Agenda packet — Santa Ana City Council, February 21, 2023 (part 2 of 3)

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SEPARATELY ISSUED REPORTS:

In addition to the ACFR and the AQMD reports, CLA performed the following Agreed- Upon Procedures (AUP) examinations.

Appropriation Limit Calculations, also known as GANN Limit (Exhibit 5) The GANN limit established the appropriations limit on expenditures for publicly funded programs in accordance with Section 1 of Article XIII of the California Constitution.

The Accounting Division is pleased to report that no findings were noted as a result of this AUP Review.

City’s Compliance with the Statement of Investment Policy (Exhibit 6) The City elected to have the auditor confirm the City’s compliance with its Investment Policy.

The Accounting Division is pleased to report that no findings were noted as a result of this review.

Measure X Agreed-Upon-Procedures Report (Exhibit 7)
In accordance with SAMC 35-216, staff has prepared an annual report that includes the list of expenditures made with Measure X money for FY 2021-22. In accordance with SAMC 35-215, the City’s independent auditor has reviewed the annual report prepared by staff, verified the numbers presented, and opined the numbers are fairly stated. On January 18, 2023, the audit engagement partner presented the report to the Measure X Citizens Oversight Committee, in accordance with Section 6 of Resolution No. 2019-008 (the Committee’s establishing resolution). We expect the Committee will prepare its annual report and make recommendations to the City Council in time for the budget process, in accordance with the same establishing resolution.

FISCAL IMPACT
There is no fiscal impact associated with this action.

EXHIBIT

1. Audit Opinion Letter

2. Government Auditing Standards (GAS) Letter

3. Governance Letter

4. Air Quality Management District (AQMD) Report

5. GANN Limit Agreed-Upon Procedures Report

6. Investment Policy Agreed-Upon Procedures Report

7. Measure X Agreed-Upon Procedures Report
Submitted By: Kathryn Downs, FMSA Executive Director
Approved By: Kristine Ridge, City Manager

City Council
10 –
3 2/21/2023

CLA (CliftonLarsonAllen LLP) is an independent network member of CLA Global. See CLAglobal.com/disclaimer.

CliftonLarsonAllen LLP
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INDEPENDENT AUDITORS’ REPORT
Hono
rable Mayor and
Members of the City Council
City of Santa Ana
Santa Ana, California
Report on the Audit of the Financial Statements
Opinions
We have audited the accompanying financial statements of the governmental activities, the business- type activities, each major fund, and the aggregate remaining fund information of the City of Santa Ana (the City), as of and for the year ended June 30, 2022, and the related notes to the financial statements, which collectively comprise City’s basic financial statements as listed in the table of contents.

In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City, as of June 30, 2022, and the respective changes in financial position, and, where applicable, cash flows thereof for the year then ended in accordance with accounting principles generally accepted in the United States of America.

Basis for Opinions
We conducted our audit in accordance with auditing standards generally accepted in the United States of America (GAAS) and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Our responsibilities under those standards are further described in the Auditors’ Responsibilities for the Audit of the Financial Statements section of our report. We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions.

Emphasis of a Matter
Change in Accounting Principle
As described in Note 1E to the financial statements, effective July 1, 2021, the City adopted new accounting guidance, Statement of Governmental Accounting Standards Board (GASB Statement) No. 87, Leases. Our opinions are not modified with respect to this matter.

EXHIBIT 1

City Council
10 –
4 2/21/2023

Honorable Mayor and
Members of the City Council
City of Santa Ana

Responsibilities of Management for the Financial Statements Management is responsible for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America, and for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error.

In preparing the financial statements, management is required to evaluate whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the City’s ability to continue as a going concern for twelve months beyond the financial statement date, including any currently known information that may raise substantial doubt shortly thereafter.

Auditors’ Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditors’ report that includes our opinions. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS and Government Auditing Standards will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control.

Misstatements are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements.

In performing an audit in accordance with GAAS and Government Auditing Standards, we:

 Exercise professional judgment and maintain professional skepticism throughout the audit.

 Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements.

 Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of City of Santa Ana’s internal control. Accordingly, no such opinion is expressed.

 Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements.

 Conclude whether, in our judgment, there are conditions or events, considered in the aggregate, that raise substantial doubt about City of Santa Ana’s ability to continue as a going concern for a reasonable period of time.

City Council
10 –
5 2/21/2023

Honorable Mayor and
Members of the City Council
City of Santa Ana

We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings, and certain internal control related matters that we identified during the audit.

Required Supplementary Information
Accounting principles generally accepted in the United States of America require that that the management’s discussion and analysis, budgetary comparison schedules - general and major special revenue funds, notes to the required supplementary information, schedule of changes in net pension liability and related ratios and schedule of plan contributions for the miscellaneous, safety, and supplementary retirement plans, and schedule of changes in the total OPEB liability and related ratios be presented to supplement the basic financial statements. Such information is the responsibility of management and, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with GAAS, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance.

Supplementary Information
Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the City of Santa Ana’s basic financial statements. The combining and individual non-major fund financial statements and schedules are presented for purposes of additional analysis and are not a required part of the basic financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the basic financial statements. The information has been subjected to the auditing procedures applied in the audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statement s or to the basic financial statements themselves, and other additional procedures in accordance with GAAS. In our opinion, the combining and individual non-major fund financial statements and schedules are fairly stated, in all material respects, in relation to the basic financial statements as a whole.

Other Information
Management is responsible for the other information included in the annual report. The other information comprises the introductory and statistical sections but does not include the basic financial statements and our auditors’ report thereon. Our opinions on the basic financial statements do not cover the other information, and we do not express an opinion or any form of assurance thereon.

In connection with our audit of the basic financial statements, our responsibility is to read the other information and consider whether a material inconsistency exists between the other information and the basic financial statements, or the other information otherwise appears to be materially misstated. If, based on the work performed, we conclude that an uncorrected material misstatement of the other information exists, we are required to describe it in our report.

City Council
10 –
6 2/21/2023

Honorable Mayor and
Members of the City Council
City of Santa Ana

Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated December 28, 2022, on our consideration of the City’s internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the City’s internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City’s internal control over financial reporting and compliance.

CliftonLarsonAllen LLP
Irvine, California
December 28, 2022

City Council
10 –
7 2/21/2023

CLA (CliftonLarsonAllen LLP) is an independent network member of CLA Global. See CLAglobal.com/disclaimer.

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INDEPEND
ENT AUDITORS’ REPORT ON INTERNAL CONTROL OVER

FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS

BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED

IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS
Honorable City Council
City of Santa Ana
Santa Ana, California
We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Santa Ana (the City), as of and for the year ended June 30, 2022, and the related notes to the financial statements, which collectively comprise the City’s basic financial statements, and have issued our report thereon dated December 28, 2022.

Report on Internal Control Over Financial Reporting
In planning and performing our audit of the financial statements, we considered the City’s internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control. Accordingly, we do not express an opinion on the effectiveness of the City’s internal control.

A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented, or detected and corrected, on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance.

Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses or significant deficiencies may exist that were not identified. .

EXHIBIT 2

City Council
10 –
8 2/21/2023

Honorable City Council
City of Santa Ana

Report on Compliance and Other Matters
As part of obtaining reasonable assurance about whether the City’s financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards.

Purpose of This Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose.

CliftonLarsonAllen LLP
Irvine California
December 28, 2022

City Council
10 –
9 2/21/2023

CLA (CliftonLarsonAllen LLP) is an independent network member of CLA Global. See CLAglobal.com/disclaimer.

Honorable City Council
City of Santa Ana
Santa Ana, California
We have audited the financial statements of the governmental activities, business-type activities, each major fund, and the aggregate remaining fund information of the City of Santa Ana (the City) as of and for the year ended June 30, 2022, and have issued our report thereon dated December 28, 2022. We have previously communicated to you information about our responsibilities under auditing standards generally accepted in the United States of America and Government Auditing Standards , as well as certain information related to the planned scope and timing of our audit in our engagement letter dated August 16, 2022. Professional standards also require that we communicate to you the following information related to our audit.

Significant audit findings
Qualitative aspects of accounting practices
Accounting policies
Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by the City are described in Note I to the financial statements.

As described in Note 1E, the City changed accounting policies related to leases by adopting Governmental Accounting Standards Board (GASB) Statement No. 87, Leases, effective July 1, 2021.

Accordingly, the accounting change has been applied to the beginning of the period of adoption.

We noted no transactions entered into by the City during the year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized in the financial statements in the proper period.

Accounting estimates
Accounting estimates are an integral part of the financial statements prepared by management and are based on managements knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The most sensitive estimates affecting the financial statements were:

The annual required contributions, pension expense, net pension liability, and corresponding deferred outflows of resources and deferred inflows of resources for the Citys agent multiple employer defined benefit pension plans are based on act uarial valuations provided by California Public Employee Retirement System actuaries and for the Citys single employer defined benefit pension plan are based on an actuarial valuation provided by a third-party actuary.

EXHIBIT 3

City Council
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10 2/21/2023

Honorable City Council City of Santa Ana Page 2 The other postemployment benefits (OPEB) expense and total OPEB liability, andcorresponding deferred outflows of resources and deferred inflows of resources for theCitys OPEB plan are based on an actuarial valuation provided by a third-party actuary.The claims liability for workers compensation and general liabilities are based on certainactuarial assumptions and methods prepared by an outside consultant.The allowance for uncollectible accounts are based on managements analysis ofcollectability of receivables based on terms and conditions of agreements, as well ascurrent economic conditions and considerations of creditors ability to pay.Financial statement disclosures Certain financial statement disclosures are particularly sensitive because of their significance to financial statement users. There were no particularly sensitive financial statement disclosures. The financial statement disclosures are neutral, consistent, and clear. Difficulties encountered in performing the audit We encountered no significant difficulties in dealing with management in performing and completing our audit. Uncorrected misstatements Professional standards require us to accumulate all misstatements identified during the audit, other than those that are clearly trivial, and communicate them to the appropriate level of management. The attached schedule summarizes uncorrected misstatements of the financial statements. Management has determined that their effects are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. Corrected misstatements None of the misstatements detected as a result of audit procedures and corrected by management were material, either individually or in the aggregate, to the financial statements taken as a whole. Disagreements with management For purposes of this letter, a disagreement with management is a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditors report. No such disagreements arose during our audit. Circumstances that affect the form and content of the auditors report As previously communicated to you, the report was modified to include an emphasis of a matter to direct readers to Note IE to the financial statements regarding adoption of new account guidance, Statement of Governmental Accounting Standards Board (GASB Statement) No. 87, Leases. Management representations We have requested certain representations from management that are included in the management representation letter dated December 28, 2022.

City Council
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11 2/21/2023

Honorable City Council City of Santa Ana Page 3 Management consultations with other independent accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a second opinion on certain situations. If a consultation involves application of an accounting principle to the entitys financial statements or a determination of the type of auditors opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants. Required Supplementary Information With respect to the required supplementary information (RSI) accompanying the financial statements, we made certain inquiries of management about the methods of preparing the RSI, including whether the RSI has been measured and presented in accordance with prescribed guidelines, whether the methods of measurement and preparation have been changed from the prior period and the reasons for any such changes, and whether there were any significant assumptions or interpretations underlying the measurement or presentation of the RSI. We compared the RSI for consistency with managements responses to the foregoing inquiries, the basic financial statements, and other knowledge obtained during the audit of the basic financial statements. Because these limited procedures do not provide sufficient evidence, we did not express an opinion or provide any assurance on the RSI. Supplementary information in relation to the financial statements as a whole With respect to the combining and individual non-major fund financial statements and schedules (collectively, the supplementary information) accompanying the financial statements, on which we were engaged to report in relation to the financial statements as a whole, we made certain inquiries of management and evaluated the form, content, and methods of preparing the information to determine that the information complies with accounting principles generally accepted in the United States of America, the method of preparing it has not changed from the prior period or the reasons for such changes, and the information is appropriate and complete in relation to our audit of the financial statements. We compared and reconciled the supplementary information to the underlying accounting records used to prepare the financial statements or to the financial statements themselves. We have issued our report thereon dated December 28, 2022. Other information included in annual reports Other information (financial or nonfinancial information other than the financial statements and our auditors report thereon) is being included in your annual report and is comprised of introductory and statistical sections. Our responsibility for other information included in your annual report does not extend beyond the financial information identified in our opinion on the financial statements. We have no responsibility for determining whether such other information is properly stated and do not have an obligation to perform any procedures to corroborate other information contained in your annual report. We are required by professional standards to read the other information included in your annual report and consider whether a material inconsistency exists between the other information and the financial statements because the credibility of the financial statements and our auditors report thereon may be undermined by material inconsistencies between the audited financial statements and other information. If, based on the work performed, we conclude that an uncorrected material misstatement of the other information exists, we are required to describe it in our report. Our auditors report on the financial statements includes a separate section, Other Information, which states we do not express an opinion or any form of assurance on the other information included in the annual report. We did not identify any material inconsistencies between the other information and the audited financial statements.

City Council
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12 2/21/2023

Honorable City Council City of Santa Ana Page 4 * * *This communication is intended solely for the information and use of the City Council and management of the City of Santa Ana and is not intended to be, and should not be, used by anyone other than these specified parties. CliftonLarsonAllen LLP Irvine, California December 28, 2022

City Council
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13 2/21/2023

Honorable City Council City of Santa Ana Page 5 DESCRIPTION ASSET LIABILITY NET POSITION REVENUE EXPENSEGeneral FundTo record effect of prior year uncorrected misstatementsExpense (413,923) Fund balance 413,923 - - 413,923 - (413,923) Water FundTo adjust deposit liabilityDeposit payable 129,344Net Position (130,379) Revenue 1,035 To accrue invoices to proper periodExpense 166,286 Accounts payable (166,286) - (36,942) (130,379) 1,035 166,286 Sewer FundTo accrue invoices to proper periodExpense 64,672 Accounts payable (64,672) - (64,672) - - 64,672 City of Santa AnaDEBIT (CREDIT)June 30, 2022Uncorrected Misstatements

City Council
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14 2/21/2023

CITY OF SANTA ANA, CALIFORNIA

AIR QUALITY IMPROVEMENT SPECIAL REVENUE FUND

FINANCIAL STATEMENTS AND

SUPPLEMENTARY INFORMATION
YEAR ENDED JUNE 30, 2022
EXHIBIT 4

City Council
10 –
15 2/21/2023

CITY OF SANTA ANA, CALIFORNIA AIR QUALITY IMPROVEMENT SPECIAL REVENUE FUND TABLE OF CONTENTS YEAR ENDED JUNE 30, 2022 INDEPENDENT AUDITORS REPORT 1FINANCIAL STATEMENTSBALANCE SHEET 4STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE 5NOTES TO FINANCIAL STATEMENTS 6REQUIRED SUPPLEMENTARY INFORMATIONSTATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE BUDGET AND ACTUAL 10INDEPENDENT AUDITORS REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS11

City Council
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16 2/21/2023

CLA (CliftonLarsonAllen LLP) is an independent network member of CLA Global. SeeCLAglobal.com/disclaimer. (1)
INDEPENDENT AUDITORS REPORT Honorable Mayor and Members City Council City of Santa Ana Santa Ana, California Report on the Audit of the Financial Statements Opinion We have audited the accompanying financial statements of the Air Quality Improvement Special Revenue Fund of the City of Santa Ana, California (the City), as of and for the year ended June 30, 2022, and the related notes to the financial statements, as listed in the table of contents. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of the Air Quality Improvement Special Revenue Fund of the City, as of June 30, 2022, and the changes in financial position thereof for the year then ended in accordance with accounting principles generally accepted in the United States of America. Basis for Opinion We conducted our audit in accordance with auditing standards generally accepted in the United States of America (GAAS) and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Our responsibilities under those standards are further described in the Auditors Responsibilities for the Audit of the Financial Statements section of our report. We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. Emphasis of Matter As discussed in Note 1, the financial statements present only the Air Quality Improvement Special Revenue Fund and do not purport to, and do not, present fairly the financial position of the Santa Ana, City of, California, as of June 30, 2022, the changes in its financial position for the year then ended in accordance with accounting principles generally accepted in the United States of America. Our opinion is not modified with respect to this matter. Responsibilities of Management for the Financial Statements Management is responsible for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America, and for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error.

City Council
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17 2/21/2023

Honorable Mayor and Members City Council City of Santa Ana (2)
Auditors Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditors report that includes our opinion. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS and Government Auditing Standards will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Misstatements are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements. In performing an audit in accordance with GAAS and Government Auditing Standards, we: Exercise professional judgment and maintain professional skepticism throughout the audit. Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements. Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of Citys internal control. Accordingly, no such opinion is expressed. Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements. We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings, and certain internal control related matters that we identified during the audit. Required Supplementary Information Accounting principles generally accepted in the United States of America require that the budgetary comparison schedule be presented to supplement the basic financial statements. Such information is the responsibility of management and, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with GAAS, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with managements responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance.

City Council
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18 2/21/2023

Honorable Mayor and Members City Council City of Santa Ana (3)
Management has omitted the managements discussion and analysis that accounting principles generally accepted in the United States of America require to be presented to supplement the financial statements. Such missing information, although not a part of the financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the financial statements in an appropriate operational, economic, or historical context. Our opinion on the financial statements is not affected by this missing information. Other Reporting Required by Government Auditing StandardsIn accordance with Government Auditing Standards, we have also issued our report dated December 28, 2022 on our consideration of the Air Quality Improvement Special Revenue Funds internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the Citys internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering Citys internal control over financial reporting and compliance. CliftonLarsonAllen LLP Santa Ana, California December 28, 2022

City Council
10 –
19 2/21/2023

CITY OF SANTA ANA, CALIFORNIA AIR QUALITY IMPROVEMENT SPECIAL REVENUE FUND BALANCE SHEET JUNE 30, 2022 See accompanying Notes to Financial Statements. (4)
ASSETSCash and Investments 1,676,260$ Intergovernmental Receivable 108,986 Interest Receivable 3,479 Total Assets 1,788,725$ LIABILITIES, DEFERRED INFLOWS OF RESOURCES,AND FUND BALANCELIABILITIESAccounts Payable -$ DEFERRED INFLOWS OF RESOURCESUnavailable Revenues 110,415 FUND BALANCERestricted for Air Quality Improvement 1,678,310 Total Liabilities, Deferred Inflows of Resources, and Fund Balance 1,788,725$

City Council
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20 2/21/2023

CITY OF SANTA ANA, CALIFORNIA AIR QUALITY IMPROVEMENT SPECIAL REVENUE FUND STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE YEAR ENDED JUNE 30, 2022 See accompanying Notes to Financial Statements. (5)
REVENUESMotor Vehicle Fees 319,256$ Investment Income 12,347 Miscellaneous 165 Total Revenues 331,768 EXPENDITURESDirect Program 350,924 Administrative 21,222 Total Expenditures 372,146 Excess of Revenues Over Expenditures (40,378) OTHER FINANCING SOURCES (USES)Transfers Out (1,810)CHANGES IN FUND BALANCE(42,188) Fund Balance - Beginning of Year 1,720,498 FUND BALANCE - END OF YEAR1,678,310$

City Council
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21 2/21/2023

CITY OF SANTA ANA, CALIFORNIA AIR QUALITY IMPROVEMENT SPECIAL REVENUE FUND NOTES TO FINANCIAL STATEMENTS JUNE 30, 2022 (6)
NOTE 1 GENERAL The financial statements are intended to reflect the financial position and changes in the financial position attributable to the Air Quality Improvement Special Revenue Fund (AQMD) of the City of Santa Ana, California (the City). These financial statements are exclusively for AQMD and do not purport to, and do not present fairly the financial position and changes in the financial position for the City. The South Coast Air Quality Management District (SCAQMD) is authorized under Assembly Bill 2766 (AB 2766) Chapter 1705 [California Health and Safety Code (CHSC) Sections 44220 through 44247] to impose a motor vehicle registration fee to be used by the SCAQMD and local governments specifically for programs to reduce air pollution from mobile sources and related planning, monitoring, enforcement, and technical studies necessary for the implementation of the California Clean Air Act of 1988. The California Department of Motor Vehicles collects the vehicle registration fee and subvenes it to SCAQMD. Upon receipt, the vehicle registration fee is split into segments with 40% of the revenue place in a special revenue fund designated as the Air Quality Improvement Trust Fund for quarterly distribution to local governments. CHSC Section 44243 requires cities and counties receiving the AB 2766 funds to separately account for the revenues and to expend the revenues for air pollution reduction measures pursuant to the California Clean Air Act of 1988 or the SCAQMD's Air Quality Management Plan pursuant to Article 5 of Chapter 5.5 of Part 3 of the CHSC. NOTE 2 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES A. Fund AccountingThe financial activity of the City is accounted for on the basis of funds, each of which isconsidered a separate accounting entity with a self-balancing set of accounts. Moniesunder AB 2766 are accounted for in the Air Quality Improvement Special Revenue Fund,which is a special revenue fund.B. Measurement Focus and Basis of AccountingThe accounting and financial reporting treatment is determined by the applicablemeasurement focus and basis of accounting. Measurement focus indicates the type ofresources being measured such as current financial resources or economic resources.The basis of accounting indicates the timing of transactions or events for recognition inthe financial statements.

City Council
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CITY OF SANTA ANA, CALIFORNIA AIR QUALITY IMPROVEMENT SPECIAL REVENUE FUND NOTES TO FINANCIAL STATEMENTS JUNE 30, 2022 (7)
NOTE 2 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) B. Measurement Focus and Basis of Accounting (Continued)AQMDs financial statements are reported using the current financial resourcesmeasurement focus and the modified accrual basis of accounting. Revenues arerecognized as soon as they are both measurable and available. Revenues areconsidered to be available when they are collectible within the current period or soonenough thereafter to pay liabilities of the current period. For this purpose, thegovernment considers revenues to be available if they are collected within 60 days of theend of the current fiscal period. Expenditures generally are recorded when a liability isincurred, as under accrual accounting.C. Budgetary AccountingThe Citys fiscal year begins on July 1 of each year and ends June 30 the following year.On or before the 15th of June of each year, the City Manager recommends and submitsto the City Council a proposed budget for the next ensuing fiscal year based on adetailed financial plan prepared by the heads of the various offices, agencies anddepartments of the City and its component units. Upon receipt of the proposed budget,the Council holds a public hearing wherein the public is given an opportunity to be heard,after which the Council may make any revisions deemed advisable. After the conclusionof the public hearing, the Council may make modifications with the affirmative vote of atleast a majority of its members. On or before the 31st day of July, the City Counciladopts the budget as amended by the affirmative vote of at least a majority of itsmembers. Upon final adoption, the budget is in effect for the ensuing fiscal year andbecomes the authority for the various offices, agencies, and departments to expendsubject to controls established by the City Charter. At any meeting after the adoption ofthe budget, the City Council may amend or supplement the budget by affirmative vote ofat least two-thirds of the members so as to authorize the transfer of unused balancesappropriated for one purpose to another purpose, or to appropriate available revenue notincluded in the budget. Where appropriations are made to offices, departments, oragencies for more than one activity or program, "appropriations" are considered in theaggregate with respect to total expenditures authorized for that office, department, oragency within each fund, limited to purposes for which the revenues of such funds are tobe spent. The City Manager is authorized to make revisions among the items included insuch appropriations if, in the City Managers opinion, such revisions are necessary andproper. Budgetary control exists at the department level. Council action is necessary fortransfers between departments/agencies or transfers between funds. During the fiscalyear, all budget and supplemental amendments were necessary and made in a legallypermissible manner.

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CITY OF SANTA ANA, CALIFORNIA AIR QUALITY IMPROVEMENT SPECIAL REVENUE FUND NOTES TO FINANCIAL STATEMENTS JUNE 30, 2022 (8)
NOTE 2 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) C. Budgetary Accounting (Continued)The City legally adopts annual budgets for the Special Revenue Funds including the AirQuality Improvement Special Revenue Fund. The budgetary control for the SpecialRevenue Funds is under the department in charge. The Air Quality Improvement SpecialRevenue Fund is managed by the Public Works Agency. Monthly budgetary reports areprepared to effect control through fiscal management. The City Council approvedsupplemental appropriations during the year, but they were not considered material.Budgets are prepared on a modified accrual basis. Encumbrances (e.g., purchaseorders, contracts) outstanding at year-end are reported as restrictions of fund balancessince they do not constitute expenditures or liabilities. All other annual appropriationslapse at fiscal year-end to the extent that they have not been expended or lawfullyencumbered. During the fiscal year, the total Funds expenditures were within the legalprescribed limits as approved by the City Council.D. Deferred Inflows of ResourcesIn addition to liabilities, the balance sheet will sometimes report a separate section fordeferred inflows of resources. This separate financial statement element, deferredinflows of resources, represents an acquisition of fund balance that applies to a futureperiod and will not be recognized as an inflow of resources (revenue) until that time. TheAQMD fund has one item that qualifies for reporting in this category, which is unavailablerevenues from intergovernmental revenues and interest receivable. These amounts aredeferred and recognized as an inflow of resources in the period that the amountsbecome available.E. Fund BalanceAQMDs fund balance is reported based on the extent to which the City is bound toobserve constraints on the use of the AQMDs resources. AQMDs fund balance isclassified under restricted, which include amounts which are constrained for specificpurposes that are 1) externally imposed by creditors, grantors, contributors, or laws orregulations of other governments or 2) imposed by law through enabling legislation.AQMDs fund balance is restricted for programs initiated for the purpose of implementingthe California Clean Air Act. Information regarding the fund balance reporting policyadopted by the City is described in Note 1 to the City of Santa Anas AnnualComprehensive Financial Report.

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CITY OF SANTA ANA, CALIFORNIA AIR QUALITY IMPROVEMENT SPECIAL REVENUE FUND NOTES TO FINANCIAL STATEMENTS JUNE 30, 2022 (9)
NOTE 2 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) F. EstimatesThe preparation of financial statements in accordance with accounting principlesgenerally accepted in the United States of America requires management to makeestimates and assumptions that effect certain reported amounts and disclosures.Accordingly, actual results could differ from those estimates.NOTE 3 CASH AND INVESTMENTS AQMDs cash and investments balances are pooled with various other City funds for deposit and investment purposes. Each funds share of the pooled cash account is separately accounted for, and investment income is apportioned to the participating funds based on the relationship of their average daily balances to the total of the pooled cash and investments. Information regarding the credit risk and authorized types of deposits and investments in the Citys pooled cash and investments is included in the Citys Annual Comprehensive Financial Report. This report can be obtained from the City of Santa Ana.

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CITY OF SANTA ANA, CALIFORNIA AIR QUALITY IMPROVEMENT SPECIAL REVENUE FUND STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE BUDGET AND ACTUAL YEAR ENDED JUNE 30, 2022 (10)
Variance withFinal BudgetBudgeted Amounts PositiveOriginal Final Actual (Negative)REVENUESMotor Vehicle Fees 640,000$ 640,000$ 319,256$ (320,744)$ Investment Income 3,000 3,000 12,347 9,347 Miscellaneous 2,000 2,000 165 (1,835) Total Revenues 645,000 645,000 331,768 (313,232) EXPENDITURESDirect Program 605,180 1,712,099 350,924 1,361,175 Administrative 23,600 23,600 21,222 2,378 Total Expenditures 628,780 1,735,699 372,146 1,363,553 Excess of Revenues Over Expenditures 16,220 (1,090,699) (40,378) 1,050,321 OTHER FINANCING SOURCES (USES)Transfers Out - (1,812) (1,810) 2 CHANGES IN FUND BALANCE16,220 (1,092,511) (42,188) 1,050,323 Fund Balance - Beginning of Year 1,720,498 1,720,498 1,720,498 - FUND BALANCE - END OF YEAR1,736,718$ 627,987$ 1,678,310$ 1,050,323$

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CLA (CliftonLarsonAllen LLP) is an independent network member of CLA Global. SeeCLAglobal.com/disclaimer. (11)
INDEPENDENT AUDITORS REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH Honorable Mayor and Members City Council City of Santa Ana Santa Ana, California We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the City of Santa Ana, California (the City), including the Air Quality Improvement Special Revenue Fund (the AQMD), as of and for the year ended June 30, 2022, and the related notes to the financial statements, which collectively comprise the AQMDs basic financial statements, and have issued our report thereon dated December 28, 2022. Report on Internal Control over Financial Reporting In planning and performing our audit of the AQMD financial statements, we considered the Citys internal control over financial reporting (internal control) as it relates to the AQMD as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinion on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the Citys internal control related to the AQMD. Accordingly, we do not express an opinion on the effectiveness of the Citys internal control related to the AQMD. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entitys financial statements will not be prevented, or detected and corrected, on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses or significant deficiencies may exist that were not identified.

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Honorable Mayor and Members City Council City of Santa Ana (12)
Report on Compliance and Other Matters As part of obtaining reasonable assurance about whether the AQMDs financial statements are free from material misstatements, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, including Assembly Bill 2766 Chapter 1705 (Health and Safety Code Sections 44220 through 44247), noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards.Purpose of This Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entitys internal control or on compliance related to the AQMD. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the Citys internal control and compliance related to the AQMD. Accordingly, this communication is not suitable for any other purpose. CliftonLarsonAllen LLP Santa Ana, California December 28, 2022

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CLA (CliftonLarsonAllen LLP) is an independent network member of CLA Global. See CLAglobal.com/disclaimer .

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INDEPENDENT ACCOUNTANTS' REPORT
Honorable City Council
City of Santa Ana
Santa Ana, California
We have performed the procedures enumerated below on assisting the City of Santa Ana (the City) in determining whether the City's investment activities are in compliance with the City's Statement of Investment Policy (the Policy) and the California Government Code, §53600, et al. (the Code) for the quarter ended June 30, 2022. The City's management is responsible for the compliance with the Policy and the Code.

The City has agreed to and acknowledged that the procedures performed are appropriate to meet the intended purpose of determining whether the City's investment activities are in compliance with the City's Statement of Investment Policy (the Policy) and the California Government Code, §53600, et al. (the Code). This report may not be suitable for any other purpose. The procedures performed may not address all the items of interest to a user of this report and may not meet the needs of all users of this report and, as such, users are responsible for determining whether the procedures performed are appropriate for their purposes.

The procedures and the associated findings are as follows:

1. We obtained a copy of the City's Quarterly Investment Report for the quarter ended June 2022 and compared the investments listed in the report to the types of investments authorized by the Policy for fiscal year 2021/2022.

No exceptions were noted as a result of our performing this procedure.

2. We compared the investments listed on the City's Quarterly Investment Report for the quarter ended June 30, 2022 to the type of investments authorized by the Code.

No exceptions were noted as a result of our performing this procedure.

3. We observed the maturity dates for all investments listed on the Citys Quarterly Investment Report for the quarter ending June 30, 2022 and compared to the maturity limits stated in the Policy to determine the dates do not exceed the limits in the policy.

No exceptions were noted as a result of our performing this procedure.

EXHIBIT 6

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Honorable City Council City of Santa Ana Page 2 4. We obtained the Citys Quarterly Investment Report for the quarter ending June 30, 2022 andobserved that it contained the information/data required by the Code and met the timingrequirements of the Code, as follows:a.Included the type of investment, issuer, date of maturity, par and dollar amount investedon all securities, investments and monies held by the City.b. Included those funds under management of contracted parties (fiscal agents, trustees,etc.).c. Included market value (and source) as of the date of the report for all securities held bythe City or under management of any outside party that was not also a local agency orthe State of California Local Agency Investment Fund.d. Stated compliance of the portfolio to the Policy of the City.e.Included a statement addressing the ability of the City to meet the pools expenditurerequirements for the next six months.No exceptions were noted as a result of our performing this procedure. 5. We compared the investments listed in the Citys Quarterly Investment Report for the quarterended June 30, 2022 to the prohibited investments listed in the Code.No exceptions were noted as a result of our performing this procedure.6. We obtained and observed the date of submission of Citys Quarterly Investment Report for thequarter ended June 30, 2022 per the submission evidence documentation to determine that thedate is within 30 days following the end of the quarter.No exceptions were noted as a result of our performing this procedure.We were engaged by the City of Santa Ana to perform this agreed-upon procedures engagement and conducted our engagement in accordance with attestation standards established by the American Institute of Certified Public Accountants and the standards applicable to attestation engagements contained in Government Auditing Standards, issued by the Comptroller General of the United States. We were not engaged to and did not conduct an examination or review engagement, the objective of which would be the expression of an opinion or conclusion, respectively, on the compliance with the Policy. Accordingly, we do not express such an opinion or conclusion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you. We are required to be independent of the City of Santa Ana and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements related to our agreed-upon procedures engagement.

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City Council and management of the City of Santa Ana Page 3 This report is intended solely for the information and use of City Council and management of the City and is not intended to be, and should not be, used by anyone other than these specified parties. CliftonLarsonAllen LLP Irvine, California January 17, 2023

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CLA (CliftonLarsonAllen LLP) is an independent network member of CLA Global. See CLAglobal.com/disclaimer .

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The procedures and the associated findings are as follows:

No exceptions were noted as a result of our performing this procedure.

2. We compared the investments listed on the City's Quarterly Investment Report for the quarter ended June 30, 2022 to the type of investments authorized by the Code.

No exceptions were noted as a result of our performing this procedure.

EXHIBIT 6

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CITY OF SANTA ANA, CALIFORNIA

SCHEDULE OF MEASURE X

REVENUES AND USES/EXPENDITURES
WITH INDEPENDENT ACCOUNTANTS REPORT ON
EXAMINATION OF MANAGEMENTS ASSERTIONS
ABOUT THE CITYS COMPLIANCE WITH MEASURE X
YEAR ENDED JUNE 30, 2022
EXHIBIT 7

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CITY OF SANTA ANA, CALIFORNIA TABLE OF CONTENTS YEAR ENDED JUNE 30, 2022 INDEPENDENT ACCOUNTANTS REPORT ON EXAMINATION OF MANAGEMENTS ASSERTIONS ABOUT THE CITYS COMPLIANCE WITH MEASURE X 1SCHEDULE OF MEASURE X REVENUES AND USES/EXPENDITURES 2NOTES TO SCHEDULE OF MEASURE X REVENUES AND USES/EXPENDITURES 3

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(1)
INDEPENDENT ACCOUNTANTS REPORT ON EXAMINATION OF MANAGEMENTS ASSERTIONS ABOUT THE CITYS COMPLIANCE WITH MEASURE X Measure X Citizen Oversight Committee and Members of City Council of the City of Santa Ana Santa Ana, California We have examined management of the City of Santa Ana, Californias, (City) assertion that the accompanying schedule of Measure X revenues and uses/expenditures (Schedule) for the fiscal year ended June 30, 2022 is accurate and that the Citys uses/expenditures of Measure X funds complied with the requirements of Measure X ballot language ("the specified requirements"). The Citys management is responsible for its assertion. Our responsibility is to express an opinion on managements assertion about the Citys compliance with the specified requirements based on our examination. Our examination was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants. Those standards require that we plan and perform the examination to obtain reasonable assurance about whether managements assertion about compliance with the specified requirements is fairly stated, in all material respects. An examination involves performing procedures to obtain evidence about whether managements assertion is fairly stated, in all material respects. The nature, timing, and extent of the procedures selected depend on our judgment, including an assessment of the risks of material misstatement of managements assertion, whether due to fraud or error. We believe that the evidence we obtained is sufficient and appropriate to provide a reasonable basis for our opinion. We are required to be independent and to meet our other ethical responsibilities in accordance with relevant ethical requirements relating to the engagement. Our examination does not provide a legal determination on the Citys compliance with the specified requirements. In our opinion, managements assertion that the accompanying Schedule for the fiscal year ended June 30, 2022 is accurate and that the Citys uses/expenditures of Measure X funds complied with the requirements of Measure X ballot language, is fairly stated, in all material respects. This report is intended solely for the information and use of the Measure X Citizen Oversight Committee, City Council, and management of the City of Santa Ana and is not suitable for any other purpose. CliftonLarsonAllen LLP Irvine, California December 2, 2022 CLA (CliftonLarsonAllen LLP) is an independent network member of CLA Global. SeeCLAglobal.com/disclaimer.

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CITY OF SANTA ANA SCHEDULE OF MEASURE X REVENUES AND USES/EXPENDITURES YEAR ENDED JUNE 30, 2022 See accompanying notes to the Schedule of Measure X Revenues and Uses/Expenditures. (2) AmountMeasure X Revenue:July 2020 6,788,501$ August 2020 7,184,416 September 2020 6,896,311 October 2020 6,380,666 November 2020 6,066,076 December 2020 9,393,421 January 2021 5,969,453 February 2021 5,719,456 March 2021 8,795,649 April 2021 6,675,711 May 2021 7,103,723 June 2021 9,029,618 Total Measure X Revenue 86,003,001$ AmountMeasure X Uses/Expenditures:Maintain Effective 911 Response 7,803,546$ Retaining Firefighters 7,217,460 Retaining Police Officers 7,318,061 Addressing Homelessness 10,924,955 Fixing Streets 1,402,596 Maintaining Parks 4,509,450 Youth Services 2,210,274 Unrestricted General Revenue Purpose 22,650,165 Total Measure X Uses/Expenditures 64,036,507$

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CITY OF SANTA ANA NOTES TO SCHEDULE OF MEASURE X REVENUES AND USES/EXPENDITURES YEAR ENDED JUNE 30, 2022 (3)
NOTE 1 REVENUES AND USES/EXPENDITURES Measure X revenues consist of the 1.5 cent transactions and use (i.e., sales) tax approved by the voters of Santa Ana on November 6, 2018 and became effective April 1, 2019. Total revenue collected in fiscal year 2021-22 was $86,003,001. Measure X is a general-purpose tax, which means the revenues received from the tax go into the Citys General Fund to maintain or enhance any lawful City program, improvement, or service such as maintain effective 9-1-1 response; retaining firefighters and police officers; addressing homelessness; fixing streets; maintaining parks; and unrestricted general revenue purposes. To determine Measure X expenditures, the City performs an analysis comparing expenditures between the current year and the base year. The base year has been identified as fiscal year 2018-19, representing the year of Measure Xs passage. When completing the analysis, the City determines; (1) the amount of the increase of expenditures when compared to the base year, (2) significant contractual increases, and (3) increase in expenditures between cost centers or programs. The accompanying Schedule of Measure X Revenues and Uses/Expenditures presents the increase in expenditure by ballot category. Total Measure X uses/expenditures for fiscal year 2021-22 were $77,897,427, including amounts carried forward to fiscal year 2022-23. The largest program expense was unrestricted general revenue purposes totaling $22,650,165, which included the following: Addressing prior year deficits and employee compensation increases for non-Safety employees totaling $11.7 million o $10.2 million - deficit o $1.5 million - planned savings Santa Ana Regional Transportation Center Subsidy and Maintenance - $3.0 million Business Interruption Fund Program - $0.8 million Subsidy to Support Downtown Business Activity with Free Parking - $0.8 million Streetlight retrofit Debt Service - $0.8 million Vehicle Incentive Program - $0.7 million Other Programs (various) - $4.8 million The revenues are higher than uses/expenditures reported for the period, however management has designated the excess of approximately $22 million as an addition to reserves for the year ended June 30, 2022.

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CITY OF SANTA ANA NOTES TO SCHEDULE OF MEASURE X REVENUES AND USES/EXPENDITURES YEAR ENDED JUNE 30, 2022 (4)
NOTE 1 REVENUES AND USES/EXPENDITURES (CONTINUED) The following is a recap of the activity for fiscal year 2021-22: AmountTotal Measure X Revenue 86,003,001$ Total Measure X Uses/Expenditures 64,036,507$ Additions to Reserves 21,966,494 Subtotal 86,003,001$ Included in additions to reserves are $13,860,920 of budget carryovers for amounts that have been committed but not yet expended as of June 30, 2022.

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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 21, 2023
TOPIC: Purchase Order to Best Contracting Services, Inc. for Fire Station 72 Hose Tower and Fire Station 74 Roof Removal and Installation

AGENDA TITLE
Award a Purchase Order in the Amount of $789,567 to Best Contracting Services, Inc. for Fire Station 72 Hose Tower Roof Repair and Fire Station 74 Roof Removal and Installation (Specification No. 22-170) (General Fund)

RECOMMENDED ACTION
Authorize a one-time purchase and payment of purchase order to Best Contracting Services Inc. in the amount of $789,567, plus a contingency of $157,914, for a total amount not to exceed $947,481, for Roof Removal and Installation at Fire Station 72 Hose Tower and Fire Station 74, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
The Public Works Agency’s Building Maintenance section maintains most City facilities, including ten fire stations. After assessing the facilities, it was identified that the roofs at Fire Station 72 Hose Tower and Fire Station 74 were in poor condition and needed immediate attention. In efforts to preserve the facilities and provide a safe work environment for staff, it was determined that these locations were high-priority and a complete roof replacement is necessary at each site.

The Notice Inviting Bids was advertised on December 5, 2022 on the City’s online bid management and publication system. A summary of the bid invitations and bids received is as follows:

Vendors Notified 755
Santa Ana Vendors Notified 1
Vendors Who Downloaded the Bid 30
Bids Received 2
Bids Received from Santa Ana Vendors 0
Two bids were received and opened on December 20, 2022, and evaluated as follows:

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Fire Station 72 and 74 Roof Removal and Installation
February 21, 2023

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Vendor Location Amount
Best Contracting Services, Inc. Gardena, CA $789,567
Chapman Coast Roof Co., Inc. Fullerton, CA $875,538
The bid from Best Contracting Services, Inc. of Gardena, CA is the lowest responsive to the specifications and meets the City’s requirements. As such, staff recommends Council authorize a one-time purchase and payment to Best Contracting Services, Inc. for the Fire Station 72 Hose Tower and Fire Station 74 Roof Removal and Installation.

ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2021-34 was filed for this project.

FISCAL IMPACT
The following table summarizes the funds budgeted for expenditure to deliver construction of this project:

Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
Fiscal
Year
Accounting Unit
- Account No.
(Project No.)
Fund
Description
Accounting Unit –
Account No.

Description
Amount
2022-23 12015330-62300
(23-6626)
Fire Facilities
Fund
Fire Facilities Fund -
Contract Services-
Professional
$947,481
Total $947,481

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Public Works Agency
www.santa-ana.org/public-works
Item # 12
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 21, 2023
TOPIC: Purchase of Six Chevrolet Bolt EVs and Two Chevrolet Traverse SUVs

AGENDA TITLE
Award Purchase Order to National Auto Fleet Group for Six Chevrolet Bolt EVs and Two Chevrolet Traverse SUVs in the Amount of $275,765 (Specification No. 23-008) (General and Non-General Fund)

RECOMMENDED ACTION

1. Authorize a one-time purchase and payment to National Auto Fleet Group for six 2023 Chevrolet Bolt EVs, and two 2023 Chevrolet Traverse SUVs, in the amount of $255,765, plus a contingency of $20,000 for a total amount not to exceed $275,765, subject to non-substantive changes approved by the City Manager and City Attorney.

2. Approve an appropriation adjustment recognizing $193,589 in prior-year fund balance in the Air Quality Improvement (AB 2766) Fund, Prior Year Carry Forward revenue account and appropriate the same amount into the Fleet Services-Air Quality Improvement expenditure account for this item. (Requires five affirmative votes)

DISCUSSION
The Public Works Agency’s Parks, Fleet, and Facilities Services Division is responsible for the acquisition, maintenance, repair, and replacement of vehicles, trucks, and maintenance equipment. The Division routinely evaluates vehicles that need to be replaced on the basis of age, condition, cost, usage, safety history, and operating performance.

Adopted in 1990, California Assembly Bill 2766 (AB 2766) allows motor vehicle subvention fund recipients to replace conventionally fueled vehicles with lower emission and zero emission vehicles. In an effort to implement projects that advance the California Clean Air Act mobile source emission reduction goals, the Fleet Services Division is in the process of identifying six vehicles that have outlived its lifecycle and can be replaced with the six new 2023 Chevrolet Bolt EVs, funded by AB 2766.

The Public Works Capital Improvement Program (CIP) Engineering Division promotes, constructs, and maintains the City’s infrastructure. This team provides quality professional civil engineering and architectural design and construction services for the

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timely delivery of quality projects to optimize stewardship of the taxpayers’ investment, health, and safety. The CIP division is replacing two aging fleet vehicles for design and construction engineering staff to ensure continued operational efficiencies and to avoid downtime in the field while delivering citywide capital projects.

Santa Ana City Ordinance No. NS-2312 authorizes the City to purchase against contracts issued to vendors who have been awarded by a state agency, county, city, or other public agency after a competitive bidding process substantially equivalent to the City’s standard bidding process. Sourcewell (formerly National Joint Powers Alliance), awarded a contract to National Auto Fleet Group (No. 091521-NAF) for procurement of cars, trucks, vans, SUVs, cab chassis, & other vehicles. 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.

Additionally, the utilization of cooperative agreements has made the acquisition of fleet vehicles by the City possible while supply chain issues exist in the current market.

Furthermore, the vehicle manufacturers’ order window for fleet 2023 current year models has closed; whereas, the solicitation of bids would be an idle act as the date order windows will open again is unpredictable according to local and other dealerships that staff has contacted for outreach purposes. National Auto Fleet Group, as part of Sourcewell cooperative contract, is able to provide the City all eight vehicles without delay. Utilizing the contract awarded to National Auto Fleet Group for the procurement of the six Chevrolet Bolt EVs and two Chevrolet Traverse SUVs, allows the City to make purchases through November 8, 2025.

FISCAL IMPACT
With the approval of the requested appropriation adjustment, $193,589 will be recognized in prior year fund balance in the Air Quality Improvement (AB 2766) Fund, Prior Year Carry Forward revenue account (No. 03117002-50001) and appropriate the same amount into the Fleet Services-Air Quality Improvement, Machinery and Equipment expenditure account (No. 03117101-66400). The funds will be budgeted and available for this expenditure. Additionally, funds are budgeted in 01117017-66400 and made available for the specified year.

Fiscal
Year
Accounting
Unit
Fund
Description
Accounting Unit,
Account Description Amount
2022-23 03117101-
66400
Air Quality
Improvement
Fleet Services-Air
Quality Improvement,
Machinery & Equipment
$193,589
2022-23 01117017-
66400 General Fund
PWA-Service
Enhancement,
Machinery & Equipment
$82,176
Total $275,765

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Purchase of Six Chevrolet Bolt EVs and Two Traverse SUVs February 21, 2023

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

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Public Works Agency
www.santa-ana.org/pw
Item # 13
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 21, 2023
TOPIC: Relocation and Replacement of Fan Coil Units at the Grand Central Art Center and Santa Ana Regional Transportation Center

AGENDA TITLE
Award Purchase Orders to Acco Engineered Systems to Relocate and Replace Fan Coils at the Grand Central Art Center and the Santa Ana Regional Transportation Center (Specification No. 23-021) (General Fund)

RECOMMENDED ACTION
Authorize a one-time purchase and payment to Acco Engineered Systems for the relocation and replacement of fan coils at the Grand Central Art Center, in the amount of $745,860, plus a contingency of $54,140 and at the Santa Ana Regional Transportation Center, in the amount of $1,548,348, plus a contingency of $51,652 for a total amount not to exceed $2,400,000, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
The Public Works Agency Parks, Fleet, and Facilities Services Division oversees City facilities to ensure mechanical systems operate safely and efficiently, and meet all applicable laws and regulations. The Grand Central Art Center (GCAC) and Santa Ana Regional Transportation Center (SARTC) are two facilities that receive maintenance and repair services from the City’s Building Maintenance Division.

The GCAC is a partnership between the California State University, Fullerton (CSUF) and the City of Santa Ana. The 45,000 square-foot art center is a mixed residential, commercial, and educational complex. Apartment units at the center are made available to students accepted into the CSUF graduate arts programs. Twelve indoor fan coil units serving the 2 nd floor, south-side, apartments are recommended by City staff to be relocated and replaced with outdoor fan coil units. The GCAC’s indoor fan coil units purchased in 1997 have surpassed their usable life span and require constant repair. The relocation and replacement will provide reliability to provide better efficiency rating for energy usage, and greatly improve tenant comfort.

Similarly, City staff recommends replacing 47 fan coil units throughout the SARTC with Siemens controls to provide energy efficiency, improved accessibility of controls and monitoring, and improved tenant comfort. The existing fan coil units are original to when

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Relocation and Replacement of Fan Coil Units at the GCAC and SARTC February 21, 2023

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the building was constructed in 1983 and have surpassed its usable life span. The units require constant repair. The replacement will resolve re-zoning issues due to changes in the floor plan and provide safe conditions for SARTC tenants and City staff. The replacement of these units will improve the tenant’s area climate control to provide an overall better environment.

Santa Ana Ordinance No. NS-2312 authorizes the City to purchase against contracts issued to vendors who have been awarded by a state agency, county, city or other public agency after a competitive bidding process substantially equivalent to the City’s standard bidding process. National Cooperative Purchasing Alliance awarded a contract to ACCO Engineered Systems (No. 02-73) for HVAC Equipment, Installation, Service, & Related Products. By leveraging the procurement power through cooperative purchasing, the City of Santa Ana is able to obtain nationally vetted, high quality products and services 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
Funds are budgeted and made available in the following account for the specified year.

Fiscal
Year
Accounting
Unit
Fund
Description
Accounting Unit,
Account Description Amount
2022-23 01117017-
66200 General Fund
PWA-Service
Enhancement, Buildings
& Building Improvements
$800,000
2022-23 01117650-
66200 General Fund
SARTC Maintenance-
Service Enhancement,
Buildings & Building
Improvements
$1,600,000
Total $2,400,000
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager

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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 21, 2023
TOPIC: On-Call Playground Rubber Resurfacing

AGENDA TITLE
Approve Agreement with Robertson Industries, Inc. for Playground Rubber Resurfacing Citywide in an Amount Not to Exceed $451,205 for a One-Year Term (General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Robertson Industries, Inc. to provide playground rubber resurfacing citywide for a total base amount of $360,964, with a contingency of $90,241, for a total agreement amount not to exceed $451,205 for a one-year period beginning February 21, 2023 to February 20, 2024, subject non- substantive changes approved by the City Manager and City Attorney.

DISCUSSION
With the adoption of the City’s FY 20 22-23 budget, the City Council approved an additional $2.5 million for park maintenance. PWA is responsible for the maintenance of 32 playgrounds citywide. Over the years, there has been a need for an increased level of maintenance and repairs due to age, vandalism, and theft, in and around park areas.

Performing proper and timely maintenance extends the life cycle of the equipment, preventing safety hazards to the public and reducing the City’s liability. City staff reviewed the playground’s rubber surfacing conditions and identified six sites as priorities to replace the rubberized resurfacing in year one. In subsequent years, staff will continue to replace the rubber surfacing at other park sites.

On November 30, 2022, PWA released Request for Proposals (RFP) No. 22-100, by which it sought the services to provide playground rubber resurfacing citywide. The RFP was advertised on the City’s online procurement management and publication system.

Proposals were due on December 16, 2022 and two proposals were received and evaluated by a selection committee. Based on criteria outlined in the RFP, the following summarizes the responding firms and their ranking:

Firm City Rank
Robertson Industries, Inc. Tempe, Arizona 1
Applied Restoration, Inc. El Cajon, California 2

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Agreement with Robertson Industries, Inc.

February 21, 2023

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Staff recommends awarding an agreement to Robertson Industries, Inc. (Exhibit 1) to provide playground rubber resurfacing in Santa Ana parks based upon the scope of work and selection criteria outlined in RFP 22-100. Their proposal demonstrated the firm has the necessary capacity and expertise to complete the required services. The firm’s rates are reasonable and within industry standard and the team qualifications are appropriate for this project. The proposal was determined to provide the best value for the City.

FISCAL IMPACT
Funds are available for expenditure in the current Fiscal Year 2022-23 and will be budgeted in subsequent fiscal years, subject to City Council approval. Staff anticipates for the projects to be completed by the end of the Fiscal Year. Staff will request a budget carryover to the next fiscal year for any unspent budget necessary to complete the project.

Any unused agreement amounts may be utilized for additional projects not listed by following the established on-call services process during the FY 2022-23 and for the remaining agreement term.

EXHIBIT(S)

1. Agreement with Robertson Industries, Inc.

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

Fund
Description
Accounting Unit -
Account No.

Description
Amount
2022-23
(Feb-
June)
01117652-
62320
General
Fund
PWA - Park Service
Enhancement –
Maintenance & Repair
Buildings & Ground
$451,205
TOTAL: $451,205

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AGREEMENT WITH ROBERTSON INDUSTRIES TO PROVIDE

RUBBER RESURFACING SERVICES FOR PLAYGROUNDS AT CITY PARKS THIS AGREEMENT is made and entered into on this 21st day of February, 2023 by and between Robertson Industries, Inc. (“Contractor”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. As set forth in Request for Proposal (“RFP”) No. 22-100, issued November 30, 2022, the City desires to retain a Contractor to provide citywide rubber resurfacing for playgrounds at various Santa Ana parks.

B. Contractor represents that Contractor is able and willing to provide s uch services to the City.

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

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

1. SCOPE OF SERVICES
Contractor shall perform all services described in “ Scope of Work” that was included in RFP No. 2 2-100, which is attached hereto and fully incorporated herein by this reference as Exhibit A.

2. COMPENSATION
a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Contractor’s Fee Proposal, which is attached hereto and fully incorporated herein by this reference as Exhibit B. The total amount to be expended under the Agreement shall not exceed $451,205.00 during the term of this Agreement. This sum is comprised of (1) the base amount of $360,964.00 and (2) a 25% contingency in an amount not to exceed $ 90,241.00, exercisable at City’s sole discretion, for on -call and/or emergency services, as well as for extra work and/or repairs to be performed by Contractor.
b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Pa yment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.

EXHIBIT 1

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3. TERM

This Agreement shall commence on February 21, 2023 and end on February 20, 2024, with the option for the City to grant up to two (2), one -year extensions of the Agreement, exercisable by a writing by the City Manager and the City Attorney , unless terminated earlier in accordance with Section 16, below.

4. PREVAILING WAGES

Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and th e performance of other requirements on “public works” and “maintenance” projects. If the services being performed are part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and the total compensation is $1,0 00 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

5. INDEPENDENT CONTRACTOR

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

6. OWNERSHIP OF MATERIALS

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

Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Da ta at any time, provided that any such use not within

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the purposes intended by this Agreement shall be at City’s sole risk.

7. INSURANCE

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

a. MINIMUM SCOPE AND LIMIT OF INSURANCE

Coverage shall be at least as broad as:

i. 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. ii. 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.
iii. 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.
iv. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

b. Other Insurance Provisions

The insurance policies are to contain, or be endorsed to contain, the following provisions:

i. Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).

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ii. Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self -insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

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

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

v. Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

vi. Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

vii. Claims Made Policies
If any of the required policies provide claims-made coverage:

• The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
• Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. • 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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viii. Verification of Coverage
Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them.

The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

ix. Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

8. INDEMNIFICATION

Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent r equired by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.

9. INTELLECTUAL PROPERTY INDEMNIFICATION

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

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10. RECORDS

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

11. CONFIDENTIALITY

If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or d isclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidi ary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City.

12. CONFLICT OF INTEREST CLAUSE

Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.

13. NON-DISCRIMINATION

Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this

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Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.

14. EXCLUSIVITY AND AMENDMENT

This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.

15. ASSIGNMENT

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

16. TERMINATION

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

17. WAIVER

No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not

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similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.

18. 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.

19. PROFESSIONAL LICENSES

Contractor shall, throughout the term of this Agreement, maintain all necessary lic enses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and 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.

20. NOTICE

Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communica tion in the manner provided in this Section, to the following persons:

To City:

Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956

With courtesy copies to:

Nabil Saba, P.E.

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

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To Contractor:

A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed t o have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.

21. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall b e incorporated as if fully set forth in the body of this Agreement.

[signature page to follow]

Robertson Industries, Inc.

William Stafford
General Manager
2414 W. 12th Street, Suite 5
Tempe, Arizona 85281

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

ATTEST: CITY OF SANTA ANA

Norma Orozco Kristine Ridge
Acting Clerk of the Council City Manager

APPROVED AS TO FORM:

SONIA R. CARVALHO ROBERTSON INDUSTRIES, INC.:

City Attorney

By:

Jonathan T. Martinez
Assistant City Attorney (title)
Tax ID#

RECOMMENDED FOR APPROVAL:

________________________________
Nabil Saba, P.E.

Executive Director Public Works Agency

William Stafford
General Manager

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EXHIBIT A

SCOPE OF SERVICES

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EXHIBIT A

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EXHIBIT B

COMPENSATION
Fee Proposal including hourly rates if applicable

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City of Santa Ana On Call Rubber Resurfacing RFP 22-100 Robertson Recreational Surfaces
12/16/2022
EXHIBIT A - ADAMS PARK 2-5 Pad

ITEM NO DESCRIPTION OF WORK EST QTY UNIT UNIT PRICE

EXTENDED
AMOUNT
1 Aromatic Roll Coat 1 LS(SF) $1.87 $2,242.00
1B Additional cost for Aliphatic 1 LS(SF) $0.85 $1,021.00 2 Remove & Dispose of existing
surfacing 1 LS(SF) $5.29 $6,350.00
3 Furnish and install Rubber
Surfacing System 1200 SF $16.00 $19,200.00
4 Cushion Layer is included in
above 1200 SF $0.00 $0.00
5 Construct inner surface
aggregate base course 1 CY $0.00 $0.00
6 Construct resilient surface edge
support 1 LS $0.00 $0.00
TOTAL BID PRICE $28,813.00

EXHIBIT B - CABRILLO PARK

ITEM NO DESCRIPTION OF WORK EST QTY UNIT UNIT PRICE

EXTENDED
AMOUNT
1 Aromatic Roll Coat 1 LS(SF) $1.74 $2,782.00
1B Additional cost for Aliphatic 1 LS(SF) $0.85 $1,362.00 2 Remove & Dispose of existing
surfacing 1 LS(SF) $4.83 $7,735.00
3 Furnish and install Rubber
Surfacing System 1600 SF $16.00 $25,600.00
4 Cushion Layer is included in
above 1600 SF $0.00 $0.00
5 Construct inner surface
aggregate base course 1 CY $0.00 $0.00
6 Construct resilient surface edge
support 1 LS $0.00 $0.00
TOTAL BID PRICE $37,479.00

EXHIBIT B FEE PROPOSAL

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City of Santa Ana On Call Rubber Resurfacing RFP 22-100 Robertson Recreational Surfaces
12/16/2022

EXHIBIT C - MADISON PARK - UNAVAILABLE

ITEM NO DESCRIPTION OF WORK EST QTY UNIT UNIT PRICE

EXTENDED
AMOUNT
1 Aromatic Roll Coat 1 LS(SF) $1.81 $4,528.00
1BAdditional cost for Aliphatic 1 LS(SF) $0.85 $2,127.00 2 Remove & Dispose of existing
surfacing 1 LS(SF) $3.80 $9,495.00
3 Furnish and install Rubber
Surfacing System 2500 SF $16.00 $40,000.00
4 Cushion Layer is included in
above 2500 SF $0.00 $0.00
5 Construct inner surface
aggregate base course 1 CY $0.00 $0.00
6 Construct resilient surface edge
support 1 LS $0.00 $0.00
TOTAL BID PRICE $56,150.00
EXHIBIT D - MORRISON PARK - 2 Pads = 2860 SF

ITEM NO DESCRIPTION OF WORK EST QTY UNIT UNIT PRICE

EXTENDED
AMOUNT
1 Aromatic Roll Coat 1 LS(SF) $1.69 $4,844.00
1BAdditional cost for Aliphatic 1 LS(SF) $0.85 $2,434.00 2 Remove & Dispose of existing
surfacing 1 LS(SF) $3.84 $10,990.00
3 Furnish and install Rubber
Surfacing System 2860 SF $16.00 $45,760.00
4 Cushion Layer is included in
above 2860 SF $0.00 $0.00
5 Construct inner surface
aggregate base course 1 CY $0.00 $0.00
6 Construct resilient surface edge
support 1 LS $0.00 $0.00
TOTAL BID PRICE $64,028.00

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City of Santa Ana On Call Rubber Resurfacing RFP 22-100 Robertson Recreational Surfaces
12/16/2022
EXHIBIT E - SANTIGO PARK - Actual SF = 5750

ITEM NO DESCRIPTION OF WORK EST QTY UNIT UNIT PRICE

EXTENDED
AMOUNT
1 Aromatic Roll Coat 1 LS(SF) $1.61 $9,283.00
1BAdditional cost for Aliphatic 1 LS(SF) $0.85 $4,893.00 2 Remove & Dispose of existing
surfacing 1 LS(SF) $2.81 $16,155.00
3 Furnish and install Rubber
Surfacing System 5750 SF $16.00 $92,000.00
4 Cushion Layer is included in
above 5750 SF $0.00 $0.00
5 Construct inner surface
aggregate base course 1 CY $0.00 $0.00
6 Construct resilient surface edge
support 1 LS $0.00 $898.00
TOTAL BID PRICE $123,229.00
EXHIBIT F - THORNTON PARK - Green Hill Pad Ony

ITEM NO DESCRIPTION OF WORK EST QTY UNIT UNIT PRICE

EXTENDED
AMOUNT
1 Aromatic Roll Coat 1 LS(SF) $1.95 $4,283.00
1BAdditional cost for Aliphatic 1 LS(SF) $0.85 $1,872.00 2 Remove & Dispose of existing
surfacing 1 LS(SF) $4.50 $9,910.00
3 Furnish and install Rubber
Surfacing System 2200 SF $16.00 $35,200.00
4 Cushion Layer is included in
above 2200 SF $0.00 $0.00
5 Construct inner surface
aggregate base course 1 CY $0.00 $0.00
6 Construct resilient surface edge
support 1 LS $0.00 $0.00
TOTAL BID PRICE $51,265.00

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Public Works Agency
www.santa-ana.org/public-works
Item # 15
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 21, 2023
TOPIC: Lake Management Services

AGENDA TITLE
Approve an Agreement with Diversified Waterscape, Inc. for Lake Management Services at City Sites for a Five-Year Term for an Annual Amount Not to Exceed $177,572, for a Total of $887,860 (General Fund).

RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Diversified Waterscapes, Inc. to provide scheduled maintenance duties in an annual amount of $127,572, with an annual contingency of $50,000, for a total agreement amount not to exceed $887,860 for a three-year period beginning February 21, 2023 and ending on February 20, 2026, with an option for two one-year extensions, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
The Public Works Agency is in need of a contractor to assist staff by performing preventive maintenance at Centennial Park Lake and Thornton Park Lake to provide high quality of service for a healthy aquatic environment and attractive community amenities.

On October 26, 2022, the Public Works Agency issued a Request for Proposals (RFP) No. 22-093, by which it sought the services of qualified contractors to provide continuous lake maintenance to preserve city lakes safely, healthily, and functioning optimally.

The RFP was advertised on the City’s online bid management and publication system, with bids due on November 9, 2022. Two proposals were received and evaluated by a selection committee based on criteria as outlined in the RFP. Listed below are the responding contractors and their ranking:

Rank Firm Average
Score
Location
1 Diversified Waterscapes, Inc. 92 Laguna Niguel, CA
2 Solitude Lake Management 78 Anaheim, CA

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Lake Management Services
February 21, 2023

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In accordance with the RFP, staff recommends awarding a contract to Diversified Waterscapes, Inc. (Exhibit 1) The proposals contained a clear path toward achieving City goals and objectives as required by the RFP.

FISCAL IMPACT
Funds are available for expenditure in the current Fiscal Year 2022-23 and will be budgeted in subsequent fiscal years, subject to City Council approval. Staff will request a budget carryover to the next fiscal year for any unspent budget necessary to complete the project.

Fiscal
Year
Accounting
Unit-Account
#
Fund
Description
Accounting Unit,
Account Description
Amount
FY 22-23
Feb-June
01117651-
62320
General
Fund
Park Maintenance
Service Enhancement -
Maintenance & Repair
Buildings & Ground
$73,988
FY 23-24 01117651-
62320
General
Fund
Park Maintenance
Service Enhancement -
Maintenance & Repair
Buildings & Ground
$177,572
FY 24-25 01117651-
62320
General
Fund
Park Maintenance
Service Enhancement -
Maintenance & Repair
Buildings & Ground
$177,572
FY 25-26 01117651-
62320
General
Fund
Park Maintenance
Service Enhancement -
Maintenance & Repair
Buildings & Ground
$177,572
FY 26-27 01117651-
62320
General
Fund
Park Maintenance
Service Enhancement -
Maintenance & Repair
Buildings & Ground
$177,572
FY 27-28
July-Jan
01117651-
62320
General
Fund
Park Maintenance
Service Enhancement -
Maintenance & Repair
Buildings & Ground
$103,584
TOTAL $887,860

EXHIBIT(S)

1. Agreement with Diversified Waterscapes, Inc.

Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency

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Lake Management Services
February 21, 2023

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Approved By: Kristine Ridge, City Manager

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3 2/21/2023

EXHIBIT 1

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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 21, 2023
TOPIC: Pool Maintenance Services
AGENDA TITLE:

Approve an Agreement with Service 1st for Pool Maintenance Services at Five City Pools for a Three-Year Term for an Annual Amount not to Exceed $248,135, Including an Annual Contingency of $50,000, for a Total Agreement Amount of $1,240,675 (General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Service 1st to provide scheduled maintenance duties in an annual amount of $248,135, including an annual contingency of $50,000, for a total agreement amount not to exceed $1,240,675 for a three-year period beginning February 21, 2023 and ending on February 20, 2026, with an option for two, one-year extensions, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
The Public Works Agency (PWA) is in need of a qualified contractor to provide an exceptional quality of service for pool maintenance and repairs at five city pools. The pools are El Salvador Pool, Jerome Pool, Memorial Pool, Salgado Pool (located at Rosita Park), and Santa Anita Pool. The Parks General Maintenance section is responsible for maintaining the City’s aquatic centers and water features. Due to heavy use of the aquatic facilities and deferred preventive maintenance over the last several years, the facilities are in constant need of equipment repairs and replacement. After evaluating the status of all city pools, in collaboration with the Parks and Recreation staff, PWA determined the need of a contractor to address routine equipment maintenance, water treatment, and emergency repairs. Specialized knowledge and professional upkeep are essential for safe and sanitary conditions for our swimming pools.

On November 30, 2022, PWA issued Request for Proposals (RFP) No. 22-167 by which it sought the services of qualified contractors to provide continuous pool maintenance to preserve five city pools. The RFP was advertised on the City’s online bid management and publication system, with bids due on December 14, 2022. Three proposals were

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Pool Maintenance Services
February 21, 2023

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5 4
received and evaluated by a selection committee based on criteria as outlined in the RFP. Listed below are the responding contractors and their ranking:

Rank Firm Average Score Location
1 Service 1st 91 Santa Ana, CA
2 1st Choice Pool & Spa 74 Lake Forest, CA
3 USA Pools 65 Los Angeles, CA
In accordance with the RFP, staff recommends awarding a contract to Service 1st (Exhibit 1). The proposals contained a clear path toward achieving City goals and objectives as required by the RFP.

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

Fiscal
Year
Accounting
Unit-Account #
Fund
Description
Accounting Unit,
Account Description
Amount
FY 22-23
Feb-June
01117651-
62320
General Fund Park Maintenance Service
Enhancement -Maintenance
& Repair Buildings & Ground
$103,084
FY 23-24 01117651-
62320
General Fund Park Maintenance Service
Enhancement -Maintenance
& Repair Buildings & Ground
$248,135
FY 24-25 01117651-
62320
General Fund Park Maintenance Service
Enhancement -Maintenance
& Repair Buildings & Ground
$248,135
FY 25-26 01117651-
62320
General Fund Park Maintenance Service
Enhancement -Maintenance
& Repair Buildings & Ground
$248,135
FY 26-27 01117651-
62320
General Fund Park Maintenance Service
Enhancement -Maintenance
& Repair Buildings & Ground
$248,135
FY 27-28
July-Jan
01117651-
62320
General Fund Park Maintenance Service
Enhancement -Maintenance
& Repair Buildings & Ground
$145,051
TOTAL 1,240,675

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Pool Maintenance Services
February 21, 2023

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EXHIBIT(S)

1. Agreement with Service 1st
Submitted By: Nabil Saba, Executive Director of Public Works Approved By: Kristine Ridge, City Manager

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16 –
3 2/21/2023

AGREEMENT WITH SERVICE FIRST TO PROVIDE

MAINTENANCE SERVICES FOR CITY POOL SITES
THIS AGREEMENT is made and entered into on this 21't day of February, 2023 by and between Service First ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City").

RBCITALS
A. As set forth in Request for Proposal ("RFP") No.22-167 , tlie City desires to retain a Consultant liaving special skill and knowledge in the field of qualified and comprehensive pool maintenance for five (5) of the City's pool sites.

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

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

NOW THEREFORE, in consideration ofthe mutual and respective promises, and subject to the tenns and conditions hereinafter set fofth, the parties agree as follows:

1. SCOPE OF SERVICES
Consultant shall perform all services described in "scope of Work" that was included in RFP No.22-167, which is attached hereto and fully incorporated herein by this reference as Exhibit A.

2. COMPENSATION
City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Consultant's "Fee Proposal", which is attached hereto and fully incorporated herein by this reference as Exhibit B. The total amount to be expended under this Agreement shall not exceed $1,240,675.00 during the term of this Agreement, including any extension periods. This sum is comprised of (1) the base annual amount of $198,135.00 and (2) an annual contingency in an amount not to exceed $50,000.00, exercisable at City's sole discretion, for on-call and/or emergency services, as well as for extra work and/or repairs to be performed by Consultant.

Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by Crty.

3. TERM
a,
b.

This Agreement
February 20,2026 with
Agreement, exercisable
#254137v2
shall commence on February 27,2023 for a three (3) year term ending on the option for the City to grant up to two (2), one-year extensions of the by a writing by the City Manager and the City Attorney, unless terminated

Page 1 ends

EXHIBIT 1

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earlier in accordance with Section 16, below.

4. PREVAILING WAGES
Consultant is aware of the requirernents of California Labor Code Section 7720, et seq,, and lJJ0, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requitetnents on "public works" and 'llaintenallce" projects. If the services being perforrned are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully cornply with such Prevailing Wage Laws. Consultant shall defend, indemnifu and hold the City, its elected officials, officers, employees and agents fi"ee and hannless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

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

6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modifi, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data atany time, provided that any such use not within the purposes intended by this Agreement shall be at city's sole risk. 7, INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Minimum Scope and Limit of Insurance

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covoring CGL on an o'oecurrence" basis, including products and completed #254137v2

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operations, propefiy damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurence. If a general aggregate limit applies, eitherthe general aggregatelimit shall apply separatelyto 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 0l covering any auto (Code l), or if Consultant has no o'urned autos, hired, (Code 8) and non-owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage.

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

If Consultant is or employs a licensed professional such as an architect or engineer:

Professional liability (errors and omissions) insurance, with a combined single limit of not less than $2,000,000 per claim with $2,000,000 in the aggregate.

If the Consultant maintains broader coverage and/or higher limits than the minimums shown above. the Cilv requires and shall be entitled to the broader coveraee and/or the hieher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Citv. b. Other Insurance Provisions

1. Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 381' and CG 2037 if a later edition is used).

Primary Coverage: For any claims related to this contract, the Consultant's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.

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

Waiver of Subrogation: Consultant hereby grants to City a waiver of any right to subrogation that any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiverof subrogation, but this

2. J.

4. 2.

4. #254137v2

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5. 6.

7. provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions: Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.

Claims Made Policies (applicable only to professional liability):
i. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
ii. Insurance must be maintained and evidence of insurance must be provided for at leastJive (5) years after completion of the contract of work. iii. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retrodctive Date prior to the contract eflective date, the Consultant must purchase "extended reporting" coverage for a minimm offive (5) years after completion of work.

Verification of Coverage: Consultant shall furnish the City with original certificates of Insurance including all required amendatory endorsements (or copies ofthe applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them.

The City reseryes 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 veri$r that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors.

Special Risks or Circumstances: City reserves the right to modifr these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances.

8. 9.

10. #254137v2

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8. INDEMNIT'ICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (l) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations ofthe Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason ofthe events referred to in this Section or by reason ofthe terms of, or effects, arising from this Agreement. The Consultant further agrees to indemni$, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section2782.8,the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.

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

10. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consttltant under this Agreement. A11 such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursnant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.

11. CONFIDENTIALITY
If Consultant receives from the City information r,vhich due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its olvn information of like importance, but in no #254137v2

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event less than reasonable care. "Confidential Information" shall include all nonpublic information.

Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential inforrnation disclosed to either party by any strbsidiary andlor agent of the other parly is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to infonnation disclosed by the City.

12. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any rnanller with perforrlance of services specified under this Agreement.

13. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientatiou, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement.

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

14. EXCLUSryITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the tenns of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be rnodifiecl except by written instrument signed by the City and by an authorized representative of Consultant. The parlies agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises o. ug.ee*.nts, orally or otherwise, have been rnade by any pafty, or anyone acting on behalf of any pafty, which is not embodied herein.

15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract arry interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. #254137v2

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16, TERMINATION
This Agreernent may be terminated by the City upon thirly (30) days written notice of tennination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such paynent, the Executive Director may require Consultant to deliver to the City all work product(s) cornpleted as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such pulposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.

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

18. JURISDICTION - VENUE
This Agreernent 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 Cortnty, 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.

19. PROFESSIONAL LICENSES
Consultant shall, throughor.rt the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provisiorr of the services hereunder and reqr"rired by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall noti$z the City irnmediately 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.

20. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreernent shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or cerlified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:
#254137v2

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To City:

Clerk of the City Council
City of Santa Ana
20 Civic Center plaza (M_30)
P.O. Box 1988
Santa Ana, CA 92702-1ggg
Fax:714- 647_6956
With courtesy copies to:

Nabil Saba, p.E.

Executive Director, public Works Agency
City of Santa Ana
20 Civic Cenrer plaza (M_21)
P.O. Box 19Bg
Santa Ana, California 92702
Fax: (714) 647_5635
To Consultant:

Mark Bucher
Secretary
Service First
2510 N. Grand Ave., #110
Santa Ana, Califomia 92705
A party may change its adclress bv giving notice in writing to the other party. Thereafter, anycommunication shall be addressed and transrnittJd to tt . ,"* ,a,tress. If sent by rnail, communicationshall be effective or cleemed to have u".n gir", ,hr." iiJ;;yrl?", it has been deposited i, the UnitedStates mail' duly registergd or certified, wi?h postage p;;prtd, il addressecl u, ."i fo.th above. If sentby fax' commttnication shall be effective o. a""*.aio iruu" u."n gir"n twenty-four (24) hours aftertlie time set forlh on the transmission repoft issued by the t.unr*ittirg facsimile *u.hin", adclessed f#ffiil:;ll,lj, ffiXjl?r,J"iiorcarcurating
these iir" r,u,,.,, wee-kends, r.a".ui,-,tute, counry or

21. MISCELLANEOUS PROVISIONS
a' Each undersigned represents and warrants that its signature herein below has the power,authority and right to bincl their. respective parties to each of the terms of thisAgreement, a,d shall inclemniS, City fulty, in"i,.,Oing reasonable "ori, una atto,rey,sfees' for any injuries or damages to city ln the .u"ni thut such authority or power isnot, in fact, held by the signatory or is withdrawn. b' All Exhibits referenced herein and attachecl hereto shall be incorporated as if fully setforth in the body of this Agreement. #254137v2
[signature page to follow]

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IN WITNESS
abovc written.

ATTEST:

Norma Orozco
Acting CIerl< of the Council
APPROVED AS TO FORM:

SONIA R. CARVALHO
City Attomey
Assrstant city Attorney
RECOMMENDED FOR APPROVAL:

Nabil Saba, P.E.

Exccutive Director public Works Agency
,HERE.F, the parties hcreto have executccl this Agrc,nent the crate and ycar frrst

CITY OF SANTA ANA
Kristine Ridge
City Manager
SERVICE FIRST:
#254137v2 Page 9 of9

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E)GIIBIT A

SCOPE OF SERVICES

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E,XHIBIT A
Appendix
ATTACHMENT 1: SCOPE OF WORK

SCOPE OF WORK
l. General
The basic service obligations of the contractor shall include, but not be limited to, the following:
. Vacuum pool
. Clean pool tiles, pump strainers, and basket strainers . Brush poolplaster
. Clean back-wash filters
' Test pool water chemistry (i.e. chlorino, pH, alkalinity, calcium hardness, etc.) . Maintain water levels (i.e. fill andlor drain)
. Pool start up
. Chemical treatrnent
. Clean pool deck and pump room
. Pool eqr"ripment inspection
. Testing/replacement of pool lamps

2. Locations
PARK/POOL SITE ADDRESS SIZE (in gallons)
El Salvador Park
. El Salvador Pool
1825 W. Civic CenterDrive
Santa Ana, CA92703
99,000
Jerome Park
o Jerome Pool
726 S. Center Street
Santa Ana, CA92704
249,907
Memorial Park
o Memorial Pool
2102 S. Flower Street
SantaAna, CA92707
600,000
Rosita Park
r Salgado Pool
706 N. Newhope Street
Santa Ana, CA92703
88,594
Santa Anita Park
o Santa Anita Pool
300 S. Figueroa Street
Santa Ana, CA92704
103,500
Hours of Operation
'The Contractor shall accomplish all maintenance required under this RFP before 3:00 p.m.

During the swim season (May I - September 15) maintenance shall be reqr,rired five days a week (Monday through Friday) for all pools. Dr"rring the off season (September 16 - April 30) maintenance shall be required three days a week (Monday, Wednesday and Friday) for all pools.

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4. On-cal1 services during the weekend (Saturday and Sunday) for bio-hazard incidents and other chemical issues will be provided throughout the entire calendar year (January - December) will be at the contractor's expense.

Water Treatment Chemicals
' Contractor will be responsible for supplying all chemicals needed to maintain proper water balance. To the extent possible, chemicals shall be supplied in liquid bulk forrn and stored in the eqr"riprnent tanks on site.
. The following chemicals shall be used:
. Acid: 31.44% hydrochloric acid
. Chlorine: 12.5% sodium hypochlorite
. Calcium Chloride: powder form (optional)
. Sodium Hydroxide: caustic soda 50%
. Sodium Bicarbonate
Safety Data Sheets (SDS) must be kept at each pool site and be available for inspection at all times throughout the term of the contract. Personal Protection Equipment (PPE) shall be worn while handling chemicals pursuant to the manufacturer's specifications. Cyanuric acid may be used at the pools; however, levels shall remain between 10 - 15 ppm.

The Contractor shall submit a list of all chemicals and quantities that will be stored at each pool site to the Parks Superintendent upon request. No more than a two (2) weeks supply of chemicals will be allowed at any pool site at any given time, unless otherwise authorized by the Parks Superintendent.

Water Balance
Chemicals should be balanced thror.rgh our BECSys5 water chemistry controller. Contractor shall be responsible for proper calibration of equipment in order to ensure proper water chemistry balance. Water chemistry shall be maintained within the following parameters:
. pH level betr,veen 7.2 - 7.8;
. Alkalinity level between B0 - 120 ppur;
. Calcium hardness level between 200 - 400 ppm
. Chlorine level betr,veen 1.5 - 5.0 ppm; and
. Total dissolved solids level between 300 - 2,300 ppm.

6. Equipment
Contractor shall be responsible for maintaining all pool equipment in proper working order at all times. Contractor will be responsible for all minor equipment repairs, including but not limited to, replacement and/or cleaning of PVC fittings, foot valves, self-priming valves, and chemical feed lines. Contractor shall perform pool light inspections to ensure the fixturres are secured

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properly to the wall and the lights are operational. Re-securing fixtures to pool walls and replacing lamps shall be con,pleted by the Contractor at the Contractor's sole cost. Replacement of fixtures will be considered by the City as extra work.

7. Pool Start Up
Contractor shall be required to test domestic water supply and make appropriate chemical adjustments (i.e. sequestering agents) in order to ensure proper water chemistry balance.

8. Trained Personal
Contractor shall provide personnel fr-rlly trained in all phases of swimming pool maintenance, including water chemical treatment, controller programming (BECSys5 water chemistry controller) and chemical pump calibration. All Supervisors shall be Certified Pool Operators and/or Aquatics Facilities Operators. Proof of certifieation shall be provided to City upon request.

9. Reports
Daily and monthly reports shall be maintained at each pool site. The daily repoft shall include chemical analysis of the pool (controller and manual), filter readings, and flow readings. The monthly report shall inclr.rde a complete chemical analysis of the pool (free chlorine, combined chlorine and total chlorine), pump room equipment inspection, pool deck equipment inspection, and a list of allminor maintenance repairs. Allreports shall be in a form acceptable to the Parks Superintendent.

10. Revised Schedule
After start of the Work, the Contractor shall submit revised pool maintenance schedules not later than the lst day of each month thereafter until completion of the Contract. The revised schedules should show any significant changes in activities since submission of the previous schedule with revised projections of progress and upcoming seasonal periodic work. 1 1. Contractor Staff/ Employees & Workers
'The Contractor shall provide sufficient personnelto perform all Work in accordance with this RFP. At no time, will the Contractor allow its crew to be diminished in size or labor hours so as to not effectively complete the assigned maintenance tasks.

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. A qualified foreman in the employ of the Contractor shall supervise allof the Contractor's maintenance personnel. At least one (l) member of each crew r,vorking at each site shall be able to communicate both orally and in writing and a crew shall consist of no less than two (2) employees.
. Contractor shall require employees to wear a uniform identifying them as an employee of the Contractor while working in the City. This shall include proper work shoes and uniform clothing with a name badge and photo ID.
' Ifany person ernployed by the Contractor or any subcontractor shall fail or refuse to carry out the directions of the Parks Superintendent, or is in the opinion of the Parks Superintendent, intemperate, or disorderly; or uses threatening or abusive language to any person on the work site; or is otherwise unsatisfactory, he/she shall be discharged from the project immediately, and shall not again be employed on the work except with the written consent of the Parks Superintendent.
'Employees shall be properly trained for the handling and use of chemicals and BECSys5 water chemistry controller.

12. Work Schedule
'The Contractor shall accomplish all maintenance required under this RFP before 3:00 p.m. on a daily basis. During the swim season (May I - September 15) maintenance shall be required five days a week (Monday through Friday) for all pools. During the off season (September 16 - April 30) maintenance shall be required three days a week (Monday, Wednesday and Friday) for all pools. Schedules shall be provided to the City accompanied by all chemical SDS sheets. ' Exceptions may be rnade to normal work hours where incidence of use may be too great during the specified hours to allow for proper maintenance. The City may grant, on an individual basis, permission to perform maintenance at other hours. No maintenance functions that generate excessive noise shall be commenced before 7:00 a.m.
'The City shall have the authority to suspend the work, wholly or in part, for such a period as may be deemed necessary due to renovation or construction, or to such other conditions as are considered unfavorable for the suitable prosecution of the Work. ' Within 48 hours after the Notice to Proceed has been given, and prior to the start of any Work, the Contractor shall submit to the Parks Superintendent for approval three (3) copies of its proposed monthly schedule with sr"rb-schedules of periodic activities. If the Parks Superintendent notifies the Contractor that the schedule is unacceptable, the Contractor shall submit a revised schedule within five (5) working days thereafter.
' The schedules shall be in a form acceptable to the Parks Sr.rperintendent. ' The schedule shall also contain a list of all applicable tasks inch-rding the time and location of the task, and the labor force used to complete the task.

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13. Material
. Facilities will be available for storage of equripment at each pool site for use in conneetion with the performance of the r,vork. However, the City will not be responsible for any lost, stolen or darnaged equipment.
. The Contractor shall be responsible for materials and facilities as hereinafter provided and in the event of its failure to carry out said responsibilities, the same may be carried out by the City at the expense ofthe Contractor:
'The Contractor shall be responsible for any materials, equipment and/or supplies so furnished and for the care of all work r,rntil its completion and final acceptance. Contractor shall at its own expense replace damaged or lost materials ar-rcl repair darnaged parts of the Work. 'The Contractor shall protect City facilities from damage resulting from its Work. City facilities damaged by, or as a result of, the Contractor's work under this Contract shall be repaired or replaced, as directed by the Parks Superintendent, at the Contractor's expense. 'The Contractor shall remove from the vicinity of the cornpleted Work all rubbish, unused material, and other materials belonging or used under its direction during work. 'All damages that, in the City's opinion, are due to the Contractor's operatiorrs shall be repaired at the Contractor's expense.

14. Vehicle Limitations
' The Contractor shall at no time drive vehicles on turf for any reason without prior written authorization from the Parks Superintendent. Contractor shall be limited to pool access using defi ned maintenance paths.

15. Traffic Control. Pr-rblic Convenience and Safet),
' The Contractor shall conduct its operations so as to offer the least possible obstruction ancl inconvenience to the public, and shall have underway, no greater length or amount of work than can be prosecuted properly with due regard to the rights of the public. Contractor shall also be required to provide signs for public information when applying chemicals.

16. Signage
' Contractor shall display a sign indicating Contractor's name and license number on both sides of all maintenance vehicles. Said sign shall be approved by the City.

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. Contractor shall not post advertising signs and banners within the Maintained Areas. All signs used by the Contractor shall be kept "Graffiti Free" at all tirnes. ' Contractor shall post signs at all locations as required by the Depaftment of Environmental Health notifying the public of potential exposures. Signs shall be provided by the Contractor at the Contractor's cost.

17. Reports
'Daily and monthly reports shall be maintained at each pool site. The daily repoft shall include chemical analysis of the pool (controller and manual), filter readings, and flow readings. The monthly report shall include a complete chemical analysis of the pool (free chlorine, combined chlorine and total chlorine), plrmp room equipment inspection, pool deck equipment inspection, and a list of allrninor maintenance repairs. Allreports shall be in a form acceptable to the Parks Superintendent.

18. Performance of Work
' Contractor shall, at its own cost and expense, fr-rrnish all necessary materials, supplies, labor, chemicals, transpoftation, and equipment for doing and performing work required under this RFP.
' Contractor agrees that all services performed hereunder shall be provided in a manner commensllrate r,vith the highest professional standards and shall be performed by qualified and experienced personnel; that any work performed by Contractor under the Contract will be performed in the best manner; that any rnaterial furnished shall be subject to the approval of the Parks Superintendent; and that both work and materials will meet fully the requirements of this RFP.

19. Permits & Licenses
'Where requirements of the permits differ from those listed herein, the more stringent requirement shall apply. The Contractor shall obtain all permits required by other agencies of the State and County as well as the City of Santa Ana. All permits and licenses shall be obtained by and at the expense ofthe Contractor and/or subcontractors.

20. Emergency Work
' In case of an emergency that threatens loss or injury of property , andlor safety of life, the Contractor shall act, without previous instructions from the City, as the situation may warrant.

Contractor shall notify the City of the emergency and the action taken immediately thereafter.

Any compensation claimed by the Contractor, together with substantiating documents in regard

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to expense, shall be subrnitted to the Parks Superintenderit within 15 calendar days after the emergency. Compensation, if allowed, will be paid for as Extra Work. . If such emergency arises out of or is the result of operations by the Contractor, the cost of the corrective measllres will be billed to the Contractor and deducted from Contractor's payment as provided in the Contract Documents. The perfonnance of emergency work by City forces will not relieve the Contractor of any of its responsibilities, obligations, or liabilities under the Contract.

21. Protection of Property
' All public and private property or improvements shall be safely guarded from damage or loss in connection with this Contract by the Contractor at all times. Should any facility, structLlre, or property be damaged during operations of the Contractor, it shall immediately notify the proper owners or authorities. The Contractor shall pay all darnages and losses incurred.

22. Laws and Regulations
'The Contractor shall obey all laws, ordinances, and regulations affecting those engaged or employed on the work, or the materials used in the Work, or in any way affecting the performance of the Work, and of alI orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. lf any discrepancy or inconsistency is discovered in the Contract Documents, or in this RFP, in relation to any such lar,v, ordinance, regulation, order, or decree, Contractor shall immediately report the same in writing to the Parks Superintendent. ' Contractor shall, at all times, cause all its agents and employees to observe and comply with all such applicable laws, ordinances, regulations, orders, and decrees in effect or which may become effective before completion of the Contract.
' Nothing in this RFP is to be constrr"red to permit work not confonning with any current laws, ordinances, andlor regulations. If the Contractor ascertains at any time that any requirement of the Contract varies from such applicable law, ordinance and/or regulation, it shall promptly notify the Parks Superintendent.
' No adjustments in the contract price shall be made due to changes in any law, ordinance and/or regulation occurring after submission of Proposals. Proposer shall incorporate said risk in its Proposal.
'The Contractor, at its own expense, shall pay all taxes properly assessed against its equipment, materials, or property used or required in connection with the Work. Contractor shall be required to comply with all "NPDES" rules, regulations and Best Management Practices related to the Work.

23. Commencement of Work/ Notice to Proceed

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'Unless otherwise specified, the contract time shall commence upon the date of issuance of thecity's written Notice to Proceed' rtre co,trarto. rrrurl .o*rlence wor.k within l5 days thereafteror on the date stipulated in the Notice to proceed. 'The Notice to Proceed will not be issr-red until the contract is properly executecl, and allrequired bonds and insurance certificates have been submitted and approved.

24. Suspension of Work
Climatic Conditions:
' The Parks superintendent may suspend tlie work whenever weather conditions or conditionsresulting from inclement weather a.e r-rnfavorrbl" fb;;il!.ore.rtion of the w".k. The delay ::ffij*l ffih
suspension may entitle the contractor to an* extension of tirne but not to any other 'No extension of time will be granted for suspension of work unless the suspension affects thetimely completion of all workirncler ih. cortiurt or the timely completion of a portion of thework for which a time .of completion is specified. Determination that the suspension forinclement weather conditions o. "onaition, ..srtti.,g f--'in"t.r.rt weather'a-ffects timelycompletion and entitles the contractor to an extension of time shall be n,ua. urJ ugreed to inwriting by the Parks Superintendent and the contru.lo. on^.u.r, day that work is suspended.

Safety Hazard
#Trtsif,superintendent
may suspend operations if he/she determines thar an imminent safety

25. Changes Initiated by The City
' In the event City desires to add additional sites, these additions shall be made at the rates listedin Contractor's Compensation Schedule.

26. Change Orders
' Prior to issuing an approved Change Order, the Parks Superintendent may request that thecontractor submit a_proposal covering the changes. The request shall inciude a description of theproposed changes._Within three (3) days after receiving the request, the Contractor shall submitits proposal to the Parks Superintenclent, including any"clairn for extension of time, and any and

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all compensation that may be necessary as a result of perforrning the changes. If the Parks Superintendent decides not to issue a Change Order after requesting a proposal frorn the Contractor, the Contractor shallbe notified of such decision in writing.

27. City Inspection
The Parks Superintendent shall regularly inspect the pools and all other City property subject to this Ageement. If said inspection results in discovery of work that is not performed in the manner, and to the professional degree set forth in the Speciflcations, The Contractor agrees that the City shall; 1) withhold from Contractor' s next monthly payment, the City' s actual or estimated cost of performing the work; or, 2) hire a contractor or City staff to perform the work not performed and then withhold from the Contractor' s next monthly payment the City' s actual cost for performing the work to bring the property into conformance with the specifications.

Additionally, City shall impose liquidated damages of up to $ 300.00 per inspection, per park, per item specified herein not performed, per day not meeting the specifications during any such inspection.

Furthermore, it is not the Parks Superintendent responsibility to inform the Contractor when work specified in the specifications was not performed or that deficiencies exist. It is the Parks Superintendent responsibility to inspect the properties to verify that work was performed to the specified level of quality and time frame followed by reporting that the work was performed satisfactorily or not. It is the Contractor' s responsibility to provide adequate supervision and staffing to visit each site daily and prepare schedules for the appropriate level of staff, equipment and materials to perform all aspects specified in this agreement. Should the Parks Superintendent create PowerPoint punch lists, essentially performing the Contractor' s Supervisor' s responsibilities/duties of determine what work needs to be performed in accordance with the agreement specifications, the City shall deduct $300 per Power Point punch list from the Contractor' s monthly invoice.

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EXHIBIT B

COMPENSATION
Fee Proposal inclucling hourly rates if applicable

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EXHIBIT B
FEE PROPOSAL, including hourly rates
The above-named Proposer having examined the proposed contract Documents and havingvisited the sites and examin.Jd;".#iiirrr"rra;ffi; w;.i; hereby proposes urJ ugr.", tofurnish all labor materials,.sr,ilI;il:;,ripment, and to perrorm operations necessary tocomplete the work u"'q'ii'"i[;r#:i.."",rriiii".uffi;:pricing sha, be incrusive oflabor' rnateriar' traver time, ,atesii. i#5.r") and a, other expenses. swrMMrNC poot,

MAINTENANCE

SERVICES
swrM srasof-MONTHLY PRIgE
(MaYt-Septernber36;
FrsraSorvnaoffif
PRICE
(OctoberI -Aprit30)
\riioP$
$
Santa aniia pool
ADDITIONAL / suBTnadfrNc rrrLr,rs
Certified Scuba Diver, per hour ,l oO,
Emergency Services, per hour (ob
Additional Labor, per person per hour
110
Additional Supervisor, per person per hour t lt s*

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Public Works Agency
www.santa-ana.org/public-works
Item # 17
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 21, 2023
TOPIC: Newport Bay Watershed Cooperative Agreement

AGENDA TITLE
Approve Cooperative Agreement to Fund Total Maximum Daily Load Programs and Related Activities in the Newport Bay Watershed

RECOMMENDED ACTION
Authorize the City Manager to execute Cooperative Agreement No. MA-080-23010376 with the County of Orange and other Newport Bay Watershed dischargers to fund Total Maximum Daily Load programs and related activities in the Newport Bay Watershed for a five-year term beginning July 1, 2023 and expiring June 30, 2028, subject to non- substantive changes by the City Manager and City Attorney.

DISCUSSION
Authorized by the Federal Clean Water Act, the National Pollutant Discharge Elimination System (NPDES) permit program was established in 1972 to regulate pollutant discharges to waters of the United States and maintain water quality standards.

The City is a co-permittee under the North Orange County Municipal NPDES Permit (Order No. R8-2009-0030, as amended by Order No. R8-2010-0062). The Permit includes several Total Maximum Daily Loads (TMDLs) in the Newport Bay Watershed, with which the City and other Newport Bay Watershed dischargers are required to comply. Approximately 60 percent of the City’s surface area drains to Newport Bay (Exhibit 1). TMDLs include requirements for studies, water quality monitoring, and the development of specialized programs, work plans, and projects. The dischargers work collaboratively to achieve compliance with the TMDLs, which results in cost-sharing efficiencies for all parties.

In 2003, the City Council approved the first cooperative agreement (No. 2003-126) with the County of Orange and other dischargers to address TMDL requirements in the Newport Bay Watershed. After its expiration, a replacement agreement (No. D11-066) was approved by the City Council in 2012 that expired on June 30, 2018. On September 4, 2018, a subsequent agreement (No. MA-080-18011416) was approved by the City Council that expires on June 30, 2023.

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Newport Bay Watershed Cooperative Agreement
February 21, 2023

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3 2
7 0
The new Agreement (No. MA-080-23010376) will continue to provide funding from the dischargers for studies, water quality monitoring, and the development of specialized programs, work plans, and projects to meet water quality standards and comply with Newport Bay watershed TMDLs. This Agreement includes new cost-share percentages for the thirteen funding partners (Exhibit 2). The City’s cost-share percentage has increased from 9 percent during the previous agreement to 9.898 percent for the lifetime of this Agreement.

In support of protecting the environment and cooperation with the other participating agencies, staff is recommending that the City Council approve and execute this Agreement.

FISCAL IMPACT
The City’s Fiscal Year 2023-24 budget share of 9.898 percent for this Agreement is $129,550. The annual budget share for each subsequent fiscal year of the agreement is expected to be of a similar amount. Funding for fiscal years 2023-24 through 2027-28 will be included in the proposed budgets for City Council consideration. Expenditures will be recorded in Federal Clean Water Protection Enterprise (NPDES Program), Contract Services-Professional expenditures account (No. 05717640-62300)

EXHIBIT(S)

1. Newport Bay Watershed Map

2. Cooperative Agreement No. MA-080-23010376
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager

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Exhibit 1

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Agreement No. MA-080-23010376

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Final for Approval

COOPERATIVE AGREEMENT TO FUND TOTAL MAXIMUM DAILY LOAD PROGRAMS AND

RELATED ACTIVITIES IN THE NEWPORT BAY WATERSHED

THIS AGREEMENT, for purposes of identification numbered MA-080-23010376, referred to hereinafter as “Agreement”, is made and entered into this _____ day of _________, 2023 , by and between the County of Orange (“County”), the Orange County Flood Control District, the City of Costa Mesa, the City of Irvine, the City of Laguna Hills, the City of Laguna Woods, the City of Lake Forest, the City of Newport Beach, the City of Orange, the City of Santa Ana, the City of Tustin, Irvine Ranch Water District , and the Irvine Company. These entities are hereinafter sometimes jointly referred to as “Parties” and individually as “Party.” City entities are hereinafter sometimes jointly referred to as “Cities.” The Cities, County, and the Orange County Flood Control District are hereinafter sometimes jointly referred to as the “Municipal Parties.”

RECITALS
WHEREAS, the California Regional Water Quality Control Board, Santa Ana Region (“Regional Board”) adopted Resolution No. 98-9, as amended by Resolution No. 98-100, amending the Water Quality Control Plan for the Santa Ana River Basin (“Basin Plan”) to incorporate a Nutrient Total Maximum Daily Load (“TMDL”) for the Newport Bay/San Diego Creek Watershed on April 17, 1998 , and Resolution 99-10 amending the Basin Plan to incorporate a TMDL for Fecal Coliform in Newport Bay on April 9, 1999, pursuant to the provisions of Section 303(d) of the Clean Water Act, and Resolution 2018- 0041 amending the Basin Plan to incorporate a TMDL for Selenium in freshwater in Newport Bay Watershed on September 20, 2018; and,
WHEREAS, the United States Environmental Protection Agency established technical TMDLs for toxic pollutants (“Toxics TMDLs”) for San Diego Creek and Newport Bay, California, on June 14, 2002, and the Regional Board has been in the process of developing implementation plans or updating these Toxics TMDLs through separate Basin Plan processes, and Basin Plan amendments for Diazinon and Chlorpyrifos TMDLs, the Organochlorines TMDLs, and the Selenium TMDL have been adopted, and Basin Plan amendments for metals are in development; and,

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Final for Approval
WHEREAS, the Newport Bay Nutrient, Fecal Coliform, and Toxics TMDLs (collectively referred to as “Newport Bay TMDLs”) contain requirements for studies, monitoring, and the development of programs to attain TMDL targets over a multi-year period; and, WHEREAS, the Newport Bay TMDLs are included in the National Pollutant Discharge Elimination System Municipal Stormwater Permit (“NPDES Permit”), Order No. R8 -2009-0030, issued to the Municipal Parties by the Regional Board, which encourages a cooperative watershed program approach, and, as of the end of 2022, NPDES Permit, Order No. R8-2022-0008 is in development; and, WHEREAS, the Parties entered into Agreement No. D99-128 on September 18, 2003 and subsequent amendments on July 5, 2006, March 29, 2008, and July 8, 2010, to provide funding for the studies and implementation activities related to the Newport Bay TMDLs; and, WHEREAS, the Parties subsequently entered into Agreement No. D11 -066 on June 26, 2012 as a successor to Agreement No. D99-128, with a further amendment on October 20, 2015; and, WHEREAS, the Parties subsequently entered into Agreement No. MA -080-18011416 on August 14, 2018 as a successor to Agreement No. D11-066; and,
WHEREAS, the Parties intend this Agreement as a successor to Agreement MA-080-18011416, to provide for the performance of: additional studies, research, monitoring, reporting, development and/or revision of programs related to the Newport Bay TMDLs; assessment and development of programs related to current and future Clean Water Act §303(d) listings and/or NPDES Permit requirements for watershed management plans; actions in response to threats of administrative enforcement and citizen suits; and planning, permitting, design, construction, and maintenance of TMDL pilot projects; and , WHEREAS, the Parties have reached agreement on funding shares which are shown in Exhibit A; and,
WHEREAS, the Parties share a common interest in the regulatory compliance gained through the activities to be funded and performed pursuant to this Agreement, and the Parties further acknowledge that: each Party is entering into this Agreement for such purpose; there are common issues/questions of

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Agreement No. MA-080-23010376

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Final for Approval
law and fact among the Parties; it is the understanding of each Party that, in the performance of this Agreement, as with preceding agreements to which this Agreement is successor, confidential communications protected by the attorney-client privilege and attorney work product doctrine may be disclosed among the Parties through their counsel. Based on the foregoing, the Parties now wish to enter into a common interest agreement to memorialize their mutual understanding that confidential communications are to be kept confidential and protected from disclosure to the fullest extent allowed by law; and
WHEREAS, it is recognized that additional compliance efforts may be necessary and the Parties may choose to fund projects under separate agreements.

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing, the Parties agree as follows:

Section 1. PURPOSE. This Agreement is entered into for the purpose of funding and performing program activities related to the Newport Bay TMDLs, NPDES Permit requirements specific to the Newport Bay watershed, current and future Clean Water Act §303(d) listings in the Newport Bay watershed, and other related matters which may affect NPDES Permit compliance and/or enforcement within the Newport Bay watershed.

Section 2. TERM. The term of this Agreement shall commence upon approval and execution of this Agreement by all Parties, or on July 1, 2023, whichever is later, and shall continue until June 30, 2028.

Section 3. PROGRAM WORK PLAN. The County shall work in concert with all Parties to develop a work plan for the following fiscal year and will provide longer term financial forecasts. The work plan for the upcoming fiscal years shall be submitted to each of the Parties by February 15 of each year. The work plan may designate a Party as a lead other than the County for a work plan task(s), provided that the County obtains the prior written consent of such other Party .

Section 4. BUDGET AND COSTS. The budget for the 2023–24 fiscal year, subject to appropriations, is $1,308,854 and is shown in Exhibit A. The County shall work in concert with all the Parties to develop a budget for the following fiscal years. Budgeted amounts for pilot project(s) shall not

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Agreement No. MA-080-23010376

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exceed $200,000 for all pilot projects in any one fiscal year. For the following fiscal year and thereafter, a budget shall be submitted to each of the Parties by February 15 of each year. The budget shall contain an explanation of any recommended program changes, an estimate of all planned expenditures and an estimate of the payment required from each Party for the following fiscal year.

The County shall be entitled to charge to the program all costs for direct labor, materials, equipment, and outside contract services for costs associated with carrying out the approved scope of work. Recoverable costs will also include an overhead charge.

Section 5. WORK PLAN TASK LEAD REIMBURSEMENT. With a Party’s prior written consent, the County may designate a Party as a task lead with respect to specific tasks on the operative work plan.

If a Party is designated as a task lead, upon prior written authorization from County, the Party shall invoice the County for authorized expenses up to the approved budget amount for the work plan task.

Section 6. APPROVALS AND ADJUSTMENTS. The Parties shall be permitted to review and approve the budget and program work plan for the forthcoming year, review work products, and provide direction for performance of the work plan. The Parties shall be notified of the intent to issue contracts to perform the program work plan, shall be permitted to participate in the preparation and review of the scope of work for such contracts, and to serve on the committee evalu ating consultant qualifications/proposals subject to the requirements of the County of Orange Contract Policy Manual.

Criteria for approval of the work plan and budget shall be affirmative responses from Parties representing ninety percent (90%) of the funding shares in Exhibit A and 12 of the 13 Parties. The County and Orange County Flood Control District will constitute one approving Party. Any Party not providing a response by July 15 of each year shall be considered as rendering an affirmative response.

Criteria for approval of adjustments to scopes of work shall be the same as for the approval of the work plan and budget.

Section 7. FUNDING SHARE PERCENTAGES. Exhibit A, which is attached to this Agreement and by this reference is made a part hereof, presents the funding share percentages for the Parties for the term of the Agreement and the costs for the Parties for fiscal year 2023–24.

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Section 8. PAYMENTS. For the initial year of the Agreement, the County shall invoice each Party for its deposit either at the beginning of the fiscal year or thirty (30) days after approval of the Agreement, whichever is later. In following years, the County shall invoice each Party for its annual deposit at the beginning of each fiscal year. Each Party shall pay the deposit within 45 calendar days of the date of the invoice. Each Party’s deposit shall be based on its prorated share of the approved annual budget, reduced by the sum of (a) its prorated share of any surplus identified in the prior fiscal year end accounting, and (b) its prorated share of any funding provided for programs in the approved budget from entities not party to this Agreement.

Interest earned on the Parties’ deposits will not be paid to the Parties, but will be credited against the Parties’ share of the program costs.

The County shall notify each of the Parties if it appears that costs may exceed the budget approved by the Parties in any fiscal year. The County shall prepare a fiscal year end accounting within 60 calendar days of the end of the fiscal year. If the fiscal year end accounting results in costs (net of interest earnings) exceeding the sum of the deposits, and the County has notified and obtained approval from the Parties of potential cost overruns, the County shall seek approval of the excess cost from the Parties in the form of a revised budget and, upon approval, shall invoice each Party for its prorated share of the excess cost up to the amount of the revised approved budget. Each Party shall pay the billing within 45 calendar days of the date of the invoice. If the fiscal year end accounting results in the sum of the deposits exceeding costs (net of interest earnings), the excess deposits will carry forward to reduce the billings for the following year. The fiscal year end accounting results and associated invoices for each Party will take into consideration any outside funding provided for programs in the approved budget from entities not party to this Agreement.

Upon termination of the program, a final accounting shall be performed by the County. If costs from approved budgets remaining after the deduction of interest costs exceed the sum of the deposits, the County shall invoice each Party for its prorated share of the deficit. Each Party shall pay the invoice within 45 calendar days of the date of the invoice. If the sum of the deposits, including interest, exceeds

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the costs from approved budgets, the County shall reimburse to each Party its prorated share of the excess, within 45 calendar days of the final accounting.

Section 9: CONFIDENTIAL COMMUNICATIONS
a. The term "Confidential Communications" shall mean all communications, regardless of form, including documents and oral or written communications, whether prepared by the Parties or by consultants or experts retained by any Party, exchanged by or among the Parties , their non-employee consultants or experts, and/or their counsel, that are: (i) related to the purpose and/or performance of this Agreement; and (ii) privileged or protected from disclosure to adverse or other persons by reason of the attorney-client privilege, the attorney work product doctrine, or the common interest and/or joint defense privilege. The term Confidential Communications does not include any publicly available information.
b. The Parties agree that the disclosure of Confidential Communications between or among the Parties or their counsel will not diminish the confidentiality of such materials or constitute waiver of any applicable privilege or protection from disclosure. The Parties intend that all Confidential Communications shall be protected from disclosure and discovery, to the fullest extent allowed by law, including under the common interest and/or joint defense privileges. Inadvertent disclosure of Confidential Communications to third parties shall not constitute waiver of any applicable privilege, and shall be entitled to the fullest protection under the law, including the triggering of ethical obl igations for the recipient(s) to return such inadvertently disclosed Confidential Communications . c. The Party providing or disclosing any Confidential Communications to another party to this Agreement, pursuant to this Agreement, shall mark it as: “PRIVILEGED AND CONFIDENTIAL PURSUANT TO AGREEMENT NO. MA-080-23010376.” Confidential Communications must be exchanged between the Parties' counsel, although non-attorney staff may be copied on the transmittal.

Communications marked in this or substantially similar manner and transmitted in this manner shall be Confidential Communications. The failure to so mark such communications, however, will not diminish

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the confidentiality of such communications or constitute waiver of any applicable privilege or protection from disclosure.
d. Confidential Communications shall be held in confidence by the Parties, unless disclosure is required by law or court order. Each Party shall take reasonable and appropriate measures to prevent inadvertent disclosures of Confidential Communications to third parties. In the event any Party receives a third-party request or demand for Confidential Communications marked “PRIVILEGED AND CONFIDENTIAL PURSUANT TO AGREEMENT NO. MA-080-23010376,” per section 9.c., or bearing the name of one or more attorneys for any Party, prior to the release of any such Confidential Communications, the receiving Party shall notify all other Parties that such a request or demand has been received, so that the other Parties have the opportunity to seek a protective order or other relief . In the event any Party receives a third-party request or demand for Confidential Communications that are not marked per section 9.c. and do not bear the name of any attorney for a ny Party, prior to the release of such Confidential Communications, the receiving Party shall endeavor to notify all other Parties, so that the other Parties have the opportunity to seek a protective order or other relief. e. To the extent allowed by law, the obligations of the Parties under this Section 9 shall survive the termination of this Agreement and shall remain in full force and effect. f. Neither this Agreement nor the actions of any Party or counsel to a Party shall create any attorney-client relationship between any counsel and any Party that have not otherwise entered into an attorney-client relationship.

Section 10. ADDITIONAL PARTIES. It is recognized that there may be other parties who wish to participate in and provide funding for the activities described in this Agreement. Nothing in this Agreement is intended to preclude additional participants being added by written amendment as parties to this Agreement pursuant to Section 11. Exhibit A will be revised to add funding share percentage(s) for the additional party(ies) and proportionately reduced percentage shares for the Parties.

Section 11. AMENDMENT. This Agreement may be amended in writing only with the unanimous written approval of the Parties.

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Section 12. LIABILITY. It is mutually understood and agreed that, merely by the virtue of entering into this Agreement, each Party neither relinquishes any rights nor assumes any liabilities for its own actions or the actions of other Parties. It is the intent of the Parties that the rights and liabilities of each Party shall remain the same, while this Agreement is in force, as it was before this Agreement was made, except as otherwise specifically provided in this Agreement.

Section 13. TERMINATION. Any Party wishing to terminate its participation in this Agreement shall so notify all other Parties in writing by March 1 of any year. Such termination shall be effective the following June 30. The terminating Party shall be responsible for financial obligations hereunder to the extent incurred in accordance with this Agreement by the Party prior to the effective date of termination.

The balance of the Parties may continue in the performance of the terms and conditions of this Agreement with a proportionate reallocation of the terminating Party’s cost share in Exhibit A among the remaining Parties.

Section 14. AVAILABILITY OF FUNDS. The obligation of each Party is subject to the availability of funds appropriated for this purpose, and nothing herein shall be construed as obligating the Parties to expend or as involving the Parties in any contract or other obligation for the future payment of money in excess of appropriations authorized by law.

Section 15. NO THIRD-PARTY BENEFICIARIES. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person (except the Parties hereto and any entity in which a Party has a legal interest (such as, but not limited to, a limited liability membership interest or a partnership interest), and any permitted successors or assigns of a Party) any legal or equitable right, remedy or claim under or in respect of this Agreement or any provisions herein contained. This Agreement and any conditions and provisions hereof is intended to be and is for the sole and exclusive benefit of the Parties and the entities in which they have a legal interest and their successors or assigns and for the benefit of no other person, agency or entity.

Section 16. REFERENCE TO CALENDAR DAYS. Any reference to the word “day” or “days” herein shall mean calendar day or calendar days, respectively, unless otherwise expressly provided.

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Section 17. ATTORNEY’S FEES. In any action or proceeding brought to enforce or interpret any provision of this Agreement, or where any provision hereof is asserted as a defense, each Party shall bear its own attorney’s fees and costs.

Section 18. ENTIRE AGREEMENT. This Agreement is intended by the Parties as a final expression of their agreement and intended to be a complete and exclusive statement of the agreement and understanding of the Parties in respect of the subject matter contained herein. There are no restrictions, promises, warranties or undertakings, other than those set forth or referred to herein. This Agreement supersedes all prior agreements and understandings between the Parties with respect to such matter.

Section 19. SEVERABILITY. If any part of this Agreement is held, determined or adjudicated to be illegal, void, or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible.

Section 20. SUCCESSORS AND ASSIGNS. The terms and provisions of this Agreement shall be binding upon and inure to the benefit of the Parties hereto and their successors and assigns.

Section 21. NOTICES. All notices required or desired to be given under this Agreement shall be in writing and (a) delivered personally, or (b) sent by certified mail, return receipt requested or (c) sent by electronic mail followed by a mailed copy as required, to the addresses specified below, provided each Party may change the address for notices by giving the other Parties at least ten (10) days written notice of the new address. Notices shall be deemed received when actually received in the office of the addressee or when delivery is refused, as shown on the receipt of the U.S. Postal service, or other person making the delivery, except that notices sent by electronic mail shall be deemed received on the first business day following transmission.

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Director of Public Services
City of Costa Mesa
77 Fair Drive, P.O. Box 1200
Costa Mesa, CA 92626-1200

Director of Community Development
City of Irvine
1 Civic Center Plaza, P.O. Box 19578
Irvine, CA 92623-9578

Director of Public Services
City of Laguna Hills
24035 El Toro Road
Laguna Hills, CA 92653

City Manager
City of Laguna Woods
24264 El Toro Road
Laguna Woods CA 92637

Environmental Manager and Director of Public Works
City of Lake Forest
100 Civic Center Drive
Lake Forest, CA 92630

Director of Public Works
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660

Director of Public Works
City of Orange
300 E. Chapman Ave, P.O. Box 449
Orange, CA 92866

Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M21)
Santa Ana, CA 92702

Director of Public Works
City of Tustin
300 Centennial Way
Tustin, CA 92780

Director, OC Public Works
County of Orange
601 N. Ross Street
Santa Ana, CA 92701

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Director of Water Quality & Regulatory Compliance
Irvine Ranch Water District
15600 Sand Canyon Avenue
Irvine, CA 92618

Vice President of Environmental Affairs
The Irvine Company
550 Newport Center
Newport Beach, CA 92658-8904

Section 23. EXECUTION OF AGREEMENT. This Agreement may be executed in counterparts and the signed counterparts shall constitute a single instrument.

Section 24. GOVERNING LAW AND VENUE. This Agreement has been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the P arties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure section 394. Furthermore, the Parties have specifically agreed, as part of the consideration given and received for entering into this Agreement, to waive any and all rights to request that an action be transferred for trial to another county under Code of Civil Procedure Section 394 or any other provision of law.

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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first above written:

COUNTY OF ORANGE,
a political subdivision of the State of California

Date: By:

Chairman of the Board of Supervisors

ORANGE COUNTY FLOOD CONTROL DISTRICT
a body corporate and politic

By:

Chairman of the Board of Supervisors

SIGNED AND CERTIFIED THAT A COPY OF THIS

AGREEMENT HAS BEEN DELIVERED TO THE
CHAIR OF THE BOARD.

Date: ________________________________ By_________________________________ Robin Stieler
Clerk of the Board of Supervisors of
Orange County, California

APPROVED AS TO FORM

COUNTY COUNSEL

By____________________________
Deputy

Date: ___________

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CITY OF COSTA MESA

Date: By:

Mayor

APPROVED AS TO FORM:

ATTEST:

City Clerk City Attorney of Costa Mesa

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CITY OF IRVINE

Date: By:

Mayor

APPROVED AS TO FORM:

ATTEST:

City Clerk City Attorney of Irvine

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CITY OF LAGUNA HILLS

Date: By:

Mayor

APPROVED AS TO FORM:

ATTEST:

City Clerk City Attorney of Laguna Hills

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CITY OF LAGUNA WOODS

Date: By:

Mayor

APPROVED AS TO FORM:

ATTEST:

Yolie Trippy, City Clerk Alisha Patterson, City Attorney of Laguna Woods

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CITY OF LAKE FOREST

Date: By:

Mayor

APPROVED AS TO FORM:

ATTEST:

City Clerk City Attorney of Lake Forest

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CITY OF NEWPORT BEACH

Date: By:

Mayor

APPROVED AS TO FORM:

ATTEST:

City Clerk City Attorney of Newport Beach

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CITY OF ORANGE

Date: By:

Mayor

APPROVED AS TO FORM:

ATTEST:

City Clerk City Attorney of Orange

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ATTEST: CITY OF SANTA ANA
_________________________________________ _________________________________________ City Clerk City Manager
APPROVED AS TO FORM:

City Attorney
By:______________________________________
John M. Funk
Chief Assistant City Attorney

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CITY OF TUSTIN

Date: By:

Mayor

APPROVED AS TO FORM:

ATTEST:

City Clerk City Attorney of Tustin

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THE IRVINE RANCH WATER DISTRICT

Date: By:

Paul Cook, General Manager

Approved as to Form

Date: By:

Claire H. Collins, General Counsel

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THE IRVINE COMPANY

Date: By:

Name:

Title:

Date: By:

Name:

Title:

City Council
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26 2/21/2023

Agreement No. MA-080-23010376

Page A-1

EXHIBIT A - FUNDING SHARES*

PARTIES FUNDING SHARE

PERCENTAGES
FISCAL YEAR 2023-24
BUDGET
Costa Mesa 4.317 $56,503
County of Orange 9.296 $121,671
Irvine 31.177 $408,061
Laguna Hills 1.000 $13,089
Laguna Woods 1.000 $13,089
Lake Forest 6.402 $83,793
Newport Beach 9.452 $123,713
Orange 1.000 $13,089
Santa Ana 9.898 $129,550
Tustin 6.458 $84,526
Orange County Flood
Control District 10.000 $130,885
Irvine Ranch Water District 5.000 $65,443
Irvine Company 5.000 $65,443
Total 100 $1,308,855

*Funding shares are based on a consideration of land area and population, an equal split for some compliance responsibilities, and a minimum share of one percent.

City Council
17 –
27 2/21/2023

Information Technology
www.santa-ana.org/IT
Item # 18
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 21, 2023
TOPIC: Blanket Order Agreement for Purchase of Sharp Copiers and Managed Print Services
AGENDA TITLE:

Blanket Order Agreement with C3 Technology Services for Purchase of Sharp Copiers and Managed Print Services in a Combined Annual Amount not to Exceed $310,000 (General and Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with C3 Technology Services for Sharp copier equipment and managed print services for a three-year period beginning March 1, 2023 through March 1, 2026 with two optional one-year renewal periods exercisable by the City Manager in an annual not to exceed amount of $310,000, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
The City of Santa Ana utilizes multifunction printers (MFPs), more commonly referred to as “copiers,” throughout the organization to facilitate daily operations. These MFPs have the ability to copy, print, and fax. To meet the City’s printing needs, the City currently owns 101 Sharp MFPs and 235 HP Printers spread throughout all City facilities.

On March 19, 2019, the City Council approved an agreement that allowed for the as- needed purchase of Sharp copiers from C3 Technology Services (C3), a Santa Ana- based company, piggybacking on the Sourcewell cooperative bidding agreement.

On September 1, 2020, the City Council approved an amendment to the MFP blanket order agreement, replacing the Sourcewell agreement with the NASPO ValuePoint cooperative agreement and also approved an agreement with C3 for managed print services to coincide with the MFP blanket order in order to provide service and support on all of the MFPs as wells as the printer fleet.

Through these agreements, C3 helped the City achieve a cost savings via the implementation of a managed print services program, which optimizes support and maintenance of printers and copiers for an overall reduced price. Program features include consulting on copier placement throughout the organization to achieve optimal

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3 2
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usage, consolidation of multiple printers to one MFP where possible, on-going staff training, and toner management. The managed print services program has not only reduced print services costs but has also created efficiencies for the Information Technology Department. Because of this, C3 has proven to be a pivotal partner for the City, and staff recommends continuing to contract with C3 for managed print services as well as to incorporate the use of the NASPO ValuePoint master agreement.

Santa Ana City Ordinance No. NS-2312 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. C3 Technology Services is an authorized Sharp dealer that offers the National Association of States Procurement Officials (NASPO) ValuePoint national cooperative contract for Sharp copiers and managed print services. The existing NASPO master contract was awarded as a result of open, competitive bidding conducted by the State of Colorado, resulting in master agreement #140603, and the State of California participating addendum 7-19- 70-46-01 which NASPO makes available as a cooperative purchasing agreement on behalf of all nationwide governmental and public agencies, and which meets the City’s procurement requirements. Additionally, C3 is a local Santa Ana-based business.

Finally, utilizing the NASPO ValuePoint cooperative contract allows the City to obtain nationally leveraged volume pricing on the full line of Sharp MFPs and services.

FISCAL IMPACT
Funding is available in the FY 2022-23 Information Technology, Technology and Support Services accounting unit 10920148, Contract Professional Services account 62300 for Print Managed Services and Miscellaneous Operating Expense account 63001 for Copier purchases. Budget and funding for subsequent fiscal years will be included in the proposed budgets for City Council consideration. The following is an estimate of the account distribution by fiscal year, including optional renewals. However, the actual amounts may vary between the fiscal years depending on business need, but will not exceed $310,000 in a 12-month period.

Fiscal Year Amount
2022-23 (March 2023-June 2023) $100,000
2023-24 (July 2023-June 2024) $310,000
2024-25 (July 2024-June 2025) $310,000
2025-2026 (July 2025-June 2026) $310,000
2026-2027 (July 2026-June 2027) $310,000
2027-2028 (July 2027-February 2028) $210,000
Total $1,550,000

EXHIBIT(S)

1. NASPO ValuePoint Master Contract No. 140603

2. Agreement with C3 Technologies for Managed Print Services

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Submitted By: Jack Ciulla, Chief Technology Innovations Officer Approved By: Kristine Ridge, City Manager

City Council
18 –
3 2/21/2023

State of California
NASPO ValuePoint Master Agreement #140603
Copier, Printers and Related Devices Contract #7-19-70-46-07 Contract Valid 1/1/2020 – 7/31/24
Sharp Contact: Laurie Williams
Government & Major Account Manager
714-371-8214 | [email protected]
January 2023

City Council
18 –
4 2/21/2023

NASPO ValuePoint Contract #140603
State of California Contract # 7-19-70-46-07
Page
Number
1 5
13 16
17 19
23 27
Section
Ordering Information & Terms
MFP Pricing & Descriptions
Service & Supplies:

Full Service & Supplies Pricing
Staples Pricing
Lease Rates
Managed Print Services
Scanner Pricing & Descriptions
Heightened Security
Environment Initiatives
State of California Sharp Authorized Dealers
28 Table of Contents
NASPO Pricing Agreement #140603 – State of California Contract #7-19-70-46-07 29 City Council
18 –
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NASPO ValuePoint State of California PA #7-19-70-46-07
Sharp’s awarded NASPO ValuePoint Contract for Copiers and Managed Print Services enables our authorized MFP Dealers and direct sales offices, Sharp Business Systems, the ability to offer technology solutions to NASPO ValuePoint Purchasing Entities within the State of California. This overview provides a summary and outline of the essential contract functions and various roles and responsibilities.

I) CONTRACT OVERVIEW
A. CONTRACT NUMBER
NASPO ValuePoint #140603
State of California
Contract# 7-19-70-46-07
B. CONTRACT TERM
1/1/2020 – 7/31/2024
C. GUARANTEED DELIVERY

1. 14 Business Days ARO

2. FOB Destination
D. ORDERING ADDRESS
Sharp Authorized Dealer ordering
address and contact information will be
provided to NASPO ValuePoint
Purchasing Entity
E. PRIMARY CONTACT
Laurie Williams
Government & Major Account Manager
(714) 371-8214
[email protected]

II) CONTRACT SCOPE

USAGE & TERM
This contract may be used by all sta te
agencies, institutions of higher institution,
political subdivisions and other entities
authorized to use statewide contracts in the
State of California. Issues of interpretation
and eligibility for participa tion are solely
within the authority of the Sta te Chief
Procurement Official.

A. AWARDED PRODUCT OFFERINGS
Group A- MFD, A3
Group B - MFD, A4
Group C - Production Equipment
Group D - Single-function Printers
Group F – Scanners
Managed Print Services (MPS)
B. OPEN MARKET ITEMS
Sharp may offer Not Specifically Priced
(NSP) items that compliment or enhance
the Products offered. Not Specifically
Priced items may be acquired by a
Purchasing Entity under Sharp’s Master
Agreement, but are not listed or priced
in Sharp’s NASPO ValuePoint Price List.

NSP's may include Coin Op equipment,
empowering software, etc. NSP items do
not include Services. Allowance for NSP
items is ultimately the Purchasing
Entity’s decision and must comply with
the signed Participating Addendum.

III) CONTRACT PRICING
A. EQUIPMENT
The basis for NASPO Val
uePoint pricing
is calculated on a percentage discount
from Manufacturer Suggested Retail
Price. Mainframe & Accessory discounts
may differ.

B. S HIPPING CHARGES
All standard deliveries are F.O.B.
destination as freight and handling
charges are calculated into the pricing
schedules. Portions of an order shipped
due to back -orders are shipped at no
charge. Expedited shipping charges are
additional.
1 January 2023

City Council
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6 2/21/2023

NASPO ValuePoint State of California PA #7-19-70-46-07
C. PRICING

CEILING PRICING
The contrac
t award is based upon ceiling
pricing which may not be exceeded.

IV) ACQUISITION METHODS
A. PURCHASE
California State Agencies are solely
authorized for Purchase option.

Financing option may be offered to all
other qualified entities (See II. A.)
B. FINANCING OPTIONS
Financing options are available to
Local
Governments. Specific terms should be
reviewed and approved by the Local
Government Agency.

Acquisition Types/Terms:
• Fair Market Value Lease
• $1 Buyout / Capital Lease
• Straight Lease
• Short Term Leases
• 12, 18, 24, 36, 48 and 60 month
options
Coterminous product acce
ssory
additions may be added to existing
leased equipment.
• Cost of added accessory should be
calculated as follows: Divide the
monthly cumulative equipment
payment by remaining months on
original lease to arrive at the
monthly coterminous payment for
the accessory.
• Example: Addition of new accessory
to 36 month l ease after 1 year.

Payment calculated as follows:
$10 x 36 months = $360/24 months
= $ 15.

V) ORDER DOCUMENTATION
A. DOCUMENTATION

PURCHASE ORDER REQUIREME
NT
Purchase Orders must contain the
following:
- NASPO ValuePoint PA #140603
- State of California PA #7-19-70-46-07
- Customer Name, Address, Contact, &
Phone-Number
- Purchase order number and amount
- Itemized list of equipment and
accessories
- Remit to address
- Maintenance / Service Program

FINANCING OPTION
In addition to the requirements above,
additional terms and conditions related
to the agreed upon financing must be
incorporated into the Purchase Order
OR a signed finance document must
accompany the Purchase Order.

B. PAYMENT TERMS
Payment terms: net 30 days

VI) DELIVERY , INSTALLATION, MOVES

DELIVERY
The State Purc
hasing Entity will confirm
delivery, installation and a cceptance of all
products covered by each o rder, by signing
a Delivery and Acceptance Certificate (D&A)
which shows a cceptance of the product(s)
and allows Sharp to invoice for the
product(s).

EXCESSIVE INSTALLATION
Installing local authori
zed dealer or Sharp
may charge for excessive installation
requirements, including rigging, access
alterations, and access to non-ground floors
2 January 2023

City Council
18 –
7 2/21/2023

NASPO ValuePoint State of California PA #7-19-70-46-07
via stairs. Any such excessive installation
charges must be quoted to the Purchasing
Entity prior to the signature of any Order
and shall be based on the actual
expenditures.

NETWORK INSTALLATI
ON
Network installation include s configuration
of the Device for the proper network
protocols, and installation of the
appropriate print drivers on up to five (5)
computers per device. Requests for network
installation on additional devices will be
negotiated between the Purchasing Entity
and the servicing local authorized dealer or
Sharp.

EQUIPMENT MOVES
Cost for
equipment moves is d ependent
upon the distance of the move and the size
of unit. Moves within the same building are
provided at no charge. All other equipment
moves will be negotiated and a cost
estimate will be provided to the requesting
Purchasing Entity . A flat rate plus per mile
fee will apply.

CUSTOMER TRAINING
Loc
al authorized dealer or SBS location will
provide a minimum of
one (1) hour on- site
initial training for non -drop-shipped
equipment within ten (10) days of the
request made to the Purchasing Entity.

Additional training will be negotiated, and a
cost estimate will be provided to the
requesting Purchasing Entity.

VII) SERVICE PROVISIONS
A. WARRANTIES & DOWNTIME

WARRANTY
Standard warranty is 90 -days for all
products offered, beginning with the date of
acceptance of delivery . In addition, Sharp
provides a Three-Year Performance
Guarantee for all orders placed under
Sharp’s NASPO Value Point Master
Agreement and all Participating Addenda.

REPLACEMENT OF EQUIP
MENT
In addition to our standard 90 -day product
warranty, Sharp Electronics will provide
NASPO ValuePoint Purchasing Entities a
Three-Year Performance Guarantee. If the
MFP is not performing within the machine's
design specifications and cannot be
repaired by the Authorized Sharp Dealer
and Sharp Service Technician, Sharp will
replace the equipment with a like model
with comparable features at no additional
cost.

The 3 -Year Performance Guarantee begins
at the date of installation. All equipment
must be maintained under a full -Service
Maintenance Agreement with a Sharp
Authorized Dealer or SBS , and operated
using only genuine Sharp supplies and parts.

This guarantee applie
s to all products
procured through and billed under the
NASPO ValuePoint contract and is not
applicable to equipment that has been
damaged by accident or misuse, including
improper voltage. If it is determined that the
equipment was maintained using other than
genuine Sharp supplies and parts, the 3-Year
Performance Guarantee will no longer be
valid.

LOANERS
If any Device
is inoperable for two (2 )
Business Days, due to e quipment
malfunction, as reasonably determined by
Sharp, the local authorized dealer or SBS
location shall provide the Purchasing Entity
a loaner device of similar speed and
capabilities until such time as the inoperable
device is operable.
3 January 2023

City Council
18 –
8 2/21/2023

NASPO ValuePoint State of California PA #7-19-70-46-07
B. SERVICE / MAINTENANCE
Service / Maintenance
pricing shall remain
firm for the initial term of the agreement.

For lease and rental Equipment , the
Maintenance term is equal to the term of
the lease or rental (12, 18, 24, 36, 48, 60
months). For Purchased E quipment, the
initial term is whatever period of time the
Purchasing Entity elects, as long as it does
not exceed 60 months on Group A, B, D and
F and 84 months on Group C Devices.

If a Purchasing Entity wishes to renew a
Maintenance Agreement for Equipment
acquired under this NASPO ValuePoint
Master Agreement, then Sharp, the local
authorized dealer or SBS location may
negotiate new pricing. This pricing shall not
exceed this Master Agreement Pricing.

C. SERVICE ZONES

STANDARD URBAN SERVIC
E
Service rates are calculated based on service
zones. Standard Urban Service applies to
units located within 60 miles from a service
provider.

RURAL SERVICE
For units loc
ated 60 miles+ from a service
provider, additional rates may apply.

D. SERVICE ESCALATION
If the Equipment has been a
t the Purchasing
Entity’s location for more than five (5) years,
then Service / Maintenance pricing shall not
exceed 107% of the Service and Supply
pricing in the Master Agreement for years 5
through 7, and 110% for years 8 and
beyond.

VIII) SERVICE BILLING

PURCHASED / FINANCED EQUIPMENT
Participating Entities must maintain a
Maintenance Agreement on all financed
equipment.

IX) END OF TERM RELATED ISSUES

END OF LIFE
Sharp's End-Of-Lease feature is standard on
all advanced series MFPs. This feature
ensures that all data is overwritten before
returning, or relinquishing control of the
MFP. After the erasing process is completed,
the MFP will be rebooted automatically and
a completion report can be printed.

HARD DRIVE REMOVAL / R

EPLACEMENT
As directed, the authorized servicing dealer
or SBS location will remove the hard drive
upon written direction from the P urchasing
Entity.

The hard drive will be
provided to the
Purchasing Entity for their disposal. The cost
of hard drive removal and replacement is
$350 per device.

XI) CONTRACT DOCUMENTATION
Contract pricing and i
nformation is
provided on Sharp’s customized NASPO
ValuePoint website.
4 January 2023

City Council
18 –
9 2/21/2023

MFP Pricing & Descriptions
5 January 2023

City Council
18 –
10 2/21/2023

Model Description and Machine Compatibility
Retail
Price
NASPO
Contract Price
BP-50M26 26 PPM B&W Workgroup Document System $7,265.00 $2,252.15 BP-50M31 31 PPM B&W Workgroup Document System 8,915.00 2,763.65 BP-50M36 36 PPM B&W Workgroup Document System 11,000.00 3,410.00 BP-50M45 45 PPM B&W Workgroup Document System 11,580.00 3,589.80 BP-50M55 55 PPM B&W Workgroup Document System 12,445.00 3,857.95 BP-50M65 65 PPM B&W Workgroup Document System 14,475.00 4,487.25 BP-70M31 31 PPM B&W Workgroup Document System 10,510.00 3,258.10 BP-70M36 36 PPM B&W Workgroup Document System 12,590.00 3,902.90 BP-70M45 45 PPM B&W Workgroup Document System 14,300.00 4,433.00 BP-70M55 55 PPM B&W Workgroup Document System 14,760.00 4,575.60 BP-70M65 65 PPM B&W Workgroup Document System 19,105.00 5,922.55 BP-70ABD Deluxe Copier Cabinet 280.00 148.40
BP-AM10L Application Communication Module 385.00 288.75 BP-AM11L External Account Module 210.00 157.50
BP-DD10 Double Feed Detection Unit (Advanced Series Only) 325.00 172.25 BP-DE12 Stand/1 x 550-sheet Paper Drawer 975.00 516.75
BP-DE13 Stand/2 x 550-sheet Paper Drawers 1,250.00 662.50 BP-DE14 Stand/3 x 550-sheet Paper Drawers 1,740.00 922.20 BP-DE15 Stand/1 x 550 + 2,100-sheet Split Tandem Paper Drawers 2,210.00 1,171.30 BP-EB10 Wireless LAN Adapter 440.00 286.00
MX-EB19L Compact PDF Compression Kit (Essential Versions Only) 600.00 390.00 MX-EB20L OCR Expansion Kit (Essential Versions Only) 300.00 195.00 BP-FD10 Inner Folding Unit (can be combined with the BP-FN13/FN14/FN15/FN16) 2,100.00 1,113.00 BP-FN11 50-sheet Staple Inner Finisher 2,210.00 1,171.30 BP-FN12 50-sheet Staple Inner Finisher (for 65ppm model) 2,210.00 1,171.30 BP-FN13 1K Stacking 50-sheet Staple Finisher (requires BP-RB10 or BP-FD10) 2,870.00 1,521.10 BP-FN14 1K Stacking 50-sheet Staple/Saddle Stitch Finisher (requires BP-RB10 or BP-FD10) 3,370.00 1,786.10 BP-FN15 3K Stacking 65-sheet Staple Finisher (requires BP-RB10 or BP-FD10) 3,370.00 1,786.10 BP-FN16 3K Stacking 65-sheet Staple/Saddle Stitch Finisher (requires BP-RB10 or BP-FD10) 6,630.00 3,513.90 BP-FR12UL Data Security Kit 635.00 412.75
MX-FWX1L Internet Fax Kit 570.00 302.10
BP-FX11 Fax Expansion Kit 1,500.00 795.00
BP-LC10 3,000-sheet Large Capacity Cassette (letter, requires BP-DE12/DE13/DE14/DE15) 1,740.00 922.20 MX-LT10 Long Paper Tray (For use with Banner Paper) 220.00 116.60 MX-PF10 Bar Code Font Kit 660.00 349.80
MX-PK13L Post Script Expansion Kit (Essentials Versions Only) 780.00 585.00 MX-PN14B 3-Hole Punch Unit (requires BP-FN11/FN12) 775.00 410.75 MX-PN15B 3-Hole Punch Unit (requires BP-FN13/FN14) 775.00 410.75 MX-PN16B 3-Hole Punch Unit (requires BP-FN15/FN16) 775.00 410.75 MX-PU10L Direct Print Expansion Kit (Essentials Versions Only) 1,000.00 650.00 BP-RB10 Paper Pass Unit (required for BP-FN13/FN14/FN15/FN16) 495.00 262.35 BP-SD10 High Capacity SSD 550.00 291.50
BP-TR12 Right Side Exit Tray 180.00 95.40
MX-TR20N Job Separator 60.00 31.80
BP-TU10 Center Exit Tray (required if no finisher installed) 90.00 47.70 BP-UT10 Utility Table (recommended for Sharp MFP Voice function) 180.00 95.40 BP-VD10L Virus Detection Kit 400.00 212.00
AR-D5133NT 15 AMP Power Filter 180.00 117.00 BP-70M75 75 PPM B&W Workgroup Document System 30,560.00 9,473.60 BP-70M90 90 PPM B&W Workgroup Document System 34,700.00 10,757.00 BP-DD10 Double Feed Detection Unit 325.00 172.25 BP-LC11 3,500-sheet Large Capacity Cassette (Letter) 1,740.00 922.20 MX-LC19 3,000-sheet Large Capacity Cassette (Letter, Letter-R, Legal, Ledger or 12" x 18") 3,210.00 1,701.30 MX-LT10 Long Paper Feeding Tray (for use with Banner Paper) 220.00 116.60 MX-FN34 3K Stacking 65-sheet Staple Finisher (requires MX-RB26) 3,210.00 1,701.30 MX-FN35 3K Stacking 65-sheet Staple/20-sheet Saddle Stitch Finisher (requires MX-RB26) 6,315.00 3,346.95 MX-FN21 4K Stacking 100-sheet Staple Finisher (requires MX-RB26 and MX-RB27) 7,945.00 4,210.85 MX-FN22 4K Stacking 100-sheet Staple/20-sheet Saddle Stitch Finisher (requires MX-RB26 and MX-RB27) 11,285.00 5,981.05 MX-CF11 2-tray Inserter Unit (requires optional equipment - please refer to Configuration Chart) 4,065.00 2,154.45 NASPO ValuePoint Contract #140603

COPIERS/PRINTERS
6 January 2023

City Council
18 –
11 2/21/2023

Model Description and Machine Compatibility
Retail
Price
NASPO
Contract Price
NASPO ValuePoint Contract #140603

COPIERS/PRINTERS
MX-FD10 Multi-folding Unit (requires MX-RB26 and MX-RB27; and MX-FN21 or MX-FN22) $16,525.00 $8,758.25 MX-RB13 Relay Unit (requires optional equipment - please refer to Configuration Chart) 1,200.00 636.00 MX-RB26 Paper Pass Unit (required for all configurations with external finishers) 470.00 249.10 MX-RB27 Curl Correction Unit (required for MX-FN21 and MX-FN22) 1,200.00 636.00 MX-TM10 Trimmer Unit (requires MX-FN22) 7,055.00 3,739.15 MX-PN16B 3-Hole Punch Unit (for use with MX-FN34 and MX-FN35) 775.00 410.75 MX-PN13B 3-Hole Punch Unit (for use with MX-FN21 and MX-FN22) 995.00 527.35 MX-TR21 Right Side Exit Tray 170.00 90.10 MX-TU15 Center Exit Tray (required if no finishing options are selected) 85.00 45.05 BP-SD10 High Capacity SSD (512 GB) 550.00 291.50 MX-PF10 Barcode Font Kit 660.00 349.80
BP-FX11 Facsimile Expansion Kit 1,500.00 795.00 MX-FWX1L Internet Fax (i-Fax) Expansion Kit 570.00 302.10 BP-FR12UL Data Security Kit 635.00 412.75 BP-VD10L Virus Detection Kit 400.00 212.00 AR-D5133NT 15 AMP Power Filter - Recommended MX-FN21 and MX-FN22. 180.00 117.00 AR-D5143NT 20 AMP Power Filter - Recommended for main unit 205.00 133.25 MX-M1056 105 PPM High Speed Monochrome Document System 44,250.00 14,602.50 MX-M1206 120 PPM High Speed Monochrome Document System 55,900.00 18,447.00 MX-LC12 3,500-sheet Large Capacity Cassette (Letter; requires MX-MFX1) 1,655.00 877.15 MX-LC13N 5,000-sheet Large Capacity 2-Drawer Air Feed Tray (Letter, Letter-R, Legal or Ledger; requires MX-RB16) 7,055.00 3,739.15 MX-MFX1 100-sheet Multi-bypass Tray (for machine) 1,545.00 818.85 MX-MF11 500-sheet Multi-bypass Tray (requires MX-LC13N) 1,855.00 983.15 MX-FN21 100-sheet Staple Finisher (4,000-sheet output capacity; requires MX-RB18) 7,945.00 4,210.85 MX-FN22 100-sheet Staple/20-sheet Saddle Stitch Finisher (4,000-sheet output capacity; requires MX-RB18) 11,285.00 5,981.05 MX-CF11 2-tray Inserter Unit (requires optional equipment - please refer to Configuration Chart) 4,065.00 2,154.45 MX-FD10 Multi-folding Unit (requires MX-RB18, and MX-FN21 or MX-FN22) 16,525.00 8,758.25 MX-RB13 Relay Unit (requires optional equipment - please refer to Configuration Chart) 1,200.00 636.00 MX-RB16 LCT Mounting Kit (required for MX-LC13N) 370.00 196.10 MX-RB17 LCT Tandem Connecting Kit (required for connecting 2 MX-LC13Ns) 2,105.00 1,115.65 MX-RB18 Curl Correction Unit (required for MX-FN21, MX-FN22) 1,200.00 636.00 MX-TM10 Face Trimmer Unit (requires MX-FN22) 7,055.00 3,739.15 MX-PN13B 3-Hole Punch Unit (for use with MX-FN21 and MX-FN22) 995.00 527.35 MX-GBCP3 GBC SMARTPUNCH PLUS 18,750.00 9,937.50 MX-GBCP19 GBC Comb Bind Die (for GBC SmartPunch Plus) 1,395.00 739.35 MX-GBCP51HD GBC Comb Bind HD Die (for GBC SmartPunch Plus) 4,325.00 2,292.25 MX-GBCP32SQ GBC Twin Loop Die 32 SQ (for GBC SmartPunch Plus) 1,395.00 739.35 MX-GBCP21SQ GBC Twin Loop Die 21 SQ (for GBC SmartPunch Plus) 1,395.00 739.35 MX-GBCP32RND GBC Twin Loop Die 32 RND (for GBC SmartPunch Plus) 1,395.00 739.35 MX-GBCP21RND GBC Twin Loop Die 21 RND (for GBC SmartPunch Plus) 1,395.00 739.35 MX-GBCP44RND GBC Color Coil Die 44 RND (for GBC SmartPunch Plus) 1,395.00 739.35 MX-GBCP52HD GBC Color Coil Die 44 RND HD (for GBC SmartPunch Plus) 4,100.00 2,173.00 MX-GBCP44OVL GBC Color Coil Die 44 OVL (for GBC SmartPunch Plus) 3,150.00 1,669.50 MX-GBCP11 GBC Velobind Die 11 Hole (for GBC SmartPunch Plus) 1,395.00 739.35 MX-GBCP03 GBC 3-Hole Punch Die (for GBC SmartPunch Plus) 1,350.00 715.50 MX-GBCP53HD GBC 3-Hole Punch Die HD (for GBC SmartPunch Plus) 2,500.00 1,325.00 MX-GBCP357 GBC 3/5/7-Hole Punch Die (for GBC SmartPunch Plus) 1,350.00 715.50 MX-GBCPCR GBC Creasing Die (for GBC SmartPunch Plus) 3,900.00 2,067.00 MX-GBCPPF12 GBC Perforation Die 12 TPI (for GBC SmartPunch Plus) 3,400.00 1,802.00 MX-GBCPPF9 GBC Perforation Die 9 TPI (for GBC SmartPunch Plus) 3,400.00 1,802.00 MX-SL10N Status Indicator 710.00 376.30
MX-BM50 Plockmatic Booklet Maker (requires MX-FN21 and MX-PCB50) 20,315.00 10,766.95 MX-TM50 Plockmatic Face Trimmer Module 14,210.00 7,531.30 MX-FD50 Plockmatic Square Fold Module (requires MX-TM50) 14,210.00 7,531.30 7 January 2023

City Council
18 –
12 2/21/2023

Model Description and Machine Compatibility
Retail
Price
NASPO
Contract Price
NASPO ValuePoint Contract #140603

COPIERS/PRINTERS
MX-CF50 Plockmatic Cover Feeder $5,475.00 $2,901.75
MX-XB50 Plockmatic Rail Unit 525.00 278.25 MX-PCB50 Plockmatic Interface Kit (required for MX-BM50) 105.00 55.65 MX-PF10 Barcode Font Kit 660.00 349.80
MX-FR66U Data Security Kit (Commercial version) 775.00 503.75 MX-PE16 Fiery Print Server (requires MX-PX16) 9,900.00 6,435.00 MX-PX16 Fiery Interface Kit (required for MX-PE16) 3,475.00 2,258.75 MX-PEFIS Fiery Impose Software 3,400.00 2,550.00 MX-PEFC Fiery Compose Software 1,550.00 1,162.50 MX-PEIC Fiery Impose + Fiery Compose Software Bundle 4,330.00 3,247.50 MX-PEJM1 Fiery JobMaster Software (includes MX-PEJMM 1-year SMSA) 6,240.00 4,680.00 MX-PEJI1 Fiery JobMaster + Fiery Impose Software Bundle (includes MX-PEJIM 1-year SMSA) 8,810.00 6,607.50 MX-PEAAEP Adobe Acrobat Pro 2017 + Enfocus PitStop Edit 2019 (for use with Fiery Impose/Compose/JobMaster Software) 670.00 502.50 MX-PEJF1 Fiery JobFlow Software (includes MX-PEJFM 1-year SMSA) 8,140.00 6,105.00 MX-PESP3 EFI ES-3000 Spectrophotometer 1,855.00 1,391.25 MX-PEHD16 EFI REMOVABLE HDD FOR MX-PE16 2,680.00 1,420.40 MX-PEIVB IMAGE VIEWER (B/W) 3,400.00 2,550.00 MX-PEJMM Fiery JobMaster 1-year Software Maintenance and Support Agreement (SMSA) (available for MX-PEJM1) 1,370.00 1,027.50 MX-PEJIM Fiery JobMaster + Impose 1-year Software Maintenance and Support Agreement (SMSA) (available for MX-PEJI1) 1,895.00 1,421.25 MX-PEJFM Fiery JobFlow 1-year Software Maintenance and Support Agreement (SMSA) (available for MX-PEJF1) 1,895.00 1,421.25 AR-D5133NT 15 AMP Power Filter MX-FN21, MX-FN22, MX-LC13N 180.00 117.00 MX-E524ZNT 208-240V/20A Next Gen PCS Power Filter 320.00 208.00 COLOR:

BP-50C26 26 PPM B&W / 26 PPM Full-Color Workgroup Document System 7,740.00 2,399.40 BP-50C31 31 PPM B&W / 31 PPM Full-Color Workgroup Document System 10,635.00 3,296.85 BP-50C36 36 PPM B&W / 36 PPM Full-Color Workgroup Document System 13,675.00 4,239.25 BP-50C45 45 PPM B&W / 45 PPM Full-Color Workgroup Document System 16,715.00 5,181.65 BP-50C55 55 PPM B&W / 55 PPM Full-Color Workgroup Document System 19,145.00 5,934.95 BP-50C65 65 PPM B&W / 65 PPM Full-Color Workgroup Document System 21,585.00 6,691.35 BP-70C31 31 PPM B&W / 31 PPM Full-Color Workgroup Document System 14,285.00 4,428.35 BP-70C36 36 PPM B&W / 36 PPM Full-Color Workgroup Document System 17,325.00 5,370.75 BP-70C45 45 PPM B&W / 45 PPM Full-Color Workgroup Document System 20,365.00 6,313.15 BP-70C55 55 PPM B&W / 55 PPM Full-Color Workgroup Document System 22,795.00 7,066.45 BP-70C65 65 PPM B&W / 65 PPM Full-Color Workgroup Document System 25,225.00 7,819.75 BP-70ABD Deluxe Copier Cabinet 280.00 148.40 BP-AM10L Application Communication Module 385.00 288.75 BP-AM11L External Account Module 210.00 157.50 BP-DD10 Double Feed Detection Unit (Advanced Series Only) 325.00 172.25 BP-DE12 Stand/1 x 550-sheet Paper Drawer 975.00 516.75 BP-DE13 Stand/2 x 550-sheet Paper Drawers 1,250.00 662.50 BP-DE14 Stand/3 x 550-sheet Paper Drawers 1,740.00 922.20 BP-DE15 Stand/1 x 550 + 2,100-sheet Split Tandem Paper Drawers 2,210.00 1,171.30 BP-EB10 Wireless LAN Adapter 440.00 286.00 MX-EB19L Compact PDF Compression Kit (Essential Versions Only) 600.00 390.00 MX-EB20L OCR Expansion Kit (Essential Versions Only) 300.00 195.00 BP-FD10 Inner Folding Unit (can be combined with the BP-FN13/FN14/FN15/FN16) 2,100.00 1,113.00 BP-FN11 50-sheet Staple Inner Finisher 2,210.00 1,171.30 BP-FN12 50-sheet Staple Inner Finisher (for 65ppm model) 2,210.00 1,171.30 BP-FN13 1K Stacking 50-sheet Staple Finisher 2,870.00 1,521.10 BP-FN14 1K Stacking 50-sheet Staple/Saddle Stitch Finisher 3,370.00 1,786.10 BP-FN15 3K Stacking 65-sheet Staple Finisher 3,370.00 1,786.10 BP-FN16 3K Stacking 65-sheet Staple/Saddle Stitch Finisher 6,630.00 3,513.90 BP-FR12UL Data Security Kit 635.00 412.75 MX-FWX1L Internet Fax Kit 570.00 302.10
8 January 2023

City Council
18 –
13 2/21/2023

Model Description and Machine Compatibility
Retail
Price
NASPO
Contract Price
NASPO ValuePoint Contract #140603

COPIERS/PRINTERS
BP-FX11 Fax Expansion Kit $1,500.00 $795.00
BP-LC10 3,000-sheet Large Capacity Cassette (letter, requires BP-DE12/DE13/DE14/DE15) 1,740.00 922.20 MX-LT10 Long Paper Tray (For use with Banner Paper) 220.00 116.60 MX-PF10 Bar Code Font Kit 660.00 349.80
MX-PK13L Post Script Expansion Kit (Essentials Versions Only) 780.00 585.00 MX-PN14B 3-Hole Punch Unit (requires BP-FN11/FN12) 775.00 410.75 MX-PN15B 3-Hole Punch Unit (requires BP-FN13/FN14) 775.00 410.75 MX-PN16B 3-Hole Punch Unit (requires BP-FN15/FN16) 775.00 410.75 MX-PU10L Direct Print Expansion Kit (Essentials Versions Only) 1,000.00 650.00 BP-RB10 Paper Pass Unit (required for BP-FN13/FN14/FN15/FN16) 495.00 262.35 BP-SD10 High Capacity SSD 550.00 291.50
BP-TR12 Right Side Exit Tray 180.00 95.40 MX-TR20N Job Separator 60.00 31.80
BP-TU10 Center Exit Tray (required if no finisher installed) 90.00 47.70 BP-UT10 Utility Table (recommended for Sharp MFP Voice function) 180.00 95.40 BP-VD10L Virus Detection Kit 400.00 212.00 AR-D5133NT 15 AMP Power Filter (26-40 PPM Units) 180.00 117.00 AR-D5143NT 20 AMP Power Filter (50-60 PPM Units) 205.00 133.25 MX-7081 75/70 PPM B&W / Color - High Speed Color Document System 31,055.00 10,248.15 MX-8081 80 PPM B&W / Color - High Speed Color Document System 36,315.00 11,983.95 MX-LC12 3,500-sheet Large Capacity Cassette (Letter) 1,655.00 877.15 MX-LCX3N 3,000-sheet Large Capacity Cassette (Letter, Letter-R, Legal or Ledger) 3,210.00 1,701.30 MX-LC13N 5,000-sheet Large Capacity 2-Drawer Air Feed Tray (Letter, Letter-R, Legal or Ledger; requires MX-RB14) 7,055.00 3,739.15 MX-LT10 Long Paper Feeding Tray (for use with Banner Paper) 220.00 116.60 MX-MF11 500-sheet Multi-bypass Tray (requires MX-LC13N) 1,855.00 983.15 MX-FN34 3K Stacking 65-sheet Staple Finisher (requires MX-RB12N) 3,210.00 1,701.30 MX-FN35 3K Stacking 65-sheet Staple/20-sheet Saddle Stitch Finisher (requires MX-RB12N) 6,315.00 3,346.95 MX-FN21 100-sheet Staple Finisher (4,000-sheet output capacity; requires MX-RB12N and MX-RB27) 7,945.00 4,210.85 MX-FN22 100-sheet Staple/20-sheet Saddle Stitch Finisher (4,000-sheet output capacity; requires MX-RB12N and MX-RB27) 11,285.00 5,981.05 MX-CF11 2-tray Inserter Unit (requires optional equipment - please refer to Configuration Chart) 4,065.00 2,154.45 MX-FD10 Multi-folding Unit (requires MX-RB12N and MX-RB27; and MX-FN21 or MX-FN22) 16,525.00 8,758.25 MX-RB12N Paper Pass Unit (for machine; required for all configurations with finishers) 580.00 307.40 MX-RB13 Relay Unit (requires MX-RB12N and MX-RB27; and MX-FN21 or MX-FN22) 1,200.00 636.00 MX-RB14 Paper Pass Unit (required for MX-LC13N) 1,200.00 636.00 MX-RB27 Curl Correction Unit (required for MX-FN21 and MX-FN22) 1,200.00 636.00 MX-TM10 Trimmer Unit (requires MX-FN22) 7,055.00 3,739.15 MX-PN16B 3-Hole Punch Unit (for use with MX-FN34 and MX-FN35) 775.00 410.75 MX-PN13B 3-Hole Punch Unit (for use with MX-FN21 and MX-FN22) 995.00 527.35 MX-TR14 Right Side Exit Tray 200.00 106.00 MX-TU14 Center Exit Tray (required if no finishing options are selected) 145.00 76.85 MX-SL10N Status Indicator Light 710.00 376.30 MX-GBCX2 GBC SmartPunch Pro (requires Die Set and MX-RB13) 18,540.00 9,826.20 MX-GBC03 3-Hole Die Set (for GBC SmartPunch Pro) 1,060.00 561.80 MX-GBC11 11-Hole VeloBind Set (for GBC SmartPunch Pro) 1,260.00 667.80 MX-GBC19 19-Hole CombBind Die Set (for GBC SmartPunch Pro) 1,260.00 667.80 MX-GBC21 21-Hole WireBind Die Set (for GBC SmartPunch Pro) 1,260.00 667.80 MX-GBC32 32-Hole WireBind Die Set (for GBC SmartPunch Pro) 1,260.00 667.80 MX-GBC44 44-Hole Color Coil Die Set (for GBC SmartPunch Pro) 1,260.00 667.80 MX-GBC32PRO 32-Hole ProClick Die Set (for GBC SmartPunch Pro) 1,260.00 667.80 MX-GBC51 19-Hole Heavy Duty CombBind Die Set (for GBC SmartPunch Pro) 4,320.00 2,289.60 MX-GBC52 44-Hole Heavy Duty Color Coil Die Set (for GBC SmartPunch Pro) 4,080.00 2,162.40 MX-GBC53 3-Hole Heavy Duty Die Set (for GBC SmartPunch Pro) 2,400.00 1,272.00 MX-PF10 Barcode Font Kit 660.00 349.80
MX-FX15 Fax Expansion Kit 1,430.00 757.90
MX-FWX1L Internet Fax (i-Fax) Expansion Kit 570.00 302.10 MX-FR65U Data Security Kit 800.00 520.00
MX-PE15 Fiery Color Embedded Print Server (requires MX-PX15) 7,000.00 4,550.00 MX-PX15 Fiery Interface Kit (required for MX-PE15) 2,105.00 1,368.25 MX-PEHF12 Fiery Hot Folders/Virtual Printers Production Features 1,340.00 1,005.00 MX-PECR1Y Fiery ColorRight 1 Year Subscription 1,600.00 1,200.00 MX-PECR2Y Fiery ColorRight 2 Year Subscription 3,020.00 2,265.00 MX-PECR3Y Fiery ColorRight 3 Year Subscription 4,300.00 3,225.00 9 January 2023

City Council
18 –
14 2/21/2023

Model Description and Machine Compatibility
Retail
Price
NASPO
Contract Price
NASPO ValuePoint Contract #140603

COPIERS/PRINTERS
MX-PECR4Y Fiery ColorRight 4 Year Subscription $5,090.00 $3,817.50 MX-PECR5Y Fiery ColorRight 5 Year Subscription 5,950.00 4,462.50 MX-PEAM1Y Fiery Automation 1 Year Subscription 1,340.00 1,005.00 MX-PEAM2Y Fiery Automation 2 Year Subscription 2,550.00 1,912.50 MX-PEAM3Y Fiery Automation 3 Year Subscription 3,600.00 2,700.00 MX-PEAM4Y Fiery Automation 4 Year Subscription 4,290.00 3,217.50 MX-PEAM5Y Fiery Automation 5 Year Subscription 5,020.00 3,765.00 MX-PEFIS Fiery Impose Software 3,400.00 2,550.00 MX-PEFC Fiery Compose Software 1,550.00 1,162.50 MX-PEIC Fiery Impose + Fiery Compose Software Bundle 4,330.00 3,247.50 MX-PEAAEP Adobe Acrobat Pro 2017 + Enfocus PitStop Edit 2019 (for use with Fiery Impose/ Compose/ JobMaster Software) 670.00 502.50 MX-PESP3 EFI ES-3000 Spectrophotometer 1,855.00 1,391.25 MX-PECPS1 Fiery Color Profiler Suite (includes MX-PECPM 1-year SMSA) 3,300.00 2,475.00 MX-PECPSP1 Fiery Color Profiler Suite + EFI ES-3000 Spectrophotometer (includes MX-PECPM 1-year SMSA) 4,740.00 3,555.00 MX-PECPM Fiery Color Profiler Suite 1-year Software Maintenance and Support Agreement (SMSA) (avail. for MX-PECPS1/P) 720.00 540.00 AR-D5133NT 15 Amp Power Filter- Recommended for MX-FN21, MX-FN22, and MX-LC13N. 180.00 117.00 MX-E524ZNT 20 Amp Power FilterRecommended for MX-7081/8081 main unit. 320.00 208.00 MX-7090N 70 PPM B&W / Color - High Speed Color Document System 44,210.00 14,589.30 MX-8090N 80 PPM B&W / Color - High Speed Color Document System 53,430.00 17,631.90 MX-LC12 Large Capacity Cassette (3,500 sheets-Letter) Requires MF10 1,655.00 877.15 MX-LCX3N Large Capacity Cassette (3,000 sheets-Letter, Letter-R, Legal or Ledger) Requires MF10 3,210.00 1,701.30 MX-LC13N Large Capacity 2-Drawer Air Feed Tray (5,000 sheets - Letter, Letter-R, Legal or Ledger) Requires MX- RB14 May not be used with LC12/LCX3N (If connecting 2 MX-LC13N's- MX-RB17 also req'd) 7,055.00 3,739.15
MX-LT10 Long Paper Tray (For use with Banner Paper) Requires MX-MF10 220.00 116.60 MX-FD10 Multi-folding Unit (requires MX-FN21 or MX-FN22 and MX-RB12 and MX-RB15) 16,525.00 8,758.25 MX-FN21 100 Sheet Staple Finisher (4,000-sheet output capacity ) Requires RB12N + RB15 7,945.00 4,210.85 MX-FN22 100 Sheet Staple/20 Sheet Saddle Stitch Finisher (4,000-sheet output capacity ) Requires RB12N + RB15 11,285.00 5,981.05 MX-MF10 100 Sheet Multi- Bypass Tray (for machine) Required for LC12/LCX3N-Required if LC13N not attached 1,545.00 818.85 MX-MF11 500 Sheet Multi- Bypass Tray (requires MX-LC13N Large Capacity Tray and not compatible with MF10) 1,855.00 983.15 MX-RB12N Paper pass unit for machine (required for MX-FN21 & MX-FN22) 580.00 307.40 MX-RB13 Relay Unit (Required with MX-CF11 inserter except when configured with MX-FD10. Also required with the MX-GBCX2)
1,200.00 636.00
MX-RB14 Relay Unit (Required for MX-LC13N) 1,200.00 636.00 MX-RB15 Curl Correction Unit (Required with MX-FN21, MX-FN22 configurations) 1,200.00 636.00 MX-RB17 LCT Tandem Connecting Kit (required for connecting 2 MX-LC13N Large Capacity Trays) 2,105.00 1,115.65 MX-TM10 Trimmer Unit (Optional with MX-FN22 Saddle Finisher) 7,055.00 3,739.15 MX-PN13B Punch Unit (for MX-FN21 and MX-FN22) 995.00 527.35 MX-SL10N Status Indicator 710.00 376.30
MX-TR14 Right Side Exit Tray Requires MF10 200.00 106.00 MX-TU14 Center Exit Tray Required if no finishing options included 145.00 76.85 MX-CF11 2 Tray Post Process Page Inserter (Used with MX-FN21 or MX-FN22) Requires FD10 or RB13 4,065.00 2,154.45 MX-PF10 Barcode Font Kit 660.00 349.80
MX-FR58U Data Security Kit 800.00 520.00
MX-PE13 External Fiery Color Print Server (requires MX-PX13) 23,070.00 14,995.50 MX-PX13 Fiery Interface Kit (required for MX-PE13) 3,475.00 2,258.75 MX-PE14 Embedded Fiery Color Print Server (requires MX-PX12) 10,720.00 6,968.00 MX-PX12 Fiery Interface board (required for MX-PE14) 2,105.00 1,368.25 MX-GBCX2 GBC SmartPunch ProTM - requires MX-RB13 18,540.00 9,826.20 MX-GBC03 3-Hole Die Set 1,060.00 561.80
MX-GBC11 11-Hole VeloBind Set 1,260.00 667.80 MX-GBC19 19-Hole CombBind Die Set 1,260.00 667.80 MX-GBC21 21-Hole WireBind Die Set 1,260.00 667.80 MX-GBC32 32-Hole WireBind Die Set 1,260.00 667.80 MX-GBC44 44-Hole Color Coil Die Set 1,260.00 667.80 MX-GBC32PRO 32-Hole ProClick Die Set 1,260.00 667.80 MX-GBC51 GBC 19-Hole DuraGlide Heavy Duty Plastic Comb Die Set (rectangular / letter) 4,320.00 2,289.60 MX-GBC52 GBC 44-Hole DuraGlide Heavy Duty Die Set (round / letter) 4,080.00 2,162.40 MX-GBC53 GBC 3-Hole DuraGlide Heavy Duty Die Set (round / letter) 2,400.00 1,272.00 MX-BM50 Plockmatic Booklet Maker (requires MX-FN21 and MX-PCB50) 20,315.00 10,766.95 MX-PCB50 Plockmatic Interface Kit (required for MX-BM50) 105.00 55.65 MX-CF50 Plockmatic Cover Feeder 5,475.00 2,901.75 MX-FD50 Plockmatic Square Fold Module (requires MX-TM50) 14,210.00 7,531.30 MX-TM50 Plockmatic Trimmer 14,210.00 7,531.30
MX-XB50 Plockmatic Rail Unit 525.00 278.25 MX-PEFIS Fiery Impose Software 3,400.00 2,550.00 MX-PEFC Fiery Compose Software 1,550.00 1,162.50 10 January 2023

City Council
18 –
15 2/21/2023

Model Description and Machine Compatibility
Retail
Price
NASPO
Contract Price
NASPO ValuePoint Contract #140603

COPIERS/PRINTERS
MX-PEIC Fiery Impose + Fiery Compose Software Bundle $4,330.00 $3,247.50 MX-PEJM1 Fiery JobMaster Software (includes MX-PEJMM 1-year SMSA) (for use with MX-PE13) 6,240.00 4,680.00 MX-PEJI1 Fiery JobMaster + Fiery Impose Software Bundle (includes MX-PEJIM 1-year SMSA) (for use with MX-PE13) 8,810.00 6,607.50 MX-PEGAP Fiery Graphic Arts Package, Premium Edition Software (For use with MX-PE13) 9,580.00 7,185.00 MX-PEJF1 Fiery JobFlow Software (includes MX-PEJFM 1-year SMSA) (for use with MX-PE13 or MX-PE14) 8,140.00 6,105.00 MX-PENXGL Centralized Workstation with 22" monitor, wireless keyboard and mouse (For use with MX-PE13) 4,485.00 3,363.75 MX-PENXLS Premium Centralized Workstation with 27" monitor, wireless keyboard and mouse, Proximity Sensor, Auto adjusting stand (For use with MX-PE13)
6,150.00 4,612.50
MX-PEHD13 Fiery Removable Hard Disk Drive (For use with MX-PE13) 1,855.00 1,391.25 MX-PESP3 EFI ES-3000 Spectrophotometer 1,855.00 1,391.25 MX-PECPSP1 Fiery Color Profiler Suite + EFI ES-3000 Spectrophotometer (includes MX-PECPM 1-year SMSA) 4,740.00 3,555.00 MX-PECPS1 Fiery Color Profiler Suite (includes MX-PECPM 1-year SMSA) (for use with MX-PE13 or MX-PE14) 3,300.00 2,475.00 MX-PEJMM Fiery JobMaster 1-year Software Maintenance and Support Agreement (SMSA) (For use with MX-PEJM) 1,370.00 1,027.50 MX-PEJIM Fiery JobMaster + Impose 1-year Software Maintenance and Support Agreement (SMSA) (For use with

MX-PEJI)
1,895.00 1,421.25
MX-PEJFM Fiery JobFlow 1-year Software Maintenance and Support Agreement (SMSA) (For use with MX-PEJF) 1,895.00 1,421.25 MX-PECPM Fiery Color Profiler Suite 1-year Software Maintenance and Support Agreement (SMSA) (For use with MX-PECPS1)
720.00 540.00
MX-PEPP12 EFI Productivity Package Software (For use with MX-PE14) 6,960.00 5,220.00 MX-PEAAEP Adobe Acrobat Pro 2017 + Enfocus PitStop Edit 2019 (for use with Fiery Impose/Compose/JobMaster Software) 670.00 502.50 AR-D5133NT 15 AMP Power Filter FN21, FN22, LC13N 180.00 117.00 MX-E524ZNT 208-240V/20A Power Filter 320.00 208.00 Desktop Series
MX-C303WH 30 PPM B&W / Color - Desktop Color Workgroup Document System 5,355.00 2,195.55 MX-C304WH 30 PPM B&W / Color - Desktop Color Workgroup Document System 6,250.00 2,562.50 MX-DS22N Stand High (for use with Base unit or up to 2 CS14N) 280.00 148.40 MX-DS23N Stand Low (for use with 3 or 4 CS14N) 180.00 95.40 MX-CS14N 600 sheet paper feeder (Max 4 Cassettes) 255.00 135.15 MX-XB19 Anti Tip Kit Recommended with DS22N+2CS14N or DS23N+4 CS14N 115.00 60.95 MX-FR61U Data Security 605.00 393.25
MX-PF10 Barcode Font Kit 660.00 349.80
MX-FWX1L Internet Fax 570.00 302.10
MX-AMX2L Sharp OSA Application Communication Module (C303W) 365.00 273.75 MX-AMX3L Sharp OSA External Accounting Module (C303W) 200.00 150.00 MX-EB19L Compact PDF Compression Kit (C303W) 600.00 390.00 MX-PU10L Direct Print Expansion Kit (C303W) 1,000.00 650.00 AR-D5133NT 15 AMP Power Filter 180.00 117.00 MX-B350P 35 PPM B&W - Desktop B/W Printer 1,240.00 582.80 MX-B450P 45 PPM B&W - Desktop B/W Printer 1,555.00 730.85 MX-B376WH 37 PPM B&W - Desktop B/W Document System 4,545.00 1,863.45 MX-B476WH 47 PPM B&W - Desktop B/W Document System 5,665.00 2,322.65 MX-DS22N Stand High (for use with Base unit or single CS14N) 280.00 148.40 MX-DS23N Stand Low (for use with 2 or 3 CS14N) 180.00 95.40 MX-CS14N 600 sheet paper feeder (Max 3 Cassettes on B376W/B476W: Max 1 on B350P/B450P) 255.00 135.15 MX-FN32 Inner Finisher (30 sheet staple 300 sheet stack) (MX-B376W/B476W only) 1,510.00 800.30 MX-FR63U Data Security (MX-B376W/B476W only) 605.00 393.25 MX-PF10 Barcode Font Kit (MX-B376W/B476W only) 660.00 349.80 MX-FWX1L Internet Fax (MX-B376W/B476W only) 570.00 302.10 AR-D5133NT 15 AMP Power Filter 180.00 117.00 DX-B351PL 35 PPM Desktop Monochrome Printer 475.00 223.25 AR-D5133NT 15 AMP Power Filter 180.00 117.00 11 January 2023

City Council
18 –
16 2/21/2023

Model Description and Machine Compatibility
Retail
Price
NASPO
Contract Price
NASPO ValuePoint Contract #140603

COPIERS/PRINTERS
MX-B427W 42 PPM Monochrome Multi-Function Document System DSPF $2,020.00 $828.20 MX-B427PW 42 PPM Monochrome Printer 965.00 453.55
MX-B467F 46 PPM Monochrome Multi-Function Document System 2,805.00 1,150.05 MX-B467P 46 PPM Monochrome Printer 1,330.00 625.10
MX-B557F 55 PPM Desktop Monochrome Multi-Function Document System DSPF Copy/Print/Scan/Fax 9,820.00 4,026.20 MX-B557P 55 PPM Desktop Monochrome Printer 2,980.00 1,400.60 MX-B707P 70 PPM Desktop Monochrome Printer 5,085.00 2,389.95 MX-C357F 35 PPM Desktop Color Multi-Function Document System DSPF Copy/Print/Scan/Fax 4,205.00 1,724.05 MX-C407F 40 PPM Desktop Color Multi-Function Document System DSPF Copy/Print/Scan/Fax 5,260.00 2,156.60 MX-C407P 40 PPM Desktop Color Printer 2,100.00 987.00
MX-C507F 50 PPM Desktop Color Multi-Function Document System DSPF Copy/Print/Scan/Fax 8,770.00 3,595.70 MX-C507P 50 PPM Desktop Color Printer 3,155.00 1,482.85 MX-C607P 60 PPM Desktop Color Printer 4,540.00 2,133.80 MX-CS16 550-Sheet Tray (C607P) 905.00 479.65 MX-CS17 550-Sheet Tray C407F, C507F, C507P) 905.00 479.65 MX-CS18 550-Sheet Tray (C357F, C407P) 590.00 312.70 MX-CS19 2,200-Sheet Tray (C607P) 2,690.00 1,425.70 MX-CS20 650-Sheet Duo Tray (C357F, C407P) 590.00 312.70 MX-CS21 250-Sheet Tray (B557P, B707P) 555.00 294.15 MX-CS22 550-Sheet Tray (B557F) 760.00 402.80 MX-CS23 550-Sheet Tray (B557P, B707P) 790.00 418.70 MX-CS24 2,100-Sheet Tray (B557F) 1,525.00 808.25 MX-CS25 2,100-Sheet Tray (B557P, B707P) 1,385.00 734.05 MX-CS26 550-Sheet Tray (B427W, B427PW) 490.00 259.70 MX-CS27 250-Sheet Tray (B467F, B467P) 405.00 214.65 MX-CS28 550-Sheet Tray (B467F, B467P) 620.00 328.60 MX-FN37 Inline Staple Finisher (C607P) 1,045.00 553.85 MX-FN38 Staple Finisher (B557F, B557P, B707P) 830.00 439.90 MX-FN39 Staple, Hole Punch Finisher (B557F, B557P, B707P) 1,830.00 969.90 MX-MS10 4-Bin Mailbox (B557F, B557P, B707P) 830.00 439.90 MX-TR22 Output Expander (B557P, B707P) 415.00 219.95 MX-TR23 High Capacity Output Expander (B557P, B707P) 1,395.00 739.35 AR-D5133NT 15 AMP Power Filter 180.00 117.00 12 January 2023

City Council
18 –
17 2/21/2023

Service & Supplies
13 January 2023

City Council
18 –
18 2/21/2023

Model
CPC
No
Minimum
Monthly Copy
Minimum
Copies
Zone 1 Monthly
Base
(1-25 Miles)
Zone 1
Excess
CPC
Zone 2
Monthly Base
(26-50 Miles)
Zone 2
Excess CPC
(26-50 Miles)
CPC
No
Minimum
Monthly Copy
Minimum
Copies
Zone 1
Monthly Base
(1-25 Miles)
Zone 1
Excess
CPC
Zone 2 Monthly
Base
(26-50 Miles)
Zone 2
Excess CPC
(26-50 Miles)
MX-M2651 0.0080 2,500 $17.50 0.0070 $20.75 0.0083
MX-M3051 0.0075 3,000 19.20 0.0064 23.10 0.0077
MX-M3071 0.0075 3,000 19.20 0.0064 23.10 0.0077
MX-M3071S 0.0075 3,000 19.20 0.0064 23.10 0.0077
MX-M3551 0.0075 3,000 19.20 0.0064 23.10 0.0077
MX-M3571 0.0075 3,000 19.20 0.0064 23.10 0.0077
MX-M3571S 0.0075 3,000 19.20 0.0064 23.10 0.0077
MX-M4051 0.0075 4,000 25.60 0.0064 30.80 0.0077
MX-M4071 0.0075 4,000 25.60 0.0064 30.80 0.0077
MX-M4071S 0.0075 4,000 25.60 0.0064 30.80 0.0077
MX-M5051 0.0073 5,000 31.50 0.0063 38.00 0.0076
MX-M5071 0.0073 5,000 31.50 0.0063 38.00 0.0076
MX-M5071S 0.0073 5,000 31.50 0.0063 38.00 0.0076
MX-M6051 0.0070 7,500 45.75 0.0061 54.75 0.0073
MX-M6071 0.0070 7,500 45.75 0.0061 54.75 0.0073
MX-M6071S 0.0070 7,500 45.75 0.0061 54.75 0.0073
BP-50M26 0.0080 2,500 17.50 0.0070 21.00 0.0084
BP-50M31 0.0075 3,000 19.20 0.0064 23.10 0.0077
BP-50M36 0.0075 3,000 19.20 0.0064 23.10 0.0077
BP-50M45 0.0075 4,000 25.60 0.0064 23.10 0.0077
BP-50M55 0.0073 5,000 31.50 0.0063 38.00 0.0076
BP-50M65 0.0070 7,500 45.75 0.0061 54.75 0.0073
BP-70M31 0.0075 3,000 19.20 0.0064 23.10 0.0077
BP-70M36 0.0075 3,000 19.20 0.0064 23.10 0.0077
BP-70M45 0.0075 4,000 25.60 0.0064 23.10 0.0077
BP-70M55 0.0073 5,000 31.50 0.0063 38.00 0.0076
BP-70M65 0.0070 7,500 45.75 0.0061 54.75 0.0073
BP-70M75 0.0058 10,000 50.00 0.0050 60.00 0.0060
BP-70M90 0.0058 10,000 50.00 0.0050 60.00 0.0060
MX-M7570 0.0058 10,000 50.00 0.0050 60.00 0.0060
MX-M905 0.0045 20,000 80.00 0.0040 96.00 0.0048
MX-M1056 0.0045 20,000 80.00 0.0040 96.00 0.0048
MX-M1206 0.0045 20,000 80.00 0.0040 96.00 0.0048
MX-2651 0.0091 2,000 15.80 0.0079 19.00 0.0095 0.0546 1,000 47.40 0.0474 56.90 0.0569 MX-3051 0.0089 2,500 19.25 0.0077 23.00 0.0092 0.0524 1,250 57.00 0.0456 68.38 0.0547 MX-3551 0.0089 2,500 19.25 0.0077 23.00 0.0092 0.0524 1,250 57.00 0.0456 68.38 0.0547 MX-3071 0.0089 2,500 19.25 0.0077 23.00 0.0092 0.0524 1,250 57.00 0.0456 68.38 0.0547 MX-3071S 0.0089 2,500 19.25 0.0077 23.00 0.0092 0.0524 1,250 57.00 0.0456 68.00 0.0547 MX-3571 0.0089 2,500 19.25 0.0077 23.00 0.0092 0.0524 1,250 57.00 0.0456 68.00 0.0547 MX-3571S 0.0089 2,500 19.25 0.0077 23.00 0.0092 0.0524 1,250 57.00 0.0456 68.00 0.0547 MX-4051 0.0089 4,000 30.80 0.0077 37.00 0.0092 0.0524 2,000 91.00 0.0456 109.00 0.0547 MX-4071 0.0089 4,000 30.80 0.0077 37.00 0.0092 0.0524 2,000 91.00 0.0456 109.00 0.0547 MX-4071S 0.0089 4,000 30.80 0.0077 37.00 0.0092 0.0524 2,000 91.00 0.0456 109.00 0.0547 MX-5051 0.0089 6,000 46.20 0.0077 55.00 0.0092 0.0524 3,000 137.00 0.0456 164.00 0.0547

BLACK COLOR
Service & Supplies Pricing
NASPO ValuePoint Contract #140603
14 January 2023

City Council
18 –
19 2/21/2023

BLACK COLOR
Service & Supplies Pricing
NASPO ValuePoint Contract #140603
MX-5071 0.0089 6,000 $46.20 0.0077 $55.00 0.0092 0.0524 3,000 $137.00 0.0456 $164.00 0.0547 MX-5071S 0.0089 6,000 46.20 0.0077 55.00 0.0092 0.0524 3,000 137.00 0.0456 164.00 0.0547 MX-6051 0.0089 6,000 46.20 0.0077 55.00 0.0092 0.0524 3,000 137.00 0.0456 164.00 0.0547 MX-6071 0.0089 6,000 46.20 0.0077 55.00 0.0092 0.0524 3,000 137.00 0.0456 164.00 0.0547 MX-6071S 0.0089 6,000 46.20 0.0077 55.00 0.0092 0.0524 3,000 137.00 0.0456 164.00 0.0547 BP-50C26 0.0091 2,000 15.80 0.0079 19.00 0.0095 0.0546 1,000 47.00 0.0474 57.00 0.0569 BP-50C31 0.0089 2,500 19.25 0.0077 23.00 0.0092 0.0524 1,250 57.00 0.0456 68.00 0.0547 BP-50C36 0.0089 2,500 19.25 0.0077 23.00 0.0092 0.0524 1,250 57.00 0.0456 68.00 0.0547 BP-50C45 0.0089 4,000 30.80 0.0077 37.00 0.0092 0.0524 1,250 57.00 0.0456 68.00 0.0547 BP-50C55 0.0089 6,000 46.20 0.0077 55.00 0.0092 0.0524 1,250 57.00 0.0456 68.00 0.0547 BP-50C65 0.0089 6,000 46.20 0.0077 55.00 0.0092 0.0524 1,250 57.00 0.0456 68.00 0.0547 BP-70C31 0.0089 2,500 19.25 0.0077 23.00 0.0092 0.0524 1,250 57.00 0.0456 68.00 0.0547 BP-70C36 0.0089 2,500 19.25 0.0077 23.00 0.0092 0.0524 1,250 57.00 0.0456 68.00 0.0547 BP-70C45 0.0089 4,000 30.80 0.0077 37.00 0.0092 0.0524 1,250 57.00 0.0456 68.00 0.0547 BP-70C55 0.0089 6,000 46.20 0.0077 55.00 0.0092 0.0524 1,250 57.00 0.0456 68.00 0.0547 BP-70C65 0.0089 6,000 46.20 0.0077 55.00 0.0092 0.0524 1,250 57.00 0.0456 68.00 0.0547 MX-7081 0.0076 2,500 16.50 0.0066 20.00 0.0079 0.0471 10,000 410.00 0.0410 492.00 0.0492 MX-8081 0.0076 2,500 16.50 0.0066 20.00 0.0079 0.0471 10,000 410.00 0.0410 492.00 0.0492 MX-7090N 0.0076 2,500 16.50 0.0066 20.00 0.0079 0.0428 10,000 372.00 0.0372 446.00 0.0446 MX-8090N 0.0076 2,500 16.50 0.0066 20.00 0.0079 0.0428 10,000 372.00 0.0372 446.00 0.0446 MX-B376W 0.0092 1,000 8.00 0.0080 9.60 0.0096
MX-B376WH 0.0092 1,000 8.00 0.0080 9.60 0.0096
MX-B476W 0.0092 1,000 8.00 0.0080 9.60 0.0096
MX-B476WH 0.0092 1,000 8.00 0.0080 9.60 0.0096
MX-B350P 0.0092 1,000 8.00 0.0080 9.60 0.0096
MX-B450P 0.0092 1,000 8.00 0.0080 9.60 0.0096
DX-B351PL 0.0246 500 10.70 0.0214 12.85 0.0257
DX-B352P 0.0161 500 7.00 0.0140 8.40 0.0168
MX-B427W 0.0202 500 8.75 0.0175 10.50 0.0210
MX-B427PW 0.0202 500 8.75 0.0175 10.50 0.0210
MX-B467F 0.0127 500 5.55 0.0111 6.65 0.0133
MX-B467P 0.0127 500 5.55 0.0111 6.65 0.0133
MX-B557F 0.0107 1,000 9.30 0.0093 11.20 0.0112
MX-B557P 0.0107 1,000 9.30 0.0093 11.20 0.0112
MX-B707P 0.0107 1,000 9.30 0.0093 11.20 0.0112
MX-C357F 0.0193 500 8.40 0.0168 10.10 0.0202 0.0856 500 37.25 0.0745 44.70 0.0894 MX-C407F 0.0128 750 8.33 0.0111 9.98 0.0133 0.0610 500 26.55 0.0531 31.85 0.0637 MX-C407P 0.0193 750 12.60 0.0168 15.15 0.0202 0.0856 500 37.25 0.0745 44.70 0.0894 MX-C507F 0.0128 1,000 11.10 0.0111 13.30 0.0133 0.0610 500 26.55 0.0531 31.85 0.0637 MX-C507P 0.0193 1,000 16.80 0.0168 20.20 0.0202 0.0856 500 37.25 0.0745 44.70 0.0894 MX-C607P 0.0161 1,000 14.00 0.0140 16.80 0.0168 0.0856 500 37.25 0.0745 44.70 0.0894 MX-C303W 0.0139 1,000 12.10 0.0121 14.50 0.0145 0.0610 500 26.55 0.0531 31.85 0.0637 MX-C303WH 0.0139 1,000 12.10 0.0121 14.50 0.0145 0.0610 500 26.55 0.0531 31.85 0.0637 MX-C304W 0.0139 1,000 12.10 0.0121 14.50 0.0145 0.0610 500 26.55 0.0531 31.85 0.0637 MX-C304WH 0.0139 1,000 12.10 0.0121 14.50 0.0145 0.0610 500 26.55 0.0531 31.85 0.0637 15 January 2023

City Council
18 –
20 2/21/2023

STAPLES/MISC. PRICING
Model Description
Units Per
Carton
Estimated
Yield
Purchase
Price

B&W MODELS
MX-SCX1 Staple Cartridge (MX-FN27 / MX-FN28) 3 Cartridges 5,000 / Ctg. $49.00 AR-SC2 Saddle Stitch Staple Cartridge (MX-FN29) 3 Cartridges 5,000 / Ctg. 49.00 MX-SC11 Staple Cartridge (MX-FN30 and MX-FN31) 3 Cartridges 5,000 / Ctg. 49.00 MX-SC12 Saddle Stitch Staple Cartridge (MX-FN31) 4 Cartridges 2,000 / Ctg. 30.00 AR-SV1 2 Cartridges 39.90
MX-SCX1 3 Cartridges 5,000 / ctg. 49.00
MX-SCX2 Staple Cartridge (MX-FN21 / MX-FN22) 3 Cartridges 5,000 / ctg. 49.00 MX-SC11 3 Cartridges 5,000 / ctg. 49.00
MX-SC12 Staple Cartridge (MX-FN35) 4 Cartridges 2,000 / ctg. 30.00 AR-SV1 2 Cartridges 39.90
AR-SC2 3 Cartridges 5,000 / Ctg. 49.00
MX-SCX1 Staple Cartridge (MX-FN22) 3 Cartridges 5,000 / Ctg. 49.00 MX-SCX2 Staple Cartridge (MX-FN21 / MX-FN22) 3 Cartridges 5,000 / Ctg. 49.00 MX-SCX3 Staple Cartridge (MX-FN25) 4 Cartridges 2,000 / Ctg. 49.00 AR-SV1 2 Cartridges 39.90
MX-SCX1 3 Cartridges 5,000 / Ctg. 49.00
MX-SCX2 Staple Cartridge (MX-FN21 & MX-FN22) 3 Cartridges 5,000 / Ctg. 49.00 MX-SC11 Staple Cartridge (MX-FN34 and MX-FN35) 3 Cartridges 5,000 / Ctg. 49.00 MX-SC12 Staple Cartridge (MX-FN35) 4 Cartridges 2,000 / Ctg. 30.00 MX-SCX1 Staple Cartridge (MX-FN22) 3 Cartridges 5,000 / Ctg. 49.00 MX-SCX2 Staple Cartridge (MX-FN21 / MX-FN22) 3 Cartridges 5,000 / Ctg. 49.00 MX-SC50 Plockmatic Staples (MX-BM50) 3 Cartridges 5,000 / Ctg. 70.00 AR-SV1 2 Cartridges 39.90
MX-SCX1 Staple Cartridge (MX-FN32) 3 Cartridges 5,000 / Ctg. 49.00

COLOR MODELS
MX-SCX1 3 Cartridges 5,000 / Ctg. 49.00
AR-SC2 Saddle Stitch Staple Cartridge (BP-FN14 / MX-FN29) 3 Cartridges 5,000 / Ctg. 49.00 MX-SC11 Staple Cartridge (BP-FN15 / BP-FN16 / MX-FN30 / MX-FN31) 3 Cartridges 5,000 / Ctg. 49.00 MX-SC12 Saddle Stitch Staple Cartridge (BP-FN16 / MX-FN31) 4 Cartridges 2,000 / Ctg. 30.00 MX-7081 / MX-8081
MX-SC11 3 Cartridges 5,000 / Ctg. 49.00
MX-SC12 4 Cartridges 2,000 / Ctg. 30.00
MX-SCX1 Staple Cartridge (MX-FN22) 3 Cartridges 5,000 / Ctg. 49.00 MX-SCX2 Staple Cartridge (MX-FN21 / MX-FN22) 3 Cartridges 5,000 / Ctg. 49.00 AR-SV1 2 Cartridges 39.90
MX-7090N / MX-8090N
MX-SCX1 Staple Cartridge (MX-FN22) 3 Cartridges 5,000 / Ctg. 49.00 MX-SCX2 Staple Cartridge (MX-FN21 / MX-FN22) 3 Cartridges 5,000 / Ctg. 49.00 MX-SC50 Staple Cartridge (Plockmatic - MX-BM50) 3 Cartridges 5,000 / Ctg. 70.00 AR-SV1 2 Cartridges 39.90
MX-M7570
MX-M905
BP-70M75 / BP-70M90
Staple Cartridge (MX-FN22)
Staple Cartridge (MX-FN33 / MX-FN22)
Stamp Cartridge (requires AR-SU1)
MX-M2631 / MX-M3051 / MX-M3551 / MX-M4051 / MX-M5051 / MX-M6051 / MX-M3071S / MX-M3571S / MX-M4071S / MX-M5071S / MX-M6071S
BP-50C26 / BP-50C31 / BP-50C36 / BP-50C45 / BP-70C31 / BP-70C36 / BP-70C45 / BP-50C55 / BP-50C65 / BP-70C55 / BP-70C65 Stamp Cartridge (AR-SU1)
Staple Cartridge (MX-FN24 / MX-FN25)
Stamp Cartridge (AR-SU1)
Staple Cartridge (MX-FN34 / MX-FN35)
Stamp Cartridge (AR-SU1)
MX-M1056 / MX-M1206
MX-B376WH / MX-B476WH
Staple Cartridge (BP-FN11 / BP-FN12 / BP-FN13 / MX-FN27 / MX-FN28) Stamp Cartridge (AR-SU1)
Staple Cartridge (MX-FN34 / MX-FN35)
Staple Cartridge (MX-FN35)
Stamp Cartridge (AR-SU1)
Sharp Electronics is not responsible for typographical errors. Designs and specifications are subject to change without notice. 16 January 2023

City Council
18 –
21 2/21/2023

Lease Rates
17 January 2023

City Council
18 –
22 2/21/2023

Leasing Term
in Months
Fair
Market
Value
$1 Buyout
Lease
Straight
Lease
Short Term
Lease
Cancellable
Rental
12 0.08191 0.08792 0.08191 0.16358 0.09468
18 0.05628 0.06006 0.05628 0.06521
24 0.04348 0.04614 0.04348 0.05049
36 0.03071 0.03227 0.03071 0.03580
48 0.02434 0.02536 0.02434 0.02849
60 0.02055 0.02125 0.02055 0.02412
72* 0.01803 0.01853 0.01803 0.02123
84* 0.01625 0.01660 0.01625 0.01918
*Note: Group C only
NASPO ValuePoint Contract # 140603
State of California Contract # 7-19-70-46-07
Lease Rates
18 January 2023

City Council
18 –
23 2/21/2023

Managed Print Services
19 January 2023

City Council
18 –
24 2/21/2023

Price Per Unit
$5.00
(Included)
(Included)
Price Per Unit
$5.00
(Included)
Automated Meter Reads (Included)
(Included)
Price Per Hour
$100.00
(Included)
(Included)
Price Per Unit
$5.00
(Included)
(Included)
(Included)Customer Business Review
Reporting
Invoicing
Job Accounting (with Standard Account Codes)
Automated Toner Replenishment
Account Management (Billed Monthly)
MPS Components
End-user Support (Billed Monthly)
Remote Device Monitoring (Billed Monthly)
Implementation (One-time Charge)
Note: Billable only AFTER the initial one (1) free hour Training
Help Desk
NASPO ValuePoint Contract #140603
Managed Print Service
Plan Development
Hardware and Software Installation and Set-up
Sharp Electronics is not responsible for typographical errors. Designs and specifications are subject to change without notice. 20 January 2023

City Council
18 –
25 2/21/2023

Up to 20 21 - 30 31 - 40 41 - 50 51 - 60 61 - 70 71 - 90 91 - 110 111 - 130 131+ Single-function Mono 0.0620 0.0620 0.0620 0.0450 0.0450 0.0450 0.0450 0.0450 0.0300 0.0300 Single-function Color 0.2600 0.2600 0.2600 0.1600 0.1600 0.1600 0.1600 0.1600 0.1300 0.1300 Multi-function Mono 0.0600 0.0600 0.0600 0.0450 0.0450 0.0450 0.0450 0.0450 0.0300 0.0300 Multi-function Color 0.2600 0.2600 0.2600 0.1600 0.1600 0.1600 0.1600 0.1600 0.1300 0.1300 Up to 20 21 - 30 31 - 40 41 - 50 51 - 60 61 - 70 71 - 90 91 - 110 111 - 130 131+ Single-function Mono 0.0560 0.0560 0.0560 0.0410 0.0410 0.0410 0.0410 0.0410 0.0270 0.0270 Single-function Color 0.2300 0.2300 0.2300 0.1400 0.1400 0.1400 0.1400 0.1400 0.1200 0.1200 Multi-function Mono 0.0540 0.0540 0.0540 0.0410 0.0410 0.0410 0.0410 0.0410 0.0270 0.0270 Multi-function Color 0.2300 0.2300 0.2300 0.1400 0.1400 0.1400 0.1400 0.1400 0.1200 0.1200 Wide/Large Format
Scanners
Cost Per Click with Sharp Supplies (Billed Monthly)
Price Per Hour for inclusion of
these Devices in an MPS
engagement
Additional Device Maintenance (Billed Monthly)
Device Type
Note: Pricing for these Devices only includes labor. Parts and Supplies must be purchased separately.

NASPO ValuePoint Contract #140603
Managed Print Service - Maintenance & Supplies
Pages Per Minute
Cost Per Click with Compatible Supplies (Billed Monthly) Device Type Pages Per Minute
Note: Cost Per Click rates do not include Equipment costs. They must only consist of parts, labor, and Compatible Supplies.

Note: Cost Per Click rates do not include Equipment costs. They must only consist of parts, labor, and Sharp Supplies.

Device Type
Price Per Hour
$100.00
$100.00
21 January 2023

City Council
18 –
26 2/21/2023

Price Per Unit
$5.00
(Included)
(Included)
(Included)
(Included)
(Included)
Price Per Unit
$5.00
(Included)
(Included)
(Included)
(Included)
(Included)
Price Per Unit
$5.00
(Included)
(Included)
(Included)
(Included)
Price Per Hour
$75.00
$150.00
$75.00
$75.00
$75.00
$75.00
$75.00
$75.00
$75.00
NASPO ValuePoint Contract #140603
Managed Print Service - Optional Components
Parts Management
Warranty Management
Asset Mapping
Preventative Maintenance
Service and Repair
Detailed Recommendation
End-user Survey
Document Workflow Consulting
Change management includes the development of methods of communication to di stribute and explain the changes made to the MPS plan and the development of a program to recognize employees who have changed their printing habits. Thes
e are billed on an hourly basis.

Professional Services (Billed Bi-Monthly) Price Per Hour Consulting
Project Management
Records Management
Network and Data Security
Document Scanning
Back-file Conversion
Mail-Room Services
Optional MPS Components
Maintenance (Billed Monthly)
Ongoing Fleet Management and Optimization (Billed Monthly) Cost Based Assessment (One-time Charge)
Change Management
Consumable Spend
Continual Assessments
On-site break/fix
Analysis and Plan Design
Green Initiatives
Add/Move/Change Services
Disaster Recovery
22 January 2023

City Council
18 –
27 2/21/2023

Scanners
23 January 2023

City Council
18 –
28 2/21/2023

Fujitsu Model /
Part Number Description MSRP NASPO
Price
ScanSnap S1300i 12 PPM, 8.5X14, USB 2.0, 10 page ADF, USB Cable, AC Adapter, USB Power, ScanSnap Manager, ScanSnap Organizer 4.1, CardMinder 4.1, ABBYY FineReader for ScanSnap 4.1, CardIris 4.0
$295.00 $265.50
PA03541-0004 ScanSnap Carrying Case 24.95 22.46
SP-1120 20 ppm, 1 year Depot, Power Adapter, Power Cable, USB 2.0 Cable, Software Suite - PaperStream IP Driver (TWAIN & ISIS™)*8, PaperStream Capture, Software Operation Panel, Error Recovery Guide, Presto!™ PageManager™, ABBYY™ FineReader™ Sprint, Scanner Central Admin Agent
395.00 355.50
SP-1425 25 ppm, Simplex: 25 ppm @ 200/300 dpi, Duplex: 50 ipm @ 200/300 dpi, Flatbed: 4 seconds @ 200/300 dpi, USB 2.0, Flatbed max document size: 8.5 in. x 11.7 in., 50 page ADF, PaperStream IP (TWAIN/ISIS) for SP Series, PaperStream Capture Lite, Presto! PageManager, ABBYY FineReader Sprint, Central Admin, Error Recovery 695.00 625.50
fi-7030 27 ppm / 54 ipm @ 300 dpi Simplex/Duplex, 1000 Daily Duty Cycle, USB 2.0, 50 page ADF, Ultrasonic Intelligent Multifeed Function Double Feed Detection, Long document scanning 220", Daily Duty Cycle up to 1000, Paper Stream IP (TWAIN/ISIS), Paper Stream Capture, Central Admin
600.00 540.00
N7100 25 PPM Simplex, 50 IPM Duplex, 600 dpi, PC-free standalone & Ethernet connected, Vibrant color, touch screen for doc view, Batch queue system, Trade Compliant, PaperStream IP image clean up, PDF output, remote management tools 1,895.00 1,705.50
SP-1130 30 ppm, 1 year Depot, Power Adapter, Power Cable, USB 2.0 Cable, Software Suite - PaperStream IP Driver (TWAIN & ISIS™)*8, PaperStream Capture, Software Operation Panel, Error Recovery Guide, Presto!™ PageManager™, ABBYY™ FineReader™ Sprint, Scanner Central Admin Agent
495.00 445.50
ScanSnap iX1500 30 PPM scanning, Intuitive 4.3 in. Touch Screen, 50 page ADF, Streak Reduction, USB or Wi-Fi connectivity, ScanSnap Home, ScanSnap Cloud
495.00 445.50
PA03360-0013 Carrier Sheet 5-pack 30.00 27.00
PA03770-0015 Photo Carrier Sheet 15.00 13.50
fi-800R 40 ppm/ 80 ipm, 600 dpi, 20 page ADF, ultra-compact design, thick document scanning (up to 5mm thick), Return Scan feeding, U-Turn Scan, Active Skew Correction, Automatic Stacking Control, Face recognition, MRZ Code recognition and data extraction, PaperStream IP driver (TWAIN/TWAIN x64/ISIS), WIA Driver, PaperStream Capture, Software Operation Panel, Error Recovery Guide, ABBYY FineReader for ScanSnap™, Scanner Central Admin
795.00 715.50
PA03795-0018 Booklet Carrier Sheet (1 Piece) 19.00 17.10 PA03360-0013 Carrier Sheets (5 Pieces) 30.00 27.00
PA03770-0015 Photo Carrier Sheets (3 Pieces) 15.00 13.50 CG01000-297601 Space Savings USB (90 Degree) 15.00 13.50 CG01000-297701 Reverse Path Stacker 25.00 22.50
NOTE: Scanner Maintenance Pricing is availbale upon request. Please contact your Government & Major Account Manager for more information.

Category F Scanner Pricing
NASPO ValuePoint Contract #140603
Sharp Electronics is not responsible for typographical errors. Designs and specifications are subject to change without notice. 24 January 2023

City Council
18 –
29 2/21/2023

Fujitsu Model /
Part Number Description MSRP NASPO
Price
Category F Scanner Pricing
NASPO ValuePoint Contract #140603
fi-7300NX 60 PPM / 120 IPM Color, Grayscale, Monochrome @200/300 dpi, USB 3.0 connectivity, 80- page ADF, Color touch screen, LED light-source, Dual CCD, Intelligent multi-feed function, Acoustic & timing paper protection, Scanner Central Admin, NX Manager for PC-less scanning, PaperStream IP on Net TWAIN & ISIS Drivers
$1,395.00 $1,255.50
PA03360-0013 Carrier Sheet 5-pack 30.00 27.00
fi-7160 Deluxe Bundle 60 PPM / 120 IPM Color, Grayscale, Monochrome @200/300 dpi, USB 3.0 connectivity, 80- page ADF, LED light-source, Dual CCD, Intelligent multi-feed function, Acoustic & timing paper, protection, Scanner Central Admin, PaperStream IP, PaperStream Capture Pro, ScanSnap mode
1,495.00 1,345.50
fi-7160 60 PPM, 8.5X14, B&W/24-bit Color, USB 3.0, Duplex, 80 Page ADF, PaperStream IP (TWAIN/ISIS), USB Cable, PaperStream Capture, LED light-source, Acoustic and Timing Paper Protection functionality, Central Admin
1,195.00 1,075.50
PA03670-D201 Imprinter 595.00 535.50
fi-7260 60 PPM, 8.5X14, B&W/24-bit Color, USB 3.0, Duplex, 80 Page ADF, Built-in flatbed, PaperStream IP (TWAIN/ISIS), USB Cable, PaperStream Capture, LED light-source, Acoustic and Timing Paper Protection functionality, Central Admin 1,995.00 1,795.50
PA03670-D801 Black Flatbed Pad 57.00 51.30
fi-7180 80 PPM, 8.5X14, B&W/24-bit Color, USB 3.0, Duplex, 80 Page ADF, PaperStream IP (TWAIN/ISIS), USB Cable, PaperStream Capture, 2D Barcode Support, LED light-source, Acoustic and Timing Paper Protection functionality, Central Admin 1,995.00 1,795.50
PA03670-D201 Imprinter 595.00 535.50
FI-7280 80 PPM, 8.5X14, B&W/24-bit Color, USB 3.0, Duplex, 80 Page ADF, Built-in flatbed, PaperStream IP (TWAIN/ISIS), USB Cable, PaperStream Capture, 2D Barcode Support, LED light-source, Acoustic and Timing Paper Protection functionality, Central Admin 2,495.00 2,245.50
PA03670-D801 Black Flatbed Pad 57.00 51.30
fi-7480 80 PPM/160 IPM @300 dpi Landscape, Simplex/Duplex, USB 3.0, 100-page ADF, Ultrasonic Intelligent MultiFeed , Hard card & long document scanning, Bundled w/ PaperStream IP, (TWAIN/ISIS) driver, 2D Barcode for PaperStream, PaperStream Capture, Scanner Central Admin Agent
3,995.00 3,595.50
PA03710-D401 Imprinter 995.00 895.50
fi-7600 100 ppm/200 ipm (200/300 dpi) A4 landscape in color or monochrome, 300 page ADF capacity, capable of scanning various thickness & sizes, Paper Protect function, LCD panel, PaperStream IP (TWAIN/ISIS), PaperStream Capture 5,995.00 5,395.50
PA03740-D101 fi-760PRB Post Imprinter Backside 1,295.00 1,165.50 fi-7700 100 ppm/200 ipm (200/300 dpi) A4 landscape in color/monochrome. 0.6 seconds (Flatbed), 300 page ADF capacity, capable of scanning various thickness & sizes, Paper Protect function, LCD panel, 180 degrees movable ADF, PaperStream IP (TWAIN/ISIS), PaperStream Capture
7,995.00 7,195.50
PA03338-D960 Black Background for Flatbed 78.00 70.20
NOTE: Scanner Maintenance Pricing is availbale upon request. Please contact your Government & Major Account Manager for more information.

Sharp Electronics is not responsible for typographical errors. Designs and specifications are subject to change without notice. 25 January 2023

City Council
18 –
30 2/21/2023

Fujitsu Model /
Part Number Description MSRP NASPO
Price
Category F Scanner Pricing
NASPO ValuePoint Contract #140603
fi-7800 High-speed 110 ppm / 220 ipm at 300 dpi color (fi-7800), Large capacity 500-page feeder, LDC display panel, lag detection, skew reducer, Intelligent Multi-Feed Function, Automatic Separation Control, Stacking Control, Elevator Stacker, Scans double letter size (12 x 17 in.) documents as well as long documents (up to 220 in.), Cleaning Mode, Advanced Cleanup Technology, Bundled software includes PaperStream IP driver (TWAIN/TWAIN x64/ISIS), WIA Driver*¹⁰, PaperStream Capture, 2D Barcode for PaperStream*¹¹, Software Operation Panel, Error Recovery, Guide, Scanner Central Admin $10,995.00 $9,895.50
fi-7900 High-speed 140 ppm / 280 ipm at 300 dpi color, Large capacity 500-page feeder, LDC display panel, lag detection, skew reducer, Intelligent Multi-Feed Function, Automatic Separation Control, Stacking Control, Elevator Stacker, Scans double letter size (12 x 17 in.) documents as well as long documents (up to 220 in.), Cleaning Mode, Advanced Cleanup Technology, Bundled software includes PaperStream IP driver (TWAIN/TWAIN x64/ISIS), WIA Driver*¹⁰, PaperStream Capture, 2D Barcode for PaperStream*¹¹, Software Operation Panel, Error Recovery, Guide, Scanner Central Admin 15,995.00 14,395.50
NOTE: Scanner Maintenance Pricing is availbale upon request. Please contact your Government & Major Account Manager for more information.

Sharp Electronics is not responsible for typographical errors. Designs and specifications are subject to change without notice. 26 January 2023

City Council
18 –
31 2/21/2023

HEIGHTENED SECURITY ENSURES CONFIDENTIALITY
Sharp’s industry-leading document and device protection ensures confidentiality and safeguards your assets.

Protect Your Data
As the leader in office equipment security, Sharp makes it easy for any business or government entity to safely deploy and facilitate secure printed documents.

As MFPs and printers become a part of an organization’s integrated document workflows and business processes, security becomes a serious concern. Securely managing business and user data is critical for corporations to be successful but that can add greater complexity as they are associated with various sources and formats.

Sharp helps IT managers minimize such concerns and optimize security management by providing integrated security features.

Data and Information Security
Standard MFP security coupled with the optional Data Security Kit (DSK) protects and controls the major MFP systems and subsystems (print, copy, scan, fax jobs, network settings, memory components, local user interface). The Sharp data encryption method uses the Advanced Encryption Standard (AES) algorithm 256* bit on all data before it is written to RAM and the hard disk drive. It also provides overwriting routines for deleted data to ensure that all information is virtually irretrievable by unauthorized users.

MEETING SECURITY STANDARDS AND CERTIFICATIONS
Security for Private Sector and Corporate Organizations Sharp MFPs provide robust, complete control over information access, transmission and tracking to facilitate compliance with stringent mandates. By implementing the Sharp Security Suite, Sharp MFPs can help banks and investment institutions meet the privacy requirements of the Gramm-Leach-Bliley (GLB) Act. Insurance and healthcare providers can maintain Health Insurance Portability and Accountability Act (HIPAA) compliance with confidence. Businesses across all industries will benefit from the strict controls over financial information required under the Sarbanes-Oxley (SOX) Act.

Security for Public Sector and Government Organizations Threats to government infrastructure are rapidly growing and the number of attacks continue to rise. On one hand, information sharing is critical for the efficiency of these organizations. On the other hand, security management is becoming more challenging for IT managers. Sharp can help your organization meet US government information security requirements through ISO 15408/Common Criteria certifications or features such as Common Access Card (CAC)/ Personal Identity Verification (PIV) authentication to maintain security clearance to protect classified data. * Encryption level is varies per model.
27 January 2023

City Council
18 –
32 2/21/2023

ENVIRONMENTAL CONSERVATION
Sharp’s ongoing commitment and dedication to developing eco- friendly document systems set a high standard for the industry An Environmentally Responsible Approach to Product Design Our document systems utilize Sharp’s advanced micro-fine toner technology, which offers a lower consumption rate and produces less waste, resulting in longer replacement intervals. Sharp supplies are packaged using fully recyclable materials. Long-life consumable parts help minimize service intervals and downtime, resulting in lower operating costs. Energy-saving modes allow power to be reduced or shut off at set intervals. And, Sharp document systems are RoHS compliant to meet the latest green initiatives.

Special Recognition for Energy Efficient Product Design In 2014, Sharp received special recognition by the US Environmental Protection Agency (EPA) for Energy Efficient Product Design. Sharp is recognized for its participation in providing valuable insight and information in

ENERGY STAR
® ’s specification revision process and by demonstrating creativity in helping the EPA address and resolve technical challenges to build robust specifications.

Sharp Business Products are EPEAT® Certified
EPEAT (Electronic Product Environmental Assessment Tool) is a 3rd party global rating system for greener electronics that requires ongoing independent verification of manufacturer claims. Businesses, government agencies, schools, hospitals and other institutions are using EPEAT as the environmental benchmark to help them make informed purchasing decisions. By using EPEAT standards to purchase greener electronics, you will be assuring your organization’s environmental sustainability goals and help to preserve our natural resources.

Sharp’s Environmental Leadership
As a testament to our commitment to the environment, Sharp was a former recipient of the Excellence in Partnership Green Contractor Award and the Evergreen Award from the U.S. Government’s General Services Administration and the Coalition for Government Procurement.

The Green Contractor Awardrecognizes contractors that have made the best overall commitment to the environment by offering environmentally friendly products and services or adhering to environmentally sound manufacturing procedures.

The
Evergreen Awardidentifies environmentally-friendly businesses and their efforts in recycling and waste reduction practices. Please visit www.sharpusa.com/environment to learn more about our environmental leadership.

Toner Recycling Program
As part of our commitment to preserving the environment, Sharp has partnered with a zero waste to landfill recycler for recycling all Sharp consumables including cartridges, bottles, waste collection containers and drum units. Customers can participate in Sharp’s free Stop, Drop, Recycle Program by visiting our website: www.sharpusacom/recycle.

Sharp’s commitment to the environment
sets a high standard for the industry.
28 January 2023

City Council
18 –
33 2/21/2023

BRISBANE CATHEDRAL CITY CERRITOS
A2Z Business Systems Valley Office Equipment Advanced Copiers & Printers 415-656-2400 760-321-1560 949-529-1401

CERRITOS CERRITOS CHICO/ REDDING
Choice Technical Services, Inc. Young Systems Smile Business Products 714-522-8123 562-921-2256 530-899-6977

CHICO CHULA VISTA EL CENTRO
Coastal Business Systems, Inc. Copy Link AM Copiers, Inc 530-892-2146 619-424-8000 760-352-6007

EUREKA FREMONT FRESNO
Coastal Business Systems, Inc. Caltronics CPO GoodSuite 707-445-3095 408-835-7894 559-446-0123

IRVINE NAPA/NORTH BAY PLEASANTON
Cell Business Equipment Smile Business Products Pacific Office Automation 949-830-1400 (Call for locations) 707-526-7701 925-398-4200

PLEASANTON REDLANDS ROCKLIN
Sharp Business Systems Burtronics Business Systems, Inc. Caltronics CPO 925-417-8400 909-885-7576 916-363-2666

SACRAMENTO SALINAS/MONTEREY SAN BERNARDINO
Smile Business Products Smile Business Products Advanced Copy Systems 800-790-7701 831-758-1474 909-889-4006

SAN DIEGO SAN LUIS OBISPO SANTA ANA
Velocity Imaging Products Ultrex Business Products C3 Office Solutions Llc 619-433-8004 877-503-8755 714-689-1700

SANTA ANA SANTA CLARA SANTA CLARITA
Pacific Office Automation Pacific Office Automation Image 2000 562-298-1200 408-998-8160 818-781-2200

SANTA FE SPRINGS SANTEE STOCKTON/LATHROP/EAST BAY
Pacific Office Automation Sharp Business Systems Smile Business Products 562-298-1200 619-258-1400 209-858-4410

SUNNYVALE TORRANCE TUSTIN
Caltronics CPO Pacific Business Technologies 360 DTII
408-727-3310 310-787-8300 866-360-9697

VAN NUYS VAN NUYS VAN NUYS
BMC, Inc. LDI CA, LL Pacific Business Technologies, LLC 818-787-2622 818-781-8110 818-726-6453

VICTORVILLE WOODLAND HILLS
Office Works dba Western Office GoodSuite
760-241-7111 818-874-1200
SB Certified Small Business
SBM Certified Small Business (Micro)
Revised 1/13/2023
NASPO ValuePoint Contract #140603
State of California Contract # 7-19-70-46-07
Authorized Dealer Listing
DVBE Certified Disabled Veteran Business Enterprise
SBM
SBM
SBM
SBM
DVBE
SBM
SB
SBM
SBM
DVBE
SBM
SBM
29 January 2023

City Council
18 –
34 2/21/2023

Sharp. Leading the Industry
NASPO ValuePoint – Contract #7-19-70-46-07
For additional information on Sharp equipment visit https://contract.sharpamericas.com/naspo 30 January 2023

City Council
18 –
35 2/21/2023

City Council
18 –
36 2/21/2023

City Council
18 –
37 2/21/2023

City Council
18 –
38 2/21/2023

City Council
18 –
39 2/21/2023

City Council
18 –
40 2/21/2023

City Council
18 –
41 2/21/2023

City Council
18 –
42 2/21/2023

City Council
18 –
43 2/21/2023

City Council
18 –
44 2/21/2023

Community Development Agency
santa-ana.org/community-development
Item # 19
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 21, 2023
TOPIC: Agreement with DTSA Services Downtown Santa Ana Clean & Safe Program AGENDA TITLE:

Agreement with DTSA Services for Downtown Santa Ana Clean & Safe Program

RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with DTSA Services for the Downtown Santa Ana Clean & Safe Program, for a total agreement amount not to exceed $5,098,307, which includes a 10-percent contingency, for a three-year term beginning March 1, 2023 and expiring February 29, 2026 with an option for one two- year extension, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
Downtown Santa Ana is the urban center, county seat, and heart of Orange County.

With its rich culture and history, it is the perfect environment for retail, restaurants, and an attractive destination for regional visitors and local residents. Downtown Santa Ana is home to over 600 businesses, approximately 3,000 residents, over 90 historic properties, and over 1,000 visitors daily. An integral part of offering a desirable Downtown to guests, residents, and businesses is by ensuring that the area is clean and safe. Due to the combination of increased businesses, residents, and visitors in the historic area, there is a greater need to require cleaning, maintenance, and special event adaptations.

Due to the recent disestablishment of the Business Improvement District, the City terminated the agreement with Downtown Inc. for Clean and Safe services. On December 7, 2022, in response to the continued need for clean and safe services, the Community Development Agency released a Request for Proposals (RFP) for clean and safe services in the downtown (Exhibit 1). The procurement and terms of the agreement were guided by the City’s Purchasing Division and emulated the same process followed by both Parks and Recreation and Public Works Agency for their past maintenance contracts.

Requirements of the RFP included: litter maintenance, special events clean-up, power washing, daily cleaning of City infrastructure (bollards, light posts, benches), cleaning

City Council
19 –
1 2/21/2023

Agreement with DTSA Services Downtown Santa Ana Clean & Safe Program February 21, 2023

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and maintenance of parklets, alley cleaning, bus stop cleaning, street closure equipment set-up and breakdown, and security guard procurement and oversight.

Seven proposals were received in response to the RFP. The proposals were evaluated by a rating committee comprised of five representatives from the following departments:

Public Works, Community Development, and Parks and Recreation. The evaluations were based on several criteria including: responsiveness to RFP, experience of firm and personnel, reasonableness of cost, bonus points for experience in Santa Ana, and references. The maximum score was 110 points. Table 1 below provides the ranking of each proposal.

Table 1
Rank Proposer Scores
1 DTSA Services 103
2 Superior Property Services, Inc. 88
3 Swayzer Corporation 87
4 Universal Building Maintenance, LLC 84
5 DMS Facility Services 81
6 Priority Building Services, LLC 72
7 Citiguard Inc. 25

The evaluation committee determined that DTSA Services was the top proposer and received the highest overall ranking as a result of their proposal and oral interview/presentation.

DTSA Services presented the best and most qualified proposal and diligently addressed their proposed operations, staffing plan, equipment, and ambassadors program. DTSA Services also provided several valuable suggestions to accommodate the growing needs of Downtown Santa Ana and had a reasonable cost for the services. DTSA Services has been in business since 2014 and have in-depth familiarity with Downtown Santa Ana as they were the current provider of clean and safe services for the downtown since 2015.

Some highlights of the value-added service with DTSA Services include: a) an office in Downtown Santa Ana, b) secured storage for equipment within Downtown, c) provide a 5-minute response time for businesses, d) serve as visitor ambassadors, and e) have a competent staff that live in Santa Ana. DTSA Services focuses on customer service and will enhance cleaning services to include power washing, maintenance, and overall pleasant experience for all visitors (Exhibit 2).

FISCAL IMPACT
The current fiscal year funding is available in the FY 2022-23 budget and future fiscal year funding will be included in the proposed budgets for City Council consideration.

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Agreement with DTSA Services Downtown Santa Ana Clean & Safe Program February 21, 2023

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Fiscal
Year
Accounting Unit-
Account #
Fund
Description
Accounting Unit,
Account Description Amount
FY 22-23
(Mar-Jun) 02718133-62300 Downtown
Enhancement
Downtown
Enhancements
Contract Services
$182,671
ARPA
FY 22-23
(Mar-Jun)
18118013-62300 Revive Santa
Ana Program
Revive Santa Ana
Program $71,429
FY 23-24
(Jul-Jun) 02718133-62300 Downtown
Enhancement
Downtown
Enhancements
Contract Services
$629,249
ARPA
FY 23-24
(Jul-Jun)
18118013-62300 Revive Santa
Ana Program
Revive Santa Ana
Program $214,286
FY 24-25
(Jul-Jun) 02718133-62300 Downtown
Enhancement
Downtown
Enhancements
Contract Services
$808,486
ARPA
FY 24-25
(Jul-Jun)
18118013-62300 Revive Santa
Ana Program
Revive Santa Ana
Program $214,286
FY 25-26
(Jul-Jun) 02718133-62300 Downtown
Enhancement
Downtown
Enhancements
Contract Services
$1,073,910
FY 26-27
(Jul-Jun) 02718133-62300 Downtown
Enhancement
Downtown
Enhancements
Contract Services
$1,127,606
FY 27-28
(Jul-Feb) 02718133-62300 Downtown
Enhancement
Downtown
Enhancements
Contract Services
$776,384
Total $5,098,307

EXHIBIT(S)

1. Request For Proposal

2. Agreement
Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Kristine Ridge, City Manager

City Council
19 –
3 2/21/2023

1 REQUEST FOR PROPOSALS (RFP) NO. 22-168
FOR

DOWNTOWN SANTA ANA CLEAN & SAFE TEAM

CITY OF SANTA ANA
KEY RFP DATES: The schedule below is tentative and subject to change at the discretion of City, with appropriate notice to prospective Proposers.

Issue Date: Wednesday, December 7, 2022
Pre-Proposal Meeting & Job Walk: Tuesday, December 20, 2022, 10:00 AM Deadline for Questions: Wednesday, December 21, 2022, 4:00 PM Proposal Due Date: Tuesday, January 10, 2022, 4:00 PM City Council Meeting: Tuesday, February 21, 2022
Contract Start: On or about March 1, 2022
EXHIBIT 1

City Council
19 –
4 2/21/2023

CITY OF SANTA ANA

2 TABLE OF CONTENTS

I. BACKGROUND ................................ ................................ ................................ ........................... 3 II. PRE-PROPOSAL MEETING AND JOB WALK ................................ ................................ ............ 3 III. OVERVIEW OF PROJECT ................................ ................................ ................................ .......... 3 IV. SCOPE OF SERVICES ................................ ................................ ................................ ............... 3 V. TERM OF AGREEMENT ................................ ................................ ................................ ............. 4 VI. MINIMUM QUALIFICATIONS ................................ ................................ ................................ ...... 4 VII. RESPONSE TO RFP ................................ ................................ ................................ .................. 4 VIII. CERTIFICATIONS (ATTACHMENTS) ................................ ................................ ......................... 8 IX. REFERENCES ................................ ................................ ................................ ............................ 8 X. SELECTION PROCEDURES & CRITERIA ................................ ................................ ............... 11 XI. WITHDRAWALS................................ ................................ ................................ ........................ 12 XII. GENERAL TERMS AND CONDITIONS ................................ ................................ .................... 12 XIII. AWARD OF AGREEMENT ................................ ................................ ................................ ........ 17 XIV. IMPLEMENTATION ................................ ................................ ................................ ................... 17

EXHIBITS
(Exhibits provided herein for Proposers’ reference only.)

EXHIBIT I – SCOPE OF SERVICES
EXHIBIT II – SAMPLE BUDGET
EXHIBIT III – SAMPLE AGREEMENT
EXHIBIT IV – FEDERAL REGULATIONS

ATTACHMENTS
(Attachments must be signed and included with the proposal.)

A PROPOSER’S CERTIFICATION, PROPOSAL ITEM PRICING

B REFERENCES
C PROPOSER’S STATEMENT

D NON-COLLUSION AFFIDAVIT

E NON-LOBBYING CERTIFICATION

F NON-DISCRIMINATION CERTIFICATION

EXHIBIT 1

City Council
19 –
5 2/21/2023

CITY OF SANTA ANA

RFP No. 22-168 Downtown Santa Ana Clean & Safe Team 3

I. BACKGROUND
Incorporated in 1886, Santa Ana, a Charter City, established a Council -Manager form of government in 1952. The City Council is composed of seven members; the M ayor elected at large and six Council members elected by ward, who appoint the City Manager, City Attorney and Clerk of the Council. The City of Santa Ana (City) is a full -service City with a diverse population of approximately 335,000.

The City’s eleven agencies provide all the traditional municipal services, as well as water utility, library system, 20-acre zoo, City Jail, Police Department, and contracts with the Orange County Fire Authority for provision of fire services. The City employs 1,178 authorized full-time positions and has an annual citywide budget is $646 million, including the General Fund budget of $316 million.

The City of Santa Ana is located 10 miles inland from the Pacific Ocean, 33 miles southeast of Los Angeles and 90 miles north of San Diego. The City, which is the county seat of Orange County, encompasses an area of approximately 27 square miles and is the 11th lar gest by population in California.

II. PRE-PROPOSAL MEETING AND JOB WALK
An optional pre-proposal meeting will be held on the date and time specified on the cover page of this RFP.

Location of meeting: Corner of 4th Street and French Street Santa Ana, CA 92701

Note: A nearby parking structure is available at 300 E. 5th Street, Santa Ana, CA 92701.

Parking is free on Monday through Friday from 7:00 AM – 5:00 PM. The City is not responsible nor shall it reimburse proposers for any fees associated with parking.

III. OVERVIEW OF PROJECT
The City of Santa Ana (City) is seeking proposals from qualified contractors (Proposers) to provide a variety of cleaning/janitorial and security oversight services for Downtown Santa Ana as described in Section IV Scope of Services.

The term “Vendor”, “Proposer”, and “Contractor” shall refer to any legal entity or entities submitting a proposal in response to this Request for Proposals (RFP).

IV. SCOPE OF SERVICES
SEE EXHIBIT 1 – SCOPE OF SERVICES

Usage is not guaranteed. Execution of an agreement between the City and successful firm(s) and/or individual(s) does not guarantee work throughout the duration of the contract period.

Numerous factors will be evaluated by the City in its delivery of project and assignments, including technical expertise required.

EXHIBIT 1

City Council
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6 2/21/2023

CITY OF SANTA ANA

RFP No. 22-168 Downtown Santa Ana Clean & Safe Team 4

V. TERM OF AGREEMENT
The anticipated term of the agreement is for an initial period of five (5) years with a start date of March 1, 2023 . The City may, at its discretion, extend the agreement with the same or more limited scope of required services for one additional two-year period, upon mutual agreement contingent upon City Council app roval, or City Manager or City Attorney authorization, as appropriate. The total term of the awarded agreement shall not exceed seven (7) years.

VI. MINIMUM QUALIFICATIONS
SEE EXHIBIT I – SCOPE OF SERVICES

VII. RESPONSE TO RFP
A. SUBMITTAL INSTRUCTIONS
It is the re sponsibility of the Proposer to ensure that any proposals submitted have been uploaded to PlanetBids prior to the RFP due date and time. Proposals, including all required sections and forms, shall be submitted electronically via the City’s Bid Management System, PlanetBids. No other form of submittal will be accepted.

PlanetBids will not accept late proposals and no exceptions shall be made. Proposers will receive an e-bid confirmation number with a time stamp from PlanetBids indicating that their proposal was submitted successfully. The City will only receive and consider those proposals that were transmitted successfully. Submit proposal online at:
http://www.planetbids.com/portal/portal.cfm?CompanyID=20137.

Proposer shall be solely responsible for informing itself with respect to the proper utilization of the bid management system, for ensuring the capability of their computer system to upload the required documents, and for the stability of their internet service. Failure of the Proposer to successfully submit an electronic proposal shall be at the Proposer’s sole risk and no relief will be given for late and/or improperly submitted proposals. Proposers experiencing any technical difficulties with the bid submission process may contact PlanetBids at (818) 992 - 1771. Questions of an operational nature may be directed to the City’s assigned Buyer.

Neither the City, nor PlanetBids, makes any guarantee as to the timely availabilit y of assistance, or assurance that any given problem will be resolved by the bid submission deadline.

In addition to the above electronic submission instructions, one USB flash drive containing a copy of the complete proposal packet and five (5) hard copies must also be submitted. Please see paper submission instructions at Section VI RESPONSE TO RFP, F Proposal Contents, No.3 Number of Proposal Copies and Signature.

Proposals shall NOT be sent via telegraphic, electronic, or facsimile means.

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

EXHIBIT 1

City Council
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7 2/21/2023

CITY OF SANTA ANA

RFP No. 22-168 Downtown Santa Ana Clean & Safe Team 5

B. COMMUNICATION / CONTACT WITH CITY STAFF
Unless otherwise authorized herein, Proposers who are considering submitting a proposal in response to this RFP , or who submit a proposal in response to this RFP, are only to communicate with the assigned Project Coordinator(s), and no other City staff about this RFP from the date this RFP is issued until a contract is awarded. The City will provide all official communication concerning this RFP in writing via the City’s Bid Management System, PlanetBids.

The City will not be responsible for or bound by any oral communication or any other information or contact that occurs outside the official communication process specified herein, unless confirmed in writing by the designated Project Manager(s).

C. REQUEST FOR INFORMATION OR CLARIFICATION / QUESTIONS Questions regarding this RFP shall be submitted via PlanetBids. Responses to all questions will be posted on PlanetBids no later than the date and time shown at the schedule of key RFP dates on the cover page of this RFP . All prospective Proposers are advised to visit PlanetBids on a regular basis as responses may be post ed 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 co nditions, including modifications to the City’s RFP and/or Contract terms and conditions must be submitted by the deadline for questions. Such requests should include an attachment in Word or PDF format on formal company letterhead that shows the requested modifications.

Significant interpretations or clarifications and responses to questions received by the deadline will be addressed via addenda to this RFP, which will be released and posted on PlanetBids under the “Addenda/Emails” tab.

General process questions may be directed to the following:

Megan Ornelas
Buyer
[email 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 informa tion regarding this solicitation.

E. UNDERSTANDING PROPOSAL
It is the responsibility of each Proposer to inquire about any criteria, condition, term, provision, or requirement of the RFP that the Proposer does not understand. Responses to inquiries, if they significantly change or clarify the RFP requirements or any aspect of the procurement process, will be forwarded by addenda to all Proposers. The City will not be bound by any oral responses to inquiries. By submitting proposals, Proposers assert that they have fully read the RFP and any addenda issued by the City, the proposed Contract and any other Contract Documents, and affirm that the terms and conditions stated therein are fully understood and are acceptable to the Proposer. Each Proposer accepts the terms and conditions of the Contract Documents and indicates their ability and willingness to perform EXHIBIT 1

City Council
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8 2/21/2023

CITY OF SANTA ANA

RFP No. 22-168 Downtown Santa Ana Clean & Safe Team 6

the requested services under such terms and conditions. Any exceptions to the terms and conditions set forth in the Contract Document shall be submitted to the City by the deadline to submit requests for information or clarification/questions set forth herein.

F. PROPOSAL CONTENTS
Proposals are to be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Colored displays, promotional materials, photographs etc., are not necessary or desired. Emphasis should be concentrated on conformance to RFP instructions, responsiveness to the RFP requirements, and on completeness and clarity of content. Digital dividers and clear organization of content and material are encouraged.

All proposal submissions shall be on 8-1/2” x 11” white paper.

1. Statement of Qualifications (SOQ)
SOQ must include a Table of Contents and be limited to a maximum of 10 pages (excluding section dividers and exhibits). The page limitation includes all appendices, attachments, and supplemental information. Additionally, SOQ must include the following:
a. Cover Letter
Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. Include type of business entity.

Cover Letter shall not exceed one page.

Cover letter must be addressed to the following City Project Manager:

Julie Castro, Economic Development Specialist II
City of Santa Ana – Department
20 Civic Center Plaza
Santa Ana, CA 92701

b. Services Provided
A description of proposed services to be provided and how they meet the needs of the City as described in Section III – Scope of Services (and see Exhibit I – Scope of Services) (Above).

c. Agreement Statement
Proposal shall include a statement outlining your concurrence or concerns with any and all provisions as contained in EXHIBIT III – Sample Agreement of this RFP (if any).
d. Firm and Team Experience
Proposal shall include a profile of the firm’s experience including the following:
i. A general description of the firm, including size and number of employees working directly with the City on this agreement.
ii. Firm’s nearest address servi ng the City of Santa Ana and headquarters address.
iii. Name and contact information of the supervising Project Manager/Principal Agent, to be assigned to the agreement. The Project Manager/Principal EXHIBIT 1

City Council
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9 2/21/2023

CITY OF SANTA ANA

RFP No. 22-168 Downtown Santa Ana Clean & Safe Team 7

Agent shall be the primary contact person to represent your f irm and will be the person to conduct the presentation, if invited to an interview.

e. Proposed Work Plan
Proposal shall include a statement demonstrating the firm’s understanding of the Scope of Services.

Additionally, proposed work plan shall include Proposers’:
i. Anticipated approach to performing services as specified herein; ii. Suggestions or special concerns the evaluation committee should take into consideration (if any);
iii. Description of deliverables and implementation plan. Proposer shall submit a general description of the deliverables, implementation plan, and timeline.

f. Criteria: three (3) pages maximum, 1.5 spaced, Times New Roman, 11 pt. font, one inch margins.

g. References: Attachment B – References shall be submitted for similar projects performed for state and/or similar government clients.

2. Cost Proposal
All Proposers are required to submit a fixed rate fee with their Cost Proposal. Pricing instructions should be clearly defined to ensure fees proposed can be compared and evaluated. Cost Proposal must include a payment schedule if applicable. City reserves the right to negotiate compensation and/or payment schedule prior to award of any resulting agreement.

The City shall not provide reimbursement for travel -related expenses, mileage, parking, lodging, meals, incidental fees, insurance, freight/shipping and handling/delivery, and any other business expenses, supplies and materials related to providing services as specified herein. Additional costs will not be considered and will not be reimbursed by the City, therefore, such costs must be absorbed in Proposer’s cost proposal fee structure Proposals shall be valid for a minimum of one hundred eighty (18 0) days following Proposal deadline. The cost for developing the Proposal is the sole responsibility of the Proposer. All Proposals submitted become property of the City.

See Exhibit II – Sample Budget

3. Number of Proposal Copies and Signature
In addition to the online submittal of proposals by the deadline specified on the cover page of this RFP, one USB flash drive containing a copy of the complete proposal packet five (5) hard copies of Respondent’s proposal shall be signed by a company official with the authority to bind the company and mailed or delivered in a sealed envelope or box to the City’s Project Manager listed above under Section F. Proposal Contents, at No. 1 Statement of Qualifications (SOQ) , a. Cover Letter ( addressed to attention of Project EXHIBIT 1

City Council
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10 2/21/2023

CITY OF SANTA ANA

RFP No. 22-168 Downtown Santa Ana Clean & Safe Team 8

Manager) Additionally, one (1) copy of your Cost Proposal must be submitted electronically to PlanetBids (see Section A – Submittal Instructions).

Sealed envelope or box with proposal documents shall be clearly labeled as follows:

RFP 22-168 Downtown Santa Ana Clean & Safe Team

NOTE: Electronic, paper/hard copies, and USB flash drive must all be submitted to the City as specified above by the deadline to submit proposals. No exceptions shall be made.

VIII. CERTIFICATIONS (ATTACHMENTS)
In addition to the SOQ, Narrative/Technical Proposal, and Cost Proposal, t he following forms, included in this RFP, shall be signed and included as part of the proposal submittal package:
• Attachment A: Proposer’s Certification and Proposal Item Pricing • Attachment B: References
• Attachment C: Proposer’s Statement
• Attachment D: Non-Collusion Affidavit
• Attachment E: Non-Lobbying Certification
• Attachment F: Non-Discrimination Certification

The proposal must be completely responsive to the RFP. Incomplete proposals will be deemed as nonresponsive and will be rejected. The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any commitment will be awarded pursuant to this RFP or otherwise.

PLEASE NOTE: City will not be waive notarization requirement when applicable on any of the required attachments.

IX. REFERENCES
Contractor shall provide three (3) references from other similar public agencies for which services similar to those specified in this RFP have been performed, including contact names and telephone numbers. Use ATTACHMENT B – References. The respondent grants permission for the City to contact any individuals listed as references.

City may disqualify a Proposer if:
• References fail to substantiate Proposer’s description of services and deliverables provided; or

• References fail to support tha t Proposer has a continuing pattern of providing capable, productive, and skilled personnel, or

• City is unable to reach the point of contact with reasonable effort. It is the Proposer’s responsibility to inform the point of contact(s) of normal City working hours.

EXHIBIT 1

City Council
19 –
11 2/21/2023

CITY OF SANTA ANA

RFP No. 22-168 Downtown Santa Ana Clean & Safe Team 9

The selected Proposer shall provide the required evidence of insurance coverage as set forth in the standard agreement within ten (10) business days after receipt of Notice of Intent to Award.

Contractor must maintain, for the duration of its contract, insurance coverages as required by the City.

Additionally, Contractor shall provide the following insurance coverage:

Coverage shall be at least as broad as:

• Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
• Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. • Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
• Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.

If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available ins urance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).

Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

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

EXHIBIT 1

City Council
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12 2/21/2023

CITY OF SANTA ANA

RFP No. 22-168 Downtown Santa Ana Clean & Safe Team 10

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

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the Entity. The Entity may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or Entity.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Entity.

Claims Made Policies (note – should be applicable only to professional liability, see below) If any of the required policies provide claims-made coverage:

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

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

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

Verification of Coverage
Contractor shall furnish the Entity wit h 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 Contrac tor shall ensure that Entity is an additional insured on insurance required from subcontractors.

Special Risks or Circumstances
Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

EXHIBIT 1

City Council
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13 2/21/2023

CITY OF SANTA ANA

RFP No. 22-168 Downtown Santa Ana Clean & Safe Team 11

X. SELECTION PROCEDURES & CRITERIA
A. The City will establish a proposal review committee. The review committee will evaluate proposals based on the response to the RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth below.

B. Proposers will be ranked by the review committee based on the following criteria:

C. A final score will be calculated for each submitted proposal and used to rank Proposers.

Based upon the foregoing criteria, all proposals shall be ranked by score. Only those proposals receiving a score above 70 will be considered for award. The City reserves the right to award the contract to any proposer(s) with a score above 70. The review committee will evaluate proposers based on their response to the RFP and the City evaluation criteria set forth above.

D. The City is under no obligation to accept any proposal and reserves the right to negotiate with respondents as to fees and terms. The City may reject proposals at its sole discretion.

If proposal fails to satisfy any requirements outlined in this RF P, it may be considered non- responsive and may be rejected.

The City shall not be obligated to accept the lowest priced proposals, but will make awards in the best interests of the City after all factors have been evaluated.

CATEGORY POINTS
Responsiveness to RFP
i. Proposal’s compliance with the requirements of this RFP. ii. Scope of Services offered including ability to provide optional services. iii. The value to any new and/or innovative product or service suggestions or other new ideas and enhancements.

25 Experience of Firm and Personnel
iv. The experience, resources, and qualifications of the firm and individuals assigned to this account, including manager, supervisor and assigned staff.

25 Cost of Proposal
v. Reasonable, scaleable, ability to increase or decrease based on service needs.
25 References
vi. References that are similar in size and project scope to the City.

25 Bonus Points
vii. Extra points provided for contractors that have an office in Santa Ana, have direct experience in DTSA, and have knowledge and relationships with Downtown Santa Ana businesses and residents.

10 TOTAL POSSIBLE SCORE 110
EXHIBIT 1

City Council
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14 2/21/2023

CITY OF SANTA ANA

RFP No. 22-168 Downtown Santa Ana Clean & Safe Team 12

The review committee will recommend the qua lified Proposers to the City Council or City Manager for award of contract, as appropriate.

E. The review committee may invite the proposers to interview. The City reserves the right to seek additional information from any or all Proposers invited to present proposals. A final score will be calculated for each submitted pro posal 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 19 90 (“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 propos als submitted and no representation is made hereby that any agreement will be awarded pursuant to this RFP or otherwise. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal.

D. CONFLICT OF INTEREST
Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of the City. This obligation shall apply to the Contractor; the Contractor’s employees, agents, and Subcontractors associated with accomplishing work and services hereunder. The Contractor’s efforts shall include, but not be limited to, establishing precautions to prevent its employees, agents, and Subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence City staff or elected officers from acting in the best interests of the City.

Each Proposer must disclose any existing or potential conflict of interest relative to the performance of the contractual services resulting from this RFP. Any such relationship that EXHIBIT 1

City Council
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15 2/21/2023

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might be perceived or represented as a conflict should be disclosed. The City reserves the right to disqualify any Proposer on the grounds of actual or apparent conflict of interest.

No person, firm, or subsidiary thereof who has been awarded this Contract may be awarded a Contract for the provision of services, the delivery of supplies, or the provision of any other related action which is required, suggested, or otherwise deemed appropriate as an end product of this Contract. Therefore, Contractor is precluded from contracting for any work recommended as a result of this Contract.

E. CONTRACTOR’S EXPENSE
Pre-Contractual Expenses: The City is not liable for any costs incurred by Proposers prior to entering into a formal contract. Costs of developing a response to this RFP, are entirely the responsibility of the Proposer, and shall not be reimbursed in any manner by the City. Pre - contractual expenses are not to be included in the cost proposal. Pre -contractual expenses include, but are not limited to, preparation of the proposal, submission of the proposa l and additional information, attendance at pre-proposal conference, negotiating any matter related to this RFP with City, and/or any other expenses incurred by the Proposer prior to the date of award and execution, if any, of the contract.

Other Expenses: The Contractor will be responsible for all costs related to photo copying, telephone communications, fax communications, and parking while on City sites during the performance of work and services under this Contract.

F. CONTRACTOR’S PROJECT MANAGER/KEY PERSONNEL
Except as formally approved by the City, the key personnel identified in Contractor’s proposal shall be the individuals who will actually complete the work. Changes in staffing must be reported in writing and approved by the City. The City shall have the right to require the removal and replacement of the Contractor’s Project Manager and key personnel under the awarded contract. The City shall notify the Contractor in writing of such action. The City is not required to provide any reason, rational e, or additional factual information if it elects to request any specific key personnel be removed from performing services under the awarded contract. The City shall review and approve the appointment of the replacement for the Contractor’s personnel. Said approval shall not be unreasonably withheld.

Standards of Conduct: Contractor’s personnel shall be courteous and maintain good working relationships with all stakeholders, state or outside agencies, other team members and staff within the City.

G. COST PROPOSAL
The awarded Contractor agrees to provide the purchased services at the costs, rates, and fees as set forth in their Fee Schedule in response to this RFP. No other costs, rates or fees shall be payable to the awarded Subcontractor for implementation of their proposal.

H. DATA RETENTION
Contractor shall be responsible for retaining data, records, and documentation for the preparation of required items. These materials shall be made available to and as requested by City.

All materials, documents, d ata or information obtained from the City Data files or any City medium furnished to Contractor in the performance of an awarded contract will at all times remain the property of the City. Such data or information may not be used or copied for direct or in direct use by Contractor after completion or termination of this Contract without the EXHIBIT 1

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express written consent of the City. All materials, documents, data or information, including copies, must be returned to the City at the end of the contract.

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

I. DRUG-FREE WORKPLACE
The awarded Contractor certifies compliance with Government Code Section 8355 in matters relating to providing a drug -free workplace. Failure to comply w ith these requirements may result in suspension of payments under the Contract or termination of the contract or both, and the Contractor may be ineligible for award of any future City contracts.

J. EXAMINATION
Proposer represents that it has thoroughly examined and become familiar with the services and responsibilities required this RFP and that it is capable of effectively and efficiently performing quality work to achieve the City’s objectives. Any attachments referenced herein or any interpretations, clar ifications or amendments subsequently posted in relation to this RFP are fully incorporated.

Any irregularities or lack of clarity in the RFP should be brought to the designated City Contact/Project Manager’s attention as soon as possible so that corrective addenda may be furnished to prospective Proposers.

Proposals which appear unrealistic in the terms of technical commitments, lack of technical competence, or are indicative of failure to comprehend the complexity and risk of this contract, may be rejected.

K. EXECUTION OF AGREEMENT
Upon successful negotiations, the City and the selected Proposer will enter into an Agreement similar to that as shown in EXHIBIT 2 – Sample Agreement of this RFP. If a Proposer is unwilling or unable to execute an Agreement with in thirty (30) days after being notified of selection under this RFP, the City reserves the right to disqualify them without any further obligation
L. FEDERAL GRANT CONTRACT PROVISIONS
Proposer must agree to the federal contract provisions outlined in the Uni form Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards at 2 CFR Part 200.326. These provisions will become part of the agreement resulting from this bid.

M. FISCAL NONFUNDING CLAUSE
In the event sufficient budgeted funds are not available for a new fiscal period, the City shall retain the right to notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period and terminate the contract on the last day of the current fiscal period without penalty or expense to the City.

N. JOINT OFFERS/SUBCONSULTANTS
Where two or more Proposers desire to submit a single proposal in response to this RFP, they should do so on a prime sub-consultant basis. The City intends to contract with a single firm, also known as the prime, and not with multiple firms doing business as a joint venture.

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Should the use of sub -consultants be offered, the Proposer shall provide the same assurances of competence for the sub -consultant plus the demonstrated ability to manage and supervise the subcontracted work. Sub -consultants shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all sub-consultants in the same manner as the Proposer. The proposer is responsible for all the actions taken by their sub-contractor.

The City reserves the right to reject, replace and approve any and all Subcontractors. All Subcontractor(s) shall be identified in the response to the RFP and the City reserves the right to reject any proposed Subcontractor(s). Subcontractors shall be the responsibility of the prime Contractor and the City shall assume no liability of such Subcontractors.

O. INDEPENDENT CONTRACTOR
Contractor is considered an independent Contractor and neither Contractor, its employees, nor anyone working under Contractor will be considered an agent or an employee of City.

Neither Contractor, its employees, nor anyone working under Contractor, will qualify for workers’ compensation or other fringe benefits of any kind through City.

P. JOINT OFFERS/SUBCONSULTANTS
Where two or more Proposers desire to submit a single Proposal in response to this RFP, they should do so on a prime sub-consultant basis. The City intends to contract with a single firm and not with multiple firms doing business as a joint venture. Should the use of sub - consultants be offered, the Proposer shall provide the same assurances of competence for the sub-consultant plus the demonstrated ability to manage and supervise the subcontracted work. Sub-consultants shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all sub -consultants in the same manner as the Proposer.

Q. LITIGATION STATUS
Each Proposer must include in its proposal a complete disclosure of any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the Proposer or in which the Proposer has been judged guilty or liable. Failure to comply with the terms of this provision will disqualify any proposal. The City reserves the right to reject any proposal based upon the Proposer’s prior history with the City or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to meet contract milestones or other contractual failures.

R. NEGOTIATIONS
The City reserves the right to negotiate final contract terms with any Proposer selected. The contract between the parties will consist of the RFP together with any modifications thereto, and the awarded Contractor’s proposal, together with any mo difications and clarifications thereto that are submitted at the request of the City during the evaluation and negotiation process. In the event of any conflict or contradiction between or among these documents, the documents shall control in the following order of precedence: the final executed contract, the RFP, any modifications and clarifications to the awarded Contractor’s proposal, and the EXHIBIT 1

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awarded Contractor’s proposal. Specific exceptions to this general rule may be noted in the final executed contract.

Negotiations shall be confidential and not subject to disclosure to competing Contractors unless and until an agreement is reached. If contract negotiations cannot be concluded successfully, the City reserves the right to negotiate a contract with an other Contractor or withdraw the RFP.

S. NON-PAYMENTS
Note that payments will NOT be made for any unsatisfactory work until corrected. In the event of nonpayment of undisputed sums by the City, Contractor shall give the City thirty (30) working days to cure the alleged breach.

T. OWNERSHIP OF DOCUMENTS
The City has permanent ownership of all directly connected and derivative materials produced under this contract by the Contractor. All documents, reports and other incidental or derivative work or materials furnished hereunder shall become and remains the sole property of the City and may be used by the City as it may require without additional cost to the City. Contractor shall provide the City copies of documents upon its request at any time. None of the documents, reports and other incidental or derivative work or furnished materials shall be used by the Contractor without the express written consent of the City.

U. PARKING
The City will not provide free parking and/or reimbursement for the cost of parking while providing services and conducting business with the City.

V. PROFESSIONAL STANDARDS
Contractor staff shall be courteous to the public and City staff utilizing facilities where Contractor is performing work, but shall be responsive only to the requests of the City’s Project Manager or designee. Contractor staff shall direct all inquiries to Project Manager or designee.

Contractor acknowledges that City locations consist of public -use facilities and recognizes the obligation to ensure Contractor personnel and a gents maintain the highest level of professional standards in attire, decorum, and interaction with the public and City personnel.

W. PROJECT MANAGER
The selected Proposer will assume responsibility for all services in its proposal. The selected Proposer shall identify a sole point of contact, Project Manager, with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement.

X. PROPOSAL VALIDITY
Services, pricing, and warranties indicated in a Proposer’s Proposal must be valid for a period of 180 days at minimum after the submission of the Proposal.

Y. PUBLIC AGENCIES
Other public agencies, as defined by California Government Code Section 6500, may choose to use the terms of this Contract, subject to Contractor’s acceptance. The City is not liable or responsible for any obligations related to a subsequent contract between Contractor and another public agency.

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Z. PUBLIC RECORDS
Proposals will become public record after the award of a contract unless the proposal or specific parts of the proposal can be shown to be exempt by law. Each Proposer may clearly label all or part of a proposal as "CONFIDENTIAL" provided that the Proposer thereby agrees to indemnify and defend the City for honoring such a designation. The failure to so label any information that is released by the City shall constitute a complete waiver of any and all claims for damages caused by any release of the information. Proposer information identifi ed as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act.

AA. SUBCONTRACTORS
Proposals in response to this RFP must identify any Subcontractors, and outline the contractual relationship between the Aw arded Subcontractor and each Subcontractor. An official of each proposed Subcontractor must sign, and include as part of the proposal submitted by the Prime Contractor, a statement to the effect that the Subcontractor has read and will agree to abide by the awarded Contractor’s obligations. Any Subcontractor proposed after award of contract must be approved by the City before commencement of work.

The City will look solely to the awarded Contractor for the performance of all contractual obligations which may result from an award based on this RFP, and the awarded Contractor shall not be relieved for the non-performance of any or all Subcontractors.

XIII. AWARD OF AGREEMENT
Selected Contractor(s) will be notified in writing. Any award is contingent upon the successful negotiation of final contract terms.

A. EXECUTION OF AGREEMENT
A standard agreement is included as EXHIBIT II Sample Agreement of this RFP. “Proposer” will hereinafter be referred to as “Consultant” or “Contractor” in standard agreement. The term of the agreement will begin after the agreement is fully executed, and all required bonds, insurance documents and contents of the payment information packet have been received and approved.

XIV. IMPLEMENTATION
A. KICK-OFF MEETINGS
The successful proposer will be required to meet with City staff prior to commencement of services or at any time as required by the City, to discuss and agree on operational issues including transition of services and scheduling.

EXHIBIT 1

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Downtown Santa Ana Clean and Safe Team

Santa Ana is downtown for the world famous Orange County, California. It is the County Seat, the second-most populous city in Orange County, and is home to a vibrant evening scene and arts community. Furthermore, Downtown Santa Ana (DTSA) is known as a foodie de stination as well as a retail hub. There are over 600 businesses and approximately 3,000 residents in DTSA. Below is a map of the Downtown area. In years past, the Clean & Safe Team was funded at an amount of $500,000 annually. The City is seeking competitive proposals and is open to negotiations.

Scope of Services At-a-Glance

1. Litter Maintenance

2. Special Event Litter Clean-Up/Maintenance

3. Clean & Empty Trash Cans

4. Clean Outdoor Benches, Bollards, & Light Poles

5. Clean Parklets

6. Clean Alleys

7. Clean Bus Stops

8. Street Closures

9. Power Wash

10. Security Guard Oversight

11. Staffing

12. Equipment & Facilities

EXHIBIT I

SCOPE OF SERVICES
EXHIBIT 1

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Contractor shall perform the services as set forth below.

1. Litter Maintenance
a. “Litter” is defined as, but is not limited to:
i. Boxes;
ii. Cans;
iii. Papers
iv. Containers marked “trash” (or are obviously trash); v. Unwanted or useless materials, or rejected matter.

b. “Waste” includes, but is not limited to:
i. Gum;
ii. Food remains;
iii. Sewage
iv. Excrement;
v. Grease;
vi. Dust;
vii. Dirt;
viii. Decals
ix. Liquid or dried matter;
x. Oily or sticky substances; and
xi. Graffiti, etc.

c. Remove litter from all outside surfaces including, but not limited to, sidewalks, curbs, planters, tree grates, and store entries. All litter from such surfaces shall be removed from the area and emptied into a designated trash dumpster or receptacle in such a manner as to prevent the adjacent area from becoming littered by such trash.

d. Waste shall be removed from all outside surfaces including, but not limited to, sidewalks, curbs, planters, tree grates, store entries, and trash receptacles. All waste from such surfaces shall be removed from the area and emptied into a designated trash dumpster or receptacle in such a manner as to prevent the adjacent area from becoming soiled by such waste. Waste removal shall be accomplished by the complete and thorough removal of said substances from the area—not by moving it from one surface to another or covering said substances with sand or similar materials.

2. Special Event Litter Clean-Up/Maintenance
a. Clean & Safe Team will provide litter clean -up/maintenance serv ices for designated special events that are approved by the City.

b. Provide litter clean-up for on -call situations after special events that do not provide adequate clean-up, must be approved by the City.

3. Clean & Empty Trash Cans
a. All 90+ trash containers within the downtown business district shall be emptied and cleaned at least five (5) times per day, everyday. Trash including, but not limited to, boxes, cans, papers, and other containers marked “trash” (or clearly trash items) shall be EXHIBIT 1

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removed, along with the liner. All trash from such garbage receptacles shall be removed from the downtown district and emptied into a designated trash dumpster or receptacle in such a manner as to prevent the adjacent area from becoming littered by such trash.

b. Any tras h containers that may become filled prior to the scheduled routing cleaning, particularity between the hours of 11:00 AM and 4:00 PM daily, shall be emptied as needed. Trash containers should never have accumulated trash or waste above the level of the container. Whether full or not, container shall be emptied and cleaned if it is omitting a foul, rancid, or putrid odor or showing signs of insect or rodent infestation.

c. Insert new liners into trash containers, securing said liners in such a manner as to present a neat uniform appearance and replacing container lids in their correct position.

d. Remove all waste including, but not limited to, gum, food remains, sewage, excrement, grease, dust, dirt, decals, liquids, dried matter, oily or sticky substances, an d graffiti, etc. from the surface of trash containers using a clean cloth or rag, and germicide detergent solution. Cleaning shall be accomplished by the complete and thorough removal of said substances from the area—not by moving it from one surface to another or covering said substances with sand or similar materials. This includes, but is not limited to, the cleaning of the immediate area surrounding the trash containers.

4. Clean Outdoor Benches, Bollards, & Light Poles
All benches, bollards and light p oles within the area shall be cleaned on a regular basis using clean cloths and a detergent solution. Remove all waste including, but not limited to, gum, food remains, excrement, grease, dust, dirt, litter, liquids, dried matter, decals, sticky substances, graffiti, etc. leaving object in working condition. The immediate area surrounding the object shall be cleaned in the same manner.

5. Clean Parklets
a. Pick-up litter and waste seven (7) days per week on an average of 40 hours per week.

b. Litter and waste s hall be removed from all outside surfaces including, but not limited to, sidewalks, curbs, planters, and store entries. All litter from such surfaces shall be removed from the area and emptied into a designated trash dumpster or receptacle in such a manner as to prevent the adjacent area from becoming littered by such trash. Wipe down parklet structure on a daily basis.

c. Conduct light power washing of the parklets on an as needed basis. “Light Power wash” is defined as the simultaneous mechanical removal of materials or pollutants from the surface for the pavement, through application of water under pressure with elevated temperatures used in the cleaning process and collection of waste and water (light pressure, only to be done in spots or areas of need, conducted minimally).

d. Process used shall leave the area clean and free from stains and of all loose, embedded materials including chewing gum. The cleaning process must not damage the concrete surfaces or the brick paver surface. All gum must be removed from the paver, concrete and other sidewalk surfaces.

e. Use the appropriate materials to clean or repair the parklets as needed. Contractor will provide the necessary and needed materials for parklet repairs such as, but not limited to EXHIBIT 1

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the following items:
i. Wood Sealer (flooring or wood rails)
ii. Paint & Brushes & Roller Brushes
iii. Sand Paper
iv. Extra Wood flooring pieces for replacements if needed

f. Parklets Locations:
i. Bird & Barrel at 305 E. 4th Street Suite 105 – Parklet with shade sail ii. Frida Cinema at 305 E. 4th Street Suite 100 – Parklet with shade sail iii. Chevita’s Juice at 209 W. 4th Street – Parklet with shade sail iv. 4th Street Market at 201 E. 4th Street – Parklet with shade sail v. Chapter One at 227 N Broadway – Parklet with shade sail vi. Mission Bar at 308 N Main Street – Parklet with shade sail vii. Next Round Bar & Grill at at 200 N Broadway – Parklet with shade sail

6. Clean Alleys
a. Alleys shall be clear of trash, waste, shopping carts, pallets, leaves, and excrement.

Shopping carts shall be picked up and taken to shopping center parking lot. Boxes shall be flattened and placed securely in trash container in such a manner as to not protrude excessively. Excrement shall be picked up and disposed of properly, and area washed down with proper germicidal solution.

b. Downtown Alley Locations:

i. 100 East Fourth Street (south alley)
ii. 200 East Fourth Street (south alley)
iii. 300 East Fourth Street (north and south alley)
iv. 100 West Fourth Street (south alley)
v. 200 West Fourth Street (south alley)
vi. 300 West Fourth Street (south alley)
vii. 400 West Fourth Street (south alley)

7. Clean Bus Stops
a. Bus stop areas are cleaned by the City of Santa Ana’s contractor, however, the Clean & Safe Team will complement the cleaning of the bus stops by cleaning all debris, bum, dirt, grime, oil, stains and other fluids. Clean & Safe Team will not be responsible for emptying the locked trash container at the bus stops.

b. Downtown Bus Stop Locations:

i. 400 North Main west side of street
ii. 300 North Main east side of street
iii. 200 West 5th street south side of street
iv. 200 East 5th street south side of street
v. 100 West Santa Ana Boulevard north side of street
vi. 200 East Santa Ana Boulevard north side of street

EXHIBIT 1

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8. Street Closures
a. Provide street closure services with approved Traffic Control Plans as approved by Public Works Agency for special events approved or co -sponsored by the City. The City owns various street closure equipment and signs which may be available for Contractor’s use upon coordination.

b. Set up water-filled k-rails, barricades, traffic cones, traffic signs, A -frames, and ensure safe street closures.

c. Remove street closure equipment, track inventory, and properly store equipment in storage areas.

d. Contractor must be capable of creating Traffic Control Plans to be reviewed and stamped by a traffic control engineer for any street closure needed in DTSA.

e. Contractor must have experience to perform street closure services.

f. Special event street closures often occur during the early part of the morning and late at night, sometimes between 4:00 AM or 5:00 AM and removal of equipment at 11:00 PM to 2:00 AM. Noise levels must be maintained to a minimum after 10:00 PM.

9. Power Wash
a. “Power wash” is defined as the simultaneous mechanical removal of materials or pollutants from the surface for the pavement, through application of water under pressure with elevated temperatures used in the cleaning process and collection of waste and water.

b. Process used shall leave the area clean and free from stains and of all loose, embedded materials including chewing gum. The cleaning proces s must not damage the concrete surfaces or the brick paver surface. All gum must be removed from pavers, concrete, and other sidewalk surfaces.

c. Sidewalks: All gum, dirt, grime, oil, stains and other fluids shall be removed from the sidewalls by using power washing equipment.

d. Bus stops: Bus stop areas are cleaned by another City contractor, however, the Clean & Safe Team will compliment the cleaning of bus stops by cleaning all debris, gum, dirt, grime, oil, stains, and other fluids. Clean & Safe Team will not be responsible for emptying locked trash containers at bus stops.

e. Downtown Bus Stops:

f. Power wash alleys: Alleys are to be cleaned of a debris, bum, dirt, grime, oil, stains and EXHIBIT 1

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other fluids.

g. The following are alley locations within the Downtown:

• 100 East Fourth Street (south alley)
• 200 East Fourth Street (south alley)
• 300 East Fourth Street (north and south alley)
• 100 West Fourth Street (south alley)
• 200 West Fourth Street (south alley)
• 300 West Fourth Street (south alley)
• 400 West Fourth Street (south alley)

10. Security Guard Oversight
a. Contractor must have experience supervising a security guard team.

b. Will assist in coordinating, securing, and compensating additional or on -call security guards for special events or emergencies or as needed with approval by the City.

c. The City currently has a contract in place for security guards services, which will expire within 2 years or sooner. The City will continue to oversee that service and pay the contractor directly until the agreement termination.

d. The initial years of the contract will exclude the cost of security, but during the 2 nd or 3rd year of this contract, the funding will increase to cover the cost of security guards services in DTSA.

e. Thereafter, the selected contractor for the DTSA Clean & Safe T eam will be solely responsible for procuring, hiring, compensating and overseeing the security guard company for the duration of the contract. The agreement will be augmented to cover the cost of security guard services.

f. Security Guard services in DTSA consist of guard services seven (7) days per week, one (1) security guard per shift, based on the schedule outlined below (subject to change based on need and/or special events):
i. Monday-Wednesday 9:00 AM–10:00 PM
ii. Thursday 9:00 AM—12:00 PM
iii. Friday 9:00 AM—12:00 AM (midnight)
iv. Saturday 10:00 AM—12:00 AM
v. Sunday 10:00 AM—10:00 PM

11. Staffing
a. Staffing should be experienced in the cleaning/maintenance industry with proper uniforms and equipment to execute the service well with experience working in downtown areas and government.

b. Clean & Safe Team staff must be readily available within 5-10 minutes upon service calls from merchants, visitors, residents, and staff.

c. Supervisor must be onsite and respond in person within five (5) minutes to any calls for EXHIBIT 1

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service by the City.

d. Supervisor must attend weekly meetings at City Hall or other designated locations.

e. Supervisor must be involved in the planning stages of all events taking place in DTSA and provide logistics support.

f. Sufficient staff levels should be made available on a daily basis.

g. A supervisor must be available during normal business hours between 8 A.M. – 5 P.M. and must be accessible after hours in case of an emergency or urgent situation. Must also, be available during special events (off hours) to ensure proper supervision, productivity, and to maintain quality of service. Speical events typically occur on weekends and/or evening hours.

h. Supervisors are expected to attend City weekly meetings and other monthly meetings, as needed.

i. From time to time, staff should be available as needed to distribute flyers on behalf of the City for programs, events, etc.

j. Staffing schedules may vary based on City needs and/or special events, but in general should be available before most businesses open in order to clea n DTSA as early as possible. The schedule below has historically been successful, but can be modified upon mutual agreement based on service needs during the term of the contract:
i. Litter Team: Monday – Sunday 7:00 AM – 9:00 PM
ii. Power Washing Team: Monday – Sunday 4:00 AM – 10:00 PM

12. Contractor’s Equipment & Facilities
a. Contractor must have the following at minimum:
i. One (1) waste (trash dumpster) container – must be located in Downtown Santa Ana;
ii. Two (2) 4-cubic yard waste containers; and
iii. One (1) 4-cubic yard recycle container.

Note: All three (3) 4-cubic yard containers must be kept in a safe and enclosed location in Downtown Santa Ana.

b. Trash must be serviced daily by Republic Services (City’s contracted trash hauler) and at Contractor’s expense. The City’s trash dumpster shall not be used.

c. Contractor must have at least one truck available every day from 7:00 AM to 9:00 PM for staff use to transport bags full of trash to waste containers.

d. Contractor must have a storage space in DTSA to store cleaning equipment and supplies (leased space is appropriate). Storage space must be secured and maintained at Contractor’s sole expense

EXHIBIT 1

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Sample Budget
Category Annual Cost
Litter Pick-Up & Maintenance $
Special Event Litter Clean-Up/Maintenance $
Clean & Empty Trash Cans Daily $
Clean Outdoor Benches, Bollards, & Light Poles $
Clean Parklets & Minor Repairs $
Clean Bus Stops $
Street Closures $
Power Wash $
Security Guard Oversight $
Security Guard Cost (for year 2 and forward) $160,000+ annually Staffing $
Equipment $
Other $
Annual Total $

EXHIBIT II

SAMPLE BUDGET
EXHIBIT 1

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populous city in Orange County, and is home to a vibrant evening scene and arts community .

THIS AGREEMENT is made and entered into on this day of , 2022 by and between ___________________________________________________________, (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS

A. The City desires to retain a Consultant having special skill and knowledge in the field of:

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

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

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

1. SCOPE OF SERVICES

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

2. COMPENSATION

a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit 2. The total amount to be expended during the term of this Agreement shall not exceed $xxxxxx.

b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.

3. TERM

This Agreement shall commence on the date first written above for a written number (3) year term with the option for the City to grant up to two, one (1)-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below.

4. INDEPENDENT CONTRACTOR

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

EXHIBIT III

SAMPLE AGREEMENT
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security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.

standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.

5. OWNERSHIP OF MATERIALS

This Agreement creates a non -exclusive and perpet ual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangib le medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”).

Consultant shall require all subcontractors to agree in writing that City is granted a non -exclusive and perpetual license for any Documents & Data the sub contractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time , provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

MINIMUM SCOPE AND LIMIT OF INSURANCE
The selected Proposer shall provide the required evidence of insurance coverage as set forth in the standard agreement within ten (10) business days after receipt of Notice of Intent to Award.

Contractor must maintain, for the duration of its contract, insurance coverages as required by the City.

Additionally, Contractor shall provide the following insurance coverage:

Coverage shall be at least as broad as:

• Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
• Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. • Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
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The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).

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.

Claims Made Policies (note – should be applicable only to professional liability, see below) If any of the required policies provide claims-made coverage:

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

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

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

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by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them.

The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City , regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding.

Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.

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

RECORDS
Contractor shall keep records and invoices in connection with the work to be performed under this Agreement.

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

CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such infor mation except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall

include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by EXHIBIT 1

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any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available

sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City.

CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.

NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.

EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.

ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior writte n consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent sha ll be considered null and void. N othing in this Agreement shall be construed to limit the City’s ability to have any of the serv ices which are the subject to this Agreement performed by City personnel or by other Contractors retained by City.

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

WAIVER

I. JURISDICTION - VENUE
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This Agreement has been executed and delivered in the State of California and the validity, inter pretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.

II. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions neces sary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies.

Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.

III. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this contract shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Sec tion, to the following persons:

To City:

Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956

With courtesy copies to:

To Contractor:

A party may change its address by giving notice i n writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United Sta tes mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.

IV. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. The Agreement is the final and complete agreement and any prior or contemporaneous First & Last Name
Title
Consultant Firm Name
Address
City, State, Zip
Fax:

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agreements for similar services between the parties is superseded by this Ag reement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement.
c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.

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

ATTEST: CITY OF SANTA ANA

Daisy Gomez Kristine Ridge
Clerk of the Council City Manager

APPROVED AS TO FORM:

SONIA R. CARVALHO CONSULTANT:

City Attorney

By:

Assistant City Attorney
Tax ID#

RECOMMENDED FOR APPROVAL:

SAMPLE ONLY

(name)
(title)

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Federal Regulations – Recipient must comply with the government cost principles, uniform administrative requirements and audit requirements for federal grant program housed within Title 2, Part 200 of the Code of Federal Regulations.

b. Debarment and Suspension – As required by Executive Orders 12549 and 12689, and 2 CFR §200.212 and codified in 2 CFR Part 200, Recipient must provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government.

c. Audit Records - With respect to all matters covered by this agreement all records shall be made available for audit and inspection by CITY, the grant agency and/or their duly authorized representatives for a period of three (3) years from the date of submission of the final expenditure report by the City of Santa Ana. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Recipient shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Recipient shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Recipient, upon request during usual working hours.

d. Reports - Recipient shall provide to City all records and information requested by City for inclusion in quarterly reports and such other reports or records as City may be required to provide to the agency from which City received grant funds or other persons or agencies.

e. Section 504 of the Rehabilitation Act of 1973 (Handicapped) - All recipients of federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the participation in, be denied the benefits of or be subject to discrimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The Recipient agrees it will ensure that requirements of The Act shall be included in the agreements with and be binding on all of its contractors, subcontractors, assignees or successors.

f. Americans with Disabilities Act of 1990 - (ADA) Recipient must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable.

g. Political Activity - None of the funds, materials, property, or services provided directly or indirectly under this agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act".

h. No Lobbying - Recipient will comply with all applicable lobbying prohibitions and laws, including those found in the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352, et seq.), and agrees that none of the funds provided under this award may be expended by the Recipient t o pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action concerning the award or renewal of any federal contract, grant, loan, or cooperative agreement.

EXHIBIT III

FEDERAL REGULATIONS
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i. Non-Discrimination and Equal Opportunity - Recipient will comply, and all its contractors (or subrecipients) will comply, with Title VI of the Civil Rights Act of 1964, as amended; Se ction 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975, as amended; Drug Abuse Office and Treatment Act of 1972, as amended; Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended; Section 523 and 527 of the Public Health Service Act of 1912, as amended; Title VIII of the Civil Rights Act of 1968, as amended; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a Federal or State court, Federal or State admi nistrative agency, or the Recipient makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the Recipient will forward a copy of the findings to CITY which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. If applicable, recipient will comply with the equal opportunity clause in 41 C.F.R. 60 -1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375.

j. Equal Employment Opportunity - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60), as applicable.

k. Public Contracts Code - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the California Public Contract Code Section 10295.3, as applicable.

l. Copeland Anti -Kickback Act - Recipient will comply, and all its contractors and subcontractors (or subrecipients) shall comply, with all requirements of the Copeland “Anti-Kickback” Act (30 U.S.C. 3145) as supplemented in Department of Labor regulations (29 CFR Part 3), as applicable.

(1) Contractor – Contractors shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145 , and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.
(2) Subcontracts – Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appr opriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.
(3) Breach – A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.

m. Davis-Bacon Act - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Davis -Bacon Act (40 U.S.C. 3141 -3144 and 3146 -3148) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable.

Contractors are required to pay wages to laborers and mechanics at a rate no less than the prevailing wages specified in a wage determination made by the Secretary of Labor.

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Additionally, contractors are required to pay wages not less than once a week.

n. Work Hours and Safety - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3702 and 3704) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable.

o. Clean Air Act - Recipient will comply, and all its contractors (or subrecipients) will comply, with all applicable standards, orders or requirements issued under the Clean Air Act (42 U.S.C. 7401-7671q), and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as applicable.

p. Energy and Conservation - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Energy Policy and Conservation Act (42 U.S.C. 6201), as applicable.

q. Waste Disposal - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as applicable.

r. Patent Rights - Recipient agrees that the Department of Homeland Security shall have the authority to seek patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement b ased on the requirements of 37 CFR§ 401 and any other implementing regulations, as applicable.

s. Copyright - Recipient may copyright any books, publications or other copyrightable materials developed in the course of or under this Agreement. However, the federal awarding agency, State Administrative Agency (SAA) and City reserve a royalty-free, non-exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government, SAA and/or City purpose:

(1) the copyright in any work developed through this Agreement; and

(2) any rights of copyright to which the subcontractor purchases ownership with support through this grant. The Federal government’s, SAA’s and City’s rights identified above must be conveyed to the publisher and the language of the publisher’s release form must ensure the preservation of these rights.

t. Telecommunications (2 CFR 200.216) - Recipient will comply with FEMA Policy 405-143- 1, Prohibitions on Expending FEMA Award Funds on Covered Telecommunication Equipment or Services (Interim), which prohibits grant recipients and subrecipients from obligating or expending loan or grant funds to procure or obtain, extend or renew a contract to procure or obtain, or to enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

As described in Public Law 115-232, section 889, covered telecommunications equipment is:

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).

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(2) For the purpose of public sa fety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

(3) Telecommunications or video surveillance services provided by such entities or using such equipment.

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

u. Domestic preferences for procurements (2 CFR 200.322) - Recipient agrees that as appropriate and to the extent consistent with law, it will, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). This requirement must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this provision: “produced in the United States” means, for iron and steel products, that all manufacturing processes, f rom the initial melting stage through the application of coatings, occurred in the United States; and “manufactured products” means items and construction materials composed in whole or in part of non -ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

v. Equal Employment in Construction Contracts - Pursuant to Equal Employment Opportunity requirements of 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375, as to any construction contract thereunder, if applicable, during the performance of this contract, the contractor agrees as follows:

(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during e mployment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

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(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation informatio n of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

(4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitment s under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

(6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant there to, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

(7) In the event of the contractor's nonc ompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

(8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance.

FOR PROPOSERS’ REFERENCE
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CITY OF SANTA ANA

RFP No. 22-168 Downtown Santa Ana Clean & Safe Team 38

Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit 1) and am qualified to provide services being requested as specified herein. I und erstand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal.

PROPOSER’S STATEMENT: I have read, understood and agree to the terms and conditions on a ll pages of the Request for Qualifications. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions.

__________________________________________________________________________________

LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS

__________________________________________________________________________________

BUSINESS ADDRESS

__________________________________________________________________________________

PRINTED NAME OF AUTHORIZED AGENT TITLE

__________________________________________________________________________________

SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS

__________________________________________________________________________________

FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IFAPPLICABLE)

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

ATTACHMENT A

PROPOSER’S CERTIFICATION, PROPOSAL ITEM PRICING
EXHIBIT 1

City Council
19 –
41 2/21/2023

CITY OF SANTA ANA

RFP No. 22-168 Downtown Santa Ana Clean & Safe Team 39

List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required . The City reserves the right to contact each of the references listed f or additional information regarding your firm's qualifications.

REFERENCE

Customer Name:_________________________Contact Individual: ____________________________

Address: ________________________________Phone Number:

_______________________________ EMAIL: ____________________________________

Contract Amount: ________________________Year: ______________________________________

Description of supplies, equipment, or services provided:

__________________________________________________________________________________

REFERENCE

Customer Name:_________________________Contact Individual: ____________________________

Address: ________________________________Phone Number:

_______________________________ EMAIL: ____________________________________

Contract Amount: ________________________Year: ______________________________________

Description of supplies, equipment, or services provided:

__________________________________________________________________________________

REFERENCE

Customer Name:_________________________Contact Individual: ____________________________

Address: ________________________________Phone Number:

_______________________________ EMAIL: ____________________________________

Contract Amount: ________________________Year: ______________________________________

Description of supplies, equipment, or services provided:

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

ATTACHMENT B

REFERENCES
EXHIBIT 1

City Council
19 –
42 2/21/2023

CITY OF SANTA ANA

RFP No. 22-168 Downtown Santa Ana Clean & Safe Team 40

Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto.

Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City’s legal holidays), or the funds, check, draft, or proposer’s bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer’s bond substituted in lieu thereof shall be returned to the undersigned.

Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed.

All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP.

Firm________________________________________________________________________________

Signed and Printed Name: ______________________________________________________________

Title ________________________________________________________________________________

Date

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

ATTACHMENT C

PROPOSER’S STATEMENT
EXHIBIT 1

City Council
19 –
43 2/21/2023

CITY OF SANTA ANA

RFP No. 22-168 Downtown Santa Ana Clean & Safe Team 41

(Title 23 United States Code Section 112 and Public Contract Code Section 7106)

To the CITY OF SANTA ANA

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

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

Signed____________________________________________________________________________

State of ________, County of __________________________________________________________

Subscribed and sworn to (or affirmed) before me on this________ day of_____________, 20____, by ________________________, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

________________________
Notary Public Signature Notary Public Seal

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

ATTACHMENT D

NON-COLLUSION AFFIDAVIT
EXHIBIT 1

City Council
19 –
44 2/21/2023

CITY OF SANTA ANA

RFP No. 22-168 Downtown Santa Ana Clean & Safe Team 42

The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agre ement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the under signed shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," in conformance with its instructions.

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

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

Signed:

Title:

Firm:

Date:

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

ATTACHMENT E

NON-LOBBYING CERTIFICATION
EXHIBIT 1

City Council
19 –
45 2/21/2023

CITY OF SANTA ANA

RFP No. 22-168 Downtown Santa Ana Clean & Safe Team 43

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

1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall in clude, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.

3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Consultant’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders.

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

2. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract

ATTACHMENT F

NON-DISCRIMINATION CERTIFICATION
EXHIBIT 1

City Council
19 –
46 2/21/2023

CITY OF SANTA ANA

RFP No. 22-168 Downtown Santa Ana Clean & Safe Team 44

or purchase order as the adm inistering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States.

8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1 939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter.

Signed:

Title:

Firm:

Date:

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

EXHIBIT 1

City Council
19 –
47 2/21/2023

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Santa Ana City CouncilFebruary 21, 2023

Santa Ana City Council
February 21, 2023