collected pursuant to the Ordinance, including interest, are deposited into the Inclusionary Housing Fund. Since inception, the Inclusionary Housing Fund has generated $28,443,446 to be used for the development of housing affordable to low- and moderate-income households, with a reasonable amount spent on administrative or related expenses associated with the administration of the Ordinance. In-lieu fees generated have been used to develop new affordable housing opportunities, provide emergency shelter, and create homeownership opportunities. Below is a summary of how in-lieu fees have been used by the City:
Project Inclusionary Housing
Funds SPENT # of Units Address
Santa Ana Arts
Collective $4,775,000 57 1666 N. Main Street
La Placita Cinco $1,300,000 50 2239 West 5th Street
The Link Interim
Emergency Shelter $4,140,295 N/A 2320 S Redhill Avenue
Westview House $1,514,113 84 2530 and 2534
Westminster Avenue
Habitat for Humanity
“Lacy & Vance” $565,271 2 826 N. Lacy Street &
830 N. Lacy Street
TOTAL $12,294,679 193
Project Inclusionary Housing
Funds COMMITTED # of Units Address
Habitat for Humanity
“Washington Street” $2,200,000 6 1921 W. Washington
Ave.
WISEPlace Steps to
Independence Public
Service Program
$90,000 N/A N/A
Down Payment
Assistance $1,250,000 N/A N/A
WISEPlace PSH Pre-
Commitment Loan $484,000 48 1411 N. Broadway
TOTAL $4,024,000 54
During this quarter, no additional inclusionary housing In-lieu fees have been received.
City Council
12 –
6 2/7/2023
Housing Division Quarterly Report
February 7, 2023
3 2
1 9
Affordable Housing Development Projects
There are five (5) affordable housing projects under construction, and three (3) affordable housing projects in pre-development. Below is a brief summary and status- update for each project. Exhibit 2 provides a development timeline for each project. The most recent RFP for Affordable Housing Development was issued on December 8, 2021 and closed on February 28, 2022. WISEPlace Permanent Supportive Housing and Habitat for Humanity of Orange County were awarded pre-commitment letters.
Projects under Construction
Legacy Square (609 N Spurgeon Street)
Developer National Community Renaissance with Mercy House as the service provider Description
New construction of a 100% affordable multifamily apartment complex consisting of 92 units of rental housing and one (1) manager’s unit. All units will be affordable to households earning less than 60% AMI of which 33 units will be set-aside for permanent supportive housing.
Authority
Funds Eight (8) Project-Based Vouchers (PBVs)
Update
Construction is currently underway and on schedule. All units are in the finish stages on all floors, fire alarm fixtures are being installed, common areas’ finish materials are being installed. The solar panels and roofing are completed. Landscape on the podium is complete. Patio wall on the ground floor are ongoing and getting ready for flatwork. Offsite demo is complete.
All electrical meters have been released and waiting for SCE final installation and power to buildings. Fire has signed off on all floors and final inspection will take place once they have power. The estimated completion date is February 2023.
North Harbor Village (1108 N Harbor Boulevard)
Developer Jamboree Housing Corporation
Description Acquisition and rehabilitation of a former motel yielding 89 units of permanent supportive housing.
City / Authority
Funds
CDBG ($1,687,047); Eight-nine (89) PBVs consisting of 34 HUD-VASH PBVs and 55 non HUD-VASH PBVs.
Update
Construction is currently underway. Recent activities include replacing the fire sprinkler system, adjusting roof drains, CMU + Lattice work, coordination with neighbors for work alongside PL, setting the new stairs, framing on new community building, adding electrical to bldg. A, bldg. B, and bldg. C. Due to the additional construction work, the estimated completion date is May 2023.
Westview House (2530 Westminster Avenue)
Developer Community Development Partners with Mercy House as the service provider Description New construction of an affordable multifamily apartment development consisting of 85 units of both large family and PSH units with one (1)
City Council
12 –
7 2/7/2023
Housing Division Quarterly Report
February 7, 2023
3 2
1 9
manager’s unit. Twenty-six of the units will be funded by Mainstream Program PBVs and Mental Health Services Act (MHSA) funds through the No Place Like Home (NPLH) program.
City / Authority
Funds
Inclusionary Housing ($1,514,113), HOME Investment Partnerships Program ($2,003,705), Rental Rehabilitation Program ($386,523), and twenty-six (26) Mainstream Program PBVs
Update
Grading activities have been completed and concrete has been poured. A groundbreaking ceremony was held on November 2, 2022. The next project milestone is framing completion. Completion of the project is anticipated in February 2024.
Crossroads at Washington (1126, 1136 and 1146 E Washington Avenue) Developer The Related Companies of California (TRCC) with A Community of Friends (ACOF) as co-developer and lead service provider
Description
New construction of a 100% affordable multifamily apartment complex consisting of 85 units of rental housing and one (1) manager’s unit. All units will be affordable to households earning less than 30% AMI of which 43 units will be set-aside for permanent supportive housing.
City / Authority
Funds
HOME Investment Partnerships Program ($3,007,489), Neighborhood Stabilization Program ($1,637,420), sixty-five (65) year ground lease agreement for 1126, 1136 and 1146 E. Washington Avenue (Appraised Value as of September 22, 2019: $4,108,136) and Fifteen (15) PBVs Update Building foundations were poured and framing began in November and December.
Habitat for Humanity (826 N. Lacy & 830 N Lacy Street)
Developer Habitat for Humanity of Orange County
Description New construction of two single-family detached homes for homeownership serving households up to 120% AMI.
City / Authority
Funds
Inclusionary Housing ($565,271) and a 99-year ground lease agreement for 416 Vance Street and 826 N. Lacy Street (Appraised Value as of Oct 25, 2018: $578,000)
Update
Construction is underway and foundations and underground utilities were completed in October 2022. A Framing Day Event was held on Friday, October 28, 2022. Many members of the community along with City staff attended the ceremony. In addition, there were over 50 volunteers from city staff and the community who came together to raise the walls on the homes.
Following Framing Day, the site has been open, Wednesday through Saturday, to regularly scheduled volunteers. Volunteer opportunities will be offered throughout the duration of the build. Framing was completed by volunteers in December 2022.
Projects in Pre-Development
FX Residences (801, 809, 809 ½ E Santa Ana Boulevard)
Developer HomeAid Orange County, Inc. with Mercy House as the service provider
City Council
12 –
8 2/7/2023
Housing Division Quarterly Report
February 7, 2023
3 2
1 9
Description New construction of an affordable multifamily apartment complex consisting of 16 units of permanent supportive housing, and one (1) manager’s unit.
City / Authority
Funds
Housing Successor Agency ($1,656,947), three (3) PBVs, 99-year ground lease agreement for 801 E. Santa Ana Blvd. (Appraised Value as of Oct 25, 2018: $788,000)
Update
Closing calls for current lenders of the project began in July 2022. HomeAid and the predevelopment team for FX Residences submitted for a 2nd plan check on the building plans in early October. The FX team will be submitting for a 3rd plan check in January 2023. The street improvement and underground plans were submitted at the end of October. Awaiting comments from Improvement/Encroachment plans from the city. HomeAid and Builder Captain City Ventures expect to pull permits by the end of the 1st quarter of 2023 and break ground on the project early in the 2nd quarter of 2023. Completion of the project is estimated by the 3rd quarter of 2024.
WISEPlace Permanent Supportive Housing (1411 N Broadway) Developer Jamboree Housing Corporation with WISEPlace as the co-developer and lead service provider
Description Adaptive reuse and new construction of the WISEPlace building to provide 48 permanent supportive housing units, and one (1) manager’s unit.
City / Authority
Funds HOME-ARP ($5,256,327); Twenty-five (25) PBVs
Update
The developer has obtained all of their soft funding commitments from the City of Santa Ana, Orange County Housing Finance Trust, and the County of Orange. The developer applied to TCAC for competitive 9% tax credits in June 2022. The project was officially awarded tax credits in September 2022. Jamboree and Y&M (the project architect) submitted for their first plan check in December 2022.
Habitat for Humanity (1921 W Washington Avenue)
Developer Habitat for Humanity of Orange County
Description New construction of three duplexes / 6 homes for homeownership serving households up to 80% AMI.
City / Authority
Funds Inclusionary Housing Funds ($2,200,000)
Update
On November 15, 2022, the City Council authorized and approved issuance of a pre-commitment letter evidencing the preliminary award of $2,200,000 in Inclusionary Housing Funds for Habitat for Humanity (Habitat). In December 2022, Habitat submitted a Conceptual Site Plan and Project Description to the Planning and Building Agency to evaluate the project and determine if any discretionary action is needed, which will then inform whether the Sunshine Ordinance is triggered for a community meeting. In addition, Habitat submitted the Conceptual Site Plan, Project Description and Aerial view of the lot to the City’s Permit Services to start the process of obtaining a Demolition Permit for the existing structure on the lot. Habitat also contracted with a demolition company and documentation has been submitted to SCAQMD. Notification from SCAQMD is pending.
City Council
12 –
9 2/7/2023
Housing Division Quarterly Report
February 7, 2023
3 2
1 9
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. Available Funds for Affordable Housing Development Projects
2. Project Timelines
Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Kristine Ridge, City Manager
City Council
12 –
10 2/7/2023
Available Funds for Affordable Housing Development Projects As of December 31st, 2022
Housing Successor Agency (Housing Authority)
$4,998,457 Cash on Hand
($1,656,947) Frances Xavier Residence Project Pre-Commitment Loan 1 ($250,000) Administrative Costs Allowance 2
($2,771,241) Administrative Costs Allowance for Future Fiscal Years 3 ($307,386) Crossroads at Washington Option Agreement Amendment 4 ($12,883) Crossroads at Washington Environmental Assessment Oversight 5 $0 Available Funds
Inclusionary Housing Funds
$13,987,528 Cash on Hand
($1,170,000) Down Payment Assistance Program 6
($56,527) Lacy Street Project Grant 7
($151,411) Westview House Loan 8
($37,500) Westview House Project Cost
($11,544) WISEPlace Steps to Independence Program Agreement 9 ($2,200,000) 1921 W. Washington Project Pre-Commitment 13 ($484,000) WISEPlace PSH Pre-Commitment Loan 12
($2,677,299) Administrative Costs Allowance (CDA/PBA)
$7,199,247 Available Funds
HOME Program
$6,504,381 Funds to Drawdown
($300,749) Crossroads at Washington Loan 10
($200,371) Westview House Loan 8
$6,003,261 Available Funds to Drawdown
HOME-American Rescue Plan Program (PSH Projects Only)
$5,256,327 Funds to Drawdown
($5,256,327) WISEPlace PSH Pre-Commitment Loan 12
$0 Available Funds to Drawdown
CDBG Program (Acquisition/Rehabilitation Projects Only) $4,690 Funds to Drawdown
$4,690 Available Funds to Drawdown
Rental Rehabilitation Grant Program
$48,502 Cash on Hand 11
($38,652) Westview House Loan 8
$9,850 Available Funds
$13,217,048 Total Available Funds
1 Approved by Housing Authority on January 15, 2019. Additional $587,000 approved by Housing Authority on December 7, 2021. 2 The Housing Successor Agency relies on available cash to fund the monitoring and compliance functions related to the former Redevelopment Agency's housing loans. 3 Funds to be set aside for compliance and monitoring requirements due to uncertainty of future repayment revenues. 4 Approved by Housing Authority on December 15, 2020. Additional $150,000 maximum approved by Housing Authority on August 1 7, 2021 (2nd Amendment to Option Agreement). 5 Approved by Housing Authority on July 20, 2021.
6 $400,000 originally approved by City Council on March 6, 2018. Nine loans paid through end of September 2021. Additional $1,200,000 approved by Council on November 2, 2021. 7 Approved by City Council/Housing Authority on March 5, 2019. Additional $333,777 approved by City Council on April 6, 202 0. 8 Approved by City Council on May 17, 2022.
9 Approved by City Council on April 7, 2020.
10 Approved by City Council on June 21, 2022.
11 Old program income available after close out of program with HUD. 12 Approved by City Council on June 21, 2022.
13 Approved by City Council on November 15, 2022.
Exhibit 1
City Council
12 –
11 2/7/2023
EXHIBIT 2
Current Affordable Housing Development Project Timelines Projects Under Construction
Legacy Square – 609 North Spurgeon Street
Aug 18 Santa Ana CDA Funding Application
Dec 18 Applied for NPLH and SNHP Funds
Jan 19 Santa Ana funding award
Feb 19 Planning entitlements approved
Feb 19 Applied for Round 4 AHSC Funding
May 19 Award of SNHP funds
Jul 19 Applied for Round 1 MHP
Nov 19 Applied for State 4% tax credits
Jan 20 Construction drawings (8-12 weeks)
Feb 20 Apply for Round 5 AHSC funding
May 20 Apply for 4% tax credits
May 20 Plan check (12-16 weeks)
Jun 20 Award of AHSC funds
July 20 Award of 4% Tax Credits
July 20 Award of Tax-Exempt Bonds
May 20 Plan Check (12-16 weeks)
Jan 21 Building permit issuance
Feb 21 Construction closing/syndication
Feb 21 Begin construction (24 months)
Jul 21 Groundbreaking Ceremony
Mar 22 Press Release announcing 5 Community Workshops for Lease Up information Apr 22 Framing complete
May 22 Roofing to start
July 22 Elevator Cab delivery
Sept 22 Interior painting, and flooring &HVAC getting installed Oct 22 Production insulation and Building Inspection of the Community Room and Leasing Office
Jan 23 Fire signed off on all floors, solar panels and roofing completed, all units in the finish stages. Landscape on podium complete
Feb 23 Construction complete
June 23 100% fully leased (4 months)
North Harbor Village – 1108 N. Harbor
Mar 19 Start of design development
Mar 19 Applied to FHLBSF for AHP Financing ($890,000)
Mar 19 Award of VASH Vouchers & City Loan by City Council (89 Vouchers and $1,687,047)
Mar 19 Start environmental approval process with City of Santa Ana (CEQA/NEPA) Mar 19 Applied for Home Depot Grant ($500,000)
Jun 19 CEQA / NEPA Approval – City of Santa Ana
Jun 19 AHP Award Date ($890,000)
Aug 20 Applied to HCD for MHP 1st Round Funding ($13,316,412)
City Council
12 –
12 2/7/2023
EXHIBIT 2
Dec 19 Notified project did not receive 1st Round MHP funding Feb 20 Applied to HCD for VHHP Funding ($10,000,000)
Mar 20 Applied to HCD for MHP 2nd round funding
Mar 20 Applied to OCHFT Financing ($2,292,920)
May 20 Notified project did not receive 2st Round MHP funding May 20 Received OCHFT funding award ($2,292,920)
Jun 20 Received VHHP funding award ($10,000,000)
Jun 20 Submitted Plans for Ministerial Design Approval
Jun 20 Applied for CDLAC tax-exempt bond allocation ($24,000,000) Jul 20 Applied for TCAC 4% competitive state and federal tax credits ($9,896,911) Sept 20 CDLAC Allocation
Nov 20 Ministerial Design Approval (upon completion of community meeting on 11/4/2020)
Oct 20 TCAC Allocation
Oct 20 Start construction documents for rehab
Nov 20 Submit first plan check
Dec 20 Awarded Home Depot Grant
Jan 21 Receipt of first plan check comments
Jan 21 Submit second plan check
Feb 21 Receipt of second plan check comments
Feb 21 Submit third plan check
Mar 21 Received permit ready
Apr 21 Construction loan closing
Apr 21 Pull Permits and start construction
May 21 Site Demolition
Dec 21 Work on mock up units begins
Jun 22 Structural retrofitting and repairs
July 22 Roofing and Framing
Aug 22 Stock drywall & Inspections
Aug 22 Gutter, Awning and Painting & installation of stairs Oct 22 OCHFT Loan finalized
Apr 23 Interior refurbishments & finishes
Apr 23 Complete Flooring
Feb 23 Start of Lease up
May 23 Construction Completion
May 23 Final Cleaning
Aug 23 Full occupancy
Westview House – 2530 Westminster Avenue
Oct 19 City of Santa Ana RFP submittal
May 20 OC 2020 Supportive Housing NOFA Submittal
Dec 20 OC 2020 Supportive Housing NOFA award
Jan 21 City of Santa Ana PBV Award
Jan 21 Construction/permanent debt commitments
Jan 21 Receive Entitlements
Jan 21 No Place Like Home application
Mar 21 OCHFT application
City Council
12 –
13 2/7/2023
EXHIBIT 2
May 21 OCHFT Award
Jun 21 No Place Like Home commitment
Sep 21 CDLAC/TCAC 4% application
Dec 21 CDLAC/TCAC 4% award
May 22 Close on construction financing
Jun 22 Construction permits issued
Jun 22 Construction start
Nov 22 Groundbreaking Ceremony
Dec 22 Grading activities completed and concrete poured Feb 24 Construction complete
July 24 All units Leased
Nov 24 Perm Debt Conversion
Crossroads at Washington – 1126,1136 and 1146 E. Washington Avenue Aug 19 Submitted PSH application to County
Oct 19 Submitted for Planning entitlements
Oct 19 Community meeting
Nov 19 Approval of Joint Powers Agreement, Option to Ground Lease, Voucher Resolution and Cooperation Agreement, and Regional Housing Needs Assessment (RHNA) Agreement and Density Bonus
Dec 19 NEPA EA City Approval – City of Santa Ana submits NEPA EA to HUD Feb 20 PSH Funds and Voucher approval from County Board of Supervisors Feb 20 Planning entitlements approved
Mar 20 TCAC 9% Application – 1st Round 2020
Jul 20 TCAC FCAA/9% Application – 2nd Round 2020
Oct 20 TCAC FCAA/9% Award – 2nd Round 2020
Mar 21 Submitted OCHFT PSH NOFA Application
May 21 OCHFT PSH NOFA Award
Dec 21 Submit DTSC Equitable Community Revitalization Grant (ECRG) Pre- Qualifying Application
Feb 22 Submit for 1st plan check
Mar 22 DTSC approves draft Removal Action Workplan; draft Removal Implementation Plan under review
Apr 22 DTSC ECRG Full Application
Jul 22 DTSC ECRG Award
Jul 22 City issues permit ready letter
Jul 22 Construction finance closing/Start construction
Nov 22 Building foundation complete
Dec 22 Framing began
Dec 23 Construction complete
Apr 24 Full occupancy
Habitat for Humanity – 826 N. Lacy Street & 830 Lacy Street May 20 DDA signed
June 20 Prepare grading plans
Oct 20 Prepare architectural plans
City Council
12 –
14 2/7/2023
EXHIBIT 2
Oct 20 Submit Neighborhood Review Application
Feb 21 Final Approval from Historic French Park Committee Apr 21 Submit Site Review Application
Dec 21 Submit grading/ Non-Priority WQMP
Jan 22 Submit architectural plans
May 22 Planning Commission Approval
Jul 22 Grading permit issued
Aug 22 Groundbreaking
Aug 22 Building Permits issued
Aug 22 Commence Grading
Sep 22 Begin Foundation Construction
Oct 22 Framing Ceremony/Framing Construction Begins
Dec 22 Framing completed
Aug 23 Anticipated Construction completion
Aug 23 Certificate of Occupancy/Closings
Projects in Pre-Development
FX Residences – 801, 809, 809 ½ E. Santa Ana Boulevard
Jan 19 Council approval for land lease and project funding Jan 19 Submittal of application for NPLH funding
Feb 19 Confirm with City staff that project site can yield additional units under existing zoning
Mar 19 Revise conceptual drawings for additional 5 units (17 total units, up from the original 12 units)
Mar 19 SNHP funding application submitted to County
Apr 19 City staff to review revised conceptual design
Apr 19 Begin development agreement
May19 Board of Supervisors meeting for SNHP funding
Jul 19 Execute Development Agreement
Jul 19 Formal awards letters for NPLH funding to be issued Aug19 Initial planning submittal
Sept19 Sunshine Ordinance Meeting
Mar 21 Planning Commission Meeting (ministerial approval of density bonus) Oct 21 Submit for first plan check
Dec 21 City Council Meeting (ministerial approval of density bonus) Dec 21 City Council approval of additional $587,000 for construction costs Feb 22 Building permit submittal
Mar 22 Received 1st set of comments back from Plan Check, consultants working on responses.
Jul 22 FX Funding Closing Meetings begin, 2nd Building Plan Submittal Aug 22 Building and Grading comments being addressed Oct 22 Construction Funding Closing process is underway Dec 22 Dry closed funding for CalHFA/SNHP and City of Santa of Santa Ana Jan 23 Remaining construction funding loans will close Mar 23 Pulling of permits for project
City Council
12 –
15 2/7/2023
EXHIBIT 2
Mar 23 Construction Begins
Nov 24 Anticipated Completion of construction
Dec 24 Lease up units (3 months)
WISEPlace Permanent Supportive Housing – 1411 N. Broadway May 19 Start of conceptual design development
Sept 19 Applied to City of Santa Ana for Financing
Feb 20 Notified not awarded City of Santa Ana Financing Mar 20 Applied to Orange County Housing Finance Trust (OCHFT) Financing Apr 20 Met with City of Santa Ana Planning Staff on entitlements May 20 Notified not awarded OCHFT Financing
Jun 21 Met with City of Santa Ana staff to review revised conceptual plans Jan 22 Submitted Historic Resource Commission and entitlements application to City of Santa Ana
Feb 22 Applied to City of Santa Ana for HOME-ARP Funding and PBVs Mar 22 City of Santa Ana Historic Resource Commission Approval Mar 22 Applied to OCHFT Financing
Mar 22 Applied to AHP Financing
Apr 22 Awarded City of Santa Ana for HOME-ARP Funding and PBVs May 22 Awarded OCHFT Funding
May 22 City of Santa Ana Planning Commission Approval of entitlements May 22 City of Santa Ana Community Development Commission Approval of Funding and Density Bonus Agreement (DBA)
Jun 22 Notified not awarded AHP Funding
Jun 22 Applied to County of Orange for ARPA Funding
Jun 22 City of Santa Ana City Council Approval of DBA
Jun 22 Awarded County of Orange ARPA Funding
Jun 22 Applied for TCAC 9% competitive federal tax credits Sept 22 TCAC Allocation
Sept 22 Start construction documents
Dec 22 Submit first plan check
Jan 23 Receipt of first plan check comments
Jan 23 Submit second plan check
Feb 23 Receipt of second plan check comments
Feb 23 Submit third plan check
Mar 23 Receive grading permit and building permit ready letter Mar 23 Construction loan closing
Mar 23 Pull Permits and start construction
Apr 23 Site Demolition
Nov 24 Start of lease up
Nov 24 Construction Completion
Feb 25 Full occupancy
Habitat for Humanity – 1921 Washington Avenue
Dec 21 Habitat for Humanity OC closed escrow on property Aug 22 Subsidy Approval from Community Development Commission Nov 22 Subsidy Approval from City Council
City Council
12 –
16 2/7/2023
EXHIBIT 2
Dec 22 Submit Demo Permit Application
Jan 23 Demo Permit Issued
Feb 23 Submit Site Plan Review Application
Feb 23 Begin Sunshine Ordinance Meetings
Mar 23 Demo Completed
Apr 23 Groundbreaking Ceremony
May 23 Final Approval of Site Plan Review Application
Jun 23 Submit Grading / Non-Priority WQMP
Jun 23 Submit Architectural plans
Jul 23 Planning Commission Approval
Sep 23 Grading Permit Issued
Sep 23 Commence Grading
Oct 23 Building Permit Issued
Oct 23 Begin Foundation Construction
Dec 23 Framing Ceremony / Framing Construction Begins
Dec 24 Anticipated Construction Completion
Dec 24 Certificate of Occupancy / Closings
City Council
12 –
17 2/7/2023
Finance and Management Services Agency
www.santa-ana.org/finance
Item # 13
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 7, 2023
TOPIC: Amend Blanket Order Contract with Home Depot
AGENDA TITLE
Amend Blanket Order Contract with Home Depot for Construction, Maintenance, and Repair Materials and Supplies to Extend Term for an Additional Four-year Period Ending December 31, 2026 (Specification No. 17-121) (General and Non-General Fund)
RECOMMENDED ACTION
Amendment blanket order contract with Home Depot for construction, maintenance, and repair materials and supplies to extend the term for an additional four-year period ending December 31, 2026, with provision for five subsequent one-year renewal periods exercisable by the City Manager in an annual amount not to exceed $252,000, subject to non-substantive changes approved by the City Manager and City Attorney.
DISCUSSION
On January 16, 2018, the City Council approved a blanket order contract with Home Depot for a five-year period, which ended on December 31, 2022. This blanket order contract is utilized by staff citywide for the procurement of construction, maintenance, repair, and related materials and supplies on an as-needed basis. It affords staff the ability to visit the local Santa Ana Home Depot store for essential construction, maintenance, and repair materials, including hardware, lumber, fasteners, and tools.
They can also visit it for a variety of sundry supplies for immediate electrical, plumbing, and general repairs at various City buildings to ensure the City provides a consistent level of services, including areas such as park facilities, libraries, recreation and senior centers, Santa Ana Zoo, City Hall, Corporate Yard, Police Administration, and Holding Facility. Additionally, Home Depot's proximity offers a fast and efficient way for City employees to quickly obtain materials and supplies required for daily operations. To facilitate this process, an annual blanket order contract was established with Home Depot, a Santa Ana vendor.
Home Depot was awarded a contract after competitive Request for Proposals (RFP) No. 16154 was conducted by Maricopa County and made available to other public agencies by OMNIA Partners Public Sector, a national cooperative purchasing program.
Maricopa County has authorized an extension of their contract term through December
City Council
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Amend Blanket Order Contract with Home Depot
February 7, 2023
3 2
3 0
31, 2026, with the option to further extend the contract for a maximum of five additional years.
Santa Ana City Ordinance No. NS-2312 authorizes the City to purchase against contracts issued to vendors who have been awarded the same type of purchase contract by a state agency, county, city, or other public agency after a competitive bidding process substantially equivalent to the City’s standard bidding process. This contract also offers the City a 2 percent rebate on annual pre-tax purchases up to $100,000 and a 5 percent rebate on annual pre-tax purchases exceeding $100,000. By leveraging the procurement power through cooperative purchasing, the City of Santa Ana is able to obtain nationally vetted, high quality products at competitive volume pricing, and is in accordance with the City’s existing Purchasing guidelines.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action.
FISCAL IMPACT
Funding for the contract through June 30, 2023 is included in the current year budget, within various departmental Miscellaneous Operating Expense accounts (no. 63001).
Funding for future contract years, through December 2026, will be included in the proposed annual budgets for City Council consideration.
EXHIBIT(S)
1. Maricopa County Amendment 1 to Contract No. 16154
Submitted By: Kathryn Downs, Executive Director – Finance & Management Services Approved By: Kristine Ridge, City Manager
City Council
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S
ERIAL 16154 RFP MAINTENANCE, REPAIR, OPERATING SUPPLIES, INDUSTRIAL
SUPPLIES, AND RELATED PRODUCTS AND SERVICES
(U.S. Communities) Contract - Home Depot U.S.A., Inc.
D
ATE OF LAST REVISION: November 21, 2019 CONTRACT END DATE: December 31, 2026 CONTRACT PERIOD THROUGH DECEMBER 31, 2021 2026
T
O: All Departments
FR
OM: Office of Procurement Services
S
UBJECT: Contract for MAINTENANCE, REPAIR, OPERATING SUPPLIES, INDUSTRIAL
SUPPLIES, AND RELATED PRODUCTS AND SERVICES
A
ttached to this letter is published an effective purchasing contract for products and/or services to be supplied to Maricopa County activities as awarded by Maricopa County on January 11, 2017 (Eff. 02/01/17).
A
ll purchases of products and/or services li sted on the attached pages of this letter are to be obtained from the vendor holding the contract. Individuals are responsible to the vendor for purchases made outside of contracts.
The contract period is indicated above.
SA/
mm
Attach
C
opy to: Office of Procurement Services
Erick Blue, Facilities Management
Beth Cressman, Facilities Management
EXHIBIT 1
City Council
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3 2/7/2023
CONTRACT PURSUANT TO RFP
SERIAL 16154-RFP
This Contract is entered into this 11th day of January, 2017 by and between Maricopa County (“County”), a political subdivision of the State of Arizona, and Home Depot U.S.A., Inc., a Delaware corporation (“Contractor”) for the purchase of Maintenance Repair and Operating Supplies and Services.
1.0 CONTRACT TERM:
1.1 This Contract is for a term of Five (5) years, beginning on the 1st day of February, 2017 and ending the 31st day of December, 2021 2026.
1.2 The County may, at its option and with the agreement of the Contractor, renew the term of this Contract for additional terms up to a maximum of five (5) additional years, (or at the County’s sole discretion, extend the contract on a month -to-month bases fo r a maximum of six (6) months after expiration). The County shall notify the Contractor in writing of its intent to extend the Contract term at least sixty (60) calendar days prior to the expiration of the original contract term , or any additional term thereafter.
1.3 CONTRACT COMPLETION:
The Contractor shall make all reasonable efforts for an orderly transition of its duties and responsibilities to another provider and/or to the County. This may include, but is not limited to preparation of a transition plan and cooperation with the County or other providers in the transition. The transition includes the transfer of all records, and other data in the possession, custody or control of Contractor required to be provided to the County either by the terms of this agreement or as a matter of law. The provisions of this clause shall survive the expiration or termination of this agreement
2.0 FEE ADJUSTMENTS:
2.1 Any request for a fee or rebate offering adjustment must be submitted sixty (60) days prior to the current Contract expiration. Re quests for adjustment in cost of labor and/or materials not identified in the awarded proposal must be supported by appropriate documentation. If County agrees to the adjusted fee or rebate offering , County shall issue written approval of the change.
The reasonableness of the request will be determined by comparing the request with the (Consumer Price Index) or by performing a market survey if the offering was awarded on a fixed price basis.
3.0 PAYMENTS:
3.1 As consideration for performance of the duties described herein, County shall pay Contractor the prices based on the discounts stated in Exhibit “A.” or Task Order.
3.2 For non- procurement card transactions, Payment shall be made upon the County’s receipt of a properly completed invoice.
City Council
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SERIAL 16154-RFP
3.3 INVOICES (NON-PROCUREMENT CARD TRANSACTIONS):
3.3.1 The Contractor shall submit one (1) legible copy of their detailed invoice before payment(s) can be made. Incomplete invoices will not be processed. At a minimum, the invoice must provide access to the following information:
• Company name, address and contact
• County bill-to name and contact information
• Contract Serial Number or
• County purchase order number
• Invoice number and date
• Payment terms
• Date of service or delivery
• Quantity (number of days or weeks)
• Contract Item number(s)
• Description of Purchase (product or services)
• Pricing per unit of purchase
• Freight (if applicable)
• Extended price
• Mileage w/rate (if applicable)
• Arrival and completion time (if applicable)
• Total Amount Due
3.3.2 Problems regarding billing or invoicing shall be directed to the using agency as listed on the Purchase Order.
3.3.3 Payment shall be made to the Contractor by Accounts Payable through the Maricopa County Vendor Express Payment Program. This is an Electronic Funds Transfer (EFT) process. After Contract Award the Contractor shall complete the Vendor Registration Form located on the County Department of Finance Vendor Registration Web Site (http://www.maricopa.gov/Finance/Vendors.aspx).
3.3.4 Discounts offered in the contract shall be calculated based on the date a properly completed invoice is received by the County (ROI).
3.3.5 EFT payments to the routing and account numbers designated by the Contractor will include the details on the specific invoices that the payment covers. The Contractor is required to discuss remittance delivery capabilities with their designated financial institution for access to those details.
3.3.6 Invoices are required to contain access to the following information: (Maricopa County Facilities Management)
• Company name, address and contact
• County bill-to name and contact information
• Building Name and Building Number
• Contract Serial Number or
• County purchase order number
• Maximo (FMD) service call number
• Invoice number and date
• Date of service or delivery
• Description of Purchase (services performed)
• Pricing per unit of purchase
• Extended price
• Arrival and completion time
• Total Amount Due
City Council
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SERIAL 16154-RFP
3.3.7 Discounts offered in the contract shall be calculated based on the date a properly completed invoice is received by the County (ROI).
3.3.8 Problems regarding billing or invoicing shall be directed to the using agency as listed on the Purchase Order.
3.3.9 Payment shall be made to the Contractor by Accounts Payable through the Maricopa County Vendor Express Payment Program. This is an Electronic Funds Transfer (EFT) process. After Contract Award the Contractor shall complete the Vendor Registration Form located on the County Department of Finance Vendor Registration Web Site (http://www.maricopa.gov/Finance/Vendors.aspx
).
3.3.10 EFT payments to the routing and account numbers designated by the Contractor will include the details on the specific invoices that the payment covers. The Contractor is required to discuss remittance de livery capabilities with their designated financial institution for access to those details.
3.4 PAYMENT RETENTION: (By Task Order/Project if required)
3.4.1 Ten percent (10%) of monies paid for Project Management and Project Labor earned by CONTRACTOR related to work under this agreement may be retained by COUNTY until Final Completion of the services if mutually agreed to for a specific project .
COUNTY may elect to release specific retention payments based on mutually agreed milestones, but in no case shall reten tion be released prior to Final Completion. All other payment terms and conditions shall not be affected by the retention. In the event of termination or cancellation of this contract by County through no fault of CONTRACTOR, CONTRACTOR shall be entitled to the refund of any funds in the retention account.
3.4.2 The CONTRACTOR shall have the right, pursuant to Arizona Revised Statues, to submit securities in lieu of retention for all work completed. The CONTRACTOR is required to request this option at least ten (10) business days prior to submission of first Application for Payment to allow time for preparation of forms. The CONTRACTOR shall request and obtain securities forms through COUNTY. The COUNTY must identify either securities option or retention option prior to first Application for Payment.
3.5 APPLICABLE TAXES:
3.5.1 Payment of Taxes: The Contractor shall pay all applicable taxes. With respect to any installation labor on items that are not attached to real property performed by Contractor under the terms of this Contract, the installation labor cost and the gross receipts for materials provided shall be listed separately on the Contractor’s invoices.
3.5.2 State and Local Transaction Privilege Taxes: Maricopa County is subject to all applicable state and local transaction privilege taxes. To the extent any state and local transaction privilege taxes apply to sales made under the terms of this contract it is the responsibility of the seller to collect and remit all applicable taxes to the proper taxing jurisdiction of authority.
3.5.3 Tax Indemnification: Contractor and all subcontractors shall pay all Federal, state, and local taxes applicable to its operation and any persons employed by the Contractor.
Contractor shall, and require all subcontractors to hold Maricopa County harmless from any responsibility for taxes, damages and interest, if applicable, contributions required under Federal, and/or state and local laws and regulations and any other costs including transaction privilege taxes, unemploym ent compensation insurance, Social Security and Worker’s Compensation.
City Council
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SERIAL 16154-RFP
3.6 TAX: (SERVICES)
No tax shall be levied against labor. It is the responsibility of the Contractor to determine any and all taxes and include the same in proposal price.
No tax shall b e invoiced or paid against Contractor’s labor. It is the responsibility of the Contractor to determine any and all applicable taxes and include the cost in the proposal price.
3.7 TAX (COMMODITIES):
Tax shall not be levied against labor. Sales/use tax will be determined by County. Tax will not be used in determining low price.
Tax shall not be invoiced against Contractor’s labor. Sales/use tax will be determined by County. Tax will not be used in determining low price.
3.8 STRATEGIC ALLIANCE for VOLUME EXPENDITURES ($AVE):
3.8.1 The County is a member of the $AVE cooperative purchasing group. $AVE includes the State of Arizona, many Phoenix metropolitan area municipalities, and many K -12 unified school districts. Under the $AVE Cooperative Purchasing Agreement , and with the concurrence of the successful Respondent under this solicitation, a member of $AVE may access a contract resulting from a solicitation issued by the County. If you do not want to grant such access to a member of $AVE, please so state in your proposal. In the absence of a statement to the contrary, the County will assume that you do wish to grant access to any contract that may result from this Request for Proposal.
3.9 INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (ICPA’s)
3.9.1 County currently holds ICPA’s with numerous governmental entities throughout the State of Arizona. These agreements allow those entities, with the approval of the Contractor, to purchase their requirements under the terms and conditions of the County Contract.
Please indicate on Attachment A, your acceptance or rejection regarding such participation of other governmental entities. Your response will not be considered as an evaluation factor in awarding a contract
3.10 VOLUNTARY EMPLOYEE DISCOUNTS
3.10.1 Vendors may volun tarily offer discounts to County employees for products or services provided under this contract. Whether a vendor offers or does not offer an employee discount is not a factor in nor considered in the evaluation of responses to this solicitation.
3.10.2 Any di scount offered is part of a commercial transaction between the vendor and individual County employees and the County is not a party to the transaction. Any disputes or issues arising from an individual commercial transaction between the vendor and an individual County employee are a matter between the vendor and the employee.
If a discount is offered, the terms will be announced to County employees.
4.0 AVAILABILITY OF FUNDS:
4.1 The provisions of this Contract relating to payment for services shall become effective when funds assigned for the purpose of compensating the Contractor as herein provided are actually available to County for disbursement. The County shall be the sole judge and authority in determining the availability of funds under this Contract. County shall keep the Contractor fully informed as to the availability of funds.
City Council
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SERIAL 16154-RFP
4.2 If any action is taken by any state agency, Federal department or any other agency or instrumentality to suspend, decrease, or terminate its fiscal obligations under, or in connection with, this Contract, County may amend, suspend, decrease, or terminate its obligations under, or in connection with, this Contract. In the event of termination, County shall be liable for payment only for services rendered prior to the effective date of the termination, provided that such services are performed in accordance with the provisions of this Contract. County shall give written notice of the effective date of any suspension, amendment, or termination under this Section, at least te n (10) days in advance.
5.0 DUTIES:
5.1 The Contractor shall perform all duties stated in Exhibit “B” , Task Order or as otherwise directed in writing by the Procurement Officer.
6.0 TERMS and CONDITIONS:
6.1 INDEMNIFICATION AND LIMITATION OF LIABILITY:
To the fullest extent permitted by law, and to the extent that claims, damages, losses or expenses are not covered and paid by insurance purchased by the Contractor, the Contractor shall defend indemnify and hold harmless the County (as Owner), its agents, representatives, agents, officers, directors, officials, and employees from and against all claims, damages, losses, and expenses (including, but not limited to attorneys' fees, court costs, expert witness fees, and the costs and attorneys' fees for appellate proceedings) arising out of, or alleged to have resulted from the negligence or willful misconduct relating to the performance of this Contract.
Contractor's duty to defend, indemnify, and hold harmless the County, its agents, representatives, agents, officers, directors, officials, and employees shall arise in connection with any claim, damage, loss, or expense that is attributable to bodily injury, sickness, disease, death or injury to, impairment of, or destruction o f tangible property, including loss of use resulting there from, caused by gross negligence or willful misconduct in the performance of this Contract, but only to the extent caused by the negligent acts or omissions of the Contractor, a subcontractor, any one directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder.
The amount and type of insurance coverage requi rements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph.
The scope of this indemnification does not extend to the sole negligence of County.
CONTRACTOR WILL NOT BE LIABLE TO COUNTY FOR CONSEQUENTIAL D AMAGES,
INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, LIQUIDATED, EXEMPLARY, MORAL, OR CONSEQUENTIAL DAMAGES,
EXPENSES, COST, PROFITS, LOST SAVINGS OR EARNINGS, LOST OR CORRUPTED DATA, OR OTHER LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT.
6.2 INSURANCE.
6.2.1 Contractor, at Contractor’s own expense, shall purchase and maintain the herein stipulated minimum insurance from a company or companies duly licensed by the State of Arizona and possessing a current A.M. Best, Inc. rati ng of B++. In lieu of State of Arizona licensing, the stipulated insurance may be purchased from a company or companies, which are authorized to do business in the State of Arizona, provided that said insurance companies meet the approval of County. The f orm of any insurance policies and forms must be acceptable to County.
6.2.2 All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Contract is satisfactorily
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SERIAL 16154-RFP
completed and formally accepted. Failure to do so may, at the sole discretion of County, constitute a material breach of this Contract.
6.2.3 Contractor’s insurance shall be primary insurance as respects County, and any insurance or self-insurance maintained by County shall not contribute to it.
6.2.4 Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect the County’s right to coverage afforded under the insurance policies.
6.2.5 The insurance policies may provide coverage that contains deductibles or self -insured retentions. Such deductible and/or self -insured retentions shall not be applicable with respect to the coverage provided to County under such policies. Contractor shall be solely responsible for the deductible and/or self -insured retention and County, at its option, may require Contractor to secure payment of such deductibles or self -insured retentions by a surety bond or an irrevocable and unconditional letter of credit.
6.2.6 Notwithstanding anything to the contrary contained herein, CONTRACTOR shall have the right to self -insure part or all of any of the insurance it is required to maintain hereunder in its sole discretion so long as CONTRACTOR maintains a net worth of not less than One Hundred Million ($100,000,000) Dollars. Such net worth shall be documented to COUNTY and COUNTY shall be advised in writing in the event such net worth requirement is not met. In the event that CONTRACTOR elects to self-insure all or any part of any risk that would be insured under the policies and limits described herein, and an event occurs where insurance proceeds would have been available but for the election to self -insure, CONTRACTOR shall make funds available to the same extent that they would have been available had such insurance policy been carried, unless specifically provided to the contrary herein.
6.2.7 The policies required hereunder, except Workers’ Compensation and Errors and Omissions, shall contain a waiver of tran sfer of rights of recovery (subrogation) against County, its agents, representatives, officers, directors, officials and employees for any claims arising out of Contractor’s work or service.
6.2.8 Commercial General Liability.
Commercial General Liability insurance and, if necessary, Commercial Umbrella insurance with a limit of not less than $2,000,000 for each occurrence, $4,000,000 Products/Completed Operations Aggregate, and $4,000,000 General Aggregate Limit.
The policy shall include coverag e for premises liability, bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage, and shall not contain any provisions which would serve to limit third party action over claims. There shall be no endorsement or modifications of the CGL limiting the scope of coverage for liability arising from explosion, collapse, or underground property damage.
6.2.9 Automobile Liability.
Commercial/Business Automobile Liability insurance and, if necessary , Commercial Umbrella insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to any of the Contractor’s owned, hired, and non -owned vehicles assigned to or used in performance o f the Contractor’s work or services or use or maintenance of the Premises under this Contract.
6.2.10 Workers’ Compensation.
Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor’s employees engaged in the performance of the work or services under this Contract ; and Employer’s Liability insurance of not less than
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SERIAL 16154-RFP
$1,000,000 for each accident, $1,000,000 disease for each employee, and $1,000,000 disease policy limit.
Contractor, its contractors and its subcontractors waive all rights against Contract and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the Workers’ Compensation and Employer’s Liability or commercial umbrella liability insurance obtained by Contractor , its contractors and its subcontractors pursuant to this Contract.
6.2.11 Errors and Omissions (Professional Liability) Insurance.
Errors and Omissions (Professional Liability) insurance and, if necessary, Commercial Umbrella insurance, which will insure and provide coverage for errors or omissions or professional liability of the CONTRACTOR, with limits of no less than $2,000,000 for each claim.
6.2.12 Builder’s Risk (Property) Insurance.
CONTRACTOR shall purchase and maintain, on a replacement cost basis, Builders’ Risk insurance and, if necessary, Commercial Umbrella insurance in the amount of the initial Contract amount as well as subsequent modifications thereto for the entire work at the site. Such Builders’ Risk insurance shall be maintained until final payment has been made or until no person or entity other than COUNTY has an insurable int erest in the property required to be covered, whichever is earlier. This insurance shall include interests of COUNTY, CONTRACTOR, and all subcontractors and sub ‐subcontractors in the work during the life of the Contract and course of construction, and shal l continue until the work is completed and accepted by COUNTY. For new construction projects, CONTRACTOR agrees to assume full responsibility for loss or damage to the work being performed and to the structures under construction. For renovation constructi on projects, CONTRACTOR agrees to assume responsibility for loss or damage to the work being performed at least up to the full Contract amount, unless otherwise required by the Contract documents or amendments thereto. Builders’ Risk insurance shall be on a special form and shall also cover false work and temporary buildings and shall insure against risk of direct physical loss or damage from external causes including debris removal, demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for architect’s service and expenses required as a result of such insured loss and other “soft costs” as required by the Contract. Builders’ Risk insurance must provide coverage from the time any covered property co mes under CONTRACTOR’S control and/or responsibility, and continue without interruption during construction, renovation, or installation, including any time during which the covered property is being transported to the construction installation site, and w hile on the construction or installation site awaiting installation. The policy will provide coverage while the covered premises or any part thereof are occupied. Builders’ Risk insurance shall be primary and any insurance or self ‐insurance maintained by t he County is not contributory. If the Contract requires testing of equipment or other similar operations, at the option of COUNTY, CONTRACTOR will be responsible for providing property insurance for these exposures under a Boiler Machinery insurance policy or the Builders’ Risk Insurance policy.
6.2.13 Certificates of Insurance.
6.2.13.1 Prior to Contract AWARD, Contractor shall furnish the County with valid and complete certificates of insurance, or formal endorsements as required by the Contract in the form provided by the County, issued by Contractor’s insurer(s), as evidence that policies providing the required coverage, conditions and limits required by this Contract are in full force and effect. Such certificates shall identify this contract number and title. Alte rnatively the County will accept an insurance industry recognized Memorandum of Insurance
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6.2.13.2 In the event any insurance policy (ies) required by this contract is (are) written on a “claims made” basis, coverage shall extend for two years past completion and acceptance of Contractor’s work or services and as evidenced by annual Certificates of Insurance.
6.2.13.3 If a policy does expire during the life of the Contract, a renewal certificate must be sent to County fifteen (15) days prior to the expiration date.
6.2.14 Cancellation and Expiration Notice.
Applicable to all insurance policies required within the Insurance Requirements of this Contract, Contractor’s insurance shall not be permitted to expire, be suspended, be canceled, or be materially changed for any reason without thirty (30) days prior wri tten notice to Maricopa County. Contractor must provide to Maricopa County, within 2 business days of receipt, if they receive notice of a policy that has been or will be suspended, canceled, materially changed for any reason, has expired, or will be expiring. Such notice shall be sent directly to Maricopa County Office of Procurement Services and shall be mailed or hand delivered to 160 South 4 th Avenue 320 West Lincoln Street , Phoenix, AZ 85003, or emailed to Procurement Officer noted in solicitation.
6.3 BOND REQUIREMENT: (If required by an individual Project/Task Order)
6.3.1 If requested for an individual Order and c oncurrently with the submittal of the proposal associated with the Order , the Contractor shall furnish the Contracting Agency the following bonds, which shall become binding upon the award of the contract to the Contractor
6.3.1.1 A Performance Bond equal to the full Contract amount ($________or as specified) conditioned upon the faithful performance of the Order in accordance with plans, specifications an d conditions thereof. Such bond shall be solely for the protection of the Contracting Agency awarding the Order.
6.3.1.2 A Payment Bond equal to the full contract amount ($________or as specified) solely for the protection of claimants supplying labor and materials to the Contractor or his Subcontractors in the prosecution of the work provided for in such Order.
6.3.2 Each such b ond shall include a provision allowing the prevailing party in a suit on such bond to recover as a part of his judgment such reasonable attorney’s fees as may be fixed by a judge of the court.
6.3.3 Each bond shall be executed by a surety company or companies h olding a certificate of authority to transact surety business in the State of Arizona issued by the Director of the Department of Insurance. The bonds shall not be executed by an individual surety or sureties. The bonds shall be made payable and acceptab le to the Contracting Agency.
The bonds shall be written or countersigned by an authorized representative of the surety who is either a resident of the State of Arizona or whose principal office is maintained in this state, as by law required, and the bonds shall have attached thereto a certified copy of the Power of Attorney of the signing official. In addition, said company or companies shall be rated “Best -A” or better as required by the Contracting Agency, as currently listed in the most recent Best Key Rating Guide, published by the A.M. Best Company.
6.4 FORCE MAJEURE
6.4.1 Neither party shall be liable for failure of performance, nor incur any liability to the other party on account of any loss or damage resulting from any delay or failure to perform all or any part of this Contract if such delay or failure is caused by events, occurrences, or causes beyond the reasonable control and without negligence of the parties. Such events,
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occurrences, or causes will include Acts of God/Nature (including fire, flood , earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, riots, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, lockout, blockage, embargo, labor dispute, strike, interruption or failure of electricity or telecommunication service.
6.4.2 Each party, as applicable, shall give the other party notice of its inability to perform a nd particulars in reasonable detail of the cause of the inability. Each party must use best efforts to remedy the situation and remove, as soon as practicable, the cause of its inability to perform or comply.
6.4.3 The party asserting Force Majeure as a cause for non -performance shall have the burden of proving that reasonable steps were taken to minimize delay or damages caused by foreseeable events, that all non -excused obligations were substantially fulfilled, and that the other party was timely notified of the likelihood or actual occurrence which would justify such an assertion, so that other prudent precautions could be contemplated.
6.4.4 The County shall reserve the right to terminate this Contract and/or any applicable order or contract release purchase order upon non -performance by Contractor. The County shall reserve the right to extend the Contract and time for performance at its discretion.
6.5 WARRANTY OF SERVICES:
6.5.1 The Contractor warrants that all services provided hereunder will conform to the requirements of the Contract, including all descriptions, specifications and attachments made a part of this Contract. County’s acceptance of services or goods provided by the Contractor shall not relieve the Contractor from its obligations under this warranty.
6.5.2 In addition to its other remedies, County may, at the Contractor's expense, require prompt correction of any services failing to meet the Contractor's warranty herein for one year following the performance of those services . Services corrected by the Contract or shall be subject to all the provisions of this Contract in the manner and to the same extent as services originally furnished hereunder.
6.5.3 DISCLAIMER OF WARRANTIES FOR PRODUCTS. COUNTY’S SOLE AND
EXCLUSIVE WARRANTY FOR PRODUCTS, IF ANY, IS THAT PROVIDED BY THE PRODUCT MANUFACTURER. CONTRACTOR DISCLAIMS ALL
EXPRESSED, IMPLIED OR STATUTORY WARRANTIES, WHETHER IMPLIED
BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT
LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE LANGUAGE OF THIS
PARAGRAPH SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS
AGREEMENT
6.6 INSPECTION OF SERVICES:
6.6.1 The Contractor shall provide and maintain an inspection system acceptable to County covering the services under this Contract. Comp lete records of all inspection work performed by the Contractor shall be maintained and made available to County during contract performance and for as long afterwards as the Contract requires.
6.6.2 County has the right to inspect and test all services called f or by the Contract, to the extent practicable at all times and places during the term of the Contract. County shall perform inspections and tests in a manner that will not unduly delay the work.
6.6.3 If prior to completion of an Order any of the services requ ired by that Order do not conform to Contract requirements, County may require the Contractor to perform the services again in conformity with Contract requirements, at no cost to the County. When the defects in services cannot be corrected by re-performance, County may:
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6.6.3.1 Require the Contractor to take necessary action to ensure that future performance conforms to Contract requirements; and
6.6.3.2 Reduce the Contract price to reflect the reduced value of the services performed.
6.6.4 If the Contractor fails to promptly perform the services again as provided in Section 6.6.3 or to take the necessary action to ensure future performance in conformity with Contract requirements, County may:
6.6.4.1 By Contract or otherwise, perform the services and charge to the Contractor , through direct billing or through payment reduction, any cost incurred by County that is directly related to the performance of such service; or
6.6.4.2 Terminate the Contract for default.
6.7 REQUIREMENTS CONTRACT:
6.7.1 Contractors signify their understanding and agreement by signing a bid submittal, that the Contract resulting from the bid is a requirements contract. However, the Contract does not guarantee any minimum or maximum number of purchases will be made. It on ly indicates that if purchases are made for the materials or services contained in the Contract, they will be purchased from the Contractor awarded that item if the Contractor can meet all the delivery requirements of the County . Orders will only be place d when the County identifies a need and proper authorization and documentation have been approved.
6.7.2 County reserves the right to cancel Purchase Orders within a reasonable period of time after issuance. Should a Purchase Order be canceled, the County agrees to reimburse the Contractor for actual and documentable costs incurred by the Contractor in response to the Purchase Order. The County will not reimburse the Contractor for any costs incurred after receipt of County notice of cancellation, or for lost profits, shipment of product prior to issuance of Purchase Order, etc.
6.7.3 Contractors agree to accept verbal notification of cancellation of Purchase Orders from the County Procurement Officer with written notification to follow. By submitting a bid in respo nse to this Invitation for Bids, the Contractor specifically acknowledges to be bound by this cancellation policy.
6.8 BACKGROUND CHECK:
Contractors need to be aware that there may be multiple background checks (Sheriff’s Office, County Attorney's Office, Courts as well as Maricopa County general government) to determine if the respondents employees are acceptable for the contractor to do business with the County. This applies to (but is not limited to) the company and sub -contractors. Employees or others who fail to pass these checks shall not be allowed to work on County projects. Failure to meet these requirements may lead to termination of the contract.
6.9 SUSPENSION OF WORK
The Procurement Officer may order the Contractor, in writing, to suspend, delay, o r interrupt all or any part of the work of this contract for the period of time that the Procurement Officer determines appropriate for the convenience of the County. No adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor. No request for adjustment under this clause shall be granted unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.
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6.10 STOP WORK ORDER
The Procurement Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any furth er period to which the parties may agree. The order shall be specifically identified as a stop work order issued under this clause.
Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop- work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Procurement Officer shall either—
6.10.1 Cancel the stop-work order; or
6.10.2 Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the County, clause of this contract.
6.10.3 The Procurement Officer may make an equitable adjustment in the delivery schedule and/or contract price, or otherwise, and the contract shall be modified, in writing, accordingly, if the Contractor demonstrates that the stop work order resulted in an increase in costs to the Contractor.
6.11 UNCONDITIONAL TERMINATION FOR CONVENIENCE:
Maricopa County may terminate the resultant Contract for convenience by providing sixty (60) calendar days advance notice to the Contractor.
6.12 TERMINATION FOR DEFAULT:
The County may, by written notice of default to the Contractor, terminate this contract in whole or in part if the Contractor fails to:
6.12.1 Deliver the supplies or to perform the services within the time specified in this contract or any extension;
6.12.2 Make progress, so as to endanger performance of this contract; or
6.12.3 Perform any of the other provisions of this contract.
6.12.4 The County’s right to terminate this contract under these subparagraph may be exercised if the Contractor does not cure such failur e within 10 days (or more if authorized in writing by the County) after receipt of the notice from the Procurement Officer specifying the failure.
6.13 STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST:
Notice is given that pursuant to A.R.S. § 38 -511 the County may cancel any Contract without penalty or further obligation within three years after execution of the contract, if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the County is at any time while the Contract or any extension of the Contract is in effect, an employee or agent of any other party to the Contract in any capacity or consultant to any other party of the Contract with respect to the subject matter of the Contract. Additionally, pursuant to A.R.S § 38- 511 the County may recoup any fee or commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the County from any other party to the contract arising as the result of the Contract.
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6.14 CONTRACTOR LICENSE REQUIREMENT:
6.14.1 The Respondent shall procure all permits, insurance, licenses and pay the charges and fees necessary and incidental to the lawful conduct of his/her business, and as neces sary complete any required certification requirements , required by any and all governmental or non -governmental entities as mandated to maintain compliance with and in good standing for all permits and/or licenses. The Respondent shall keep fully informed of existing and future trade or industry requirements, Federal, State and Local laws, ordinances, and regulations which in any manner affect the fulfillment of a Contract and shall comply with the same. Contractor shall immediately notify both Office of Procurement Services and the using agency of any and all changes concerning permits, insurance or licenses.
6.14.2 Respondents furnishing finished products, materials or articles of merchandise that will require installation or attachment as part of the Contract, shall possess any licenses required. A Respondent is not relieved of its obligation to posses the required licenses by subcontracting of the labor portion of the Contract. Respondents are advised to contact the Arizona Registrar of Contractors, Chief of Licensing, at (602) 542 -1525 to ascertain licensing requirements for a particular contract. Respondents shall identify which license(s), if any, the Registrar of Contractors requires for performance of the Contract.
6.15 SUBCONTRACTING:
6.15.1 The Contractor may not assign to another Contractor or Subcontract to another party for performance of the terms and conditions hereof without the written consent of the County. All correspondence authorizing subcontracting must reference the Bid Serial Number and identify the job project. The County hereby consents to Contractor’s subcontracting work to Authorized Service Providers under contract with Contractor.
6.15.2 The Subcontractor’s rate for the job shall not exceed that of the Prime Contractor’s rate, as bid in the pricing section, unless the Prime Contrac tor is willing to absorb any higher rates or the County has approved the increase. The Subcontractor’s invoice shall be invoiced directly to the Prime Contractor, who in turn shall pass -through the costs to the County, without mark -up. A copy of the Subc ontractor’s invoice must accompany the Prime Contractor’s invoice.
6.16 AMENDMENTS:
All amendments to this Contract shall be in writing and approved/signed by both parties. Maricopa County Office of Procurement Services shall be responsible for approving all amendments for Maricopa County.
6.17 ADDITIONS/DELETIONS OF SERVICE:
6.17.1 The County reserves the right to add and/or delete materials and services to a Contract. If a service requirement is deleted, payment to the Contractor will be reduced proportionately, to t he amount of service reduced in accordance with the bid price. If additional materials or services are required from a Contract, prices for such additions will be negotiated between the Contractor and the County.
6.17.2 The County reserves the right of final ap proval on proposed staff for all Task Orders. Also, upon request by the County, the Contractor will be required to remove any employees working on County projects and substitute personnel based on the discretion of the County within two business days, unless previously approved by the County.
6.18 VALIDITY:
The invalidity, in whole or in part, of any provision of this Contract shall not void or affect the validity of any other provision of the Contract.
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6.19 SEVERABILITY:
The invalidity, in whole or in part, of any provision of th is Contract shall not void or affect the validity of any other provision of this Contract.
6.20 RIGHTS IN DATA:
The County shall have the use of data and reports resulting from a Contract without additional cost or other restriction except as may be established by law or applicable regulation. Each party shall supply to the other party, upon request, any available information that is relevant to a Contract and to the performance thereunder.
6.21 NON-DISCRIMINATION:
CONTRACTOR agrees to comply with all provisions and requirements of Arizona Executive Order 2009- 09 including flow down of all provisions and requirements to any subcontractors.
Executive Order 2009 -09 supersedes Executive order 99- 4 and amends Executive order 75- 5 and may be viewed and downloaded at the Governor of the State of Arizona’s website http://azmemory.azlibrary.gov/cdm/singleitem/collection/execorders/id/680/rec/1 which is hereby incorporated into this contract as if set forth in full herein. During the performance of this contract, CONTRACTOR shall not discriminate agains t any employee, client or any other individual in any way because of that person’s age, race, creed, color, religion, sex, disability or national origin.
Contractor agrees to comply with all provisions and requirements of Arizona Executive Order 2009 -09 including flow down of all provisions and requirements to any subcontractors. Executive Order 2 009-09 supersedes Executive order 99 -4 and amends Executive order 75 -5 and may be viewed and downloaded at the Arizona State Library Research website
(http://azmemory.azlibrary.gov/cdm/singleitem/collection/execorders/id/680/rec/1) which is hereby incorporated into this contract as if set forth in full herein. During the performance of this Contract, Contractor shall not discriminate against any employee, client or any other individual in any way because of that person’s age, race, creed, color, religion, sex, disability or national origin.
6.22 ISRAEL BOYCOTT:
By signing this Contract, the Contractor certifies that they are in compliance with Article 9, Arizona Revised Statutes Section 35-393 et seq.
6.23 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
The undersigned (authorized official signing for the Contractor) certifies to the best of his or her knowledge and belief, that the Contractor
is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal Department or agency;
have not within 3 -year period preceding this Contract been convicted of or had a civil judgment 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 S tate antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
are not presently indicted or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and
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have not within a 3 -year period preceding this Contract had one or more public transaction (Federal, State or local) terminated for cause of default.
The Contractor agrees to include, without modification, this clause in all lower tier covered transactions (i.e. transactions with subcontractors) and in all solicitations for lower tier covered transactions related to this Contract.
6.23.1 The undersigned (authorized official signing on behalf of the Contractor) certifies to the best of his or her knowledge and belief that the Contractor, its current officers and directors;
6.23.1.1 are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from being awarded any contract or grant by any United States Department or Agency or any state, or local jurisdiction;
6.23.1.2 have not within three (3) year period preceding this Contract;
6.23.1.2.1 been convicted of fraud or any crim inal offense in connection with obtaining, attempting to obtain, or as the result of performing a government entity (Federal, State or local) transaction or contract; and
6.23.1.2.2 been convicted of violation of any Federal or State antitrust statues or conviction for embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property regarding a government entity transaction or contract; and
6.23.1.2.3 are not presently indicted or criminally charged by a government entity (Federal, State or local) with commission of any criminal offenses in connection with obtaining, attempting to obtain, or as the result of performing a government entity public (Federal, State or local) transaction or contract; and are not presently facing any civil charges from any governmental entity regarding obtaining, attempting to obtain, or from performing any governmental entity contract or other transaction; and have not within a three (3) year period preceding this Contract had any public transaction (Federal, State or local) terminated for cause or default.
6.23.1.3 If any of the above circumstances described in the paragraph are applicable to the entity submitting a bid for this requirement, include with your bid an explanation of the matter including any final resolution.
6.23.2 The Contractor shall include, without modification, this clause in all lower tier covered transactions (i.e. transactions with subcontractors ) and in all solicitations for lower tier covered transactions related to this Contract.
6.24 VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES §41 - 4401 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS:
6.24.1 By entering into the Contract, the Contractor warrants compliance with the Immigration and Nationality Act (INA using e -verify) and all other federal immigration laws and regulations related to the immigration status of its employees and A.R.S. §23-214(A). The contractor shall obtain statements from its subcontractors certifying compliance and shall furnish the statements to the Procurement Officer upon request. These warranties shall remain in effect through the term of the Contract. The Contractor and its subcontractors shall also maintain Employment Eligibility Verification forms (I -9) as required by the Immigration Reform and Control Act of 1986, as amended from time to time, for all
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employees performing work under the Contract and verify employee compliance using the E-verify system and shall keep a record of the verification for the duration of the employee’s employment or at least three years, whichever is longer. I-9 forms are available for download at USCIS.GOV.
6.24.2 The County retains the legal righ t to inspect contractor and subcontractor employee documents performing work under this Contract to verify compliance with paragraph 6.24.1 of this Section. Contractor and subcontractor shall be given reasonable notice of the County’s intent to inspect and shall make the documents available at the time and date specified. Should the County suspect or find that the Contractor or any of its subcontractors are not in compliance, the County will consider this a material breach of the contract and may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of the Contract for default, and suspension and/or debarment of the Contractor. All costs necessary to verify compliance are the responsibility o f the Contractor.
6.25 INFLUENCE
As prescribed in MC1 -1202 MC1-1203 of the Maricopa County Procurement Code, any effort to influence an employee or agent to breach the Maricopa County Ethical Code of Conduct or any ethical conduct may be grounds for Disbarment or Suspension under MC1-902.
An attempt to influence includes, but is not limited to:
6.25.1 A Person offering or providing a gratuity, gift, tip, present, donation, money, entertainment or educational passes or tickets, or any type valuable contribution or subsidy,
6.25.2 That is offered or given with the intent to influence a decision, obtain a contract, garner favorable treatment, or gain favorable consideration of any kind.
If a Person attempts to influence any employee or agent of Maricopa County, the Chief Procurement Officer, or his designee, reserves the right to seek any remedy provided by the Maricopa County Procurement Code, any remedy in equity or in the law, or any remedy provided by this contract.
6.26 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIR EMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS.
6.26.1 The Parties agree that this Contract and employees working on this Contract will be subject to the whistleblower rights and remedies in the pilot program on contractor employee whistleblower protections established at 41 U.S.C. § 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112 –239) and section
3.908 of the Federal Acquisition Regulation;
6.26.2 Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. § 4712, as described in section 3.908 of the Federal Acquisition Regulation. Documentation of such employee notification must be kept on file by Contra ctor and copies provided to County upon request.
6.26.3 Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold ($150,000 as of September 2013).
6.27 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR OTHER REVIEW:
6.27.1 In accordance with section MCI 371 of the Maricopa County Procurement Code the Contractor agrees to retain all books, records, accounts, statements, reports, files, and other records and back -up documentation relevant to this Contract for six (6) years after
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final payment or until after the resolution of any audit questions which could be more than six (6) years, whichever is latest. The County, Federal or State auditors and any other persons duly authorized by the Department shall have full access to, and the right to examine, copy and make use of, any and all said materials.
6.27.2 If the Contractor’s books, records , accounts, statements, reports, files, and other records and back -up documentation relevan t to this Contract are not sufficient to support and document that requested services were provided, the Contractor shall reimburse Maricopa County for the services not so adequately supported and documented.
6.27.3 If at any time it is determined by the County that a cost for which payment has been made is a disallowed cost, the County shall notify the Contractor in writing of the disallowance. The course of action to address the disallowance shall be at sole discretion of the County, and may include either an adjustment to future invoices, request for credit, request for a check or deduction from current billings Submitted by the Contractor by the amount of the disallowance, or to require reimbursement forthwith of the disallowed amount by the Contractor by issuing a check payable to Maricopa County.
6.28 AUDIT DISALLOWANCES:
If at any time , County determines that a cost for which payment has been made is a disallowed cost, such as overpayment, County shall notify the Contractor in writing of the disallowance.
County shall also state the means of correction, which may be but shall not be limited to adjustment of any future claim submitted by the Contractor by the amount of the disallowance, or to require repayment of the disallowed amount by the Contractor.
6.29 OFFSET FOR DAMAGES;
In addition to all other remedies at Law or Equity, the County may offset from any money due to the Contractor any amounts Contractor owes to the County for damages resulting from breach or deficiencies in performance of the contract.
6.30 PUBLIC RECORDS:
Under Arizona law, all Offers submitted and opened are public records and must be retained by the Records Manager at the O ffice of Procurement Services. Offers shall be open to public inspection and copying after Contract award and execution, except for such Offers or sections thereof determined to contain proprietary or confidential information. by the Office of Procurement Services. If an Offeror believes that information in its Offer or any resulting Contract should not be released in response to a public record request under Arizona law, the Offeror shall indicate the specific information deemed confidential or proprietary and submit a statement with its offer detailing the reasons that the information should n ot be disclosed. Such reasons shall include the specific harm or prejudice which may arise from disclosure. The Records Manager of the Office of Procurement Services shall determine whether the identified information is confidential pursuant to the Maricopa County Procurement Code.
6.31 PRICES:
Contractor warrants that prices extended to County under this Contract are no higher than those paid by any other similar customer for these or similar services under similar terms.
6.32 INTEGRATION:
This Contract represents the entire and integrated agreement between the parties and supersedes all prior negotiations, proposals, communications, understandings, representations, or agreements, whether oral or written, express or implied.
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6.33 RELATIONSHIPS:
In the performance of the services described herein, the Contractor shall act solely as an independent contractor, and nothing herein or implied herein shall at any time be construed as to create the relationship of employer and employee, co -employee, partnership, principal and agent, or joint venture between the County and the Contractor.
6.33.1 In the performance of the services described herein, the Contractor shall act solely as an independent contractor, and nothing herein or implied herein shall at any time be cons trued as to create the relationship of employer and employee, co - employee, partnership, principal and agent, or joint venture between the County and the Contractor.
6.33.2 The County reserves the right of final approval on proposed staff for all Task Orders. Als o, upon request by the County, the Contractor will be required to remove any employees working on County projects and substitute personnel based on the discretion of the County within two business days, unless previously approved by the County.
6.34 GOVERNING LAW:
This Contract shall be governed by the laws of the state of Arizona. Venue for any actions or lawsuits involving this Contract will be in Maricopa County Superior Court or in the United States District Court for the District of Arizona, sitting in Phoenix, Arizona
6.35 ORDER OF PRECEDENCE:
In the event of a conflict in the provisions of this Contract and Contractor’s license agreement, if applicable, the terms of this Contract shall prevail.
6.36 ORDERING AUTHORITY:
Any request for purchase shall be accompanied by a valid purchase order, issued by Office of Procurement Services, a Purchase Order issued by the using Department or direction by a Certified Agency Procurement Aid (CAPA) with a Purchase Card for payment.
6.37 NO MINIMUM OR MAXIMUM PURCHASE OBLIGATION:
6.37.1 This Contract does not guarantee any minimum or maximum purchases will be made. Orders will only be placed under this Contract when the County identifies a need and proper authorization and documentation have been approved.
6.37.2 Contractors agree to accept verbal notification of cancellation of Purchase Orders from the County Procurement Officer with written notification to follow.
Contractor specifically acknowledges to be bound by this cancellation policy.
6.38 PURCHASE ORDERS:
County reserves the right to cancel Purchase Orders within a reasonable period of time after issuance. Should a Purchase Order be canceled, the County agrees to reimburse the Contractor for actual and documentable costs incurred by the Contractor in response to the Purchase Order. The County will not reimburse the Contractor for any costs incurred after receipt of County notice of cancellation, or for lost profits, shipment of product prior to issuance of Purchase Order, etc.
6.39 UNIFORM ADMINISTRATIVE REQUIREMENTS:
By entering into this Contract, the Contractor agrees to comply with all applicable provisions of Title 2, Subtitle A, Chapter II, PART 200—UNIFORM ADMINISTRATIVE
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REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. § 200 et seq.
For purchases of $50,000 or greater under this agreement, the applicable participating entity must disclose to THD when it is receiving any federal funds related to that requested purchase prior to THD agreeing to that purchase.
6.40 CONFIDENTIAL INFORMATION:
Any information obtained in the course of performing this Contract may include information that is proprietary or confidential to the County. This provision establishes the Contractor’s obligation regarding such information.
The Contractor shall establish and maintain procedures and controls that are adequate to assure that no information contained in its records and/or obtained from the County or from others in carrying out its functions (services) under the Contract shall be us ed by or disclosed by it, its agents, officers, or employees, except as required to efficiently perform duties under the Contract. The Contractor’s procedures and controls at a minimum must be the same procedures and controls it uses to protect its own pro prietary or confidential information. If, at any time during the duration of the Contract, the County determines that the procedures and controls in place are not adequate, the Contractor shall institute any new and/or additional measures requested by the County within fifteen (15) calendar days of the written request to do so.
Any requests to the Contractor for County proprietary or confidential information shall be referred to the County for review and approval, prior to any dissemination.
6.41 INCORPORATION OF DOCUMENTS:
The following are to be attached to and made part of this Contract:
6.41.1 Exhibit A, Pricing;
6.41.2 Exhibit B, Scope of Work;
6.41.3 Exhibit C Facilities Management Requirements
NOTICES:
All notices given pursuant to the terms of this Contract shall be addressed to:
For County:
Maricopa County
Office of Procurement Services
ATTN: Contract Administration
320 West Lincoln Street 160 South 4th Avenue
Phoenix, Arizona 85003-2494
For Contractor:
Home Depot U.S.A., Inc.
2455 Paces Ferry Road PO BOX 193176,
Atlanta, GA. 30339 Columbus, OH 43218
ATTN: Contract Administration
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EXHIBIT A
PRICING
SERIAL 16154-RFP
NIGP CODE: 45041
RESPONDENT'S NAME: Home Depot U.S.A., Inc.
COUNTY VENDOR NUMBER : W000001453
ADDRESS: 2455 Paces Ferry Road PO BOX 193176,
Atlanta, GA 30339 Columbus OH 43218
P.O. ADDRESS: Each local The Home Depot stores
TELEPHONE NUMBER: 866-589-0690
FACSIMILE NUMBER: 866-589-0691
WEB SITE: www.homedepot.com
CONTACT (REPRESENTATIVE): Richard Nyberg
REPRESENTATIVE'S E-MAIL ADDRESS: [email protected] YES
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM THIS CONTRACT [X]
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT: [X]
PAYMENT TERMS. [X] NET 30 DAYS (See Below)
Note: Net 30 is for Home Depot Account transactions only. Payment is required at the time of each transaction.
Note: Net 60 payment terms for Home Depot Accounts may be available upon review of a customer's account information.
1.0 PRICING:
1.1 Do you offer a Rebate in lieu of a discount Yes
Details of your Rebate Program
· At least $10,000 to $25,000 Annual Net Sales (Pretax) = 1% Rebate · At least $25,000 to $100,000 Annual Net Sales (Pretax) = 2% Rebate · Over $100,000 Annual Net Sales (Pretax) = 5% Rebate
1.2 Pro Rewards Paint Program
Level
Discount
%
Minimum Annual Spend
on Paint
Gold 20% $ 7,500
Silver 15% $ 4,000
Bronze 10% $ 2,000
1.3 Volume Pricing Program
For any purchase over $1,500 more aggressive
pricing may be available through the Volume Pricing
Program.
For any planned order over $1,500, call in the
request for quote to the ProDesk of your local The
Home Depot
store and ask for it to be submitted for volume
pricing consideration.
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EXHIBIT B
STATEMENT OF WORK
CONTRACT FOR MAINTENANCE, REPAIR, OPERATING SUPPLIES, INDUSTRIAL SUPPLIES, AND RELATED PRODUCTS AND SERVICES (U.S. Communities)
1.0 INTENT:
The Contractor shall have a strong national presence for a vast array of supplies and equipment necessary for maintenance and repair in residential, commercial and industrial environments for use by various public entities nationwide.
Other governmental entit ies under agreement with the County may have access to services provided hereunder.
The County reserves the right to award in whole or in part, by item or group of items, by section or geographic area, or make multiple awards, where such action serves the County’s best interest.
The County reserves the right to add additional contractors, at the County’s sole discretion, in cases where the currently listed contractors are of an insufficient number or skill- set to satisfy the County’s needs or to ensure adequate competition on any project or task order work.
1.1 INTRODUCTION, BACKGROUND AND INTENT:
MASTER AGREEMENT
Maricopa County, AZ (herein “Lead Public Agency” on behalf of itself and all states, local governments, school districts, and higher education in stitutions in the United States of America, and other government agencies and nonprofit organizations (herein “Participating Public Agencies”) is awarding a contract to a qualified supplier to enter into a Master Ag reement for a complete line of Maintenanc e, Repair and Operating (MRO) Supplies and Industrial Supplies in a Retail and Wholesale environment; and Related Products and Services (herein “Products and Services”).
1.2 GENERAL DEFINITION OF PRODUCTS AND/OR SERVICES
Contractors are to have the broadest possible selection of MAINTENANCE, REPAIR,
OPERATING SUPPLIES, INDUSTRIAL SUPPLIES AND RELATED PRODUCTS AND SERVICES they offer. The intent of this contract is to provide Participating Public Agencies with a comprehensive offering of products and services to meet their various needs.
1.2.1 Maintenance, Repair, Operating (MRO) Supplies and Related Se rvices (Installation, Repair and Renovation) – A complete and comprehensive offering of wholesale and/or retail MRO supplies such as appliances, building materials, hardware, HVAC, kitchen and bath cabinets, janitorial supplies, landscaping equipment and supplies, motors, pumps, paints and coatings, plumbing, pool chemicals and supplies, hand- held general purpose tools, power tools, flooring, window coverings, and any other miscellaneous MRO supplies offered by Supplier.
In addition, a complete range of services available through the Supplier such as, but not limited to, installation, renovation services, repair services, training services and any other related services offered by Supplier.
1.2.2 Related Products and Services (Including Installation, Repair and Renovation Services) – A complete range of r elated products and services offered by Supplier including, but not limited to, installation, repair and renovation services for replacements, upgrades, and remodeling in the residential, commercial and industrial environments relating to any of the follow ing (non -inclusive): roofing, gutters, downspouts, HVAC, plumbing, electrical, exterior decks, patios and porches, exterior siding, windows and
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doors, interior and exterior painting, weatherization, ADA improvements, hose fabrication, hydraulic repairs, g earbox repairs, conveyor system repairs, vulcanizing, rubber fabrication, and any other types of residential, commercial and industrial environments.
2.0 SCOPE OF WORK:
2.1 MAINTENANCE, REPAIR, OPERATING SUPPLIES (MRO) AND RELATED SERVICES (INSTALLATION, REPAIR AND RENOVATION):
Provide a complete and comprehensive offering of Retail MRO supplies such as appliances, building materials, hardware, HVAC, kitchen and bath cabinets, janitorial supplies, landscaping equipment and supplies, motors, pumps, paints and coatings, plumbing, pool chemicals and supplies, hand-held general purpose tools, power tools, flooring, window coverings, and any other miscellaneous MRO supplies offered by Supplier.
In addition, a complete range of services available through the Supplier such as, but not limited to, installation, renovation services, repair services, training services and any other related services offered by Supplier.
2.2 RELATED PRODUCTS AND SERVICES (INSTALLATION, REPAIR AND RENOVATION SERVICES):
2.2.1 Any related products offered by Supplier.
2.2.2 Services may also include replacements, upgrades, remodeling; and product, turnkey and major category installations.
2.2.3 Services performed shall be non-structural in nature.
2.2.4 Products used in performing these services shall be procured under the awarded contract, at contract prices.
2.2.5 These services may be required in the residential and commercial environments and may be any of the following (non-inclusive):
2.2.5.1 Roofing, Gutters, Downspouts
2.2.5.2 HVAC
2.2.5.3 Plumbing
2.2.5.4 Electrical
2.2.5.5 Exterior decks, patios and porches
2.2.5.6 Exterior Siding
2.2.5.7 Windows, Doors
2.2.5.8 Interior/Exterior Painting
2.2.5.9 Weatherization – Storm Windows/Doors, Insulation, Weather Stripping
2.2.5.10 ADA Improvements
2.2.6 Services:
2.2.6.1 Providing and managing qualified contractors
2.2.6.2 Budget management in keeping projects on budget
2.2.6.3 Project management services in design, planning, organizing, scheduling and managing all stages of a project.
2.2.7 Service Providers (Labor):
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2.2.7.1 Contractor shall serve as the single point of contact between Participating Public Agencies and Service Providers.
2.2.7.2 Contractor shall verify that all Service Providers are fully licensed for the type of work being performed in the respective state(s).
2.2.7.3 Contractor shall verify each Service Provider maintains at a minimum, the levels of insurance specified under in draft contract.
2.2.7.4 Contractor shall perform a background screen of all Service Providers consisting of (at a minimum):
2.2.7.4.1 National Employee Database
2.2.7.4.2 SSN Verification
2.2.7.4.3 National Criminal Database Check
2.2.7.4.4 Two County Search
2.2.7.4.5 Sex Offender Search
2.2.7.4.6 Annual Review (National Criminal Database)
2.2.7.4.7 Two (2) Year Complete Re-Screen and Renewal
2.2.7.4.8 Financial Background
2.2.7.5 All Service Provider employees shall wear a Service Provider’s issued picture identification badge at all times.
2.3 PRODUCT CATEGORIES:
This Agreement is to establish a nationwide purchasing agreement for the acquisition of MRO and related products/services. The category descriptive examples below are not to be considered restrictive, but rather, provide a general, non -inclusive, description of the cat egory. These are standard use in the residential, commercial, and industrial environments. .
All products offered shall be new, unused and of the latest design and technology.
The intent is for each Proposer to submit their complete product line so that Participating Public Agencies may order a wide array of product as appropriate for their needs. You may subcontract items your firm does not supply.
2.3.1 CATEGORY 1: APPLIANCES
Large appliances: refrigerators, washers, dryers, dishwashing machines, stoves, cooktops, range hoods and ovens; TVs, DVR’s, small appliances: mixers, toasters, microwave ovens, food processors, disposals, trash compactors, and all ancillary supplies, tools, and components.
2.3.2 CATEGORY 2: BUILDING MATERIALS
Lumber (dimensional and timbe r), millwork, roofing, siding, plywood, paneling, hardwood, trim, molding, fencing, decking, gates, brick, block, doors, windows, bagged goods (concrete, mortar, sand, or asphalt), drywall, rebar, acoustical tiles, rain gutters, garage door openers, insulation, and all ancillary supplies, tools, and components.
2.3.3 CATEGORY 3: HARDWARE
Fasteners (nuts/bolts, screws, washers, rivets, nails), builders hardware (hinges, gate hardware, barrel bolts/hasps, corner braces, shelf brackets, closet hardware, springs), t hreaded rod/steel shapes, anchors, padlocks, lock sets, wheels, casters, ball bearings, rope, chain, metal stock, dry cell batteries, fire extinguishers, signs, cabinet hardware, mail boxes, safes, drop boxes, weatherization products, and all ancillary sup plies, tools, and components.
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2.3.4 CATEGORY 4: HEATING, VENTILATION, AND AIR CONDITIONING (HVAC) Equipment, package units, evaporative coolers, tools, parts, ducting, air filtration, thermostats, portable and fixed heaters, fans, and all ancillary supplies, tools, and components.
2.3.5 CATEGORY 5: KITCHEN AND BATH CABINETS
Kitchen cabinets, bath vanities, countertops, medicine cabinets, mirrors, and all ancillary supplies, tools, and components.
2.3.6 CATEGORY 6: JANITORIAL SUPPLIES
Cleaners, soaps, waxes, st rippers, polishes, vacuums, brooms, mops, buckets, gloves, carts, paper goods, and all ancillary supplies, tools, and components.
2.3.7 CATEGORY 7: LANDSCAPING EQUIPMENT AND SUPPLIES
Lawn and landscape equipment (gasoline and electric), shovels, rakes, axes, hoes, hoses, nozzles, insect control, herbicides, fertilizers, plants, trees, sprinkler/irrigation equipment and supplies and all ancillary supplies, tools, an components.
2.3.8 CATEGORY 8: MOTORS/PUMPS
Fractional and full horse, starters, pulleys, belts, fans, m otor controls, and all ancillary supplies, tools, and components.
2.3.9 CATEGORY 9: PAINTS AND COATINGS
All types of paints and coatings, wall paper, caulking, spray equipment, aerosol paints, pressure washers, sand blasters, finishes, abrasives, epoxy, cleaner s, drywall supplies, tarps, compounds, adhesives, accessories, and all ancillary supplies, tools, and components.
2.3.10 CATEGORY 10: PLUMBING
Equipment, parts, piping and fittings, water heaters, furnaces, disposals, pneumatic piping, filters, commodes, sinks, bathtubs, showers, shower doors, faucets, water conditioning equipment, water dispensing equipment, salt, and all ancillary supplies, tools, and components.
2.3.11 CATEGORY 11: POOL SUPPLIES
Pool chemicals, tools, timers, pump/motor units, vacuum equipment, patio furniture, parts, and all ancillary supplies, tools, and components.
2.3.12 CATEGORY 12: TOOLS, HAND-HELD GENERAL PURPOSE
Hand-held (electric, battery, or pneumatic operated), including accessories, automotive type tools, welding equipment, testing and measuring tools, carts and hand trucks, work benches, tool cabinets, ladders, and all ancillary supplies and components.
2.3.13 CATEGORY 13: TOOLS, POWER TYPE
Electric or gas operated, mobile or stationary, bench or floor mounted, including accessories, and all ancillary supplies and components.
2.3.14 CATEGORY 14: FLOORING AND WINDOW COVERINGS
All flooring, including but not limited to, vinyl plank, VCT, vinyl tile, ceramic tile, hardwood, carpet tile, carpet and cove base; b linds, shades, screens, window glass, mirrors, parts, and all ancillary supplies, tools, and components.
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2.3.15 CATEGORY 15: HOSPITALITY
Guest room supplies and appliances, personal care amenities, telephones, bed and bath linens, housekeeping cleaning supplies, public restroom supplies, carts, banquet and conference room supplies, guest room and suite furniture, fixtures, and equipment, pool and patio equipment, and other hospitality supplies.
2.3.16 CATEGORY 16: WATER AND WASTE WATER TREATMENT
Aeration, chart and data recorders, chemical feed, collection sy stems, flow metering, gauges, grounds maintenance, hose, hydrants, lab chemicals, equipment, and testing, location and leak detection, level and pressure, pipe, plugs, process analysis, pumps, sampling equipment, storm water, tanks, tools, valves, and water treatment.
2.3.17 CATEGORY 17: MISCELLANEOUS
Including, but not limited to: s helving (metal or wood composite), safety and emergency equipment, first aid supplies, conditioning salt, scaffolding (purchased), packaging supplies, communication supplies, electrical supplies, lighting supplies, office products, and property management products.
2.3.18 CATEGORY 18: IN STORE SERVICES
Including, but not limited to: glass cutting, pipe threading, planning services (flooring and cabinet), verbal technical advice, special ord ers, rental equipment, etc.
2.4 PRODUCT ORDERING:
2.4.1 Contractor’s limited product line (Wholesale or Retail) shall be available for internet ordering 24/7.
2.4.2 Products may be ordered by any of the following methods:
2.4.2.1 Retail Stores (Point of Sale)
2.4.2.2 Internet (Homedepot.com )
2.4.2.3 Other eProcurement options
2.4.2.4 Will Call (Phone or FAX order)
2.5 PRODUCT PRICING:
Retail:
Products shall be sold at their retail price. An annual volume rebate will be paid to Participating Public Agencies (see Exhibit A ). For any purchase ov er $1,500, more aggressive pricing may be available through the Volume Pricing Program. The discount offered through this program will depend on dollar value, quantity and type of material. In addition, the Pro Rewards Paint program offers Participating Pu blic Agencies further discounts on their paint only purchases (see Exhibit A).
2.6 ON-LINE CATALOG DISCOUNT PRICING:
Presently, t he capability exists to access a limited on-line catalog reflecting contract pricing of products.
2.7 RELATED PRODUCTS AND SERVICES (INSTALLATION, REPAIR AND RENOVATION SERVICES) PRICING:
2.7.1 All Participating Public Agencies shall receive a detailed written quotation for all services to be performed, and product(s) to be provided.
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2.7.2 All quotations shall be for a “not to exceed” amount.
2.7.3 As an audit tool, the Contractor(s) shall provide a copy of the most current R.S. Means Bare Cost Data (including any city cost index adjustment) pertaining to all written quotations.
2.7.4 Spending on services shall be included in the annual volume rebate (see Exhibit A).
2.8 SALES REPORTING:
2.8.1 Sales Dollars
2.8.2 Sales histories by manufacturer, item description, part number, quantity, NIGP codes
2.8.3 Procurement card (MasterCard or Visa brand)
2.9 BRAND NAMES:
The County reserves the right to request samples to determine quality and acceptability of materials bid by Contractor. . Materials substantially equivalent to those designated shall qualify for consideration of an order.
2.10 DELIVERY, FREIGHT REQUIREMENTS:
2.10.1 All domestic ground shipments shall be FOB Dest ination, Freight Prepaid and Included .
Any handling fees shall also be included in the pricing.
2.10.2 Any requests for local delivery of orders placed at local stores shall be subject to local delivery fees, if applicable.
2.10.3 Shipping and handling fees are allowable to destinations outside the continental U.S.
2.10.4 A packing list or other suitable shipping document shall accompany each shipment and shall include the following:
2.10.4.1 Contract Serial number
2.10.4.2 Contractor’s name and address
2.10.4.3 Participating Public Agency’s name and address
2.10.4.4 Participating Public Agency’s purchase order number
2.10.4.5 A description of product(s) shipped, including item number(s), quantity (is), number of containers and package number(s), as applicable
3.0 PROCUREMENT REQUIREMENTS:
3.1 SHIPPING TERMS:
Bid price(s) and terms shall be F.O.B. Destination at ordering Agencies locations for those items requested to be delivered. Delivery charges may apply based on location.
3.2 OPERATING MANUALS (If required):
Upon delivery, Contractor shall provide comprehensive operational manuals, service manuals and schematic diagrams, if required by the Using Agency.
3.3 INSTALLATION: (If required):
The Contractor’s price shall include delivery and installation of all equipment in a complete operating condition.
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3.4 ACCEPTANCE: (If required):
Upon delivery and successful installation, the material(s) shall be deemed accepted and the warranty period shall begin. All documentation shall be completed prior to final acceptance.
3.5 CONTRACTOR EMPLOYEE MANAGEMENT:
3.5.1 Contractor shall endeavor to maintain the personnel proposed in their offer throughout the implementation of the Agreement. In the event that Contractor personnel’s employment status changes, Contractor shall provide County a list of replacement personnel. . Unde r no circumstances is it acceptable for the implementation schedule to be impacted by a personnel change on the part of the Contractor.
3.5.2 County reserves the right to immediately remove from its premises any Contractor personnel it determines is a risk to County operations.
3.5.3 County reserves the right to request the replacement of Contractor personnel at any time, for any reason.
3.6 WARRANTY:
Home Depot SOW Information: All repair and renovation services performed by Home Depot carries a one (1) year workmanship warranty and all manufacturers’ product warranties shall be passed on to the end customer as further detailed in Contract section 6.5. Home Depot also offers a robust return policy on product purchases, whereas (most) returns within 90 days of purchase are accommodated with a valid sales receipt for exchange, refund, credited to an associated Home Depot
3.6.1 All items furnished under this Contract shall conform to the requirements of this Contract and shall be free from defects in design, materials and workmanship.
3.6.2 The warranty period for workmanship shall be for an initial period of twelve (12) months and commence upon acceptance by County.
3.6.2.1 The Contractor agrees that he will, at his own expense, provide all labor and parts required to remove, repa ir or replace, and reinstall any such defective workmanship and/or materials which becomes or is found to be defective during the term of this warranty. The Contractor shall guarantee the equipment to be supplied complies with all applicable regulations.
3.7 FACTORY AUTHORIZED SERVICE AVAILABILITY (if required):
The Contractor shall have and maintain a local factory authorized service facility within the Phoenix, Arizona metropolitan area. The facility shall be capable of supplying and installing component parts, troubleshooting, repairing and maintaining the products . Minimum service hours shall be from 8:00 A.M. through 5:00 P.M., Arizona Time, Monday through Friday.
3.8 USAGE REPORT:
The Contractor shall furnish the County a usage report upon re quest deli neating the acquisition activity governed by the Contract. The format of the report shall be approved by the County and shall disclose the quantity and dollar value of each contract item by individual unit.
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16154 EXHIBIT C
FACILITIES MANAGEMENT REQUIREMENTS
Maricopa County Facilities Management operation requirements.
1.0 HOURS OF SERVICE:
1.1 REGULAR HOURS are between 6:00 AM and 6:00 PM, Monday through Friday, excluding County holidays.
1.2 AFTER HOURS is after 6:00 PM and prior to 6:00 AM, Monday through Friday.
1.3 WEEKENDS are anytime Saturday or, Sunday.
1.4 HOLIDAYS are County Holidays (See County holiday schedule attachment).
1.5 Services shall be available 24 hours per day, 7 days per week, 365 days per year.
1.6 Contractor shall provide 24 hours per da y, 7 days per week, 365 days per year telephone access, and strive to respond to a call for services within thirty (30) minutes of receipt.
2.0 RESPONSE TIMES:
2.1 During REGULAR HOURS, AFTER HOURS, WEEKEND or HOLIDAYs, Contractor shall strive to respond on -site within four (4) hours of receipt of a service request if a site visit is mutually determined to be required.
2.2 If the request is designated by the County as an EMERGENCY, the contractor shall strive to respond on-site within two (2) hours of receipt of a service request regardless of the time of day, WEEKEND or HOLIDAY if a site visit is mutually determined to be required.
3.0 TRIP CHARGE:
Trip charges are permitted when time and material work is requested at the following sites only:
3.1 MCSO Lake Aid Stations (Apache, Bartlett, Blue Point, Canyon and Saguaro)
3.2 County offices located in Gila Bend, AZ
3.3 County offices located in Buckeye, AZ
3.4 County offices located in Aguila, AZ
3.5 Only one trip charge may be charged per service call.
3.6 If the contractor arri ves onsite and is unable to locate a County representative familiar with the work or unable to gain access to the work site, the Contractor may only bill for a trip charge (maximum one time daily trip charge not to exceed $50.00). The Contractor is not au thorized to incur nor will the County accepting billing for any labor charges.
4.0 CONTRACTOR REQUIREMENTS:
4.1 Contractor(s) shall supply all labor, supervision, materials, tools, equipment, and effort necessary to perform the Scope of Work presented.
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4.2 The Contractor’s service truck fleet and/or warehouse shall carry sufficient supply of repair parts and equipment to perform services per Scope of Work presented.
4.3 The Contractor agrees to utilize only experienced, responsible and capable people in the performance of the work.
4.4 All employees of the Contractor shall wear a company uniform identified with the company name that may include one of the following:
4.4.1 Shirt/blouse
4.4.2 Vest
4.4.3 Cap
4.4.4 Badging that identifies the business they work for
4.5 No one except authorized employees of the Contractor is allowed on the premises of Maricopa County. Contractor’s employees are NOT to be accompanied in their work area by acquaintances, family members, assistants, or any other person unless said person is an authorized employee of the Contractor.
4.6 The Contractor shall perform the work in a way to minimize disruption to the normal operation of building occupants. Upon completion of work the Contractor shall clean and remove from the job site all debris, materials and equipment associated with the work performed.
4.7 Contractor shall adhere to all regulations, rules, ordinances, and standards set by Federal, State, County, and Municipal governments pertaining to safety on the job site.
5.0 BUILDING SECURITY (KEYS):
5.1 The Contractor may be provided keys to required County Facilities at the discretion of FMD.
Keys may be acquired by:
5.2 The Contractor being provided permanent key(s), wherein the Contractor verifies receipt of and accepts responsibility for keys. The keys must be returned at the completion of the work or at the direction of FMD. Keys not returned may cause the County to re -key the ENTIRE building or locations that the set of keys opened with the cost being borne by the Contractor.
5.3 In lieu of or in addition to keys, the Contractor may be provided card access badges at the discretion of FMD.
5.4 The Contractor shall notify FMD within twenty- four (24) hours if any keys are lost, misplaced, stolen or otherwise not within the Contractor’s control.
6.0 Once the Purcha se Order is complete, expired, or terminated the Contractor shall immediately return all badges and keys to FMD.SALVAGE:
Salvage rights shall be evaluated on a project by project basis by the County and shall be determined prior to incorporation in the con tractor’s bid price. Salvage rights automatically apply for all work if in the best interest to the County. Salvageable materials without pre- approved contractor salvage rights shall be securely stored and are not to be transported off the site without wri tten permission from Maricopa County.
If contractor is given salvage rights, salvageable materials shall be removed daily. No on site storage of contractor’s salvaged materials will be permitted.
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7.0 INVOICES AND PAYMENTS:
For transactions using a Home Depot Net 30 Account, Invoices are required to contain the following information and should be e-mailed to [email protected] If invoices cannot be e-mailed, U.S. Mail is acceptable to Maricopa County Facilities Management, Accounts Payable, 401W. Jefferson, Phoenix, Arizona 85003 – or to the address that was used in establishing the associated Home Depot Account.
7.1 Company name, address and contact information
7.2 County bill-to name and contact/requestor information
7.3 Building Name and Building Number
7.4 County purchase order number
7.5 County contract number
7.6 Maximo (FMD) service call number
7.7 Invoice number and date
7.8 Date of service or delivery
7.9 Description of Purchase (services performed)
7.10 Labor breakdown: rate per hour x no. of hours by personnel type (time & materials)
7.11 Material breakdown: itemized parts list to contain unit price x quantity, indicating mark -ups as contracted (time & materials)
7.12 Arrival and completion time
7.13 Total Amount Due with tax amounts separated. Must also clearly indicate the tax rate being applied
7.14 Payment Terms
For Time & Material work, Contractor(s) must provide, all equipment, expendable shop supplies (rags, cleaners, solvents, gasses, etc.), miscellaneous parts (screws, bolts nuts, small items etc.), tools, etc. necessary to perform all the required services. Contractor(s) are allowed a one- time Misc. Shop fee charge of up to $25.00 per work order to cover these type of expenses. Anything beyond the $25 limit, will be provided at the contractor’s own expense.
8.0 CONTRACTOR EMPLOYEE BACKGROUND CHECK:
A background check is required for all Contractor employees providing services to the County. The cost of this service shall be incurred by the County. No C ontractor employee may access County property without approval of FMD.
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16154 EXHIBIT C
FACILITIES MANAGEMENT REQUIREMENTS
Maricopa County Facilities Management operation requirements.
1.0 HOURS OF SERVICE (any fluctuations to these hours will be handled in the Solicitation):
1.1 REGULAR HOURS are between the hours of 6:00 a.m. and 6:00 p.m., Monday through Friday, excluding County holidays.
1.2 AFTER HOURS are between the hours of 6:00 p.m. and prior to 6:00 a.m., Monday through Friday.
1.3 WEEKENDS are anytime on a Saturday or a Sunday.
1.4 HOLIDAYS are County holidays.
1.5 Services shall be available 24 hours per day, 7 days per week, 365 days per year.
1.6 The Facilities Management Parts Warehouse is open for deliveries between the hours of 7:00 a.m. to 3:00 p.m. weekdays except for County holidays.
2.0 BEGINNING OF WORK:
2.1 Contractor shall provide 24 hours per day, 7 days per week, 365 days per year telephone access, and use best efforts to respond to a call for services within thirty (30) minutes of receipt via phone or email.
2.2 During REGULAR HOURS, AFTER HOURS, WEEKEND or HOLIDAYs, Contractor shall strive to respond on -site to begin work within four (4) hours of receipt of a service request unless arranged for a later date/time with the County per the work order or notice to proceed.
2.3 The four (4) hour response time shall carryover to the next working day if called into Contractor’s office as a non-emergency call after 2:00 p.m. The Contractor will be required to begin work by 8:00 a.m. the following day, as mutually agreed to by the Parties.
2.4 Contractors shall strive to respond to EMERGENCY requests immediately and report on - site to begin work within two (2) hours service call request regardless of the time of day, WEEKEND or HOLIDAY.
3.0 TRIP CHARGE:
One-time trip charges of $50.00, or other amount only if previously identified to the Maricopa County contact and agreed to by them (one per work order), are permitted when Time and Materials work is requested at the following sites ONLY:
3.1 MCSO Lake Aid Stations (Apache, Bartlett, Blue Point, Canyon and Saguaro)
3.2 County offices located in Gila Bend, AZ
3.3 County offices located in Buckeye, AZ
3.4 County offices located in Aguila, AZ
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4.0 DEAD END CHARGE:
If the Contractor is unable to locate a County representative familiar with the work or is unable to gain access to the work site, the Contractor shall call the County Boiler Room (602- 506-3310). The Boiler Room technician will give Contractors further instruction at this time. If the Contractor is delayed or turned away, a $50.00 trip charge shall be authorized by the County.
5.0 CONTRACTOR REQUIREMENTS:
5.1 Contractor shall provide and maintain during the entire period of this contract, all labor, supervision, materials, effort, tools, and equipment sufficient in number, condition and capacity to e fficiently perform the work and render the services required by this contract.
Contractor shall provide evidence of his ability to furnish equipment and personnel. The Contractor’s service truck fleet and/or warehouse shall carry sufficient supply of repai r parts and equipment to perform services per Scope of Work presented.
5.2 The Contractor shall perform the work in such a way as to minimize disruption to the normal operation of the County site and building occupants. Upon completion of work, the Contractor is responsible for cleaning and removing from the job site; all debris, materials, and equipment associated with the work performed and County property is restored to the same condition prior to start of the job. Such disturbances may include, but are not limited to: loose dirt, dislocated gravel; removed vegetation; footprints; old asphalt/concrete; etc.
Documentation will be performed through an audit and feedback system of contract administration. If an inspection reveals that the Contractor f ailed to clean up after work has been performed, the County will notify the Contractor of the discrepancy and the Contractor will have twenty -four (24) hours to make the needed correction. Should the Contractor fail to correct noted issues, the County res erves the right to make other arrangements to have the area cleaned and the cost of such work shall be offset from any monies due the Contractor.
5.3 The Contractor shall perform all services in such a manner that does not damage County property. In the event damage occurs to Maricopa County property, or any adjacent property due to any services performed under this contract, the Contractor shall notify the County representative immediately of damages and replace or repair the same at no cost to the County. If damage caused by the Contractor has to be repaired or replaced by the County, and the cost of such work shall be deducted from the monies due the Contractor.
5.4 Contractor’s bidding on this solicitation may visit the sites to determine conditions that would affect prices and work performance. As some sites do have internal restrictions, a site visit may be scheduled if necessary. See GIS link for site directions:
https://gisportal.maricopa.gov/FMD/Facility/Index.html
.
5.5 Contractors must have a facility sufficient to support the work contemplated by this contract within fifty (50) miles of 401 W. Jefferson St., Phoenix AZ 85003.
5.6 The Contractor agrees to utilize only experienced, responsible, and capable people in the performance of the work.
5.7 All vehicles used by Contractor shall be clearly identified with the name of the company on each side of the equipment, including personnel transportation vehicles, or consistent with the Contractor’s busi ness practices. The letters shall be of such size that they are distinguishable from a reasonable distance or consistent with the Contractor’s business practices.
5.8 All employees of the Contractor shall wear a company uniform identified with the company name that may include of one of the following:
• Shirt/blouse
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• Vest
• Cap
5.9 Only authorized employees of the Contractor are allowed on the premises of Maricopa County. Contractor’s employees are NOT to be accompanied in their work area by acquaintances, family member s, assistants, or any other person unless said person is an authorized employee of the Contractor.
5.10 All work must comply with EPA, OSHA, and any State, County, or local regulations in effect at each service location. Contractor shall adhere to all regulatio ns, rules, ordinances, and standards set by Federal, State, County, and Municipal governments pertaining to safety on the jobsite. If the Contractor is found not to be in compliance with Federal, State, County, and/or Municipal safety rules, ordinances, po licy, procedure, or codes, the County may, in accordance with the “Suspension of Work” clause of the contract, suspend the work without cost to the County until such non- compliant issues are rectified to the satisfaction of the Using Agency. Continued non-compliance may result in termination.
6.0 BUILDING ACCESS:
6.1 The Contractor may be provided access to County Facilities at the discretion of Facilities Management. keys, badges, or access cards will be provided per the following guidelines:
6.2 Contractor employees may sign out a set of keys (all looped on a single key ring) upon arrival at site, and must turn -in key set after completion of duties unless they are issued a permanent key.
6.3 Permanent keys may be provided to Contractor employees on a case -by-case basis. S hould an employee leave the Contractor’s work force, Contractor must immediately notify the County and keys, badges, and access cards must be returned to the County.
6.4 The Contractor shall notify the County within twenty -four (24) hours if any keys, badges , or access cards are lost, misplaced, stolen or otherwise not within the Contractor’s control.
6.5 Once this agreement is complete, expired, or terminated, the Contractor shall immediately return all keys, badges, or access cards to the County.
6.6 Failure to comply with these requirements may result in the Contractor being assessed the cost of replacing keys or access cards and any associated cost to ensure the security of County facilities including but not limited to, re -keying the ENTIRE building at the expense of the Contractor.
7.0 CANCELLATION COST:
Any scheduled work cancelled without a minimum of 48 hours prior notice to the County will be rescheduled with the Contractor and is subject up-to a 25% reduction of the cost.
8.0 SALVAGE:
Salvage and trade-in rights shall be evaluated on a project -by-project basis by the County and shall be determined prior to incorporation in the Contractor’s bid price. Salvageable materials without pre-approved Contractor salvage rights shall be securely stored and are not to be transported off the site without written permission from Maricopa County. If Contractor is given salvage rights, salvageable materials shall be removed daily. On -site storage of Contractor’s salvaged materials is not permitted.
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9.0 DELIVERY:
9.1 Delivery shall be made to the County no later than 3:00 p.m. on the seventh (7 th) calendar day after order is received.
9.2 Exceptions to delivery schedule will be special order items that must be identified to the County.
9.3 Maricopa County reserves the right to obtain material on the open market in the event vendors fail to make delivery and charge any price differential to the vendor.
9.4 Delivery will be made to the following address:
FACILITIES MANAGEMENT DIVISION (FMD) WAREHOUSE
2401 S. 28th Dr.
Phoenix, AZ 85009
Warehouse Manager: 602-506-1935
Warehouse Specialist: 602-506-1943
Receiving hours: 7:00 a.m. – 3:00 p.m.
10.0 FACILITIES MANAGEMENT INVOICES AND PAYMENTS:
10.1 Payment terms shall be calculated based on the date a properly completed invoice is received by the County.
10.2 For transactions using a Home Depot Net 30 Account, Contractors shall provide the County with invoices no later than fourteen (14) days after all services and delivery of goods are complete and accepted by the County rendered final.
10.3 Home Depot Account invoices should contain access to the following information:
• Company name, address and contact information
• County bill-to name and contact/requestor information • Building name and building number
• County purchase order number
• Contract or BidSync agreement number
• Maximo (Facilities Management) work order number
• Invoice number and date
• Date of service or delivery (for Project work: use “Completion date”) • Description of services performed
• Line item description of parts and materials (Time and Materials work) • Line item labor breakdown: arrival and completion time, rate per hour x no. of hours by personnel type (Time & Materials work)
• Total amount due with tax amounts separated (Time and Materials work). *On a separate line, clearly indicate the tax rate being applied
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• Payment Terms as stated in the agreement
10.4 Questions regarding billing or invoicing shall be directed to the email address below.
10.5 Invoices shall be e-mailed to: [email protected]
10.6 If invoices cannot be e-mailed, send by mail to:
Maricopa County Facilities Management – Accounts Payable 401 W. Jefferson St.
Phoenix, Arizona 85003
10.7 Payment shall be made to the Contractor by the Accounts Payable/Finance department through an Electronic Funds Transfer (EFT) process. After Contract Award the Contractor shall complete the Contractor Registration Form located on the County Department of Finance Contractor Registration Web Site (http://www.maricopa.gov/922/Vendors ).
10.8 EFT payments to the routing and account numbers designated by the Contractor will include the details on the specific invoices that the payment covers. The Contractor is required to discuss remittance delivery capabilities with their designated financial institution for access to those details.
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SERIAL 16154-RFP
HOME DEPOT U.S.A., INC., PO BOX 193176, COLUMBUS OH 43218 2455 PACES FERRY ROAD, ATLANTA, GA. 30339
PRICING SHEET: NIGP CODE 45041
Terms: NET 30
Vendor Number: VC0000005735
Certificates of Insurance Required
Contract Period: To cover the period ending December 31, 2021 2026.
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Public Works Agency
www.santa-ana.org/public-works
Item # 14
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 7, 2023
TOPIC: Purchase of Security Lighting for Santa Ana Stadium
AGENDA TITLE
Approve a Purchase Order in the Amount of $282,171 to Musco Sports Lighting, LLC. for LED Sports Lighting with Related Supplies and Services (Project No. 23-2604) (Non- General Fund)
RECOMMENDED ACTION
Authorize a one-time purchase order to Musco Sports Lighting, LLC. for the purchase of LED sports lighting and installation services for the Santa Ana Stadium in the amount of $282,171, with a contingency of $42,326 for a total of $324,497, subject to non- substantive changes approved by the City Manager and the City Attorney.
DISCUSSION
The Public Works Agency’s Parks Maintenance Division is responsible for overseeing and repairing various parks and facilities. The city-owned Santa Ana Stadium is a multifunctional outdoor stadium that hosts many events including local league’s football and soccer games, high school and college athletics, commencement ceremonies, and citywide events. Additionally, the 9,000-seat stadium has hosted national and international soccer leagues for exhibition games. The programming at the Santa Ana Stadium provides leisure, recreation, and entertainment opportunities for residents and highlights our city facility to outside visitors.
Public Works staff evaluated the lighting at the Stadium, in collaboration with Parks and Recreation staff, and determined that improvements need to be completed to support the various sporting and recreation events hosted at this site. Staff recommends the installation of Musco luminaires to provide adequate lighting for stadium patrons’ safety.
Installation of additional lighting will entail modifying existing stadium light poles to accommodate new aerial lighting. This new lighting will facilitate field operations after dusk with area lighting throughout the stadium and its surrounding areas, including pathways and walkways for residents and visitors. Staff proposes to replace the existing lights with Musco LED fixtures that are more energy efficient and includes a 25-year warranty; this saves the City maintenance costs for many years, while also providing energy efficient lighting and creating safer playing fields.
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February 7, 2023
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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
Funds are available in the current Fiscal Year 2022-2023 as follows.
Fiscal
Year
Accounting
Unit-Account #
Fund
Description
Accounting Unit,
Account
Description
Amount
2022-
23 05113263-66220
(23-2604)
Park
Improvement
Fund
Park Improvements-
Improvements Other
Than Building
$324,497
TOTAL $324,497
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council
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Public Works Agency
https://www.santa-ana.org/public-works
Item # 15
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 7, 2023
TOPIC: Purchase of Six Chevrolet Colorado Trucks for Police and Public Works
AGENDA TITLE
Award Purchase Order to Penske Chevrolet of Cerritos in the Amount of $346,134 for One 2023 Chevrolet Colorado Crew Cab Short Bed Truck, and Five 2023 Chevrolet Colorado Crew Cab Long Bed Trucks (Specification No. 22-134) (General Fund and Non-General Fund)
RECOMMENDED ACTION
Authorize a one-time purchase and payment of purchase order to Penske Chevrolet of Cerritos for the purchase of one 2023 Chevrolet Colorado Crew Cab Short Bed Truck, and five 2023 Chevrolet Colorado Crew Cab Long Bed Trucks, in the amount of $336,134, plus a contingency of $10,000, for a total amount not to exceed $346,134, subject to non-substantive changes approved by the City Manager and City Attorney.
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 Public Works Agency, Water Resources Division is in need of a new vehicle for day to day operations, and the Police Department needs to replace existing aging fleet.
One vehicle is for the Public Works Agency Water Resources Division. The division oversees and maintains the daily operations of the City’s water and sanitary sewer systems. In order to safely perform necessary system maintenance and repairs, the Water Resources Division relies on specially trained Utility Inspectors to identify utility infrastructure and coordinate with appropriate external agencies prior to City crews performing work. Utility Inspectors also inspect the work of other utilities and contractors performing work within the City to ensure City standards are met. The vehicle requested by Water Resources will be utilized by the Utility Inspectors while performing these important tasks.
Five vehicles are for the Santa Ana Police Department (SAPD). The SAPD has a fleet of 245 vehicles, and eight of these vehicles are assigned to the Traffic Division, Parking Control Unit of the Field Operations Bureau. The Police Department uses Chevy Colorado trucks as the standard vehicle for parking control operations. All of the current parking control vehicles are 2005 or 2008 models and are past the useful life of the
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vehicle in this capacity. The original purchase of these vehicles pre-date the equipment replacement policy that Fleet implemented to begin setting aside funds for the eventual replacement of the vehicles.
The SAPD was authorized with a one-time allocation of funds to replace a few vehicles as part of the FY 2022-23 annual budget process. These new Colorado Crew Cab Long Bed trucks will replace four Ford Ranger vehicles and one Ford Escape.
The Notice Inviting Bids was advertised on September 27, 2022 on the City’s online bid and management publication system. A summary of the Invitation for Bid and bids received is as follows:
Vendors notified 208
Santa Ana vendors notified 1
Vendors downloaded the bid packet 8
Bids received 1
Bids received from Santa Ana vendors 0
Bids were solicited, opened on November 30, 2022, and evaluated. The bid submitted by Penske Chevrolet of Cerritos located in Cerritos, California was determined responsive to the specifications and meets the City’s requirements.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action.
FISCAL IMPACT
Funds are budgeted and made available in the following accounts for the specified year.
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 01114405-
66400 General Fund - PD Traffic - Machinery &
Equipment $285,420
2022-23 06017641-
66400 Water Fund
Water System
Maintenance -
Machinery & Equipment
$60,714
Total $346,134
City Council
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Public Works Agency
www.santa-ana.org/public-works
Item # 16
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 7, 2023
TOPIC: Purchase of Eight Chevrolet Colorado Trucks for Public Works
AGENDA TITLE
Award a Purchase Order in the Amount of $399,274 to National Auto Fleet Group for Eight Chevrolet Colorado Trucks for the Public Works Maintenance Services, Building Maintenance, CIP Engineering, and NPDES Divisions (Specification No. 22-135) (Non- General Fund)
RECOMMENDED ACTION
Authorize a one-time purchase and payment of purchase order to National Auto Fleet Group for the purchase of eight Chevrolet Colorado Trucks in the amount of $369,274, plus a contingency of $30,000, for a total amount not to exceed $399,274, subject to non-substantive changes approved by the City Manager and City Attorney.
DISCUSSION
The Public Works Agency’s Fleet Services Division is responsible for the acquisition, maintenance, repair, and replacement of vehicles, trucks, and maintenance equipment.
Within the Public Works Agency, the Maintenance Services Division, Building Maintenance Division, CIP Engineering Division, and National Pollutant Discharge Elimination System (NPDES), program staff is in need of replacing existing vehicles and adding new vehicles to the city’s fleet.
One vehicle is for the Maintenance Services Division. The division is responsible for the maintenance of approximately 400 miles of streets and 50,000 street trees. The vehicle is to be utilized by staff to conduct daily operations including work site inspections and transporting/hauling heavy debris and supplies. Furthermore, the vehicle will be crucial and heavily used during emergency and rain/windstorm situations for staff to survey, monitor, and assess conditions to deploy resources where most needed.
Two vehicles are for the Building Maintenance Division. The division is responsible for the maintenance and repair of city facilities. In order to mobilize the Building Maintenance team to these facilities to perform preventative maintenance, corrective maintenance, and emergency repairs, the division is in need of additional vehicles.
Four vehicles are for the CIP Engineering Division, Construction Inspection team. The Construction Inspectors provide citywide inspection for all capital projects within the
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public right-of-way, as well as processing permits for citywide-related development projects. The new vehicles will replace half of the Inspector’s aging fleet to ensure continued operational efficiencies and to avoid downtime.
One vehicle is for the NPDES program staff. The NPDES program staff conduct routine inspections at construction sites, industrial facilities, and commercial facilities to maintain compliance with the City’s Water Quality Ordinance. With the addition of a new NPDES program staff member, an additional vehicle is required for staff to perform their necessary job duties.
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
Funds are budgeted and made available in the following accounts for the specified year.
Fiscal
Year
Accounting
Unit-Account
No.
Fund Description Accounting Unit -
Account Description Amount
2022-23 05717640-
66400
Federal Clean
Water Protection
Enterprise
Federal Clean Water
Protection Enterprise -
Machinery &
Equipment
$48,791
2022-23 06817640-
66400 Sanitation Fund
Public Works-
Environment/Sanitation
- Machinery &
Equipment
$50,580
2022-23 07017100-
66400
Equipment
Replacement
Equipment
Replacement -
Machinery &
Equipment
$299,903
Total $399,274
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Purchase of Eight Chevrolet Colorado Trucks
February 7, 2023
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Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council
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Police Department
www.santa-ana.org/police
Item # 17
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 7, 2023
TOPIC: Supplemental Law Enforcement Services Account Funds AGENDA TITLE:
Approve Appropriation Adjustment Recognizing $674,887 in Supplemental Law Enforcement Services Account Funds and Spending Plan (Non-General Fund)
RECOMMENDED ACTION
1. Approve an appropriation adjustment recognizing $674,887 in Law Enforcement Grants revenue account and appropriate same to the Supplemental Law Enforcement Services Fund expenditure account. (Requires five affirmative votes)
2. Approve use of the Supplemental Law Enforcement Services Account funds for frontline municipal police services as included within this staff report.
DISCUSSION
In 1996, the California State Assembly Bill 3229 established the Citizens Option for Public Safety (COPS) program and the creation of a Supplemental Law Enforcement Services Fund (SLESF). The purpose of SLESF was to provide funding to local government to supplement public safety services. Funding allocations are based on annual estimated population figures for respective counties and cities. In 2011, the SLESF became known as the Supplemental Law Enforcement Services Account (SLESA).
SLESA funds can only be used to fund frontline law enforcement services and must supplement existing services and not supplant any current funding. These funds can be used for salaries, services, supplies, equipment, and administrative overhead. CA Government Code Sections 30061-30063 (Chapter 6.7 Supplemental Local Law Enforcement Funding) requires the City Council to appropriate existing and anticipated funds in accordance with written requests submitted by the Chief of Police.
Adoption of the FY 2022-23 annual budget included $829,970 in SLESA funds received in prior fiscal years. The Police Department requests the approval of an appropriation adjustment to recognize additional funds received in the amount of $674,887. The total
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amount of previously recognized and newly received funds is $1,504,857. The Police Department plans to use these funds for front line law enforcement services as follows:
•Hand-held portable and mobile radios, including accessories such as batteries and chargers;
•Police vehicles;
•Facility improvements, such as building security access system and interview room camera system upgrades;
•Miscellaneous equipment, including lapel microphones;
•Frontline law enforcement training and overtime.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Approval of the appropriation adjustment will recognize $674,887 in Law Enforcement Grants, State Grants-Indirect SLESF revenue account (no. 12814002-52026), and appropriate same to the Supplemental Law Enforcement Services Fund expenditure account as follows:
Fiscal
Year
Accounting Unit
– Account No. Fund Description
Accounting Unit –
Account No.
Description
Amount
FY 2022-
23 (Feb.-June)
12814407-
various
Supplemental Law
Enforcement
Services Fund
SLESA, Various $674,887
Any remaining balances not expended at the end of the fiscal year will be presented to City Council for approval of carryovers to FY 2023-24.
Submitted By: David Valentin, Police Chief
Approved By: Kristine Ridge, City Manager
City Council
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Community Development Agency
santa-ana.org/community-development
Item # 18
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 7, 2023
TOPIC: Appropriation Adjustment to Recognize Homeless Housing, Assistance and Prevention Program Funds
AGENDA TITLE:
Approve Appropriation Adjustment to Recognize Remainder Disbursement of Homeless Housing, Assistance and Prevention Program Funds – Round 3 (Non-General Fund)
RECOMMENDED ACTION
Approve appropriation adjustment recognizing $8,232,281.35 in funds from the State of California, Business, Consumer Services and Housing Agency in revenue account (no.12218002-52025) and appropriate the same amount to expenditure account (no. 12218717-various) to address homelessness in the City of Santa Ana. (Requires five affirmative votes)
DISCUSSION
The Homeless Housing, Assistance and Prevention Program (HHAP) was signed into law on July 31, 2019 by Governor Newsom. HHAP Round 1 was a $650 million grant that provided local jurisdictions with funds to support regional coordination, and expand or develop local capacity to address their immediate homelessness challenges. The City of Santa Ana (City) was awarded $8,422,162.84. The majority of these funds were used for the tenant improvements at the Homeless Navigation Center.
HHAP Round 2 was a $300 million grant that supported previous funding to respond to homelessness. The City was awarded $3,981,386. Similar to Round 1 funds, the majority of these funds were used for tenant improvements at the Homeless Navigation Center.
HHAP Round 3 is a $1 billion block grant that supports both HHAP Round 1 and Round 2 funding activities and the City will use the HHAP Round 3 grant ($10,290,351.69) for Navigation Center operation costs, outreach and engagement, administration, and the delivery of permanent housing for homeless youth. The City received an initial disbursement of $2,058,070.34, of which a portion was used for tenant improvements at the Navigation Center and for outreach and engagement. To receive the remaining portion of the grant award, totaling $8,232,281.35, the State of California required that all eligible entities submit an application including an approved local homelessness
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plan. City Council approved the City’s application and plan on June 7, 2022. In early November 2022, Governor Newsom paused the final disbursement of funds, demanding more accountability and results across the State. In late November, the City was notified that the remainder of the disbursement would be received following the execution of grant contracts.
FISCAL IMPACT
Approval of the appropriation adjustment will recognize $8,232,281.35 in funds from the State of California, Business, Consumer Services and Housing Agency into the HEAP & HHAP Grant revenue account (no. 12218002-52025 State Grant-Direct) and appropriate the same amount into the HHAP-3 Grant expenditure accounts (nos.12218717-various.)
Any remaining balances not expended at the end of the fiscal year will be presented to City Council for approval of carryovers to FY 23-24. All funds are to be used by June 30, 2026.
EXHIBIT(S)
1. HHAP 3 Remainder Disbursement Award Letter
Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Kristine Ridge, City Manager
City Council
18 –
2 2/7/2023
Busi
ness, Consumer Services and Housing Agency
Gavin Newsom, Governor | Lourdes M. Castro Ramírez, Secretary 915 Capitol Mall, Suite 350-A | Sacramento, CA 95814 | (916) 653-4090 www.bcsh.ca.gov/hcfc
November 21, 2022
City of Santa Ana
Community Development Agency
20 Civic Center Plaza, M-25
Santa Ana, CA 92701
RE: HHAP -3 Remainder Disbursement Announcement – City of Santa Ana Ag
reement # 22-HHAP-20004
Remainder Disbursement: $ 8,232,281.35
Dea
r Terri Eggers:
Th
e Business, Consumer Services and Housing Agency’s (BCSH) California Interagency Council on Homelessness (Cal ICH) is pleased to announce that the City of Santa Ana has been awarded a Homeless Housing, Assistance and Prevention Round 3 (HHAP-3) Remainder Disbursement in the amount of $ 8,232,281.35 This letter constitutes notice of the remainder award of HHAP-3 funds.
The
City of Santa Ana will receive its remainder disbursement of funds after the Remainder Disbursement Contract for Funds is fully executed. Please be advised that this award is subject to the terms and conditions of the Remainder Disbursement Standard Agreement Exhibits enclosed with this award packet. Failure to sign and return the Remainder Disbursement documents within 30 days of receipt from BCSH may result in a delay of disbursement of funds.
Con
gratulations on receiving your remainder HHAP-3 award. For further information or if you have any questions, please contact the Cal ICH grants team at [email protected].
Si
ncerely,
Victor Duron
Victor Duron,
Grants Director
EXHIBIT 1
City Council
18 –
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Community Development Agency
www.santa-ana.org/community-development
Item # 19
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 7, 2023
TOPIC: Approve Appropriation Adjustment to Recognize Permanent Local Housing Allocation
AGENDA TITLE:
Approve Appropriation Adjustment to Recognize Permanent Local Housing Allocation (Non-General Fund)
RECOMMENDED ACTION
Approve an appropriation adjustment recognizing $4,795,654 in funds from the State of California, into the Permanent Local Housing Allocation (PLHA) Program revenue account and appropriate the same amount into the PLHA Round 3 expenditure account to address homelessness in the City of Santa Ana. (Requires five affirmative votes)
DISCUSSION
In 2017, the California Legislature approved Senate Bill (SB 2), known as the Building Homes and Jobs Act, which established a $75 recording fee on real estate documents to increase housing production in California. The Act establishes the Permanent Local Housing Allocation (PLHA) program administered by the California Department of Housing and Community Development (HCD). Under the PLHA, funding is provided through formula grants to entitlement jurisdictions such as the City of Santa Ana (City).
The grants are based on the formula prescribed under federal law for the Community Development Block Grant (CDBG) program over a five-year funding period, as well as through a competitive grant program to non-entitlement jurisdictions. The City is an entitlement jurisdiction and is eligible to receive annual awards. As the number of real estate transactions that are recorded varies from year to year, so will the grant amount to the City. Over the last three years, the City has received a total of $11,957,188, including this current award of $4,795,654.
The City utilized the first year PLHA allocation for Navigation Center tenant improvement expenses. The remaining four (4) allocations are earmarked for the operation and future purchase of this site. The allocation also allows for a portion of the funds to be used for the administration of the Homeless Plan. Utilizing the funds in this manner will meet the State’s requirements of entitlement jurisdictions to use PLHA funds to increase the supply of affordable housing, and specifically in the category to assist those who are homeless, including, operating and capital costs for navigation
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Approve Appropriation Adjustment to Recognize Permanent Local Housing Allocation February 7, 2023
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centers and emergency shelters.
Further these PLHA funds will build upon the City’s existing efforts to prevent and combat homelessness, to address the needs of homeless and unstably housed residents.
FISCAL IMPACT
Approval of the appropriation adjustment will recognize $4,795,654 in funds from the State of California, in PLHA Program revenue account (No. 15818002-52025 State Grant and appropriate the same amount to expenditure account (No. 15818702- various).
Any remaining balances not expended at the end of the fiscal year will be presented to the City Council for approval of carryovers to FY 23-24.
EXHIBIT(S)
1. Award Announcement - Permanent Local Housing Allocation Program Round 3 Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Kristine Ridge, City Manager
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STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF STATE FINANCIAL ASSISTANCE
2020 W. El Camino Avenue, Suite 670, 95833
P. O. Box 952054
Sacramento, CA 94252-2054
(916) 263-2771
w
ww.hcd.ca.gov
N
ovember 15, 2022
T
erri Eggers, Homeless Services Manager
City of Santa Ana
20 Civic Center Plaza, M-25
Santa Ana, CA 92701
D
ear Terri Eggers:
R
E: Award Announcement – Permanent Local Housing Allocation Program Round 3, Notice of Funding Availability, Fiscal Year 2021/2022 City of Santa Ana
Contract No. 20-PLHA-15193
T
he California Department of Housing and Community Development (Department) is pleased to announce that the City of Santa Ana has been awarded a Permanent Local Housing Allocation (PLHA) program award in the amount of $4,795,654. This letter constitutes notice of the designation of PLHA program funds for use in Orange County for the following activity:
• O
perating and Capital Costs for Navigation Centers
T
he City of Santa Ana will be required to enter into a Standard Agreement that will set forth conditions for funding and milestones that are required to be met. Reimbursement of eligible expenses are subject to the terms outlined in Section 304(d) of the PLHA adopted program guidelines.
C
ongratulations on your successful application. For further information, please contact Doniell Cummings, PLHA Program Manager, Program Design and Implementation Branch, at (916) 695-9006 or [email protected].
Sinc
erely,
J
ennifer Seeger
Deputy Director
Division of State Financial Assistance
EXHIBIT 1
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Community Development Agency
www.santa-ana.org/community-development
Item # 20
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 7, 2023
TOPIC: Agreement with 3Di, Inc. for the Rent Stabilization and Just Cause Eviction Ordinance Rental Registry Portal
AGENDA TITLE:
Approve Agreement with 3Di, Inc. for the Rent Stabilization and Just Cause Eviction Ordinance Rental Registry Portal (Non-General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with 3Di, Inc. to implement, operate, and maintain a rental registry portal for the Rent Stabilization and Just Cause Eviction Ordinance, for a three-year term beginning on February 7, 2023 through January 31, 2026, in an amount not to exceed $305,895, subject to non-substantive changes approved by the City Manager and City Attorney.
DISCUSSION
On October 18, 2022, the City Council adopted the Rent Stabilization and Just Cause Eviction Ordinance (“Ordinance”). The Ordinance includes a rental registry which is a portal where landlords register their rental units, update rental unit information, update tenancy information, submit notices, and pay the rental registry fee. Per the Ordinance, effective July 1, 2023, the City shall create a rental registry and all landlords with rental units in the City shall complete and submit registration forms for each of their rental units. The rental registry is one of the core functional components of the Ordinance to support landlords and tenants in the City.
To fulfill this statutory requirement, on November 18, 2022, staff issued a Request for Proposals (RFP # 22-156) seeking proposals from qualified firms to implement, operate, and maintain a rental registry portal for the City’s Ordinance. The RFP was posted on the City’s website and the City's Planet Bids portal. Letters announcing the RFP were sent by e-mail to individuals and firms who had previously requested to be informed of such opportunities as well as other firms that staff identified through research.
The City received two proposals before the submission deadline which, following a minimum threshold review by staff, met the minimum requirements of the RFP. For evaluation purposes, staff formed a Review Panel consisting of two staff from the Community Development Agency and two staff from RSG, Inc., who the City contracts with to assist in the administration of the Ordinance. The Review Panel met on December 8, 2022 to review the proposals. Each proposal was evaluated by the
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Rental Registry Portal for the Rent Stabilization and Just Cause Eviction Ordinance February 7, 2023
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Review Panel based upon the evaluation criteria in the RFP. The following table summarizes the results of the evaluation by the Review Panel, providing the average score and ranking for each proposal:
Rank Proposal Submitted By Average Score*
1 3Di, Inc. 89
2 Citizenserve 68
* Maximum score is 100 points
The highest scoring proposal was from 3Di, Inc. Following this competitive procurement process, staff recommends approving an Agreement with 3Di, Inc. to best serve the needs of the City to implement, operate, and maintain a rental registry portal for the City’s Ordinance. 3Di, Inc. brings over 20 years of experience delivering comprehensive, fully integrated solutions for affordable housing, accessible housing, and tenant protections. 3Di has successfully implemented a rental registry in multiple other jurisdictions with rent stabilization ordinances, including Los Angeles County, Los Angeles City, Beverly Hills, Inglewood, Berkeley, Alameda City, Mountain View, and San Francisco. 3Di was recommended by these other cities with rent stabilization ordinances. Based on their experience working with other cities with rent stabilization, 3Di, Inc. will implement a rental registry that supports an accurate rental unit inventory, enforces livability standards, ensures evictions happen for just causes, and provides key data needed to understand and stabilize the rent burdens within the City.
The proposed Agreement with 3Di, Inc. to implement, operate, and maintain a rental registry portal for the Ordinance will not exceed $305,895 over a three-year period (Exhibit 1). The Agreement includes a one-time implementation fee of $60,000 followed by annual subscription fees for year 1, 2, and 3. Implementation of the rental registry portal will require at least five months of work prior to the July 1, 2023 deadline. Prior to finalizing the Agreement, staff in the Community Development Agency coordinated with the Finance and Management Services Agency and Information Technology (IT) to ensure the rental registry portal will be implemented seamlessly with the City’s existing payment processing system and IT services. With approval from the City Council, staff will execute the proposed Agreement with 3Di, Inc. in order to successfully launch a rental registry on July 1, 2023, in compliance with the Ordinance.
Regarding the funding to pay for the rental registry portal, the Ordinance and rental registry portal will be permanently funded from rental registry fees paid by property owners. To begin the process to determine these fees, on November 18, 2022, staff issued a second Request for Proposals (RFP #22-155) to conduct a comprehensive fee study to determine appropriate program fees that would recover all program costs associated with services provided under the Ordinance. Following this second procurement process, staff selected Revenue & Cost Specialists, LLC to conduct this fee study and entered into an Agreement for $34,300. Following the fee study, a rental registry fee will be recommended to the City Council for approval in the FY 23-24
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Rental Registry Portal for the Rent Stabilization and Just Cause Eviction Ordinance February 7, 2023
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Miscellaneous Fee Schedule. In order to ensure staff have sufficient time to implement the rental registry that will be permanently funded from the rental registry fees, staff are seeking approval of the proposed Agreement with 3Di, Inc. such that work can begin on implementing the portal now. If the City Council does not approve the proposed Agreement with 3Di, Inc., staff will not be able to meet the July 1, 2023 statutory deadline for the creation of a rental registry in the Ordinance.
FISCAL IMPACT
When staff launches the rental registry and begins collecting rental registry fees on July 1, 2023, funds will accumulate in an account specific to the administration of the Ordinance. Since the rental registry portal must be created in order to begin the collection of fees, staff has submitted a Mid-Year Budget adjustment for $53,200 from the Inclusionary Housing Fund (41718820-62300 Contract Services) which will be utilized initially for this Agreement in the current fiscal year. Staff will explore reimbursement of the Inclusionary Housing Fund after rental registry fee revenue is accumulated. In future fiscal years, funding will be included in the proposed Rent Stabilization Program budget for City Council consideration.
EXHIBIT
1. Agreement with 3Di, Inc.
Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Kristine Ridge, City Manager
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1 SOFTWARE AS A SERVICE (SaaS) SUBSCRIPTION INITIAL/RENEWAL AGREEMENT Contract Date:
February 7, 2023
Subscription Renewal Date:
February 7, 2023
Company:
3Di, Inc.
3 Pointe Drive, Suite 307
Brea, CA 92821
Company Contact:
Don Christoff, Director
[email protected]
724.866.6646
Customer:
City of Santa Ana – Community Development Agency
20 Civic Center Plaza
Santa Ana, CA 92701
Customer Contact:
Sara Court
[email protected]
714-647-5375
Software as a Service Subscription Products: 3Di Engage Platform (the “Products(s)”).
I
mplementation Services: Company will use commercially reasonable efforts to provide Customers the services as described in the Proposal, which is attached as Exhibit A. Customers shall pay Company the Implementation Fee in accordance with the terms herein
Subscription Fees: Customer will pay $78,000 for year 1, $81,900 for year 2, and $85,995 for year 3, subject to the terms of Section 4 herein. Pricing details are located in Exhibit A.
I
mplementation Fees: Customer will pay a one-time fee of $60,000 upon completion of the implementation. Final Statement of Work will be determined and agreed upon during the implementation Kick Off meetings. Implementation pricing details are located in Exhibit A.
N
umber of Genie Hours support per month: 20
The Genie Hours support hours may not be carried over from one month to next.
Initial Subscription Term: This Agreement’s Term
is 3 years, beginning on February 7 , 2023, and
ending on January 31 , 2026. Year unless this
Agreement ends sooner according to the terms
elsewhere in this document.
Renewal Subscription Term: Upon expiration of the
initial subscription term of this Agreement and subject to funding availability, Customer shall have the ability to renew the term of the Agreement on terms and
conditions mutua lly agreed upon by Customer and
Company. Each renewal term shall be exercisable in
writing by the City Manager and City Attorney.
Subscription Service Capacity: Up to 50,000 rental units annually.
Conditions:
• Subscription costs are applicable from February 7, 2023. • Annual payments for subscription are preferred but monthly payments can be accommodated upon request.
Subscriptions are billed at the time of contract execution. Implementation costs are billed upon completion of the implementation.
• Customization beyond the 20 Genie Hours in any given monthly period will be charged on T&M basis. • Data migration and integration with other software solutions are included as specified. • If desired, customer will provide web services for integration of the city’s Microsoft AD servers or ADFS to authenticate the city staff users.
• The customer will provide access to the web services for connecting to their ESRI instance, if required. • The customer will make available necessary resources for requirements gathering, testing, deployment and training as required by the project plan.
• 3Di’s Engage solutions will provide cloud-based data archival, depending on which option that the customer decides to purchase. As long as the subscription is active, 3Di will continue the storage. The customer will have anytime access to their data and they have the ability and right to download the data for other storage/usage options. • Any costs related to sending text message notifications are not included.
EXHIBIT 1
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2 SOFTWARE AS A SERVICE (SaaS) AGREEMENT
This SaaS Agreement (“Agreement”) is entered into on this __7th_____ day of February 2023 (the “Effective Date”) between 3Di, Inc. (DBA 3Di Systems) with a place of business at 3 Pointe Drive, Suite 307, Brea, CA 92821 (“Company”), and the Customer s listed above (“Customers”). This Agreement includes and incorporates the above Agreement Terms , as well as the attached Terms and Conditions and e xhibits, and contains, among other things, warranty disclaimers, liability limitations and use limitations. There shall be no force or effect to any different terms of any related purchase order or similar form even if signed by the parties after the date hereof.
3Di, Inc.: City of Santa Ana:
By: By:
Name: Name: Kristine Ridge
Title: Title: City Manager
Attest:
_____________________________
Clerk of the Council
Recommended for Approval:
_____________________________
Michael Garcia
Executive Director
Community Development Agency
Approved as to Form:
SONIA R. CARVALHO
City Attorney
_____________________________
Jose Montoya
Assistant City Attorney
Mihir Desai
C.O.O. & C.F.O.
EXHIBIT 1
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3 TERMS AND CONDITIONS
1. SAAS SERVICES AND SUPPORT
1.1 Subject to the terms of this Agreement, Company will use commercially reasonable efforts to provide Customer the Services in accordance with the Service Level Terms attached hereto as Exhibit B and as further delineated in Company’s proposal to RFP No. 22-156 dated December 2, 2022 attached hereto as Exhibit C.
As part of the registration process, Customer will identify an administrative user name and password for Customer’s Company account. Company reserves the right to refuse registration of, or cancel passwords it deems inappropriate.
1.2 Subject to the terms hereof, Company will provide
Customer with reasonable technical supp ort services in accordance with the terms set forth in Exhibit D.
1.3 Company uses Amazon Web Services (AWS) as the
default service provider for hosting software solutions. As such Company is subject to the terms of their services (available via the provided URLs) in Exhibit E.
2. RESTRICTIONS AND RESPONSIBILITIES
2.1 Customer will not, directly or indirectly: reverse
engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know- how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Company or authorized within the Services); use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third; or remove any proprietary notices or labels. With respect to any Software that is distributed or provided to Customer for use on Customer premises or devices, Company hereby grants Customer a non -exclusive, non -
transferable, non -sub-licensable license to use such Software during the Term only in connection with the Services.
2.2 Further, Customer may not remove or export from the United States or allow the export or re -export of the Services, Software or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section
2.101, the Software and documentation are “commercial items” and according to DFAR section 252.227- 7014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.
2.3 Customer represents, covenants, and warrants that
Customer will use the Services only in compliance with
Company’s standard published policies then in effect (the “Policy”) and all applicable laws and regulations.
2.4 Company shall own and retain all right, title and interest in and to (a) the Services and Software, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with Implementation Services or support, and (c) all intellectual property rights related to any of the foregoing.
2.5 Notwithstanding anything to the contrary, Company shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitatio n, information concerning Customer Data and data derived therefrom), and Company will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Company offerings, and No rights or licenses are granted except as expressly set forth herein.
Except for Company’s Software and intellectual property, Customer shall own all d ata and other records and deliverables specific to Customer that are provided, created or maintained pursuant to this Agreement (“Customer Data ”). Company shall take reasonable measures to protect, and prevent the loss of Customer Data within Company’s custody or control.
2.6 Customer acknowledges and agrees that the Company is not providing any consulting or advisory services to the Customer, legal or otherwise, in connection with the Services or Software or Application.
3. PAYMENT OF FEES
3.1 Customer will pay Company the then applicable fees
described in the Agreement for the Services and Implementation Services in accordance with the terms therein (the “Fees”). If Customer’s use of the Services exceeds the Service Capacity set forth on the Agreement or otherwise requires the payment of additional fees (per the terms of this Agreement), Customer shall be billed for such usage and Customer agrees to pay the additional fees in the manner provided herein. Company reserves the right to change the Fees or applicable charges and to institute new charges and Fees at the end of the Initial Service Term or then-current renewal term, upon thirty (30) days prior notice to Customer (which may be sent by email). If Customer believes that Company has billed Customer incorrectly, Customer must contact Company, in order to receive an adjustment or credit. Inquiries should be directed to Company’s customer support department.
The total amount to be expended during the term of this Agreement, including renewal periods, shall not exceed $305,895.
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4 3.2 Company may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Company forty-five (45) days after the mailing date.
4. TERM AND TERMINATION
4.1 Subject to earlier termination as provided below, this Agreement is for the Initial Service Term as specified in the Agreement (the “Term”), unless either party requests in writing termination at least thirty (30) days prior to the end of the then - current term.
4.2 In addition to any other remedies it may have, either party may also terminate this Agreement upon thirty (30) days’ notice, if the other party materially breaches any of the terms or conditions of this Agreement. Customer will pay in full for the Services up to and including the last day on wh ich the Services are provided.
Upon termination for any reason, Customer shall cease all use o f the Software and Application and the Company will make all Customer Data available to Customer for electronic retrieval for a period of 120 days, but thereafter Company shall delete stored Customer Data. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.
5. CONFIDENTIAL INFORMATION
5.1 The Company and the Customer understand and agree that in the performance of this Agreement, each party may have access to or may be exposed to, directly or indirectly, proprietary or confidential information of the other party, including, but not limited to, trade secrets, Web site usage statistics, marketing and business plans , Customer Data and technical information (“Confidential Information”).
5.2 Each party agrees that it shall not, during the term of this Agreement and after its termination, use (except as expressly authorized by this Agreement) or disclose Confidential
Information of the other party without the prior written consent of the other party, unless the receiving party can prove such Confidential Information (i) was known to the receiving party prior to the Effective Date of this Agreement, or (ii) is or becomes publicly available without breach of this Agreement, or (iii) becomes known to the receiving party after rightful disclosure from a third party not under an obligation of confidentiality; or (iv) was independently developed by the receiving party without the use of the disclosing party’s Confidential Information. The receiving party will have the right to disclose Confidential Information without being in breach of this Agreement to the minimum extent necessary to comply with a lawful court order or government regulation, provided that the receiving party provide the disclosing party with advance written notice thereof, and reasonably cooperates with the disclosing party to seek confidential or protective treatment of such Confidential Information. In addition, the receiving party agrees to take all reasonable measures to protect and maintain in confidence the Confidential Information received from the disclosing party. With respect to Confidential Information disclosed by a party under this Agreement, this Section 5 shall supersede any existing agreement relating to confidential treatment and/or nondisclosure of Confidential Information.
6. WARRANTY AND DISCLAIMER
Company shall use reasonable efforts consistent with
prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Implementation Services in a professional and workmanlike manner. Services may be temporarily unavailable for sc heduled maintenance or for unscheduled emergency maintenance, either by Company or by third -party providers, or because of other causes beyond Company’s reasonable control, but Company shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.
HOWEVER, COMPANY DOES NOT WARRANT THAT T HE
SERVICES WILL BE UNINTERRUPTED OR ERROR FREE;
NOR DOES IT MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM USE OF THE
SERVICES. EXCEPT AS EXPRESSLY SET F ORTH IN THIS
SECTION, THE SERVICES AND IMPLEMENTATION
SERVICES ARE PROVIDED “AS IS” AND COMPANY
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE AND NON-
INFRINGEMENT.
7. INDEMNITY
Company shall hold Customer harmless from liability to
third parties resulting from infringement by the Service of any United States patent or any copyright or misappropriation of any trade secret, provided Company is promptly notified of any and all threats, claims and proceedings related thereto and given reasonable assistance and the opportunity to assume sole control over defense and settlement; Company will not be responsible for any settlement it does not approve in writing. The foregoing obligations do not apply with respect to portions or components of the Service (i) not supplied by Company, (ii) made in whole or in part in accordance with Customer specifications, (iii) that are modified after delivery by Company, (iv) combined with other products, processes or materials where the alleged infringement relates to such combination, (v) where Customer continues allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement, or (vi) where Customer’s use of the Service is not strictly in accordance with this Agreement. If, due to a claim of infringement, the Services are held by a court of competent jurisdiction to be or are believed by Company to be infringing, Company may, at its option and expense (a) replace or modify the Service to be non- infringing provided that such modification or replacement contains substantially similar features and functionality, (b) obtain for Customer a license to continue using the Service, or (c) if neither of the foregoing is commercially practicable, t erminate this Agreement and Customer’s rights EXHIBIT 1
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5 hereunder and provide Customer a refund of any prepaid, unused fees for the Service.
8. INSURANCE
Company, at their sole cost and expense, shall maintain coverage as set f orth in Exhibit F .. This Agreement’s insurance provisions: (i) a re separate and independent from the
indemnification and defense provisions herein; and (ii) d o not limit, in any way, the applicability, scope, or obligations of the indemnification and defense provisions.
9. LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING TO THE
CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON,
COMPANY AND ITS SUPPLIERS, OFFICERS, AFFILIATES,
REPRESENTATIVES, CONTRACTORS , AND EMPLOYEES,
COMPANY AND CITY SHALL NOT BE RESPONSIBLE OR
LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF
THIS AGREEMENT OR TERMS AND CONDITIONS
RELATED THERETO UNDER ANY CONTRACT,
NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY:
(A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS
OR INACCURACY OR CORRUPTION OF DATA OR COST
OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES
OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY
INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER
BEYOND COMPANY ’S AND CITY’S REASONABLE
CONTROL; OR (D) FOR ANY AMOUNTS THAT,
TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL
OTHER CLAIMS, EXCEED THE AMOUNTS SET FORTH IN
THE INSURANCE REQUIREMENTS , IN EACH CASE,
WHETHER OR NOT COMPANY HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
10. FORCE MAJEURE
The Company shall not be liable to the Customer or any other person or entity for any delay or failure in the performance of this Agreement or for loss or damage of any nature whatsoever suffered by such party due to disruption o r unavailability of communication facilities, utility or Internet service provider failure, acts of war, acts of vandalism, terrorism, lightning, fire.
11. VERIFICATION AND AUDIT
The Company may, at its expense, audit the Customer’s
use of the Software and Application, provided that any such audit shall not interfere with the Customer’s business activities. The Company shall be permitted to conduct automated audits at its discretion, provided that such automated audits take place without accessing the Customer’s internal information technology networks and do not materially interfere with the Customer’s use of the Software and Application . If an audit reveals that the Customer has utilized more users than authorized or otherwise underpaid fees to the Company , the Customer shall pay the Company applicable fees based upon the agreed upon fee
schedule.
12. INDEPENDENT CONTRACTOR
The relationship of Parties is solely that of independent contractors. Nothing contained in this Agreement shall be construed to give either party the power to direct or control the activities of the other or constitute either party as the other’s partner, joint venture member, co -owner, agent, franchisee or employee.
13. COMMERCIAL ITEM
This Section shall apply if the Customer is part of the United States government or is otherwise subject to regulations promulgated by the United States government for the procurement of goods and services. The Software and Application are both “commercial items” under FAR §2.101 and consist of
“commercial computer software” and “commercial computer software documentation” under FAR §12.212 and DFARS §227- 7202. Any use, duplication, or disclosure of the Software or Application or associated documentation by the Customer is governed solely by the terms of this Agreement. Any technical data customarily provided with the Software or Application shall also be governed by the terms of this Agreement pursuant to FAR §12.211. Further, the parties acknowledge that all items or services ordered and delivered under this Agreement are commercial items as defined under Part 12 of the Federal Acquisition Regulation (FAR). In particular, the Company agrees to be bound only by those Federal contracting clauses that apply to “commercial” suppliers and that are contained in FAR 52.212- 5(e)(1) (OCT 2003). Further, in the event that the parties negotiate or agree upon a change in the price provided in this Agreement, or should the Company become entitled to an equitable adjustment in the price, the Company shall not be required to comply with the contract cost principles or cost accounting standards of the FAR.
14. BILLING
The “Service Fees” are billed on an annual basis in
advance; and, due upon receipt of invoice. This secures site, servers and resources necessary to begin project. The
“Implementation Fees” are billed upon completion of the “Implementation Services” and the start of SaaS Subscription Services. All payments should be made directly to 3Di, Inc. an d will not be deemed received until actually received in the Company’s offices. The Company’s mailing address for all payments is:
3Di, Inc.
Attention: Accounts Receivable
3 Pointe Drive, Suite 307
Brea, CA 92821
15. MISCELLANEOUS
This Agreement contains the entire agreement of the
parties and supersedes (i) any and all previous or
contemporaneous agreements with respect to the subject matter EXHIBIT 1
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6 hereof, whether oral or written and (ii) the End User Agreement contained on the Software and Application. In addition, any purchase orders issued by any entity other than the Company shall be valid only for the purpose of identifying this contract for reference purposes only, and any terms included in such purchase orders are void and shall be of no effect. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. This Agreement may not be assigned by the Customer without the Company’s prior written consent, such c onsent not to be unreasonably withheld.
The Company may assign, delegate and/or subcontract any or all of its rights or obligations hereunder. Any attempted assignment in violation of the foregoing shall be null and void. All notices and consents required or permitted to be given under this Agreement shall be in writing to the parties at the addresses designated herein or to such other address as either party may designate to the other by written notice and shall be effective upon receipt. Written notice shall be made in the form of a certified letter, confirmed facsimile transmission, or acknowledged receipt of electronic mail. Receipt shall be deemed to have occurred: five days following mailing of a certified letter; upon receipt of confirmation of fax; and upon receipt of confirmation of receipt of e-mail. This Agreement shall be governed in all respects, including validity, interpretation, and effect, by the laws of the State of California, without reference to the conflicts of laws rules or any other rules that would result in the application of a different body of law. If any part of this Agreement shall be held to be void or unenforceable, such part will be treated as severable, leaving valid the remainder of this Agreement notwithstanding the part or parts found to be void or unenforceable. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party, and any such waiver shall only be applicable to the specific instance referenced in such writing.
This Agreement may be executed in two counterparts, each of which shall be deemed to be an original, and both of which together shall constitute one contract. Fax copies of signatures shall also be treated as originals for purposes of this Agreement.
The Customer acknowledges and agrees that the Company retains the right at any time to change the features, functionality and look- and-feel of the Software and Application. The headings in this Agreement are for purposes of reference only and shall not limit or otherwise affect the meaning hereof. Any outstanding payment obligation of the Customer, the restrictions, and responsibilities provisions of Section 2, and all of Sections 5, 6, 7, 12 and 15, and any other term hereof which contemplates continuing
effectiveness, shall survive the termination or expiration of this Agreement for any reason.
16. 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.
17. PROFESSIONAL LICENSES
Company 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. Company shall notify the Client 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.
18. ACCEPTANCE
IN WITNESS WHEREOF, the parties have caused this
Agreement to be executed by their duly authorized representatives effective as of the Effective Date above.
EXHIBIT 1
City Council
20 –
9 2/7/2023
EXHIBIT A
Proposal Pricing
Year 1 Year 2 Year 3
Implementation Management
$
50,000
Requirements Analysis
Design (includes UX/UI Design)
Build, Configure & Integration
System Testing
Implementation/Deployment
Training
Post-Implementation stabilization
GIS, ADFS Integration
Total Software and Services Costs $50,000
Data Migration $ 0
Total Data Migration Costs $0
Software Integration $1 0,000
Total Integrations Costs $10,000
Subscription for Rent Registry $ 48,000 $50,400 $52,920 Subscription for Evictions $ 6,000 $6,300 $6,615
Subscription for Rent Stabilization $ 6,000 $6,300 $6,615 Subscription for Rental Inspections $ 6,000 $6,300 $6,615 120 additional Genie hours $12,000 $ 12,600 $13,230
Total SaaS Subscription Costs $78,000 $81,900 $85,995 TOTAL COSTS $138,000 $81,900 $85,995
EXHIBIT 1
City Council
20 –
10 2/7/2023
Pricing Metrics
Number of Rental Units per year
Tier 1: 0-50,000 units/year Included in base pricing
Tier 2:50,001-75,000 units/year Base+$6,000/year
Tier 3: 75,001-100,000 units/year Base+$13,000/year
Tier 4: over 100,000 units/year TBD
Optional SaaS Services
Enhanced backup or archive TBD (based on service and
consumption level)
Use of PaaS services such as Image Processing, ESRI GIS, Speech Processing, Machine Learning, AWS Connect, etc.
TBD (based on service and
consumption level)
Number of Genie Support Hours
10 hours/month Base - $12,000/year
20 hours/month Included in base pricing
30 hours/month Base+$12,000/year
40 hours/month Base+$24,000/year
More than 40 hours/month TBD
EXHIBIT 1
City Council
20 –
11 2/7/2023
Application Development & Systems Integration (if applicable) Standard implementation and integration with ESRI GIS,
ADFS, Amazon Connect
Included in base pricing
Additional Custom Application Development (based on effort level estimated for each custom application) – following are indicative rates by function.
Project Manager $150/hour
Business Analyst $125/hour
Technical Lead/Architect $105/hour
Sr. Developer $85/hour
Developer $75/hour
QA Lead $75/hour
QA Engineer $70/hour
Pricing for other material costs
Other (e.g. Travel, Per Diem, Materials) At cost or standard reimbursement rates
EXHIBIT 1
City Council
20 –
12 2/7/2023
Pricing Assumptions
• Annual payments for subscription are preferred, but monthly payments can be accommodated upon request. • Subscriptions are billed at the time of contract execution. Implementation costs are billed upon completion of the implementation.
• Subscription service is for up to 50,000 of registered rental units. • 20 Genie hours per month are included. These do not accumulate from month to month. • Data migration is not included.
• Integrations with 3rd party software, except for what is stated in Exhibit G, are not included. If other integrations are required, we will need to schedule a meeting with our delivery team to understand the scope in determining the level of effort and costs.
• The customer will make available necessary resources for requirements gathering, testing , deployment, and training as required by the implementation plan.
• 3Di’s Engage based solution will provide cloud-based data archival, depending on which option the customer decides to purchase. If the subscription is active, 3Di will continue the storage. The customer will be able to access the data in the system at any time. The customer will have the ability and right to download the data for other storage/usage options. • Any cost related to sending text message notifications is not included.
EXHIBIT 1
City Council
20 –
13 2/7/2023
EXHIBIT B
3Di Inc. Service Level Terms
The Services shall be available 99.9%, measured monthly, excluding scheduled maintenance. If Customer requests maintenance during these hours, any uptime or downtime calculation will exclude periods affected by such maintenance. Further, any downtime resulting from outages of third-party connections or utilities or other reasons beyond Company’s control will also be excluded from any such calculation. Customer's sole and exclusive remedy, and Company's entire liability, in connection with Service availability shall be that for each period of downtime lasting longer than one hour , Company will credit Customer 5% of Service fees for each period of 60 or more consecutive minutes of downtime, provided that no more than one such credit will accrue per day. Downtime shall begin to accrue as soon as Customer (with notice to Company) recognizes that downtime is taking place and continues until the availability of the Services is restored. In ord er to receive downtime credit, Customer must notify Company in writing within 24 hours from the time of downtime, and failure to provide such notice will forfeit the right to receive downtime credit. Such credits may not be redeemed for cash and shall not be cumulative beyond a total of credits for one (1) week of Service Fees in any one (1) calendar month in any event. Company will only apply a credit to the month in which the incident occurred.
Company’s blocking of data communications or other Service in accordance with its policies shall not be deemed to be a failure of Company to provide adequate service levels under this Agreement .
EXHIBIT 1
City Council
20 –
14 2/7/2023
EXHIBIT C
3Di Response to Request for Proposal No. 22-156,
Rent Stabilization and Just Cause Eviction Rental Registry Portal EXHIBIT 1
City Council
20 –
15 2/7/2023
Copyright © 2022, 3Di
3Di’s response to the City of Santa Ana
Request for Proposal No. 22-156
Rent Stabilization and Just Cause Eviction Rental
Registry Portal
Submitted by:
3Di, Inc.
December 2, 2022
Mihir Desai, COO & CFO
3 Pointe Drive, Suite 307, Brea, CA 92821
Office: +1-714-257-1100 Fax: +1-714-257-1386
[email protected]
EXHIBIT 1
City Council
20 –
16 2/7/2023
a. Services Provided
3Di Engage for Housing is a comprehensive platform for managing rental and affordable housing programs, including rent stabilization and just -cause eviction. We propose to implement 3Di Engage for Housing for the City of Santa Ana and provide ongoing maintenance, operation, and support for our solution.
In the following table, we demonstrate that we understand and can deliver the entire scope of services required for this project as listed in Exhibit I – Scope of Services.
I GENERAL REQUIREMENTS
A. Consultant shall implement, operate,
and maintain a rental registry portal
that supports the City’s Rent
Stabilization and Just Cause
Eviction Ordinance. Specifically, the
City is seeking a database or portal
where landlords register rental
units, update rental unit
information, update tenancy
information, submit notices, and pay
the City’s rental registry fee.
Supported Complete implementation,
deployment and on ongoing
supported is included in the
scope of the project.
B. The rental registry portal must
completely and accurately provide
the following information from the
Landlord for each of their rental
units:
1 Address of each Rental Unit
including identifying number or
letter;
Supported
2 Number of bedrooms and
bathrooms in the Rental Unit;
Supported
3 Name, current address, and contact
information of current Owners,
authorized
Supported
4 representatives and property
managers;
Supported
EXHIBIT 1
City Council
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5 Date of assumption of ownership
by current Owners;
Supported
6 Current Rent;
Supported
7 Date and amount of last Rent
Increase; and
Supported
8 Move-in date of current Tenant(s).
Supported
C. The Board and/or Program
Administrator may adopt policies
and procedures that require
additional information to be
collected and recorded in the rental
registry portal.
Supported We understand that the program
requirements, policies, and
procedures change from time to
time. Our configuration
technology allows adaption of
the system to ongoing changes.
Our flexible Genie support can
accommodate most changes.
D. Any notices or documents required
to be provided from a landlord to a
tenant by the Ordinance or any
other applicable federal, state, or
local law, including, but not limited
to, notice of rent increase, and notice
of eviction, must be provided to the
City through the rental registry
portal.
Supported 3Di Engage provides extensive
document management
functions.
E. The rental registry portal must be
fully operational effective by no later
than July 1, 2023. On that date, a
landlord must be able to file an
initial registration form with the
City for each rental unit that is
subject to the provisions of the
Ordinance.
Supported Based on our experience and
capabilities of our software, we
are confident that if the project
can be initiated in time
(beginning of January 2023), we
can implement the system,
provide the necessary training to
the city staff, and go live before
July 1, 2023.
EXHIBIT 1
City Council
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18 2/7/2023
F. Any landlord that is claiming any
exemption from the Ordinance must
be able to file a claim of exemption
with the City through the rental
registry portal. The claim must be
accompanied by supporting
documentation, a written
declaration stating the facts which
support the claim of exemption from
the provisions of the Ordinance. The
rental registry portal must allow for
uploading of such documentation by
end-users.
Supported 3Di Engage for Housing support
various exemption models.
G. Consultant shall be responsible for
providing a cost-effective and fully
integrated property and rent
tracking system (“System”) that can
be utilized as one comprehensive
tool by the City’s Community
Development Agency staff to
manage all its business functions
related to the Ordinance. The
System shall allow City staff to track
and manage properties and their
associated rent and tenancy
information. The System shall be
fully integrated to provide a
consolidated system with billing,
document management, user
management, and automated
business process workflow
capabilities. The System shall be
configurable and expandable in
order to support changes to business
processes and data being collected
and tracked.
Supported 3Di Engage for Housing is a
comprehensive system for
managing housing programs
including rent stabilization and
just-cause eviction management.
It is a highly integrated system
that includes all of the functions
needed for managing such
programs such as document
management, workflow
management, billing and
payments, notifications, and
alerts, reporting and analytics,
and user management. 3Di
Engage for Housing is a highly
configurable system that can be
easily and quickly adapted to the
changing needs of the
community development
department. It is also easy to add
new programs.
II. SYSTEM CAPABILITIES
A. User and Access Management – The
System shall allow staff to create and
manage users. Additionally, the
System shall allow staff to control
access to data and features based on
user type and role.
Supported 3Di Engage is a role-based
system that supports user
management with access control.
EXHIBIT 1
City Council
20 –
19 2/7/2023
B. Business Process Management &
Electronic Forms – The System shall
allow staff to create workflows for
the different agency business
processes, including registration,
waivers, hearings, mediation, and
evictions.
Supported One of the most important
features of 3Di Engage for
Housing is case management
which includes digital forms,
workflows, notifications,
integrations, reporting, etc. This
allows agencies to digitally
transform virtual any business
process
C. On-site and Online Payment
Collection – The System shall allow
for collecting annual fees and
integration with standard City of
Santa Ana fee collection methods
and software. Staff will be able to
reconcile payments as needed.
Supported 3Di Engage for Housing
includes fee engine for
configuration of complex fee
rules, payment integration with
various payment modalities
including in-person, by mail and
online payments. The payment
system is integrated with
reporting and analytics to allows
the agency staff to manage all
financial aspects of the
programs.
D. Document Management – The
System shall allow both internal and
external users to upload documents
for the unit, property, and user in
the System. The System shall
integrate with a document
management system that can track
document versions, document
history, and allow metadata
management, search, and
collaboration.
Supported 3Di Engage for housing includes
a document management system
that allows all typical document
management functions including
search. Documents may be
associated with cases, shared,
uploaded, downloaded, and
viewed by role.
E. Search – The System shall allow
staff to easily and quickly look up
information. Users shall be able to
search for property information by
address, APN, and owner name.
Users shall be able to search for
owner contact information.
Supported 3Di Engage for Housing
supports search by Case, Tenant,
Owner, Status of Cases, Property
information etc.
EXHIBIT 1
City Council
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20 2/7/2023
F. Dashboard and Reporting – The
System shall have a built-in
dashboard and reports to inform
staff about the current operational
state and key performance
indicators (KPIs).
Supported 3Di Engage has extensive
reporting and analytics
capabilities including real-time,
role-based, shareable
dashboards, ad hoc reports,
scheduled reports, and fixed
reports.
G. Web-based & Mobile-responsive –
The System shall be web-based and
mobile responsive and shall function
on all major smartphones and
tablets.
Supported 3Di Engage is a cloud-based
SaaS solution that is accessed
using web browser. The system
supports all popular browsers on
desktop and mobile devices.
Most screens can be viewed on
Mobile browsers.
H. ADA & Section 508 Compliance –
All user interfaces shall be at
minimum WCAG 2.0 compliant.
Supported 3Di Engage is fully WCAG 2.0
compliant. During testing and
validation of the system we test
all screens for ADA compliance.
I. Cloud-Hosted – The System shall be
hosted in cloud using either PaaS,
IaaS, or SaaS type cloud services.
Supported 3Di Engage is SaaS solution
hosted on AWS Cloud.
J. Public Portal – The System shall
provide an online portal for external
users. In addition, the portal can be
used by landlords and property
managers to view and update
information about their rental units,
submit vacancy registration forms,
update unit status and tenancy
information, file for exemptions, and
submit mediation requests and
petitions. The portal shall allow
external users to view unit details
within each property, outstanding
registration fees and penalties, and
their current maximum allowable
rent. Using the portal, users shall be
able to pay the annual fee and any
outstanding fees and penalties.
Supported 3Di Engage for Housing has a
comprehensive universal portal
with Content Management
System (CMS). The CMS allows
configuration of the portal to be
a full-featured website tailored to
agency branding and functional
needs. The portal provides role-
based access to the general
public, tenants, property owners,
and agency staff. The portal
allows each stakeholder to
conduct all relevant functions.
Agency can have unlimited roles
for their staff such as Director,
Program Manager, Customer
Service Representative, Analyst,
etc.
EXHIBIT 1
City Council
20 –
21 2/7/2023
III. PROJECT MANAGEMENT AND
IMPLEMENTATION
A. Project Management
1 Lead project management from
planning and configuration through
the launch of the system.
Supported 3Di has developed a highly
effective 4 phase project
implementation methodology
(described in another section
below). 3Di shall be responsible
for managing the project and
guiding the community
development team through the
implementation and transition to
ongoing support.
2 Coordinate with staff on
deliverables and deadlines.
Supported The project team consist of
Program Manager,
Implementation Lead,
Implementation support, and the
account executive. Our team
follows a proven methodology
that includes developing and
following a project plan that
includes deadlines, deliverables,
and resource allocations.
B. System Implementation
1 Develop and configure the System
collaboratively with City of Santa
Ana staff utilizing a phased
approach.
Yes 3Di will work in partnership
with the City of Santa Ana staff
to implement the 3Di Engage for
Housing system. 3Di will draw
upon the experience of having
implemented similar project for
other customer for best practices
while being mindful of the
specific needs and unique needs
of the City of Santa Ana. 3Di has
developed a phased approach,
described in the section below
for implementing such steps.
EXHIBIT 1
City Council
20 –
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2 Complete all the work necessary to
fully integrate, test, and verify that
the System is fully functional by
July 1, 2023.
Yes Having implemented similar
projects for other customers, we
are confident that we will be able
to successfully launch the system
for the City of Santa Ana by July
1, 2023.
C. Ongoing Maintenance, Operations,
and Support
3Di has developed an innovative
support program called Genie
support. Genie support includes
MOS (, also referred to as
Maintenance, Operations, and
Support) and is a comprehensive
program that assures reliable
system for the customers. Please
see details of the Genie Support
program below.
1 System software updates, bug
fixes, and patches.
Yes Please see details of the Genie
Support program below
2 Monitor performance and problem
resolution.
Yes Please see details of the Genie
Support below.
3 System recovery from errors
and/or downtime.
Yes Please see details of the Genie
Support below.
4 Other technical support, as needed.
Yes Please see details of the Genie
Support below.
D. Training
1 Provide all of the training
necessary to operate, maintain, and
support the System, including
training materials and a training
plan.
Yes 3Di will provide training to the
City staff to be able to
effectively use the system. There
are two types of training,
namely, training for staff that
will be using the system and
training for the staff that will be
administering the system (e.g.,
manager users, etc.). 3Di will
EXHIBIT 1
City Council
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provide both types of training to
the City staff.
2 Create and execute the transition
plan and prepare staff for handoff
of program administration.
Yes 3Di's phased approach that
includes training and transition
(hand-off) ensures a smooth
transition for the City staff.
Furthermore, the ongoing Genie
Support can be used for any
issues that may arise during or
after the transition.
3 Create an Administration and
Operations Manual for staff that
shall contain a description of all
the processes and procedures
necessary to ensure continued
administration of the System.
Yes 3Di's implementation team will
provide the City with a
customized training manuals
using screen shots and videos
using the City of Santa Ana's
own system. This way the
manuals are specific to the
configurations implemented for
the City.
4 Assist in developing training
materials for tenants and landlords,
including recorded materials.
Yes 3Di will provide full support to
the city to develop a number of
resources for the City's
customer, namely the tenants
and the landlords. This will
include, a public facing website
such as a tenant/landlord portal
and online documentation, and
FAQs.
E Demonstration
1 Demonstrate the System
capabilities to City Departments,
the Rental Housing Board, and/or
City Council as needed.
Yes 3Di will provide full support
whenever requested for system
demonstration to the City
Departments, the Rent Board,
and the City Council. 3Di will
EXHIBIT 1
City Council
20 –
24 2/7/2023
prepare and provide all
necessary presentation material.
EXHIBIT 1
City Council
20 –
25 2/7/2023
EXHIBIT D
3Di Inc. Support Terms
Company will provide remote (via WebEx, email, and telephone as necessary) technical support for our services on a business day basis. Business day is defined as 8:00 AM through 5:00 PM Central Time zone, excluding federal holidays and weekends (“Support Hours”).
Company will provide an online tool such as “Zoho” for issue management to support services covered in the scope for this agreement. Management and tracking of the issues will be done using this tool.
Customer will report the issue via email, telephone or by logging the issue in the issue managements system. If the issue is logged via email or telephone, the Company shall enter the same into the issue management system.
All the stakeholders who have access to the issue management system will be able to get status of the issues anytime.
Company will use commercially reasonable efforts to respond to all Helpdesk tickets within one (1) business day.
Company provides two types of support services: Maintenance, Operations, and Support (MOS) and “Genie Hours”.
Maintenance, Operations, and Support (MOS) is defined as the following:
3Di’s Maintenance, Operations & Support (MOS) Program is a comprehensive support program that gives customers maximum flexibility and highest level of support for applications developed by 3Di. • Maintenance
o System Software Updates, Bug Fixes, and Patches
o Coordinate Release Management and Version Control with the customer o Routine system and application log maintenance to ensure system performance and problem resolution
• Operation
o Systems, application monitoring, and customer notification of errors, downtime, security breach, or issues that affect the System
o System and application tuning for optimal performance o System Security Monitoring & Notification (Unauthorized use, intrusion or data compromise) o System Recovery from errors and/or downtime
• Support
o Support Request Management
Phone Support: M-F (Except Holidays) 0800-1700 hours
Email Support: 24 hours
o Web/Mobile Accessible Service Ticket Status
o Monthly Status Report for Maintenance, Operations and Support o SLA Based
EXHIBIT 1
City Council
20 –
26 2/7/2023
SUPPORT SLA
Severity Impact Examples Max Response Time
1 – High Unable to perform core
functionality in
production system and
no workarounds exist
System unavailable; users
unable to login
4 business hours
2- Medium Unable to perform core
functionality in
production system but
workarounds available.
Intakes working but
integration with the other
system down due to
network issues.
12 business hours
3 - Low Unable to perform non-
essential functionality in
production system;
maintenance tasks;
enhancement requests
Typographical errors, label
changes, Screen Display
issues, etc.
24 business hours
4 – Planned Modify and existing
feature or add a new
feature
Make Changes to UI,
Change Configuration for
workflow, New report
Depending on scope of work.
With approval of the
customer.
“Genie Hours” Support is defined as the following:
• Flexible Support (Genie Hours) including:
o User Interface (UI) Changes
o Technical support
o Workflow Changes
o Systems integration
o Reports and Analytics support
o System configuration changes (e.g. role management, identity management) • Genie Hours Support is limited to 10 Genie hours/month. • Genie hours may not be rolled over from month to month.
EXHIBIT 1
City Council
20 –
27 2/7/2023
EXHIBIT E
Amazon Web Services Terms and Customer Agreement
Amazon Web Services (AWS) Service Terms: https://aws.amazon.com/service-terms/ Amazon Web Services (AWS) Customer Agreement: https://aws.amazon.com/agreement/
EXHIBIT 1
City Council
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28 2/7/2023
EXHIBIT F
Company shall procure and maintain for the duration of the contract insurance against claims for security breaches, system failures, injuries to persons, damages to software, or d amages to property (including computer equipment) which may arise from or in connection with the performance of the work hereunder by the Vendor, its agents, representatives, or employees. Vendor shall procure and maintain for the duration of the co
ntract insurance claims arising out of their services and including, but not limited to loss, damage, theft or other misuse of data, infringement of intellectual property, invasion of privacy and breach of data.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Cov
erage 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 Company has no owned autos, Code 8 (hired) and 9 (non- owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Cyber Liability Insurance, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.
Technology Professional Liability Errors & Omissions
Technology Pr ofessional Liability Errors and Omissions Insurance appropriate to the Company’s profession and work hereunder, with limits not less than $2,000,000 per occurrence. Coverage shall be sufficiently broad to respond to the duties and obligations EXHIBIT 1
City Council
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as is undertaken by the Vendor in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.
The Policy shall include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the Agency in the care, custody, or control of the Vendor. If not covered under the Vendor’s liability policy, such “property” coverage of the Agency may be endorsed onto the Vendor’s Cyber Liability Policy as covered property as follows:
a. The Policy shall include or be endorsed to include property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the Agency in the care, custody, or control of the Vendor. If not covered under the Vendor’s liability policy, such “property” coverage of the Agency may be endorsed onto the Vendor’s Cyber Liability Policy as covered property as follows:
1. Cyber Liability coverage in an amount sufficient to cover the full replacement value of damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the Agency that will be in the care, custody, or control of Vendor.
2. The Insurance obligations under this agreement shall be the greater of 1—all the Insurance coverage and limits carried by or available to the Vendor; or 2—the minimum Insurance requirements shown in this agreement. Any insurance proceeds in excess of the specified limits and coverage required, which are applicable to a given loss, shall be available to Agency. No representation is made that the minimum Insurance requirements of this agreement are sufficient to cover the indemnity or other obligations of the Vendor under this agreement.
If the Vendor maintains broader coverage and/or higher limits than the minimums shown above, the Customer 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 Customer.
EXHIBIT 1
City Council
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Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The C ustomer , 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 Vendor 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 Company’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).
Please note, if there is an insured vs. insured exclusion on the vendor’s policy, carefully review with the vendor and their insurance carrier on whether being added as an additional insured onto the vendor’s policy removes your organization’s ability to file suit against the vendor and draw upon the policy should final adjudication in a lawsuit state that the vendor shall pay damages to your organization.
Primary Coverage
For any claims related to this contract, the Vendor’s insurance coverage shall be primary. Coverage for commercial liability shall be at least as broad as ISO CG 20 01 04 13 as respects the Customer, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Customer, its officers, officials, employees, or volunteers shall be excess of the Vendor’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 Customer.
Waiver of Subrogation
Vendor hereby grants to Customer a waiver of any right to subrogation which any insurer of said Vendor may acquire against the Customer by virtue of the payment of any loss under such insurance. Vendor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Customer has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the Customer. The Customer may require the Vendor to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or Customer.
EXHIBIT 1
City Council
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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 Customer.
Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a Retroactive Dat e prior to the contract effective date, the Vendor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
Verification of Coverage
Vendor shall furnish the Customer 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 CG L policy listing all policy endorsements to the Customer before work begins.
However, failure to obtain the required documents prior to the work beginning shall not waive the Vendor’s obligation to provide them. The Customer reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
Vendor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Vendor shall ensure that Customer is an additional insured on insurance required from subcontractors.
Special Risks or Circumstances
Customer reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
EXHIBIT 1
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EXHIBIT G
Integrations
The following integrations with 3rd party software are within the scope of this implementation:
• Payment Processing includes revenue reporting to the City’s ERP through iNovah integration. The City would like to ensure the ability to integrate with System Innovators’ iNovah, the City’s Enterprise Revenue Management system, to push revenue from the platform into iNovah so the same financial reports can be used throughout the City.
• ESRI GIS ESRI GIS feature layer services for any or all of the following:
o Address Validation
o Any Boundary layers such as Rental District, Council District etc. o Any Polygon layers such as Parcels, Building Footprints etc. o Any point layers for City's assets such as Street Lights, Hydrants etc.
All of these are optional and depend on the requirements from each agency. If the city wants to see Rent Registry data with any of such GIS information, the layer service is needed to make appropriate associations.
EXHIBIT 1
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Community Development Agency
santa-ana.org/community-development
Item # 21
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 7, 2023
TOPIC: Amendment to FY 21-22 Agreement with Habitat for Humanity for Residential Rehabilitation Grant Program
AGENDA TITLE:
Approve a First Amendment to the FY 21-22 Agreement with Habitat for Humanity to Administer the Residential Rehabilitation Grant Program (Non-General Fund)
RECOMMENDED ACTION
Approve a First Amendment to the FY 21-22 Agreement with Habitat for Humanity of Orange County for the administration of the Residential Rehabilitation Grant Program to increase it by $11,000 for a new total agreement amount of $556,532, subject to non- substantive changes approved by the City Manager and City Attorney.
DISCUSSION
On July 6, 2021, the City Council approved an agreement with Habitat for Humanity of Orange County (Habitat) to administer the City’s Residential Rehabilitation Grant Program from July 6, 2021 through June 30, 2022, in an amount not to exceed $545,532 in Community Development Block Grant (CDBG) funds (Exhibit 1). The Residential Rehabilitation Grant Program improves and preserves the City’s housing stock by providing grants of up to $25,000 to eligible homeowners who are low-income and earn less than 80% of the Area Median Income as defined by the U.S. Department of Housing and Urban Development (HUD).
The program utilizes CDBG funds to provide eligible households with grants to address municipal code violations, undertake vital repairs, and replace and/or install major systems of the home. After approving a homeowner’s application, the City will provide a grant of up to $25,000 to pay for the required rehabilitation work on their home.
Properties eligible for the program must be owner-occupied and all rehabilitation work is performed by Habitat and/or their sub-contractors. After an initial inspection by a City Code Enforcement Officer, Habitat will be provided the final Scope of Work (including City inspector’s notes and specifications), for which a final work write-up will be created in coordination with the homeowner. Program participants are selected on a first-come, first-served basis.
The City follows the requirements under 24 CFR Part 35.930(b), of the “HUD Lead Safe Housing Rule,” for rehabilitation work not exceeding $15,000 for eligible home repair
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Amendment to FY 21-22 Agreement with Habitat for Humanity for Residential Rehabilitation Grant Program
February 7, 2023
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2 6
and $25,000 for eligible roof repair. If the home was built before 1978, the City will conduct lead-based paint (LBP) testing, and if LBP is found, Habitat will implement safe work practices during rehabilitation with a clearance examination of the worksite by the City prior to project closing.
During FY 2021-22, Habitat successfully completed the rehabilitation of twenty-five (25) homes for low-income families under their agreement. The rehabilitation work varied from replacement of roofs and termite damaged wood, to pest fumigation, rehabilitation of plumbing in bathrooms and kitchens, exterior/interior paint, and installation of accessibility ramps to conform to the Americans with Disabilities Act. The City’s partnership with Habitat is effectively improving the health and safety of housing for low- income families, preserving the City’s housing stock, preventing families from displacement, and addressing lead and mold contamination.
However, during their administration of the program in FY 21-22, Habitat identified several homes that had health and safety issues such as lead and mold contamination that required remediation efforts before issuing a notice of completion and closing the projects. Unfortunately, these remediation efforts exceeded the allowable cost of the agreement and resulted in an unanticipated expense of $11,000. In order to pay for these additional expenses, staff are seeking approval by the City Council to amend the FY 21-22 agreement with Habitat to add $11,000. The new total agreement amount will be $556,532 for FY 21-22.
Most recently, for FY 22-23 the City entered into a new agreement with Habitat for $480,000 following approval by the City Council. However, the funds in the new FY 22- 23 Agreement cannot be used to pay for this $11,000 in unanticipated expenses incurred under the FY 21-22 agreement.
FISCAL IMPACT
Funding for this First Amendment to the agreement for $11,000 is available from unspent prior year CDBG funds. Funds are budgeted and available for expenditure as follows:
Fiscal
Year
Accounting Unit -
Account No. Fund Description
Accounting Unit -
Account No.
Description
Amount
2022-23 13518782-69135 Community Development
Block Grant
Community Development
– Housing Payment to
Subagent
$11,000
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Amendment to FY 21-22 Agreement with Habitat for Humanity for Residential Rehabilitation Grant Program
February 7, 2023
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EXHIBIT(S)
1. Staff Report from July 6, 2021
2. First Amendment to FY 21-22 Agreement with Habitat for Humanity Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Kristine Ridge, City Manager
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AMENDMENT TO AGREEMENT WITH HABITAT FOR HUMANITY
FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
THIS AMENDMENT to the above-referenced agreement is entered into on February 7, 2023, by and between Habitat for Humanity of Orange County, Inc., a California religious nonprofit corporation (“Subrecipient”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).
RECITALS
A. The parties entered into Agreement No. A-2021-068-08 (“Agreement”) dated July 6, 2021, wherein the City awarded an agreement with Habitat for Humanity for the administration of a residential rehabilitation program (“Program”) in the amount of $545,532. The Program is designed to improve and preserve the housing stock with federal Community Development Block Grant (CDBG) funds. The Program provides grants of up to $25,000 to eligible homeowners that are low -income or below 80% of the Area Median Income (AMI) as defined by the Department of Housing and Urban Development (HUD).
B. The term of the Agreement was extended on May 10, 2022 (#A -2021-068-08A) until December 31, 2022. On January 3, 2023, the parties agreed to a further extension to the Agreement (#A-2021-068-08B) until February 28, 2023, after Habitat for Humanity identified several homes that had health and safety issues that included lead and mold contamination that required remediation efforts before issuing a notice of completion and closing the projects.
C. The parties seek to amend the Agreement to allow for an increase in the amount of funds awarded to complete the Program.
The Parties therefore agree:
1. Section 2.a, Compensation, is hereby amended to increase the total amount of funds awarded under this Agreement by an additional eleven thousand dollars ($11,000).
2. Except as modified by this Amendment, all terms and conditions of the Agreement , shall remain in full force and effect.
[signature page to follow]
EXHIBIT 2
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IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above.
ATTEST CITY OF SANTA ANA
_______________________________ ______________________________ Norma Orozco Kristine Ridge
Acting Clerk of the Council City Manager
APPROVED AS TO FORM HABITAT FOR HUMANITY
SONIA R. CARVALHO
City Attorney
By:___________________________ _______________________________ Brandon Salvatierra By:
Deputy City Attorney Title:
RECOMMENDED FOR APPROVAL
________________________________
Michael Garcia
Executive Director
Community Development Agency
EXHIBIT 2
City Council
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5 2/7/2023
City Manager’s Office
www.santa-ana.org/city-managers-office
Item # 22
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 7, 2023
TOPIC: Food Distribution Programs
TITLE
Approve Agreements with Delhi Center and Seva Collective for Food Distribution Programs for a One-Year Term in an Aggregate Amount Not to Exceed $500,000 (Revive Santa Ana Program)
RECOMMENDED ACTION
Authorize the City Manager to execute agreements with Delhi Center and Seva Collective to operate food distribution programs for a one-year term beginning March 1, 2023 and expiring February 29, 2024, in a total shared aggregate amount not to exceed $500,000, subject to non-substantive changes approved by the City Manager and City Attorney.
DISCUSSION
Revive Santa Ana is a comprehensive COVID-19 pandemic recovery initiative designed to deliver both short-term and long-term health, financial, educational and other support to the Santa Ana community. It is funded by the federal American Rescue Plan Act’s State and Local Fiscal Recovery Fund allocation of $128.3 million, additional housing funding of $21.5 million, and $10.6 million in federal funds from the state for emergency rental assistance. The City Council approved the use of the money on August 2, 2022.
On November 22, 2022, the City Manager’s Office issued a Request for Proposals (RFP) for contractors to operate food distribution programs throughout the city. The RFP was advertised on the City’s online bid management and publication system, with bids due on December 14, 2022 (Exhibit 1). Three nonprofit organizations submitted proposals and all three proposals were deemed responsive. An evaluation committee reviewed and rated the proposals according to the criteria listed in the RFP. The results of the evaluation are as follows:
Proposer Location Score
Delhi Center Santa Ana 97%
Seva Collective Tustin 88%
United Across Borders Foundation Anaheim 51%
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Food Distribution Programs
February 16, 2021
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8 Staff recommends awarding agreements to the top two proposers. (Exhibit 2-3).
Organization Funding Amount Requested
per Year
Proposed Award
Delhi Center $250,000 $250,000
Seva Collective $250,000 $250,000
(United Across Borders
Foundation)
$83,333.33 $0
The proposed organizations are prepared to offer traditional food distribution events.
These proposed programs will operate weekly and will provide low-income community members with access to free food, diapers, and other essential supplies. Additional program details including detailed budgets and scope of work for each of the proposed programs are outlined in the agreements (Exhibits 2-3).
FISCAL IMPACT
Funds are available for expenditure in Fiscal Year 2022-23. Any remaining balances not expended at the end of the fiscal year will be carried forward to the following fiscal year.
Fiscal
Year
Accounting
Unit/Account No.
(Project No.)
Fund
Description
Accounting
Unit/Account No.
Description
Amount
2022-
23 18103013-Various
(221322)
American
Rescue Plan Act
ARPA-CMO Food
Distribution Programs
$500,000
Total $500,000
EXHIBIT(S)
1. RFP No. 22-166A Food Distribution Programs
2. Agreement – Delhi Center
3. Agreement – Seva Collective
Submitted By: Steven A. Mendoza, Assistant City Manager Approved By: Kristine Ridge, City Manager
City Council
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CITY OF SANTA ANA
REQUEST FOR PROPOSALS NO. 22-166A
FOR
FOOD DISTRIBUTION PROGRAMS
CITY OF SANTA ANA
KEY RFP DATES: The schedule below is tentative and subject to change at the discretion of City, with appropriate notice to prospective Proposers.
Issue Date: Tuesday, November 22, 2022
Deadline for Questions: T hursday, December 01, 2022, 4:00 P.M.
Proposal Due Date: Wednesday, December 14, 2022, 4:00 P.M.
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CITY OF SANTA ANA
TABLE OF CONTENTS
I. BACKGROUND ........................................................................................................................... 3 II. OVERVIEW OF PROJECT .......................................................................................................... 3 III. SCOPE OF SERVICES ............................................................................................................... 3 IV. TERM OF AGREEMENT ............................................................................................................. 4 V. MINIMUM QUALIFICATIONS ...................................................................................................... 4 VI. RESPONSE TO RFP .................................................................................................................. 4 VII. CERTIFICATIONS (ATTACHMENTS) ......................................................................................... 9 VIII. REFERENCES ............................................................................................................................ 9 IX. MINIMUM SCOPE AND LIMIT OF INSURANCE ....................................................................... 10 X. SELECTION PROCEDURES & CRITERIA ............................................................................... 12 XI. WITHDRAWALS........................................................................................................................ 13 XII. GENERAL TERMS AND CONDITIONS .................................................................................... 13 XIII. AWARD OF AGREEMENT ........................................................................................................ 18 XIV. IMPLEMENTATION ................................................................................................................... 19
EXHIBITS
Exhibits provided herein for Proposers’ reference only.
I SCOPE OF SERVICES
II SAMPLE AGREEMENT
III FEDERAL REGULATIONS
ATTACHMENTS
Attachments provided herein must be included in Proposal submissions.
A PROPOSER’S CERTIFICATION, PROPOSAL ITEM PRICING
B REFERENCES
C PROPOSER’S STATEMENT
D NON-COLLUSION AFFIDAVIT
E NON-LOBBYING CERTIFICATION
F NON-DISCRIMINATION CERTIFICATION
G F EDERAL AWARD IDENTIFICATION INFORMATION
H D EBARMENT CERTIFICATION
I D RUG-FREE WORKPLACE
J BUSINESS ENTITY STATUS DOCUMENTATION
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CITY OF SANTA ANA
I. BACKGROUND
Incorporated in 1886, Santa Ana, a Charter City, established a Council -Manager form of government in 1952. The City Council is composed of seven members : the Mayor elected at large and six Councilmembers elected by ward, who appoint the City Manager, City Attorney and Clerk of the Council. The City of Santa Ana (City) is a full-service City with a diverse population of approximately 335,000.
The City’s eleven departments provide all the traditional municipal services, as well as water utility, library system, 20-acre zoo, City Jail, Police Department, and contracts with the Orange County Fire Authority for provision of fire services. The City employs 1,178 authorized full-time positions and has an annual citywide budget is $646 million, including the General Fund budget of $316 million.
The City of Santa Ana is located 10 miles inland from the Pacific Ocean, 33 miles southeast of Los Angeles and 90 miles north of San Diego. The City, which is the county seat of Orange County, encompasses an area of approximately 27 square miles and is the 11th lar gest by population in California.
II. OVERVIEW OF PROJECT
The City of Santa Ana (City) is seeking proposals from qualified nonprofit organizations (Proposers) to provide food distribution program services as part of the Revive Santa Ana COVID- 19 recovery program.
Revive Santa Ana is a comprehensive COVID-19 pandemic recovery initiative designed to deliver both short-term and long-term health, financial, educational and other support to the Santa Ana community. It is funded by a federal American Rescue Plan Act allocation of $128.3 million, additional housing funding of $21.5 million, and $10. 6 million in federal funds from the state for emergency rental assistance. The Santa Ana City Council approved the latest iteration of the Revive Santa Ana Spending Plan, which outlines the use of these funds for Santa Ana, on August 2, 2022.
The purpose of this RFP is to award up to $500,000 (minimum $50,000/maximum $250,000 to individual organizations) in federal grant funds to qualified nonprofit organizations that have the expertise and experience in providing food distribution programs for cities similar to the City of Santa Ana and in accordance with Section V (“Minimum Qualifications”). Although not required, the City prefers that Proposers have experience providing said services to City of Santa Ana residents.
This is a reimbursement grant opportunity. Organizations awarded grants will need to expend funds in qualified, eligible categories and then request reimbursement from the City with appropriate documentation of expenses.
The term “Vendor”, “Proposer”, and “Contract or” shall refer to any legal entity or entities submitting a proposal in response to this Request for Proposals (RFP).
III. SCOPE OF SERVICES
SEE EXHIBIT I – SCOPE OF SERVICES
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CITY OF SANTA ANA
Usage is not guaranteed. Execution of an agreement between the City and successful firm(s) and/or individual(s) does not guarantee work throughout the duration of the contract period.
Numerous factors will be evaluated by the City in its delivery of project and assignments, including technical expertise required.
IV. TERM OF AGREEMENT
The anticipated term of the agreement is for an initial period of three (3) years. The City may, at its discretion, extend the agreement with the same or more limited scope of required services for two (2) additional one (1) year periods , upon mutual agreement contingent upon City Council approval, or City Manager or City Attorney authorization, as appropriate. The total term of the awarded agreement shall not exceed five (5) years.
V. MINIMUM QUALIFICATIONS
A) Contractor must have expertise and experience in providing the following programs for comparable cities or public agencies:
1) Providing food to individuals and families experiencing food insecurities as a result of the COVID-19 pandemic
2) Demonstrated track record of feeding 800+ households per month
VI. RESPONSE TO RFP
A. SUBMITTAL INSTRUCTIONS
It is the responsibility of the Proposer to ensure that any proposals submitted have been uploaded to PlanetBids prior to the RFP due date and time. Proposals, including all required sections and forms, shall be submitted electronically via the City’s Bid Management System, PlanetBids. No other form of submittal will be accepted.
PlanetBids will not accept late proposals and no exceptions shall be made. Proposers will receive an e-bid confirmation number with a time stamp from PlanetBids indicating that their proposal was submitted successfully. The City will only receive and consider those proposals that were transmitted successfully. Submit proposal online at:
http://www.planetbids.com/portal/portal.cfm?CompanyID=20137 .
Proposer shall be solely responsible for informing itself with respect t o the proper utilization of the bid management system, for ensuring the capability of their computer system to upload the required documents, and for the stability of their internet service. Failure of the Proposer to successfully submit an electronic proposal shall be at the Proposer’s sole risk and no relief will be given for late and/or improperly submitted proposals. Proposers experiencing any technical difficulties with the bid submission process may contact PlanetBids at (818) 992 - 1771. Questions of an operational nature may be directed to the City’s assigned Buyer .
Neither the City, nor PlanetBids, makes any guarantee as to the timely availability of assistance, or assurance that any given problem will be resolved by the bid submission deadline.
Proposals shall NOT be sent via telegraphic, electronic, or facsimile means.
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CITY OF SANTA ANA
All notifications, updates and addenda will be posted online on PlanetBids at https://www.planetbids.com/portal/portal.cfm?CompanyID=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal.
B. COMMUNICATION / CONTACT WITH CITY STAFF
Unless otherwise authorized herein, Proposers who are considering submitting a proposal in response to this RFP, or who submit a proposal in response to this RFP, are only to communicate with the assigned Project Coordinator(s), and no other City staff about this RFP from the date this RFP is issued until a contract is awarded. The City will provide all official communication concerning this RFP in writing via the City’s Bid Management System, PlanetBids.
The City will not be responsible for or bound by any oral communication or any other information or contact that occurs outside the official communication process specified herein, unless confirmed in writing by the designated Project Manager(s).
C. REQUEST FOR INFORMATION OR CLARIFICATION / QUESTIONS Questions regarding this RFP shall be submitted via PlanetBids. Responses to all questions will be posted on PlanetBids no later than the date and time shown at the schedule of key RFP dates on the cover page of this RFP . All prosp ective Proposers are advised to visit PlanetBids on a regular basis as responses may be posted earlier than the date above (if applicable). No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP.
Requests submitted for City’s consideration of proposed terms and conditions, including modifications to the City’s RFP and/or Contract terms and conditions must be submitted by the deadline for questions. Such requests should include an attachment in Word or PDF format on formal company letterhead that shows the requested modifications.
Significant interpretations or clarifications and responses to questions received by the deadline will be addressed via addenda to this RFP, which will be released and posted on PlanetBids under the “Addenda/Emails” tab.
General process questions may be directed to the following:
Eva Pierce
Buyer
[email protected]
D. ADDENDA
Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on City’s PlanetBids system, https://www.planetbids.com/portal/portal.cfm?CompanyID=20137 .
Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation.
E. UNDERSTANDING PROPOSAL
It is the responsibility of each Proposer to inquire about any criteria, condition, term, provision, or requirement of the RFP that the Proposer does not understand. Responses to inquiries, if they significantly change or clarify the RFP requirements or any aspect of the procurement
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CITY OF SANTA ANA
process, will be forwarded by addenda to all Proposers. The City will not be bound by any oral responses to inquiries. By submitting proposals, Proposers assert that they have fully read the RFP and any addenda issued by the City, the proposed Contract and any other Contract Documents, and affirm that the terms and conditions stated therein are fully understood and are acceptable to the Proposer. Each Proposer accepts the terms and conditions of the Contract Documents and indicates their ability and willingness to perform the requested services under such terms and conditions. Any exceptions to the terms and conditions set forth in the Contract Document should be clearly noted in each Proposer’s proposal.
F. PROPOSAL CONTENTS
Proposals are to be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Colored displays, promotional materials, photographs etc., are not necessary or desired. Emphasis should be concentrated on conformance to RFP instructions, responsiveness to the RFP requirements, and on completeness and clarity of content. Digital dividers and clear organization of content and material are encouraged.
All proposal submissions shall be on 8-1/2” x 11” white paper.
1. Statement of Qualifications (SOQ)
SOQ must include a Table of Contents. Additionally, SOQ must include the following:
a. Cover Letter
Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. Include type of business entity.
Cover Letter shall not exceed one page.
Cover letter must be addressed to the following City Project Manager:
Lauren Matthews
City of Santa Ana – City Manager’s Office
20 Civic Center Plaza
Santa Ana, CA 92701
b. Services Provided
A description of proposed services to be provided and how they meet the needs of the City as described in Section III – Scope of Services (Above).
c. Agreement Statement
Proposal shall include a statement outlining your concurrence or concerns with any and all provisions as contained in EXHIBIT II – Sample Agreement of this RFP (if any).
d. Firm and Team Experience
Proposal shall include a profile of the firm’s experience including the following:
i. A general description of the firm, including size and number of employees working directly with the City on this agreement.
ii. Firm’s nearest address serving the City of Santa Ana and headquarters address.
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CITY OF SANTA ANA
iii. Name and contact information of the supervising Project Manager/Principal Agent, to be assigned to the agreement. The Project Manager/Principal Agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited to an interview. iv. Organizational Chart (1 page maximum)
v. Brief profile of leadership staff, including organizational experience (1 page maximum)
vi. Relevant Program/Service Experience: (1 page max imum) Proposal shall include a l ist of pr ograms/services which y our organization has provided within the last five (5) yea rs. Program/Service information should include program descr iptions, approximate number of residents served, and proportion of residents considered impacted or disproportionately impacted. vii. Federal Funding: (1 page maximum) Proposal sha ll include a listi ng that contains the items below of Federal grants received (directly or from a Pass- through Agency) with in the past five (5) years.
• Name of Federal Awarding Agency
• Name of Grant
• Grant Agreement Number
• Federal Catalog Number
• Project Period
• Award Amount
• Scope of work
e. Proposed Work Plan
Proposal shall include a statement demonstrating the firm’s understanding of the Scope of Services.
Additionally, proposed work plan shall include Proposers’:
i. Program Design and Description: Describe the food distribution services for which you are requesting funding. Include when and where (locations, times, days of week, etc.) all services will take place and by whom they will be delivered (if applicable), including any services with partners. (3 pages maximum)
(1) Describe key services (e.g., operations, meal programs, home delivery of food, other goods provided, education, etc.) you will implement.
Describe how these services best serve impacted and
disproportionately impacted populations.
(2) If requesting funding for multiple services, describe how the s ervices will be integrated to better serve our community.
(3) Indicate which services are new for your agency. Please attach a separate start-up timeline chart for each new service.
(4) Include the anticipated number of unduplicated households to be served annually for each service.
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ii. Proposed Scope of Services: (5 pages maximum)
(1) Proposal shall include details of food distribution services to be provided, the tasks to be accomplished, duration of the program and the deliverables to be provided;
(2) Proposal shall include details of the target population; (3) Proposal shall include details of the unmet need;
(4) Proposal shall include details of collaborations with local organizations; and
(5) Proposal shall include details of innovation in program/service delivery iii. Data Collecting, Reporting and Compliance: (2 pages maximum) (1) The proposal shall include details on how the organization will comply with the State and Local Fiscal Recovery Funds, Compliance and Reporting responsibilities for the following categories:
2: Negative Economic Impacts
2.1 Household Assistance: Food Programs
Proposers will have to comply with and demonstrate Evidence of Use and Project Demographic Distribution. See link for guidance book:
https://home.treasury.gov/system/files/136/SLFRF-Compliance- and-Reporting-Guidance.pdf
a) Details regarding Proposer’ s approach to servicing people in a Qualified Service Tract (QCT) (see link for below for map, zoom into the City and select “Color QCT Qualified Tracts (Zoom 7+)” to view QCTs). If service is not in a QCT, how will the organization support their determination that the pandemic resulted in disproportionate public health or economic outcomes to the specific population, household, or geographic area served. https://www.huduser.gov/portal/sadda/sadda_qct.html
b) Details regarding Proposer’s plan to comply and experience with 2 CFR part 200 (Uniform Administrative Requirements).
See link for below for regulations.
https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200?toc=1 iv. Suggestions or special concerns the evaluation committee should take into consideration (if any);
v. Description of deliverables and implementation plan. Proposer shall submit a
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10 2/7/2023
CITY OF SANTA ANA
general description of the deliverables, implementation plan, and timeline. f. References:
Attachment B – References shall be submitted for similar projects performed for state and/or similar government clients.
2. Cost Proposal
Cost Proposal is limited to a maximum of two (2) pages. All Proposers are required to submit a detailed line item budget proposal for services for the entirety of the program period. In addition, please describe your organization’s ability to support cashflow needs between reimbursement of expenditures, estimated 90-120 days (invoicing is anticipated to be monthly).
The City shall not provide reimbursement for travel-related expenses, mileage, parking, lodging, meals, incidental fees, insurance, freight/shipping and handling/delivery, and any other business expenses, supplies and materials related to providing services as specified herein. Additional costs will not be considered and will not be reimbursed by the City, therefore, such costs must be absorbed in Proposer’s cost proposal fee structure.
Proposals shall be valid for a minimum of one hundred eighty (180) days following Proposal deadline. The cost for developing the Proposal is the sole responsibility of the Proposer. All Proposals submitted become property of the City.
VII. CERTIFICATIONS (ATTACHMENTS)
In addition to the SOQ, Narrative/Technical Proposal, and Cost Proposal, the following forms, included in this RFP, shall be signed and included as part of the proposal submittal package:
• A ttachment A: Proposer’s Certification and Proposal Item Pricing • Attachment B: References
• Attachment C: Proposer’s Statement
• Attachment D: Non-Collusion Affidavit
• Attachment E: Non-Lobbying Certification
• Attachment F: Non-Discrimination Certification
• Attachment G: Federal Award Identification Information • Attachment H: Debarment Certification
• Attachment I: Drug-Free Workplace
• Attachment J: Business Entity Status Documentation
The proposal must be completely responsive to the RFP. Incomplete proposals will be deemed as nonresponsive and will be rejected. The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any commitment will be awarded pursuant to this RFP or otherwise.
PLEASE NOTE: City will not be waive notarization requirement when applicable on any of the required attachments.
VIII. REFERENCES
Contractor shall provide three (3) references from other similar public agencies for which services similar to those specified in this RF P have been performed, including contact names and
City Council
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11 2/7/2023
CITY OF SANTA ANA
telephone numbers. Use ATTACHMENT B – References. The respondent grants permission for the City to contact any individuals listed as references.
City may disqualify a Proposer if:
• References fail to substantiate Proposer’s description of services and deliverables provided; or
• References fail to support that Proposer has a continuing pattern of providing capable, productive, and skilled personnel, or
• City is unable to reach the point of contact with reasonable effort. It is the Proposer’s responsibility to inform the point of contact(s) of normal City working hours.
IX. MINIMUM SCOPE AND LIMIT OF INSURANCE
The selected Proposer shall provide the required evidence of insurance coverage as set forth in the standard agreement within ten (10) business days after receipt of Notice of Intent to Award.
Contractor must maintain, for the duration of its contract, insurance coverages as required by the City.
Additionally, Contractor shall provide the following insurance coverage:
Coverage shall be at least as broad as:
• Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
• Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1 ), or if Contractor has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. • Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
• Sexual Abuse or Molestation (SAM) Liability: If the work will include contact with minors, and the CGL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, Vendor shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $100,000 per occurrence or claim and with a limit no less than $1,000,000 per occurrence or claim for organization.
• Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.
City Council
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12 2/7/2023
CITY OF SANTA ANA
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The Entity, its officers, officials, emp loyees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).
Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, offi cials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Entity.
Waiver of Subrogation
Contractor hereby grants to Entity a waiver of any right to subrogation which any insurer of said Contractor may acquire against the Entity by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the Entity. The Entity may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or Entity.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Entity.
Claims Made Policies (note – should be applicable only to professional liability, see below) If any of the required policies provide claims-made coverage:
1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
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CITY OF SANTA ANA
Verification of Coverage
Contractor shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them.
The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors.
Special Risks or Circumstances
Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
X. SELECTION PROCEDURES & CRITERIA
A. The City will establish a proposal review committee. The review committee will evaluate proposals based on the response to the RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth below.
B. Proposers will be ranked by the review committee based on the following criteria:
C. The City is under no obligation to accept any proposal and reserves the right to negotiate with respondents as to fees and terms. The City may reject proposals at its sole discretion.
If proposal fails to satisfy any requirements outlined in this RFP , it may be considered non- responsive and may be rejected.
The City shall not be obligated to accept the lowest priced proposals, but will make awards in the best interests of the City after all factors have been evaluated.
The review committee will recommend the qualified Proposers to the City Council or City Manager for award of contract, as appropriate.
CATEGORY POINTS
Experience of Firm and Personnel
25 Proposed Scope of Services 25
Cost Proposal
25 Data Collection, Reporting and Compliance
25 TOTAL POSSIBLE SCORE 100
City Council
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14 2/7/2023
CITY OF SANTA ANA
D. The review committee may invite the proposers to interview. The City reserves the right to seek additional information from any or all Proposers invited to present proposals. A final score will be calculated for each submitted proposal and used to rank Proposers . City reserves the right to begin negotiations and enter into a contract without holding interviews, or further discussions.
XI. WITHDRAWALS
Proposers are responsible for verifying all prices and information before submitting a proposal.
Prior to the proposal due date, the Proposer or Proposer’s representative may withdraw the proposal by providing written notice of the proposal withdrawal to the City Contact/Project Manager. Verbal or telephonic withdrawals are not permissible.
XII. GENERAL TERMS AND CONDITIONS
A. AMERICANS WITH DISABILITIES ACT
The awarded Contractor hereby certifies that it will comply, as applicable, with the Americans with Disabilities Act of 1990 (“ADA”), 42 USC §§ 12101 et seq., and its implementing regulations, including Subtitle A, Title II of the ADA. Contractor will not discriminate against persons with disabilities nor against persons due to their relationship to or association with a person with a disability. Any contract entered into by the awarded Contractor (or any subcontract thereof), relating to this RFP, shall be subject to the provisions of this paragraph.
B. CITY BUSINESS LICENSE
The selected proposer shall be required to obtain a City of Santa Ana Business license within thirty (30) days of selection and must provide a copy to the City projects manager or designee prior to commencing any work in Santa Ana.
C. CITY RIGHT TO REJECT
The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any agreement will be awarded pursuant to this RF P or otherwise. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal.
D. CONFLICT OF INTEREST
Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of the City. This obligation shall apply to the Contractor; the Contractor’s employees, agents, and Subcontractors associated with accomplishing work and services hereunder. The Contractor’s efforts shall include, but not be limited to, establishing precautions to prevent its employees, agents, and Subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence City staff or elected officers from acting in the best interests of the City.
Each Proposer must disclose any existing or potential conflict of interest relati ve to the performance of the contractual services resulting from this RF P. Any such relationship that might be perceived or represented as a conflict should be disclosed. The City reserves the right to disqualify any Proposer on the grounds of actual or apparent conflict of interest.
City Council
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15 2/7/2023
CITY OF SANTA ANA