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AGREEMENT WITH ROMO ENTERPRISES, INC. FOR
DOWNTOWN SANTA ANA CLEAN & SAFE TEAM
THIS AGREEMENT is made and entered into on this 20th day of January, 2026 by and between Romo Enterprises Inc. dba DTSA Services, 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 July 14, 2025, the City issued Request for Proposal No. 25 -097 (“RFP”), by which it sought qualified contractors to provide special skill and knowledge in the field of:
Downtown Santa Ana Clean & Safe Team that will manage daily operations that include litter maintenance, special event litter clean - up, cleaning of city -owned infrastructure (benches, bollards, light poles, etc.), clean alleys, power wash, street closures for city - sponsored special events, and security guard oversight.
B. Contractor submitted a responsiv e proposal that was 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 the RFP.
C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such 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
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, that was included in the RFP, and incorporated in full, and as more specifically delineated in Contractor’s proposal, which is attached as Exhibit B , attached hereto and incorporated by reference.
a. Work/Change Orders: During the term of this Agreement, Ci ty may provide to Contractor one or more written work orders, change orders, delivery tickets, or other instruments, requests or established procedures with Contractor, which shall act to require Contractor to supply or perform those services. Each request , regardless of form, shall be deemed a work/change order governed by and subject to the terms and conditions of this Agreement.
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2. COMPENSATION
a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit C. The total amount to be
expended during the defined term of this Agreement, including any extension which may be exercised per Section 3, below, shall not exceed $3,501,682. 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.
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 subcontractors to agree in writing that City is granted a non -exclusive and perpetual license for any Documents & Data the sub contractor prepares under this Agreement.
Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in
3. TERM
This Agreement shall commence on March 1, 2026 and shall continue for a one (1) year term with the option for the City to grant up to two (2) one (1) year extensions, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below.
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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 Exhibit D.
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 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 EXHIBIT 3
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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 EXHIBIT 3
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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 EXHIBIT 3
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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, Community Development Agency
City of Santa Ana
20 Civic Center Plaza (M-25)
P.O. Box 1988
Santa Ana, California 92702
To Contractor:
Jose Romo
General Manager
Romo Enterprises Inc. (DBA DTSA Services)
201 E. 4th Street
Santa Ana, CA, 92701
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, wit h 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, add ressed 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]
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EXHIBIT A
SCOPE OF SERVICES
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CITY OF SANTA ANA
RFP No. 25-097 Downtown Santa Ana Clean & Safe Team 15
Downtown Santa Ana Clean &Safe Team
Santa Ana is downtown for the world- famous Orange County, California. It is the County Seat, the second-most populous city in Orange County, and is home to a vibrant evening scene and arts community. Furthermore, Downtown Santa Ana (DTSA) is known as a foodie destination as well as a retail hub. There are over 700 businesses and more than 3,000 residents in DTSA. Below is a map of the Downtown area. The City is seeking competitive proposals and is open to negotiations.
Scope of Services At-a-Glance
1. Staffing
2. Security Guard Oversight
3. Litter/Maintenance
4. Clean Alleys
5. Clean & Empty Trash Cans
6. Clean Outdoor Benches, Bollards, & Light Poles
7. Clean Parklets
8. Special Events: Litter Clean-Up/Maintenance
9. Special Events: Street Closures
10. Power Wash Services
11. Equipment, Supplies & Facilities
Contractor shall perform the services as set forth below.
EXHIBIT I
SCOPE OF SERVICES
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RFP No. 25-097 Downtown Santa Ana Clean & Safe Team 16
1. Staffing
a. St
affing should be experienced in the cleaning/maintenance industry with proper uniforms and equipment to execute the service well with experience working in downtown areas and government.
b. Cl
ean & Safe Team staff must be readily available during business hours within 5- 10 minutes, upon service calls from merchants, visitors, residents, and staff. c. Super
visor must be onsite and respond in person within five (5) minutes to any calls for service by the City, during business hours.
d. Supervisor must attend weekly meetings at City Hall or other designated locations. e. Supervisor must be involved in the planning stages of all events taking place in DTSA and provide logistics support.
f. Sufficient staff levels should be made available on a daily basis. g. A supervisor must be available during normal business hours between 8 A.M. – 5 P.M. (Monday – Saturday) and every holiday except for Thanksgiving and Christmas and must be accessible after hours in case of an emergency or urgent situation. Supervisor must also be available during special events (off hours) to ensure proper supervision, productivity, and to maintain quality of service. Special events typically occur on weekends and/or evening hours.
i. The
Clean Team will observe the following holidays: Thanksgiving Day, Christmas Day, New Year's Day.
h. From t
ime to time, staff should be available as needed during normal business hours and after hours to distribute flyers in DTSA on behalf of the City for programs, events, etc. i. St
affing schedules may vary based on City needs and/or special events, but in general should be available before most businesses open in order to clean DTSA as early as possible. The schedule below has historically been successful, but can be modified upon mutual agreement based on service needs during the term of the contract:
i. Lit
ter Team: Monday – Sunday 7:00 AM – 9:00 PM
ii. Power Washing Team: Monday – Sunday 4:00 AM – 10:00 PM
2. Security Guard Oversight
a. Contractor must have experience supervising a security guard team. b. Will assist in coordinating, securing, and c ompensating additional or on-c all security guards
for special events or emergencies or as needed with approval by the City. c. The
selected contractor for the DTSA Clean & Safe Team will be solely responsible for procuring,
hiring, compensating and overseeing the security guard company for the duration of
the contract. The agreement will be augmented to cover the cost of security guard services.
d. Subcontracting for security guard services is acceptable. Contractor shall require and verify
that all subcontractors maintain insurance meeting all the requirements stated herei
n within the Agreement with DTSA Services for Downtown Santa Ana Clean & Safe Team, and Contractor shall ensure that the City is a named additional insured on EXHIBIT 3
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RFP No. 25-097 Downtown Santa Ana Clean & Safe Team 17
insurance policies required from subcontractors.
e. Security Guard services in DTSA consist of guard services seven (7) days per week, one (1) security guard per shift, based on the schedule outlined below (subject to change based on need and/or special events):
i. Monday-Wednesday 9:00 AM–10:00 PM
ii. Thursday 9:00 AM—10:00 PM
iii. Friday 9:00 AM—12:00 AM (midnight)
iv. Saturday 9:00 AM—12:00 AM
v. Sunday 10:00 AM—10:00 PM
3. Litter/Maintenance
a. “Litter” is defined as, but is not limited to:
i. Boxes;
ii. Cans;
iii. Papers
iv. Containers marked “trash” (or are obviously trash); v. Unwanted or useless materials, or rejected matter.
b. “Waste” includes, but is not limited to:
i. Gum;
ii. Food remains;
iii. Sewage
iv. Excrement;
v. Grease;
vi. Dust;
vii. Dirt;
viii. Decals
ix. Liquid or dried matter; and
x. Oily or sticky substances
c. Remove litter from all outside surfaces including, but not limited to, sidewalks, curbs, and tree grates. All litter from such surfaces shall be removed from the area and emptied into a designated trash dumpster or receptacle in such a manner as to prevent the adjacent area from becoming littered by such trash.
d. Waste shall be removed from all outside surfaces including, but not limited to, sidewalks, curbs, tree grates, and trash receptacles. All waste from such surfaces shall be removed from the area and emptied into a designated trash dumpster or receptacle in such a manner as to prevent the adjacent area from becoming soiled by such waste. Waste removal shall be accomplished by the complete and thorough removal of said substances from the area—not by moving it from one surface to another or covering said substances with sand or similar materials.
4. C
lean Alleys
a. Alleys shall be clear of trash, waste, shopping carts, pallets, leaves, and excrement.
Shopping carts shall be picked up and taken to shopping center parking lot. Boxes shall be flattened and placed securely in trash container in such a manner as to not protrude EXHIBIT 3
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excessively. Excrement shall be picked up and disposed of properly, and area washed down with proper germicidal solution.
b. Downtown Alley Locations:
i. 100 East Fourth Street (south alley)
ii. 200 East Fourth Street (south alley)
iii. 300 East Fourth Street (north and south alley)
iv. 100 West Fourth Street (south alley)
v. 200 West Fourth Street (south alley)
vi. 300 West Fourth Street (south alley)
vii. 400 West Fourth Street (south alley)
5. Clean & Empty Trash Cans
a. All 90+ trash containers within the downtown business district shall be emptied and cleaned at least five (5) times per day, every day. Trash including, but not limited to, boxes, cans, papers, and other containers marked “trash” (or clearly trash items) shall be removed, along with the liner. All trash from such garbage receptacles shall be removed from the downtown district and emptied into a designated trash dumpster or receptacle in such a manner as to prevent the adjacent area from becoming littered by such trash.
b. Any trash containers that may become filled prior to the scheduled routing cleaning, particularity between the hours of 11:00 AM and 4:00 PM daily, shall be emptied as needed. Trash containers should never have accumulated trash or waste above the level of the container. Whether full or not, container shall be emptied and cleaned if it is omitting a foul, rancid, or putrid odor or showing signs of insect or rodent infestation. c. Insert new liners into trash containers, securing said liners in such a manner as to present a neat uniform appearance and replacing container lids in their correct position. d. Remove all waste including, but not limited to, gum, food remains, sewage, excrement, grease, dust, dirt, decals, liquids, dried matter, oily or sticky substances , etc. from the surface of trash containers using a clean cloth or rag, and germicide detergent solution.
Cleaning shall be accomplished by the complete and thorough removal of said substances from the area—not by moving it from one surface to another or covering said substances with sand or similar materials. This includes, but is not limited to, the cleaning of the immediate area surrounding the trash containers.
6. C
lean Outdoor Benches, Bollards, & Light Poles
All benches, bollards and light poles within the area shall be cleaned on a regular basis using clean cloths and a detergent solution. Remove all waste including, but not limited to, gum, food remains, excrement, grease, dust, dirt, litter, liquids, dried matter, decals, sticky substances, etc. leaving object in working condition. The immediate area surrounding the object shall be cleaned in the same manner.
7. Clean Parklets
a. Pick-up litter and waste seven (7) days per week on an average of 40 hours per week.
b. Litter and waste shall be removed from all outside surfaces including, but not limited to, EXHIBIT 3
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sidewalks, curbs, and store entries. All litter from such surfaces shall be removed from the area and emptied into a designated trash dumpster or receptacle in such a manner as to prevent the adjacent area from becoming littered by such trash. Wipe down parklet structure on a daily basis.
c. Conduct light power washing of the parklets on an as needed basis. “Light Power wash” is defined as the simultaneous mechanical removal of materials or pollutants from the surface for the pavement, through application of water under pressure with elevated temperatures used in the cleaning process and collection of waste and water (light pressure, only to be done in spots or areas of need, conducted minimally).
d. Process used shall leave the area clean and free from stains and of all loose, embedded materials including chewing gum. The cleaning process must not damage the concrete surfaces or the brick paver surface. All gum must be removed from the paver, concrete and other sidewalk surfaces.
e. Parklets Locations:
i. Bird & Barrel at 305 E. 4
th Street Suite 105 – Parklet with shade sail; 609 square feet ii. Frida Cinema at 305 E. 4th Street Suite 100 – Parklet with shade sail iii. 4th Street Market at 201 E. 4th Street – Parklet with shade sail iv. Chapter One at 227 N Broadway – Parklet with shade sail v. Las Cazuelas at 312 N. Bush Street – 420 square feet vi. Festival Hall at 220 E. 3rd Street – 320 square feet vii. El Indio at 309 W. 3rd Street – 240 square feet
f. For invoicing purposes, a "Clean Parklets" Section may be added under Litter Pick-Up & Maintenance.
8. Special Events: Litter Clean-Up/Maintenance
a. Clean & Safe Team will provide litter clean- up/maintenance services for designated special events that are approved by the City.
i. DTSA Services shall provide litter clean-up and street closure services for up to five (5) City-approved events annually, as designated by the Project Manager.
b. Provide litter clean- up for on- call situations after special events that do not provide adequate clean-up, must be approved by the City.
9. Special Events: Street Closures
a. Provide street closure services with approved Traffic Control Plans as approved by Public Works Agency for special events approved or co- sponsored by the City. The City owns various street closure equipment and signs which may be available for Contractor’s use upon coordination.
i. DT SA Services shall provide litter clean-up and street closure services for up to five (5) City-approved events annually, as designated by the Project Manager. b. Set up water-filled k-rails, barricades, traffic cones, traffic signs, A-frames, and ensure safe street closures.
c. Remove street closure equipment, track inventory, and properly store equipment in storage areas.
d. Contractor must be capable of creating Traffic Control Plans to be reviewed and stamped by a traffic control engineer for any street closure needed in DTSA. e. Contractor must have experience to perform street closure services.
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f. Special event street closures often occur during the early part of the morning and late at night, sometimes between 4:00 AM or 5:00 AM and removal of equipment at 11:00 PM to 2:00 AM. Noise levels must be maintained to a minimum after 10:00 PM.
10. Power Wash Services
a. “Power wash” is defined as the simultaneous mechanical removal of materials or pollutants from the surface for the pavement, through application of water under pressure with elevated temperatures used in the cleaning process and collection of waste and water.
b. Process used shall leave the area clean and free from stains and of all loose, embedded materials including chewing gum. The cleaning process must not damage the concrete surfaces or the brick paver surface. All gum must be removed from pavers, concrete, and other sidewalk surfaces.
c. Sidewalks: All gum, dirt, grime, oil, stains and other fluids shall be removed from the sidewalls by using power washing equipment.
d. Power wash alleys: Alleys are to be cleaned of a debris, bum, dirt, grime, oil, stains and other fluids.
e. Subcontracting for power washing services is acceptable. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein within the Agreement with DTSA Services for Downtown Santa Ana Clean & Safe Team, and Contractor shall ensure that the City is a named additional insured on insurance policies required from subcontractors.
f. Contractor may use water from City -owned facilities within Downtown Santa Ana for the purpose of cleaning or traffic control equipment
g. The following are alley locations within the Downtown:
• 100 East Fourth Street (south alley)
• 200 East Fourth Street (south alley)
• 300 East Fourth Street (north and south alley)
• 100 West Fourth Street (south alley)
• 200 West Fourth Street (south alley)
• 300 West Fourth Street (south alley)
• 400 West Fourth Street (south alley)
• 2
nd Street Promenade; refer to yellow highlighted area in map below:
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11. Equipment, Supplies & Facilities
a. Contractor must have the following at minimum:
i. Two (2) 4-cubic yard waste containers; and
ii. One (1) 4-cubic yard recycle container.
Note: All three (3) 4-cubic yard containers must be kept in a safe and enclosed location in Downtown Santa Ana.
b. Contractor may purchase equipment and supplies such as:
• Street closure equipment
• Supplies
• Materials
• Signs
• Pedestrian control equipment
• Trash cans
• Contractor may list additional equipment and supplies in proposal c. Trash must be serviced daily by Republic Services (City’s contracted trash hauler) and at Contractor’s expense. The City’s trash dumpster shall not be used. d. Contractor must have at least one truck available every day from 7:00 AM to 9:00 PM for staff use to transport bags full of trash to waste containers.
e. Contractor must have a storage space in DTSA to store cleaning equipment and supplies (leased space is appropriate). Storage space must be secured and maintained at Contractor’s sole expense
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EXHIBIT B
PROPOSED WORK PLAN
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EXHIBIT C
COMPENSATION
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Exhibit C - Budget
Downtown Clean & Safe
3 Year Term 2026-2029
Contract
Year Fiscal Year Term # of Months Starting Amount 5% CPI 10% Contingency Annual Total w CPI & Co
ntingency
Monthly Total & Months in
Fiscal Year
FY 25-26 March 2026 - June 2026 4 1,009,785$ -$ 100,979$ 1,110,764$ 370,255$ FY 26-27 July 2026 - Feb 2027 8 1,009,785$ -$ 100,979$ 1,110,764$ 740,509$ FY 26-27 March 2027 - June 2027 4 1,009,785$ 50,489$ 106,027$ $ 388,767 1,166,301 $ FY
27-28 July 2027 - Feb 2028 8 1,009,785$ 50,489$ 106,027$ $ 777,534 1,166,301 $ FY
27-28 March 2028 - June 2028 4 1,060,274$ 53,014$ 111,329$ 1,224,617$ 408,206$ FY 28-29 July 2028 - Feb 2029 8 1,060,274$ 53,014$ 111,329$ 1,224,617$ 816,411$ 36 3,079,844$ 103,503$ 318,335$ 3,501, 682$ 3,501, 682$ Year 1
Year 2
Year 3
Totals
EXHIBIT 3
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EXHIBIT D
INSURANCE REQUIREMENTS
EXHIBIT 3
EXHIBIT D
Insurance Requirements
EXHIBIT D
Contractor shall procure and maintain for the duration of the agreement, the following insurance coverages:
MINIMUM SCOPE AND LIMIT OF INSURANCE
Contractor shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as:
• Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and comp leted operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate.
• Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of $1,000,000. In the event Contractor does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance with existing limits, which can be lower than $1,000,000. • Workers’ Compensation (WC): as required by the State of California, with statutory limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident, per employee, per po licy for bodily injury or disease. This requirement can be waived if Contractor has no employees.
If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. CGL and AL policies: City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, equipment, and personnel furnished in connection with such work or operations.
2. CGL, AL, and WC policies: 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 Contractor for City.
3. All required insurance policies: For any claims related to this contract, Contractor’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it.
4. All required insurance policies: 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.
5. Each insurance policy 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.
EXHIBIT 3
EXHIBIT D
Insurance Requirements
EXHIBIT D
6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Savannah Spicer, 20 Civic Center Plaza, M-25, Santa Ana, CA 92701. The name and location of event should 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. City may require Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
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.
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) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive 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.
Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
1. The retroactive date must be shown and must be before the date of the contract or the beginning of work.
2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, Contractor must purchase “extended reporting” coverage for a minimum of three (3) years after completion of work.
Subcontractors
Contractor shall require and verify that all sub -contractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from sub-contractors.
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.
EXHIBIT 3