Santa Ana City Council
February 20, 2024

Both programs are included in the Comprehensive Transportation Funding Programs (CTFP). The CTFP allocates funds through an annual competitive call for projects (call) based on a common set of guidelines and scoring criteria that are developed in collaboration with the OCTA Technical Advisory Committee (TAC), which is comprised of representatives of all of
Orange County’s 35 local jurisdictions. The guidelines and the call are ultimately approved for release by the OCTA Board of Directors (Board).

The CTFP guidelines for the 2023 call were approved by the OCTA Board on August 8, 2022. At that meeting, the Board also authorized issuance of the current call, making available approximately $45 million available for Project O and Project P in M2 competitive funds to support regional roadway capacity and signal synchronization projects throughout Orange County. The deadline to submit projects for consideration through this call was October 20, 2022.

Discussion
RCP
Through the RCP program, nine applications were submitted to OCTA from five local jurisdictions requesting a total of $46.36 million in RCP funding (see Attachment A). The applications were reviewed for eligibility, consistency, adherence to the guidelines, and overall M2 program objectives. During the application evaluation process, two project applications were withdrawn, and staff worked with the remaining local jurisdictions to address technical issues such as application scoring corrections, scope clarifications, and refinement of final project funding requests. The seven remaining applications were evaluated and ranked as per the scoring criteria identified in the approved program guidelines.

Based upon these reviews and project consistency with the guidelines, seven projects are recommended to receive $33.48 million. Attachment B provides more detail on the programming recommendations The recommendation includes one project in the City of Irvine, four projects in the City of Santa Ana, and two projects in the City of Yorba Linda.

Of the seven recommended projects, five will provide arterial capacity improvement benefits (with construction and/or engineering phase allocations), and two projects will provide construction funding for intersection capacity enhancements. Implementation of these projects in aggregate, is anticipated to produce notable congestion reducing benefits in Orange County.

City Council 29 – 26 2/20/2024
Comprehensive Transportation Funding Programs –
2023 Call for Projects Programming Recommendations

It should also be noted that the number of new RCP applications submitted for consideration in this call is considerably lower than in pre-pandemic years.

Based upon agency outreach, it appears that there is a trend among local jurisdictions moving away from roadway capacity toward supporting non-motorized transportation projects. Local jurisdictions have cited various other reasons for not submitting applications in this cycle including development and delivery of previously funded project phases, planning for capacity projects in future years as traffic volumes change, and limited need for capacity enhancements amongst smaller agencies. These comments largely align with staff’s report to the Board in May 2022, which stated that many M2 RCP-funded projects are in the planning and engineering phases with anticipated right-of-way and construction funding needs of more than $100 million within the next two to five years.

RTSSP
With respect to RTSSP, OCTA received three applications requesting $3.64 million in funding. All applications were also reviewed for eligibility, consistency, and adherence to guidelines and overall program objectives.

Staff worked with the local jurisdictions to address technical issues primarily related to construction unit cost refinements, as well as project scope clarifications.

Upon completion of these efforts, staff’s recommendation is to program $3.66 million to fund all three projects. All three of the recommended RTSSP projects are anticipated to be implemented by the local jurisdictions in fiscal year 2023-24. Additional details for the RTSSP program recommended projects are provided in Attachment C.

The table below provides an overall summary of the funding recommendations:
2023 CTFP Call Summary ($ in millions)
RCP RTSSP Total
Number of Applications Recommended for
Approval 7 3 10
Amount Recommended for Approval
(escalated) $33.48 $3.66 $37.14
Recommendations presented in this staff report are consistent with the 2023 guidelines approved by the Board. As such, staff recommends programming $37.1 million for ten projects under the RCP and RTSSP programs.

City Council 29 – 27 2/20/2024
Comprehensive Transportation Funding Programs –
2023 Call for Projects Programming Recommendations

If approved by the Technical Steering Committee (TSC), TAC, and OCTA Board, these new projects will be incorporated into master funding agreements between OCTA and the appropriate local jurisdictions; and as these projects advance, staff will continue to monitor their status and project delivery through the semiannual review process.

Summary
The proposed programming recommendations for projects in the RCP and RTSSP have been developed by staff. Funding for ten projects totaling $37.1 million in M2 funds is proposed. Staff is seeking TAC approval to advance these programming recommendations, as presented, to the OCTA Board for further consideration and approval.

Attachments
A. 2023 Measure M2 Call for Projects – Applications Received B. 2023 Measure M2 Regional Capacity Program Call for Projects – Programming Recommendations
C. 2023 Measure M2 Regional Traffic Signal Synchronization Program Call for Projects – Programming Recommendation
City Council 29 – 28 2/20/2024
2023 Measure M2 Call for Projects – Applications Received

ATTACHMENT A
Agency Project Fund Phase Match Rate Match
Total M2
Request Total Cost
Anaheim Lincoln Avenue Improvements (East Street to Evergreen Street) ACE CON 25% 2,301,805 $ 6,905,415 $ 9,207,220 $ County of Orange Cow Camp Road Segment 2C-2.A Construction ACE CON 50% 5,853,825 $ 5,853,825 $ 11,707,650 $ Irvine Jamboree Road and Main Street Intersection Enhancements ICE CON 25% 449,356 $ 1,348,069 $ 1,797,425 $ Santa Ana Bristol Street and Memory Lane Intersection Improvements ICE CON 25% 474,580 $ 1,423,740 $ 1,898,320 $ Santa Ana Bristol Street Improvements Phase 3A - Civic Center Drive to Washington Avenue ACE CON 34% 2,803,008 $ 5,444,992 $ 8,248,000 $ Santa Ana Bristol Street Improvements Phase IV - Warner Avenue to St. Andrew Place ACE CON 35% 6,568,658 $ 12,227,342 $ 18,796,000 $ Santa Ana Warner Avenue Improvements - Oak Street to Grand Avenue ACE CON 25% 3,903,891 $ 11,711,674 $ 15,615,565 $ Yorba Linda Lakeview Avenue Improvements from Lemon Drive to Oriente Drive ACE ENG 25% 118,125 $ 354,375 $ 472,500 $ Yorba Linda Lakeview Avenue Improvements from Bastanchury Road to Oriente Drive ACE CON 25% 362,824 $ 1,088,471 $ 1,451,295 $ $ 46,357,903 22,836,072 $ 69,193,975 $
Agency Project Fund Signals Match Rate Match
Total M2
Request Total Cost
Irvine Irvine Boulevard/Trabuco Road RTSSP Project RTSSP 42 20% 234,800 $ 939,200 $ 1,174,000 $ Mission Viejo Marguerite Parkway RTSSP Project RTSSP 30 20% 496,358 $ 1,985,430 $ 2,481,788 $ Mission Viejo Olympiad Road/Felipe Road RTSSP Project RTSSP 16 20% 179,548 $ 718,190 $ 897,738 $ $ 3,642,820 910,705 $ 4,553,525 $
Acronyms:

ACE - Arterial Capacity Enhancements
CON - Construction
ICE - Intersection Capacity Enhancements
ENG - Engineering
M2 - Measure M2
Regional Traffic Signal Synchronization Program (Project P) Applications Regional Capacity (Project O) Applications

REQUESTED TOTALS

REQUESTED TOTALS
City Council 29 – 29 2/20/2024
2023 Measure M2 Regional Capacity Program Call for Projects Programming Recommendations

ATTACHMENT B
Agency
Fiscal
Year Project Fund Phase Score
M2 Funding
Engineering
M2 Funding
Right-of-Way
M2 Funding
Construction* Total M2 Funding Match Totals
Match
Rate
Irvine 24/25 Jamboree Road and Main Street Intersection Enhancements ICE CON 50 1,414,124 $ $ 1,414,124 $ 1,885,499 471,374 $ 25% Santa Ana 23/24 Bristol Street and Memory Lane Intersection Improvements1 ICE CON 49 1,501,900 $ $ 1,501,900 $ 2,002,640 500,740 $ 25% Santa Ana 23/24 Bristol Street Improvements Phase 3A - Civic Center Drive to Washington Avenue1 ACE CON 86 5,239,044 $ $ 5,239,044 $ 6,985,725 1,746,681 $ 25% Santa Ana 23/24 Bristol Street Improvements Phase IV - Warner Avenue to Saint Andrew Place1 ACE CON 77 11,910,061 $ $ 11,910,061 $ 15,880,415 3,970,354 $ 25% Santa Ana 23/24 Warner Avenue Improvements -
Oak Street to Grand Avenue1 ACE CON 62 11,997,206 $ $ 11,997,206 $ 15,996,275 3,999,069 $ 25% Yorba Linda 23/24 Lakeview Avenue Improvements from Lemon Drive to Oriente Drive ACE ENG 40 331,875 $ $ 331,875 $ 442,500 110,625 $ 25% Yorba Linda 23/24 Lakeview Avenue Improvements from
Bastanchury Road to Oriente Drive1 ACE CON 44 1,083,259 $ $ 1,083,259 $ 1,444,345 361,086 $ 25% $ - 331,875 $ 33,145,594 $ $ 33,477,469 $ 44,637,399 11,159,929 $ 1 Reapplication project from prior cycles
*Includes escalation of 4.9% for all construction projects programmed for fiscal year 2024/25 UNFUNDED (Project withdrawn by applicant)
Agency
Fiscal
Year Project Fund Phase Score
M2 Funding -
Engineering
M2 Funding -
Right-of-Way
M2 Funding -
Construction Total M2 Funding Match Totals
Match
Rate
Anaheim 23/24 Lincoln Avenue Improvements (East Street to Evergreen Street) ACE CON n/a 6,905,415 $ $ 6,905,415 $ 9,207,220 2,301,805 $ 25% County of Orange 23/24 Cow Camp Road Segment 2C-2.A
Construction
ACE CON n/a 5,853,825 $ $ 5,853,825 $ 11,707,650 5,853,825 $ 50% Acronyms:

ACE - Arterial Capacity Enhancements
CON - Construction
ENG - Engineering
ICE - Intersection Capacity Enhancements
M2 - Measure M2

PROGRAMMING TOTALS
City Council 29 – 30 2/20/2024
2023 Measure M2 Regional Traffic Signal Synchronization Program Call for Projects Programming Recommendations

ATTACHMENT C
Agency Fiscal
Year Project Title Score
M2 Funding
Primary
Implementation
M2 Funding
Operations &
Maintenance
Total M2
Funding Match Totals Match Rate
Irvine 23/24 Irvine Boulevard/Trabuco Road RTSSP Project 79 $ 204,800 750,400 $ $ 955,200 $ 1,194,000 238,800 $ 20% Mission Viejo 23/24 Marguerite Parkway RTSSP Project 45 $ 161,120 1,824,310 $ $ 1,985,430 $ 2,481,788 496,358 $ 20% Mission Viejo 23/24 Olympiad Road/Felipe Road RTSSP Project 53 $ 66,880 651,310 $ $ 718,190 $ 897,738 179,548 $ 20% $ 432,800 3,226,020 $ $ 3,658,820 $ 4,573,525 914,705 $ Acronyms:

M2 - Measure M2
RTSSP - Regional Traffic Signal Synchronization Program

PROGRAMMING TOTALS
City Council 29 – 31 2/20/2024
AGENDA
Technical Advisory Committee
Item# 3
Correspondence
City Council 29 – 32 2/20/2024
AGENDA
Technical Advisory Committee
Item# 3
Item 3, Attachment A: OCTA Board Items of Interest
• Monday, November 14, 2022
Item# 22: Measure M2 Annual Eligibility Review
Item# 28: Measure M2 2022 Update: Next 10 Delivery Plan • Monday, December 12, 2022
Item# 15: 2023 Technical Steering Committee Membership
Item# 16: Securing State and Federal Formula Funds for Highway, Transit and Complete Streets Priority Projects
Item# 24: Measure M2 Quarterly Progress Report for the Period of July 2022 Through September 2022
• Monday, January 23, 2023
Item# 10: Measure M2 Community-Based Transit Circulators Program Project V Ridership Report
• Monday, February 13, 2023
Item# 12: Capital Programming Update – Federal Transit Administration Savings
Item# 22: Measure M2 Environmental Cleanup Program (Project X) – Tier 1 2023 Grant Program Call for Projects
Item# 23: Escalation Rate Adjustments Recommendations for Prior Regional Capacity Program and Regional traffic Signal Synchronization Program Allocations
City Council 29 – 33 2/20/2024
AGENDA
Technical Advisory Committee
Item# 3
Item 3, Attachment B: Announcements by Email
• November 23, 2022 OCTA Technical Advisory Committee Meeting Cancellation Reminder, sent 11/21/2022
• OCTA Pavement Distress Trainings, sent 11/22/2022
• December 14, 2022 OCTA Technical Steering Committee Meeting Cancellation Notice, sent 12/9/2022
• TAC Cancellation Notice, December 28, 2022, sent 12/27/2022 • January 11, 2023 OCTA Technical Steering Committee Meeting Cancellation Notice, sent 1/5/2023
• 2023 OCTA Spring Pavement Management Software Training, sent 1/6/2023
• Notice of MSRC Funding Opportunity: Implementation of New or Expanded Microtransit Services (RFP2023-07), sent 1/10/2023 • 2021 Pavement Management Relief Funding (PMRF) Program Obligation Deadline Reminder, sent 1/16/2023
• January 25, 2023 OCTA Technical Advisory Committee Meeting Cancellation Notice, sent 1/24/2023
• REMINDER: Future Call for Projects - Requests for Letters of Interest Due January 31, sent 1/30/2023
• March 2023 M2 Comprehensive Transportation Funding Programs (CTFP) Semi-Annual Review is Now Open, sent 2/1/2023
• [Revised Meeting Date] February 22, 2023 OCTA Technical Steering Committee Meeting Confirmation Notice, sent 2/6/2023 City Council 29 – 34 2/20/2024
CITY OF SANTA ANA FY 23/24CIP

CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT DESCRIPTION:

The Bristol Street Improvements project was planned and designed to incorporate complete street concepts with storm drain quality features. The improvements include widening of the street from four lanes to six lanes, with bus turnouts, raised median, bike lanes, and sound walls. The project also brings native and organic landscaping that beautifies a fully developed urban area.

PROJECT NEED:

Bristol Street from Civic Center to Washington (Phase 3A) is part of the City's plan to widen Bristol Street from Warner Avenue to Memory Lane, which was approved by City Council in 1990 and reevaluated in 2015. Existing roadway has only 2 lanes in each direction and is operating at a LOS F. This widening is needed to improve traffic flow and create complete streets features.

PROJECT TITLE:

Bristol St Improvements & Widening:

Phase 3A - Civic Center-Washington
PROJECT CATEGORY:

Street Improvements
Street/Bridge Improvements &
Widening

LOCATION MAP
AGENCY: DIVISION: DATE:

Public Works CIP Engineering
CONTACT:

Jason Gabriel, Principal Civil Engineer 20-Feb-2024
PROJECT COSTS FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 Construction 5,444,992 - - - - - -
TOTAL 5,444,992 - - - - - -
SOURCE OF FUNDS FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 MEASURE M2 COMPETITIVE 5,444,992 - - - - - -
TOTAL 5,444,992 - - - - - -
EXHIBIT 3
City Council 29 – 35 2/20/2024
CITY OF SANTA ANA FY 23/24CIP

CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT DESCRIPTION:

The Bristol Street Improvements project was planned and designed to incorporate complete street concepts with storm water quality features. The improvements include widening of the street from four lanes to six lanes, with bus turnouts, raised median, bike lanes, enhanced storm drain system, and sound walls. The project also brings native and organic landscaping that beautifies a fully developed urban area.

PROJECT NEED:

Bristol Street from Warner Avenue to St. Andrew Place (Phase 4) is part of the City's plan to widen Bristol Street from Warner Avenue to Memory Lane, which was approved by City Council in 1990 and reevaluated in 2015. Existing roadway has only 2 lanes in each direction and is operating at a Level of Service (LOS) F. This widening is needed to improve traffic flow and create complete streets features.

PROJECT TITLE:

Bristol St Improvements & Widening:

Phase 4 - Warner -St Andrew
PROJECT CATEGORY:

Street Improvements
Street/Bridge Improvements &
Widening

LOCATION MAP
AGENCY: DIVISION: DATE:

Public Works CIP Engineering
CONTACT:

Jason Gabriel, Principal Civil Engineer 20-Feb-2024
PROJECT COSTS FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 Construction 12,227,342 - - - - - -
TOTAL 12,227,342 - - - - - -
SOURCE OF FUNDS FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 MEASURE M2 COMPETITIVE 12,227,342 - - - - - -
TOTAL 12,227,342 - - - - - -
City Council 29 – 36 2/20/2024
© 2012-2017 Digital Map Products. All rights reserved. 1 261 feet
EXHIBIT 4
City Council 29 – 37 2/20/2024
© 2012-2017 Digital Map Products. All rights reserved. 1 252 feet
City Council 29 – 38 2/20/2024
Public Works Agency
www.santa-ana.org/public-works
Item # 30
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 20, 2024
TOPIC: Purchase of Two Ford F-150 Lightning EV Trucks for the Public Works Agency

AGENDA TITLE
Approve an Appropriation Adjustment and Award a Purchase Order to National Auto Fleet Group for Two Ford F-150 Lightning EV Trucks in an Amount Not to Exceed $168,287 (Bid No. 24-007) (Non-General Fund)

RECOMMENDED ACTION

1. Approve an appropriation adjustment recognizing $168,287 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. (Requires five affirmative votes)

2. Authorize a one-time purchase and payment of a Purchase Order to National Auto Fleet Group for two, new 2024 Ford F-150 Lightning EV trucks in the amount of $148,287 plus a contingency amount of $20,000, for a total amount not to exceed $168,287.

GOVERNMENT CODE §84308 APPLIES: No

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 Fleet Services team routinely strategizes to implement green measures that advance the California Clean Air Act mobile source emission reduction goals.

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. To further reduce the City’s carbon footprint, greenhouse gas emissions, and overall operational maintenance cost, staff recommends the purchase of two Ford F-150 Lightning EV Trucks to replace two gas-powered 1999 model-year Chevy trucks (vehicle 58962 and vehicle 58963) for the Parks Services Division (Exhibits 1 and 2).

Santa Ana City Ordinance No. NS-2312 authorizes the City to purchase against City Council 30 – 1 2/20/2024
Purchase of Two Ford F-150 Lightning EV Trucks for the Public Works Agency February 20, 2024

contracts from any public agency utilizing a competitive bid process. Sourcewell, a cooperative government purchasing agency, awarded a contract to National Auto Fleet Group (Contract No. 091521-NAF) (Exhibit 3) as a result of open, competitive bidding on behalf of its members, which includes government agencies.

Staff researched available procurement options and product offerings in the market, and determined that National Auto Fleet Group meets the City’s specifications. By leveraging the procurement power through cooperative purchasing, the City is able to obtain nationally vetted, high quality products at competitive volume pricing, and is in accordance with the City’s existing Purchasing guidelines.

FISCAL IMPACT
With the approval of the requested appropriation adjustment, $168,287 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). Funding is available in FY 2023-24 budget and available for expenditure.

Fiscal
Year
Accounting
Unit-Account
#
Fund Description Accounting Unit,
Account Description
Amount
2023-24 03117101-
66400
Air Quality
Improvement (AB
2766)
Fleet Services-Air Quality
Improvement, Machinery
& Equipment
$168,287
TOTAL $168,287

EXHIBIT(S)

1. Picture of Ford F-150 Lightning EV Truck

2. National Auto Fleet Group Quote No. 26818

3. Contract No. 091521-NAF
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Tom Hatch, Interim City Manager
City Council 30 – 2 2/20/2024
EXHIBIT 1
City Council 30 – 3 2/20/2024
EXHIBIT 2
City Council 30 – 4 2/20/2024
City Council 30 – 5 2/20/2024
City Council 30 – 6 2/20/2024
City Council 30 – 7 2/20/2024
City Council 30 – 8 2/20/2024
City Council 30 – 9 2/20/2024
City Council 30 – 10 2/20/2024
City Council 30 – 11 2/20/2024
City Council 30 – 12 2/20/2024
091521-NAF
Rev. 3/2021 1
Solicitation Number: RFP #091521

CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and 72 Hour LLC dba: National Auto Fleet Group, 490 Auto Center Drive, Watsonville, CA 95076 (Supplier).

Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.

Sourcewell issued a public solicitation for Automobiles, SUVs, Vans, and Light Trucks with Related Equipment and Accessories from which Supplier was awarded a contract.

Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).

1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.

B. EXPIRATION DATE AND EXTENSION. This Contract expires November 8, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier.

C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All rights will cease upon expiration or termination of this Contract.

2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. 






 





EXHIBIT 3
City Council 30 – 13 2/20/2024
091521-NAF
Rev. 3/2021 2
Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.

All Equipment and Products provided under this Contract must be new and the current model.

Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.

This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.

In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.

C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.

3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.

When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.

Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.

A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be 






 






City Council 30 – 14 2/20/2024
091521-NAF
Rev. 3/2021 3
returned within a reasonable time at no cost to Sourcewell or its Participating Entities.

Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.

Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.

Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.

B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid taxexemption certification(s). When ordering, a Participating Entity must indicate if it is a taxexempt entity.

C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.

When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.

Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.

4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.

At a minimum, the request must:
x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change; 






 






City Council 30 – 15 2/20/2024
091521-NAF
Rev. 3/2021 4
x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.

A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference.

5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS

A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.

The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.

Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.

B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at governmentowned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.

6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell 






 






City Council 30 – 16 2/20/2024
091521-NAF
Rev. 3/2021 5
contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.

Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.

B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum; the terms of which will be negotiated directly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.

C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as ecommerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.

D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:

1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or

2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.

E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.

7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:








 






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x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.

B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, supply issues, customer issues, and any other necessary information.

8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).

The Report must contain the following fields:
x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address;
x Participating Entity City;
x Participating Entity State/Province;
x Participating Entity Zip/Postal Code;
x Participating Entity Contact Name;
x Participating Entity Contact Email Address;
x Participating Entity Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Supplier.

B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee.

The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased 






 






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by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.

Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.

In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.

9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.

Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.

10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.

B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.

C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.

D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.







 






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E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.

F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.

11. INDEMNITY AND HOLD HARMLESS

Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.

12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract.

13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY

1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use thetrademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.

2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, 






 






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resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.

3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.

4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier in violation of applicable patent or copyright laws.

5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.

B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.

C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.

D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.







 






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14. GOVERNING LAW, JURISDICTION, AND VENUE
The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.

15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.

16. SEVERABILITY
If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.

17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:

1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.

2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.

3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.

B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:

1. Nonperformance of contractual requirements, or

2. A material breach of any term or condition of this Contract. 






 






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The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:
x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.

18. INSURANCE

A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:

1. Workers’ Compensation and Employer’s Liability.

Workers’ Compensation: As required by any applicable law or regulation.

Employer's Liability Insurance: must be provided in amounts not less than listed below:

Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease

2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.

Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate

3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms 






 






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no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.

Minimum Limits:
$1,000,000 each accident, combined single limit

4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.

Minimum Limits:
$2,000,000

5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.

Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.

B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.

Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.

C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is 






 






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primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.

D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.

19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.

B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.

20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.

Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. 






 






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21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER

UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.

The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds.

A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-

1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.

B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by nonfederal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions. 






 






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C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).

Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.

F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names 






 






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of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).

H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.

K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents.

L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation 






 






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and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.

N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.

O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.

P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.

Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.

R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S. Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.

S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.

T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322. 






 






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22. CANCELLATION
Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.

Sourcewell 72 Hour LLC dba: National Auto
Fleet Group
By: __________________________ By: __________________________ Jeremy Schwartz Jesse Cooper
Title: Chief Procurement Officer Title: Fleet Manager
Date: ________________________ Date: ________________________ Approved:

By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________







 












 














City Council 30 – 30 2/20/2024
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Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC







 






City Council 30 – 37 2/20/2024
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City Council 30 – 38 2/20/2024
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Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC







 






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Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC







 






City Council 30 – 44 2/20/2024
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City Council 30 – 45 2/20/2024
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Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC







 






City Council 30 – 46 2/20/2024
Public Works Agency
www.santa-ana.org/public-works
Item # 31
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 20, 2024
TOPIC: Lighting Structure System and Control System for Santiago Park

AGENDA TITLE
Authorize an Appropriation Adjustment and Award a Purchase Order Contract to Musco Sports Lighting, LLC for LED Sports Lighting with Related Supplies and Services in an Amount Not to Exceed $732,955 (Specfication No. 24-020) (Non-General Fund)

RECOMMENDED ACTION

1. Authorize a one-time purchase and payment of a Purchase Order to Musco Sports Lighting, LLC for the purchase of LED sports lighting, control and monitoring system, and installation services for the Santiago Sports Complex in an amount not-toexceed $732,955, including a contingency of $63,736.

2. Authorize an Appropriation Adjustment for $732,955 from District 2 Acquisition and Development Fees Account (Acct. No. 31213002-53300) to District 2 Improvements Other than Buildings Account (Acct. No. 31213260-66220). (Requires five affirmative votes)
GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The Public Works Agency’s Parks Maintenance Division is responsible for overseeing and repairing various parks and facilities. In collaboration with Parks and Recreation staff, Public Works Staff evaluated the lighting at Santiago Park and determined that improvements need to be completed to support the various sporting and recreation events hosted at this site.

Santiago Park is home to multiple facilities such as a softball diamond, tennis court, and lawn bowling greens, all of which do not have sports court lighting. The limited lighting reduces the play and recreation opportunities for the community. Staff proposes installing new Musco LED light structures with luminaires that are energy efficient and include a 25-year warranty; saving the City maintenance costs for many years, while also providing energy efficient lighting and creating safer playing fields. The new sports lighting will include 10 galvanized steel poles and 46 factory aimed and assembled luminaires for the Santiago Sports Complex. These new light structures will facilitate operations after dusk with area lighting. The Control Link and Monitoring System City Council 31 – 1 2/20/2024
Lighting Structure System and Control System for Santiago Park February 20, 2024

provides remote light control to maximize lighting efficiency as staff will be able to remotely operate lighting with respect to park use and programming. The addition of new lights will increase the community’s sports and play options with lighted recreational amenities that will activate the park, thus decreasing vandalism and illegal activities.

Santa Ana City Ordinance No. NS-3041 authorizes the City to utilize purchase contracts for any public agency utilizing a competitive bid process. Sourcewell, a cooperative government purchasing agency, awarded a contract to Musco Sports Lighting, LLC. (Contract No. 041123-MSL) as a result of open competitive bidding on behalf of its members, which includes government agencies.

Staff researched available procurement options and product offerings in the market and determined that Musco Sports Lighting, LLC meets the City’s specifications. By leveraging the procurement power through cooperative purchasing, the City is able to obtain nationally vetted, high quality products at competitive volume pricing, and is in accordance with the City’s existing purchasing guidelines.

FISCAL IMPACT
Upon approval of the appropriation adjustment funding will be available in the current Fiscal Year 2023-2024 as follows.

Fiscal
Year
Accounting UnitAccount #Fund
Description
Accounting Unit,
Account
Description
Amount
2023-24 31213260-66220
Residential
Develop
District 2
Acquisition &
Development,
Improvements Other
Than Buildings
$732,955
TOTAL $732,955
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Tom Hatch, Interim City Manager
City Council 31 – 2 2/20/2024
Information Technology
www.santa-ana.org/information-technology
Item # 32
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 20, 2024
TOPIC: Firewall Hardware and Services

AGENDA TITLE
Award a Purchase Order in the Amount of $71,532 to AirGaps, LLC for Firewall Hardware and Services (Specification No. 24-015) (Non-General Fund)

RECOMMENDED ACTION
Authorize a one-time purchase and payment of Purchase Order to AirGaps, LLC for firewall hardware and services in an amount not to exceed $71,532.

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The Information Technology Department (IT) provides support to both City Hall and the Santa Ana Police Department (SAPD) data centers. The need to protect and ensure the safety of City’s digital assets is one of the top concerns facing the City today. To accomplish this goal, the City uses firewalls that provide protection against outside cyberattacks by enforcing policies that shield the City’s network and computer systems from malicious network traffic. Additionally, firewalls provide off-site and remote workers secure access into authorized data and network resources by facilitating VPN (Virtual Private Network) connections.

In order to keep current, staff recommends replacing legacy firewalls with upgraded next generation firewalls. Next-Generation Firewalls (NGFWs) are the latest in digital protection, helping to merge the best parts of traditional firewall technology with new security innovations that deliver optimal digital protection.

Santa Ana City Ordinance No. NS- 3041 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. Omnia Partners’ contract with AirGaps LLC for Security Products and Data Protection Solutions was awarded as a result of open, competitive bidding, and meets the City’s requirements.

FISCAL IMPACT
Funds in the amount of $71,532 are available for expenditure in the current Fiscal Year City Council 32 – 1 2/20/2024
Firewall Hardware and Services
February 20, 2024

2023-24 budget as follows:

Fiscal
Year
Accounting
Unit –
Account
Fund
Description
Accounting Unit,
Account Description
Amount
FY 23-24 10920149-66400 Information
Technology
IT Projects, Machinery
& Equipment
$ 71,532
Submitted By: Jack Ciulla, Chief Technology Innovations Officer Approved By: Tom Hatch, Interim City Manager
City Council 32 – 2 2/20/2024
Finance and Management Services
www.santa-ana.org/finance
Item # 33
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 20, 2024
TOPIC: Blanket Order Contract for Sundry Food and Paper Goods

AGENDA TITLE
Amend Blanket Order Contract with Smart & Final Stores LLC for Sundry Food and Paper Goods, for a Revised Annual Amount Not-to-Exceed $80,000 (Specification No. 19-046) (General Fund).

RECOMMENDED ACTION
Authorize the City Manager to execute an amendment to increase Blanket Order Contract authority with Smart & Final Stores LLC for the purchase of sundry food and paper goods by $35,000, for a revised annual amount not to exceed $80,000 for the current contract term expiring June 1, 2024, and allow automatic renewal of each annual contract term until terminated.

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
Various City Agencies purchase snacks, refreshments, and other various food-related items to provide to participants at City-sponsored events. Additionally, a variety of supplies and food items are provided at community events, including, but not limited to, the following: presentations, workshops, meetings, trainings, programs, and grand openings. Items purchased under this contract are generally needed in an expeditious manner. Smart & Final locations provide convenience and a wide-range of product offerings that allows staff the ability to shop for items not readily available otherwise. As community events and other approved activities, meetings, and trainings have increased since the contract with Smart & Final was first approved by the City Council in July 2, 2019, City staff is requesting an increase in contract authority to accommodate the need to supply food and paper goods for these activities. Staff is also requesting the ability to automatically renew the contract annually, as Smart & Final is the only known local grocery store that is agreeable to billing for products purchased, which expedites the process of coordinating activities.

Below are examples of activities and events that utilize the Smart & Final contract, listed by City agency.

City Council 33 – 1 2/20/2024
Blanket Order Contract for Sundry Food and Paper Goods
February 20, 2024

Agency Activity
Community
Development Agency
Community Development Commission, Workforce
Development Board, and Arts & Culture Commission
meetings; and Youth Workforce Readiness activities.

Parks, Recreation,
and Community
Services Agency
Summer Camp, After School Adventures, Project PRIDE,
and Senior Social Activities, other special events and public meetings.

Planning and Building
Agency
Com-Link meetings, Planning & Building Agency
Commission meetings, Consultant-led staff trainings,
Community Leadership Trainings, and other community
outreach meetings and events.

Police Department Parent/Teen Academy, Santa Ana Police Athletic & Activity League (PAAL), Community and Junior Police Academies,
Open House at the Police Department, National Night Out, Trunk or Treat, Pancakes with Santa Ana, 31 for 31
Run/Walk event, Family Justice Center events and supplies for residents/victims, other community engagement and popup events, trainings, and community meetings.

Public Works Agency Water Conservation Youth Poster Contest, consultant-led staff trainings, special events, community outreach meetings, including Water Conservation outreach events, trainings, and public meetings.

Santa Ana Library Teen Space and Summer Reading Program

FISCAL IMPACT
Funding is available in the current year budget within various departmental Miscellaneous Operating Expense accounts (no. 63001) and funding for subsequent fiscal years will be included in the proposed budgets for City Council consideration.

Submitted By: Kathryn Downs, FMSA Executive Director
Approved By: Tom Hatch, Interim City Manager
City Council 33 – 2 2/20/2024
Public Works Agency
www.santa-ana.org/public-works
Item # 34
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 20, 2024
TOPIC: Street Lighting Poles and Materials

AGENDA TITLE
Award Aggregate Blanket Order Contracts to Curley Wholesale Electric and Walters Wholesale Electric Co. for Street Lighting Poles and Materials in an Aggregate Amount Not to Exceed $2,500,000 (Specification No. 23-175) (General Fund and Non-General Fund)

RECOMMENDED ACTION
Award aggregate Blanket Order Contracts to vendors listed below for street lighting poles and materials on an as-needed basis in an annual not-to-exceed aggregate amount of $500,000, and a total not-to-exceed aggregate amount of $2,500,000, for an initial one-year period beginning February 21, 2024 and expiring February 20, 2025, with provisions for four one-year renewal options.

Vendor Location
Curley Wholesale Electric Santa Ana, CA
Walters Wholesale Electric Co. Brea, CA
GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The Public Works Agency’s Traffic Engineering Division oversees and maintains over 14,000 streetlight and traffic signal poles citywide. Often, the streetlight and traffic signal poles are damaged or compromised due to traffic collisions, electrical surges, vandalism, rust, or normal weather damage. Once the pole is compromised, the pole and appurtenances must be replaced immediately to minimize traffic delays and maintain the safety of the public. Generally, obtaining replacement poles requires a seven to ten-month advance order due to limited availability, custom pole types, and supply chain issues. To expedite the streetlight pole replacement, staff recommends the pre-purchasing of poles and associated materials to have them readily available for emergencies and immediate installation.

City Council 34 – 1 2/20/2024
Street Lighting Poles and Materials
February 20, 2024

The Invitation for Bids (IFB) No. 23-175 was advertised on November 20, 2023 on the City’s online bid and management publication system, PlanetBids. A summary of vendor participation and results is as follows:
188 Vendors notified
8 Santa Ana vendors notified
30 Vendors downloaded the bid packet
3 Bids received
1 Bid received from Santa Ana vendors
Bids were solicited, opened on December 14, 2023, and evaluated (Exhibit 1). Three bids were submitted by the IFB deadline but not all were determined to be responsible, responsive to the specifications, and meeting the City’s requirements. Purple Energy submitted bid pricing for only two of 26 bid items. Staff recommends awarding contracts to Curley Wholesale Electric and Walters Wholesale Electric Co. to ensure availability of resources.

Local Outreach Efforts
The Purchasing Division advertised this project on the City’s online bid management and publication system, which directly notified eight Santa Ana vendors, one of which downloaded the IFB and submitted a bid for consideration. Additionally, staff performed supplemental outreach by personally contacting recommended local vendors by telephone and email to notify them of the bidding opportunity, provide registration instructions, and other general information about the bidding process.

FISCAL IMPACT
Funding is available in the FY 2023-24 budget and funding for subsequent fiscal years will be included in the proposed budgets for City Council consideration. The following table summarizes the funds budgeted and available for expenditure to deliver agreement services.

Fiscal Year Accounting UnitAccount #Fund
Description
Accounting Unit,
Account Description
Amount
Agreement 1-Year Term
FY 23-24 01117630-62321 General
Fund
PW-St Light Maint Serv
Enhcmn, Maintenance
& Repair Improvement
$200,000
FY 23-24 02917620-62300 Special Gas
Tax
Traffic Signal
Maintenance- Contract
Services
$100,000
FY 23-24 01117620-62300 General
Fund
Traffic/Trans. Services
Enhancement-Contract
Services
$200,000
Extension Options
FY 24-25 01117630-62321 General
Fund
Streetlight
Maintenance-
$200,000
City Council 34 – 2 2/20/2024
Street Lighting Poles and Materials
February 20, 2024

Fiscal Year Accounting UnitAccount #Fund
Description
Accounting Unit,
Account Description
Amount
Maintenance & Repair
Improvement
FY 24-25 02917620-62300 Special Gas
Tax
Traffic Signal
Maintenance-Contract
Services
$100,000
FY 24-25 01117620-62300 General
Fund
Traffic/Trans. Services
Enhancement-Contract
Services
$200,000
FY 25-26 01117630-62321 General
Fund
Streetlight
MaintenanceMaintenance & Repair
Improvement
$200,000
FY 25-26 02917620-62300 Special Gas
Tax
Traffic Signal
Maintenance- Contract
Services
$100,000
FY 25-26 01117620-62300 General
Fund
Traffic/Trans. Services
EnhancementContract Services
$200,000
FY 26-27 01117630-62321 General
Fund
Streetlight
MaintenanceMaintenance & Repair
Improvement
$200,000
FY 26-27 02917620-62300 Special Gas
Tax
Traffic Signal
Maintenance- Contract
Services
$100,000
FY 26-27 01117620-62300 General
Fund
Traffic/Trans. Services
Enhancement-Contract
Services
$200,000
FY 27-28 01117630-62321 General
Fund
Streetlight
MaintenanceMaintenance & Repair
Improvement
$200,000
TOTAL $2,500,000

EXHIBIT(S)

1. Bid Abstract
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Tom Hatch, Interim City Manager
City Council 34 – 3 2/20/2024

BIDDER LOCATION TOTAL
Curley Wholesale Electric Santa Ana, CA $ 437,068.50
Purple Energy* Brooklyn, NY $ 23,402.50
Walters Wholesale Electric Co Brea, CA $ 465,600.00
*Note: Purple Energy bid on only 2 of 26 of bid items.

Street Lighting Poles and Materials (23-175)

ABSTRACT OF BIDS
EXHIBIT 1
City Council 34 – 4 2/20/2024
City Manager Office
www.santa-ana.org/city-managers-office
Item # 35
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 20, 2024
TOPIC: City Council Aide Consultancy Services

AGENDA TITLE
Approve Second Amendments to Agreements with Claudia Perez, Andrew Linares, and Valerie Magdaleno for City Council Aide Consultancy Services (General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute amendments to the agreements with Claudia Perez, Andrew Linares, and Valerie Magdaleno for City Council aide consultancy services to increase the not-to-exceed amount of each agreement by $10,000, for a total amount not to exceed $60,000 per each agreement, and to extend the term of the agreements to June 30, 2024. (Agreement Nos. A-2024-XXX, A-2024-XXX, A-2024- XXX)
GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
During Fiscal Year 2022-23, the City Council appropriated $420,000 to be budgeted annually to provide City Council aide consultancy services for each member of the City Council. Under this program, each councilmember may direct the City Manager’s Office to engage one or more independent contractors to provide services to that councilmember; these direct services augment general City Council staff support provided by the City Manager’s Office and include one or more of the following: (1) data collection and analysis, program evaluation, and public policy; (2) community engagement; and (3) constituent services.

As directed by the City Council, the City Manager’s Office allocates $60,000 for these services for each of the seven members of the City Council, totaling $420,000. The table below provides an overview of all existing agreements for City Council aide consultancy services.

City Council 35 – 1 2/20/2024
City Council Aide Consultancy Services
February 20, 2024

Independent
Contractor Name
Provides Services
to
Agreement
Amount
Term End Date
Claudia Perez Mayor Amezcua $50,000 April 30, 2024
Lisbeth Rosales Mayor Pro Tem
Phan
$15,000 December 31, 2024
Dustin Lam Mayor Pro Tem
Phan
$15,000 December 31, 2024
Amanda Tran Mayor Pro Tem
Phan
$5,000 December 31, 2024
Jenny Igual Councilmember
Vazquez
$30,000 June 30, 2024
Elizabeth Alvarado Councilmember
Vazquez
$30,000 June 30, 2024
Yenni Diaz Councilmember
Vazquez
$25,000 June 30, 2024
Valerie Magdaleno Councilmember
Lopez
$50,000 April 30, 2024
Andrew Linares Councilmember
Bacerra
$50,000 April 30, 2024
Fatima Alavos Councilmember
Hernandez
$30,000 June 30, 2024
Terry Tucker Councilmember
Hernandez
$30,000 June 30, 2024
Frida Ramirez Councilmember
Penaloza
$40,000 June 30, 2024
Ricardo Sandoval Councilmember
Penaloza
$20,000 June 30, 2024
Until now, all agreements for City Council aide consultancy services have been executed by the City Manager in accordance with the City Manager’s award authority of $50,000 (per the Purchasing Policy Ordinance). To provide for a compensation amount of $60,000 for each of the three independent contractors who are projected to reach the annual budgeted allocation per councilmember, staff recommends that the City Council approve amendments to the agreements with Claudia Perez, Andrew Linares, and Valerie Magdaleno.

FISCAL IMPACT
This item includes three proposed amendments that, if approved by the City Council, will increase City Council aide consultancy services-related expenditures by $30,000 for the remainder of FY 2023-24. Funds in the amount of $30,000 are available for expenditure in the City Council Serv. Enhancement – Contracted Vendor Personnel Services account (no. 01104012-62302).

City Council 35 – 2 2/20/2024
City Council Aide Consultancy Services
February 20, 2024

EXHIBIT(S)

1. Second Amendment to Agreement with Claudia Perez

2. Second Amendment to Agreement with Andrew Linares

3. Second Amendment to Agreement with Valerie Magdaleno Submitted By: Tom Hatch, Interim City Manager
Approved By: Tom Hatch, Interim City Manager
City Council 35 – 3 2/20/2024

SECOND AMENDMENT TO CONSULTANT AGREEMENT WITH CLAUDIA PEREZ

TO PROVIDE LEGISLATIVE SUPPORT SERVICES FOR

MAYOR VALERIE AMEZCUA
THIS SECOND AMENDMENT to the above-referenced agreement is entered into on March 5, 2024, by and between Claudia Perez (“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 parties entered into Agreement No. N-2023-187 (“Agreement”) dated July 1, 2023, to provide legislative support services for Mayor Valerie Amezcua.

B. On November 7, 2023, the parties entered into a First Amendment to the Agreement (#N2023-187-01) to extend the term of the Agreement until April 30, 2024, revise the Consultant’s hourly rates, and increase the total “not-to-exceed” amount to the available compensation. The Agreement is current and in effect.

C. The parties now wish to further amend the Agreement to increase the total “not to exceed” amount available under the Agreement and to extend the term of the Agreement. No other changes are contemplated by this Second Amendment.

The Parties therefore agree:

1. Section 2.a., Compensation, is amended to read as follows: City agrees to pay, and Consultant agrees to accept as total payment for Consultant’s services for City, the amounts listed in sections 2.b. through 2.f. of this Agreement. The total sum to be expended during the term of this Agreement shall not exceed $60,000.00.

2. Section 3, Term, is amended to read as follows: This Agreement shall commence on July 1, 2023 and terminate on June 30, 2024, unless terminated earlier in accordance with Section 15, below.

3. Except as modified by this Second Amendment, all terms and conditions of the Agreement, as amended, shall remain in full force and effect.
[signatures on following page]
City Council 35 – 4 2/20/2024
City Attorney
Jonathan T. Martinez
Assistant City Attorney

SIGNATURE PAGE FOR SECOND AMENDMENT TO CONSULTANT AGREEMENT

WITH CLAUDIA PEREZ TO PROVIDE LEGISLATIVE SUPPORT SERVICES FOR

MAYOR VALERIE AMEZCUA
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first written above.

Jennifer L. Hall Thomas R. Hatch
City Clerk Interim City Manager

APPROVED AS TO FORM CONSULTANT
SONIA R. CARVALHO
Claudia Perez
City Council 35 – 5 2/20/2024

SECOND AMENDMENT TO CONSULTANT AGREEMENT WITH ANDREW

LINARES TO PROVIDE LEGISLATIVE SUPPORT SERVICES FOR

COUNCILMEMBER PHIL BACERRA
THIS SECOND AMENDMENT to the above-referenced agreement is entered into on March 5, 2024, by and between Andrew Linares(“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 parties entered into Agreement No. N-2023-195 (“Agreement”) dated July 1, 2023, to provide legislative support services for Councilmember Phil Bacerra.

B. On November 7, 2023, the parties entered into a First Amendment to the Agreement (#N2023-195-01) to extend the term of the Agreement until April 30, 2024, and increase the total “not-to-exceed” amount to the available compensation. The Agreement is current and in effect.

C. The parties now wish to further amend the Agreement to increase the total “not to exceed” amount available under the Agreement and to extend the term of the Agreement. No other changes are contemplated by this Second Amendment.

The Parties therefore agree:

1. Section 2.a., Compensation, is amended to read as follows: City agrees to pay, and Consultant agrees to accept as total payment for Consultant’s services for City, the amounts listed in sections 2.b. through 2.f. of this Agreement. The total sum to be expended during the term of this Agreement shall not exceed $60,000.00.

2. Section 3, Term, is amended to read as follows: This Agreement shall commence on July 1, 2023 and terminate on June 30, 2024, unless terminated earlier in accordance with Section 15, below.

3. Except as modified by this Second Amendment, all terms and conditions of the Agreement, as amended, shall remain in full force and effect.
[signatures on following page]
City Council 35 – 6 2/20/2024
City Attorney
Jonathan T. Martinez
Assistant City Attorney

SIGNATURE PAGE FOR SECOND AMENDMENT TO CONSULTANT AGREEMENT

WITH ANDREW LINARES TO PROVIDE LEGISLATIVE SUPPORT SERVICES FOR

COUNCILMEMBER PHIL BACERRA
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first written above.

Jennifer L. Hall Thomas R. Hatch
City Clerk Interim City Manager

APPROVED AS TO FORM CONSULTANT
SONIA R. CARVALHO
Andrew Linares
City Council 35 – 7 2/20/2024

SECOND AMENDMENT TO CONSULTANT AGREEMENT WITH VALERIE

MAGDALENO TO PROVIDE LEGISLATIVE SUPPORT SERVICES FOR

COUNCILMEMBER JESSIE LOPEZ
THIS SECOND AMENDMENT to the above-referenced agreement is entered into on March 5, 2024, by and between Valerie Magdaleno (“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 parties entered into Agreement No. N-2023-165 (“Agreement”) dated July 1, 2023, to provide legislative support services for Councilmember Jessie Lopez (then Mayor Pro Tem Jessie Lopez).

B. On November 7, 2023, the parties entered into a First Amendment to the Agreement (#N2023-165-01) to extend the term of the Agreement until April 30, 2024, revise the Consultant’s hourly rates, and increase the total “not-to-exceed” amount to the available compensation. The Agreement is current and in effect.

C. The parties now wish to further amend the Agreement to increase the total “not to exceed” amount available under the Agreement and to extend the term of the Agreement. No other changes are contemplated by this Second Amendment.

The Parties therefore agree:

1. Section 2.a., Compensation, is amended to read as follows: City agrees to pay, and Consultant agrees to accept as total payment for Consultant’s services for City, the amounts listed in sections 2.b. through 2.f. of this Agreement. The total sum to be expended during the term of this Agreement shall not exceed $60,000.00.

2. Section 3, Term, is amended to read as follows: This Agreement shall commence on July 1, 2023 and terminate on June 30, 2024, unless terminated earlier in accordance with Section 15, below.

3. Except as modified by this Second Amendment, all terms and conditions of the Agreement, as amended, shall remain in full force and effect.
[signatures on following page]
City Council 35 – 8 2/20/2024
City Attorney
Jonathan T. Martinez
Assistant City Attorney

SIGNATURE PAGE FOR SECOND AMENDMENT TO CONSULTANT AGREEMENT

WITH VALERIE MAGDALENO TO PROVIDE LEGISLATIVE SUPPORT SERVICES

FOR COUNCILMEMBER JESSIE LOPEZ
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first written above.

Jennifer L. Hall Thomas R. Hatch
City Clerk Interim City Manager

APPROVED AS TO FORM CONSULTANT
SONIA R. CARVALHO
Valerie Magdaleno
City Council 35 – 9 2/20/2024
Community Development Agency
www.santa-ana.org/community-development
Item # 36
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 20, 2024
TOPIC: Administrative and Technical Support for CDBG, HOME, ESG, and WIOA Programs

AGENDA TITLE
Approve an Amendment to the Agreement with MDG Associates, Inc. to Continue Providing Administrative and Technical Support for CDBG, HOME, ESG, and WIOA Programs

RECOMMENDED ACTION
Authorize the City Manager to execute an amendment to the agreement with MDG Associate, Inc. to continue providing administrative and technical support for the Community Development Block Grant (CDBG), HOME Investment Partnership Program (HOME), Emergency Solutions Grant (ESG), and Workforce Innovation and Opportunity Act (WIOA) federal grant programs, expanding the scope of work to include the fiveyear Consolidated Plan and FY 2025 Annual Action Plan, increasing the not-to-exceed amount by $44,500, and extending the term for one year, for a total agreement amount of $259,616 (Agreement No. A-2024-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
On May 19, 2020, the City Council authorized the City Manager to execute an agreement with MDG Associates, Inc. (MDG) to assist in the administration and monitoring of the Community Development Block Grant (CDBG), HOME Investment Partnership Program (HOME), Emergency Solutions Grant (ESG), and Workforce Innovation and Opportunity Act (WIOA) federal grant programs in an amount not to exceed $215,116 over a three-year period, beginning July 1, 2020 and expiring June 30, 2023 (Exhibit 1). In compliance with the terms of the agreement, the City Manager administratively extended the Agreement for one year until June 30, 2024.

The City uses federal funds from the U.S. Department of Housing and Urban Development (HUD) and the U.S. Department of Labor for MDG to provide on-call administrative and technical support services and grant monitoring of sub-recipients for the City’s federal and state grants. To meet federal and state regulatory requirements, the City needs qualified consultants with experience in grant monitoring, technical support, and administrative services.

City Council 36 – 1 2/20/2024
Administrative and Technical Support for CDBG, HOME, ESG, and WIOA Programs February 20, 2024

Grant monitoring ensures that the City’s CDBG, HOME, ESG, and WIOA funds are only used for authorized and eligible purposes, in compliance with federal regulations and the terms and conditions of the sub-awards. For example, the City needs to confirm that nonprofit organizations that receive City funds are spending the funds correctly and in compliance with the regulations. The technical support services involve applying MDG’s knowledge of the Uniform Administrative Requirements, cost principles, and audit requirements for federal awards at 2 CFR 200 and various other grant-specific financial and technical support services. The administrative services include on-call grant administration of one or more of the City’s grant programs, when necessary, to ensure the City does not fall out of compliance and eligibility for the renewal of program funding. In addition, administrative services include but are not limited to maintaining financial and programmatic records and preparation for submission of compliance reports, including the five-year Consolidated Plans, Annual Action Plans, Consolidated Annual Performance and Evaluation Reports, Section 3 compliance reports, minorityand women-owned businesses reporting, and other reports as needed to ensure the City's programs comply with all of the respective program regulations.

This Amendment to the Agreement with MDG will increase the Agreement by $44,500 for a new total agreement amount of $259,616 (Exhibit 2). The specific purpose of this increase is for MDG to assist the City with the five-year Consolidated Plan and FY 2025 Annual Action Plan. The five-year Consolidated Plan is a project that requires a substantial amount of staff time. Specifically, MDG will update the City’s Needs Assessment and Market Analysis data using the most current information from the American Community Survey and Comprehensive Housing Affordability Strategy datasets. MDG will also prepare community and stakeholder surveys, facilitate inperson and remote meetings, draft the five-year Consolidated Plan and FY 2025 Annual Action Plan, and finalize these documents based on City feedback. MDG will also prepare documentation for public hearings, ensure compliance with the City’s Citizen Participation Plan, and submit the five-year Consolidated Plan and FY 2025 Annual Action Plan in HUD’s Integrated Disbursement and Information System.

This amendment will also extend the agreement term with MDG for one year. With the addition of this one year, the term of the agreement will end June 30, 2025.

FISCAL IMPACT
Funding for this Amendment to the Agreement for $44,500 will be made available during Fiscal Year 2024-25 from the CDBG, HOME, and ESG programs’ Contract ServicesProfessional accounts:

Fiscal Year Grant
Year
Accounting
Unit-Account #
Fund
Description
Accounting Unit,
Account Description Amount
FY 2024-25 2024 13518780-62300 CDBG
Administration
Contract ServicesProfessional $35,000
FY 2024-25 2024 13018780-62300 HOME Program Contract ServicesProfessional $7,000 FY 2024-25 2024 13518785-62300 ESG Contract ServicesProfessional $2,500 City Council 36 – 2 2/20/2024
Administrative and Technical Support for CDBG, HOME, ESG, and WIOA Programs February 20, 2024

Total for FY 2024-25 $ 44,500

EXHIBIT(S)

1. Staff Report from May 19, 2020

2. Amendment to Agreement with MDG Associates, Inc.

Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Tom Hatch, Interim City Manager
City Council 36 – 3 2/20/2024
City Council 36 – 4 2/20/2024
City Council 36 – 5 2/20/2024
MDG Associates · Inc.

Consolidated Plan and Supporting Documents
December 1, 2023
Corporate Headquarters
10722 Arrow Route, Suite 822
Rancho Cucamonga, CA 91730
Telephone (909) 476 – 9696
Fax (909) 476– 6086
Contact: Rudy Muñoz, President
EXHIBIT A-1
City Council 36 – 6 2/20/2024
Budget Details
12/1/2023 MDG Associates Inc 2
Task Budget Timeline
Citizen Participation Plan Review $3,500 June 30, 2024
Language Access Plan Update $3,000 June 30, 2024
Consolidated Plan and Year 1 AAP $38,000 May 15, 2025
TOTAL $44,500
All costs will be invoiced as a fixed fee line item which will be billed at MDG’s current hourly rates.

MDG will invoice the Citizen Participation and Language Access Plan Update upon completion. MDG will invoice the Consolidated Plan/Year 1 AAP via the following schedule:

Completion of first Public Meeting: $11,000
Completion of draft Consolidated Plan: $11,000
Submission of Consolidated Plan in IDIS: $10,000
Acceptance of Consolidated Plan by HUD: $6,000
City Council 36 – 7 2/20/2024
Citizen Participation Review
MDG will conduct a monitoring level review of the existing Citizen Participation Plan and provide a written summary to Santa Ana with recommendations to better ensure compliance with HUD regulations and strategies to streamline and simplify the document.

Based on feedback from the City, MDG will complete the revisions to the Citizen Participation Plan and provide Santa Ana with the public noticing documentation needed for the updated Citizen Participation Plan to be adopted by City Council.

Language Access Plan
Using current Census data, MDG will conduct an updated four-step analysis of the primary languages spoken in the City. Based on the analysis, MDG will prepare an updated Language Access Plan for the City to use for all HUD CPD programs. MDG will conduct one round of revisions on the document based on City comments and feedback.

Consolidated Plan and Year 1 Annual Action Plan
MDG will prepare the FY2025 Consolidated Plan and FY2025 Annual Action Plan. Specifically, MDG will complete the following tasks:
• Update Needs Assessment and Market Analysis data based on the most current data available (as of March 1, 2024) for the American Community Survey (ACS) and Comprehensive Housing Affordability Strategy (CHAS) data sets
• Prepare online and paper-based community and stakeholder surveys to gather feedback on community needs and conditions • Facilitate two (2) in-person community meetings to gather feedback on community needs. One meeting will be counted as the first public meeting to comply with Citizen Participation Requirements.
• Prepare noticing and marketing documentation for community meetings
• Facilitate four (4) remote stakeholder meetings to gather feedback on community needs and conditions
• Draft the FY2025 Consolidated Plan
• Draft the FY2025 Action Plan
• Finalize the Consolidated Plan and Action Plan based on City feedback
• Prepare noticing for the second public hearing to accept the Consolidated Plan and 30-day comment period
• Finalize Consolidated Plan and Action Plan as needed
• Submit Consolidated Plan and Action Plan in IDIS
During the Consolidated Plan process, MDG anticipates the City will complete the following tasks:
• Print, distribute, collect and scan paper-based surveys to MDG • Assist with stakeholder identification and outreach
• Lead the second public hearing (remote MDG support)
• Conduct one round of review on all documents submitted to the City
• Submit and pay for notices to be posted in the newspaper • Translate any documents in languages other than Spanish (as needed by LAP)
Deliverable Descriptions
12/1/2023 MDG Associates Inc 3 City Council 36 – 8 2/20/2024 Parks, Recreation, and Community Services
www.santa-ana.org/parks-recreation
Item # 37
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 20, 2024
TOPIC: Veterinary Services for the Santa Ana Zoo

AGENDA TITLE
Agreement with The Critter Care Center, Inc. for Veterinary Services for the Santa Ana Zoo

RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with The Critter Care Center, Inc. to provide veterinary services for the Santa Ana Zoo in an annual amount not to exceed $180,999.80, which includes a $20,000 contingency, for a term from March 1, 2024 through February 28, 2027, with two, one-year renewal options, for a total amount not to exceed $904,999. (General Fund) (Agreement No. A-2024-XXX) GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
The Santa Ana Zoo at Prentice Park is required by the United States Department of Agriculture (USDA) to provide veterinary services for the population of animals maintained at the Zoo in order to maintain its USDA Class C Exhibitor’s License.

The Request for Proposals (RFP) No. 23-183 was advertised on December 11, 2023, on the City’s online bid and management publication system. A summary of the invitation for bids and bids received follows:
2 Vendors notified
0 Santa Ana vendors notified
4 Vendors downloaded the bid packet
1 Bid received
0 Bids received from Santa Ana Vendors
The proposal was evaluated according to the criteria listed in the RFP, which includes vendor responsiveness, experience, the fee proposal, and references to ensure that the proposal met the standards of the zoo. Staff performed extensive outreach prior to the 2020 agreement to find other potential vendors, however there were limited responses.

Staff faces a continuing issue to find additional vendors for veterinary care and services.

City Council 37 – 1 2/20/2024
Veterinary Services for the Santa Ana Zoo

While only one proposal was received, City staff is confident that The Critter Care Center, Inc. will continue to provide quality services for the Santa Ana Zoo.

Dr. Audra Silveria of The Critter Care Center, Inc. is the zoo’s current veterinarian, has extensive exotic animal veterinary experience, and has established a comprehensive animal health program to monitor the wellness of the animals cared for at the Zoo.

Through routine, twice-weekly zoo-facility visits to examine the animals’ health and care, and maintenance of medical history records for each animal, Dr. Silveria is able to provide preventative and curative medical care for the entire zoo population. The veterinary team is available seven days a week via phone and text message to maintain the quality of animal care and address any issues that arise outside of the given on-site times. Staff recommends entering into a new agreement with The Critter Care Center, Inc. for a three-year term with two, one-year renewal options.

The total cost for this agreement has increased from the previous agreement with The Critter Care Center, Inc. for two main reasons: one, the scope of services has changed from one day of on-site services to two days; and two, veterinary costs have increased due to an on-going shortage of qualified veterinary professionals and increased demand for specialized services.

The Friends of Santa Ana Zoo contributes $60,000 annually to the City for the cost of veterinary services at the Zoo and will continue this contribution with the new agreement.

FISCAL IMPACT
Funds are budgeted and available in the following account for the current year and will be budgeted and made available for the following years, subject to City Council approval.

Fiscal
Year
Accounting
Unit-Account #
Fund
Description
Accounting Unit, Account
Description
Amount
FY 23-24 01113017-62300 General
Fund
PRCSA Service EnhancementContractual Services
Professional
$60,333
FY 24-25 01113220-62300 General
Fund
PRCSA-Zoo-Contractual
Services Professional
$180,999
FY 25-26 01113220-62300 General
Fund
PRCSA-Zoo-Contractual
Services Professional
$180,999
FY 26-27 01113220-62300 General
Fund
PRCSA-Zoo-Contractual
Services Professional
$180,999
FY 27-28 01113220-62300 General
Fund
PRCSA-Zoo-Contractual
Services Professional
$180,999
City Council 37 – 2 2/20/2024
Veterinary Services for the Santa Ana Zoo

FY 28-29 01113220-62300 General
Fund
PRCSA-Zoo-Contractual
Services Professional
$120,666

EXHIBIT(S)

1. Agreement
Submitted By: Hawk Scott, Executive Dir. of Parks, Recreation and Community Services
Approved By: Tom Hatch, Interim City Manager
City Council 37 – 3 2/20/2024
City Council 37 – 4 2/20/2024
City Council 37 – 5 2/20/2024
City Council 37 – 6 2/20/2024
City Council 37 – 7 2/20/2024
City Council 37 – 8 2/20/2024
City Council 37 – 9 2/20/2024
City Council 37 – 10 2/20/2024
City Council 37 – 11 2/20/2024
City Council 37 – 12 2/20/2024
City Council 37 – 13 2/20/2024
City Council 37 – 14 2/20/2024
City Council 37 – 15 2/20/2024
City Council 37 – 16 2/20/2024
City Council 37 – 17 2/20/2024
City Council 37 – 18 2/20/2024
City Council 37 – 19 2/20/2024
City Council 37 – 20 2/20/2024
City Council 37 – 21 2/20/2024
City Council 37 – 22 2/20/2024
City Council 37 – 23 2/20/2024
City Council 37 – 24 2/20/2024
Parks, Recreation, and Community Services
www.santa-ana.org/parks
Item # 38
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 20, 2024
TOPIC: Food and Beverage Concession Services at the Santa Ana Zoo

AGENDA TITLE
Approve an Agreement with Bean Sprouts at the Santa Ana Zoo

RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Bean Sprouts, LLC dba Bean Sprouts to provide food and beverage concession services at the Santa Ana Zoo with a 6% revenue share to the City on the first $300,000, 8% revenue share between $300,001 - $500,000, and 10% revenue share above $500,000 in cumulative café net sales for a given contract year, March 18 to March 17 of the following year, for an initial term of three years, effective March 18, 2024, with two 2-year renewal options (Agreement No. A-2024-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
The Santa Ana Zoo at Prentice Park welcomes 250,000 visitors per year from all over Orange County and beyond. To enhance the visitor experience, the Zoo food concession provides a variety of hot and cold meals, beverages, and snack food items.

Including alcohol beverage services in this new agreement will further enhance visitor satisfaction and stay time, promote local Santa Ana breweries, and provide a new revenue stream offsetting Zoo operational costs. Alcohol-based beverage offerings are now commonplace in zoos, aquariums, and museums with over 50% of Association of Zoos and Aquariums facilities offering alcohol-based beverages as part of their food concession program. The ABC license directly ties to the food licensee and must be the held by the same entity.

The existing Zoo concessionaire commenced services in 2018 and has an agreement in place through March 17, 2024. On May 25, 2023, a Request for Proposals (RFPs) was issued to solicit proposals for providing food and beverage concession services at the Santa Ana Zoo. An evaluation committee reviewed and rated the proposal.

City Council 38 – 1 2/20/2024
Food and Beverage Concession Services at the Santa Ana Zoo February 20, 2024

The Request for Proposals (RFP) No. 23-040 was advertised on May 25, 2023, on the City’s online bid and management publication system. A summary of the invitation for the bids and bids received is as follows:
79 Vendors notified
8 Santa Ana vendor notified
19 Vendors downloaded the bid packet
1 Bids received
0 Bids received from Santa Ana Vendors
The proposal was evaluated according to the criteria listed in the RFP, which includes vendor responsiveness, experience, the fee proposal, and references to ensure that the proposal met the standards of the zoo. While only one proposal was received, City staff is confident that Bean Sprouts will provide quality services and product to users of the Santa Ana Zoo.

Bean Sprouts’ sole focus is serving family destinations and the importance of the visitor experience. They complement their environmentally responsible and sustainable efforts with high-quality ingredient guidelines that emphasize organic, hormone- and antibioticfree offerings. With a menu that includes sandwiches, salads, pizzas, and organic espresso bar alongside the “Imaginibbles kids” menu, Santa Ana Zoo staff believes that their operational philosophy is in line with the mission and goals of the zoo.

Additionally, the fresh, non-fried menu food options lend themselves to quicker service to customers.

Bean Sprouts has been well-received by visitors over the past five years and the new addition of alcohol sales will further enhance the services they provide.

The agreement will provide the City with a tiered revenue-share plan that includes a share of net sales (total sales amount before applicable taxes). • 6% Revenue Share - Up to $300,000
• 8% Revenue Share - $300,001-500,000
• 10% Revenue Share - Over $500,000
Additionally, Bean Sprouts will invest up to $50,000 for install of improved service windows in the café area, purchase of a mobile cart, and expenses related to compliance with ABC and SAMC requirements for alcohol sales.

Bean Sprouts has already had initial conversations with City staff and the ABC about licensing. There are a number of compliance steps required for successful licensing and Bean Sprouts will immediately take further steps with approval of this agreement.

There will be no downtime or lapse in service for zoo visitors as Bean Sprouts is currently providing food concession and will continue with approval of this agreement.

City Council 38 – 2 2/20/2024
Food and Beverage Concession Services at the Santa Ana Zoo February 20, 2024

FISCAL IMPACT
Based on past performance and the addition of alcohol service, City staff conservatively projects annual net sales of approximately $450,000 during the first contract year of the new agreement, which would result in $30,000 revenue to the City. Revenue projections will be periodically reviewed and incorporated as part of the annual city-wide budget formulation process. The City’s revenue share will be calculated monthly and funds will be deposited in the following account: PRCSA, Food Sale Concession revenue account (no. 01113002-53313).

EXHIBIT(S)

1. Agreement
Submitted By: Hawk Scott, Executive Dir. of Parks, Recreation and Community Services
Approved By: Tom Hatch, Interim City Manager
City Council 38 – 3 2/20/2024

#19793v7

FOOD SERVICE CONCESSION AGREEEMENT BETWEEN CITY OF SANTA ANA

AND BEAN SPROUTS LLC DBA BEAN SPROUTS FOR SANTA ANA ZOO THIS AGREEMENT is made and entered into on this 20th day of February, 2024 by and between Bean Sprouts, LLC, a Wisconsin limited liability company dba Bean Sprouts (“Bean Sprouts”), 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 vendor having special skill and knowledge in the field of providing healthy, kid-friendly food and beverages for the Santa Ana (“Zoo”).

B. City issued a Request for Proposals (“RFP”) No. 23-040 for food and beverage concessions on May 25, 2023, incorporated by reference herein.

C. Bean Sprouts submitted a responsive proposal that was selected by the City. Bean Sprouts represents that it is able and willing to provide the services described in the scope of work that was included in RFP 23-040.

D. In undertaking the performance of this Agreement, Bean Sprouts represents that it is knowledgeable in its field and that any services performed by Bean Sprouts 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. DEFINITIONS
a. Café Net Sales shall mean all monies paid to Bean Sprouts (whether cash or credit) for retail sales made to customers on the Premises (defined below), including alcohol and catering sales; provided that Café Net Sales shall not include (1) sales taxes that are separately stated and that Bean Sprouts is required to collect from customers and pay to a taxing authority; (2) authorized discounts given to employees, volunteers, or members; and (3) monies paid to Bean Sprouts that are subsequently refunded to customers.
b. Fiscal Year shall be July 1st to June 30th.

2. SCOPE OF SERVICES
Bean Sprouts shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in “Scope of Services,” which was included in RFP No. 23-040 and is attached hereto and fully incorporated herein by reference as Exhibit A, and as more specifically set forth in Bean Sprout’s proposal, which is attached hereto City Council 38 – 4 2/20/2024

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and fully incorporated herein by reference as Exhibit B.

3. CONSIDERATION
a. In consideration for the concession rights granted by this Agreement, City and Bean Sprouts agree to a tiered revenue-share model:
(1) Six percent (6.0%) of Café Net Sales collected by Bean Sprouts for the initial $300,000 in cumulative Café Net Sales for a given Fiscal Year. (2) Eight percent (8.0%) of Café Net Sales collected by Bean Sprouts for revenues between $300,001 and $500,000 in cumulative Café Net Sales for a given Fiscal Year.
(3) Ten percent (10.0%) of Café Net Sales collected by Bean Sprouts for revenues above $500,000 in cumulative Café Net Sales for a given Fiscal Year. b. Bean Sprouts shall invest up to $50,000 which can include:
(1) New serving windows/screens.
(2) A mobile cart, to be utilized during high traffic times and special events. (3) All expenses necessary to comply with security and safety measures in Santa Ana Municipal Code (“SAMC”) section 41-196(g), as it may be amended from time to time, such as security cameras, signage, stanchions, etc. (4) All necessary expenses to comply with Alcohol Beverage Control (ABC) and SAMC requirements for serving alcohol at the Zoo.
c. In the event that Bean Sprouts is delinquent in paying any payments due under this Agreement for more than thirty (30) days, City shall be entitled to collect interest on those delinquent funds in the maximum amount allowed by law at the time. City will also be entitled to attorney’s fees expended in collecting the delinquent amounts. City will also be entitled to any and all other remedies available pursuant to the law.

4. TERM
This Agreement shall commence on March 18, 2024 for a three (3) year term with the option for the City to grant up to two (2), two-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below.

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5. ATTENDANCE GUARANTEE
The Zoo's average annual attendance is 240,000 set forth the City of Santa Ana’s Request For Proposal No. 23-040. Within ten (10) days of the end of each month during the Term, the Zoo Manager shall provide to Bean Sprouts updated daily attendance statistics reflecting the attendance numbers for the previous month. If, at any time during the Term, the attendance at the Zoo falls to 90% or less of 240,000 on a rolling twelve-month basis, then the City and Bean Sprouts will negotiate in good faith to reduce the payments required to be made by Bean Sprouts set forth in Section 3 hereof. If, at any time during the Term, the visitor base at the Zoo falls to 75% or less of the figures shown in the Attendance Proiections on a rolling twelve-month basis, then Bean Sprouts shall havethe right to terminate this Agreement by providing ninety (90) days' written notice ot City.

6. LIQUOR LICENSE
a. Application
(1) As set forth in Section 3(b)(4) of this Agreement, Bean Sprouts shall obtain a type 47 ABC license (“Liquor License”) for the Premises (defined below) at its sole cost.
(2) City agrees to assist Bean Sprouts obtain a Liquor License. Such assistance includes, but is not limited to:
i. Drafting letters to ABC explaining zoo hours of operations, including daily hours and special event hours; because there is no conditional use permit, City shall set operating hours.
ii. Providing a written request as set forth in California Business & Professions Code section 23824, as it may be amended from time to time, in support of the issuance of a Liquor License for the Premises. b. Operations
(1) The City will work with Bean Sprouts to develop and implement an alcohol security plan.
(2) The City will work with Bean Sprouts on signage across the Zoo to indicate where alcohol is prohibited.
(3) The City shall set the operating hours for Bean Sprouts. i. The Maximum Operating hours shall be 9:00 a.m. to 11:00 p.m. ii. The City will approve weekly hours within the Maximum Operating hours.

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(4) Containers for alcoholic beverages shall be distinguished from containers for non-alcoholic beverages.
(5) Containers for alcoholic beverages must conform to eco-friendly guidelines (including but not limited to, biodegradable or compostable cups and straws, recyclable aluminum cans/cups/straws; no single-use plastic packaging). (6) Any identifiers for patrons 21+ years old must meet eco-friendly guidelines (i.e., compostable wristbands).
c. Transfer
(1) Liquor License shall be relinquished upon termination or expiration of Agreement.
(2) Bean Sprouts must with City and successor in good faith to transfer ownership of Liquor License at no additional cost beyond what Bean Sprouts paid for the initial Liquor License.
(3) Bean Sprouts will work in good faith with City to surrender the Liquor License in whole or in part for daily licenses for events that require an outside caterer, including the Zoofari fundraiser.

7. USE OF PREMISES AND RIGHTS OF BEAN SPROUTS
a. Use of Premises: Bean Sprouts shall use the “Premises,” which includes the concession building at the Zoo as well as the mobile cart (once acquired) as further detailed in Exhibit A, for the preparation and sale to the public of food and beverages, both at the Premises and for Zoo-based catering, and for preparation and sale of such other food and beverage items that shall be approved from time to time by the City and for storage, office, and administrative functions in connection with Bean Sprouts’ operations under this Agreement. Bean Sprouts shall additionally have the right to sell branded retail items, including but not limited to, games and books, but City shall have the right to approve retail items. Bean Sprouts shall not use the premises for any purpose other than set forth herein. b. Rights Not Exclusive: The City may grant rights to other vendors to sell beverage and snack items and also retains those rights for the City in the Zoo gift shop or any additional Zoo shops that may be opened during the Term of this Agreement; provided, however, that during the Term, the City will not grant rights to other vendors to, sell branded food products and beverages which compete with Bean Sprouts’ offerings (i.e., sandwiches, salads, pizzas, soups, coffee, bottled water, smoothies, ice cream, baked goods, healthy drinks and healthy snacks). This provision does not apply to promotions where food or beverages may be given away, private parties where food is catered or brought in from an outside vendor, City Council 38 – 7 2/20/2024

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or to food brought by guests for personal consumption.
c. Premises Taken “As Is”: Bean Sprouts takes the Premises without any improvement, repair or modification by the City; provided that City represents and warrants (1) that, to its knowledge, no Hazardous Substances (as defined below) have been used or stored in, on, or about the Premises and (ii) that the structural components and mechanical systems of the Premises are in good working order. “Hazardous Substances” shall mean petroleum products and those substances included within the definitions of “hazardous substances,” “hazardous materials,” “toxic materials,” “toxic substances,” “solid waste” or “infectious waste” under all present or future federal, state and municipal laws, ordinances, rules and regulations applicable to the environmental and ecological condition of the Premises, and the rules and regulations of the Federal Environmental Protection Agency and any other federal, state or municipal agency or governmental board or entity have jurisdiction over the Premises.
d. Ownership, Use of Furniture, Fixtures and Equipment: City is the owner of the furniture, fixtures and equipment located at the Premises which may be used by Bean Sprouts in whole or in part for the preparation and service of food and beverages at the Premises. At the commencement of this Agreement, City and Bean Sprouts will take an inventory of all Zoo furniture, fixtures and equipment.

Furniture, fixtures and equipment will be returned to City upon termination or expiration of this Agreement in the same condition as received, ordinary wear and tear expected. To the extent that Bean Sprouts acquires additional built in furniture, fixtures and equipment for use at the Premises, all such additional build in furniture, fixtures and equipment will become property of the City. e. Improvements and Refurbishments to be made by Bean Sprouts: Within ninety (90) days after the execution of this Agreement, Bean Sprouts shall submit to City its proposed modifications to the Premises, City will have the sole right to approve or deny said proposed modifications to the Premises in whole or in part and/or to require such changes, if any, in such plans and specifications, as City shall deem necessary or desirable in its reasonable judgment including, without limitation, changes to comply with applicable building codes, health and safety regulations or other legal requirements or to make Premises more suitable for the services Bean Sprouts is obligated to provide pursuant to this Agreement. City will notify Bean Sprouts within fifteen (15) days after receipt of the proposed modifications whether any changes to the proposed modifications will be required by the City and, if so, what changes will be requested. All proposed modifications to the Premises will be made at Bean Sprouts’ expense.
f. Completion of Improvements to Premises: Following City’s approval of Bean Sprouts’ proposed modifications to the Premises, Bean Sprouts shall take such action as is necessary to commence the construction and implementation of Bean Sprouts Improvements to the Premises no later than one hundred and twenty (120) days of City’s final approval of the proposed modification; provided, that Bean Sprouts shall not be required to expend in excess of $50,000 in the aggregate on the City Council 38 – 8 2/20/2024

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proposed modification and necessary expenses to comply with Alcohol Beverage Control (ABC) and SAMC requirements for serving alcohol at the Zoo. In the event the expenses necessary to comply with building codes, Alcohol Beverage Control (ABC) and SAMC requirements, the Santa Ana Municipal Code and Charter, and/or the Health Department exceed $50,000 in the aggregate, the parties agree to meet and confer on a mutually agreeable solution to pay for the additional expenses. All improvements to the Premises will comply with applicable building codes, the Santa Ana Municipal Code and Charter, and any other legal requirements. Bean Sprouts will obtain all necessary permits and licenses at its expense for all improvements to the Premises.
g. Title to Vest in the City: Title to all Bean Sprouts improvements constructed, installed or placed in the Premises by Bean Sprouts under this Agreement shall immediately vest in the City subject to Bean Sprouts’ right to use those improvements during the term of this Agreement.
h. Maintenance and Repairs of the Premises: Except for maintenance and repairs necessitated by the willful acts or negligence of Bean Sprouts, or its agents, employees, invitees, licensees or customers, City shall be responsible for the costs of maintaining the exterior of the Premises, roof, foundation and structural components of the Premises as well as the parking lot, exterior and landscaped areas. City shall also be responsible for the replacement of all mechanical systems (including without limitation, electric, HVAC and plumbing) when they reach the end of their useful life. City will have the sole discretion to determine whether the mechanical systems have reached the end of their useful life. The City will use reasonable standards in the industry to determine when mechanical systems have reached the end of their useful life. Bean Sprouts shall be responsible for maintaining the interior of the Premises throughout the term of this Agreement in good condition. City acknowledges that normal wear and tear will occur. Bean Sprouts will be responsible at its expense as follows:
(1) Repairs and maintenance for all equipment, furniture, and fixtures used within the Premises including but not limited to light fixtures, light bulbs, starters, equipment motors, and other similar items;
(2) Cleaning of the Premises;
(3) Equipment storage and maintenance;
(4) Storage and/or disposal of grease and flammable materials; (5) Storage and disposal of garbage. City shall designate location(s) of garbage bins;
(6) Repair and maintenance (but not replacement) of all water, sewer and electrical lines maintained inside the Premises;
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(7) Repair and maintenance of floor with the Premises.
i. Alterations not Allowed Unless Authorized by City: Alteration other than the proposed modifications and improvements discussed herein are not allowed to the Premises unless approved in writing by the City before the alterations are made; provided that Bean Sprouts may make non-structural changes, that do not require a building permit, to the interior of the Premises only, and which do not, individually require more than $3,000 in expenditures, by providing City at least thirty (30) days prior written notice thereof.
j. Satellite Carts: Bean Sprouts may have satellite carts at the Carrousel Plaza between the carrousel line and the train rides and/or at the Conservation Education Theater. When carts are not in use, they must be stored in the non-public area of the Zoo. Additional carts may be allowed with the Zoo Manager’s prior approval.

Sales from any satellite carts shall be included in Bean Sprouts’ Café Net Sales.

8. RIGHTS OF THE CITY
City has all rights and powers provided by law which have not been expressly granted to Bean Sprouts pursuant to this Agreement, including but not limited to:
a. Right of Entry and Right to Inspect Premises: City shall have the right to enter the Premises and inspect Premises. Except in the case of an emergency, City will provide reasonable notice of not less than twenty-four (24) hours to Bean Sprouts of any inspection.
b. Right to Restrict Access to Areas of the Zoo: The Premises is located at the Santa Ana Zoo. Bean Sprouts right of access does not include non-public areas of the Zoo. City reserves the right to restrict or deny access to areas of the Zoo which do not include the Premises including but not limited to non-public areas of the Zoo. c. Right to Suspend or Terminate the Agreement: City has the right to terminate the Agreement as specified in this Agreement. In addition, City has the right to suspend any and all aspects of this Agreement for good cause. Good cause includes but is not limited to failure to comply with the Orange County Health Care Agency requirements related to food service and safety, excessive pricing, failure to comply with any applicable laws including but not limited to discrimination laws, labor and employment laws, building codes, health and safety provisions, and any other applicable local, state, or federal laws or regulations. City will notify Bean Sprouts in writing of any intent to suspend services under this Agreement and Bean Sprouts will be afforded at least ten (10) days to cure any default which underlies such suspension except for any health or safety issue. City and Bean Sprouts will confer on any potential suspension pursuant to this section but City will be entitled to the final determination about whether to suspend any portion or all services pursuant to this Agreement and for how long, provided that Bean Sprouts has failed to cure City Council 38 – 10 2/20/2024

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the default underlying the suspension as set forth above. d. Declarations of War, Local, State or National Emergency: City is not responsible for any disruption of Bean Sprouts’ services under this Agreement when such disruption is due to a state of war, declaration of local, state or national emergency. e. Future Development: City reserves the right to make changes to the Zoo property in the future. To the extent possible, City will use due care to cause the least amount of disruption to Bean Sprouts’ services and to the Premises as possible.

9. OPERATIONAL STANDARDS
a. Bean Sprouts shall provide services pursuant to this Agreement in a first-class manner and shall maintain the Premises in a neat, clean, and orderly condition at all times.
b. Bean Sprouts shall keep facilities free of all rodents and insects. Animals shall only be allowed as required by law.
c. Bean Sprouts will provide marketing materials including graphics, menus and operational materials that are consistent with the overall Zoo aesthetic. d. Bean Sprouts will provide an array of kid-friendly and healthy food and drink options for Zoo patrons. Bean Sprouts and City will agree to meet and confer in the event that City determines additional food or beverage items should be added to the services provided by Bean Sprouts. Some food items may be restricted due to possible problems related to excessive litter or potential animal health issues. e. Bean Sprouts will endeavor to provide sustainable and environmentally conscious food options and serving-ware, consistent with the conservation-based mission of the Zoo.
f. Bean Sprouts will limit the use of single-use plastics (plastic water bottles, straws, lids, plastic disposable utensils, single-serving condiment packages and similar plastic items).
g. Bean Sprouts shall maintain the standard of quality and the quantity of similar food and beverage establishments offering a similar menu in Orange County, California.

City shall have the right to approve any and all food and beverage items offered to Zoo patrons pursuant to this Agreement.
h. Bean Sprouts shall maintain an “A” rating for sanitation pursuant to the regulations of the Orange County Health Care Agency and the State of California. i. Bean Sprouts shall provide prompt and efficient service. Bean Sprouts shall make certain that there are a sufficient amount of employees on staff at the Premises at City Council 38 – 11 2/20/2024

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all times to ensure prompt and efficient service to Zoo patrons. Bean Sprouts shall make sure that its employees do not use foul or profane language, that they dress appropriately, and do not act in a manner at the Premises or on Zoo property which is disruptive, sexually explicit, harmful to the animals, or overly loud or boisterous.

In particular, Bean Sprouts will impress upon their employees that service is provided in large part to minors and families.
j. Bean Sprouts will not allow their employees to smoke, vape, consume alcohol, or consume illegal drugs on the Premises or within the Zoo property at any time. k. Bean Sprouts will conduct background checks on all employees pursuant to the law and will comply with Penal Code section 290.95(c).
l. Bean Sprouts will appropriately train their employees on food safety, hand washing techniques, and any other matters relevant and necessary for individuals working in a business that prepares and serves food to the public. m. All food or beverage service employees shall be on the payroll of Bean Sprouts.

All persons employed by Bean Sprouts and working at the Premises shall be in uniform, acceptable to the City, at all times. Said Bean Sprout employees will adhere to all Zoo rules and regulations while on Zoo property or the Premises. n. Bean Sprouts will continually maintain the front of the concession stand in a clean condition. This includes cleaning the tables and chairs, picking up all trash and emptying trash cans in the outside eating area near the concessions stand. o. Trash from inside the Premises may be enclosed in proper containers behind the Premises in the service area but must be removed to the Zoo’s dumpster on a daily basis before closing. No plastic bags of trash or cardboard boxes are to be stacked in the service area. All trash cans in the Premises and adjacent outdoor eating areas must be emptied at the end of the day.
p. Bean Sprouts will comply with all applicable labor and employment laws and regulations. Bean Sprouts will be responsible for withholding of all payroll taxes and reporting of wages and all workers’ compensation injuries that may occur. q. Hours of Operation: Bean Sprouts shall keep facilities at the Premises open seven (7) days a week during hours approved by the City, except for New Year’s Day, Thanksgiving Day, Christmas Day, and any other day upon which the Zoo is closed. r. Pricing: The prices charged by Bean Sprouts shall be similar to those charged by family destinations in Southern California for similar foods and/or beverages. In the event that City determines that prices charged by Bean Sprouts pursuant to this Agreement are not consistent with restaurants located within family destinations in Southern California, the City will meet and confer to make such adjustments that are necessary to keep prices competitive as compared to restaurants located within City Council 38 – 12 2/20/2024

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family destinations in Southern California selling similar foods and beverages.

Pricing shall be obvious and easy to read and determine by Zoo patrons. s. Cooperation with any Successor: Bean Sprouts agrees to cooperate with any successor to Bean Sprouts in the event of termination or expiration of this Agreement and to do so with the least amount of disruption as possible for the Zoo patrons and the City
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t. Avoidance of Liens: In the performance of work done pursuant to any proposed modifications or improvements to the Premises, Bean Sprouts shall keep the Premises free and clear of any mechanics or materials liens. Bean Sprouts shall indemnify and hold harmless City against any such liens or claims of lien’s filed by Bean Sprouts’ contractors or material suppliers.
u. On-Site Manager: Bean Sprouts will hire a qualified food service manager for its operations at the Premises. Such person will have the experience necessary to manage operations and employees and will have full power and authority to accept service of all notices provided for herein and to oversee operation of the concession business herein authorized. Said manager will be on site during regular business hours and if unavailable, a responsible subordinate will be in charge and available.

10. ANNUAL AUDIT
a. Within ninety (90) days of the end of the Fiscal Year, Bean Sprouts will provide to the City a statement of its total gross revenues of the past Fiscal Year or portion thereof as applicable. The financial report shall be prepared by an accounting firm approved by the City’s Executive Director of the Finance and Management Agency. Said report will comply with Government Accountability Standards. b. If such audit reveals that there was an underpayment of monthly gross receipts due to City pursuant to this Agreement, Bean Sprouts will pay to the City the amount of the underpayment within sixty (60) days of the date of the final accounting report. If such audit reveals overpayment of monthly gross receipts paid to the City pursuant to this Agreement, Bean Sprouts will notify City in writing within sixty (60) days of the date of the final accounting report and any overpayment will be credited to Bean Sprouts for any obligation under this Agreement which is due or coming due. If the Agreement has expired or is terminated, then City will pay the amount of overpayment to Bean Sprouts within sixty (60) days of the date City is notified of the overpayment in writing.
c. Bean Sprouts acknowledges that all financial reports prepared pursuant to this Agreement and submitted to the City will become a public record pursuant to California Government Code section 6250 et seq.

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11. UTILITIES
The City will pay utilities, which includes water, gas and electricity.

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

13. 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 Bean Sprouts under this Agreement (“Documents & Data”). Bean Sprouts 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.

Bean Sprouts represents and warrants that Bean Sprouts has the legal right to license any and all Documents & Data. Bean Sprouts makes no such representation and warranty in regard to Documents & Data which were provided to Bean Sprouts 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.

14. INSURANCE
Prior to undertaking performance of work under this Agreement, Bean Sprouts shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below for the duration of this Agreement:
a. Minimum Scope and Limit of Insurance
(1) Commercial General Liability (CGL). Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregatelimit shall apply City Council 38 – 14 2/20/2024

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separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. i. Liquor Liability: If Bean Sprouts will be supplying alcoholic beverages, the general liability insurance shall include host liquor liability coverage. If Bean Sprouts is using a caterer or other vendor to supply alcohol that vendor must have liquor liability coverage. If Bean Sprouts intends to sell alcohol either Bean Sprouts or vendor providing the alcohol for sale must have a valid liquor sales license and liquor liability insurance covering the sale of alcohol. A minimum of $1,000,000 in liquor liability insurance is required.
(2) Automobile Liability. ISO Form Number CA 00 01 covering any auto (Code 1), or if Bean Sprouts has no owned 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.
(3) 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.
(4) Broader Coverage. If Bean Sprouts 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 Bean Sprouts.

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
(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 Bean Sprouts 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 Bean Sprouts’ insurance (at least as broad as ISO Form CG 20 10 11 85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used).
(2) Primary Coverage. For any claims related to this contract, Bean Sprouts’ 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 Bean Sprouts’ insurance and shall not contribute with it.

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(3) Notice of Cancellation. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. (4) Waiver of Subrogation. Bean Sprouts hereby grants to City a waiver of any right to subrogation that any insurer of Bean Sprouts may acquire against the City by virtue of the payment of any loss under such insurance. Bean Sprouts agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (5) Self-Insured Retentions. Self-insured retentions must be declared to and approved by the City. The Citymay require Bean Sprouts 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 selfinsured retention may be satisfied by either the named insured or City. (6) 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.
(7) Verification of Coverage. Bean Sprouts shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the 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 Bean Sprouts’ 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.
(8) Subcontractors. Bean Sprouts shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Bean Sprouts shall ensure that City is an additional insured on insurance required from subcontractors.
(9) 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.

15. INDEMNIFICATION
Bean Sprouts agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for City Council 38 – 16 2/20/2024

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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 Bean Sprouts, 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. Bean Sprouts 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 Bean Sprouts’ 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 Bean Sprouts.

16. INTELLECTUAL PROPERTY INDEMNIFICATION
Bean Sprouts 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 Bean Sprouts to the City pursuant to this Agreement.

17. RECORDS
a. Bean Sprouts shall keep records and invoices in connection with the work to be performed under this Agreement. Bean Sprouts 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 Bean Sprouts under this Agreement. All such records and invoices shall be clearly identifiable. Bean Sprouts 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. Bean Sprouts 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 Bean Sprouts under this Agreement.
b. Bean Sprouts shall install and record all sales and charges by means of cash registers or other comparable devices that display to the customer the amount of the transaction and automatically issue a receipt. The cash registers shall be equipped with devices that lock in sales totals and other transaction records, or with counters which are not re-settable and which record transaction numbers and sales details.

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Totals registered shall be read and recorded by Bean Sprouts at the beginning and end of each business day. All voided transactions shall be supported by the original cash register tape with supervisory approval documented.

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

19. CONFLICT OF INTEREST CLAUSE
Bean Sprouts 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.

20. NON-DISCRIMINATION
Bean Sprouts 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. Bean Sprouts affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.

21. INTELLECTUAL PROPERTY
a. Bean Sprouts’ Intellectual Property. Bean Sprouts is the owner of the rights to certain trademarks, service marks and logotypes, including the registered service marks, “Bean Sprouts” and “Imaginibbles,” used in the operation of its restaurant businesses (which, together with any future marks developed by or for the use of Bean Sprouts based upon any variation of the names “Bean Sprouts” or “Imaginibbles,” are collectively referred to herein as the “Bean Sprouts Marks”).

City hereby acknowledges and agrees that Bean Sprouts is the sole and exclusive City Council 38 – 18 2/20/2024

#19793v7
owner of Bean Sprouts Marks and that City shall obtain no right, title or interest in or to any of Bean Sprouts Marks through this Agreement or through Bean Sprouts’ use of Bean Sprouts Marks in carrying out its obligations hereunder. City further acknowledges and agrees that Bean Sprouts will conduct its operations hereunder using Bean Sprouts Marks in its sole discretion.
b. City’s Intellectual Property. City is the owner of the rights to certain trademarks, service marks and logotypes, used in the operation of its businesses (which, together with any future marks developed by or for the use of City are collectively referred to herein as the “City Marks”). Bean Sprouts hereby acknowledges and agrees that City is the sole and exclusive owner of the City Marks and that Bean Sprouts shall obtain no right, title or interest in or to any of the City Marks through this Agreement or through City’s use of the City Marks in carrying out its obligations hereunder.

22. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Bean Sprouts, 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 Bean Sprouts. 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 Bean Sprouts 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.

23. ASSIGNMENT AND SUBLETTING
a. Inasmuch as this Agreement is intended to secure the specialized services of Bean Sprouts, Bean Sprouts 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. b. Bean Sprouts has no right to sublet the Premises.

24. TERMINATION
a. By City: If Bean Sprouts breaches any of the provisions of this Agreement, City shall provide written notice thereof to Bean Sprouts, and shall thereafter afford Bean Sprouts thirty (30) days in which to cure any such breach. If Bean Sprouts fails to cure such breach during such cure period, this Agreement will terminate City Council 38 – 19 2/20/2024

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upon expiration of the cure period. These termination rights are in addition to the termination right set forth in Section 5 hereof.
b. By Bean Sprouts: If City breaches any of the provisions of this Agreement, Bean Sprouts shall provide written notice thereof to City, and shall there after afford City thirty (30) days in which to cure any such breach. If City fails to cure such breach during such cure period, this Agreement will terminate upon the expiration of the cure period.

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

26. 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.

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

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

To City:

Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
City Council 38 – 20 2/20/2024

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Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:

Executive Director, Parks, Recreation and
Community Services Agency
City of Santa Ana
20 Civic Center Plaza (M-23)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714-647-4211
To Bean Sprouts:

Bean Sprouts, LLC dba Bean Sprouts
Attn: Kelly Parthen, Co-CEO
8 Bayside Drive
Madison, WI 53704
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.

29. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
c. Notwithstanding anything to the contrary: (1) nothing in this Agreement shall be deemed or construed to constitute confidential information; and (2) this Agreement is a public record which the City may disclose in accordance with California law or otherwise.

City Council 38 – 21 2/20/2024

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SIGNATURE PAGE FOR FOOD SERVICE CONCESSION AGREEEMENT BETWEEN

CITY OF SANTA ANA AND BEAN SPROUTS LLC DBA BEAN SPROUTS FOR

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

ATTEST: CITY OF SANTA ANA
Jennifer L. Hall Thomas R. Hatch
City Clerk Interim City Manager
APPROVED AS TO FORM:

SONIA R. CARVALHO BEAN SPROUTS:

City Attorney
By:

Brandon Salvatierra Kelly Parthen
Deputy City Attorney Co-CEO
RECOMMENDED FOR APPROVAL:

Hawk Scott
Executive Director
Parks, Services, and Community Services Agency
City Council 38 – 22 2/20/2024

EXHIBIT A

SCOPE OF SERVICES
City Council 38 – 23 2/20/2024

CITY OF SANTA ANA
A. CITYWIDE CONCESSIONARE’S OBLIGATIONS:

1. Contractor shall provide outstanding food and beverage service at multiple facilities operated by the City as set forth bleow:

1.1. All concession services shall be performed in the highest professional manner, and in accordance with current industry standards. Unless the means or methods of performing a task are specified elsewhere by the City, Contractor shall employ methods that are generally accepted and used by the industry, and in compliance with all applicable job bulletins, local, state, and federal laws and regulations.

1.1. Provide on-site manager who has and must maintain current food service handler’s certification from the Orange County Health Department.

Meet sanitation and food preparation standards as established by the Orange County Health Department.

1.2. Secure and maintain an Alcohol Beverage Control (ABC) License for the sale of beer, wine, and spirits, and maintain requirements for same (if the specific City concessions location requires it).

1.3. Concessionaire is solely responsible for hiring and compensating employees, including all benefits, applicable payroll taxes and deductions. No Contractor employee shall be considered City employees.

1.4. Provide appropriate levels of staffing and supervision to meet visitor demands, which vary per event, season, and day.

1.5. Maintain a regular schedule of cleaning and sanitation of interior of food service facility and equipment, and proper recycling of deep fat fryer cooking oil at Contractor’s cost.

1.6. Tenant improvements and move-in to be done at sole cost of the concessionaire, in conjunction with Orange County Health Department approval.

1.7. Provide all equipment as necessary for food service operation that are not already included as permanent fixtures of the facility.

1.8. Provide all supplies for food preparation, cleaning and sanitation, and trash containment to be utilized by the Concessionaire and their employees.

1.9. Provide marketing materials such as graphics, menus, and operational materials consistent with the overall aesthetic of the specific facility. All marketing materials must be reviewed and approved by City prior to usage and/or distribution.

2. FOOD AND BEVERAGE STANDARDS

EXHIBIT I

SCOPE OF SERVICES
City of Santa Ana RFP No. 23-040 Page 19 of 49 City Council 38 – 24 2/20/2024

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Proposer shall effect beverage preparation and service standards that meet or exceed the following minimum standards:

2.1. Food and beverage preparation and serving safety shall use industry’s best practices and follow all federal, state and county regulatory guidelines for food preparation and serving at all times.

2.2. Food and beverage presentation and appearance shall be appealing to customers.

2.3. Food and beverage servers shall always maintain a clean and professional appearance.

Proposer must provide uniforms and visible identification for its employees while working at City facilities.

2.4. All concession serving stands must always be kept immaculate. This includes the hours before, during, and after events and daily use.

2.5. Proposer must provide ongoing training in food service and safe food-handling to its employees on a regular basis and shall provide the City documentation immediately upon request.

3. MAINTENANCE AND FACILITIES

3.1. Maintenance on major equipment that is owned by the City will be maintained by the City.

Any equipment brought onsite by the Contractor must have prior written approval from the City. Contractor shall, at its own expense, keep in good condition all equipment and small wares used in performance of its duties, including: maintenance and repair necessitated by ordinary wear and tear, and repairs to any damage sustained to Contractor’s use areas of the facilities and its structures. Contractor shall replace equipment necessary to the proper function of the operation that cannot be repaired. The replacement or addition of equipment will first be discussed with the City to determine the responsibility of cost and feasibility of location.

3.2. Concessionaire shall repair and maintain light fixtures, equipment installed by concessionaire, and interior fixtures. Concessionaire is responsible for repairs due to concessionaire negligence. City shall repair and maintain the structural and exterior portions and building, including roofing and covering materials; foundations; exterior walls; plumbing; fire sprinkler systems; heating, ventilating, air conditioning systems; and electrical systems installed or furnished by City.

3.3. Contractor must agree to maintain designated concession areas. The cleaning of bar and storage areas and any other equipment is the sole responsibility of the Contractor. If City staff must clean the bar areas after the Contractor has been the sole user of concessiondesignated areas, Contractor shall be charged and pay to City cleaning fees at rate of $50 per labor hour.

3.4. Proposer shall be solely responsible for the proper recycling of any recyclable materials utilized throughout the day.

3.5. The City will maintain water, natural gas, electrical and sewer lines except in cases where the Contractor’s direct negligence causes major maintenance repair expense. Should the Contractor require additional utility capacity and/or outlets beyond those provided, the cost City of Santa Ana RFP No. 23-040 Page 20 of 49 City Council 38 – 25 2/20/2024

CITY OF SANTA ANA
of such installation and hookups will be at the Contractor’s expense after required City approval.

3.6. Contractor shall take all reasonable precautions, as directed by the City, or in the absence of such direction, in accordance with sound industrial practices, to safeguard and protect City property and adjacent property. Damages to properties caused by Contractor’s negligence shall be repaired at no cost (both labor and material) to the City.

Contractor is responsible for advising and ensuring compliance by Contractor’s employees with all applicable environmental and hazardous materials handling laws and regulations.

Contractor shall provide City a full report of damage to City property and/or equipment by Contractor’s employees. All damage reports shall be submitted to the City within twentyfour (24) hours of occurrence.

Contractor shall provide, erect, and maintain all warning devices (i.e., barricades, cones, etc.) as required or necessary to ensure the safety of the public, City, and Contractor’s employees.

3.7. The City does not assume liability for spills or other releases of hazardous wastes which are caused by the negligence of the contractor once hazardous waste materials are in the possession of the contractor or transported off site.

3.8. Contractor shall keep work areas clean and free from any debris, rubbish, hazardous waste and non-usable material resulting from the work under this Contract and shall be disposed of at the completion of each work day by the Contractor. Hazardous waste must be disposed of in accordance with the Resource Conservation and Recovery Act and all other applicable federal, state, and local laws and regulations.

3.9. Contractor must ensure all trash receptacles are emptied regularly during events and that rubbish does not pile up above or overflow outside of receptacle.

4. TRAINING AND STAFF

4.1. Proposer must have defined operational and safety procedures and provide ongoing training to staff in efficient and effective service to customers. Training must include at minimum: food and beverage service, and safe food and beverage handling.

Proposer shall maintain a current employee manual that addresses all customer service and food/beverage-handling training programs. Copies shall be readily available for review by City staff.

4.2. The City shall have the right to recommend the discharge or immediate removal and replacement of any Concession employee for any reason. The following actions are strictly prohibited for any Contractor employee assigned to this contract:

4.2.1. Theft and/or vandalism.

4.2.2. Sexual harassment.

City of Santa Ana RFP No. 23-040 Page 21 of 49 City Council 38 – 26 2/20/2024

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4.2.3. Use of abusive or profane language.

4.2.4. Substance and/or alcohol abuse.

4.2.5. Any other conduct deemed by the City to be contrary to the best interests of the City.

5. VISITOR SERVICES
Customer satisfaction and visitor service is of utmost importance. It is mandatory that our food and beverage concessions be performed in an efficient, courteous manner by staff members that have a clean appearance and are neatly dressed, presenting a positive image for the City.

6. CITY RESPONSIBILITIES

6.1 City will maintain the exterior of the structure and surrounding landscaping; except for any trash and debris around eating area tables and chairs.

6.2 City shall provide paid utilities including: water, trash, electricity, and gas.

6.3 City will communicate with the concessionaire regarding events organized by the City or Friends of Santa Ana Zoo.

6.4 City shall provide City Employee Contacts as liaison for communication and problem resolution.

6.5 City will aim to provide a minimum 90-day notice for any changes to food service operations based on potential changes made due to the implementation of the Zoo or Parks Master Plans.

7. CITY’S INTERNAL AUDITOR

7.1. The City’s Internal Auditor may review the Proposer’s operation periodically to assure compliance with the Agreement between Proposer and City.

B. SANTA ANA ZOO AT PRENTICE PARK
In addition to citywide concession services, Contractor shall operate the food concession facility at the Santa Ana Zoo and provide alcohol beverage pouring services. The concession building totals 2,488 sq. ft. of which 704 sq. Ft. (floor plan attached) is provided for food preparation and sales. Friends of Santa Ana Zoo (FOSAZ) operates the gift shop and has exclusive rights for the gift shop and souvenir items; however, the food service concessionaire may sell souvenir drink cups. The Zoo concession facility is a full service food operation that is capable of providing a variety of hot and cold meals, beverages, and snack food items. Contractor shall be responsible for providing the equipment necessary for their food service and vending operations.

The Zoo has a large private picnic area and 150-seat amphitheater that is suitable for private parties up to 500 people, which can be used for catering private and company picnics as well as after-hours events sponsored by the City or FOSAZ. Private parties, however, are under no obligation to use the Zoo’s concessionaire. The City and/or FOSAZ reserve the right to hire another caterer for special events of City of Santa Ana RFP No. 23-040 Page 22 of 49 City Council 38 – 27 2/20/2024

CITY OF SANTA ANA
after-hours activities at the Zoo. Concessionaire may be given the opportunity to bid on food service for those events and will be given a 10-day notice of such events.

Pursuant to California Department of Alcohol Beverage Control (ABC) and Santa Ana Municipal Code (SAMC) regulations, alcohol sales require that food also be offered for sale.

1. CONTRACTOR REQUIREMENTS FOR OPERATIONS AT THE SANTA ANA ZOO:

1.1. Contractor shall be granted the non-exclusive right to provide food and alcohol-pouring services during typical, published zoo operating hours. Contractor shall also be granted the right to provide alcohol beverage services during special events with approval of the Executive Director of Parks, Recreation, and Community Services Agency or their designee. Contractor has the exclusive right to provide alcohol to private rentals of the Zoo except for fundraising events managed by FOSAZ, which shall retain the right to provide alcohol beverage services to fundraising events through other providers. Because the Contractor is being given an exclusive right to alcohol sales, the City does expect Contractor to provide alcohol pouring services to approved rentals that make such a request.

1.2. Provide food service to Zoo visitors that meet the standards of quality and service as mutually agreed by Concessionaire and Zoo Manager. The menu should include food options for a wide variety of zoo guests. The Zoo Manager must approve all menu items.

Some food items may be restricted due to concerns related to excessive litter or potential animal health issues.

1.3. Contractor must, at its sole expense, secure and comply with all requirements for licensure by the California Department of Alcohol and Beverage Control (ABC), and exercise prudent, reasonable and experienced judgment in the serving of alcoholic beverages. The ultimate responsibility for serving alcoholic beverages rests with the Contractor. Contractor must secure the onsite/facility liquor license no later than January 1, 2024 in order to begin business no later than January 1, 2024. Contractor must, at its sole expense, secure $1M in liquor liability insurance. Failure to secure an ABC license is potential grounds for termination of the agreement.

1.4. The City of Santa Ana shall not require a Conditional Use Permit for alcohol sales at the Santa Ana Zoo, 1801 E. Chestnut Ave. Santa Ana, CA 92701.

1.5. Contractor must provide on-site manager who has and shall maintain current food service handler’s certification from the Orange County Health Department.

1.6. Provide marketing tools such as graphics, menus, and operational materials consistent with the overall zoo aesthetic.

1.7. City will provide a minimum 90-day notice for any changes to food service operations at the Zoo provided through other agreements.

2. OPERATION OF CONCESSIONS

2.1. Contractor shall provide all small ware replacements, portable bars, and mobile concession carts. All equipment purchased by the Contractor must of modern design and in good condition, to accommodate excellent service for at least 400 people.

City of Santa Ana RFP No. 23-040 Page 23 of 49 City Council 38 – 28 2/20/2024

CITY OF SANTA ANA

2.2. Contractor must be capable of providing alcoholic beverage service in or near the zoo café where permanent food service is offered. Temporary stands may be operated for other areas with the Zoo Manager’s approval. Contractor shall be responsible for providing set up, moving and dismantling of temporary stands.

2.3. Fees for Sale of Alcoholic Beverages:

Operator shall be allowed to establish fees for sale of alcoholic beverages. These fees shall be subject to the approval of the Zoo Manager.

2.4. Contractor must accept both cash and credit cards as payment options for point of sale transactions.

2.5. All portable displays required for outdoor events including signboards and signage are the responsibility of the Contractor. Contractor shall provide the labor for moving, set-up, and breakdown of temporary refreshment stands. Placement and appropriateness of displays and signage will be determined by the Zoo Manager. The Zoo Manager will approve staffing levels and hours of operation.

2.6. Contractor shall post a complete pricing list of all items offerend for sale in a conspicuous place at each bar and/or concessions stand.The style and size of these signs shall be subject to the prior approval of the Zoo Manager.

2.7. All decorations and props must be flame retardant. Items cannot be attached to buildings (inside or outside) without prior approval by the Zoo Manager.

2.8. The Zoo Manager has final approval of logos printed on containers utilized by the Proposer.

2.9. Contractor must provide vehicle(s) for the transportation of beverages and equipment.

The City shall approve vehicle and it must meet all requirements of the State of California, Department of Motor Vehicles and maintain adequate insurance.

2.10. Continually maintain front of concession stand clean which includes cleaning tables and chairs, picking up all trash and empting trash cans. In addition, all trash cans must be emptied at the end of each business day. Trash from inside the facility may be enclosed in proper containers behind the facility in the service area but must be removed to the Zoo’s dumpsters on a daily basis before closing. No plastic bags of trash or cardboard boxes are to be stacked in the service area. This is necessary for vermin control.

2.11. Contractor is responsible for pest control within the café building.

3. FOOD AND BEVERAGE STANDARDS

3.1. In the interest of furthering the zoo’s mission as a force for conservastion, Contractor must exercise great consideration in food and beverage containers and utensils. Any and all single-use products used in the operation of the concessions must be made of compostable or biodegradable plant-based materials. This includes but is not limited to:
plates, bowls, food packaging, beverage containers, sauce containers, lids, straws, cutlery, and bags. Contractor must not use or supply single-use plastic items. This includes straws attached to single-serve beverages like milk or juice boxes. Additionally, City of Santa Ana RFP No. 23-040 Page 24 of 49 City Council 38 – 29 2/20/2024

CITY OF SANTA ANA
if coffee is served, it is desired to serve shade-grown “bird safe” coffee.

3.2. Contractor is prohibited from selling water in single-use plastic bottles.

3.3. Contractor may serve product from glass bottles but may not provide glass bottles to the public due to safety concerns/standing prohibition of glass use at the Zoo.

3.4. Contractor must maintain all alcoholic products in a locked and secured area when not immediately attended by staff.

4. SPECIAL CONSIDERATIONS AT A ZOO FACILITY

4.1. Due to special requirements and considerations for Zoo animal safety, special restrictions may be necessary as far as items sold, food packaging, and location(s) of service.

City of Santa Ana RFP No. 23-040 Page 25 of 49 City Council 38 – 30 2/20/2024

CITY OF SANTA ANA
Zoo concession building plans are available here:
https://www.dropbox.com/s/nizh2rsbb9wah5h/Concession%20Plans.pdf?dl=0 Zoo attendance figures are available here:
https://www.dropbox.com/scl/fi/a0ps95f2plgmgx5stlmv7/Zoo-Attendance-3-2022-toCurrent.xlsx?dl=0&rlkey=xmw7s18amxyc8j91hmsms6tm5 https://www.dropbox.com/scl/fi/ty9tnu20k0xp7jrs3ivdv/Zoo-Attendance-3-2021-to-3- 2022.xlsx?dl=0&rlkey=mlr45lup0ww8orutq9h37zy25

EXHIBIT III

ZOO CONCESSION PLANS & ATTENDANCE FIGURES
City of Santa Ana RFP No. 23-040 39 of 51 City Council 38 – 31 2/20/2024

CITY OF SANTA ANA

EXHIBIT IV
MAP OF SANTA ANA ZOO INCLUDING CAFÉ AREA
& POSSIBLE POURING LOCATIONS
City of Santa Ana RFP No. 23-040 40 of 51 City Council 38 – 32 2/20/2024

CITY OF SANTA ANA

EXHIBIT V

EXAMPLES OF MOBILE VENDING UNITS
City of Santa Ana RFP No. 23-040 41 of 51 City Council 38 – 33 2/20/2024

CITY OF SANTA ANA

EXHIBIT V

EXAMPLES OF MOBILE VENDING UNITS
City of Santa Ana RFP No. 23-040 42 of 51 City Council 38 – 34 2/20/2024

EXHIBIT B

PROPOSAL
City Council 38 – 35 2/20/2024
Mr. Frank Arroyo
City of Santa Ana
Parks, Recreation and Community Services Agency
20 Civic Center Plaza, 2nd Floor, Room 273
Santa Ana, CA 92701
Re: Cover Letter of Interest — Food and Beverage Concessions No.: 23-040 Greetings Mr. Arroyo,
We are excited to submit our proposal to continue as your food service partner at Santa Ana Zoo. We believe that with your emphasis on conservation and wellness, our offerings align with the Zoo’s mission, values, and future With five years of working side-by-side with Santa Ana Zoo, Bean Sprouts truly understands your seasonality, your business model, the multiple audiences you serve, and the importance of your visitor experience. With a menu that includes sandwiches, salads, pizzas, and an organic espresso bar alongside our Imaginibbles kids’ menu (which won Best Kids’ Meal in the U.S), we will continue to provide a top-notch dining experience for the Santa Ana Zoo guests. As requested, Bean Sprouts is willing to expand our offerings to include (preferably locally-sourced) alcoholic beverages.

Even though COVID greatly affected both of our organizations and zoo visitorship has been under the projected 340,000 the past years, we’ve remained a solid and positive partner. Not only did we initially invest more than $200,000 and brought the space up to code/ADA compliance, we’ve maintained an amazing relationship with the team, engaging in nearly every opportunity to collaborate.

Your visitors have been delighted with Bean Sprouts’ offerings. Our consistent capture rate is significantly higher than the past concession vendor and 75% higher than the industry standard for zoo concessions. Our recently refreshed menu offers more diverse cultural options, even lower price points with our new “make it a meal” program, and items your visitors asked for, like soft serve and plant-based protein.

Part of Bean Sprouts’ success at Santa Ana Zoo is due to our exceptional Bean Sprouts team, with our current manager at Santa Ana Zoo since our 2018 opening (and with our company for more than 8 years). In addition, our training headquarters and many of our key executives are located within a short driving distance of Santa Ana Zoo.

City Council 38 – 36 2/20/2024
As you’ll see, we are submitting a proposal for the Santa Ana Zoo. We’ve spoken with some vendors who are only submitting for the stadium. We are more than willing to partner with additional vendors to fill the outlets. We welcome the opportunity to present to your selection committee and have them taste-test our offerings. Should you have any questions in the bean-time, please do not hesitate to reach out! Peas out,
Kelly “Pea Brain” Parthen
Co-founder & Co-CEO
[email protected]
714.883.2697
City Council 38 – 37 2/20/2024

TABLE OF CONTENTS
OVERVIEW ……………………………………………………………………. 1
AGREEMENT STATEMENT ……………………………………………………. 1
FIRM AND TEAM EXPERIENCE ……………………………………………… 1

PROPOSED WORK PLAN AND SCOPE OF SERVICES
Bean Sprouts’ Approach …………………………………………………… 2
Special Concerns to Consider ……………………………………………. 2
Deliverable and Implementation Plan ………………………………….. 3
Menu Offerings …………………………………………………….………… 3
Installation and Commissioning ……………………………..…………… 3
Operational Plans ……………………………………………..…………….. 3
Site Improvements ……………………….……………………………….…. 4
Green Practices …………………………………….……………..………… 4
Marketing ……………………………………………………………………… 5
CONCESSION FEE PROPOSAL ………………………………………………. 6
APPENDIX A: Current Menu and Ingredient Guidelines
APPENDIX B: Mystery Shopper Example
City Council 38 – 38 2/20/2024
1 Overview
Bean Sprouts is an award-winning healthy café that exclusively serves family destinations. Named as one of the “Top 100 Movers & Shakers” in the restaurant industry, Bean Sprouts focuses on locations like science centers, zoos, children’s museums, etc. where our missions are aligned and there is high demand for good-for-you food!
Unlike catering companies and local restaurants that try to branch out to food service, Bean Sprouts’ sole focus is serving family destinations. With five years of working side by side with Santa Ana Zoo, we truly understand your seasonality, your business model, the multiple audiences you serve, and the importance of your visitor experience. With a menu that includes sandwiches, salads, pizzas, and an organic espresso bar alongside our Imaginibbles kids’ menu (which won Best Kids’ Meal in the U.S), we will continue to provide a top-notch dining experience for the Santa Ana Zoo guests. As requested, Bean Sprouts is willing to expand our offerings to include (preferably locally-sourced) alcoholic beverages.

Additionally, Bean Sprouts offers comprehensive birthday party catering, camp, and field trip lunch programs. as well as small and large group catering. With the many offerings, we provide an excellent income stream for you.

Bean Sprouts sees ourselves as your partner—one who is dedicated to enriching your visitors’ experience and one who truly understands the food service business in family destinations.

Agreement Statement
Bean Sprouts concurs with the Sample Agreement (Exhibit II) in the RFP.

Firm and Team Experience
i. Bean Sprouts has 150+ team members nationwide with approximately 6 employees on our Santa Ana Zoo team (3-5 working per day) in the busy season and 4 employees (2-3 working per day) in the slow season. Our Santa Ana Zoo manager has been with us for more than 8 years. Our training headquarters are located in Orange County just a few miles away from Santa Ana Zoo. Due to the proximity and partnership with the Discovery Cube Orange County location, we have the flexibility of being able to share employees as needed in the case of call-offs, reduced hours, etc.

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2 ii. Bean Sprouts’ nearest address to Santa Ana Zoo is inside Santa Ana Zoo ! .

Our training headquarters are located at Discovery Cube Orange County, 2500 North Main Street, Santa Ana, CA 92705.
iii. Project Manager: Kelly “Pea Brain” Parthen, co-founder and co-CEO iv. Key Bean Team members and job roles can be found HERE. v. Bean Sprouts was founded in 2007. With 18 locations in eight states across the U.S. (most of them in Southern California), Bean Sprouts is in front of nearly 15 million visitors each year.

Proposed Work Plan and Scope of Services
i. Bean Sprouts’ approach
Bean Sprouts offers yummy, good-for-you food with a variety of price points. Our service format is fast casual —visitors order and pay at the counter. We offer pagers, so visitors have more flexibility while waiting to pick up their freshly-made food. We will also provide a satellite cart as necessary to serve your visitors and capture a greater audience.

Bean Sprouts appreciates that you are mindful of the environmental impact food service can have on our world. In addition to our eco-friendly packaging, which we will cover later, our ingredients are high-quality. We strive to make sure there is a variety of price points to make our wholesome offerings as accessible as possible to all audiences.

Bean Sprouts works hard to accommodate most allergies and dietary needs andis a recipient of the industry’s top allergy innovation award. This is a big boon for Santa Ana Zoo as statistics show that 1 in 10 adults and 1 in 13 children have a food allergy (source FARE).
ii: Special concerns to consider
Bean Sprouts is one of the only restaurant chains in the United States exclusively founded by women. Co-founders Shannon “Peacasso” Seip and Kelly “Pea Brain” Parthen are proud to have built a Bean Team that’s nearly double the national average for women and minorities in leadership positions. That includes our management at Santa Ana Zoo.

Bean Sprouts’ expertise in “making healthy food fun” has led to industry-leading food service organizations asking to partner and implement the Bean Sprouts and Imaginibbles brand into children’s hospitals and pediatric centers (both as a stand-alone concept and as an offering for patient meals).

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3 Read more: Aramark Announces National Brand Agreement with Bean Sprouts to Offer More Healthy Food Options for Kids and Families iii: Deliverable and implementation plan
As Bean Sprouts already has operations at Santa Ana Zoo, there will be no downtime or closure for implementation. The proposed financial structure will begin January 2023.
iv. Menu Offerings
With a menu that includes sandwiches, salads, pizzas, and organic espresso bar alongside our Imaginibbles kids’ menu (which won Best Kids’ Meal in the U.S), Bean Sprouts creates a top-notch dining experience for the Santa Ana Zoo guests. The café menu offers a variety of choices for families with picky eaters, allergies and other dietary challenges. We recently rolled out a new menu in 2023 which includes plant-based proteins and more diverse cultural options. See Appendix A for our current menu offerings and ingredient guidleines.

Bean Sprouts will expand our offerings to include (preferably locally-sourced) alcoholic beverages.
v. Installation & Commisioning
As Bean Sprouts already has operations at Santa Ana Zoo, there will be no downtime or closure for installation. The proposed financial structure will begin January 2023.
vi. Operational Plans
Day-to-Day Management and Supervision
Bean Sprouts at the Santa Ana Zoo will be staffed by a full time café manager and other designated assistant managers. During operating hours, the café will have continuous oversight by a designated manageron-duty that will ensure smooth operations. That team is already in place and knows the operations and the Santa Ana Zoo visitorship inside and out.

Our leadership will ensure that we have well-trained and adequate staffing levels at all times including additional training needed to comply with Our multi-location regional manager, who resides in Orange County, will regularly visit the café and conduct service, product quality, and food safety reviews to ensure that we always meet our high operating standards.

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4 Mystery shoppers are conducted by a third-party to aid our Bean Teams to continuously elevate our operating performance. See Appendix B for our mystery shopper template. Bean Sprouts also uses Steritech to conduct food and workplace safety audits regularly.

Approach to Customer Service
Bean Sprouts underscores everything with our HIPP core values (Health, Innovation, Positivity, and Playfulness), including customer service! Our Bean Leaders (managers) go through an intensive three-week training course, which emphasizes customer service by our top trainers. We also request that we go through any guest service training you provide to your management team, so that we can better understand your unique messaging and mission.

Your visitors will see Bean Sprouts as part of your staff. We like to be in the know so we can best assist visitors with any questions and needs, not just food service.

Most importantly, we request regular communication with your team, to make sure that if there are any bumps in the road, we are able to correct them immediately. And at least once a year, we like to meet with your executive team to talk through what’s working well, and what we can improve upon. vii. Site Improvements
In addition to the more than $200,000 investment made in 2018, Bean Sprouts will invest up to $50,000 to include:

New windows/screens to be more guest-friendly (current ones are dark and hard to hear through)
Mobile cart to be utilized during high traffic times and special events All expenses necessary to comply with security and safety measures in SAMC section 41-196(g) such as security cameras, signage, stanchions, etc. viii: Green Practices
Bean Sprouts prides ourselves on being “Green Beans” and appreciate our mutual commitment to environmentally responsible and sustainable business practices.

Some highlights:

Compostable/biodegradable packaging
Compostable/biodegradable utensils
Eco-friendly straws
100% recycled plastic water bottles

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5 Bean Sprouts recycles and composts where host partners are set up to do so Bean Sprouts does not use Food Packaging Chemicals (FPCs) We complement our environmentally responsible and sustainable efforts with high-quality ingredient guidelines that emphasize organic, hormone- and antibiotic-free offerings. Organic production does not use environmentally harmful chemicals that may stay on produce and contaminate rain and groundwater. Organic farming also replenishes and maintains healthy, fertile topsoil with rich biological matter, which limits erosion and impact on waterways.

We do not cook with grease so no need for grease disposal.

Bean Sprouts works with local businesses whenever possible. When it is necessary to work with larger national companies to support our cafés, we opt for suppliers who have sustainable, ethical, and low-impact practices.

We stay up-to-date on environmental best practices and products in our industry by attending and speaking at various conferences and shows including Natural Products Expo, Restaurant Leadership Conference, Fast Casual Executive Summit and Healthy Child, Healthy World events. ix. Marketing
Bean Sprouts has vast experience developing marketing materials, including graphics, menus, and signage. We use top designers who have worked on many family-focused brands such as American Girl. We work closely with our host partners to make sure all Bean Sprouts’ materials and signage align with their overall brand and vision.

We will continue to work closely with the Santa Ana Zoo management team to be aware of special events where Bean Sprouts can participate. For example, we have a vendor who can make themed cookies so we can have speciality cookies with the opening of the new exhibits (think cute otter cookies)! Bean Sprouts was recently recognized as a “Top 100 Mover & Shaker” once again in the restaurant industry by Fast Casual Magazine. Its Do-Re-For-Me sandwich has been named as Best Kids’ Meal in the U.S. by the National Restaurant Association (NRA) & the KidsLiveWell initiative. Additionally, the cofounders have been to the White House to share ideas of how to make wholesome kids’ food more appealing in the food industry.

Bean Sprouts’ national accolades make a nice splash in the local markets and at the family destinations Bean Sprouts serves. Our relationships with local media and leading parenting and travel bloggers can garner lots of positive attention for your locale.

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7 Appendix A - Current Menu and Ingredient Guidelines

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8 PROPRIETARY - DO NOT RELEASE TO PUBLIC
No antibiotics
No artificial
preservatives
See our nutritional binder for more info!
No artificial flavors
No artificial colors
Allergy-friendly
City Council 38 – 45 2/20/2024
Police Department
www.santa-ana.org/police
Item # 39
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 20, 2024
TOPIC: School Resource Officer Services for the Orange County School of the Arts

AGENDA TITLE
Approve a Three-Year Agreement with the Orange County School of the Arts for School Resource Officer Services in the Amount of $806,127

RECOMMENDED ACTION
Authorize the City Manager to execute a three-year service agreement with the Orange County School of the Arts (OCSA), which provides for the Santa Ana Police Department to staff one full-time School Resource Officer (SRO) to the school, for the period of April 1, 2024 through March 31, 2027 in an amount not to exceed $806,127 (Agreement No.

A-2024-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
On April 20, 2021, the City Council approved a three-year agreement with Orange County School of the Arts (OCSA) for the Santa Ana Police Department to provide school resource officer services from April 1, 2021 through March 31, 2024. OCSA, a public charter school located in the heart of Santa Ana, provides a six-year comprehensive academic and conservatory arts program to approximately 2,300 students, from over 100 cities throughout Southern California, covering grades 7 through 12. The Santa Ana Unified School District Police Department does not provide a School Resource Officer (SRO) on this campus, as this site is a charter school.

OCSA wishes to continue this relationship to enhance the safety of its students and faculty by entering into a new three-year agreement that will allow the Santa Ana Police Department to continue providing SRO services on the OCSA campus. This full-time sworn police officer will be responsible for providing security and crime prevention services in and around OCSA. The SRO will work directly with school administrators, teachers, and students to cooperatively provide law enforcement resources coupled with the mentoring of students and the provision of law enforcement related presentations on youth issues. This agreement provides for full cost recovery of the City Council 39 – 1 2/20/2024
School Resource Officer Services for the Orange County School of the Arts February 20, 2024

personnel assigned to OCSA, similar to the recently approved agreement with Garden Grove Unified School District to provide SRO services.

The annual not-to-exceed agreement amount of $268,709 covers 100% of salary costs, benefits, and a $25,000 contingency for overtime and unanticipated expenses. The three-year agreement amount is $806,127.

FISCAL IMPACT
The police officer currently assigned as the SRO is budgeted in the Police Department, Field Operations Bureau account no. (01114420-various). The annual estimated cost of an officer is $268,709. Reimbursement revenues received from the Orange County School of the Arts will be deposited in the Police Miscellaneous Reimbursement revenue account (no. 01114002-57402).

EXHIBIT(S)

1. Agreement with the Orange County School of the Arts
Submitted By: Robert Rodriguez, Acting Chief of Police
Approved By: Tom Hatch, Interim City Manager
City Council 39 – 2 2/20/2024
Exhibit 1
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Public Works Agency
www.santa-ana.org/public-works
Item # 40
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 20, 2024
TOPIC: Lease Agreement for Office Space at the Santa Ana Regional Transportation Center

AGENDA TITLE
Approve an Appropriation Adjustment and Lease Agreement with Aldridge Electric, Inc. for Office Space at the Santa Ana Regional Transportation Center for a One-Year Term with Twelve One-Month Extensions for a Total Revenue Amount of $283,944 (NonGeneral Fund)

RECOMMENDED ACTION

1. Authorize the City Manager to execute a site lease agreement with Aldridge Electric, Inc. for the lease of 2,041 square feet of office space located at the Santa Ana Regional Transportation Center for a one-year term beginning on February 20, 2024 through February 19, 2025, for a total of $283,944 in lease revenue for the entire term of the agreement, including optional extensions (Agreement No. A-2024-XXX).

2. Approve an appropriation adjustment recognizing Fiscal Year 2023-24 lease income in the amount of $44,558 into the SARTC Operations, Rental-Aldridge Electric revenue account and appropriating the same amount into the SARTC Operations, Contractual Services expenditure account. (Requires five affirmative votes)
GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
The Santa Ana Regional Transportation Center (SARTC) is a regional transportation hub that brings together Amtrak, Metrolink, Orange County Transportation Authority (OCTA), interstate bus services, and in the future, the OC Streetcar. The facility is open to the public seven days a week from 5:00 a.m. to midnight and contains approximately 35,000 square feet of rental space, including ten bus bays.

The OC Streetcar is the first modern streetcar project to be built in Orange County. It will service Santa Ana’s historic downtown, which includes federal, state, and local courthouses; government offices; colleges; an artists’ village; and a thriving restaurant City Council 40 – 1 2/20/2024
Lease Agreement for Office Space at the Santa Ana Regional Transportation Center February 20, 2024

scene. The OC Streetcar will operate along a 4.15-mile route that connects SARTC and a new transit hub at Harbor Boulevard and Westminster Avenue in Garden Grove.

The City has been contacted by sub-contractors working on the OC Streetcar Project to lease space at SARTC, including Aldridge Electric who is interested in leasing 2,041 square feet of office space due to close proximity to the project site. Aldridge Electric has been an active contractor of this project and has been leasing office space at SARTC since February 2019. As the OC Streetcar project continues, Staff recommends continuing to lease this space for the one-year term beginning on February 20, 2024 through February 19, 2025. The monthly lease will be $10,361, with any partial month prorated at $346 per day. For the optional twelve one-month extension, the monthly lease will increase to $13,469, with any partial month prorated at $449 per day.

FISCAL IMPACT
Approval of the site lease agreement obligates Aldridge Electric, Inc. to compensate the City $283,944 for the term of the lease agreement including renewal options for lease of interior office space at the SARTC. Approval of the appropriation adjustment will recognize Fiscal Year 2023-24 lease income in the amount of $44,558 into the SARTC Operations, Rental-Aldridge revenue account (No. 06717002-53826) and appropriate the same amount to the SARTC Operations, Contractual Services expenditure account (No. 06717650-62300).

The following table summarizes the funds budgeted in FY 2023-24 and available for expenditure.

Fiscal
Year
Accountin
g Unit -
Account #
Fund
Description Accounting Unit,
Account Description Amount
Appropriation Adjustment
2023-24
(Feb-June)
06717650-
62300
Regional
Transportation
Center

PWA-SARTC
Operations, Contract
Services-Professional
$44,558
Renewal Options
2024-25 06717650-
62300
Regional
Transportation
Center

PWA-SARTC
Operations, Contract
Services-Professional
$136,570
2025-26
(July-Feb)
06717650-
62300
Regional
Transportation
Center

PWA-SARTC
Operations, Contract
Services-Professional
$102,816
Total: $283,944
City Council 40 – 2 2/20/2024
Lease Agreement for Office Space at the Santa Ana Regional Transportation Center February 20, 2024

EXHIBIT(S)

1. Lease Agreement with Aldridge Electric, Inc.

Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Tom Hatch, Interim City Manager
City Council 40 – 3 2/20/2024

LEASE AGREEMENT BY AND BETWEEN THE CITY OF SANTA ANA AND ALDRIDGE ELECTRIC, INC. FOR USE OF THE SANTA ANA REGIONAL

TRANSPORTATION CENTER FACILITIES
THIS LEASE (the “Lease”) is made as of February 6, 2024, by and between 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” or “Landlord”), and Aldridge Electric, Inc. (“Tenant”).

1. EXHIBITS: The following exhibits are attached hereto and incorporated herein by reference:

Exhibit “A” - The Premises
Exhibit “B” - Additional Lease Conditions

2. PREMISES: Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, upon the terms, covenants and subject to the conditions set forth herein, a portion of the property located at 1000 East Santa Ana Boulevard in the City of Santa Ana, commonly known as the Santa Ana Regional Transportation Center (SARTC). Specifically, Tenant will be leasing the portion identified as Suite 300, consisting of approximately 2,041 square feet of interior office space (hereinafter referred to as the “PREMISES”). Tenant shall be solely responsible at its own expense for all improvements made to the Premises and obtain all necessary permits. The Premises are more particularly described in Exhibit A. The Landlord reserves the right to reconfigure the lease space or relocate the Tenant within SARTC by providing Tenant with a 30-day notice of such reconfiguration or relocation.

3. COMMENCEMENT OF TERM: The term of this Lease (the “Term”) shall commence on February 20, 2024 (the “Commencement Date”) and continue through February 19, 2025, unless sooner terminated or extended as provided herein.

4. ADDITIONAL LEASE CONDITIONS: Tenant acknowledges that this lease is subject to compliance with the additional lease conditions attached hereto as Exhibit B. These additional lease conditions are a material part of this Lease and any default of these conditions will be deemed a major breach and will subject this lease to termination per the terms identified herein.

5. EXTENSION PERIODS: Landlord shall have the right, but not the obligation, to provide Tenant the option to extend the Term for twelve (12) additional periods of one (1) month each on the same terms and conditions as set forth in this Lease. Each option shall be agreed to in writing by the Landlord and Tenant prior to the expiration of the Term or any Extension Period then in effect. If Tenant does not exercise its option to extend as provided herein, Tenant will be deemed a holdover Tenant and subject to paragraph 7 of this lease. The lease is subject to a Consumer Price Index (CPI) increase for any extension period.

6. RENT: Upon the Commencement Date, Tenant shall pay to Landlord, as rent (“Rent”) the monthly sum of $10,361.00 in advance, on the 1st day of each calendar month and continuing