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During this reporting period, no board or commission member for a body listed in the SAMC had two consecutive unexcused absences or missed at least half of the regular meetings.
Approval of nominations concurrently listed on the August 5, 2025 agenda will result in four boards/commissions having full membership, as follows:
•Arts and Culture Commission
•Parks, Recreation, and Community Services Commission
•Planning Commission
•Police Oversight Commission.
The other seven boards/commissions have at least one vacancy, as follows:
•Community Development Commission: 3 vacancies (Wards 1 and 2, Section 8 Tenant Seat)
•Environmental and Transportation Advisory Commission: 2 vacancies (Ward 5, Hispanic Chamber of Commerce)
•Historic Resources Commission: 1 vacancy (Ward 5)
•Measure X Oversight Committee: 1 vacancy (Ward 1)
•Personnel Board: 2 vacancies (Wards 1 and 5)
•Rental Housing Board: 4 vacancies (Wards 2, 4, 5, and 6) •Youth Commission: 2 vacancies (Wards 2 and 5)
At the end of this reporting period (June 30), the Rental Housing Board had three vacancies. An additional resignation since that time has resulted in that body having only three appointed members, which is less than a quorum, leaving them unable to hold meetings and conduct business as required by the SAMC.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. Biannual Attendance Reports
2. Roster of Current Vacancies and Expired Terms
Submitted By: Jennifer L. Hall, City Clerk
Approved By: Alvaro Nuñez, City Manager
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Roster of Current Vacancies and Expired TermsCITY OF SANTA ANA POSTED ON: AT: DO NOT REMOVE PURSUANT TO GOVERNMENT CODE SEC. 54974.SERVING WARDBOARD APPOINTED BYLAST NAME FIRST NAME APPT REAPPT EXPIRE RESIDINGWARDPOSITION1Santa Ana 2018 Measure X Citizen Oversight CommitteePhanVACANT12/12/2028 NACommunity Development CommissionPhanVACANT12/12/2028 NAPersonnel Board PhanVACANT12/12/2028 NA2Youth Commission VazquezVACANT12/8/2026 NARental Housing Board VazquezVACANT12/31/2027 At-Large with no Financial Community Development CommissionVazquezVACANT12/8/2026 NA4 Page 1 of 4Wednesday, July 23, 2025DISCLOSURE: The report information is subject to change. If you need the most current information on file, please contact the Clerk of the Council Office at 714 647-6520.
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SERVING WARDBOARD APPOINTED BYLAST NAME FIRST NAME APPT REAPPT EXPIRE RESIDINGWARDPOSITIONRental Housing Board BacerraVACANT12/31/2027 Landlord5Police Oversight CommissionHernandezMejia Amalia 06/06/202312/10/2024 4 NARental Housing Board HernandezVACANT12/31/2027 LandlordYouth Commission HernandezVACANT12/12/2028 NAEnvironment and Transportation Advisory Commission (ETAC)HernandezVACANT12/12/2028 NAHistoric Resources CommissionHernandezVACANT12/12/2028 NAPersonnel Board HernandezVACANT12/12/2028 NAPlanning Commission HernandezWoo Alan 03/16/202112/10/2024 3 NA6Personnel Board PenalozaRivera Angie 01/15/201912/13/2022 4 NAPage 2 of 4Wednesday, July 23, 2025DISCLOSURE: The report information is subject to change. If you need the most current information on file, please contact the Clerk of the Council Office at 714 647-6520.
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SERVING WARDBOARD APPOINTED BYLAST NAME FIRST NAME APPT REAPPT EXPIRE RESIDINGWARDPOSITIONHistoric Resources CommissionPenalozaVACANT12/8/2026 NARental Housing Board PenalozaVACANT12/31/2027 At-Large with no Financial Arts and Culture CommissionPenalozaVACANT12/8/2026 NACity-WidePersonnel Board AmezcuaVACANT12/8/2026 NAHispanic ChamberEnvironment and Transportation Advisory Commission (ETAC)Hispanic ChamberVACANT12/11/2018 Hisp Chamber Rep.NACommunity Development CommissionSec. 8 TenantVACANT12/31/2026 Sec. 8 TenantWorkforce Development BoardPrivate SectorVACANT5/31/2026 NA Private SectorWorkforce Development BoardPrivate SectiorVACANT5/31/2020 NA Private SectorWorkforce Development BoardCommunity Based VACANT5/31/2022 Community Based Page 3 of 4Wednesday, July 23, 2025DISCLOSURE: The report information is subject to change. If you need the most current information on file, please contact the Clerk of the Council Office at 714 647-6520.
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SERVING WARDBOARD APPOINTED BYLAST NAME FIRST NAME APPT REAPPT EXPIRE RESIDINGWARDPOSITIONWorkforce Development BoardPrivate SectorVACANT5/31/2026 NA Private SectorWorkforce Development BoardPublic Sector/SAUSVACANT5/31/2022 Education/SAUSD
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Planning and Building Agency
www.santa-ana.org/pb
Item # 10
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 5, 2025
TOPIC: Receive and File - Orange County Grand Jury’s Investigative Report, Findings, and Recommendations Regarding Long-Term Solutions to Short-Term Rentals
AGENDA TITLE
Orange County Grand Jury’s Investigative Report, Findings, and Recommendations Regarding Long-Term Solutions to Short-Term Rentals and City’s Response to the Findings and Recommendations
RECOMMENDED ACTION
Receive and file the Orange County Grand Jury’s investigative report, findings, and recommendations regarding long- term solutions to short-term rentals and authorize the City Manager to deliver the city’s response to the findings and recommendations to the presiding judge of the Superior Court.
GOVERNMENT CODE §84308 APPLIES: No
DISCUSSION
The 2024-2025 Orange County Grand Jury (OCGJ) Report (Exhibit 1), received June 4, 2025 and titled "Long-Term Solutions to Short-Term Rentals," outlines the current status and recent developments related to Short-Term Rentals (STRs). The study includes thirty-four cities in Orange County including Santa Ana and focuses on cities with the largest number of STRs and cities with bans on STRs, as well as coastal cities likely to see large amounts of STR activity.
While STRs are not a new phenomenon in Orange County, the City has seen a notable rise in STR activity over the past three years. The growth of Online Booking Agencies (OBAs) such as Airbnb and Vrbo has further increased the visibility and prevalence of STRs, raising concerns about public nuisances and community disruptions. While STRs have existed in various forms throughout Orange County for over a decade, the expansion of OBAs has made it easier for property owners to list and rent homes for short durations, contributing to a regional increase in STRs.
The report provides an overview of current enforcement efforts, ongoing coordination efforts, and future regulatory considerations. Although the City of Santa Ana does not
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permit STRs within its jurisdiction, the use of OBAs has contributed to an uptick in unpermitted STR operations in the city over the last three years.
In accordance with California Penal Code Sections 933 and 933.05, the OCGJ mandates that the City must respond to the conclusions and recommendations outlined in the report.
The City of Santa Ana is required to respond to findings F1, F2, F3, and F12, as well as recommendations R1, R2, and R9 of the OCGJ Report. The City is not required to respond to the remaining findings and recommendations. An overview of the OCGJ's findings, recommendations, and the City's corresponding responses, is attached as Exhibit 2. These responses outline the City’s recent adoption of a clear, reiterated prohibition of STRs ( Ordinance No. NS-3072, adopted on December 3, 2024); ongoing coordination among various departments and agencies on enforcement; and routine reevaluation of local land use regulatory ordinances, such as the City’s zoning code.
Once authorized by the City Council, the responses documented in Exhibit 2 will be submitted to the Presiding Judge of the Superior Court.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. County of Orange Grand Jury Investigative Report, Findings and Recommendations Regarding Long-Term Solutions to Short-Term Rentals
2. City Responses to Report’s Findings and Recommendations Submitted By: Ali Pezeshkpour, AICP, Executive Director, Planning and Building Agency
Approved By: Alvaro Nuñez, City Manager
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2024-2025 ORANGE COUNTY GRAND JURY REPORT
Long-Term Solutions to
Short-Term Rentals
Grand Jury
Exhibit 1
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TABLE OF CONTENTS
ACRONYMS ................................................................................................................................. 3 SUMMARY ................................................................................................................................... 4 BACKGROUND ........................................................................................................................... 4 REASON FOR THE STUDY ...................................................................................................... 5 METHOD OF STUDY ................................................................................................................. 5 INVESTIGATION ........................................................................................................................ 6 How Cities Manage STRs ......................................................................................................... 7 Code Enforcement’s Role ......................................................................................................... 8 STR Policies Vary in Orange County ...................................................................................... 8 Cities With an STR Ban ........................................................................................................... 8 Cities Without a Specific STR Ordinance ................................................................................ 9 How Cities Collect Complaints ................................................................................................ 9 Issues with STR Code Enforcement ........................................................................................ 9 Tools That Help Code Enforcement Accomplish Their Goals ............................................ 10 Legal Cases Uncover Gaps in STR Ordinances ................................................................... 10 Managing Permit Scarcity ...................................................................................................... 11 Collecting TOT Revenue ........................................................................................................ 12 Major Events Fuel Demand for STRs ................................................................................... 13 STR Impact on Affordable Housing ...................................................................................... 13 STRs Can be Good Neighbors ................................................................................................ 14 FINDINGS ................................................................................................................................... 15 RECOMMENDATIONS ............................................................................................................ 16 RESPONSES ............................................................................................................................... 17 Responses Required ................................................................................................................ 18 Findings ................................................................................................................................. 19 Recommendations .................................................................................................................. 19 Requested Responses............................................................................................................... 19 Findings ................................................................................................................................. 19 Recommendations .................................................................................................................. 19
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BIBLIOGRAPHY ....................................................................................................................... 20 ANNOTATED BIBLIOGRAPHY ............................................................................................ 21 TABLES
Table 1: STR policies by city.......................................................................................................... 5 Table 2: Models of short-term rentals ............................................................................................. 7 Table 3: Recent selected legal findings related to STRs ............................................................... 11 Table 4: STR permit limits and affordable housing needed (Housing Element) .......................... 14
FIGURES
Figure 1: A single residence may appear on multiple websites. ..................................................... 7
ACRONYMS
ADU Accessory Dwelling Units
CCC California Coastal Commission
CE Code Enforcement
GIS Geographic Information System
HOA Homeowners Association
LI Low Income
OBA Online Booking Agency
STR Short-Term Rental
TOT Transient Occupancy Tax
VLI Very Low Income
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SUMMARY
Short-term rental (STR) is defined as occupancy of a residence such as a home or an apartment for fewer than 30 days.
Some Orange County residents complain that the growth of STRs impinges on their quality of life and adds costs to city government for additional code enforcement. The 2024-2025 Orange County Grand Jury (Grand Jury) investigation revealed that:
• Cities with a growing number of STRs did not always receive higher complaint volumes. • Some cities employ effective strategies to manage complaints and other cities can learn from their success.
• When cities ban STRs, this often leads to a never-ending game of “whack-a-mole”—as soon as one unpermitted STR is shut down, another opens. • Code Enforcement (CE) errs on the side of leniency.
• Some cities rarely pursue fines for STR violations or collect the Transient Occupancy Tax (TOT) on unreported STR income.
• Some cities rely on the “honor system” for STR owners to report and pay the correct TOT.
• The commonly held belief that STRs negatively impact affordable housing is not evident in cities with STRs.
This report identifies best practices that city councils and their planning departments can use to more efficiently and effectively manage their STRs. This includes modifying STR ordinances, and for some cities, utilizing third-party digital tools for better code enforcement and data tracking to collect unreported TOT.
BACKGROUND
For many years, Orange County has been an international destination, with its forty-two miles of scenic coastline, Disneyland, Knotts Berry Farm, Angel Stadium, Honda Center, and other attractions. Vacation rental properties in Orange County’s beach communities go back many decades; for instance, in the 1920s, Crystal Cove State Park offered camping sites to the public, and in the 1940s it offered trailers.
For some, STRs are business opportunities. To others, STRs are a nuisance and impinge on neighbors’ quality of life. In response to these conflicting priorities, some cities in Orange County have banned STRs, some have limited their number, and some have no limits.
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Table 1: STR policies by city
Policy Choice Cities with the Policy
Banned (19)
Aliso Viejo, Brea, Costa Mesa, Cypress, Fountain
Valley, Garden Grove, Irvine, La Habra, Laguna Hills,
Laguna Niguel, Laguna Woods, Los Alamitos, Rancho
Santa Margarita, Santa Ana, Stanton, Tustin, Villa Park, Westminster, Yorba Linda
Allowed (15) Anaheim, Buena Park, Dana Point, Fullerton, Huntington Beach, La Palma, Laguna Beach, Lake
Forest, Mission Viejo, Newport Beach, Orange,
Placentia, San Clemente, San Juan Capistrano, Seal
Beach
The advent of online booking agencies (OBAs) has made it even easier for homeowners (and apartment lessees) to supplement their income by renting out their home or room and advertising to millions around the world. As a result, STRs’ visibility has increased, creating tension between STR operators and neighbors.
REASON FOR THE STUDY
Short-term rentals are a heated topic in Orange County cities. Various news reports have covered the impact of STRs on local communities, and this motivated the Grand Jury to investigate how effectively Orange County cities are managing STRs.
The scope of this study includes the thirty-four cities in Orange County, with a focus on cities with the largest number of STRs and cities with bans on STRs, as well as coastal cities.
The Grand Jury studied STR permits and the effectiveness of STR bans. Finally, the Grand Jury examined strategies to improve the quality of life for residents and to provide city planning departments a compilation of tools that will assist in effectively balancing the expectations of the residents and the business owners operating STRs.
METHOD OF STUDY
The Grand Jury conducted the following:
• Research on STR management and business models
o Survey of national publications with articles on STRs
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o Review of websites, interviews, testimonials, and other materials produced by companies serving the STR and hospitality markets or from contractors with products for cities managing STRs
o Review of academic papers on STRs and their history
o Review of non-governmental agency white papers on STRs • In-person interviews of city personnel
• Review of:
o City meeting minutes and recordings of residents’ concerns o Various cities’ STR complaint processes
o City ordinances as well as state statutes
o California Coastal Commission guidance
o Third-party STR surveillance software used by cities
o Various cities’ STR complaints from June 2022 through June 2024 o Relevant legal rulings
• Analysis of TOT
INVESTIGATION
The Grand Jury learned that in most cases, STR operators are required to obtain a business license, register with their city for a permit, submit reports, pass an inspection, and pay TOT.
This is a city-level tax levied on any temporary lodging that is occupied for fewer than thirty days. All hotels, motels, and bed and breakfasts must remit this tax. Short-term rentals permitting and other policies vary by city. A short-term rental’s TOT is paid either monthly, quarterly, or annually. Most cities allowing STRs require a twenty-four-hour, in-person contact to address complaints, within either thirty or sixty minutes.
Short-term rental operators often use one of the numerous OBAs, such as VRBO (from the phrase Vacation Rentals by Owner), Airbnb, Zumper, and HomeAway. In addition, some operators may advertise via direct booking sites (a website for their specific property) or through local rental agents. Multiple OBAs mean that a unique property may have as many as a dozen listings.
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Figure 1: A single residence may appear on multiple websites.
How Cities Manage STRs
In nearly every city, short-term rentals are regulated by ordinances that define operational rules, establish fees for licensing and violations, and outline the appeals process. Often these rules include disclosure to neighbors, a “Good Neighbor Policy” brochure for the renter, parking and garbage policies, and quiet hours for the neighborhood. An emergency contact who would be readily available to respond to a complaint is typically required. City ordinances may define who can own and operate an STR. Cities may limit operation to the primary homeowner or renter, or they may allow investors who own multiple STR properties.
The Grand Jury observed the following STR models:
Table 2: Models of short-term rentals
Hosted/Shared Housing Owner must be on the property/in
house
Primary Housing Rentals of an owner’s primary
residence are permitted
Unrestricted No restrictions on ownership (income-
producing property)
The Hosted/Shared model is when a homeowner or renter with an extra room rents it out for fewer than thirty days. The host stays at the property during the guests’ stay, either in the house or in an on-property Accessory Dwelling Unit (ADU). The Primary Housing model is when the host rents out their principal home but is not present on the property. Unrestricted STRs are income-producing properties, often owned by corporations and managed by property management companies.
123 Your Street
VRBO.com
airbnb.com
Zumper.com
HomeAway.com
Booking.com
holidayhomes.com
vacasa.com
evolve.com
avantstay.com
agoda.com
flipkey.com
casamundo.com
9flats.com
onefinestay.com
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Regardless of the model, neighbors have the expectation that STR businesses will be operated in a responsible and respectful manner. Owner-occupied models make it easier for a neighbor with a complaint to get resolution. In cities that use this model, formal complaints are fewer because neighbors can quickly resolve issues between themselves.
Code Enforcement’s Role
Code Enforcement (CE) responsibilities include initial and ongoing inspections of STRs to assure adherence to building codes, noise and parking requirements, along with monitoring city complaint portals and searching for nonpermitted STRs. Code Enforcement officers also investigate citizen complaints to substantiate claims and issue citations.
Revenue staff work in tandem with CE to process permits and licenses and to collect TOT and other fees. In at least one city that has a waiting list for STR permits, revenue staff rather than CE staff manage the list, which may delay or limit CE’s ability to find unpermitted STRs.
Several cities employ third-party platforms offering an array of services, including STR registration portals, a complaints hotline and/or online portal, and tax payment portals. These platforms offer efficient and potentially cost-effective options to aid staff monitoring STRs.
Cities may also select a third-party platform option that identifies both permitted and unpermitted STRs advertising on OBAs.
STR Policies Vary in Orange County
Each of the thirty-four cities in Orange County has its own policies. As of this writing, nineteen of the cities had a ban on all STRs and fifteen allowed STRs (see Table 1). Unincorporated areas of the county (e.g., Rossmoor, North Tustin) are covered by County of Orange policy through the OC Public Works department, which issues permits; however, the Grand Jury did not observe STR volumes in unincorporated areas warranting analysis.
Cities With an STR Ban
The Grand Jury learned that it is difficult for cities to enforce a ban. Cities report that after they enacted a ban, the volume of STRs saw a notable decline; however, some unpermitted STRs still continued to operate. Cities may use a rental identification database and a complaint portal to improve compliance, often through third-party software. These databases can often identify the address of an unpermitted STR and allow follow-up with the property owner. At least one city with technologically savvy CE staff has performed this task without help from a third-party platform.
All cities in the coastal zone have permits for STRs, and this is linked to mandates from the California Coastal Commission (CCC) which issued a 2016 memo with guidance that coastal cities provide “lower cost visitor…facilities” and beach access via STRs.
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Cities Without a Specific STR Ordinance
Some cities without an STR ordinance have operated on the assumption that because STRs are not defined by an ordinance, they are banned. However, when an STR operator challenges a citation, these cities have often discovered that the subsequent court ruling goes against the city, as evidenced by recent cases described below. Cities often respond to these losses by drafting new ordinances and amendments, but sometimes a new STR operator will find another legal gap, and the “whack-a-mole” game continues.
Multi-unit apartment complexes may also host unpermitted STRs in cities that have bans. Photos used in online advertising often make complexes easy to find, but identifying specific units may be difficult. Property managers are more familiar with the units and can sometimes help CE track these down.
Some properties without permits are advertised on foreign-language websites. Image searches may uncover these host sites, but the Grand Jury did not identify any solution yet for this challenge.
How Cities Collect Complaints
Many Orange County cities provide an online complaint portal as well as a telephone hotline; these services are staffed by a third-party platform or by city staff. In cities that allow STRs, Code Enforcement will reach out to the STR emergency contact to initiate complaint resolution.
Issues with STR Code Enforcement
Most STR operators want to avoid citations and fines. Neighbor complaints can lead to notices of violation, fines, and ultimately revocation of the STR operating permit. With effective enforcement, STRs that violate city codes receive a citation and/or fine. This can result in improved behavior on the part of the STR operator.
In the fifteen cities that allow STRs, neighbors face hurdles in complaint resolution. This, along with laxity in enforcement, may explain why fewer than ten percent of STRs record a complaint in a given year, a number that fails to reflect the frustration of STR neighbors.
Tracking and confirmation of complaints is often difficult. In order to enforce STR ordinance rules, code or law enforcement must first substantiate that the source is an STR. In some cities that permit STRs, Code Enforcement works only during regular business hours. Nuisance reports often occur in the evening or early morning, when CE may not be on duty. Therefore, residents or other complainants do not receive a timely response and the problem is not resolved at the time of the actual nuisance, if ever.
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Most ordinances require an emergency contact for each STR, but a review of hundreds of complaints between 2022 and 2024 shows that in a number of cases the contact does not respond either in the thirty- or sixty-minute required time frame.
Warnings and citations may take up to a week to issue and are recorded in an STR complaint log.
The STR operator may appeal the citation. Initial appeals are made through a city official or a third-party administrative officer. This can take some time, during which the STR may continue to operate. An ordinance without an appeals procedure may be challenged in the courts.
The Grand Jury learned that in most cities, CE investigates complaints with a fair bit of leniency.
First, the CE officer will visit the property and confirm the violation. The most common complaint is noise, and this violation must be observed and verified by the CE officer. Other complaints may involve vehicle parking, trash, and exceeding permitted occupancy. The CE officer often works through the emergency contact to resolve problems and often will issue a warning rather than a citation.
Tools That Help Code Enforcement Accomplish Their Goals Cities that allow STRs would benefit from a system that geographically integrates STR owner contact information, permit, and business license numbers. Having this information readily available would enable CE to respond to complaints more effectively. Some of the third-party platforms offer these tools, but using a third-party platform requires a degree of technical knowledge and an investment in Code Enforcement training. Some cities accomplish this work with internal tools and staff.
Beyond responding to complaints, CE in some cities proactively inspect permitted STRs and/or confirm the emergency contacts. These inspections confirm occupancy limits, ensure that safety equipment is onsite, and validate that no unpermitted construction has been done on the property.
Legal Cases Uncover Gaps in STR Ordinances
Recent cases up and down the state have established firm guidance for cities as they deal with STR issues. The Grand Jury identified a few cases that clarified areas of ambiguity in existing STR ordinances:
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Table 3: Recent selected legal findings related to STRs Case Decision
People v. Venice Suites, LLC, 71
Cal. App. 5th 715, 732-34 (2021)
Specificity in zoning language is necessary.
Length of occupancy was not specified in
code and therefore STR usage would be
permitted.
Keen v. City of Manhattan Beach, 77
Cal. App. 5th 142 (2022)
The term “residence” alone is not effective in
banning STRs. A specific STR ordinance is
necessary.
Coastal Protection Alliance Inc. v.
Airbnb, Inc., 95 Cal. App. 5th 207,
270 (2023)
Operation of STRs in coastal zones does not
in and of itself constitute an increase in
density or intensity requiring changes in
zoning.
Kracke v. City of Santa Barbara, 63
Cal. App. 5th 1089 (2021)
Coastal cities need to secure and comply with
Coastal Commission rulings before drafting
any limiting ordinances pertaining to STRs.
These rulings highlight gaps in city ordinances and may provide grounds for appeal of STR citations. In light of these rulings, the cities of Anaheim and Santa Ana amended their codes to incorporate language that plugs the gaps, resulting in more effective STR enforcement.
Managing Permit Scarcity
Limits on the number of STR permits create a quasi-monopoly. In some cities, the permit limit was set at a point in time when no limit existed. The cities selected a number slightly greater than the inventory then in existence. Once the limit was set, these cities saw an acceleration in applications up to the limit.
In some cities, STRs are excluded only in certain zones. Single family home (R1) zones and Homeowner Associations (HOAs) often have exclusions. Other cities permit unlimited STRs in a “vacation home zone” near the beach or an attraction. Still others allow one STR in a fixed radius (typically 300 feet), which effectively limits permits.
At least three cities (Newport Beach, Dana Point, and Orange) have created waiting lists in response to having more applications than available permits. However, STR operators rarely voluntarily relinquish their permits. If an STR has been converted to a long-term rental, then it is no longer subject to TOT. Unless the STR operator informs the city of the conversion, a city that only collects TOT annually (as at least one city does) will not know for a year that the unit is no longer operating as an STR. At that point, as they have not received any TOT from the unit, the
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city can initiate proceedings to rescind the STR permit and pass it on to the next applicant on the waiting list. However, the STR operator can appeal, and this can extend the process even longer.
Some cities allow permit holders to transfer their permit to a family member or to the new owner of their property, thus circumventing the waiting list altogether. A system where permits expire after a certain time would afford those on the waiting list an opportunity to be placed ahead of renewals, thus creating a more equitable process. One city, Dana Point, has set a limit on investor-owned properties, allowing more Hosted STRs to have priority in getting permits.
Collecting TOT Revenue
The fifteen cities that allow STRs (see Table 1) collect TOT on STR revenue, plus any fees charged to the renter. Operators report TOT to cities either annually, quarterly, or monthly.
Monthly reporting of TOT has several advantages: cities receive TOT sooner, the STR owner has a smoother and more predictable cash flow, and cities can quickly identify non-revenue- producing STRs.
In cities like Dana Point and Anaheim, TOT represents a substantial percentage of city revenue; however, nearly all of this comes from hotels. Short-term rental TOT in Newport Beach represents thirty percent of total TOT collections, contributing two percent of city revenues.
Newport Beach has the greatest share of TOT revenue from STRs (with 1,550 units) and the greatest number of STRs of all Orange County cities. Transient Occupancy Tax rates vary by city from eight to seventeen percent. Despite the limited amounts, each city that collects short- term rental TOT increases their general fund.
Each city handles TOT collection differently. Newport Beach collects quarterly from agents who operate STRs and annually from STR homeowners, using paper-based forms. This system does not allow for easy tracking of short-term rental TOT by permit number because multiple units at the same address (with separate permits) may be combined on the form. A digital submission by unique permit number, such as is used by the City of Orange, is easy and provides greater detail to the city.
The City of Anaheim has agreements called Voluntary Collection Agreements (VCAs) with a number of Online Booking Agency platforms that enable monthly TOT remittance from short- term rental advertising on the OBA
. In most cases, OBAs share a spreadsheet with totals only; however, at least one platform remits with detailed addresses with amounts by address. It is possible for an OBA to send more detailed data and for the city to integrate it into its information systems, but as yet no city appears to have negotiated with an OBA to implement this direct reporting. Requiring an OBA to report more detail ensures that all STR tax from Online Booking Agency is reported, collected, and remitted to the city, whether the STR is permitted or not.
However, this system still would not capture STRs booked directly with the operator, which may be up to 30-60% of gross rental revenue.
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At least one city (Orange) requires that TOT reporting include the number of days the STR is available for rent and number of days rented each month. Capturing these statistics facilitates desk auditing.
A “desk audit” is a remote review of the STR operators’ reported information to ensure compliance with TOT reporting requirements. This is in contrast to a “business-level audit,” which is performed by the city on site and involves verification of the reported information against third-party records, such as bank statements.
The Grand Jury’s review of a subset of Orange County cities did not identify any that did more than desk audits on short-term rental TOT receipts. Put simply, these cities currently rely on the “honor system.” Conducting business-level audits would allow cities to discover and collect additional funds. However, a city should consider the cost of enforcement versus the financial benefit of STR business audits, especially in smaller cities with limited short-term rental TOT.
Major Events Fuel Demand for STRs
Reports from the 2024 Olympic games indicate that the average price per night of STRs in and around Paris more than doubled during the Olympics, and total inventory grew by nearly fifty percent. With the coming 2026 Los Angeles World Cup and the 2028 Los Angeles Olympics, these surges are likely to be seen in Orange County, especially with the Honda Center and Trestles Beach—both in Orange County—being used as Olympic venues. Orange County cities have not yet dedicated resources to plan around STRs for these major events.
STR Impact on Affordable Housing
Some housing advocates argue that STRs reduce the inventory of much needed and mandated affordable housing. The Grand Jury found that STRs have a negligible effect on affordable housing in cities that currently allow STRs. The Southern California Association of Governments, acting under the direction of the State Housing Element Law, sets a mandated volume of new units by city for Very Low Income (VLI) and Low Income (LI) units, and this analysis uses it as the estimate of needed affordable units.
The Grand Jury’s analysis of inland cites suggests that if their existing STR units were converted to affordable housing, they would contribute at most about eight percent (125/1,671 from Table 4) of the affordable units required (in the city of Orange), and a much smaller percentage in other inland cities.
On the other hand, in coastal cities, the STR volumes appear to meet a sizable portion of affordable unit goals. However, coastal cities must comply with State law enforced through the California Coastal Commission (CCC). The CCC weighs in on all coastal development and changes, and any modification of a city’s zoning rules or limits on STRs would be subject to the CCC’s approval. The CCC’s stated goal is to preserve access to public beaches and low-cost
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short-term housing, which includes STRs. It is therefore unrealistic to expect that coastal STRs would be converted to long-term affordable housing in any sizeable number.
Table 4: STR permit limits and affordable housing needed (Housing Element) Housing Element 6th Series Unit Goals
Inland Cities
Limit on
STR Permits
Very Low
Income
(VLI)
Low
Income
(LI)
VLI+LI Unit
Goal
Anaheim 277 3,767 2,397 6,164
Buena Park 11 2,119 1,343 3,462
Fullerton 100 3,198 1,989 5,187
Orange 125 1,067 604 1,671
Coastal Cities*
Dana Point 115 147 84 231
Laguna Beach 300 118 80 198
Newport Beach 1,550 1,456 930 2,386
San Clemente 225 282 164 446
Seal Beach 33 258 201 459
*Subject to CCC legal requirements
Equally important is the fact that there is rarely a one-to-one relationship between STRs and long-term housing. In many areas of the County, STRs are luxury or large-scale homes. It is extremely unlikely that such homes could or would be easily converted into affordable housing or demolished to create multiple affordable dwellings. Aside from the complications of such an endeavor, the likelihood that neighbors would acquiesce to these changes is negligible.
Based on the above factors, the Grand Jury concludes that, contrary to widely held belief, STRs should not be considered a significant factor in the availability of affordable housing in Orange County cities with STRs.
STRs Can be Good Neighbors
The burden of getting STR operators to function in a community friendly way should be on the operator and government, not the neighborhood residents. Best practices include the following:
• Updated ordinances that limit how STRs can advertise and specifically exclude STRs from banned cities
• Concise city permitting guidance
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• An easy-to-use complaint system for residents
• Diligent code enforcement
• Requiring an in-person contact
• Permit numbers in all advertising
• Monthly electronic collection of TOT
Several Orange County cities, such as Seal Beach, Dana Point, and Orange, have clear permitting procedures that explicitly outline Good Neighbor policies, yielding low complaint rates.
Anaheim and Santa Ana have made ordinance revisions that improve the odds that their cities will prevail in appeals to STR citations. Newport Beach, Dana Point, and Anaheim perform regular inspections on new and existing STRs to ensure units are safe and code compliant.
Incorporating the above elements in a city’s ordinances and practicing effective code enforcement would enhance the relationship between STR business operators and their neighbors. Moreover, better communication among cities to share these best practices would greatly improve the management of STRs.
FINDINGS
In accordance with California Penal Code Sections 933 and 933.05, the 2024-2025 Grand Jury requires (or as noted, requests) responses from each agency affected by the findings presented in this section. The responses are to be submitted to the Presiding Judge of the Superior Court.
Based on its investigation “Long-Term Solutions to Short-Term Rentals,” the 2024-2025 Orange County Grand Jury has arrived at twelve findings, as follows:
F1: Despite the increasing media coverage of Online Booking Agencies (OBAs), STRs are not a new phenomenon in Orange County.
F2: The steady growth of STR usage in the last decade raises concerns of potential public nuisance.
F3: Even with robust Code Enforcement, a city’s statutory ban on STRs is not enough to keep STRs from operating.
F4: Anaheim’s ordinance requires OBAs to report Transient Occupancy Tax (TOT) directly to the city. This has led to the favorable consequence that unpermitted STR income is reported to the city.
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F5: Proactive home inspections of new and renewing STRs, which have been implemented in some Orange County cities, improve code enforcement and STR compliance with city ordinances.
F6: Direct remittance of taxes by OBAs does not capture all TOT for an STR because of direct booking practices.
F7: Some cities in Orange County have outdated systems for tracking short-term rental TOT making the process less effective and more difficult for staff.
F8: In some cases, STRs are improperly recharacterized as long-term rentals to circumvent the collection of TOT and any applicable penalties.
F9: Online Booking Agencies in foreign languages are outside the current capabilities of Code Enforcement to monitor and track unpermitted STRs.
F10: Cities that fail to routinely review their STR waiting lists potentially lose TOT revenue and contribute to a greater prevalence of unpermitted STRs.
F11: Locations that have hosted major events have reported an outsized increase in demand and pricing of STRs, a situation Orange County is likely to experience with the upcoming 2026 Los Angeles World Cup and 2028 Los Angeles Olympics.
F12: City leaders have no regular communication with each other concerning STR issues, limiting opportunities to develop strategies and expertise to improve service.
RECOMMENDATIONS
In accordance with California Penal Code Sections 933 and 933.05, the 2024-2025 Grand Jury requires (or, as indicated, requests) responses from each agency affected by the recommendations presented in this section. The responses are to be submitted to the Presiding Judge of the Superior Court.
Based on its investigation described herein, the 2024-2025 Orange County Grand Jury makes the following nine recommendations:
R1: Cities should review and begin to update ordinances to keep up with the rapidly changing nature of court findings and legislation related to STRs, by December 31, 2025, and no less frequently than every three years thereafter. (F4, F12) R2: Cities should consider developing a plan for upcoming major events that are expected to create a surge in demand for STRs and its associated Transient Occupancy Tax, by December 31, 2025, and no less frequently than every two years thereafter. (F11)
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R3: Cities that allow STRs should evaluate the benefit of ordinances facilitating Voluntary Collection Agreements requiring OBAs to submit TOT directly, by June 30, 2026. (F4, F12) R4: Cities that allow STRs should evaluate the benefit of collecting TOT on a monthly basis by individual property, by June 30, 2026. (F7, F8)
R5: Cities should require STRs to include the number of days rented per month per permit to facilitate short-term rental TOT desk audits by November 30, 2025. (F7, F8) R6: Cities with a permit waiting list should implement strategies to remove non-revenue- generating licenses to allow for fair access by December 31, 2025, and annually thereafter. (F7, F10)
R7: Cities that allow STRs should consider allocating resources to update their short-term rental TOT tracking systems by September 30, 2026. (F7, F8, F10) R8: Cities that allow STRs should consider random multi-year audits to confirm TOT by June 30,2026, and annually thereafter. (F6, F7, F8)
R9: City leaders should have regular discussions with each other to share STR management strategies on a biannual basis commencing no later than January 1, 2026. (F12)
RESPONSES
The following excerpts from the California Penal Code provide the requirements for public agencies to respond to the Findings and Recommendations of this Grand Jury report:
Penal Code Section 933:
(c) No later than 90 days after the grand jury submits a final report on the operations of any public agency subject to its reviewing authority, the governing body of the public agency shall comment to the presiding judge of the superior court on the findings and recommendations pertaining to matters under the control of the governing body, and every elected county officer or agency head for which the grand jury has responsibility pursuant to Section 914.1 shall comment within 60 days to the presiding judge of the superior court, with an information copy sent to the board of supervisors, on the findings and recommendations pertaining to matters under the control of that county officer or agency head and any agency or agencies which that officer or agency head supervises or controls. In any city and county, the mayor shall also comment on the findings and recommendations. All of these comments and reports shall forthwith be submitted to the presiding judge of the superior court who impaneled the grand jury. A copy of all responses to grand jury reports shall be placed on file with the clerk of the public agency and the office of the county clerk, or the mayor when applicable, and shall remain on file in those offices. One copy shall be placed on file with the applicable grand jury final report by, and in the control of the currently impaneled grand jury, where it shall be maintained for a minimum of five years.
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Penal Code Section 933.05:
(a) For purposes of subdivision (b) of Section 933, as to each grand jury finding, the responding person or entity shall indicate one of the following:
(1) The respondent agrees with the finding.
(2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor.
(b) For purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions:
(1) The recommendation has been implemented, with a summary regarding the implemented action. (2) The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation.
(3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report.
(4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor.
(c) However, if a finding or recommendation of the grand jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the board of supervisors shall respond if requested by the grand jury, but the response of the board of supervisors shall address only those budgetary or personnel matters over which it has some decision-making authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department.
(d) A grand jury may request a subject person or entity to come before the grand jury for the purpose of reading and discussing the findings of the grand jury report that relates to that person or entity in order to verify the accuracy of the findings prior to their release. (e) During an investigation, the grand jury shall meet with the subject of that investigation regarding the investigation, unless the court, either on its own determination or upon request of the foreperson of the grand jury, determines that such a meeting would be detrimental. (f) A grand jury shall provide to the affected agency a copy of the portion of the grand jury report relating to that person or entity two working days prior to its public release and after the approval of the presiding judge. No officer, agency, department, or governing body of a public agency shall disclose any contents of the report prior to the public release of the final report.
Responses Required
Comments to the Presiding Judge of the Superior Court in compliance with Penal Code Section 933.05 are required within 90 days of the date of the publication of this report from:
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Findings
City Councils of the following cities:
Dana Point, Fullerton, Huntington Beach, Laguna Beach, Newport Beach, San Clemente, San Juan Capistrano, Seal Beach
F1, F2, F5, F6, F7,
F8, F9, F10, F11, F12
Costa Mesa, Irvine, Santa Ana
F1, F2, F3, F12
Anaheim F1, F2, F4, F5, F6,
F7, F8, F9, F11, F12
Recommendations
City Councils of the following cities:
Anaheim, Dana Point, Fullerton, Huntington Beach, Laguna Beach, Newport Beach, Orange, San Clemente, San Juan Capistrano, Seal Beach
R1, R2, R3, R4, R5,
R6, R7, R8, R9
Costa Mesa, Irvine, Santa Ana
R1, R2, R9
Requested Responses
Comments to the Presiding Judge of the Superior Court in compliance with Penal Code Section 933.05 are requested within 90 days of the date of the publication of this report from:
Findings
City Councils of the following cities:
Buena Park, La Palma, Lake Forest, Mission Viejo, Placentia
F1, F2, F5, F6, F7,
F8, F9, F10, F11, F12
Aliso Viejo, Brea, Cypress, Fountain Valley, Garden Grove, La Habra, Laguna Hills, Laguna Niguel, Laguna Woods, Los Alamitos, Rancho Santa Margarita, Stanton, Tustin, Villa Park, Westminster, Yorba Linda
F1, F2, F3, F12
Recommendations
City Councils of the following cities:
Buena Park, La Palma, Lake Forest, Mission Viejo, Placentia
R1, R2, R3, R4, R5,
R6, R7, R8, R9
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Aliso Viejo, Brea, Cypress, Fountain Valley, Garden Grove, La Habra, Laguna Hills, Laguna Niguel, Laguna Woods, Los Alamitos, Rancho Santa Margarita, Stanton, Tustin, Villa Park, Westminster, Yorba Linda
R1, R2, R9
BIBLIOGRAPHY
Better Neighbors LA. "BNLA Annual Report 2022." February 24, 2023. https://static1.squarespace.com/static/5fc9845732f65217775cb3a5/t/63f8e87357c81b1848 48b95b/1677256830192/BNLA_Annual+Report_2022-web.pdf.
California Coastal Commission. "Short Term Vacation Rental Memo to Coastal Planning and Development Directors." December 6,
2016. https://documents.coastal.ca.gov/assets/la/Short_Term_Vacation_Rental_to_Coastal_Plan ning_&_Devt_Directors_120616.pdf.
California Coastal Commission. "Recent LCP Policy Examples for Lower Cost Overnight Accommodations." 2023. https://documents.coastal.ca.gov/assets/lower-cost-coastal- lodging/LCOA-Doc2.pdf.
Costar. "Summer Olympics Drove Paris Room Rates to All-Time Highs." CoStar, August 11, 2024. https://www.costar.com/article/54408592/summer-olympics-drove-paris-room-rates-to-all- time-highs.
Dubetz, Alissa, Matt Horton, and Charlotte Kesteven. "Staying Power: The Effects of Short- Term Rentals on California’s Tourism Economy and Housing Affordability." Milken Institute, June 1, 2022. https://milkeninstitute.org/content-hub/research-and-reports/reports/staying-power- effects-short-term-rentals-californias-tourism-economy-and-housing-affordability Humphreys, Lucy. "Regulating Short-Term Rentals in California's Coastal Cities: Harmonizing Local Ordinances with the California Coastal Act." Loyola of Los Angeles Law Review 52 (2019): 309.
Jin, Ginger Zhe, Liad Wagman, and Mengyi Zhong. "The Effects of Short-term Rental Regulation: Insights from Chicago." November 19, 2023.
SSRN. https://ssrn.com/abstract=4638022 or http://dx.doi.org/10.2139/ssrn.4638022.
Reinhard, D., and J.J. Roth. "Renting Trouble? An Analysis of Crime and Calls to Police at Addresses with Different Rental Types." Crime Science 13, no. 35 (2024). https://doi.org/10.1186/s40163-024-00232-8.
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Safely. "The Best Alternatives to Airbnb and VRBO: The Rise of the Niche Platforms." Safely, February 17, 2025. https://safely.com/articles/the-best-alternatives-to-airbnb-and-vrbo-the-rise- of-the-niche-platforms/.
Thompson, Robert. "Affordable Twenty-Four Hour Coastal Access: Can We Save a Working Stiff's Place in Paradise?" Ocean and Coastal Law Journal 12, no. 1 (2006). https://digitalcommons.mainelaw.maine.edu/oclj/vol12/iss1/5/.
Urevich, Robin. "Is My Short-Term Los Angeles Rental Legal?" ProPublica, September 3, 2024. https://www.propublica.org/article/is-my-short-term-los-angeles-rental-legal.
Wachsmuth, David, and Danielle Kerrigan. "Short-Term Rentals in Los Angeles: 2022 Report." Urban Politics and Governance Research Group, McGill University, 2022. https://upgo.lab.mcgill.ca/publication/strs-in-los-angeles-2022/Wachsmuth_LA_2022.pdf.
ANNOTATED BIBLIOGRAPHY
Airbnb. “Vacation Rentals, Homes, Experiences & Places.” Airbnb.com. Accessed January 6, 2025. https://www.airbnb.com.
Leading booking platform for STRs.
AirDNA. “Short-Term Rental Data & Analytics.” AirDNA.co. Accessed January 6, 2025. https://www.airdna.co.
Platform that tracks the STR market, claiming listings of ten million properties that are then linked to partner data to detect reservations and calculate market performance. Market-level volumes are reported with projections. Subscriptions allow for detailed searching and market reports.
Booking.com. “Booking.com: Hotels, Apartments, Villas, Hostels & More.” Booking.com.
Accessed January 6, 2025. https://www.booking.com.
Leading booking platform includes hotels and STRs.
Deckard. “Deckard Technologies.” Deckard.com. Accessed January 6, 2025. https://www.deckard.com.
Owner of Rentalscape product, a third-party platform working with cities, offering STR detection with address identification, complaint platform (call-center, web reporting), and tax collection.
Granicus. “Host Compliance.” Granicus.com. Accessed January 6, 2025. https://granicus.com/product/host-compliance/.
Third-party platform working with cities offering STR detection, a complaint platform and tax collection. Host Compliance product recently integrated into Granicus.
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Rabbu. “Short-Term Rental Property Management.” Rabbu.com. Accessed January 6, 2025. https://rabbu.com.
One of several investment platforms that does market analysis for STR buyers.
STR. “Hotel Industry Data & Benchmarking.” STR.com. Accessed January 6, 2025. https://www.str.com.
Part of the Costar Group of real estate data companies; tracks data on hospitality markets with a primary focus on hotels, but STR data such as prices and volumes are also tracked.
Vacasa. “Vacation Rentals.” Vacasa.com. Accessed January 6, 2025. https://www.vacasa.com.
Vacation rental management and booking site. Provides services to owners and customers.
VRBO. “Vacation Rentals by Owner.” VRBO.com. Accessed January 6, 2025. https://www.vrbo.com.
Leading booking platform, part of Expedia travel group. Integrated Home Away in 2019.
Zumper. “Apartments for Rent.” Zumper.com. Accessed January 6, 2025. http://zumper.com.
One of many aggregating sites for rentals across platforms. Limits searches to strict city boundaries when searching.
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2024-2025 Responses to Orange County Grand Jury Findings and Recommendations “Long-Term Solutions to Short-Term Rentals”
Exhibit 2
Finding City Position
(1 or 2)*
Response to Finding
F1: Despite the increasing media coverage of Online
Booking Agencies (OBAs), STRs are not a new
phenomenon in Orange County.
1 Although STRs are not a new phenomenon in Orange County, the City of Santa Ana has seen a significant rise of STRs within the last three years, likely attributed to a growth in tourism following the global Covid-19 pandemic and the growth of Online Booking Agencies (OBAs).
F2: The steady growth of STR usage in the last decade
raises concerns of potential public nuisance.
1 The steady growth of STRs in Santa Ana has raised concerns of public nuisance and community disruption. These include:
•Loud music and disruptive gatherings
•Illegal parking of vehicles
•Trash accumulation and lack of waste management
These nuisances have resulted in adverse impacts on residential neighborhoods, challenging the City’s efforts to preserve quality of life and neighborhood integrity.
F3: Even with robust Code Enforcement, a city’s
statutory ban on STRs is not enough to keep STRs
from operating.
2 The City’s Code Enforcement staff has the ability to receive, investigate, and issue the required citations to a property owner in violation of the City’s statutory ban on STRs. However, despite a statutory ban on STRs, enforcement remains a persistent challenge.
Many STRs continue to operate covertly, often changing listings or locations to evade detection.
Santa Ana’s Code Enforcement team remains committed to
addressing violations. The City’s Code Enforcement staff is equipped to:
•Receive and investigate complaints
•Identify violators
•Issue citations to property owners operating illegal STRs While enforcement is ongoing, it is limited by the evolving and decentralized nature of online rental platforms.
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2024-2025 Responses to Orange County Grand Jury Findings and Recommendations “Long-Term Solutions to Short-Term Rentals”
Exhibit 2
Finding City Position
(1 or 2)*
Response to Finding
F12: City leaders have no regular communication with
each other concerning STR issues, limiting
opportunities to develop strategies and expertise to
improve service.
2 Effective STR management requires continuous communication and collaboration. Although previously cited as lacking regular coordination, City staff and the City Attorney’s Office now meet frequently to discuss STR-related issues and develop strategies to improve service and enforcement effectiveness. Continued collaboration with the Santa Ana Police Department for calls for service and enforcement inspections is an essential component of this collaborative climate.
*For the purposes of this Orange County Grand Jury Report, City Position 1 indicates that the respondent agrees with the finding, and City Position 2 indicates that the respondent disagrees wholly or partially with the finding.
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2024-2025 Responses to Orange County Grand Jury Findings and Recommendations “Long-Term Solutions to Short-Term Rentals”
Exhibit 2
Recommendation City Position
(1, 2, 3, or
4)*
Response to Recommendation
R1: Cities should review and begin to update
ordinances to keep up with the rapidly changing
nature of court findings and legislation related to
STRs, by December 31, 2025, and no less frequently
than every three years thereafter.
1 The City of Santa Ana updated its municipal code on December 3, 2024, as it relates to STRs. Moreover, the Planning Division is currently comprehensively updating the City’s zoning code, which will include consistency with the latest state and federal laws, as well as court rulings. Completion of the comprehensive update to the zoning code is expected to occur fall 2025. These updates demonstrate the City’s proactive approach to maintaining a legally sound regulatory framework.
R2: Cities should consider developing a plan for
upcoming major events that are expected to create a
surge in demand for STRs and its associated Transient
Occupancy Tax, by December 31, 2025, and no less
frequently than every two years thereafter.
1 The City’s Planning Division recommends updates to its zoning code for Planning Commission and City Council consideration on a yearly basis to address changes to state and federal law, and any court ruling affecting land use. The City does not permit STRs within its jurisdiction, so there is no need to develop a strategy to address surge in demand. If the policy direction related to STRs changes, the City will develop a robust inter-agency team to create a regulatory framework to permit and tax such a use.
R9: City leaders should have regular discussions with
each other to share STR management strategies on a
biannual basis commencing no later than January 1,
2026.
1 City staff, along with the City Attorney’s Office, will continue to have regular discussions to share STR management strategies. This collaboration also includes input from the Santa Ana Police Department.
*For the purposes of this Orange County Grand Jury Report, City Position 1 indicates the recommendation has been implemented, with a summary regarding the implemented action; City Position 2 indicates the recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation; City Position 3 indicates the recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable (timeframe shall not exceed six months from the date of publication of the grand jury report); and City Position 4 indicates the recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor.
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Planning and Building Agency
www.santa-ana.org/pba
Item # 11
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 5, 2025
TOPIC: Trash, Weeds, Rubbish, Sanitation Abatement, and Board-Up Services
AGENDA TITLE
Agreements with SLS Property Solutions, Inc., Real Estate Consulting & Services, Inc., Quality Sprayers, Inc., and Hunter Consulting, Inc. DBA HCI Environmental & Engineering Services for On-Call Trash, Weed, Rubbish, Sanitation Abatement, and Board-Up Services for the Planning and Building Agency (Specification No. 25-025) (Non-General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute agreements with SLS Property Solutions, Inc., Real Estate Consulting & Services, Inc., Quality Sprayers, Inc., and Hunter Consulting, Inc. DBA HCI Environmental & Engineering Services for citywide on-call trash, weeds, rubbish, sanitation abatement and board up services in an aggregate amount not to exceed $450,000 for a term beginning August 5, 2025 and expiring August 4, 2028, with provisions for two, one-year renewal options (Core Agreement No. A-2025-XXX).
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
The Code Enforcement Division is the primary division within the City of Santa Ana responsible for resolving public nuisances related to abandoned properties, illegal occupancy, vacant land, and unsecured buildings on residential, commercial, and public right-of-way areas, following approval from the Executive Director of the Planning and Building Agency. Beyond these, the Division addresses weed abatement, sanitation, and rubbish removal on occupied properties through legal administrative means. Large- scale abatement efforts may need the use of specialized machinery, including track loaders, truck and semi-end dump trailer combinations, water trucks, high-reach forklifts, stake bed trucks, and backhoes, especially when biohazardous materials are involved.
Unmaintained properties—whether abandoned, substandard, or neglected—attract crime and vandalism, posing a significant threat to the health and safety of the surrounding community. These dangerous structures often become public nuisances, attracting graffiti, vermin, overgrown vegetation, dumping, encampments, and trespassing. Even abandoned swimming pools can become breeding grounds for
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5 2
0 2
insects and a serious drowning risk.
The Code Enforcement Division is responsible for investigating and resolving these hazardous conditions. This includes, but is not limited to, issues such as unsecured or open structures, vacant lots, unfenced parcels, overgrown vegetation, accumulated trash and debris, and unkempt swimming pools. As defined by California Health and Safety Code (Section 17920.3), these conditions create immediate dangers, severe blight, and threaten public life, health, property, and safety.
In addition to the California Health and Safety Code, the Santa Ana Municipal Code (SAMC) designates all dangerous buildings or portions thereof as public nuisances.
These nuisances must be corrected through repair, rehabilitation, demolition, or removal. When City inspections uncover such hazardous conditions, a formal notice is issued to the property owner, requiring them to remedy the issues promptly. If the owner fails to correct the hazardous conditions within the specified timeframe, the City may hire a contractor to perform the necessary abatement. This can include weed and sanitation clean-ups, boarding up structures, and other measures to secure the property. All costs associated with the abatement, along with administrative fees authorized by Santa Ana Municipal Code Chapter 17, are then billed to the property owner.
Cost Recovery and Legal Action
The City actively pursues reimbursement of all resulting abatement costs from the property owner. If these costs are not repaid in a timely manner, they are referred to the Orange County Tax Assessor to be recorded as a lien on the property. Furthermore, the City Attorney's Office may initiate criminal action against the property owner.
Consultant Selection
In some cases, the Code Enforcement Division hires qualified, experienced consultants for specific projects. Being on the City’s pre-approved list does not guarantee work.
Firms are selected based on their ability to perform the required work within specific timeframes and budget constraints. This streamlined approval process allows the City to quickly engage expert assistance, respond effectively to fluctuating demands, and ultimately provide better service to the City of Santa Ana.
Request for Proposals (RFP) No. 25-085 was issued on June 3, 2025 on the City’s online bid management and publication system. A summary of vendor participation and results is as follows:
1 Santa Ana vendor notified
22 Vendors downloaded the RFP packet
6 Proposals received
1 Proposal received from Santa Ana vendor
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Proposals were solicited, opened on June 17, 2025, and evaluated. Six proposals were submitted by the RFP deadline and four (4) were determined to be responsive to the specifications and met the City’s requirements. An evaluation committee reviewed and rated the proposals according to the criteria listed in the RFP. The proposal submitted by the vendor from Santa Ana was disqualified because it was incomplete and was not responsive to the RFP’s pricing requirements.
Staff recommends awarding the four (4) agreements with: SLS Property Solutions, Inc.; Real Estate Consulting & Services, Inc.; Quality Sprayers, Inc.; and Hunter Consulting, Inc. DBA HCI Environmental & Engineering Services, which provided complete and qualifying responses to the City’s RFP (Exhibits 1-4).
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funding will be available in current FY 25-26 budget and funding for subsequent fiscal years will be included in the proposed budgets for the city Council Consideration. As noted in the Cost Recovery and Legal Action section, these costs are expected to be reimbursed by the property owner. Reimbursements will be deposited into Account 12116002-53507 (Planning’s Special Repair / Demolition – Emergency Repair Assessment).
Fiscal Year Accounting Unit-
Account #
Fund Description Accounting Unit, Account
Description
Amount
FY 25-26
August - June
12116540-62300 Non-General Fund Planning & Building,
Community Preservation,
Contract Services -
Professional
$100,000
FY 26-27 12116540-62300 Non-General Fund Planning & Building, Community Preservation,
Contract Services -
Professional
$100,000
FY 27-28 12116540-62300 Non-General Fund Planning & Building, Community Preservation,
Contract Services -
Professional
$100,000
FY 28-29 12116540-62300 Non-General Fund Planning & Building, Community Preservation,
Contract Services -
Professional
$75,000
FY 29-30 12116540-62300 Non-General Fund Planning & Building, Community Preservation,
Contract Services -
Professional
$70,000
FY 30-31
July - August
12116540-62300 Non-General Fund Planning & Building,
Community Preservation,
$5,000
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Fiscal Year Accounting Unit-
Account #
Fund Description Accounting Unit, Account
Description
Amount
Contract Services -
Professional
Grand Total $450,000
EXHIBIT(S)
1. Agreement - SLS Property Solutions, Inc.
2. Agreement - Real Estate Consulting & Services, Inc
3. Agreement - Quality Sprayers, Inc.
4. Agreement - Hunter Consulting, Inc. DBA HCI Environmental & Engineering Services Submitted By: Ali Pezeshkpour, AICP, Executive Director of Planning and Building Agency
Approved By: Alvaro Nuñez, City Manager
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AGREEMENT WITH SLS PROPERTY SOLUTIONS, INC. TO PROVIDE
ON-CALL TRASH, WEEDS, RUBBISH, SANITATION ABATEMENT,
AND PROPERTY BOARD-UP SERVICES
THIS AGREEMENT is made and entered into on this 5 th day of August, 2025 by and between SLS Property Solutions, Inc., a California corporation (“Contractor”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).
RECITALS
A. On June 3, 2025, City issued Request for Proposal (“RFP”) No. 25-085 by which it sought qualified Contractors to provide on -call services for weeds, trash, rubbish, sanitation abatement, and property board-up services.
B. Contractor submitted a responsive proposal that was among those selected by the City.
Contractor represents that it is able and w illing to provide the services described in the scope of work that was included in RFP No. 25 -085 and attached as Exhibit A .
Contractor’s proposal shall be incorporated by reference as though fully attached here to this Agreement.
C. Contractor was selected as one of four (4) vendors which qualified for this engagement.
Only those Contractors approved by the City Council on August 5, 2025 shall be eligible to be engaged by the City for these services.
D. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
On an on-call basis, and at the City’s sole discretion, Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference.
2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B.
Contractor is one of four (4) Contractors selected under RFP 25 -085. The total compensation for these services provided by all such Contractors selected under RFP EXHIBIT 1
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25-085 shall not exceed the shared aggregate amount of Four Hundred and Fifty Thousand Dollars ($450,000) during the term of the Agreement, including any extension periods.
b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Contractor agrees to execute the City’s standard ACH Vendor P ayment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor’s account(s) with financial institutions.
Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above for a three (3) year term with the option for the City to grant up to two (2), one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earli er in accordance with Section 15, below.
4. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an independent Contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationsh ip, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non -exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other doc uments or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement (“Documents & Data”). Contractor shall require all subcontractors to agree in writing that City is granted a non -exclusive and perpetual license for any Documents & Data the sub contractor prepares under this Agreement.
Contractor represents an d warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in
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any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
6. INSURANCE
Insurance requirements are attached hereto as Insurance Requirements - Exhibit C
7. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, whic h may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement.
9. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from th e date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other d ocuments created
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pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement.
10. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or d isclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidi ary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City.
11. CONFLICT OF INTEREST CLAUSE
a. Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City’s Municipal Code, whose position with the City shall award or influence the aw ard of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Contractor or have any other direct or indirect financial benefit or interest in this Agreement.
c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full -time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution
d. The Contractor must comply with all c onflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement.
The Contractor warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Contractor hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description
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of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement.
e. Contractor covenants that none of its directors, officers, empl oyees, or agents shall participate in selecting or administrating any subcontract supported (in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b) and (c) above.
12. NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City.
15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of
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termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the C ity unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Bot h parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
18. PROFESSIONAL LICENSES
Contractor 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 Californ ia, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
19. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:
To City:
City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
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P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Executive Director, Planning and Building Agency
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
To Contractor:
Sarah L Strader, President
SLS Property Solutions, Inc.
875 Iron Horse Dr., A-271
Park City, UT, 84060
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 e ffective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.
20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
[signature page to follow]
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IN WITNESS WHEREOF, tbe paities liereto iiave executed tliis,%reeincnt tlie date and year first above written.
ATTEST: (ITY OF SANT,'l ANA
Jcnnifcr L. Hall
City Clerk
APPRO1'ED AS TO FORM
SONI A R. CARV ALHO
Melissii M Crostliwaite
Senior Assistant City /ittoriiey
RECOMMENDED FOR APPROV AL:
Alvaro Nui'icz
City Manager
CONTRACTOR:
Ali Pezeslikpour
Executive Director
Pianning cu'id Building Agency
.!'2073677vl
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EXHIBIT A
SCOPE OF SERVICES
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CITY OF SANTA ANA
Board Up Procedures:
The USFA
National Arson Prevention Initiative Board Up Procedures is incorporated herein by reference and are hereby accepted as Reference Specifications. These Reference Specifications are intended to govern certain construction materials, methods, and details with some additional modification herein.
A. Security Measures
1)
All openings in the basement, crawl spaces, garages, first floor doors and windows, and any point of entry accessible from a porch, fire escape or other potential climbing point shall be barr
icaded with plywood, 2x4 braces, carriage bolt sets, specialized head/drive screws, and nails, unless stated otherwise.
NOTE:
General contractor screws, particleboard, wafer board, Ma sonite, or other similar material shall NOT be use
d for purposes of boarding-up a building.
2)
Garage Doors and Openings at least 10' from ground level which are not accessible from a porch, fire escape, roof, or other climbing poi nt can be secured with nails every 12" around the p
erimeter. For all openings, the plywood should be fitted so that it rests snugly against the
exterior frame, butting up to the siding on wood frame buildings and up to the brick moldin
g edge on brick buildings. It may be necessary to remove the staff bead so this fit can be flush and tight.
3)
The structure shall be posted with a NO TR ESPASSING sign at the completion of the board-up.
4)
The Commercial property with full windows or glass facades shall be blacked out and adhesive shall be used to attach the plywood to the glass from the interior to prevent shattering. Plywood shall be secured to the window/glass framing. 5)
ONLY Interior Boarding shall require blackout of windows and be secured with plywood and 2x4 braces fasten to the wall with deck nails and specialized star-drive head screws.
B. Materials
1) Plywood, 1/2" (4 ply) exterior grade CDX
2)
Braces - 2" by 4" by 8' (or longer) construction grade lumber 3)
3/8" (coarse thread) by 12" (or longer) carriage bolts (rounded head on weather side) 4)
3/8" (coarse thread) construction grade nuts
EXHIBIT A
SCOPE OF SERVICES
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5) 1/2" (USS Standard) Flat washers with an inside diameter large enough to bypass the wrench neck inside the carriage bolt head so no lift edge is available beneath an installed carriage bolt head.
6) 3/8" (USS Standard) diameter flat washers for installation beneath the nut inside the building 7) Combination of 2”-3” deck nails and 2”-3” Star-drive screws; T-20, T-25, etc.
C. Barrier Assembly
1) Plywood shall be cut to fit over the window and door openings, flush with outside of the molding/trimmer stud. Application of barriers shall be completed so that all lift or pry points are avoided. Plywood board shall be solid sheets without seams or joints. 2) The 2x4 braces shall be cut to fit the horizontal dimension of the plywood. Two exterior and two interior 2x4 braces shall be provided for each window and three sets for each door.
3) Window Assembly – Braces are located hor izontally approximately 1/3 of the distance from the top and the bottom of the window. Bolt holes are located 1/3 of the length of the brace from the outside edge of the window jams. Prior to installation, the assembly should be pre-assembled and 3/8” holes drilled through all of the components. 4) Door Assembly – Door braces will be placed horizontally; one in the center of the doorway and one 1/2 the distance from the center to the top and one 1/2 distance from the center to the bottom of the doorway. Bolt holes are located 1/3 of the length of the brace from the outside edge of the doorframe. Prior to installation, the assembly should be pre- assembled and 3/8” holes drilled through all of the components. 5) Plywood used to cover exterior openings shall be nailed every 12" along the perimeter of the frame of the window, door, or opening.
6) The 2x4 braces on the interior and exterior of the assemblies shall be secured using 3/8” by 12” carriage bolt assemblies. Bolts shall be inserted through the predrilled holes from the exterior with a 1/2” washer place against the exterior brace, a 3/8” washer is placed against the interior brace. The bolt is tightened from the inside so that it slightly compresses the interior brace. The 2x4 Bottom Brace shall be cut to width of door trim and drilled to the floor to prevent opening.
7) Garage Door – the opening shall be covered with plywood and secured with a minimum of 3- inch-long deck or wood screws installed on 6-inch centers around the circumference of the opening. An interior or exterior 2x4 Bottom Brace is required to prevent it from opening and drilled to the floor with masonry screws (or as appropriate).
NOTE: These specifications are subject to change upon case-by-case scenario. Any changes or recommendations shall be discussed during the walk-through of the property prior to a proposal, quote and or notice to proceed.
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D. Window Boarding Specification
NOTES:
1) FOR DOUBLE HUNG WINDOWS, SLIDE SASH TO CENTER OF UNIT AND PASS BOLTS THROUGH OPENINGS AT TOP AND BOTTOM.
2) STORM WINDOWS SHOULD BE REMOVED AND STORED INSIDE STRUCTURE. 3) OUTSIDE TRIM MAY HAVE TO BE REMOVED TO ACCOMMODATE A FLUSH AND TIGHT FIT.
4) TIGHTEN NUTS FROM INSIDE ENOUGH TO SLIGHTLY COMPRESS 2X4 BRACE. 5) BRACE LOCATIONS: A = 1/3 B (SEE DIMENSION LOCATIONS ON DRAWING) NOTE:
WINDOWS 3 FEET IN HEIGHT OR SHORTER ONLY REQUIRE ONE BRACE. 6) LOCATION OF BOLT HOLES: C = 1/3D (SEE DIMENSION LOCATIONS ON
DRAWING)
7) THE PLYWOOD BOARD SHOULD BE SECURED WITH SCREWS EVERY 12" ALONG
THE PERIMETER OF THE FRAME OF THE WINDOW, DOOR, OR OPENING, AND WITH DECK NAILS AT EVERY 6” MARK WHERE SCREW IS NOT PLACED.
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E. Door Boarding Specifications
NOTES:
1) IRON DOORS OR FRAMES MAY BE REMOVED AND STORED INSIDE BUILDING IF NECESSARY.
2) USE 3/8" X 12" CARRIAGE BOLTS - ROUNDED HEAD ON OUTSIDE OF BUILDING.
LONGER BOLTS MAY BE NECESSARY.
3) TIGHTEN NUTS FROM INSIDE ENOUGH TO SLIGHTLY COMPRESS 2X4 BRACE. 4) IF PLYWOOD CAN NOT BE BUTTED AGAINST BAND MOLDING, CUT TO COVER OUTSIDE EDGE OF DOOR FRAME.
5) BOLT HOLES ARE LOCATED AS THEY ARE FOR WINDOWS (SEE WINDOW
DETAIL)
6) CENTER BRACE LOCATED IN CENTER OF DOORWAY OPENING. TOP AND BOTTOM BRACES ARE POSITIONED WHERE A = 1/2B (SEE DIMENSION
LOCATIONS ON DRAWING)
7) USE 2X4 BOTTOM BRACE - CUT TO WIDTH OF DOOR TRIM. DRILL TO THE FLOOR TO PREVENT OPENING. INTERIOR AND EXTERIOR BOTTOM BRACES WITH MASONRY SCREWS ARE MANDATORY WHEN BOARDING GARAGE DOORS.
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F. Brace and Carriage Bolt Specification
NOTES:
1) USE 2" BY 4" BY 8' (OR LONGER) CO NSTRUCTION GRADE LUMBER FOR BRACES. 2) USE 3/8" X 12" CARRIAGE BOLTS - ROUNDED HEAD ON OUTSIDE OF BUILDING 3) TIGHTEN NUTS FROM INSIDE ENOUGH TO SLIGHTLY COMPRESS WASHER INTO 2X4 BRACE.
4) USE 1/2" WASHER ON WEATHER SIDE TO ACCOMMODATE THE WRENCH NECK OF BOLT AND ELIMINATE PRY POINTS.
G. Window Assembly
MATERIALS REQUIRED PER WINDOW
1 - 1/2" CDX PLYWOOD SHEET-CUT TO DIMENSIONS OF WINDOW FRAME (WEATHER SIDE) 4 - 2X4 BRACES - CUT TO WIDTH OF PLYWOOD
4 - CARRIAGE BOLT ASSEMBLIES
NUMBER OF WINDOWS TO BE SECURED (NW):
NUMBER OF WINDOWS BRACES REQUIRED: (NW X 4)
CARRIAGE BOLT ASSEMBLIES REQUIRED (BW): (NW X 4)
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H. Door Assembly
MATERIALS REQUIRED PER DOOR
1 - 1/2" CDX PLYWOOD SHEET - CUT TO DIMENSIONS OF DOOR FRAME (WEATHER SIDE) 1 - 1/2" CDX PLYWOOD SHEET - CUT TO OUTSIDE DIMENSIONS OF DOOR FRAME TRIM (INSIDE)
6 – 2X4 BRACES - 3 CUT TO WIDTH OF OUTSIDE PLYWOOD
- 3 CUT TO WIDTH OF INSIDE PLYWOOD
1 - 2X4 BOTTOM BRACE - CUT TO WIDTH OF DOOR TRIM DRILLED TO FLOOR (INSIDE) 6 - CARRIAGE BOLT ASSEMBLIES
NUMBER OF DOORS TO BE SECURED (ND):
NUMBER OF DOOR BRACES REQUIRED: (ND X 6)
NUMBER OF BOTTOM BRACES REQUIRED: (ND)
CARRIAGE BOLT ASSEMBLIES REQUIRED (BD): (ND X 6)
I. Carriage Bolt Assembly
MATERIALS REQUIRED PER CARRIAGE BOLT ASSEMBLY
1 - 3/8" X 12' (OR LONGER IF NECESSARY) CARRIAGE BOLT - COURSE THREAD 1 - 1/2" USS STANDARD FLAT WASHER (WEATHER SIDE)
1 - 3/8" USS STANDARD FLAT WASHER (INSIDE)
1 - 3/8" CONSTRUCTION GRADE NUT - COURSE THREAD
TOTAL CARRIAGE BOLT ASSEMBLIES REQUIRED FOR WINDOWS AND DOORS:
(BW + BD) _________________
J. Removal of Trash and Debris
1) The Contractor shall be responsible for the removal and proper disposal of all trash, debris, and waste materials generated during the demolition of any structure under this Agreement. This includes, but is not limited to, construction materials, rubble, hazardous waste, and any other by- products of the demolition process.
2) All trash and trash and debris must be removed from the site within seven (7) days following the completion of demolition activities. The Contractor shall ensure the site is left in a clean and orderly condition, free of any remaining debris.
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3) Contractor shall comply with all applicable federal, state, and local laws, regulations, and ordinances related to the handling, transportation, and disposal of demolition debris, including obtaining any required permits and approvals.
4) The removal of trash and debris shall be subject to inspection and approval by the Director of the Santa Ana Planning and Building Agency, or their designee. The Contractor shall promptly address any deficiencies identified during such inspection.
K. Fee Proposal
Contractor shall submit a fee proposal as described below. This fee proposal shall be based on ON- CALL DEMOLITION SERVICES for the sample project site described below. The proposal will be used for fee comparison and evaluation purposes. Furthermore , this fee proposal will become part of Exhibit B of the Contract Agreement and will be used to compare with an actual task order quote requested by the City.
Fee proposal shall include:
1. Description of work (summarized scope of services)
2. All costs, fees and other anticipated expenses, and total cost of the services (per spreadsheet below)
3. Schedule (from date of receiving a Notice to Proceed to task order completion)
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EXHIBIT B
COMPENSATION
Fee Proposal including hourly rates if applicable
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EXHIBIT C
INSURANCE REQUIREMENTS
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Exhibit C – Insurance Requirements
Contractor shall procure and maintain for the duration of the contract, and for 5 years thereafter , insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees, and sub-contractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL). Insurance Services Office (ISO) Form CG 0001 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 in the aggregate. Umbrella and excess insurance policies can be used to meet the required limits.
2. Automobile Liability (AL). Insurance Services Office F orm CA 0001 covering Code 1(any auto), with combined single limit no less than $2,000,000.
3. Workers’ Compensation (WC). As required by the State of California, with statutory limits, and Employers’ Liability insurance with a limit of no less than$1,000,000 per accident , policy, employee for bodily injury or disease.
4. Pollution Legal Liability (PLL). With limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
5. Professional Liability Insurance (Errors & Omissions). With limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate.
These insurance requirements shall not in any way act to reduce coverage that is broader or includes higher limits than the minimums shown above. If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Insurance provided under this contract shall not contain any restrictions or limitations which are inconsistent with City’s rights under this contract.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers are to be covered as additional insureds on Contractor’s CGL and AL policies with respect to liability arising out of work operations performed by or on behalf of Contractor including materials, parts, and equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of Contractor. Additional insured status can be provided in the form of an endorsement to Contractor’s insurance.
2. For any claims related to this project, Contractor’s insurance coverage shall be primary insurance coverage as respects City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by City of Santa Ana, its City Council, officers, officials, employees, agents, or volunteers shall not contribute with it.
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Exhibit C – Insurance Requirements
3. A severability of interest provision must apply for all the additional insureds, ensuring that Contractor’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability.
4. Contractor hereby grants to City a waiver of subrogation which any insurer of said Contractor may acquire against City of Santa Ana, its City Council, officers, officials, employees, agents and volunteers” by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement(s) that may be necessary to affect this waiver of subrogation, but th is provision applies regardless of whether or not City has received a waiver of subrogation endorsement from any insurer(s).
5. Each insurance policy required by this clause shall provide that coverage shall not be canceled, suspended, voided, reduced in scope or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City and ten (10) days prior written notice of policy cancellation or non-renewal due to non-payment.
6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Planning and Building Agency, 20 Civic Center Plaza, M-21, Santa Ana, CA 92701 .
The name and location of the project must be indicated in the Description of Operations section of each certificate.
Claims Made Policies
If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown, and this date must be before the execution date of the contract.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of work.
3. If coverage is cancelled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of work.
4. A copy of the claims reporting requirements must be submitted to City.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to CITY.
Waiver of Subrogation
Contractor hereby agrees to waive rig hts of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’
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Exhibit C – Insurance Requirements
Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Contractor, its employees, agents and sub-contractors.
Verification of Coverage
Contractor shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause). A statement on a Certificate(s)/Evidence of Insurance will not be accepted in lieu of the actual endorsements required herein. Failure to obtain the required documents prior to the work beginning shall not waive Contractor’s obligation to provide them. City reserves the right to require
complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.
Sub-Contractors
Contractor shall require and verify that all sub-contractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from sub-contractors. For CGL coverage, sub-contractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Failure to Maintain Insurance Coverage
If Contractor, for any reason, fails to maintain insurance coverage which is required pursuant to this contract, the same shall be deemed a material breach of contract. City, at its sole option, may terminate this contract at any time and obtain damages from Contractor resulting from said breach.
Special Risks or Circumstances
City reserves the right to modify these requireme nts, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.
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AGREEMENT WITH REAL ESTATE CONSULTING & SERVICES, INC.
TO PROVIDE ON-CALL TRASH, WEEDS, RUBBISH, SANITATION ABATEMENT,
AND PROPERTY BOARD-UP SERVICES
THIS AGREEMENT is made and entered into on this 5th day of August, 2025 by and between Real Estate Consulting & Services, Inc ., a California corporation (“Contractor”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).
RECITALS
A. On June 3, 2025, City issued Request for Proposal (“RFP”) No. 25-085 by which it sought qualified Contractors to provide on -call services for weeds, trash, rubbish, sanitation abatement, and property board-up services.
B. Contractor submitted a responsive proposal that was among those selected by the City.
Contractor represents that it is able and w illing to provide the services described in the scope of work that was included in RFP No. 25 -085 and attached as Exhibit A .
Contractor’s proposal shall be incorporated by reference as though fully attached here to this Agreement.
C. Contractor was selected as one of four (4) vendors which qualified for this engagement.
Only those Contractors approved by the City Council on August 5, 2025 shall be eligible to be engaged by the City for these services.
D. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
On an on-call basis, and at the City’s sole discretion, Contractor 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 Exhibit A, attached hereto and incorporated by reference.
2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the ra tes and charges identified in Exhibit B.
Contractor is one of four (4) Contractors selected under RFP 25 -085. The total compensation for these services provided by all such Contractors selected under RFP EXHIBIT 2
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25-085 shall not exceed the shared aggregate amount of Four Hundred and Fifty Thousand Dollars ($450,000) during the term of the Agreement, including any extension periods.
b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Contractor agrees to execute the City’s standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor’s account(s) with financial institutions.
Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall commenc e on the date first written above for a three (3) year term with the option for the City to grant up to two (2), one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earli er in accordance with Section 15, below.
4. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an independent Contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in whi ch Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non -exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement (“Documents & Data”). Contractor shall require all sub contractors to agree in writing that City is granted a non -exclusive and perpetual license for any Documents & Data the sub contractor prepares under this Agreement.
Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in
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any way in its use of the Documents and D ata at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
6. INSURANCE
Insurance requirements are attached hereto as Insurance Requirements - Exhibit C
7. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, Contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent r equired by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement.
9. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accu rate 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 Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created
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pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement.
10. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information ex cept 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 oth er party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City.
11. CONFLICT OF INTEREST CLAUSE
a. Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City’s Municipal Code, whose position with the City shall award or influence the aw ard of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Contractor or have any other direct or indirect financial benefit or interest in this Agreement.
c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full -time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution
d. The Contractor must comply with all c onflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement.
The Contractor warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Contractor hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description
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of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement.
e. Contractor covenants that none of its directors, officers, empl oyees, or agents shall participate in selecting or administrating any subcontract supported (in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b) and (c) above.
12. NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City.
15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of
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termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the C ity unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Bot h parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
18. PROFESSIONAL LICENSES
Contractor 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 Californ ia, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
19. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:
To City:
City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
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P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Executive Director, Planning and Building Agency
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
To Contractor:
Jeffery Coss, President
Real Estate Consulting & Services, Inc.
18345 Pasadena Street
Lake Elsinore, CA, 92530
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 ef fective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.
20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
[signature page to follow]
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IN WITNESS WHEREOF, the parties hereto liave executed this Agreement the date and year first above written.
ATTEST: CITY OF SANTA ANA
Jennifer L. Hall
City Clerk
APPROVED AS TO FORM:
SONI A R. CARV ALHO
Melissa M Crosthwaite
Senior ASsistant City Attoti'iey
RECOMMENDED FOR APPROV AL:
Alvaro Nufiez
City Manager
CONTRACTOR:
Jeffery Coss
President
Ali Pezeshkpour
Executive Director
Planning ai'id Buildirig Agency
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EXHIBIT A
SCOPE OF SERVICES
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CITY OF SANTA ANA
Board Up Procedures:
The USFA
National Arson Prevention Initiative Board Up Procedures is incorporated herein by reference and are hereby accepted as Reference Specifications. These Reference Specifications are intended to govern certain construction materials, methods, and details with some additional modification herein.
A. Security Measures
1)
All openings in the basement, crawl spaces, garages, first floor doors and windows, and any point of entry accessible from a porch, fire escape or other potential climbing point shall be barr
icaded with plywood, 2x4 braces, carriage bolt sets, specialized head/drive screws, and nails, unless stated otherwise.
NOTE:
General contractor screws, particleboard, wafer board, Ma sonite, or other similar material shall NOT be use
d for purposes of boarding-up a building.
2)
Garage Doors and Openings at least 10' from ground level which are not accessible from a porch, fire escape, roof, or other climbing poi nt can be secured with nails every 12" around the p
erimeter. For all openings, the plywood should be fitted so that it rests snugly against the
exterior frame, butting up to the siding on wood frame buildings and up to the brick moldin
g edge on brick buildings. It may be necessary to remove the staff bead so this fit can be flush and tight.
3)
The structure shall be posted with a NO TR ESPASSING sign at the completion of the board-up.
4)
The Commercial property with full windows or glass facades shall be blacked out and adhesive shall be used to attach the plywood to the glass from the interior to prevent shattering. Plywood shall be secured to the window/glass framing. 5)
ONLY Interior Boarding shall require blackout of windows and be secured with plywood and 2x4 braces fasten to the wall with deck nails and specialized star-drive head screws.
B. Materials
1) Plywood, 1/2" (4 ply) exterior grade CDX
2)
Braces - 2" by 4" by 8' (or longer) construction grade lumber 3)
3/8" (coarse thread) by 12" (or longer) carriage bolts (rounded head on weather side) 4)
3/8" (coarse thread) construction grade nuts
EXHIBIT A
SCOPE OF SERVICES
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5) 1/2" (USS Standard) Flat washers with an inside diameter large enough to bypass the wrench neck inside the carriage bolt head so no lift edge is available beneath an installed carriage bolt head.
6) 3/8" (USS Standard) diameter flat washers for installation beneath the nut inside the building 7) Combination of 2”-3” deck nails and 2”-3” Star-drive screws; T-20, T-25, etc.
C. Barrier Assembly
1) Plywood shall be cut to fit over the window and door openings, flush with outside of the molding/trimmer stud. Application of barriers shall be completed so that all lift or pry points are avoided. Plywood board shall be solid sheets without seams or joints. 2) The 2x4 braces shall be cut to fit the horizontal dimension of the plywood. Two exterior and two interior 2x4 braces shall be provided for each window and three sets for each door.
3) Window Assembly – Braces are located hor izontally approximately 1/3 of the distance from the top and the bottom of the window. Bolt holes are located 1/3 of the length of the brace from the outside edge of the window jams. Prior to installation, the assembly should be pre-assembled and 3/8” holes drilled through all of the components. 4) Door Assembly – Door braces will be placed horizontally; one in the center of the doorway and one 1/2 the distance from the center to the top and one 1/2 distance from the center to the bottom of the doorway. Bolt holes are located 1/3 of the length of the brace from the outside edge of the doorframe. Prior to installation, the assembly should be pre- assembled and 3/8” holes drilled through all of the components. 5) Plywood used to cover exterior openings shall be nailed every 12" along the perimeter of the frame of the window, door, or opening.
6) The 2x4 braces on the interior and exterior of the assemblies shall be secured using 3/8” by 12” carriage bolt assemblies. Bolts shall be inserted through the predrilled holes from the exterior with a 1/2” washer place against the exterior brace, a 3/8” washer is placed against the interior brace. The bolt is tightened from the inside so that it slightly compresses the interior brace. The 2x4 Bottom Brace shall be cut to width of door trim and drilled to the floor to prevent opening.
7) Garage Door – the opening shall be covered with plywood and secured with a minimum of 3- inch-long deck or wood screws installed on 6-inch centers around the circumference of the opening. An interior or exterior 2x4 Bottom Brace is required to prevent it from opening and drilled to the floor with masonry screws (or as appropriate).
NOTE: These specifications are subject to change upon case-by-case scenario. Any changes or recommendations shall be discussed during the walk-through of the property prior to a proposal, quote and or notice to proceed.
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D. Window Boarding Specification
NOTES:
1) FOR DOUBLE HUNG WINDOWS, SLIDE SASH TO CENTER OF UNIT AND PASS BOLTS THROUGH OPENINGS AT TOP AND BOTTOM.
2) STORM WINDOWS SHOULD BE REMOVED AND STORED INSIDE STRUCTURE. 3) OUTSIDE TRIM MAY HAVE TO BE REMOVED TO ACCOMMODATE A FLUSH AND TIGHT FIT.
4) TIGHTEN NUTS FROM INSIDE ENOUGH TO SLIGHTLY COMPRESS 2X4 BRACE. 5) BRACE LOCATIONS: A = 1/3 B (SEE DIMENSION LOCATIONS ON DRAWING) NOTE:
WINDOWS 3 FEET IN HEIGHT OR SHORTER ONLY REQUIRE ONE BRACE. 6) LOCATION OF BOLT HOLES: C = 1/3D (SEE DIMENSION LOCATIONS ON
DRAWING)
7) THE PLYWOOD BOARD SHOULD BE SECURED WITH SCREWS EVERY 12" ALONG
THE PERIMETER OF THE FRAME OF THE WINDOW, DOOR, OR OPENING, AND WITH DECK NAILS AT EVERY 6” MARK WHERE SCREW IS NOT PLACED.
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E. Door Boarding Specifications
NOTES:
1) IRON DOORS OR FRAMES MAY BE REMOVED AND STORED INSIDE BUILDING IF NECESSARY.
2) USE 3/8" X 12" CARRIAGE BOLTS - ROUNDED HEAD ON OUTSIDE OF BUILDING.
LONGER BOLTS MAY BE NECESSARY.
3) TIGHTEN NUTS FROM INSIDE ENOUGH TO SLIGHTLY COMPRESS 2X4 BRACE. 4) IF PLYWOOD CAN NOT BE BUTTED AGAINST BAND MOLDING, CUT TO COVER OUTSIDE EDGE OF DOOR FRAME.
5) BOLT HOLES ARE LOCATED AS THEY ARE FOR WINDOWS (SEE WINDOW
DETAIL)
6) CENTER BRACE LOCATED IN CENTER OF DOORWAY OPENING. TOP AND BOTTOM BRACES ARE POSITIONED WHERE A = 1/2B (SEE DIMENSION
LOCATIONS ON DRAWING)
7) USE 2X4 BOTTOM BRACE - CUT TO WIDTH OF DOOR TRIM. DRILL TO THE FLOOR TO PREVENT OPENING. INTERIOR AND EXTERIOR BOTTOM BRACES WITH MASONRY SCREWS ARE MANDATORY WHEN BOARDING GARAGE DOORS.
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F. Brace and Carriage Bolt Specification
NOTES:
1) USE 2" BY 4" BY 8' (OR LONGER) CO NSTRUCTION GRADE LUMBER FOR BRACES. 2) USE 3/8" X 12" CARRIAGE BOLTS - ROUNDED HEAD ON OUTSIDE OF BUILDING 3) TIGHTEN NUTS FROM INSIDE ENOUGH TO SLIGHTLY COMPRESS WASHER INTO 2X4 BRACE.
4) USE 1/2" WASHER ON WEATHER SIDE TO ACCOMMODATE THE WRENCH NECK OF BOLT AND ELIMINATE PRY POINTS.
G. Window Assembly
MATERIALS REQUIRED PER WINDOW
1 - 1/2" CDX PLYWOOD SHEET-CUT TO DIMENSIONS OF WINDOW FRAME (WEATHER SIDE) 4 - 2X4 BRACES - CUT TO WIDTH OF PLYWOOD
4 - CARRIAGE BOLT ASSEMBLIES
NUMBER OF WINDOWS TO BE SECURED (NW):
NUMBER OF WINDOWS BRACES REQUIRED: (NW X 4)
CARRIAGE BOLT ASSEMBLIES REQUIRED (BW): (NW X 4)
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H. Door Assembly
MATERIALS REQUIRED PER DOOR
1 - 1/2" CDX PLYWOOD SHEET - CUT TO DIMENSIONS OF DOOR FRAME (WEATHER SIDE) 1 - 1/2" CDX PLYWOOD SHEET - CUT TO OUTSIDE DIMENSIONS OF DOOR FRAME TRIM (INSIDE)
6 – 2X4 BRACES - 3 CUT TO WIDTH OF OUTSIDE PLYWOOD
- 3 CUT TO WIDTH OF INSIDE PLYWOOD
1 - 2X4 BOTTOM BRACE - CUT TO WIDTH OF DOOR TRIM DRILLED TO FLOOR (INSIDE) 6 - CARRIAGE BOLT ASSEMBLIES
NUMBER OF DOORS TO BE SECURED (ND):
NUMBER OF DOOR BRACES REQUIRED: (ND X 6)
NUMBER OF BOTTOM BRACES REQUIRED: (ND)
CARRIAGE BOLT ASSEMBLIES REQUIRED (BD): (ND X 6)
I. Carriage Bolt Assembly
MATERIALS REQUIRED PER CARRIAGE BOLT ASSEMBLY
1 - 3/8" X 12' (OR LONGER IF NECESSARY) CARRIAGE BOLT - COURSE THREAD 1 - 1/2" USS STANDARD FLAT WASHER (WEATHER SIDE)
1 - 3/8" USS STANDARD FLAT WASHER (INSIDE)
1 - 3/8" CONSTRUCTION GRADE NUT - COURSE THREAD
TOTAL CARRIAGE BOLT ASSEMBLIES REQUIRED FOR WINDOWS AND DOORS:
(BW + BD) _________________
J. Removal of Trash and Debris
1) The Contractor shall be responsible for the removal and proper disposal of all trash, debris, and waste materials generated during the demolition of any structure under this Agreement. This includes, but is not limited to, construction materials, rubble, hazardous waste, and any other by- products of the demolition process.
2) All trash and trash and debris must be removed from the site within seven (7) days following the completion of demolition activities. The Contractor shall ensure the site is left in a clean and orderly condition, free of any remaining debris.
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3) Contractor shall comply with all applicable federal, state, and local laws, regulations, and ordinances related to the handling, transportation, and disposal of demolition debris, including obtaining any required permits and approvals.
4) The removal of trash and debris shall be subject to inspection and approval by the Director of the Santa Ana Planning and Building Agency, or their designee. The Contractor shall promptly address any deficiencies identified during such inspection.
K. Fee Proposal
Contractor shall submit a fee proposal as described below. This fee proposal shall be based on ON- CALL DEMOLITION SERVICES for the sample project site described below. The proposal will be used for fee comparison and evaluation purposes. Furthermore , this fee proposal will become part of Exhibit B of the Contract Agreement and will be used to compare with an actual task order quote requested by the City.
Fee proposal shall include:
1. Description of work (summarized scope of services)
2. All costs, fees and other anticipated expenses, and total cost of the services (per spreadsheet below)
3. Schedule (from date of receiving a Notice to Proceed to task order completion)
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EXHIBIT B
COMPENSATION
Fee Proposal including hourly rates if applicable
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18345 Pasadena Street, Lake Elsinore, CA 92530
Ph: 714-571-0175 Fax: 714-558-0404
www.consultnserve.com
SECTION 1
COST PROPOSAL
RATE AND SERVICE STRUCTURE- Fee Structure (Flat rate and hourly rate) for the following services:
1. Board-up cost of 1st standard window/ (1) each additional window thereafter $175 1st window, $125 each additional
2. Board up cost of 1st single door opening /(1) each additional door thereafter $175 1st window, $125 each additional
3. Board up cost of a garage $450
4. Bolt, screw door, garages and windows $25
5. Chain and lock fee $50
6. Weed abatement service: includes mow, hand weed abatement, blow off sidewalks, edging and handwork of perimeter, disposal etc., (primarily neglected residential, commercial property) per hour rate $60/hr
7. Small scale- Debris removal service; cost per ton. Includes clean-up debris by hand, disposal (no heavy equipment) $250/ton
8. Large Scale - Debris removal service cost, unpermitted encampments. Cost of heavy equipment that include but may not be limited to Track Loaders, Truck and semi-end dump trailer combinations, Water trucks, High Reach fork-lifts, Stake bed trucks, backhoes, skip loaders, tractors, and additional service trucks and machinery to assist. Evaluation and analysis will be based on submittal of proposal and all identified costs, including any and all costs related to collect and dispose items. Varies based on Equipment Needed.
9. Travel charge $200
10. After hour charge Rates listed in Section 2
SECTION 2
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18345 Pasadena Street, Lake Elsinore, CA 92530
Ph: 714-571-0175 Fax: 714-558-0404
www.consultnserve.com
1. Board-up of vacant dangerous building according to adopted City of Santa Ana requirements Line-Item Billing Rates
7am to 6pm $95/hr.
6:01pm to 6:59am including Saturdays $125/hr.
Sundays and Holidays $190/hr.
2. Resecuring of buildings after intrusions and/or other activities (removal and replacement of locks, etc) Line-Item Billing Rates
7am to 6pm $95/hr.
6:01pm to 6:59am including Saturdays $125/hr.
Sundays and Holidays $190/hr.
3. Debris clean-up of vandalized or fire damaged structures Line-Item Billing Rates
Foreman $80/hr.
Laborer $40/hr.
4. Abatement/removal of graffiti (paint to match)
Line-Item Billing Rates
7am to 6pm $95/hr.
6:01pm to 6:59am including Saturdays $125/hr.
Sundays and Holidays $190/hr.
5. Weed abatement and trash removal
Line-Item Billing Rates
Foreman $80/hr.
Laborer $40/hr.
6. Fence repair or replacement (all types)
Line-Item Billing Rates
Foreman $95/hr.
Laborer $85/hr.
7. Removal of equipment, furniture or other types of household goods and private property from illegal storage locations
Line-Item Billing Rates
Foreman $80/hr.
Laborer $40/hr
8. Maintenance or removal of landscape to include large shrubs and tree trimming Line-Item Billing Rates
$80/hr. foreman
$40/hr. laborer
9. Miscellaneous clean-up (removal of illegal non-hazardous pumps), repair, painting, light handyman tasks, and hauling
Line-Item Billing Rates
7am to 6pm $95/hr.
6:01pm to 6:59am including Saturdays $125/hr.
Sundays and Holidays $190/hr
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18345 Pasadena Street, Lake Elsinore, CA 92530
Ph: 714-571-0175 Fax: 714-558-0404
www.consultnserve.com
10. Installations and/or inspection of irrigation systems, meters, timing devices, etc.
Line-Item Billing Rates
Foreman $80/hr.
Laborer $40/hr.
11. Installation and/or inspections of plant material, trees, shrubs, turf, or other types of vegetation, or ground cover
Line-Item Billing Rates
Foreman $80/hr.
Laborer $40/hr.
12. Sign installation or removal
Line-Item Billing Rates
Foreman $80/hr.
Laborer $40/hr.
13. Drainage of stagnant swimming pools
Line-Item Billing Rates
Pool $800
Spa $200
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EXHIBIT C
INSURANCE REQUIREMENTS
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Exhibit C – Insurance Requirements
Contractor shall procure and maintain for the duration of the contract, and for 5 years thereafter , insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees, and sub-contractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL). Insurance Services Office (ISO) Form CG 0001 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 in the aggregate. Umbrella and excess insurance policies can be used to meet the required limits.
2. Automobile Liability (AL). Insurance Services Office F orm CA 0001 covering Code 1(any auto), with combined single limit no less than $2,000,000.
3. Workers’ Compensation (WC). As required by the State of California, with statutory limits, and Employers’ Liability insurance with a limit of no less than$1,000,000 per accident , policy, employee for bodily injury or disease.
4. Pollution Legal Liability (PLL). With limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
5. Professional Liability Insurance (Errors & Omissions). With limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate.
These insurance requirements shall not in any way act to reduce coverage that is broader or includes higher limits than the minimums shown above. If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Insurance provided under this contract shall not contain any restrictions or limitations which are inconsistent with City’s rights under this contract.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers are to be covered as additional insureds on Contractor’s CGL and AL policies with respect to liability arising out of work operations performed by or on behalf of Contractor including materials, parts, and equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of Contractor. Additional insured status can be provided in the form of an endorsement to Contractor’s insurance.
2. For any claims related to this project, Contractor’s insurance coverage shall be primary insurance coverage as respects City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by City of Santa Ana, its City Council, officers, officials, employees, agents, or volunteers shall not contribute with it.
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Exhibit C – Insurance Requirements
3. A severability of interest provision must apply for all the additional insureds, ensuring that Contractor’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability.
4. Contractor hereby grants to City a waiver of subrogation which any insurer of said Contractor may acquire against City of Santa Ana, its City Council, officers, officials, employees, agents and volunteers” by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement(s) that may be necessary to affect this waiver of subrogation, but th is provision applies regardless of whether or not City has received a waiver of subrogation endorsement from any insurer(s).
5. Each insurance policy required by this clause shall provide that coverage shall not be canceled, suspended, voided, reduced in scope or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City and ten (10) days prior written notice of policy cancellation or non-renewal due to non-payment.
6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Planning and Building Agency, 20 Civic Center Plaza, M-21, Santa Ana, CA 92701 .
The name and location of the project must be indicated in the Description of Operations section of each certificate.
Claims Made Policies
If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown, and this date must be before the execution date of the contract.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of work.
3. If coverage is cancelled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of work.
4. A copy of the claims reporting requirements must be submitted to City.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to CITY.
Waiver of Subrogation
Contractor hereby agrees to waive rig hts of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’
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Exhibit C – Insurance Requirements
Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Contractor, its employees, agents and sub-contractors.
Verification of Coverage
Contractor shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause). A statement on a Certificate(s)/Evidence of Insurance will not be accepted in lieu of the actual endorsements required herein. Failure to obtain the required documents prior to the work beginning shall not waive Contractor’s obligation to provide them. City reserves the right to require
complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.
Sub-Contractors
Contractor shall require and verify that all sub-contractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from sub-contractors. For CGL coverage, sub-contractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Failure to Maintain Insurance Coverage
If Contractor, for any reason, fails to maintain insurance coverage which is required pursuant to this contract, the same shall be deemed a material breach of contract. City, at its sole option, may terminate this contract at any time and obtain damages from Contractor resulting from said breach.
Special Risks or Circumstances
City reserves the right to modify these requireme nts, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.
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AGREEMENT WITH QUALITY SPRAYERS, INC. TO PROVIDE
ON-CALL TRASH, WEEDS, RUBBISH, SANITATION ABATEMENT,
AND PROPERTY BOARD-UP SERVICES
THIS AGREEMENT is made and entered into on this 5th day of August, 2025 by and between Quality Sprayers, Inc., a California corporation (“Contractor”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).
RECITALS
A. On June 3, 2025, City issued Request for Proposal (“RFP”) No. 25-085 by which it sought qualified Contractors to provide on -call services for weeds, trash, rubbish, sanitation abatement, and property board-up services.
B. Contractor submitted a responsive proposal that was among those selected by the City.
Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 25 -085 and attached as Exhibit A .
Contractor’s proposal shall be incorporated by reference as though fully attached here to this Agreement.
C. Contractor was selected as one of four (4) vendors which qualified for this engagement.
Only those Contractors approved by the City Council on August 5, 2025 shall be eligible to be engaged by the City for these services.
D. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
On an on-call basis, and at the City’s sole discretion, Contractor 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 Exhibit A, attached hereto and incorporated by reference.
2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B.
Contractor is one of four (4) Contractors selected under RFP 25 -085. The total compensation for these services provided by all such Contractors selected under RFP EXHIBIT 3
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25-085 shall not exceed the shared aggregate amount of Four Hundred and Fifty Thousand Dollars ($450,000) during the term of the Agreement, including any extension periods.
b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting p rocedures. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Contractor agrees to execute the City’s standard ACH Vendor Payment Authorization and provide requir ed documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor’s account(s) with financial institutions.
Payment need not be made for work which fails to meet the standards of performa nce set forth in the Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above for a three (3) year term with the option for the City to grant up to two (2), one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earli er in accordance with Section 15, below.
4. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an independent Contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in whi ch Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non -exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other doc uments or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement (“Documents & Data”). Contractor shall require all sub contractors to agree in writing that City is granted a non -exclusive and perpetual license for any Documents & Data the sub contractor prepares under this Agreement.
Contractor represents an d warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in
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any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
6. INSURANCE
Insurance requirements are attached hereto as Insurance Requirements - Exhibit C
7. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, Contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from th is Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding an y 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 a rising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement.
9. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accu rate 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 Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created
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pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement.
10. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information ex cept 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 oth er party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City.
11. CONFLICT OF INTEREST CLAUSE
a. Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City’s Municipal Code, whose position with the City shall award or influence the aw ard of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Contractor or have any other direct or indirect financial benefit or interest in this Agreement.
c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full -time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution
d. The Contractor must comply with all c onflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement.
The Contractor warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Contractor hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description
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of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement.
e. Contractor covenants that none of its directors, officers, empl oyees, or agents shall participate in selecting or administrating any subcontract supported (in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b) and (c) above.
12. NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City.
15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of
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termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
18. PROFESSIONAL LICENSES
Contractor 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. Contractor shall notify the City immediately and in writing of its inabil ity to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
19. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:
To City:
City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
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P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Executive Director, Planning and Building Agency
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
To Contractor:
Jasen Higbee
General Manager
Quality Sprayer, Inc.
675 N. Euclid #498
Anaheim, CA, 92806
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shal l 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 ab ove. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.
20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
[signature page to follow]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.
ATTEST: CITY OF SANTA ANA
.lennifer I,. Hall
City Clerk
Alvam Nuiiex
C'ily Manager
APPROVED AS TO FORM:
SONIA R. CARV ALHO CONTRACTOR:
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Melissa M Crosthwaite
Senior ,Assistant City Attorncy
RECOMMENDED FOR APPROV AL:
Jffscn gl'icc
(Ii I Manager
Ali I)ezcslikp<iur
Executive Director
PJanning and Building Agency
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EXHIBIT A
SCOPE OF SERVICES
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Board Up Procedures:
The USFA
National Arson Prevention Initiative Board Up Procedures is incorporated herein by reference and are hereby accepted as Reference Specifications. These Reference Specifications are intended to govern certain construction materials, methods, and details with some additional modification herein.
A. Security Measures
1)
All openings in the basement, crawl spaces, garages, first floor doors and windows, and any point of entry accessible from a porch, fire escape or other potential climbing point shall be barr
icaded with plywood, 2x4 braces, carriage bolt sets, specialized head/drive screws, and nails, unless stated otherwise.
NOTE:
General contractor screws, particleboard, wafer board, Ma sonite, or other similar material shall NOT be use
d for purposes of boarding-up a building.
2)
Garage Doors and Openings at least 10' from ground level which are not accessible from a porch, fire escape, roof, or other climbing poi nt can be secured with nails every 12" around the p
erimeter. For all openings, the plywood should be fitted so that it rests snugly against the
exterior frame, butting up to the siding on wood frame buildings and up to the brick moldin
g edge on brick buildings. It may be necessary to remove the staff bead so this fit can be flush and tight.
3)
The structure shall be posted with a NO TR ESPASSING sign at the completion of the board-up.
4)
The Commercial property with full windows or glass facades shall be blacked out and adhesive shall be used to attach the plywood to the glass from the interior to prevent shattering. Plywood shall be secured to the window/glass framing. 5)
ONLY Interior Boarding shall require blackout of windows and be secured with plywood and 2x4 braces fasten to the wall with deck nails and specialized star-drive head screws.
B. Materials
1) Plywood, 1/2" (4 ply) exterior grade CDX
2)
Braces - 2" by 4" by 8' (or longer) construction grade lumber 3)
3/8" (coarse thread) by 12" (or longer) carriage bolts (rounded head on weather side) 4)
3/8" (coarse thread) construction grade nuts
EXHIBIT A
SCOPE OF SERVICES
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5) 1/2" (USS Standard) Flat washers with an inside diameter large enough to bypass the wrench neck inside the carriage bolt head so no lift edge is available beneath an installed carriage bolt head.
6) 3/8" (USS Standard) diameter flat washers for installation beneath the nut inside the building 7) Combination of 2”-3” deck nails and 2”-3” Star-drive screws; T-20, T-25, etc.
C. Barrier Assembly
1) Plywood shall be cut to fit over the window and door openings, flush with outside of the molding/trimmer stud. Application of barriers shall be completed so that all lift or pry points are avoided. Plywood board shall be solid sheets without seams or joints. 2) The 2x4 braces shall be cut to fit the horizontal dimension of the plywood. Two exterior and two interior 2x4 braces shall be provided for each window and three sets for each door.
3) Window Assembly – Braces are located hor izontally approximately 1/3 of the distance from the top and the bottom of the window. Bolt holes are located 1/3 of the length of the brace from the outside edge of the window jams. Prior to installation, the assembly should be pre-assembled and 3/8” holes drilled through all of the components. 4) Door Assembly – Door braces will be placed horizontally; one in the center of the doorway and one 1/2 the distance from the center to the top and one 1/2 distance from the center to the bottom of the doorway. Bolt holes are located 1/3 of the length of the brace from the outside edge of the doorframe. Prior to installation, the assembly should be pre- assembled and 3/8” holes drilled through all of the components. 5) Plywood used to cover exterior openings shall be nailed every 12" along the perimeter of the frame of the window, door, or opening.
6) The 2x4 braces on the interior and exterior of the assemblies shall be secured using 3/8” by 12” carriage bolt assemblies. Bolts shall be inserted through the predrilled holes from the exterior with a 1/2” washer place against the exterior brace, a 3/8” washer is placed against the interior brace. The bolt is tightened from the inside so that it slightly compresses the interior brace. The 2x4 Bottom Brace shall be cut to width of door trim and drilled to the floor to prevent opening.
7) Garage Door – the opening shall be covered with plywood and secured with a minimum of 3- inch-long deck or wood screws installed on 6-inch centers around the circumference of the opening. An interior or exterior 2x4 Bottom Brace is required to prevent it from opening and drilled to the floor with masonry screws (or as appropriate).
NOTE: These specifications are subject to change upon case-by-case scenario. Any changes or recommendations shall be discussed during the walk-through of the property prior to a proposal, quote and or notice to proceed.
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D. Window Boarding Specification
NOTES:
1) FOR DOUBLE HUNG WINDOWS, SLIDE SASH TO CENTER OF UNIT AND PASS BOLTS THROUGH OPENINGS AT TOP AND BOTTOM.
2) STORM WINDOWS SHOULD BE REMOVED AND STORED INSIDE STRUCTURE. 3) OUTSIDE TRIM MAY HAVE TO BE REMOVED TO ACCOMMODATE A FLUSH AND TIGHT FIT.
4) TIGHTEN NUTS FROM INSIDE ENOUGH TO SLIGHTLY COMPRESS 2X4 BRACE. 5) BRACE LOCATIONS: A = 1/3 B (SEE DIMENSION LOCATIONS ON DRAWING) NOTE:
WINDOWS 3 FEET IN HEIGHT OR SHORTER ONLY REQUIRE ONE BRACE. 6) LOCATION OF BOLT HOLES: C = 1/3D (SEE DIMENSION LOCATIONS ON
DRAWING)
7) THE PLYWOOD BOARD SHOULD BE SECURED WITH SCREWS EVERY 12" ALONG
THE PERIMETER OF THE FRAME OF THE WINDOW, DOOR, OR OPENING, AND WITH DECK NAILS AT EVERY 6” MARK WHERE SCREW IS NOT PLACED.
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E. Door Boarding Specifications
NOTES:
1) IRON DOORS OR FRAMES MAY BE REMOVED AND STORED INSIDE BUILDING IF NECESSARY.
2) USE 3/8" X 12" CARRIAGE BOLTS - ROUNDED HEAD ON OUTSIDE OF BUILDING.
LONGER BOLTS MAY BE NECESSARY.
3) TIGHTEN NUTS FROM INSIDE ENOUGH TO SLIGHTLY COMPRESS 2X4 BRACE. 4) IF PLYWOOD CAN NOT BE BUTTED AGAINST BAND MOLDING, CUT TO COVER OUTSIDE EDGE OF DOOR FRAME.
5) BOLT HOLES ARE LOCATED AS THEY ARE FOR WINDOWS (SEE WINDOW
DETAIL)
6) CENTER BRACE LOCATED IN CENTER OF DOORWAY OPENING. TOP AND BOTTOM BRACES ARE POSITIONED WHERE A = 1/2B (SEE DIMENSION
LOCATIONS ON DRAWING)
7) USE 2X4 BOTTOM BRACE - CUT TO WIDTH OF DOOR TRIM. DRILL TO THE FLOOR TO PREVENT OPENING. INTERIOR AND EXTERIOR BOTTOM BRACES WITH MASONRY SCREWS ARE MANDATORY WHEN BOARDING GARAGE DOORS.
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F. Brace and Carriage Bolt Specification
NOTES:
1) USE 2" BY 4" BY 8' (OR LONGER) CO NSTRUCTION GRADE LUMBER FOR BRACES. 2) USE 3/8" X 12" CARRIAGE BOLTS - ROUNDED HEAD ON OUTSIDE OF BUILDING 3) TIGHTEN NUTS FROM INSIDE ENOUGH TO SLIGHTLY COMPRESS WASHER INTO 2X4 BRACE.
4) USE 1/2" WASHER ON WEATHER SIDE TO ACCOMMODATE THE WRENCH NECK OF BOLT AND ELIMINATE PRY POINTS.
G. Window Assembly
MATERIALS REQUIRED PER WINDOW
1 - 1/2" CDX PLYWOOD SHEET-CUT TO DIMENSIONS OF WINDOW FRAME (WEATHER SIDE) 4 - 2X4 BRACES - CUT TO WIDTH OF PLYWOOD
4 - CARRIAGE BOLT ASSEMBLIES
NUMBER OF WINDOWS TO BE SECURED (NW):
NUMBER OF WINDOWS BRACES REQUIRED: (NW X 4)
CARRIAGE BOLT ASSEMBLIES REQUIRED (BW): (NW X 4)
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H. Door Assembly
MATERIALS REQUIRED PER DOOR
1 - 1/2" CDX PLYWOOD SHEET - CUT TO DIMENSIONS OF DOOR FRAME (WEATHER SIDE) 1 - 1/2" CDX PLYWOOD SHEET - CUT TO OUTSIDE DIMENSIONS OF DOOR FRAME TRIM (INSIDE)
6 – 2X4 BRACES - 3 CUT TO WIDTH OF OUTSIDE PLYWOOD
- 3 CUT TO WIDTH OF INSIDE PLYWOOD
1 - 2X4 BOTTOM BRACE - CUT TO WIDTH OF DOOR TRIM DRILLED TO FLOOR (INSIDE) 6 - CARRIAGE BOLT ASSEMBLIES
NUMBER OF DOORS TO BE SECURED (ND):
NUMBER OF DOOR BRACES REQUIRED: (ND X 6)
NUMBER OF BOTTOM BRACES REQUIRED: (ND)
CARRIAGE BOLT ASSEMBLIES REQUIRED (BD): (ND X 6)
I. Carriage Bolt Assembly
MATERIALS REQUIRED PER CARRIAGE BOLT ASSEMBLY
1 - 3/8" X 12' (OR LONGER IF NECESSARY) CARRIAGE BOLT - COURSE THREAD 1 - 1/2" USS STANDARD FLAT WASHER (WEATHER SIDE)
1 - 3/8" USS STANDARD FLAT WASHER (INSIDE)
1 - 3/8" CONSTRUCTION GRADE NUT - COURSE THREAD
TOTAL CARRIAGE BOLT ASSEMBLIES REQUIRED FOR WINDOWS AND DOORS:
(BW + BD) _________________
J. Removal of Trash and Debris
1) The Contractor shall be responsible for the removal and proper disposal of all trash, debris, and waste materials generated during the demolition of any structure under this Agreement. This includes, but is not limited to, construction materials, rubble, hazardous waste, and any other by- products of the demolition process.
2) All trash and trash and debris must be removed from the site within seven (7) days following the completion of demolition activities. The Contractor shall ensure the site is left in a clean and orderly condition, free of any remaining debris.
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3) Contractor shall comply with all applicable federal, state, and local laws, regulations, and ordinances related to the handling, transportation, and disposal of demolition debris, including obtaining any required permits and approvals.
4) The removal of trash and debris shall be subject to inspection and approval by the Director of the Santa Ana Planning and Building Agency, or their designee. The Contractor shall promptly address any deficiencies identified during such inspection.
K. Fee Proposal
Contractor shall submit a fee proposal as described below. This fee proposal shall be based on ON- CALL DEMOLITION SERVICES for the sample project site described below. The proposal will be used for fee comparison and evaluation purposes. Furthermore , this fee proposal will become part of Exhibit B of the Contract Agreement and will be used to compare with an actual task order quote requested by the City.
Fee proposal shall include:
1. Description of work (summarized scope of services)
2. All costs, fees and other anticipated expenses, and total cost of the services (per spreadsheet below)
3. Schedule (from date of receiving a Notice to Proceed to task order completion)
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EXHIBIT B
COMPENSATION
Fee Proposal including hourly rates if applicable
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EXHIBIT C
INSURANCE REQUIREMENTS
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Exhibit C – Insurance Requirements
Contractor shall procure and maintain for the duration of the contract, and for 5 years thereafter , insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees, and sub-contractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL). Insurance Services Office (ISO) Form CG 0001 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 in the aggregate. Umbrella and excess insurance policies can be used to meet the required limits.
2. Automobile Liability (AL). Insurance Services Office F orm CA 0001 covering Code 1(any auto), with combined single limit no less than $2,000,000.
3. Workers’ Compensation (WC). As required by the State of California, with statutory limits, and Employers’ Liability insurance with a limit of no less than$1,000,000 per accident , policy, employee for bodily injury or disease.
4. Pollution Legal Liability (PLL). With limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
5. Professional Liability Insurance (Errors & Omissions). With limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate.
These insurance requirements shall not in any way act to reduce coverage that is broader or includes higher limits than the minimums shown above. If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Insurance provided under this contract shall not contain any restrictions or limitations which are inconsistent with City’s rights under this contract.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers are to be covered as additional insureds on Contractor’s CGL and AL policies with respect to liability arising out of work operations performed by or on behalf of Contractor including materials, parts, and equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of Contractor. Additional insured status can be provided in the form of an endorsement to Contractor’s insurance.
2. For any claims related to this project, Contractor’s insurance coverage shall be primary insurance coverage as respects City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by City of Santa Ana, its City Council, officers, officials, employees, agents, or volunteers shall not contribute with it.
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Exhibit C – Insurance Requirements
3. A severability of interest provision must apply for all the additional insureds, ensuring that Contractor’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability.
4. Contractor hereby grants to City a waiver of subrogation which any insurer of said Contractor may acquire against City of Santa Ana, its City Council, officers, officials, employees, agents and volunteers” by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement(s) that may be necessary to affect this waiver of subrogation, but th is provision applies regardless of whether or not City has received a waiver of subrogation endorsement from any insurer(s).
5. Each insurance policy required by this clause shall provide that coverage shall not be canceled, suspended, voided, reduced in scope or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City and ten (10) days prior written notice of policy cancellation or non-renewal due to non-payment.
6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Planning and Building Agency, 20 Civic Center Plaza, M-21, Santa Ana, CA 92701 .
The name and location of the project must be indicated in the Description of Operations section of each certificate.
Claims Made Policies
If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown, and this date must be before the execution date of the contract.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of work.
3. If coverage is cancelled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of work.
4. A copy of the claims reporting requirements must be submitted to City.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to CITY.
Waiver of Subrogation
Contractor hereby agrees to waive rig hts of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’
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Exhibit C – Insurance Requirements
Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Contractor, its employees, agents and sub-contractors.
Verification of Coverage
Contractor shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause). A statement on a Certificate(s)/Evidence of Insurance will not be accepted in lieu of the actual endorsements required herein. Failure to obtain the required documents prior to the work beginning shall not waive Contractor’s obligation to provide them. City reserves the right to require
complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.
Sub-Contractors
Contractor shall require and verify that all sub-contractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from sub-contractors. For CGL coverage, sub-contractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Failure to Maintain Insurance Coverage
If Contractor, for any reason, fails to maintain insurance coverage which is required pursuant to this contract, the same shall be deemed a material breach of contract. City, at its sole option, may terminate this contract at any time and obtain damages from Contractor resulting from said breach.
Special Risks or Circumstances
City reserves the right to modify these requireme nts, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.
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AGREEMENT WITH HUNTER CONSULTING, INC. TO PROVIDE
ON-CALL TRASH, WEEDS, RUBBISH, SANITATION ABATEMENT,
AND PROPERTY BOARD-UP SERVICES
THIS AGREEMENT is made and entered into on this 5th day of August, 2025 by and between Hunter Consulting, Inc., a California corporation dba HCI Environmental & Engineering Services (“Contractor”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).
RECITALS
A. On June 3, 2025, City issued Request for Proposal (“RFP”) No. 25-085 by which it sought qualified Contractors to provide on -call services for weeds, trash, rubbish, sanitation abatement, and property board-up services.
B. Contractor submitted a responsive proposal that was among those selected by the City.
Contractor represents that it is able and w illing to provide the services described in the scope of work that was included in RFP No. 25 -085 and attached as Exhibit A .
Contractor’s proposal shall be incorporated by reference as though fully attached herein to this Agreement.
C. Contractor was selected as one of four (4) vendors which qualified for this engagement.
Only those Contractors approved by the City Council on August 5, 2025 shall be eligible to be engaged by the City for these services.
D. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
On an on-call basis, and at the City’s sole discretion, Contractor 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 servic es described and set forth in Exhibit A, attached hereto and incorporated by reference.
2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B.
Contractor is one of four (4) Contractors selected under RFP 25 -085. The total compensation for these services provided by all such Contractors selected under RFP EXHIBIT 4
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25-085 shall not exceed the shared aggregate amount of Four Hundred and Fifty Thousand Dollars ($450,000) during the term of the Agreement, including any extension periods.
b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Contractor agrees to execute the City’s standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor’s account(s) with financial in stitutions.
Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above for a three (3) year term with the option for the City to grant up to two (2), one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earli er in accordance with Section 15, below.
4. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an independent Contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationsh ip, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non -exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement (“Documents & Data”). Contractor shall require all sub contractors to agree in writing that City is granted a non -exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement.
Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in
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any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
6. INSURANCE
Insurance requirements are attached hereto as Insurance Requirements - Exhibit C
7. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, Contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of t he Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement.
9. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accu rate 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 Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created
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pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement.
10. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information ex cept 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 oth er party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City.
11. CONFLICT OF INTEREST CLAUSE
a. Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City’s Municipal Code, whose position with the City shall award or influence the aw ard of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Contractor or have any other direct or indirect financial benefit or interest in this Agreement.
c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full -time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution
d. The Contractor must comply with all c onflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement.
The Contractor warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Contractor hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description
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of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement.
e. Contractor covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported (in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest t o any individual, as defined in subsections (b) and (c) above.
12. NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical co nditions, 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. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City.
15. TERMINATION
This Agreement may be terminated by the City upo n thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of
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termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohi bited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties furthe r agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
18. PROFESSIONAL LICENSES
Contractor 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. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
19. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or ot her telegraphic communication in the manner provided in this Section, to the following persons:
To City:
City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
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P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Executive Director, Planning and Building Agency
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
To Contractor:
Gregory J. Parker
President/CEO
Hunter Consulting, Inc.
1680 Commerce St
Corona, CA, 92880
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 afte r it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.
20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
[signature page to follow]
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IN WIaINESS WHEREOF, the parties hereto have executed this Agreement the date and year first above wiitten.
ATTEST: CITY OF SANTA ANA
Jennifer L. Hall
City Cleit
APPROVED AS TO FORM:
SONIA R. CARV ALHO
Melissa M Crosthwaite
Senior ASsistant City Attorney
RECOMMENDED FOR APPROVAL:
Ali Pezeshkpour
Executive Director
Planning and Building Agency
Alvaro Nufiez
City Manager
CONTRACTOR:
k
Gregory J. Parker
President/CEO
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EXHIBIT A
SCOPE OF SERVICES
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CITY OF SANTA ANA
Board Up Procedures:
The USFA
National Arson Prevention Initiative Board Up Procedures is incorporated herein by reference and are hereby accepted as Reference Specifications. These Reference Specifications are intended to govern certain construction materials, methods, and details with some additional modification herein.
A. Security Measures
1)
All openings in the basement, crawl spaces, garages, first floor doors and windows, and any point of entry accessible from a porch, fire escape or other potential climbing point shall be barr
icaded with plywood, 2x4 braces, carriage bolt sets, specialized head/drive screws, and nails, unless stated otherwise.
NOTE:
General contractor screws, particleboard, wafer board, Ma sonite, or other similar material shall NOT be use
d for purposes of boarding-up a building.
2)
Garage Doors and Openings at least 10' from ground level which are not accessible from a porch, fire escape, roof, or other climbing poi nt can be secured with nails every 12" around the p
erimeter. For all openings, the plywood should be fitted so that it rests snugly against the
exterior frame, butting up to the siding on wood frame buildings and up to the brick moldin
g edge on brick buildings. It may be necessary to remove the staff bead so this fit can be flush and tight.
3)
The structure shall be posted with a NO TR ESPASSING sign at the completion of the board-up.
4)
The Commercial property with full windows or glass facades shall be blacked out and adhesive shall be used to attach the plywood to the glass from the interior to prevent shattering. Plywood shall be secured to the window/glass framing. 5)
ONLY Interior Boarding shall require blackout of windows and be secured with plywood and 2x4 braces fasten to the wall with deck nails and specialized star-drive head screws.
B. Materials
1) Plywood, 1/2" (4 ply) exterior grade CDX
2)
Braces - 2" by 4" by 8' (or longer) construction grade lumber 3)
3/8" (coarse thread) by 12" (or longer) carriage bolts (rounded head on weather side) 4)
3/8" (coarse thread) construction grade nuts
EXHIBIT A
SCOPE OF SERVICES
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5) 1/2" (USS Standard) Flat washers with an inside diameter large enough to bypass the wrench neck inside the carriage bolt head so no lift edge is available beneath an installed carriage bolt head.
6) 3/8" (USS Standard) diameter flat washers for installation beneath the nut inside the building 7) Combination of 2”-3” deck nails and 2”-3” Star-drive screws; T-20, T-25, etc.
C. Barrier Assembly
1) Plywood shall be cut to fit over the window and door openings, flush with outside of the molding/trimmer stud. Application of barriers shall be completed so that all lift or pry points are avoided. Plywood board shall be solid sheets without seams or joints. 2) The 2x4 braces shall be cut to fit the horizontal dimension of the plywood. Two exterior and two interior 2x4 braces shall be provided for each window and three sets for each door.
3) Window Assembly – Braces are located hor izontally approximately 1/3 of the distance from the top and the bottom of the window. Bolt holes are located 1/3 of the length of the brace from the outside edge of the window jams. Prior to installation, the assembly should be pre-assembled and 3/8” holes drilled through all of the components. 4) Door Assembly – Door braces will be placed horizontally; one in the center of the doorway and one 1/2 the distance from the center to the top and one 1/2 distance from the center to the bottom of the doorway. Bolt holes are located 1/3 of the length of the brace from the outside edge of the doorframe. Prior to installation, the assembly should be pre- assembled and 3/8” holes drilled through all of the components. 5) Plywood used to cover exterior openings shall be nailed every 12" along the perimeter of the frame of the window, door, or opening.
6) The 2x4 braces on the interior and exterior of the assemblies shall be secured using 3/8” by 12” carriage bolt assemblies. Bolts shall be inserted through the predrilled holes from the exterior with a 1/2” washer place against the exterior brace, a 3/8” washer is placed against the interior brace. The bolt is tightened from the inside so that it slightly compresses the interior brace. The 2x4 Bottom Brace shall be cut to width of door trim and drilled to the floor to prevent opening.
7) Garage Door – the opening shall be covered with plywood and secured with a minimum of 3- inch-long deck or wood screws installed on 6-inch centers around the circumference of the opening. An interior or exterior 2x4 Bottom Brace is required to prevent it from opening and drilled to the floor with masonry screws (or as appropriate).
NOTE: These specifications are subject to change upon case-by-case scenario. Any changes or recommendations shall be discussed during the walk-through of the property prior to a proposal, quote and or notice to proceed.
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D. Window Boarding Specification
NOTES:
1) FOR DOUBLE HUNG WINDOWS, SLIDE SASH TO CENTER OF UNIT AND PASS BOLTS THROUGH OPENINGS AT TOP AND BOTTOM.
2) STORM WINDOWS SHOULD BE REMOVED AND STORED INSIDE STRUCTURE. 3) OUTSIDE TRIM MAY HAVE TO BE REMOVED TO ACCOMMODATE A FLUSH AND TIGHT FIT.
4) TIGHTEN NUTS FROM INSIDE ENOUGH TO SLIGHTLY COMPRESS 2X4 BRACE. 5) BRACE LOCATIONS: A = 1/3 B (SEE DIMENSION LOCATIONS ON DRAWING) NOTE:
WINDOWS 3 FEET IN HEIGHT OR SHORTER ONLY REQUIRE ONE BRACE. 6) LOCATION OF BOLT HOLES: C = 1/3D (SEE DIMENSION LOCATIONS ON
DRAWING)
7) THE PLYWOOD BOARD SHOULD BE SECURED WITH SCREWS EVERY 12" ALONG
THE PERIMETER OF THE FRAME OF THE WINDOW, DOOR, OR OPENING, AND WITH DECK NAILS AT EVERY 6” MARK WHERE SCREW IS NOT PLACED.
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E. Door Boarding Specifications
NOTES:
1) IRON DOORS OR FRAMES MAY BE REMOVED AND STORED INSIDE BUILDING IF NECESSARY.
2) USE 3/8" X 12" CARRIAGE BOLTS - ROUNDED HEAD ON OUTSIDE OF BUILDING.
LONGER BOLTS MAY BE NECESSARY.
3) TIGHTEN NUTS FROM INSIDE ENOUGH TO SLIGHTLY COMPRESS 2X4 BRACE. 4) IF PLYWOOD CAN NOT BE BUTTED AGAINST BAND MOLDING, CUT TO COVER OUTSIDE EDGE OF DOOR FRAME.
5) BOLT HOLES ARE LOCATED AS THEY ARE FOR WINDOWS (SEE WINDOW
DETAIL)
6) CENTER BRACE LOCATED IN CENTER OF DOORWAY OPENING. TOP AND BOTTOM BRACES ARE POSITIONED WHERE A = 1/2B (SEE DIMENSION
LOCATIONS ON DRAWING)
7) USE 2X4 BOTTOM BRACE - CUT TO WIDTH OF DOOR TRIM. DRILL TO THE FLOOR TO PREVENT OPENING. INTERIOR AND EXTERIOR BOTTOM BRACES WITH MASONRY SCREWS ARE MANDATORY WHEN BOARDING GARAGE DOORS.
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F. Brace and Carriage Bolt Specification
NOTES:
1) USE 2" BY 4" BY 8' (OR LONGER) CO NSTRUCTION GRADE LUMBER FOR BRACES. 2) USE 3/8" X 12" CARRIAGE BOLTS - ROUNDED HEAD ON OUTSIDE OF BUILDING 3) TIGHTEN NUTS FROM INSIDE ENOUGH TO SLIGHTLY COMPRESS WASHER INTO 2X4 BRACE.
4) USE 1/2" WASHER ON WEATHER SIDE TO ACCOMMODATE THE WRENCH NECK OF BOLT AND ELIMINATE PRY POINTS.
G. Window Assembly
MATERIALS REQUIRED PER WINDOW
1 - 1/2" CDX PLYWOOD SHEET-CUT TO DIMENSIONS OF WINDOW FRAME (WEATHER SIDE) 4 - 2X4 BRACES - CUT TO WIDTH OF PLYWOOD
4 - CARRIAGE BOLT ASSEMBLIES
NUMBER OF WINDOWS TO BE SECURED (NW):
NUMBER OF WINDOWS BRACES REQUIRED: (NW X 4)
CARRIAGE BOLT ASSEMBLIES REQUIRED (BW): (NW X 4)
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H. Door Assembly
MATERIALS REQUIRED PER DOOR
1 - 1/2" CDX PLYWOOD SHEET - CUT TO DIMENSIONS OF DOOR FRAME (WEATHER SIDE) 1 - 1/2" CDX PLYWOOD SHEET - CUT TO OUTSIDE DIMENSIONS OF DOOR FRAME TRIM (INSIDE)
6 – 2X4 BRACES - 3 CUT TO WIDTH OF OUTSIDE PLYWOOD
- 3 CUT TO WIDTH OF INSIDE PLYWOOD
1 - 2X4 BOTTOM BRACE - CUT TO WIDTH OF DOOR TRIM DRILLED TO FLOOR (INSIDE) 6 - CARRIAGE BOLT ASSEMBLIES
NUMBER OF DOORS TO BE SECURED (ND):
NUMBER OF DOOR BRACES REQUIRED: (ND X 6)
NUMBER OF BOTTOM BRACES REQUIRED: (ND)
CARRIAGE BOLT ASSEMBLIES REQUIRED (BD): (ND X 6)
I. Carriage Bolt Assembly
MATERIALS REQUIRED PER CARRIAGE BOLT ASSEMBLY
1 - 3/8" X 12' (OR LONGER IF NECESSARY) CARRIAGE BOLT - COURSE THREAD 1 - 1/2" USS STANDARD FLAT WASHER (WEATHER SIDE)
1 - 3/8" USS STANDARD FLAT WASHER (INSIDE)
1 - 3/8" CONSTRUCTION GRADE NUT - COURSE THREAD
TOTAL CARRIAGE BOLT ASSEMBLIES REQUIRED FOR WINDOWS AND DOORS:
(BW + BD) _________________
J. Removal of Trash and Debris
1) The Contractor shall be responsible for the removal and proper disposal of all trash, debris, and waste materials generated during the demolition of any structure under this Agreement. This includes, but is not limited to, construction materials, rubble, hazardous waste, and any other by- products of the demolition process.
2) All trash and trash and debris must be removed from the site within seven (7) days following the completion of demolition activities. The Contractor shall ensure the site is left in a clean and orderly condition, free of any remaining debris.
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3) Contractor shall comply with all applicable federal, state, and local laws, regulations, and ordinances related to the handling, transportation, and disposal of demolition debris, including obtaining any required permits and approvals.
4) The removal of trash and debris shall be subject to inspection and approval by the Director of the Santa Ana Planning and Building Agency, or their designee. The Contractor shall promptly address any deficiencies identified during such inspection.
K. Fee Proposal
Contractor shall submit a fee proposal as described below. This fee proposal shall be based on ON- CALL DEMOLITION SERVICES for the sample project site described below. The proposal will be used for fee comparison and evaluation purposes. Furthermore , this fee proposal will become part of Exhibit B of the Contract Agreement and will be used to compare with an actual task order quote requested by the City.
Fee proposal shall include:
1. Description of work (summarized scope of services)
2. All costs, fees and other anticipated expenses, and total cost of the services (per spreadsheet below)
3. Schedule (from date of receiving a Notice to Proceed to task order completion)
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EXHIBIT B
COMPENSATION
Fee Proposal including hourly rates if applicable
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Rate and Service Structure
1. Board up cost of 1st standard window/(1) additional window thereafter $1,465.00 Flat Rate (Max 4 hours. Additional time after 4 hrs resorts to hourly rate) $366.00 Hourly Rate (4 hour minimum)
2. Board up cost of 1st single door opening/(1) each additional door thereafter $1,575.00 Flat Rate (Max 4 hours. Additional time after 4 hrs resorts to hourly rate) $394.00 Hourly Rate (4 hour minimum)
3. Board up of cost of garage (standard 2 car garage door-17x17) $2,604.00 Flat Rate per garage door
$651.00 Hourly Rate (4 hour minimum)
4. Bolt, screw door, garages and windows.
$35.00 per bolt & screws
5. Chain and lock fee
$98.00 per set
6. Weed abatement service: includes mow, hand weed abatement, blow off sidewalks, edging and handiwork of perimeter, disposal etc., (primarily neglected residential, commercial property) per hour rate
$1,542.00 Flat Rate
$385.00 Hourly Rate (4 hour minimum)
7. Small Scale- Debris removal service. Cost per ton. Includes clean up debris by hand, disposal (no heavy equipment)
$2,163.00 Flat Rate-based on 2 technicians/4 hr max, no equipment and disposal at cost plus 35%
$541.00 Hourly Rate for 2 additional technicians
8. Large Scale-Debris removal service unpermitted encampments. Cost of heavy equipment that include but may not be limited to track loarders, truck and semi end dump trailer combnations, water trucks, high reach fork-lifts, stake bed trucks, backhoes, skip loaders, tractors, and additiona service trucks and machinery to assist,. Evaluation and analysis will be based on sumittal of proposal and all identified costs, include any and all costs related to collect and dispose of items.
Due to the variable nature of large-scale debris removal at unpermitted encampments, we propose utilizing our standardized menu pricing structure for homeless encampment cleanups. This pricing model includes rates for all necessary equipment, labor, and disposal services—such as track loaders, backhoes, water trucks, skip loaders, end dump trailers, forklifts, and other support vehicles or machinery.
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By using the menu pricing model, we are able to provide transparent, itemized costs based on actual services rendered, ensuring flexibility and accuracy when the scope of work cannot be precisely determined in advance.
Our proposal includes a copy of our current pricing menu for your review and evaluation.
9. Travel Charge $795.00 (per location/per tech-based on 4 hours)
10. After hour charge $1,100.00 (per truck/per tech- based on 4 hours) Manifest fee- $45.00
Mob and Demob of equipment-$600.00 (per each)
Bio-Hazardous Waste containers-$60.00 (44g drum)
Bio-Hazrdous misc supplies & PPE-$135.00 (per technician) Bio-Hazardous Waste disposal-Cost +35%
Hazardous Waste disposal and transportation-Cost +35%
See attached additional pricing
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EXHIBIT C
INSURANCE REQUIREMENTS
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Exhibit C – Insurance Requirements
Contractor shall procure and maintain for the duration of the contract, and for 5 years thereafter , insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees, and sub-contractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL). Insurance Services Office (ISO) Form CG 0001 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 in the aggregate. Umbrella and excess insurance policies can be used to meet the required limits.
2. Automobile Liability (AL). Insurance Services Office F orm CA 0001 covering Code 1(any auto), with combined single limit no less than $2,000,000.
3. Workers’ Compensation (WC). As required by the State of California, with statutory limits, and Employers’ Liability insurance with a limit of no less than$1,000,000 per accident , policy, employee for bodily injury or disease.
4. Pollution Legal Liability (PLL). With limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
5. Professional Liability Insurance (Errors & Omissions). With limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate.
These insurance requirements shall not in any way act to reduce coverage that is broader or includes higher limits than the minimums shown above. If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Insurance provided under this contract shall not contain any restrictions or limitations which are inconsistent with City’s rights under this contract.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers are to be covered as additional insureds on Contractor’s CGL and AL policies with respect to liability arising out of work operations performed by or on behalf of Contractor including materials, parts, and equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of Contractor. Additional insured status can be provided in the form of an endorsement to Contractor’s insurance.
2. For any claims related to this project, Contractor’s insurance coverage shall be primary insurance coverage as respects City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by City of Santa Ana, its City Council, officers, officials, employees, agents, or volunteers shall not contribute with it.
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Exhibit C – Insurance Requirements
3. A severability of interest provision must apply for all the additional insureds, ensuring that Contractor’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability.
4. Contractor hereby grants to City a waiver of subrogation which any insurer of said Contractor may acquire against City of Santa Ana, its City Council, officers, officials, employees, agents and volunteers” by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement(s) that may be necessary to affect this waiver of subrogation, but th is provision applies regardless of whether or not City has received a waiver of subrogation endorsement from any insurer(s).
5. Each insurance policy required by this clause shall provide that coverage shall not be canceled, suspended, voided, reduced in scope or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City and ten (10) days prior written notice of policy cancellation or non-renewal due to non-payment.
6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Planning and Building Agency, 20 Civic Center Plaza, M-21, Santa Ana, CA 92701 .
The name and location of the project must be indicated in the Description of Operations section of each certificate.
Claims Made Policies
If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown, and this date must be before the execution date of the contract.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of work.
3. If coverage is cancelled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of work.
4. A copy of the claims reporting requirements must be submitted to City.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to CITY.
Waiver of Subrogation
Contractor hereby agrees to waive rig hts of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’
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Exhibit C – Insurance Requirements
Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Contractor, its employees, agents and sub-contractors.
Verification of Coverage
Contractor shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause). A statement on a Certificate(s)/Evidence of Insurance will not be accepted in lieu of the actual endorsements required herein. Failure to obtain the required documents prior to the work beginning shall not waive Contractor’s obligation to provide them. City reserves the right to require
complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.
Sub-Contractors
Contractor shall require and verify that all sub-contractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from sub-contractors. For CGL coverage, sub-contractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Failure to Maintain Insurance Coverage
If Contractor, for any reason, fails to maintain insurance coverage which is required pursuant to this contract, the same shall be deemed a material breach of contract. City, at its sole option, may terminate this contract at any time and obtain damages from Contractor resulting from said breach.
Special Risks or Circumstances
City reserves the right to modify these requireme nts, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.
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Finance and Management Services
www.santa-ana.org/finance
Item # 12
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 5, 2025
TOPIC: Collection Agency Services
AGENDA TITLE
Agreement with BC Services, Inc. for Collection Agency Services (Specification No. 25- 040) (General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with BC Services, Inc. to provide collection agency services for a term beginning August 5, 2025 and expiring August 4, 2028, with provisions for two (2) 1-year extensions (Agreement No. A-2025-XXX).
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
As part of its regular operations, the City routinely processes payments to vendors and collects monies owed to Santa Ana. The Treasury and Customer Services Division (TCS) has historically led the City’s collection efforts, managing delinquent account referrals from all agencies. In addition, the City contracts with outside billing and collection services for paramedic services and parking ticket citations. When both internal efforts and contracted services are unable to recover outstanding debts, the accounts may be referred to an outside collection agency for further action.
To support these efforts, TCS is committed to using all available resources to increase the collection of monies legally owed to the City. The City makes several attempts to collect in-house before delinquent accounts are referred to collection agencies. As part of this process, the City issues a minimum of three collection letters to individuals and businesses with outstanding balances. These letters notify them of the amount owed and may offer payment alternatives, such as installment plans. The City strives to ensure that a resident or business is provided an opportunity to resolve their debt before it is escalated to a collection agency. If a customer fails to respond or does not adhere to a mutually agreed upon payment schedule, the account is referred to a third-party collection agency for further action.
The referral of delinquent accounts to third-party collection agencies is an efficient method in managing debts owed to the City. These agencies have the resources required to
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monitor accounts in addition to ensuring compliance with the Fair Debt Collection Practices Act (FDCPA), Federal Fair Credit Reporting Act (FCRA), and other legislation.
The selected proposer has proven to adhere to all of the rules required for debt collection, including state laws that protect debtors from harassment, abuse, and deceptive practices. These rules include restrictions on communication times, the use of threatening or profane language, and the representative of debt collection practices.
The City’s current agreement with its temporary collection agency servicer expires September 30, 2025. To enhance debt recovery and resume regular collection cycles, staff initiated a competitive bidding process. Request for Proposals (RFP) No. 25-040 was issued on March 12, 2025, on the City’s online bid management and publication system. A summary of vendor participation and results is as follows:
72 Vendors Notified
1 Santa Ana Vendor Notified
31 Vendors Downloaded the RFP Packet
9 Proposals Received
0 Proposals Received from Santa Ana Vendors
Proposals were solicited, opened on April 10, 2025, and evaluated. Nine (9) proposals were submitted by the RFP deadline, and eight (8) proposals were determined to be responsive to the specifications and met the City’s requirements. An evaluation committee reviewed the responsive proposals and rated them according to the criteria listed in the RFP.
Staff recommends awarding an agreement to the BC Services, Inc. (“BCS”) (Exhibit 1).
The proposal submitted by BCS was found to meet the City’s needs, offers the best value, and is appropriate for the services requested. BC Services possesses a strong background and experience, understanding of the scope of work, and value added customer service.
Local Outreach Efforts
The Purchasing Division advertised this project on the City’s online bid management and publication system, which directly notified one (1) Santa Ana vendor. However, no Santa Ana vendors downloaded the RFP packet or submitted a bid for consideration.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Payment for services is contingent upon successful collection, regardless of effort spent on individual accounts. There is no direct fiscal impact on any expenditure accounts. The vendor will retain a fee ranging from 14.5% to 25% of the amounts collected. This includes 14.5% for accounts placed with the vendor for initial collection efforts and 25%
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for accounts that have previously been worked by another collection agency or that require City-authorized legal action.
These types of fees are standard within the industry and are lower than the rates currently paid by the City. BCS has also agreed that the City may withdraw any uncollected accounts at any time without charge or penalty. As a result, net revenues will be reduced by the amount paid to the vendor for collections.
EXHIBIT(S)
1. Consultant Agreement with BC Services, Inc.
2. RFP 25-040
Submitted By: Alex Trinidad, Executive Director, Finance and Management Services Agency
Approved By: Alvaro Nuñez, City Manager
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AGREEMENT FOR COLLECTION AGENCY SERVICES
BETWEEN BC SERVICES, INC. AND
CITY OF SANTA ANA
THIS AGREEMENT is made and entered into on this 5th day of August, 2025 by and between BC Services, Inc. (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).
RECITALS
A. On March 12, 2025, the City issued a Request for Proposal No 25-040 (“RFP”) by which it sought to retain a firm having the required skill and knowledge in general collection agency services.
B. Consultant submitted a responsive proposal that was selected by the City . Consultant represents that Consultant is able and willing to provide such services to the City described in the scope of work that was included in the RFP. The RFP is referenced herein as if incorporated in full.
C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth below and in Scope of Services - Exhibit A, attached hereto and incorporated by reference.
2. COMPENSATION
a. Consultant shall provide services on a contingency basis and retain commission on all monies actually collected on assigned accounts, whether paid to City or Consultant, at the following rates:
i. 14.5% for all first and second placement accounts receivable initially placed for collection with Consultant beginning September 1, 2025; ii. 25% for all second placement accounts receivable initially placed for collection with Consultant beginning January 1, 2026; and
iii. 25% for accounts requiring City-authorized legal action whereas approval must be obtained from City prior to initiating any legal action on an account.
EXHIBIT 1
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b. Consultant agrees that City may withdraw any uncollected accounts without any charge or penalty regardless if collection efforts were made.
c. Payment, less commission, shall be remitted to City by the 20 th day of the month following collection with supporting documentation evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be mad e through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City’s standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the Consultant will be authorized to de posit payments directly into City’s account(s) with financial institutions. City agrees that any outstanding service invoices will also be remitted payment directly into Consultant ’s account(s) with financial institutions through ACH transfers . Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above for a three (3) year term with the option for the City to grant up to two 1-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earli er in accordance with Section 1 5, below.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non -exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other doc uments or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non -exclusive and perpetual license for any Documents & Data the sub contractor prepares under this Agreement.
Consultant represents an d warrants that Consultant has the legal right to license any and all
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Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant.
MINIMUM SCOPE AND LIMIT OF INSURANCE
1. Commercial General Liability (CGL) : Insura nce 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 and $2,000,000 aggrega te. Required policy limits can be met with primary and umbrella/excess insurance policies.
2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event C onsultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance wit h limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance.
4. Professional Liability Insurance: with limits no less tha n $1,000,000 per occurrence or claim, and $2,000,000 aggregate.
If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Other Insurance Provisions
The above required insurance policies are to contain or be endorsed to contain the following provisions:
1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant’s CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and
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personnel furnished in connection with such work or operations.
2. Consultant’s Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement.
3. For any claims related to this contract, Consultant’s insurance cove rage shall be primary and any insurance maintained by City, it’s City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it.
4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability.
5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City.
Ten (10) days prior written notice shall be provided to City for policy cancellation or non- renewal due to non-payment of premium.
6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Finance & Management Services Agency, City of Santa Ana, 20 Civic Center Plaza (M -15) P.O. B ox 1988, Santa Ana, California 92702 . The name and location of project must be included in the Description of Operations section of each certificate.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be place d with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City.
Verification of Coverage
Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant’s obligation to provide them.
City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
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.
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7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, whic h may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expendi tures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.
10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
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information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of c are it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City.
11. CONFLICT OF INTEREST CLAUSE
a. Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City’s Municipal Code, whose position with the City shall award or influence the aw ard of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Consultant or have any other direct or indirect financial benefit or interest in this Agreement.
c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full -time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution
d. The Consultant must comply with all c onflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement.
The Consultant warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Consultant hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement.
e. Consultant covenants that none of its directors, officers, empl oyees, or agents shall participate in selecting or administrating any subcontract supported (in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in
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subsections (b) and (c) above.
12. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or 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 o f any party, which is not embodied herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City.
15. TERMINATION
This Agreement may be ter minated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property o f the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate.
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b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of Californi a. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
18. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
19. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:
To City:
City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Executive Director, Finance & Management
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Services Agency
City of Santa Ana
20 Civic Center Plaza (M-15)
P.O. Box 1988
Santa Ana, California 92702
To Consultant:
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly register ed or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.
20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
Alexandra Slocum
EVP Sales and Marketing
BC Services, Inc.
550 Disc Drive
Longmont, CO 80503
Fax: (303) 532-3544
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.
ATTEST:
Jennifer L. Hall
City Clerk
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
:
B y:
Andrea Garcia-Miller
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Alex Trinidad, CPA
Executive Director
Finance and Management Services Agency
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CITY OF SANTA ANA
Alvaro Nunez
City Manager
CONSUL TANT:
Alexander Trinidad (Jul 21, 2025 14:11 PDT)
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EXHIBIT A
SCOPE OF SERVICES
Revenue collection services for unpaid and delinquent accounts receivables will include:
• Collection of miscellaneous delinquent accounts receivable items where customers have not paid for services or charges from the City (e.g. Third -Party Liability Billing, Business Licens e Delinquent Accounts, Municipal Utility Services Delinquent Accounts, Dog License Delinquent Accounts, etc.).
• Collection on delinquent Administrative Citations where members of the public have not paid for citation(s) issued due to a code violation within the City limits. • Administrative Citations and/or Unpaid City Taxes and Fees associated with Cannabis Accounts • Collection of delinquent paramedic and ambulance ground emergency medical transportation service charges.
• Collection of other debts, charges, or monies owed to the City by members of the public and current or previous employees or officials of the City
Required Scope of Services:
1. Firm shall provide collection services for debts owed to the City for Delinquent Billing.
2. Firm shall designate a manager for the City’s account who will be the City’s primary contact with the Firm.
3. City and/or City’s contracted third party vendor shall submit delinquent accounts for collection via e-mail or electronic filing. Firm shall provide acknowledgement within five (5) business days of account placement.
4. City shall provide documentation to firm for each account, including name, any available customer information, last known address, account number, and balance due.
5. Firm shall make a minimum of two written or te lephone contacts for each account (unless the account clears sooner) within forty-five (45) days of receipt of account.
6. Firm shall maintain complete records of each account referred by the City, including all correspondence, documents, account records, tra nsactions and a detailed log of all collection efforts of actions. These records shall be retained for a minimum of three years after termination of collection actions on each account.
7. The firm shall provide a detailed action plan outlining its backup and disaster recovery procedures for servers containing debtor data, ensuring data integrity, security, and business continuity in the event of a disaster.
8. Firm shall provide to the City a monthly report on the status of each account including: account number, customer name, the amount received, the balance due and date of last payment, and the actions taken on the account. Firm should immediately advise the City of any account that is paid in full or deemed uncollectible. If an account is deemed uncollectible, information regarding this determination must be provided to the City. The firm is not entitled to collection fees after it determined that an account is uncollectible, regardless if payment is made to the City.
9. Firm shall provide to the City quarterly financial summary reports including totals for receipts, net accounts receivable, total accounts receivable, and collection percentage.
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10. Firm shall provide to the City an annual financial summary report as of June 30th (City’s fiscal year end) including totals for receipts, net accounts receivable, total accounts receivable and collection percentage. This report should be submitted to the City no later than July 31st of each year.
11. At any time, all records of the firm pertaining to the City shall be subject to inspection, review, or audit by City, State, or Federal officials, during the contract period and for seven years after the termination of the contract.
12. Firm shall guarantee the confidentiality, security and safety of all files, documents and information provided by the City, except as to disclosure required by federal and state laws and regulations.
13. Firm will exercise its best ethical, prudent, lawful, and professional efforts to secure collections on all accounts referred by the City. Collections activities shall comply with all federal, state and local laws, and applicable regulations including but not limited to the Federal Fair Debt Collection Practices Act.
14. Firm will process all customer payments in accordance with applicable Payment Card Industry (PCI) security requirements.
15. Firm shall be HIPPA (Health Insurance and Portability and Accountability Act of 1996) compliant and maintain compliance throughout the term of the contract.
16. In accordance with the Fair and Accurate Credit Transaction (FACT) Act, the firm must have an identity theft prevention program in place.
17. Firm shall report all uncollectible accounts to Experian. Reporting must be done in accordance with all federal, state and local laws, including but not limited to, the Fair Debt Collections Practices Act, the Federal Equal Credit Opportunity act, and the Consumer Credit Protection Act.
Firm shall not report acc ounts to Experian until the firm has worked the account for 45 days. At the request of the City, the firm shall remove an account notification from Experian and provide a copy of that notification to the City. The City retains the right to recall any accounts assigned for collection without charge or penalty from the firm. Upon recall by the City, no further collection efforts on recalled accounts may be undertaken. If the account being recalled was report ed to Experian, it is expected that the record be cleared from the customer’s credit report and written confirmation provided to the City upon request.
18. Firm reporting shall comply in accordance with the Federal Fair Credit Reporting Act (FCRA) regulations which established two types of debt categories. 1) “Permissible Debt” such as, unpaid utility billings, unpaid paramedic billings, and any unpaid sums relating to City Services which were electively sought or contracted for from the City, and 2) “Prohibited Debt” such as, taxes, licensing and permit fees, towing & impound fess/costs, administrative code violations, and damage to City property. Permissible debts may continue to be reported to credit reporting agencies; prohibited debts may not.
19. Firm shall not assign or subcontract any portion of this agreement or transfer or assign any claim, pursuant to the contract, without the written consent of the City.
20. Firm shall make contacts with delinquent accounts under the name of the firm and not the City of Santa Ana.
21. Firm shall instruct consumers to submit payments to the firm and not to the City of Santa Ana except by written agreement by the City. The firm shall be notified of any payments made to the City of Santa Ana for accounts under collection with the firm. The firm will be entitled to collection fees only if notice was sent to the assigned accounts. The firm will not be entitled to collection fees if payment was submitted to the City and no work was yet done on the assigned accounts.
22. Firm shall collect and deposit payments from customers and on no later than the 20th day of every
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month following collection, submit an ACH deposit to the City for all monies collected in the previous month, less collection fees, along with a report including the account name and number, amount collected and collection fees.
23. Any compromise settlement of principal or charges shall be agreed upon in writing between the firm and the City prior to acceptance.
24. Firm may allow for time payment agreements (payment plans) and may enter into time payment agreements with consumers for any period less than one year without the consent of the City. Any time payment agreement extending beyond one year from the date of initiation of plan or any account owing more than $5,000 must be agreed upon in writing between the firm and the City prior to acceptance.
25. No legal actions shall be taken by the firm without express written consent of the City.
26. Firm shall be solely responsible for any and all costs incurred in and associated with the collection of debts referred to it by the City.
27. In the event of contract termination or the bankruptcy/dissolution of the firm, all accounts and documentation relating to City accounts shall be returned to the City, regardless of status or payment arrangements made with consumers.
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Consultant Agreement_BC Services Collections
- CAO_BCS (002)
Final Audit Report 2025-07-21
Created: 2025-07-21
By: Kristin Andrade ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAakeTXHJOKPYvuY73vkQFY8FbL5H-pxz8 "Consultant Agreement_BC Services Collections - CAO_BCS (0 02)" History
Document created by Kristin Andrade ([email protected]) 2025-07-21 - 5:24:04 PM GMT
Document emailed to Alexander Trinidad ([email protected]) for signature 2025-07-21 - 5:24:22 PM GMT
Email viewed by Alexander Trinidad ([email protected]) 2025-07-21 - 8:15:06 PM GMT
Document e-signed by Alexander Trinidad ([email protected]) Signature Date: 2025-07-21 - 9:11:53 PM GMT - Time Source: server Agreement completed.
2025-07-21 - 9:11:53 PM GMT
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REQU
EST FOR PROPOSALS NO. 25-040
FOR
COLL
ECTION AGENCY SERVICES
CITY OF SANTA ANA
KEY RFP DATES: The schedule below is tentative and subject to change at the discretion of City, with appropriate notice to prospective Proposers.
Issue Da
te: Wednesday, March 12, 2025
Deadline for Questions: Monday, March 24, 2025, 4:00 P.M.
Proposal Due Date: Thursday, April 10, 2025, 4:00 P.M.
EXHIBIT 2
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TABLE OF CONTENTS
I. BACKGROUND ........................................................................................................................... 3 II. OVERVIEW OF PROJECT .......................................................................................................... 3 III. TERM OF AGREEMENT ............................................................................................................ 3 IV. MINIMUM QUALIFICATIONS ...................................................................................................... 3 V. RESPONSE TO RFP .................................................................................................................. 3 VI. CERTIFICATIONS (ATTACHMENTS) ......................................................................................... 8 VII. REFERENCES ............................................................................................................................ 8 VIII. MINIMUM SCOPE AND LIMIT OF INSURANCE ......................................................................... 9 IX. SELECTION PROCEDURES & CRITERIA ................................................................................. 9 X. WITHDRAWALS........................................................................................................................ 10 XI. GENERAL TERMS AND CONDITIONS .................................................................................... 10 XII. AWARD OF AGREEMENT ........................................................................................................ 15 XIII. IMPLEMENTATION ................................................................................................................... 15
EXHIBITS
Exhibits provided herein for Proposers’ reference only.
EXHIBIT I – SCOPE OF SERVICES
EXHIBIT II – SAMPLE AGREEMENT
ATTACHMENTS
A PROPOSER’S CERTIFICATION, PROPOSAL ITEM PRICING
B REFERENCES
C PROPOSER’S STATEMENT
D NON-COLLUSION AFFIDAVIT
E NON-LOBBYING CERTIFICATION
F NON-DISCRIMINATION CERTIFICATION
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I. BACKGROUND
The City of Santa Ana, California, is rich in culture and pride, the county seat of Orange County, and encompasses an area of approximately 27 square miles. For more information, please visit https://www.santa-ana.org/
II. OVERVIEW OF PROJECT
The City of Santa Ana (City) is seeking proposals from qualified firms and organizations (Proposers) to provide general collection services for the City’s delinquent accounts and past due invoices. See EXHIBIT I for the complete Scope of Services.
The term “Vendor”, “Proposer”, “Firm”, “Consultants”, and “Contractor” shall refer to any legal entity or entities submitting a proposal in response to this Request for Proposals (RFP).
III. TERM OF AGREEMENT
The anticipated term of the agreement is for an initial period of three (3) years. The City may, at its discretion, extend the agreement with the same or more limited scope of required services for two (2) additional one -year periods, upon mutual agreement contingent upon City Council approval, or City Manager or City Attorney authorization, as appropriate. The total term of the awarded agreement shall not exceed five (5) years.
Usage is not guaranteed. Execution of an agreement between the City and successful firm(s) and/or individual(s) does not guarantee work throughout the duration of the contract period.
Numerous factors will be evaluated by the City in its delivery of project and assignments, including technical expertise required.
IV. MINIMUM QUALIFICATIONS
1) Contractor must have been in business continuously for the most recent five (5) years prior to the date of this RFP.
2) Minimum three (3) most recent years of experience performing similar services as those detailed in the Scope of Services section of this RFP.
3) The firm must be licensed and in good standing with the State of California’s Department of Financial Protection & Innovation to perform debt collection services.
4) In accordance with the Fair and Accurate Credit Transaction (FACT) Act, the firm must have an identity theft prevention program in place.
V. RESPONSE TO RFP
A. SUBMITTAL INSTRUCTIONS
It is the responsibility of the Proposer to ensure that any proposals submitted have been uploaded to PlanetBids prior to the RFP due date and time. Proposals, including all required sections and forms, shall be submitted electronically via the City’s Bid Management System, PlanetBids. No other form of submittal will be accepted.
PlanetBids will not accept late proposals and no exceptions shall be made. Proposers will receive an e-bid confirmation number with a time stamp from PlanetBids indicating that their City of Santa Ana
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proposal was submitted successfully. The City will only receive and consider those proposals that were transmitted successfully. Submit proposal online at:
http://www.planetbids.com/portal/portal.cfm?CompanyID=20137.
Proposer shall be solely responsible for informing itself with respect to the proper utilization of the bid management system, for ensuring the capability of their computer system to upload the required documents, and for the stability of their internet service. Failure of the Proposer to successfully submit an electronic proposal shall be at the Proposer’s sole risk and no relief will be given fo r late and/or improperly submitted proposals. Proposers experiencing any technical difficulties with the bid submission process may contact PlanetBids at (818) 992 - 1771. Questions of an operational nature may be directed to the City’s assigned Buyer .
Neither the City, nor PlanetBids, makes any guarantee as to the timely availability of assistance, or assurance that any given problem will be resolved by the bid submission deadline.
Proposals shall NOT be sent via telegraphic, electronic, or facsimile means.
All notifications, updates and addenda will be posted online on PlanetBids at https://www.planetbids.com/portal/portal.cfm?CompanyID=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal.
B. COMMUNICATION / CONTACT WITH CITY STAFF
Unless otherwise authorized herein, Proposers who are considering submitting a proposal in response to this RFP, or who submit a proposal in response to this RFP, are only to communicate with the assigned Project Coordinator(s), and no other City staff about this RFP from the date this RFP is issued until a contract is awarded. The City will provide all official communication concerning this RFP in writing via the City’s Bid Management System, PlanetBids.
The City will not be responsible for or bound by any oral communication or any other information or contact that occurs outside the official communication process specified herein, unless confirmed in writing by the designated Project Manager(s).
C. REQUEST FOR INFORMATION OR CLARIFICATION / QUESTIONS Questions regarding this RFP shall be submitted via PlanetBids. Responses to all questions will be posted on PlanetBids no later than the date and time shown at the schedule of key RFP dates on the cover page of this RFP. All prospective Proposers are advised to visit PlanetBids on a regular basis as responses may be posted earlier than the date above (if applicable). No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP.
Significant interpretations or clarifications and responses to questions received by the deadline will be addressed via addenda to this RFP, which will be released and posted on PlanetBids under the “Addenda/Emails” tab.
General process questions may be directed to the following:
Jacques Lam
Buyer
[email protected]
City of Santa Ana
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D. EXCEPTIONS
Requests submitted for City’s consideration of proposed terms and conditions, including modifications to the City’s RFP and/or Contract terms and conditions must be submitted by the deadline for questions. Such requests should include an attachment in Word or PDF format on formal company letterhead that shows the requested modifications. Should the Proposer be considered for award recommendation and progress i nto the negotiations phase, the requests for exceptions or modifications to the City’s terms and conditions will be discussed at that time. The City will not accept any requests after the deadline for questions and reserves the right to reject or strike any requests for exceptions or additional terms and conditions related to Agreement, RFP, and insurance and indemnification terms and conditions.
E. ADDENDA
Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on City’s PlanetBids system, https://www.planetbids.com/portal/portal.cfm?CompanyID=20137.
Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation.
F. UNDERSTANDING PROPOSAL
It is the responsibility of each Proposer to inquire about any criteria, condition, term, provision, or requirement of the RFP that the Proposer does not understand. Responses to inquiries, if they significantly change or clarify the RFP requirements or any aspect of the procurement process, will be forwarded by addenda to all Proposers. The City will not be bound by any oral responses to inquiries. By submitting proposals, Proposers assert that they have fully read the RFP and any addenda issued by the City, the proposed Contract and any other Contract Documents, and affirm that the terms and conditions stated therein are fully understood and are acceptable to the Proposer. Each Proposer accepts the terms and conditions of the Contract Documents and indicates their ability and willingness to perform the requested services under such terms and conditions. Any exceptions to the terms and conditions set forth in the Contract Document shall be submitted to the City by the deadline to submit requests for information or clarification/questions set forth herein.
G. PROPOSAL CONTENTS
Proposals are to be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Colored displays, promotional materials, photographs etc., are not necessary or desired. Emphasis should be concentrated on conformance to RFP instructions, responsiveness to the RFP requirements, and on completeness and clarity of content. Digital dividers and clear organization of content and material are encouraged.
1. Statement of Qualifications (SOQ)
SOQ must include a Table of Contents and be limited to a maximum of 20 pages (excluding City’s required Certifications listed in Section VIII below; Proposal Cover Letter, section dividers, table of contents, front/back cover pages ). The page limitation includes all appendices, attachments, and supplemental information. Additionally, SOQ must include the following:
a. Cover Letter
Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. Include type of business entity.
Cover Letter shall not exceed one page.
City of Santa Ana
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Cover letter must be addressed to the following City Project Manager:
Alejandra Gutierrez, Treasury and Customer Services Manager and Robert Zubiate, Senior Management Analyst
City of Santa Ana – Finance & Management Services Agency 20 Civic Center Plaza, M-15
Santa Ana, CA 92701
b. Services Provided
A description of proposed services to be provided and how they meet the needs of the City as described in Exhibit I – Scope of Services.
c. Agreement Statement
Proposal shall include a statement outlining your concurrence or reference to concerns previously submitted with any and all provisions as contained in EXHIBIT II – Sample Agreement of this RFP (if any).
d. Firm and Team Experience
Proposal shall include a profile of the firm’s experience including the following:
i. A general description of the firm, including size and number of employees working directly with the City on this agreement, and the firm’s Nationwide Multistate Licensing System (NMLS) ID number.
ii. Firm’s nearest address serving the City of Santa Ana and headquarters address.
iii. Name and contact information of the supervising Project Manager/Principal Agent, to be assigned to the agreement. The Project Manager/Principal Agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited to an interview. iv. Resumes for all key staff proposed describing relevant experience.
e. Proposed Work Plan
Proposal shall include a statement demonstrating the firm’s understanding of the Scope of Services and the ability of the firm to make collections in all fifty states, in addition to the firm’s ability to file reports with all three national credit bureaus.
Additionally, proposed work plan shall include Proposers’:
i. Anticipated approach to performing services as specified herein; ii. Suggestions or special concerns the evaluation committee should take into consideration (if any);
iii. Description of deliverables and implementation plan. Proposer shall submit a general description of the deliverables, implementation plan, and timeline. iv. D escription of the methodology that w ill be followed in carrying out the responsibilities outlined in Exhibit I – Scope of Services. Clearly describe all collection services proposed for the City. As a part of the description, identify the responsibilities of the City and the responsibilities of the firm. Also, describe the coordination required between the customer, the City, and the firm if an City of Santa Ana
RFP No. 25-040