Agenda packet, first session — Santa Fe Springs City Council, October 15, 2024 (part 3 of 4)

Printed 09/05/2024
PlanetBids
Docusign Envelope ID: 14AAD045-B2F8-4F77-BB43-D7B12014867B City of Santa Fe Springs
Printing, Graphic Design, and Mailing Services (RFP 25-2), bidding on 09/05/2024 2:00 PM (PDT)

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Printed 09/05/2024
PlanetBids
Docusign Envelope ID: 14AAD045-B2F8-4F77-BB43-D7B12014867B

EXHIBIT B
CONSULTANT’S PROPOSAL
Docusign Envelope ID: 14AAD045-B2F8-4F77-BB43-D7B12014867B REQUEST FOR PROPOSALS No. 25 - 2
Printing, Graphic Design,
and Mailing Services
Issue Date: Thursday, August 1, 2024
Questions Due Date: Tuesday, August 20, 2024 at 2 pm PDT Proposal Due Date: Thursday, September 5, 2024 at 2 pm PDT Docusign Envelope ID: 14AAD045-B2F8-4F77-BB43-D7B12014867B RFP 25-2 Printing, Graphic Design, and Mailing Services 2 (THIS PAGE INTENTIONALLY LEFT BLANK)
Docusign Envelope ID: 14AAD045-B2F8-4F77-BB43-D7B12014867B RFP 25-2 Printing, Graphic Design, and Mailing Services 3 TO PROSPECTIVE PROPOSERS
The City of Santa Fe Springs (“City”) invites proposal submissions under this Request for Proposals (“RFP”). The City will evaluate responses to this solicitation to determine qualifications. Submissions must adhere to the format and content described. Only proposals that adhere to the requirements will be evaluated. The information set forth is the minimum required to qualify for consideration. The successful Proposer will be required to enter into an agreement based on the specifications outlined in this RFP.

DATE OF SOLICITATION
August 1, 2024

PROJECT
Printing, Graphic Design, and Mailing Services

PROPOSAL OWNER
City of Santa Fe Springs – Department of Finance
11710 Telegraph Road
Santa Fe Springs, CA 90670
Attn: Lana Dich, Director of Finance
Contact Phone: (562) 858 - 0511
Contact Email: [email protected]

PROPOSAL CONTACT
City of Santa Fe Springs – Department of Finance
11710 Telegraph Road
Santa Fe Springs, CA 90670
Attn: Micah Herd, Procurement Manager
Contact Phone: (562) 858 - 0511
Contact Email: [email protected]
Any questions about this RFP should be submitted via the City's PlanetBids Portal by Tuesday, August 20, 2024, at 2 pm PDT. Proposals must be submitted by Thursday, September 5, 2024, at 2 pm PDT. Prospective proposers must register their business with PlanetBids before being able to submit questions and/or proposals.

To access the City's PlanetBids Portal, please go to:
https://pbsystem.planetbids.com/portal/65093/portal-home Docusign Envelope ID: 14AAD045-B2F8-4F77-BB43-D7B12014867B RFP 25-2 Printing, Graphic Design, and Mailing Services 4 CONTENTS
I. Notice Inviting Proposals..........................................................................................................5 II. Introduction..................................................................................................................................6 III. About the City of Santa Fe Springs........................................................................................6 IV. Timeline .........................................................................................................................................6 V. Scope of Work .............................................................................................................................7 VI. Qualifications and Requirements ...........................................................................................8 VII. Proposal Submittal .....................................................................................................................9 VIII. Proposal Content and Format .................................................................................................9 IX. Evaluation Criteria ....................................................................................................................10 X. Proposal Protests .....................................................................................................................11 XI. Execution of Agreement..........................................................................................................12 XII. Insurance Requirements.........................................................................................................13 XIII. Business License Requirement ............................................................................................15 XIV. Use of Federal Funds...............................................................................................................16 XV. Non-Commitment of City ........................................................................................................16 XVI. Labor Requirements.................................................................................................................16 XVII. Records .......................................................................................................................................17 XVIII. Use of Subcontractors.............................................................................................................17 XIX. Modifications/Changes............................................................................................................17 XX. Disclosure of Information .......................................................................................................17 XXI. Ex-Parte Communications......................................................................................................18 XXII. General Rights of the City ......................................................................................................18 Docusign Envelope ID: 14AAD045-B2F8-4F77-BB43-D7B12014867B RFP 25-2 Printing, Graphic Design, and Mailing Services 5 I. Notice Inviting Proposals
The City of Santa Fe Springs seeks proposals from qualified vendors to provide printing, graphic design, and mailing services following the specifications, terms, and conditions identified in Request for Proposals (RFP) No. 25 - 2. Prospective respondents are advised to carefully read information related to this opportunity before submitting a response.

To view the complete RFP package, please visit:
https://vendors.planetbids.com/portal/65093/bo/bo-detail/119080

Prospective vendors must register with PlanetBids before being able to view all documentation or submit a response.

Questions must be submitted by Tuesday, August 20, 2024, at 2:00 pm PDT. *****QUESTIONS MUST BE SUBMITTED VIA PLANETBIDS*****
Proposals must be submitted via PlanetBids by Thursday, September 5, at 2:00 pm PDT. Responses to this RFP will be evaluated to determine the firm that is the most qualified and responsive to the requirements. Responses must adhere to the format and content described in the RFP.

Docusign Envelope ID: 14AAD045-B2F8-4F77-BB43-D7B12014867B RFP 25-2 Printing, Graphic Design, and Mailing Services 6 II. Introduction
The City of Santa Fe Springs, hereinafter referred to as “City”, invites proposals from qualified vendors to provide printing, copying, graphic design, and other related services.

The needs of the City are diverse, including small and large jobs, and requests will occasionally be time-sensitive. The items and services obtained will be used for internal and external correspondence.

Through this solicitation, the City seeks to establish a three (3) year agreement, with an option to extend for two (2) additional, one (1) year terms. To ensure the availability of services, the City may choose to award multiple vendors through this solicitation.

III. About the City of Santa Fe Springs
Santa Fe Springs is located in the southeast of the County of Los Angeles. Though incorporated in May 1957, the City's history dates back to 1871 when Dr. James E. Fulton came to the area and discovered a sulfur spring that was later developed into a health spa. Today, the City has approximately 18,800 residents and over 3,000 businesses.

The City provides a full range of municipal services, including police and fire, street maintenance, water utilities, recreational services, public library, and cultural events.

Additionally, the City is responsible for two (2) other legally separate entities, which include the Successor Agency to the Redevelopment Agency and the Housing Successor Agency to the Housing Authority.

The City has a vision statement that affirms, "The City of Santa Fe Springs is a great place to live, work, and play." Its mission statement is, "The City of Santa Fe Springs is committed to enhancing the quality of life of its residents and businesses by providing a safe environment, a thriving business community, quality family, youth, and senior services, and sound financial management of the community's resources." The guiding values are as follows:
 Personal integrity, honesty, and ethics
 Public service
 Compassion
 Responsibility, accessibility, and accountability
 Dedication
IV. Timeline
 Release RFP Thursday, August 1, 2024
 Online Q&A Deadline Tuesday, August 20, 2024, 2 pm PDT  Deadline to Submit Responses Thursday, September 5, 2024, at 2 pm PDT  City Review of Submissions Mid-September 2024
 Interviews TBD (If Necessary)
 Notifications Sent to Consultants Late September 2024/Early October 2024  Award Mid-October 2024
Docusign Envelope ID: 14AAD045-B2F8-4F77-BB43-D7B12014867B RFP 25-2 Printing, Graphic Design, and Mailing Services 7 V. Scope of Work
General Service Description
The City is seeking vendors to create and produce various materials for internal and external use by residents, employees, members of the business community, and other community members using traditional print, the City website (santafesprings.org), and social media platforms (e.g., Facebook, X (formerly Twitter), Instagram, YouTube, and LinkedIn). These outreach materials include, but are not limited to:
 Letters
 Newsletters
 Brochures
 Flyers
 Business Cards
 Postcards
 Banners
 Signs
 Bound Books (e.g., Annual Financial Report, Budget Book)  Apparel/Promotional Items
 Content for Website Posting
The selected vendors will provide printing, graphic design, and mailing services for the items above on an as-needed basis. Vendors will process job orders as assigned by designated staff within each City department.

To assist with assessing workload type and volume, a table that identifies the items, services, and estimated annual quantities can be found by visiting PlanetBids and reviewing the posting associated with this RFP (see the "Line Item" tab). Please note that this is a partial list but represents most of the items and services the City typically requests. Needs and specifications may vary and are subject to change at any time.

Furthermore, the City does not commit to purchasing a specific quantity of any item or service. The amounts listed are annual estimates. City staff submitting service requests will determine the necessary quantity when the order is placed.

Vendors are invited to provide pricing for all or some items and services listed. Please note that preference will be given to vendors who submit the most comprehensive list.

All print and copy-produced materials must be of commercially acceptable quality. Work must be appropriately aligned, free of fading or smearing, of the correct color, and packaged to protect documents from damage in transit and delivery. Vendor mistakes or products of unacceptable quality must be corrected at no cost to the City.

In developing a response to this solicitation, vendors should remember that the City is committed to environmental sustainability. Vendors should be prepared to demonstrate how they maximize the use of recycled content in their paper products, including 100% post-consumer recycled content, with a preference for Green Seal Certified (GSC) paper when available.

Docusign Envelope ID: 14AAD045-B2F8-4F77-BB43-D7B12014867B RFP 25-2 Printing, Graphic Design, and Mailing Services 8 Additional Services
Mailing Services
Some printing materials, such as newsletters and postcards, may require mailing.

Vendors are asked to provide pricing for mailing and postage associated with those items.

Graphic Design Services
While the City retains staff who can provide most graphic design services, there may be some occasions where graphic design services are required in association with this service. Vendors must provide their pricing for graphic design on a perhour basis.

Delivery/Installation/Set-Up Services
The City may require delivery and set-up services for some items. These will be conducted within the City of Santa Fe Springs limits. The following is a list of locations where most services will occur. This list is subject to change as locations may be added or removed as pick-up and delivery locations.

Location Name Address
City Hall 11710 Telegraph Road
Santa Fe Springs, CA 90670
City Library 11700 Telegraph Road
Santa Fe Springs, CA 90670
Police Service Center 11576 Telegraph Road
Santa Fe Springs, CA 90670
Municipal Services Yard 12636 Emmens Way
Santa Fe Springs, CA 90670
Gus Velasco Neighborhood Center/Park 9255 Pioneer Boulevard Santa Fe Springs, CA 90670
Activity Center 11155 Charlesworth Road
Santa Fe Springs, CA 90670
Fire and Rescue 11300 Greenstone Ave
Santa Fe Springs, CA 90670
VI. Qualifications and Requirements
Vendors must clearly demonstrate how they meet the minimum qualifications to be considered. The following is a list of the City's requirements:
 Minimum five (5) years of experience with printing and mailing services, website services, translation, and/or graphic design
 Minimum three (3) years of experience providing similar services to a public agency of similar size and functionality as the City of Santa Fe Springs  A web-based platform to request business card orders is preferred  Ability to provide same-day service if the volume of the request is reasonable and sufficient notice is provided
Docusign Envelope ID: 14AAD045-B2F8-4F77-BB43-D7B12014867B RFP 25-2 Printing, Graphic Design, and Mailing Services 9  Vendors must provide quotes based on the proposed fee schedule if requested by departments
 Must have the ability to provide mail services if requested Vendor should describe their experience and qualifications in their proposals to confirm that the above minimum requirements have been met. This should be detailed within their proposal within the section regarding Relevant Experience (See this RFP document, Section VIII – Proposal Content and Format for additional details) VII. Proposal Submittal
Please see Section VIII – Proposal Format and Content - for specific details regarding the information that needs to be included in your submission. Failure to provide all requested information may be considered “non-responsive” and rejected.

Responses to this RFP must be submitted electronically via the City's PlanetBids Portal by the deadline. Any responses transmitted and/or time-stamped after the deadline will not be accepted. Vendors should plan to submit responses to this request well before the deadline to avoid technical difficulties/errors.

VIII. Proposal Content and Format
Proposal Content
Firms shall be responsible for preparing a compelling, clear, and concise proposal. The City is requesting proposals, which contain, at a minimum the following information:

A. Letter of Interest - Please include a letter expressing your interest in being considered for the project. Include a statement regarding availability to dedicate time, personnel, and resources to this effort.

B. Vendor Questionnaire – Review and complete the questionnaire (Attachment A – Vendor Questionnaire). This document must be returned with your proposal.

C. Project Understanding and Approach – Include a statement demonstrating your understanding of the City's needs. Describe your general approach to providing services successfully, including methodologies and technologies you would employ. Describe anything you expect the City to provide.

D. Relevant Experience – Include information describing your experience providing similar services for public agencies. Using Attachment B – References, please give contact information for at least three (3) public entities that the City may contact. At a minimum, the City seeks references that can provide details about recent projects (i.e., completed within the last three (3) years) of similar size, scope, and complexity.

E. Conflict of Interest Statement - The Vendor shall disclose any financial, business, or other relationship with the City that may have an impact upon the Docusign Envelope ID: 14AAD045-B2F8-4F77-BB43-D7B12014867B RFP 25-2 Printing, Graphic Design, and Mailing Services 10 selection process. If the Vendor has no such conflicts, a statement declaring such should be included in their submission.

F. Cost Proposal (“Line Items” Tab in PlanetBids) – Please submit your pricing for the requested items and services by visiting the City’s PlanetBids Portal, finding the associated RFP, and clicking the “Line Item” tab. Vendors are invited to submit for all or some of the items and services listed. Keep in mind, vendors proving the most comprehensive list will receive preference.

Proposal Format
To facilitate the evaluation process, all responses are required to adhere to the following format requirements. The City strongly encourages respondents to thoroughly review their proposals before submission to ensure they adhere to the requirements. If the proposal is not formatted or does not include all the listed items/sections, it may be deemed non-responsive.

Responses shall not exceed twenty (20) pages when printed on 8-½ -11-inch paper. Font Times New Roman Font (preferred), 12pt font size. The twenty (20) page requirement does not include a cover letter/letter of transmittal or any items included as additional attachments. Proposals should also include the following:

A. Title Page showing the request for proposals subject; the Vendor's name; the name, address, email, and telephone number of the contact person; and the date of the proposal.

B. Table of Contents identifying the items/section listed in the “Proposal Content” section of this RFP.

C. Proposal details following the order set forth in the "Proposal Content and Format" section of this RFP.

IX. Evaluation Criteria
The City will establish an evaluation committee to review and rate each proposal. The proposal evaluation process will be conducted using a multi-step method, which will include the following steps:

A. Preliminary Proposal Review - The evaluation committee will review each submission to ensure adherence to the minimum/proposal format requirements.

B. Proposal Evaluation - In the second part of this process, the evaluation committee will review and rate proposals based on the following:

1. Proposed fees for services (40 points)
 Proposed fees are reasonable
Docusign Envelope ID: 14AAD045-B2F8-4F77-BB43-D7B12014867B RFP 25-2 Printing, Graphic Design, and Mailing Services 11 2. Experience of Firm and Project Personnel (30 points)  Experience, resources, and qualifications of the firm and assigned individuals to perform tasks identified in the scope of work

3. References Checks (20 points)
 Good reference checks from primary and/or secondary sources

4. Responsiveness to RFP (10 points)
 Compliance with the required format
 Offered new/innovative services, suggestions
Local Vendor Preference
The City is prioritizing local vendors for this solicitation. Eligibility for being considered a local business is based upon physical location within the city limits. To be considered, vendors must submit a copy of their current City of Santa Fe Springs business license listing an address with the city limits. Vendors confirmed to be within the City will be given an additional five (5) points in the evaluation score.

Vendors outside the City of Santa Fe Springs are still highly encouraged to submit a response.

Interviews
If necessary, the City may require the top-rated proposers to participate in an interview.

The City will email those selected for the interview to schedule a date and time.

X. Proposal Protests
Proposal Protest Procedures (Before Proposal Opening)
A protest filed before the proposal opening must be filed in writing no later than ten (10) working days before opening. The most common types of protest that might be filed before a proposal opening include those based upon restrictive specifications or alleged improprieties in any solicitation that is apparent before the scheduled proposal opening.

When a protest is filed before a scheduled proposal opening, specific steps must be followed:

A. The protest must be submitted in writing within the specified time frame (no later than ten (10) working days prior to a proposal opening). All protests must be filed with the City’s Director of Finance for determination. Protest must be submitted to the Director of Finance by mail or email within the specified time frame. Protests can be sent to:

Mail:

City of Santa Fe Springs
Attn: Department of Finance – Lana Dich
11710 Telegraph Road
Santa Fe Springs, CA 90670
Docusign Envelope ID: 14AAD045-B2F8-4F77-BB43-D7B12014867B RFP 25-2 Printing, Graphic Design, and Mailing Services 12 Or
Email:
[email protected]
B. The protest must contain factual and legal reason(s) and should recommend a proposed remedy. Nevertheless, it should be noted that the City reserves the right not to implement the proposed remedy but to offer alternative solutions where applicable.

C. Where appropriate, the City will hold an informal conference on the merits of a protest with all interested parties allowed to attend. Interested parties may include all proposers, subcontractors, or suppliers, provided they have a substantial economic interest in a portion of the RFP.

D. All potential proposers will be advised of a pending protest.

E. The City shall not open proposals prior to the resolution of the protest unless it is determined that:
• The items to be procured are urgently required;
• Delivery or performance will be unduly delayed by failure to make the award promptly; or
• Failure to make a prompt award will otherwise cause undue harm to the City.

The City will respond in writing within ten (10) business days after receipt of a properly filed protest. The Director of Finance will respond and include a response to each substantive issue raised in the protest.

After the exhaustion of administrative remedies, the protesting party will be given the City’s final decision. The Director of Finance has the authority to decide on all protests.

Proposal Protest Procedures (After Proposal Opening/Post Award) A protest filed after a proposal opening must be filed within three (3) working days after the aware. The City will grant the protesting party a fair review and shall have up to ten (10) business days to review the protest and render its decision.

XI. Execution of Agreement
If required, the resulting agreement (see attached sample Attachment C) shall be signed by the successful Vendor and return with the required insurance within ten (10) business days after the City issues a notice of intent to award. Failure to execute the agreement and file acceptable insurance documents as provided herein shall cause, at the City's option, for annulment of the award. Please review the insurance requirements and indemnification clause in the attached sample agreement.

Docusign Envelope ID: 14AAD045-B2F8-4F77-BB43-D7B12014867B RFP 25-2 Printing, Graphic Design, and Mailing Services 13 Should the successful Vendor decline to execute the agreement, the City can either reject all proposals, accept one of the other proposals, or issue a new solicitation.

XII. Insurance Requirements
Any vendor conducting services for the City of Santa Fe Springs must obtain and maintain insurance at their own expense. Insurance must be held until completion of services and formal acceptance by the City. The following insurance placed with an insurer admitted to write insurance in California or a non-admitted insurer on California’s List of Eligible Surplus Lines Insurers (LESL):

A. Commercial General Liability
Commercial General Liability (CGL) (equivalent in coverage scope to Insurance Services Office, Inc. Form CG 00 01) shall cover on an “occurrence” basis for bodily injury and property damage, including premise-operations, productscompleted, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury, and advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.

If requested, the "City of Santa Fe Springs, its officials, employees, and agents" must be separately endorsed to the policy as additional insureds on an endorsement equivalent to the Insurance Services Office, Inc. Form CG 20 10 11 85 of CG 20 26 1185.

B. Business Automobile Liability
For owned vehicles, hired, and non-owned vehicles, Insurance Services Office Form CA 00 01 covering, Code 1 (any auto), or if Vendor has not owned autos, Code 8 (hired) and 9 (non-owned) with limit no less than $1,000,000 per accident for bodily injury and property damage.

If an automobile is not necessary to perform services, the Vendor must submit a written request for a waiver of this requirement.

C. Professional Liability or Errors and Omissions
Depending on the work or services to be performed, professional liability or errors and omissions liability insurance may be required. The City will require the Vendor to provide professional liability or errors and omissions liability insurance in an amount not less than $2,000,000 per occurrence or claim. Architects’ and engineers’ coverage shall be endorsed to include contractual liability.

D. Workers' Compensation and Employer's Liability
Workers' Compensation as required by the California Labor Code and Employer's Liability in an amount not less than $1,000,000 per accident for bodily injury or disease.

Docusign Envelope ID: 14AAD045-B2F8-4F77-BB43-D7B12014867B RFP 25-2 Printing, Graphic Design, and Mailing Services 14 E. Cyber Liability Insurance (if applicable)
With limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.

F. Technology Professional Liability Errors & Omissions (if applicable) Coverage must be appropriate to Vendor’s profession and work hereunder, with limits not less than $2,000,000 per occurrence. Coverage shall be sufficiently broad to respond to the duties and obligations undertaken by Vendor shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.

The policy shall include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the City in the care, custody, or control of Vendor.

If not covered under Vendor’s liability policy, such “property” coverage of City may be endorsed onto Vendor’s Cyber Liability Policy as covered property.

Required insurance documentation
A. Certificate of Insurance
The Certificate Holder must be listed as follows:

City of Santa Fe Springs
11710 Telegraph Road
Santa Fe Springs, CA 90670
Attn: Risk Management
B. Endorsements (if requested)
In addition to the Certificate of Insurance, the Vendor must provide the following endorsements:

Docusign Envelope ID: 14AAD045-B2F8-4F77-BB43-D7B12014867B RFP 25-2 Printing, Graphic Design, and Mailing Services 15 1. Additional insured endorsements to the general liability and auto liability* insurance policies. The "City of Santa Fe Springs, its officials, employees, and agents" must be endorsed to the Vendor's general liability policy as well as the auto liability policy as additional insureds on an endorsement equivalent to ISO forms CG 20 10 11 85 or CG 20 26 11 85.

2. Cancellation notice endorsements. Each policy must be endorsed to cerify that it will be not be cancelled or non-renewed by either party or reduced in coverage or limits (except by paid claims) unless the insurer has provided the City with thirty (30) days prior written notice of cancellation (ten (10) days for cancellation due to nonpayment of premium is acceptable).

3. Primary, non-contributory coverage endorsements. The general liability and professional liability (if required) policies must be endorsed to provide that each policy shall apply on a primary, non-contributing basis with any insurance or self-insurance, primary or excess, maintained by or available to the City or its officials, employees and agents.

C. Waiver and Modifications of the Insurance Requirements The City has the authority to modify these insurance requirements at any time at its discretion.

In general, any contract deemed sole source, professional/professional services, involve the disclosure of proprietary information, and/or a public works project, may require revisions to the City's standard insurance requirements. Any revisions to the insurance requirements will be identified within the associated service contract terms and conditions.

Vendors may request a waiver or modification of these insurance requirements.

Waiver or modification requests must be submitted in writing. The request should state the specific insurance requirement that is being considered for waiver or modification and provided a brief explanation for the request. Requests will be reviewed on a caseby-case basis, and the decision will ultimately depend on the scope of services. The final decision to approve or deny a request will be at the City's legal authority or an authorized designee's discretion.

XIII. Business License Requirement
Vendors that conduct business within city limits may be required to obtain a City of Santa Fe Springs business license if selected. The business license must be acquired before commencing any work. Additional information regarding the City's Business License Program may be obtained by visiting the City's website at:
https://www.santafesprings.org/business/opening_a_business/new_application.php Or by calling the City of Santa Fe Springs Business Support Center at (562) 264 - 5219.

Docusign Envelope ID: 14AAD045-B2F8-4F77-BB43-D7B12014867B RFP 25-2 Printing, Graphic Design, and Mailing Services 16 XIV. Use of Federal Funds
The City may elect to use funding from Federal sources for a portion of or all expenses related to this project. The United States Federal Government requires purchases of items and services to meet specific standards when using Federal funds, including grants, cooperative agreements, contracts, and Federal funds "passed-through" to the City from a non-Federal entity (i.e., sub-recipient agreements). These requirements are codified under the Code of Federal Regulation's (CFR) Title 2, Subtitle A, Chapter II, Part 200 (also referred to as "2 CFR 200" or "Uniform Guidance") and the Federal Acquisition Regulations (FAR), as applicable.

The following standards apply to all purchases of items and services using Federal funds:
 Transactions shall be conducted lawfully and ethically  Unnecessary/duplicative purchases are not permitted
 Utilizing a vendor or supplier on the U.S. Federal Government's Debarred and Suspended List (available at SAM.gov) is prohibited
 All individuals involved in the expenditure of federal monies must avoid any actual or apparent conflict of interest
 Procurement transactions must be conducted in a manner providing full and open competition
 Opportunities should be provided to minority businesses, women's business enterprises, and labor surplus area firms when possible  Contracts and purchase orders should include the contract provisions required by 2 CFR 200 Appendix A
 Purchases of goods and services must include documentation detailing the procurement history
XV. Non-Commitment of City
While the City intends to select a Vendor through this process, this intention is subject to change at any time during the process. The City does not commit to awarding an agreement, paying any costs incurred in preparing the proposal for this request, and/or procuring or contracting any items or services.

XVI. Labor Requirements
A. Background: All personnel engaged in the performance of this work shall be employees of the Vendor and, as such, shall be warranted to possess sufficient experience and reliability to perform this work.

B. Health: All personnel engaged in the performance of this work shall be in good health and free of contagious diseases. The Vendor shall not allow any person(s) under the influence of alcohol or drugs on the premises or in the building. Neither shall the Vendor allow the use of or presence of alcohol or drugs on the premises or in the building.

Docusign Envelope ID: 14AAD045-B2F8-4F77-BB43-D7B12014867B RFP 25-2 Printing, Graphic Design, and Mailing Services 17 C. Non-Discrimination: The Vendor shall not discriminate in the employment of persons because of race, color, national origin, ancestry, mental/physical disabilities, sex, or religion of such persons.

D. Conduct: No person(s) shall be employed for this work that is found to be incompetent, disorderly, and troublesome, under the influence of alcohol and drugs, which fails or otherwise refuses to perform the job properly and acceptably or is otherwise objectionable. Any person found to be objectionable shall be discharged immediately and not re-employed for this work.

E. Age: The Vendor will only hire individuals of legal age to work.

XVII. Records
The Vendor agrees to permit the City Manager or designee access to records, reports, files, and other papers or property of the Vendor to audit any performance aspect under this agreement.

XVIII. Use of Subcontractors
The Vendor shall be responsible for all work performed under the final agreement and keep all work under their control. No portion of the work may be subcontracted without the prior written consent of the City. All subcontractors used in this work shall be under the vendor's direct supervision and be considered their employees. Any approved subcontractors must provide insurance indemnifying the City with limits at or exceeding the limits of the Contractor's insurance.

XIX. Modifications/Changes
Changes in the areas serviced and/or specifications may be necessary during the agreement term. Changes in the agreement requirements and corresponding changes in compensation may be implemented upon mutual understanding between the City and the Consultant. These changes will be processed by the City Manager.

XX. Disclosure of Information
A. The Consultant agrees that it will not, during or after the term of the agreement, disclose any proprietary information or confidential business information of the City, including but not limited to its costs, charges, operating procedures, or methods of doing business to any person, vendor, corporation, association, or other entity or the general public for any reason or purpose whatsoever, without the prior written consent of the City. Such confidential or proprietary information received by the Vendor shall be used exclusively in connection with the performance of services.

B. The Vendor shall not issue or release for publication any articles, advertising, or publicity matters relating to the services performed by the Vendor hereunder or mentioning or implying the name of the City or its respective personnel without the prior written consent of the City.

Docusign Envelope ID: 14AAD045-B2F8-4F77-BB43-D7B12014867B RFP 25-2 Printing, Graphic Design, and Mailing Services 18 XXI. Ex-Parte Communications
Vendors and their representatives should not engage in unauthorized communications with elected officials, officers, employees, or agents of the City about this RFP. This requirement includes any evaluation panel member, except for designated RFP facilitators. This requirement remains in effect until after award notifications have been made.

This restriction does not prohibit consultants and their representatives from making oral statements or presentations to City representatives during a scheduled public meeting.

XXII. General Rights of the City
At its discretion, the City reserves the right to:

A. Reject any and/or all proposals for no reason or any reason including, but not limited to, the following:

1. The proposal is incomplete, non-responsive, obscure, irregular, or lacking necessary detail and specificity.

2. The Vendor, in the sole judgment of the City, lacks the qualifications, experience, and/or responsibility necessary to provide the services.

3. The Vendor failed or neglected to complete and submit any information within the time specified by the City and as may be otherwise required herein.

B. Reject any proposal that, in the opinion of the City, is so unbalanced in comparison to other proposals received and/or to the City’s internal estimates that it does not accurately reflect the cost to perform; C. Accept all or any part of a proposal;
D. Make multiple awards;
E. Cancel the entire RFP;
F. Issue subsequent RFPs; or
G. Waive any errors or informalities in any proposal to the extent law permits.

PLEASE REVIEW
Attachment A – Vendor Questionnaire
Attachment B – References
Attachment C – Sample PSA
Also See – Sample Items 1 - 7
Docusign Envelope ID: 14AAD045-B2F8-4F77-BB43-D7B12014867B RFP 25 – 2 Printing, Graphic Design, and Mailing Services ATTACHMENT A – Vendor Questionnaire
(COMPLETE AND RETURN WITH YOUR PROPOSAL)
Business Name
Business Address
Business Phone Number
Contact Person
Name and Title
Contact Person
Phone Number
Contact Person
Email Address
Please submit responses to the following questions:

1. Is your business primary office
located within the City of Santa Fe
Springs? If so, you may qualify for
the local vendor preference.

Please submit a copy of your
business license with your
proposal submission.

2. How many years of experience do
you have providing printing
services?

3. How many years of experience do
you have providing graphic design
services?
1 Docusign Envelope ID: 14AAD045-B2F8-4F77-BB43-D7B12014867B

4. Have you ever provided services
for a public agency (e.g. city,
county, state, Federal, school
district)?

5. If you answered “yes”, please
provide the name of the public
agency that you most recently
provided services?

6. Can you provide same
day/expedited services?

7. Do you have a web-based platform
for submitting/receiving business
card orders?
Docusign Envelope ID: 14AAD045-B2F8-4F77-BB43-D7B12014867B RFP 25 – 2 Printing, Graphic Design, and Mailing Services ATTACHMENT B – References
(COMPLETE AND RETURN WITH YOUR PROPOSAL)
Entity Name
Entity Address
Name of Contact
Telephone Number of Contact
Email of Contact
Project Title
Date of Project
Entity Name
Entity Address
Name of Contact
Telephone Number of Contact
Email of Contact
Project Title
Date of Project
Entity Name
Entity Address
Name of Contact
Telephone Number of Contact
Email of Contact
Project Title
Date of Project
Docusign Envelope ID: 14AAD045-B2F8-4F77-BB43-D7B12014867B ATTACHMENT C – SAMPLE PSA
[Type here] [Type here] [Type here]

CITY OF SANTA FE SPRINGS

PROFESSIONAL SERVICES AGREEMENT
WITH
This Professional Services Agreement (“Agreement”) is made and effective as of ________________ (“Effective Date”), by and between the City of Santa Fe Springs, a California municipal corporation, (“City”) and ________________, a [State and Entity Type: Example – California limited liability company] (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on the Effective Date and shall remain and continue in effect until the services described herein are completed, unless sooner terminated pursuant to the provisions of this Agreement.

2. SERVICES
Consultant shall perform the services described and set forth in the City’s Request for Proposals, attached hereto as Exhibit A, and Consultant’s Proposal, attached hereto as Exhibit B, both incorporated herein as though set forth in full (“Services”). Consultant shall complete the Services according to any schedule of performance set forth in Exhibit A.

To the extent that Exhibit B contains provisions inconsistent with this Agreement and/or Exhibit A, the provisions of this Agreement and Exhibit A shall govern.

3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of Consultant’s ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant under this Agreement.

4. CITY MANAGEMENT
The City Manager or designee shall represent the City in all matters pertaining to the administration of this Agreement, including review and approval of all products submitted by Consultant.

5. PAYMENT
A. City agrees to pay Consultant monthly, [in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks]. This amount shall not exceed [Insert amount] Docusign Envelope ID: 14AAD045-B2F8-4F77-BB43-D7B12014867B REV032024 Page 2 of 16 [Consultant Name]
dollars ($__.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.

B. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager or designee. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to in writing by the City and Consultant at the time the City’s written authorization is given to Consultant for the performance of said services.

C. Consultant will submit invoices monthly for actual Services performed. Consultant agrees to participate in the City’s Electronic Funds Transfer program and to receive electronic payments for the Services. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Consultant's Services or fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this Agreement shall be made within forty-five (45) days of receipt of an invoice therefor.

6. TERMINATION OF AGREEMENT WITHOUT CAUSE
A. The City may at any time, for any reason, without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon Consultant at least ten (10) days’ prior written notice. Upon receipt of said notice, Consultant shall immediately cease all Services under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement.

B. In the event this Agreement is terminated pursuant to this section, the City shall pay to Consultant the actual value of the Services performed up to the time of termination, unless the City disputes any of the Services performed or fees. Upon termination of the Agreement pursuant to this section, Consultant will submit an invoice to the City pursuant to Section 5.

7. DEFAULT OF CONSULTANT
If the City determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, the City shall serve Consultant a written notice of the default. Consultant shall have seven (7) days after service of said notice to cure the default. In the event that Consultant fails to cure the default within such period of time or fails to present the City with a written plan for the diligent cure of default if such default cannot be cured within seven days, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. Consultant shall be responsible for costs incurred by the City Docusign Envelope ID: 14AAD045-B2F8-4F77-BB43-D7B12014867B REV032024 Page 3 of 16 [Consultant Name]
due to Consultant’s failure to comply with this section. The City shall have the right to offset against the amount of any fees due to Consultant any costs incurred by the City as a result of Consultant’s default.

8. OWNERSHIP OF DOCUMENTS
A. Consultant shall maintain complete and accurate records with respect to tasks, costs, expenses, receipts, and other such information required by the City that relate to the performance of Services under this Agreement. Consultant shall maintain adequate records of Services provided in sufficient detail to permit an evaluation of Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of the City or its designees at reasonable times to such books and records; shall give the City the right to examine and audit said books and records; shall permit the City to make transcripts or copies therefrom as necessary; and shall allow inspection of all Services, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.

B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the Services shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant's office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files. Consultant hereby grants to the City all right, title, and interest, including any copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by Consultant in the course of providing the Services under this Agreement.

9. INDEMNIFICATION AND DEFENSE
A. Indemnification. To the fullest extent permitted by law, Consultant shall indemnify and hold harmless the City and any and all of its officials, employees, agents, and/or volunteers (“Indemnified Parties”), from and against any and all claims, demands, actions, suits, losses, liabilities, damages, costs, and expenses, including attorney’s fees and costs, arising out of or in any way connected with the performance of Consultant, its officers, agents, employees, and/or subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) under this Agreement, including all acts or omissions, willful misconduct, or negligent conduct, whether active or passive, on the part of Consultant, its officers, agents, employees, and/or subconsultants. Consultant’s duty to indemnify and Docusign Envelope ID: 14AAD045-B2F8-4F77-BB43-D7B12014867B REV032024 Page 4 of 16 [Consultant Name]
hold harmless the Indemnified Parties shall not extend to the sole negligence or willful misconduct of the Indemnified Parties.

B. Duty to Defend. In the event the Indemnified Parties, individually or collectively, are made a party to any claim, action, lawsuit, or other adversarial proceeding arising or alleged to arise out of or is in any way connected with the performance of Consultant’s services under this Agreement, and upon demand by the City, Consultant shall immediately defend the Indemnified Parties at Consultant’s cost or at the City’s option to reimburse the City for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters, regardless of whether or not Consultant, its officers, agents, employees, and/or subconsultants are specifically named or otherwise asserted to be liable, and regardless of whether or not there is any evidence of finding of fault or wrongdoing by Consultant, its officers, agents, employees and/or subconsultants. Payment by the City is not a condition precedent to enforcement of this provision.

C. In the event of any dispute between Consultant and the City as to whether liability arises from the sole negligence or willful misconduct of the City or its officials, employees, agents, and/or volunteers, Consultant will be obligated to pay for the City’s defense until such time as a final judgment has been entered adjudicating the Indemnified Parties as solely negligent or to have acted with willful misconduct.

Consultant will not be entitled in the absence of such a determination to any reimbursement of defense costs, including but not limited to attorney’s fees, expert fees, and costs of litigation.

10. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit C attached hereto and made a part of this Agreement.

11. INDEPENDENT CONTRACTOR
A. Consultant is and shall at all times remain as to the City a wholly independent consultant and/or independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither the City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement.

Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against the City, or bind the City in any manner.

B. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided Docusign Envelope ID: 14AAD045-B2F8-4F77-BB43-D7B12014867B REV032024 Page 5 of 16 [Consultant Name]
in the Agreement, the City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for the City. The City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold the City harmless from any failure of Consultant to comply with the applicable worker’s compensation laws. The City shall have the right to offset against the amount of any fees due to Consultant under this Agreement as a result of Consultant’s failure to promptly pay to the City any reimbursement or indemnification arising under this paragraph.

C. In the event that Consultant or any employee, agent, or subconsultant of Consultant providing Services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (CalPERS) to be eligible for enrollment in CalPERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless the City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subconsultants, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the City.

D. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subconsultants providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by the City, including but not limited to eligibility to enroll in CalPERS as an employee of the City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for CalPERS benefits.

12. LEGAL RESPONSIBILITIES
Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of Services pursuant to this Agreement. Consultant shall at all times observe and comply with all such laws and regulations. The City and its officials, officers, employees, and agents, shall not be liable at law or in equity occasioned by failure of Consultant to comply with this Section.

Docusign Envelope ID: 14AAD045-B2F8-4F77-BB43-D7B12014867B REV032024 Page 6 of 16 [Consultant Name]

13. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of the City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City has or will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with this Agreement or any Services to be conducted as a result of this Agreement. Violation of this section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.

14. NO BENEFIT TO ARISE TO CITY EMPLOYEES
No member, officer, or employee of the City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Services during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any Agreement or sub-agreement, or the proceeds thereof, for Services to be performed under this Agreement.

15. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
A. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without the City's prior written authorization, unless the information is clearly public. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or designee, or unless requested by the City’s attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the Services performed under this Agreement or relating to the City. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives the City notice of such court order or subpoena.

B. Consultant shall promptly notify the City should Consultant, its officers, employees, agents, and/or subconsultants be served with any summons, complaint, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request (“Discovery”), court order, or subpoena from any person or party regarding this Agreement and the Services performed hereunder or with respect to any project or property located within the City, unless the City is a party to any lawsuit, arbitration, or administrative proceeding connected to such Discovery, or unless Consultant is prohibited by law from informing the City of such Discovery. The City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding as allowed by law. Unless the City is a party to the lawsuit, arbitration, or administrative proceeding and is adverse to Consultant in such proceeding, Consultant agrees to cooperate fully with the City and to provide the opportunity to review any response to discovery requests provided by Consultant.

However, the City's right to review any such response does not imply or mean the Docusign Envelope ID: 14AAD045-B2F8-4F77-BB43-D7B12014867B REV032024 Page 7 of 16 [Consultant Name]
right by the City to control, direct, or rewrite said response, or that the City has an obligation to review any such response or verifies any response it has reviewed.

16. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mail by the United States Postal Service, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

To the City: City of Santa Fe Springs
11710 E. Telegraph Road
Santa Fe Springs, CA 90670
Attention:

To Consultant: _________________________
_________________________

17. ASSIGNMENT
Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. [Because of the personal nature of the Services to be rendered pursuant to this Agreement, only _____________ shall perform the Services described in this Agreement, unless otherwise agreed to by City. Consultant shall provide City fourteen (14) days' notice prior to the departure of ____________ from Consultant's employ. Should he/she leave Consultant's employ, City shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant’s sole compensation shall be payment for actual Services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City and Consultant.] Before retaining or contracting with any subconsultant for any services under this Agreement, Consultant shall provide the City with the identity of the proposed subconsultant, a copy of the proposed written contract between Consultant and such subconsultant which shall include and indemnity provision similar to the one provided herein and identifying the City as an indemnified party, or an incorporation of the indemnity provision provided herein, and proof that such proposed subconsultant carries insurance at least equal to that required by this Agreement or obtain a written waiver from the City for such insurance.

18. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect all licenses required of it by law for the performance of the Services described in this Agreement.

Docusign Envelope ID: 14AAD045-B2F8-4F77-BB43-D7B12014867B REV032024 Page 8 of 16 [Consultant Name]

19. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City.

20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written and pertaining to the subject of this Agreement or with respect to the terms and conditions of this Agreement shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material.

21. AMENDMENTS
Any amendments to this Agreement must be in writing and executed by the parties hereto, or their respective successors and assigns, in order to be valid.

22. NON-EXCLUSIVE AGREEMENT
Consultant acknowledges that the City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.

23. ATTORNEYS’ FEES
In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.

24. CONSTRUCTION
The parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

25. WAIVER
Docusign Envelope ID: 14AAD045-B2F8-4F77-BB43-D7B12014867B REV032024 Page 9 of 16 [Consultant Name]
The delay or failure of any party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

26. SEVERABILITY
If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.

27. COUNTERPARTS
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.

28. AUTHORITY TO EXECUTE THIS AGREEMENT
The persons executing this Agreement on behalf of the parties warrant and represents that they have the authority to execute this Agreement on behalf of said parties and has the authority to bind the parties to the provisions of this Agreement.

29. ELECTRONIC SIGNATURES
The parties acknowledge and agree that execution of this Agreement by electronic signature or electronic transmittal of signatures shall have the same effect as handwritten signatures for the purposes of validity, enforceability, and admissibility.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
[If Consultant is a corporation, two signatures are required: Signature 1 – the Chairperson of the Board, the President, or any Vice President; Signature 2 – the Secretary, any Assistant Secretary, the Chief Financial Officer, or any Assistant Treasurer (Corp. Code § 313).]

CITY OF SANTA FE SPRINGS CONSULTANT
Docusign Envelope ID: 14AAD045-B2F8-4F77-BB43-D7B12014867B REV032024 Page 10 of 16 [Consultant Name]
____________________________ ____________________________ Name: ______________________
Title: _______________________
Date: ______________________ Date: _______________________ ATTEST: CONSULTANT
__________________________ ____________________________ Janet Martinez, City Clerk Name: ______________________ Title: _______________________
Date: _______________________
APPROVED AS TO FORM:
_________________________
Ivy M. Tsai, City Attorney
Attachments: Exhibit A City’s Request for Proposals
Exhibit B Consultant’s Proposal
Exhibit C Insurance Requirements
Docusign Envelope ID: 14AAD045-B2F8-4F77-BB43-D7B12014867B [Type here]

EXHIBIT A
CITY’S REQUEST FOR PROPOSALS
Docusign Envelope ID: 14AAD045-B2F8-4F77-BB43-D7B12014867B [Type here]

EXHIBIT B
CONSULTANT’S PROPOSAL
Docusign Envelope ID: 14AAD045-B2F8-4F77-BB43-D7B12014867B [Type here]

EXHIBIT C

INSURANCE REQUIREMENTS
Without limiting Consultant’s indemnification of the City, and prior to commencement of Services, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to the City. If Consultant maintains higher limits than the minimum limits shown below, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
[Note: May need to delete workers' compensation and employer's liability insurance requirements for certain sole proprietorships, partnerships, or corporations without employees.]
Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000 per accident for bodily injury or disease).

Consultant shall submit to the City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, and volunteers.

Docusign Envelope ID: 14AAD045-B2F8-4F77-BB43-D7B12014867B [Type here]
[Note: If the required limits for general liability, auto and employer’s liability are $1 million or less, the following paragraph may be omitted.] Umbrella or excess liability insurance. Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
 A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
 Pay on behalf of wording as opposed to reimbursement;  Concurrency of effective dates with primary policies;  Policies shall “follow form” to the underlying primary policies; and  Insureds under primary policies shall also be insureds under the umbrella or excess policies.

Other provisions or requirements
Proof of insurance. Consultant shall provide certificates of insurance to the City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by the City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies at any time.

Duration of coverage. Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, or Consultant’s agents, representatives, employees or subconsultants.

Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by the City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

The City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any Docusign Envelope ID: 14AAD045-B2F8-4F77-BB43-D7B12014867B [Type here]
premium paid by the City will be promptly reimbursed by Consultant or the City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, the City may immediately terminate this Agreement.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

Enforcement of Agreement provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

Requirements not limiting. Requirements of specific coverage features or limits contained in this Agreement are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.

Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to the City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

Additional insured status. General liability policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to the City and approved of in writing.

Docusign Envelope ID: 14AAD045-B2F8-4F77-BB43-D7B12014867B [Type here]
Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Services who is brought onto or involved in the Services by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subconsultants, and others engaged in the Services will be submitted to the City for review.

The City’s right to revise specifications. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant’s compensation or come to some other agreement to address the additional cost.

Self-insured retentions. Any self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the City.

Timely notice of claims. Consultant shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services.

Docusign Envelope ID: 14AAD045-B2F8-4F77-BB43-D7B12014867B

EXHIBIT C

Commercial General Liability Insurance. Consultant shall procure and maintain commercial general liability insurance (“CGL Coverage”) with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

Automobile Liability Insurance. Consultant shall procure and maintain automobile liability insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than One Million Dollars ($1,000,000.00) per accident for bodily injury and property damage.

Professional Liability (Errors & Omissions) Insurance. For the full term of this Agreement and for a period of three (3) years thereafter, Consultant shall procure and maintain professional liability insurance appropriate to Consultant’s profession. Such coverage shall have the minimum limits of no less than One Million Dollars ($1,000,000.00) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.

Workers’ Compensation Insurance. Consultant shall procure and maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000 per accident for bodily injury or disease) which will indemnify, insure and provide legal defense for both Consultant and City against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by Consultant in the course of carrying out the Work contemplated in this Agreement.

Docusign Envelope ID: 14AAD045-B2F8-4F77-BB43-D7B12014867B Consultant shall submit to the City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, and volunteers.

Umbrella or Excess Liability Insurance. Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.

The City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, Docusign Envelope ID: 14AAD045-B2F8-4F77-BB43-D7B12014867B the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Consultant or the City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, the City may immediately terminate this Agreement.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City and shall require similar written express waivers and insurance clauses from each of its subconsultants.

Docusign Envelope ID: 14AAD045-B2F8-4F77-BB43-D7B12014867B Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Failure to Maintain Coverage. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement effective upon notice.

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CITY OF SANTA FE SPRINGS

PROFESSIONAL SERVICES AGREEMENT
WITH

INTERGRAPHICS COMPANY
This Professional Services Agreement (“Agreement”) is made and effective as of October 15, 2024 (“Effective Date”), by and between the City of Santa Fe Springs, a California municipal corporation, (“City”) and Intergraphics Company, a California Corporation (“Consultant”). For the purposes of this Agreement, City and Consultant may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to City or Consultant interchangeably, as appropriate.

RECITALS
WHEREAS, City requires professional consulting services for Printing, Graphic Design, and Mailing Services (collectively, the “Project”); and WHEREAS, City staff has determined that Consultant possesses the experience, skills, and training necessary to competently provide such services to City; and WHEREAS, the execution of this Agreement was approved by the City of Santa Fe Springs City Council (“City Council”) at its Regular Meeting of ___________ under Agenda Item No. _____;
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:

AGREEMENT

1. TERM
This Agreement shall commence on the Effective Date and shall remain and continue in effect until June 30, 2027 (“Term”), or until services described herein are completed, unless sooner terminated pursuant to the provisions of this Agreement. This Agreement may be extended for one (1) additional, one (1) year term, if mutually agreed upon in writing.

2. SERVICES
Subject to the terms and conditions of this Agreement, Consultant shall perform the services and tasks described and set forth in the City’s Request for Proposals, attached hereto as Exhibit A, and Consultant’s Proposal, attached hereto as Exhibit B, both incorporated herein as though set forth in full (“Scope of Work”). Consultant further agrees to furnish to City all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the services and tasks set forth in the Scope of Work. Consultant shall complete the services and tasks set forth in the Scope of Work according to any schedule of Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 REV032024 Page 2 of 24 Intergraphics Company
performance set forth in Exhibit A. To the extent that Exhibit B contains provisions inconsistent with this Agreement and/or Exhibit A, the provisions of this Agreement and Exhibit A shall govern. For the purposes of this Agreement, the aforementioned services and tasks set forth in the Scope of Work shall hereinafter be referred to generally by the capitalized term “Work.”

3. PERFORMANCE
A. Time is of importance for this Agreement and every provision contained herein.

The Work shall commence upon mutual consent of the Parties subsequent the City’s issuance of a written Notice to Proceed. Consultant shall perform the various tasks identified in, and within the timeframes set forth in, the Scope of Work, and shall complete all of the Work in accordance with the schedule and timeline established by the Parties;
B. Consultant shall, at all times, faithfully, competently and to the best of Consultant’s ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant under this Agreement;
C. Consultant shall not claim or be entitled to receive any compensation or damage because of the failure of Consultant, or its subconsultants, to have related services or tasks completed in a timely manner;
D. Consultant shall at all times enforce strict discipline and good order among Consultant’s employees; and
E. Consultant, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.

4. PAYMENT OF COMPENSATION
A. Consultant’s total compensation for the performance of all Work contemplated under this Agreement shall not exceed Eighty Thousand Dollars ($80,000.00) (the “Not-to-Exceed Sum”), per fiscal year (July 1st – June 30th), during the Term of this Agreement, unless additional payment is first approved as provided in this Agreement. In the event Consultant’s charges are projected to exceed the Notto-Exceed Sum prior to the expiration of this Agreement, City may suspend Consultant’s performance for the relevant Work pending City approval of any anticipated expenditures in excess of the Not-to-Exceed Sum or any other City approved amendment to the compensation terms of this Agreement.

B. Consultant shall not be compensated for any Work rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager or his/her designee. Consultant shall be compensated for any Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 REV032024 Page 3 of 24 Intergraphics Company
additional services in the amounts and in the manner as agreed to in writing by the City and Consultant at the time the City’s written authorization is given to Consultant for the performance of said services.

C. The Not-to-Exceed Sum will be paid as the Work is completed. Consultant will submit to City an itemized invoices indicating the services performed and tasks completed, including services and tasks performed and the reimbursable out-ofpocket expenses incurred. Within thirty (30) calendar days of receipt of each invoice, City will notify Consultant in writing of any disputed amounts included in the invoice. Within forty-five (45) calendar days of receipt of each invoice, City will pay all undisputed amounts included on the invoice. City will not withhold applicable taxes or other authorized deductions from payments made to Consultant.

D. Consultant agrees to participate in the City’s Electronic Funds Transfer program and to receive electronic payments for the Work.

5. ACCOUNTING RECORDS
Consultant will maintain complete and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. City will have the right to access and examine such records, without charge, during normal business hours. City will further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.

7. ABANDONMENT BY CONSULTANT
In the event Consultant ceases to perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Work, Consultant will deliver to City immediately and without delay, all materials, records and Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 REV032024 Page 4 of 24 Intergraphics Company
other work product prepared or obtained by Consultant in the performance of this Agreement. Furthermore, Consultant will only be compensated for the reasonable value of the services, tasks and other Work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which City may incur as a result of Consultant’s cessation or abandonment.

8. CITY’S REPRESENTATIVE
City hereby designates the City Manager (the “City Representative”) to act as its representative for the performance of this Agreement. The City Representative or his/her designee will act on behalf of the City for all purposes under this Agreement.

Consultant will not accept directions or orders from any person other than the City Representative or his/her designee.

9. CONSULTANT REPRESENTATIVE
Consultant hereby designates the Account Executive to act as its representative for the performance of this Agreement (the “Consultant Representative”). Consultant Representative will have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. Consultant Representative or his/her designee will supervise and direct the performance of the Work, using his best skill and attention, and will be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement.

Notice to the Consultant Representative will constitute notice to Consultant.

10. COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS Consultant agrees to work closely with City staff in the performance of the Work and this Agreement and will be reasonably available to City staff and the City Representative at all reasonable times. All work prepared by Consultant will be subject to inspection and approval by City Representative or his or her designees.

11. STANDARD OF CARE; PERFORMANCE OF EMPLOYEES
Consultant represents, acknowledges and agrees to the following:

A. Consultant will perform all Work skillfully, competently and to the highest standards of Consultant’s profession;
B. Consultant shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the City to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the City’s authorized representative;
C. Consultant will perform all Work in a manner reasonably satisfactory to the City; Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 REV032024 Page 5 of 24 Intergraphics Company
D. Consultant will comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.). Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom;
E. Consultant understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance; F. All of Consultant’s employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by Consultant; and
G. All of Consultant’s employees and agents (including, but not limited to, subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals will be maintained throughout the term of this Agreement and made available to City for copying and inspection.

The Parties acknowledge and agree that Consultant will perform, at Consultant’s own cost and expense and without any reimbursement from City, any services necessary to correct any errors or omissions caused by Consultant’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of Consultant’s employees, agents, contractors, subcontractors and subconsultants. Such effort by Consultant to correct any errors or omissions will be commenced immediately upon their discovery by either Party and will be completed within seven (7) calendar days from the date of discovery or such other extended period of time authorized by the City Representative in writing and in her sole and absolute discretion. The Parties acknowledge and agree that City’s acceptance of any work performed by Consultant or on Consultant’s behalf will not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that City has relied upon the foregoing representations of Consultant, including but not limited to the representation that Consultant possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of Consultant’s profession.

12. ASSIGNMENT
The skills, training, knowledge and experience of Consultant are material to City’s willingness to enter into this Agreement. Accordingly, City has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by Consultant or on behalf of Consultant in the performance of this Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 REV032024 Page 6 of 24 Intergraphics Company
Agreement. In recognition of this interest, Consultant agrees that it will not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of Consultant’s duties or obligations under this Agreement without the prior written consent of the City. In the absence of City’s prior written consent, any attempted assignment or transfer will be ineffective, null and void and will constitute a material breach of this Agreement.

13. SUBSTITUTION OF KEY PERSONNEL
Consultant has represented to City that certain key personnel will perform and coordinate the Services under this agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the CITY. The key personnel for performance of this Agreement are as follows: See Exhibit B – Consultant Proposal.

14. CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT

CONTRACTOR
The Work will be performed by Consultant or under Consultant’s strict supervision.

Consultant will determine the means, methods and details of performing the Work subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such work does not unduly interfere with Consultant’s competent and timely performance of the Work contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of City’s confidential or proprietary information. Any additional personnel performing the Work under this Agreement on behalf of Consultant are not employees of City and will at all times be under Consultant’s exclusive direction and control. Consultant will pay all wages, salaries and other amounts due to such personnel and will assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like.

Consultant will be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers’ compensation insurance and the like

15. REMOVAL OF EMPLOYEES OR AGENTS
If any of Consultant’s officers, employees, agents, contractors, subcontractors or subconsultants is determined by the City Representative to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 REV032024 Page 7 of 24 Intergraphics Company
Consultant, a threat to persons or property, or if any of Consultant’s officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the City, such officer, employee, agent, contractor, subcontractor or subconsultant will be promptly removed by Consultant and will not be reassigned to perform any of the Work.

16. COMPLIANCE WITH LAWS
Consultant will keep itself informed of and in compliance with all applicable federal, state or local laws to the extent such laws control or otherwise govern the performance of the Work. Consultant’s compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements, Federal Labor Standards Provisions including the prevailing wage requirements of the DBRA, and all applicable regulations of the U.S. Department of Housing and Urbanization.

17. NON-DISCRIMINATION
Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such nondiscrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

18. INDEPENDENT CONTRACTOR STATUS
The Parties acknowledge, understand and agree that Consultant and all persons retained or employed by Consultant are, and will at all times remain, wholly independent contractors and are not officials, officers, employees, departments or subdivisions of City. Consultant will be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants. Consultant and all persons retained or employed by Consultant will have no authority, express or implied, to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of, or against, City, whether by contract or otherwise, unless such authority is expressly conferred to Consultant under this Agreement or is otherwise expressly conferred by City in writing.

19. INSURANCE
Prior to the beginning of and throughout the duration of the Work, Consultant will procure and maintain policies of insurance that meet the requirements and specifications set forth in Exhibit C. Consultant will procure and maintain the required insurance coverage, at its own expense.

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20. INDEMNIFICATION
A. The Parties agree that City and City’s elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the “City Indemnitees”) should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the City Indemnitees with the fullest protection possible under the law. Consultant acknowledges that City would not enter into this Agreement in the absence of Consultant’s commitment to indemnify, defend and protect City as set forth herein.

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.

Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.

B. To the fullest extent permitted by law, Consultant shall indemnify, hold harmless and defend the City Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs, and fees of litigation) of every nature arising out of or in connection with Consultant’s performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the City.

C. City shall have the right to offset against the amount of any compensation due to Consultant under this Agreement, any amount due to City from Consultant as a result of Consultant’s failure to either pay City promptly for any costs associated with Consultant’s obligations to indemnify the City Indemnitees under this Section, or related to Consultant’s failure to either (i) pay taxes on amounts received pursuant to this Agreement, or (ii) comply with applicable workers’ compensation laws.

D. The obligations of Consultant under this Section will not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City and City’s elected and appointed officials, officers, employees, agents, and volunteers.

E. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible and indemnify, hold harmless and defend City and City’s elected and Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 REV032024 Page 9 of 24 Intergraphics Company
appointed officials, officers, employees, agents, and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant’s subcontractors or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of City’s choice.

F. City does not and shall not waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense.

G. This Section and all provisions contained herein (including but not limited to the duty to indemnify, defend, and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the City may have at law or in equity.

21. TERMINATION WITHOUT CAUSE
City may immediately terminate this Agreement at any time for convenience and without cause by giving prior written notice of City’s intent to terminate this Agreement which notice shall specify the effective date of such termination. Upon such termination for convenience, Consultant will be compensated only for those services and tasks which have been performed by Consultant up to the effective date of the termination. Consultant may not terminate this Agreement except for cause as provided under Section 22, below.

If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data, as defined in Section 25, below, and other information of any kind prepared by Consultant in connection with the performance of the Work. Consultant will be required to provide such Documents and Data within fifteen (15) calendar days of City’s written request. No actual or asserted breach of this Agreement on the part of City pursuant to Section 22, below, will operate to prohibit or otherwise restrict City’s ability to terminate this Agreement for convenience as provided under this Section.

22. EVENTS OF DEFAULT; BREACH OF AGREEMENT
A. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) will occur. For all Events of Default, the Party alleging an Event of Default will give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which will specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 REV032024 Page 10 of 24 Intergraphics Company
by which the Event of Default will be cured, which will not be less than the applicable cure period set forth herein, or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default will constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.

B. Consultant will cure the Event of Default within the following time periods:
i. Within ten (10) business days of City’s issuance of a Default Notice for any failure of Consultant to timely provide City or City’s employees or agents with any information and/or written reports, documentation or work product which Consultant is obligated to provide to City or City’s employees or agents under this Agreement. Prior to the expiration of the 10-day cure period, Consultant may submit a written request for additional time to cure the Event of Default upon a showing that Consultant has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10-day cure period. The foregoing notwithstanding, City will be under no obligation to grant additional time for the cure of an Event of Default under this subsection B.i. that exceeds seven (7) calendar days from the end of the initial 10-day cure period; or
ii. Within fourteen (14) calendar days of City’s issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14-day cure period, Consultant may submit a written request for additional time to cure the Event of Default upon a showing that Consultant has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, City will be under no obligation to grant additional time for the cure of an Event of Default under this Subsection B.ii that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.

In addition to any other failure on the part of Consultant to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of Consultant will include, but will not be limited to the following: (i) Consultant’s refusal or failure to perform any of the services or tasks called for under the Scope of Work; (ii) Consultant’s failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) Consultant’s and/or its employees’ disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to Consultant, whether voluntary of involuntary; (v) Consultant’s refusal or failure to perform or observe any covenant, condition, obligation or provision of this Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 REV032024 Page 11 of 24 Intergraphics Company
Agreement; and/or (vii) CITY’s discovery that a statement representation or warranty by Consultant relating to this Agreement is false, misleading or erroneous in any material respect.

C. City will cure any Event of Default asserted by Consultant within forty-five (45) calendar days of Consultant’s issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, City may submit a written request for additional time to cure the Event of Default upon a showing that City has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with City’s failure to timely pay any undisputed sums to Consultant pursuant to this Agreement will be cured by City within five (5) calendar days from the date of Consultant’s Default Notice to City.

D. City, in its sole and absolute discretion, may also immediately suspend Consultant’s performance under this Agreement pending Consultant’s cure of any Event of Default by giving Consultant written notice of City’s intent to suspend Consultant’s performance (hereinafter, a “Suspension Notice”). City may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, Consultant will be compensated only for those services and tasks which have been rendered by Consultant to the reasonable satisfaction of City up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of City will operate to prohibit or otherwise restrict City’s ability to suspend this Agreement as provided herein.

E. No waiver of any Event of Default or breach under this Agreement will constitute a waiver of any other or subsequent Event of Default or breach. No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.

F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder will be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to City at law or under this Agreement in the event of any breach of this Agreement, City, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to Consultant, the City may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to Consultant, the City may extend the time of performance;
iii. The City may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for Consultant’s breach of the Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 REV032024 Page 12 of 24 Intergraphics Company
Agreement or to terminate the Agreement; or
iv. The City may exercise any other available and lawful right or remedy.

Consultant will be liable for all legal fees plus other costs and expenses that City incurs upon a breach of this Agreement or in the City’s exercise of its remedies under this Agreement.

G. In the event City is in breach of this Agreement, Consultant’s sole remedy will be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to Consultant under this Agreement for completed services and tasks.

23. SCOPE OF WAIVER OF DEFAULT
No waiver of any default or breach under this Agreement will constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.

24. SURVIVING ARTICLES, SECTIONS AND PROVISIONS
The termination of this Agreement pursuant to any provision of this Agreement or by normal expiration of its term or any extension thereto will not operate to terminate any Section or provision contained herein which provides that it will survive the termination or normal expiration of this Agreement.

25. DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY All Documents and Data will be and remain the property of City without restriction or limitation upon their use or dissemination by City. For purposes of this Agreement, the term “Documents and Data” means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of Consultant in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to City, a perpetual license for City to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. Consultant will require all subcontractors and subconsultants working on behalf of Consultant in the performance of this Agreement to agree in writing that City will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 REV032024 Page 13 of 24 Intergraphics Company
prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by Consultant in the performance of this Agreement.

26. CONFIDENTIALITY
All data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and will not be disclosed by Consultant without prior written consent by City. City will grant such consent of disclosure as legally required. Upon request, all City data will be returned to City upon the termination or expiration of this Agreement. Consultant will not use City’s name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

27. FALSE CLAIMS ACT
Consultant warrants and represents that neither Consultant nor any person who is an officer of, in a managing position with, or has an ownership interest in Consultant has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., Section 3789 et seq. and the California False Claims Act, Government Code Section 12650 et seq.

28. PROHIBITED INTERESTS
Consultant warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid, nor has it agreed to pay, any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City will have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with CITY, will have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

29. RELEASE OF INFORMATION
A. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without the City's prior written authorization, unless the information is clearly public. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or designee, or unless requested by the City’s attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the Services performed under this Agreement or relating to the City. Response to a Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 REV032024 Page 14 of 24 Intergraphics Company
subpoena or court order shall not be considered “voluntary” provided Consultant gives the City notice of such court order or subpoena.

However, the City's right to review any such response does not imply or mean the right by the City to control, direct, or rewrite said response, or that the City has an obligation to review any such response or verifies any response it has reviewed.

30. COOPERATION; FURTHER ACTS
The Parties will fully cooperate with one another and will take any additional acts or sign any additional documents as are reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.

31. SUBCONTRACTING
Consultant will not subcontract any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of City. Subcontracts (including without limitation subcontracts with subconsultants), if any, will contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.

32. NOTICES
All notices permitted or required under this Agreement will be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:

To the City: City of Santa Fe Springs
11710 E. Telegraph Road
Santa Fe Springs, CA 90670
Attention: City Clerk’s Office
Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 REV032024 Page 15 of 24 Intergraphics Company
To Consultant: Intergraphics Company.
103 Crabapple Drive
Pomona, CA 91767
Attention: Mike Cabrera, President
Such notices will be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, fortyeight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.

33. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.

34. GOVERNING LAW
City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City.

35. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written and pertaining to the subject of this Agreement or with respect to the terms and conditions of this Agreement shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material.

36. FORCE MAJEURE
The Completion Date shall be extended in the event of any delays due to unforeseeable causes beyond the control of Consultant and without the fault or negligence of Consultant, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative shall ascertain the facts and the extent of delay and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City Representative such delay is justified. The City Representative’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 REV032024 Page 16 of 24 Intergraphics Company
Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.

37. AMENDMENTS; MODIFICATIONS
No amendment, modification or supplement of this Agreement will be valid or binding unless executed in writing and signed by both Parties, subject to City approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void and invalid.

38. NON-EXCLUSIVE AGREEMENT
Consultant acknowledges that the City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.

39. ATTORNEYS’ FEES
In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.

40. NO THIRD-PARTY BENEFIT
There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.

41. SUCCESSORS AND ASSIGNS
This Agreement will be binding on the successors and assigns of the Parties.

42. CONSTRUCTION
The parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

43. WAIVER
The delay or failure of any party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 REV032024 Page 17 of 24 Intergraphics Company
representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

44. SEVERABILITY
If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.

45. COUNTERPARTS
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.

46. AUTHORITY TO EXECUTE THIS AGREEMENT
The persons executing this Agreement on behalf of the parties warrant and represents that they have the authority to execute this Agreement on behalf of said parties and has the authority to bind the parties to the provisions of this Agreement.

47. ELECTRONIC SIGNATURES
The parties acknowledge and agree that execution of this Agreement by electronic signature or electronic transmittal of signatures shall have the same effect as handwritten signatures for the purposes of validity, enforceability, and admissibility. [SIGNATURE PAGE TO FOLLOW]
Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 REV032024 Page 18 of 24 Intergraphics Company
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF SANTA FE SPRINGS CONSULTANT
____________________________ ____________________________ Name: ______________________
Title: _______________________
Date: ______________________ Date: _______________________ ATTEST: CONSULTANT
__________________________ ____________________________ Fernando Munoz, Deputy City Clerk Name: ______________________ Title: _______________________
Date: _______________________
APPROVED AS TO FORM:
_________________________
_____________, City Attorney
Attachments: Exhibit A City’s Request for Proposals
Exhibit B Consultant’s Proposal
Exhibit C Insurance Requirements
Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 Mike Cabrera
10/8/2024

PRESIDENT

EXHIBIT A
CITY’S REQUEST FOR PROPOSALS
Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 REQUEST FOR PROPOSALS No. 25 - 2
Printing, Graphic Design,
and Mailing Services
Issue Date: Thursday, August 1, 2024
Questions Due Date: Tuesday, August 20, 2024 at 2 pm PDT Proposal Due Date: Thursday, September 5, 2024 at 2 pm PDT Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 RFP 25-2 Printing, Graphic Design, and Mailing Services 2 (THIS PAGE INTENTIONALLY LEFT BLANK)
Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 RFP 25-2 Printing, Graphic Design, and Mailing Services 3 TO PROSPECTIVE PROPOSERS
The City of Santa Fe Springs (“City”) invites proposal submissions under this Request for Proposals (“RFP”). The City will evaluate responses to this solicitation to determine qualifications. Submissions must adhere to the format and content described. Only proposals that adhere to the requirements will be evaluated. The information set forth is the minimum required to qualify for consideration. The successful Proposer will be required to enter into an agreement based on the specifications outlined in this RFP.

DATE OF SOLICITATION
August 1, 2024

PROJECT
Printing, Graphic Design, and Mailing Services

To access the City's PlanetBids Portal, please go to:
https://pbsystem.planetbids.com/portal/65093/portal-home Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 RFP 25-2 Printing, Graphic Design, and Mailing Services 4 CONTENTS
I. Notice Inviting Proposals..........................................................................................................5 II. Introduction..................................................................................................................................6 III. About the City of Santa Fe Springs........................................................................................6 IV. Timeline .........................................................................................................................................6 V. Scope of Work .............................................................................................................................7 VI. Qualifications and Requirements ...........................................................................................8 VII. Proposal Submittal .....................................................................................................................9 VIII. Proposal Content and Format .................................................................................................9 IX. Evaluation Criteria ....................................................................................................................10 X. Proposal Protests .....................................................................................................................11 XI. Execution of Agreement..........................................................................................................12 XII. Insurance Requirements.........................................................................................................13 XIII. Business License Requirement ............................................................................................15 XIV. Use of Federal Funds...............................................................................................................16 XV. Non-Commitment of City ........................................................................................................16 XVI. Labor Requirements.................................................................................................................16 XVII. Records .......................................................................................................................................17 XVIII. Use of Subcontractors.............................................................................................................17 XIX. Modifications/Changes............................................................................................................17 XX. Disclosure of Information .......................................................................................................17 XXI. Ex-Parte Communications......................................................................................................18 XXII. General Rights of the City ......................................................................................................18 Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 RFP 25-2 Printing, Graphic Design, and Mailing Services 5 I. Notice Inviting Proposals
The City of Santa Fe Springs seeks proposals from qualified vendors to provide printing, graphic design, and mailing services following the specifications, terms, and conditions identified in Request for Proposals (RFP) No. 25 - 2. Prospective respondents are advised to carefully read information related to this opportunity before submitting a response.

To view the complete RFP package, please visit:
https://vendors.planetbids.com/portal/65093/bo/bo-detail/119080

Prospective vendors must register with PlanetBids before being able to view all documentation or submit a response.

Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 RFP 25-2 Printing, Graphic Design, and Mailing Services 6 II. Introduction
The City of Santa Fe Springs, hereinafter referred to as “City”, invites proposals from qualified vendors to provide printing, copying, graphic design, and other related services.

The City provides a full range of municipal services, including police and fire, street maintenance, water utilities, recreational services, public library, and cultural events.

The City has a vision statement that affirms, "The City of Santa Fe Springs is a great place to live, work, and play." Its mission statement is, "The City of Santa Fe Springs is committed to enhancing the quality of life of its residents and businesses by providing a safe environment, a thriving business community, quality family, youth, and senior services, and sound financial management of the community's resources." The guiding values are as follows:
 Personal integrity, honesty, and ethics
 Public service
 Compassion
 Responsibility, accessibility, and accountability
 Dedication
IV. Timeline
 Release RFP Thursday, August 1, 2024
 Online Q&A Deadline Tuesday, August 20, 2024, 2 pm PDT  Deadline to Submit Responses Thursday, September 5, 2024, at 2 pm PDT  City Review of Submissions Mid-September 2024
 Interviews TBD (If Necessary)
 Notifications Sent to Consultants Late September 2024/Early October 2024  Award Mid-October 2024
Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 RFP 25-2 Printing, Graphic Design, and Mailing Services 7 V. Scope of Work
General Service Description
The City is seeking vendors to create and produce various materials for internal and external use by residents, employees, members of the business community, and other community members using traditional print, the City website (santafesprings.org), and social media platforms (e.g., Facebook, X (formerly Twitter), Instagram, YouTube, and LinkedIn). These outreach materials include, but are not limited to:
 Letters
 Newsletters
 Brochures
 Flyers
 Business Cards
 Postcards
 Banners
 Signs
 Bound Books (e.g., Annual Financial Report, Budget Book)  Apparel/Promotional Items
 Content for Website Posting
The selected vendors will provide printing, graphic design, and mailing services for the items above on an as-needed basis. Vendors will process job orders as assigned by designated staff within each City department.

Vendors are invited to provide pricing for all or some items and services listed. Please note that preference will be given to vendors who submit the most comprehensive list.

Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 RFP 25-2 Printing, Graphic Design, and Mailing Services 8 Additional Services
Mailing Services
Some printing materials, such as newsletters and postcards, may require mailing.

Vendors are asked to provide pricing for mailing and postage associated with those items.

Location Name Address
City Hall 11710 Telegraph Road
Santa Fe Springs, CA 90670
City Library 11700 Telegraph Road
Santa Fe Springs, CA 90670
Police Service Center 11576 Telegraph Road
Santa Fe Springs, CA 90670
Municipal Services Yard 12636 Emmens Way
Santa Fe Springs, CA 90670
Gus Velasco Neighborhood Center/Park 9255 Pioneer Boulevard Santa Fe Springs, CA 90670
Activity Center 11155 Charlesworth Road
Santa Fe Springs, CA 90670
Fire and Rescue 11300 Greenstone Ave
Santa Fe Springs, CA 90670
VI. Qualifications and Requirements
Vendors must clearly demonstrate how they meet the minimum qualifications to be considered. The following is a list of the City's requirements:
 Minimum five (5) years of experience with printing and mailing services, website services, translation, and/or graphic design
 Minimum three (3) years of experience providing similar services to a public agency of similar size and functionality as the City of Santa Fe Springs  A web-based platform to request business card orders is preferred  Ability to provide same-day service if the volume of the request is reasonable and sufficient notice is provided
Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 RFP 25-2 Printing, Graphic Design, and Mailing Services 9  Vendors must provide quotes based on the proposed fee schedule if requested by departments
 Must have the ability to provide mail services if requested Vendor should describe their experience and qualifications in their proposals to confirm that the above minimum requirements have been met. This should be detailed within their proposal within the section regarding Relevant Experience (See this RFP document, Section VIII – Proposal Content and Format for additional details) VII. Proposal Submittal
Please see Section VIII – Proposal Format and Content - for specific details regarding the information that needs to be included in your submission. Failure to provide all requested information may be considered “non-responsive” and rejected.

B. Vendor Questionnaire – Review and complete the questionnaire (Attachment A – Vendor Questionnaire). This document must be returned with your proposal.

E. Conflict of Interest Statement - The Vendor shall disclose any financial, business, or other relationship with the City that may have an impact upon the Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 RFP 25-2 Printing, Graphic Design, and Mailing Services 10 selection process. If the Vendor has no such conflicts, a statement declaring such should be included in their submission.

A. Title Page showing the request for proposals subject; the Vendor's name; the name, address, email, and telephone number of the contact person; and the date of the proposal.

B. Table of Contents identifying the items/section listed in the “Proposal Content” section of this RFP.

C. Proposal details following the order set forth in the "Proposal Content and Format" section of this RFP.

A. Preliminary Proposal Review - The evaluation committee will review each submission to ensure adherence to the minimum/proposal format requirements.

B. Proposal Evaluation - In the second part of this process, the evaluation committee will review and rate proposals based on the following:

1. Proposed fees for services (40 points)
 Proposed fees are reasonable
Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 RFP 25-2 Printing, Graphic Design, and Mailing Services 11 2. Experience of Firm and Project Personnel (30 points)  Experience, resources, and qualifications of the firm and assigned individuals to perform tasks identified in the scope of work

3. References Checks (20 points)
 Good reference checks from primary and/or secondary sources

Vendors outside the City of Santa Fe Springs are still highly encouraged to submit a response.

Interviews
If necessary, the City may require the top-rated proposers to participate in an interview.

The City will email those selected for the interview to schedule a date and time.

When a protest is filed before a scheduled proposal opening, specific steps must be followed:

Mail:

City of Santa Fe Springs
Attn: Department of Finance – Lana Dich
11710 Telegraph Road
Santa Fe Springs, CA 90670
Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 RFP 25-2 Printing, Graphic Design, and Mailing Services 12 Or
Email:
[email protected]
B. The protest must contain factual and legal reason(s) and should recommend a proposed remedy. Nevertheless, it should be noted that the City reserves the right not to implement the proposed remedy but to offer alternative solutions where applicable.

D. All potential proposers will be advised of a pending protest.

After the exhaustion of administrative remedies, the protesting party will be given the City’s final decision. The Director of Finance has the authority to decide on all protests.

Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 RFP 25-2 Printing, Graphic Design, and Mailing Services 13 Should the successful Vendor decline to execute the agreement, the City can either reject all proposals, accept one of the other proposals, or issue a new solicitation.

If an automobile is not necessary to perform services, the Vendor must submit a written request for a waiver of this requirement.

Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 RFP 25-2 Printing, Graphic Design, and Mailing Services 14 E. Cyber Liability Insurance (if applicable)
With limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.

If not covered under Vendor’s liability policy, such “property” coverage of City may be endorsed onto Vendor’s Cyber Liability Policy as covered property.

Required insurance documentation
A. Certificate of Insurance
The Certificate Holder must be listed as follows:

Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 RFP 25-2 Printing, Graphic Design, and Mailing Services 15 1. Additional insured endorsements to the general liability and auto liability* insurance policies. The "City of Santa Fe Springs, its officials, employees, and agents" must be endorsed to the Vendor's general liability policy as well as the auto liability policy as additional insureds on an endorsement equivalent to ISO forms CG 20 10 11 85 or CG 20 26 11 85.

C. Waiver and Modifications of the Insurance Requirements The City has the authority to modify these insurance requirements at any time at its discretion.

Vendors may request a waiver or modification of these insurance requirements.

Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 RFP 25-2 Printing, Graphic Design, and Mailing Services 16 XIV. Use of Federal Funds
The City may elect to use funding from Federal sources for a portion of or all expenses related to this project. The United States Federal Government requires purchases of items and services to meet specific standards when using Federal funds, including grants, cooperative agreements, contracts, and Federal funds "passed-through" to the City from a non-Federal entity (i.e., sub-recipient agreements). These requirements are codified under the Code of Federal Regulation's (CFR) Title 2, Subtitle A, Chapter II, Part 200 (also referred to as "2 CFR 200" or "Uniform Guidance") and the Federal Acquisition Regulations (FAR), as applicable.

Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 RFP 25-2 Printing, Graphic Design, and Mailing Services 17 C. Non-Discrimination: The Vendor shall not discriminate in the employment of persons because of race, color, national origin, ancestry, mental/physical disabilities, sex, or religion of such persons.

E. Age: The Vendor will only hire individuals of legal age to work.

Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 RFP 25-2 Printing, Graphic Design, and Mailing Services 18 XXI. Ex-Parte Communications
Vendors and their representatives should not engage in unauthorized communications with elected officials, officers, employees, or agents of the City about this RFP. This requirement includes any evaluation panel member, except for designated RFP facilitators. This requirement remains in effect until after award notifications have been made.

This restriction does not prohibit consultants and their representatives from making oral statements or presentations to City representatives during a scheduled public meeting.

XXII. General Rights of the City
At its discretion, the City reserves the right to:

A. Reject any and/or all proposals for no reason or any reason including, but not limited to, the following:

1. The proposal is incomplete, non-responsive, obscure, irregular, or lacking necessary detail and specificity.

2. The Vendor, in the sole judgment of the City, lacks the qualifications, experience, and/or responsibility necessary to provide the services.

3. The Vendor failed or neglected to complete and submit any information within the time specified by the City and as may be otherwise required herein.

PLEASE REVIEW
Attachment A – Vendor Questionnaire
Attachment B – References
Attachment C – Sample PSA
Also See – Sample Items 1 - 7
Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 RFP 25 – 2 Printing, Graphic Design, and Mailing Services ATTACHMENT A – Vendor Questionnaire
(COMPLETE AND RETURN WITH YOUR PROPOSAL)
Business Name
Business Address
Business Phone Number
Contact Person
Name and Title
Contact Person
Phone Number
Contact Person
Email Address
Please submit responses to the following questions:

1. Is your business primary office
located within the City of Santa Fe
Springs? If so, you may qualify for
the local vendor preference.

Please submit a copy of your
business license with your
proposal submission.

2. How many years of experience do
you have providing printing
services?

3. How many years of experience do
you have providing graphic design
services?
1 Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954

4. Have you ever provided services
for a public agency (e.g. city,
county, state, Federal, school
district)?

5. If you answered “yes”, please
provide the name of the public
agency that you most recently
provided services?

6. Can you provide same
day/expedited services?

7. Do you have a web-based platform
for submitting/receiving business
card orders?
Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 RFP 25 – 2 Printing, Graphic Design, and Mailing Services ATTACHMENT B – References
(COMPLETE AND RETURN WITH YOUR PROPOSAL)
Entity Name
Entity Address
Name of Contact
Telephone Number of Contact
Email of Contact
Project Title
Date of Project
Entity Name
Entity Address
Name of Contact
Telephone Number of Contact
Email of Contact
Project Title
Date of Project
Entity Name
Entity Address
Name of Contact
Telephone Number of Contact
Email of Contact
Project Title
Date of Project
Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 ATTACHMENT C – SAMPLE PSA
[Type here] [Type here] [Type here]

CITY OF SANTA FE SPRINGS

To the extent that Exhibit B contains provisions inconsistent with this Agreement and/or Exhibit A, the provisions of this Agreement and Exhibit A shall govern.

5. PAYMENT
A. City agrees to pay Consultant monthly, [in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks]. This amount shall not exceed [Insert amount] Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 REV032024 Page 2 of 16 [Consultant Name]
dollars ($__.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.

7. DEFAULT OF CONSULTANT
If the City determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, the City shall serve Consultant a written notice of the default. Consultant shall have seven (7) days after service of said notice to cure the default. In the event that Consultant fails to cure the default within such period of time or fails to present the City with a written plan for the diligent cure of default if such default cannot be cured within seven days, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. Consultant shall be responsible for costs incurred by the City Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 REV032024 Page 3 of 16 [Consultant Name]
due to Consultant’s failure to comply with this section. The City shall have the right to offset against the amount of any fees due to Consultant any costs incurred by the City as a result of Consultant’s default.

9. INDEMNIFICATION AND DEFENSE
A. Indemnification. To the fullest extent permitted by law, Consultant shall indemnify and hold harmless the City and any and all of its officials, employees, agents, and/or volunteers (“Indemnified Parties”), from and against any and all claims, demands, actions, suits, losses, liabilities, damages, costs, and expenses, including attorney’s fees and costs, arising out of or in any way connected with the performance of Consultant, its officers, agents, employees, and/or subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) under this Agreement, including all acts or omissions, willful misconduct, or negligent conduct, whether active or passive, on the part of Consultant, its officers, agents, employees, and/or subconsultants. Consultant’s duty to indemnify and Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 REV032024 Page 4 of 16 [Consultant Name]
hold harmless the Indemnified Parties shall not extend to the sole negligence or willful misconduct of the Indemnified Parties.

Consultant will not be entitled in the absence of such a determination to any reimbursement of defense costs, including but not limited to attorney’s fees, expert fees, and costs of litigation.

B. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 REV032024 Page 5 of 16 [Consultant Name]
in the Agreement, the City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for the City. The City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold the City harmless from any failure of Consultant to comply with the applicable worker’s compensation laws. The City shall have the right to offset against the amount of any fees due to Consultant under this Agreement as a result of Consultant’s failure to promptly pay to the City any reimbursement or indemnification arising under this paragraph.

Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 REV032024 Page 6 of 16 [Consultant Name]

However, the City's right to review any such response does not imply or mean the Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 REV032024 Page 7 of 16 [Consultant Name]
right by the City to control, direct, or rewrite said response, or that the City has an obligation to review any such response or verifies any response it has reviewed.

To the City: City of Santa Fe Springs
11710 E. Telegraph Road
Santa Fe Springs, CA 90670
Attention:

To Consultant: _________________________
_________________________

Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 REV032024 Page 8 of 16 [Consultant Name]

21. AMENDMENTS
Any amendments to this Agreement must be in writing and executed by the parties hereto, or their respective successors and assigns, in order to be valid.

25. WAIVER
Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 REV032024 Page 9 of 16 [Consultant Name]
The delay or failure of any party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

CITY OF SANTA FE SPRINGS CONSULTANT
Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 REV032024 Page 10 of 16 [Consultant Name]
____________________________ ____________________________ Name: ______________________
Title: _______________________
Date: ______________________ Date: _______________________ ATTEST: CONSULTANT
__________________________ ____________________________ Janet Martinez, City Clerk Name: ______________________ Title: _______________________
Date: _______________________
APPROVED AS TO FORM:
_________________________
Ivy M. Tsai, City Attorney
Attachments: Exhibit A City’s Request for Proposals
Exhibit B Consultant’s Proposal
Exhibit C Insurance Requirements
Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 [Type here]

EXHIBIT A
CITY’S REQUEST FOR PROPOSALS
Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 [Type here]

EXHIBIT B
CONSULTANT’S PROPOSAL
Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 [Type here]

EXHIBIT C

Consultant shall submit to the City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, and volunteers.

Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 [Type here]
[Note: If the required limits for general liability, auto and employer’s liability are $1 million or less, the following paragraph may be omitted.] Umbrella or excess liability insurance. Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
 A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
 Pay on behalf of wording as opposed to reimbursement;  Concurrency of effective dates with primary policies;  Policies shall “follow form” to the underlying primary policies; and  Insureds under primary policies shall also be insureds under the umbrella or excess policies.

The City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 [Type here]
premium paid by the City will be promptly reimbursed by Consultant or the City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, the City may immediately terminate this Agreement.

Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 [Type here]
Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954

EXHIBIT B
CONSULTANT’S PROPOSAL
Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 103 Crabapple Drive, Pomona, CA 91767 • ph:213-500-5455 fax:562-946-6606 • email: [email protected]

LETTER OF INTEREST
August 29, 2024
Mr. Micah Herd, Procurement Manager
City of Santa Fe Springs – Department of Finance
11710 Telegraph Road
Santa Fe Springs, CA 90670
Subject: RFP Printing, Graphic Design, and Mailing Services Dear Mr. Herd,
My name is Mike Cabrera, President and Owner of INTERGRAPHICS COMPANY, respondent to the RFP posted by the City of Santa Fe Springs for printing and graphics design services.

I would like to first disclose that I have been providing printing services to the City of Santa Fe Springs for over 12 years through Ace Commercial, Inc. and Intergraphics Co. I have a 24 year working relationship with Ace Commercial, Inc. as both Employee and Business Associate. Ace Commercial, Inc. is my employer and subcontractor. The Santa Fe Springs Office is conveniently located across the street on Pioneer Blvd. This is where the production facility is located. But all sales transactions would be executed under Intergraphics Co. for insurance requirements and sales and use tax purposes. If the City of Santa Fe Springs deems it necessary to obtain a business license (Office Space) for my Ace Commercial, Inc. address, I will be more than happy to comply.

I also want to mention that my work and quality is something I hold with utmost regard, and always stive to deliver the best value and service to the needs of the City of Santa Fe Springs.

Below, please find all of the requested criteria for this proposal.

Thank you for considering our proposal, and we look forward to the opportunity to work with the City of Santa Fe Springs.

Sincerely,
Mike Cabrera
Intergraphics Company
Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 103 Crabapple Drive, Pomona, CA 91767 • ph:213-500-5455 fax:562-946-6606 • email: [email protected] Contact information:

Main Office:

Mike Cabrera Corp. DBA Intergraphics Company
103 Crabapple Drive
Pomona, Ca 91767
Email: [email protected]
Phone: 213-500-5455
Fax: 562-946-6606
Production Office:

Ace Commerical, Inc.
10310 Pioneer Blvd.

Santa Fe Springs, CA 90670
Phone: 213-500-5455
Fax: 562-946-6606
Email: [email protected]
Authorized Agent: MIKE CABRERA
SIGNATURE: __________________________
Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 103 Crabapple Drive, Pomona, CA 91767 • ph:213-500-5455 fax:562-946-6606 • email: [email protected]

TABLE OF CONTENTS
A. EXECUTIVE SUMARY
B. SCOPE OF WORK
C. CLENT REFERENCES
D. SAMPLE CERTIFICATE OF INSURANCE
E. ADDITIONS OR EXCEPTIONS
F. PROOF OF INSURANCE
Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 103 Crabapple Drive, Pomona, CA 91767 • ph:213-500-5455 fax:562-946-6606 • email: [email protected] A. EXECUTIVE SUMMARY
Thank you for taking the time to review my proposal for printing and graphics design services. We recognize the significance of delivering communications in a prompt and efficient manner to your residents and are enthusiastic about detailing our approach to fulfilling the requirements outlined in the RFP.

Having 27 years of experience as a commercial printing consultant, I have a proven track record of providing high-quality printing and mailing services to a range of clients, including several neighboring municipalities.

This extensive experience allows me the ability to offer solutions that go above and beyond your expectations, giving me a niche for providing exceptional results. We value and understand the importance of meeting deadlines and will work diligently to ensure timely delivery of your project every time.

Intergraphics Company is fully compliant for meeting the insurance requirements for the City of Santa Fe Springs. You can count on my company providing 2 million/4 million in general liability coverage, 1 million in auto liability insurance, and 2 million in errors and omissions coverage. We are prepared to provide the City with all Certificates of insurance and all Endorsements to satisfy this Agreement.

As your dedicated account manager, I will ensure clear communication with your staff throughout the project, coordinating production and regularly updating progress, while offering solutions to any challenges that may arise.

Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 103 Crabapple Drive, Pomona, CA 91767 • ph:213-500-5455 fax:562-946-6606 • email: [email protected] B. SCOPE OF WORK
My overall approach to any project begins with a clear understanding of your specific needs and goals.

In order to quickly and effectively produce any project, typically for new clients we follow a set of checklists to ensure a seamless process. I will work closely with your design team to understand the design elements and art files needed for the project. I will also provide options to the city on maximizing use of the printing process to reduce costs.

If there are any areas that need improvement or simplification, I will always provide guidance making future collaborations efficient and successful. Since we already have an established working relationship with the city of Santa Fe Springs the city, staff and design staff are already familiar with our expectations and quality of service.

To meet the requirements of this RFP, we will employ a three-step process. 1: Work closely with your design staff and curtail a plan for every request, and present solutions that line up with your vision.
2: Present proposals for approval by city staff and department heads followed by scheduling print production with partner suppliers.
3: Follow through and keep city staff updated on progress, always keeping your deadlines at the forefront.

Once the design is finalized, I will work with your design team to resolve any challenges with file preparation. Upon establishing that your art files are optimal for printing we will then move into the approval stage. Samples will be presented if needed.

A hard copy digital color proof will be presented to the city for final approval. Any minor corrections or updates can be approved via email with a PDF proof or if the city requires a hard copy proof, an updated proof will be presented for approval. Once the project is approved, I will oversee press approval as the brochure is printing to insure color on our state-of-the-art UV press or heat-set web press. This is to ensure the highest quality output for every brochure while remaining cost-effective. My experienced press technicians will also oversee the production process, performing regular quality control checks to ensure accuracy and consistency.

In conclusion, I believe my extensive experience in the industry, combined with our commitment to quality and customer satisfaction, make Intergraphics Co. the ideal partner for this project. I am confident that my proposed solution will effectively meet the requirements of this RFP and deliver a product that exceeds your expectations.

Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 103 Crabapple Drive, Pomona, CA 91767 • ph:213-500-5455 fax:562-946-6606 • email: [email protected] C. CLIENT REFERENCES

CITY OF NORWALK (NEW CLIENT)
Contact: LEVY SUN, Director of Communications & Public Affairs Scope of Work: Printing and Mailing of City Newsletter and Recreation Brochure Date: Oct. 2023-present
Phone: 562.929.5753

CITY OF BELLFLOWER
Contact: Mike Machado, Recreation Supervisor
Scope of Work: Printing and Mailing of City Newsletter and Recreation Guide.

Date: 2000-present
Email: [email protected]
Phone: (562) 804-1424 ext. 2258

CITY OF SOUTH GATE
Contact: Ana Medina, Senior Secretary, Department of Parks and Recreation Scope of Work: Printing and Mailing of Recreation Guide.

Date: 2022-present
Phone: 323-357-9645

CITY OF SANTA FE SPRINGS
Contact: Raelene Barraza, Public Information Officer
Scope of Work: Printing and Mailing of City Newsletter and Activity Guide.

Date: 2008-present
Email: [email protected]
Phone: (562) 868-0511, ext 7538

CITY OF BELL GARDENS
Contact: Raymond Corona, Administrative Assistant, Recreation and Community Services Department Scope of Work: Printing and Mailing of Recreation Guide.

Date: 2015-present
Email: [email protected]
Phone: 562-806-7650

CITY OF LYNWOOD
Contact: Jamel Goodloe, Media Analyst, Marketing Division.

Scope of Work: Printing and Mailing of City Newsletter.

Date: 2016-present
Phone: 310.603.0220 Ext. 613
=
Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 103 Crabapple Drive, Pomona, CA 91767 • ph:213-500-5455 fax:562-946-6606 • email: [email protected] E. ADDITIONS OR EXCEPTIONS
Note: California Sales and Use Tax Regulation 1541.5. for Printed Sales Messages exempts any printed materials delivered through the US Postal Service from sales tax.

Any additional changes to specifications not included in this RFP are subject to revision and approval by the City of Santa Fe Springs. Most delivery charges are included in the Fee Schedule. Intergraphics Co. will work in good faith to resolve any discrepancies not included in this RFP. Due to fluctuations in commodity prices that directly affect the availability and cost of paper, the price not to exceed can be predicated to no more than 10% of the total cost for this calendar year. Any events drastically affecting availability and cost of paper or materials will be communicated with City Staff (Ex. Inflation, Pandemic, War, Supply Chain disruptions and Natural Disasters).

Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 103 Crabapple Drive, Pomona, CA 91767 • ph:213-500-5455 fax:562-946-6606 • email: [email protected] G. PROOF OF INSURANCE
Please see attached Certificates of Insurance.

Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
02/27/2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.

THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER

NUTMEG INS AGENCY INC/PHS
76210775
The Hartford Business Service Center
3600 Wiseman Blvd
San Antonio, TX 78251

CONTACT
NAME:

PHONE
(A/C, No, Ext):
(888) 925-3137 FAX
(A/C, No):

E-MAIL
ADDRESS:

INSURER(S) AFFORDING COVERAGE NAIC#

INSURED
MIKE CABRERA CORP. DBA INTERGRAPHICS COMPANY
103 CRABAPPLE DR
POMONA CA 91767-1846
INSURER A : Hartford Underwriters Insurance Company 30104 INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR

LTR TYPE OF INSURANCE ADDLINSR
SUBR

WVD POLICY NUMBER POLICY EFF(MM/DD/YYYY)

POLICY EXP
(MM/DD/Y YYY) LIMITS
A

COMMERCIAL GENERAL LIABILITY
X X 76 SBU BC0AGN 12/06/2023 12/06/2024
EACH OCCURRENCE $2,000,000

CLAIMS-MADE X OCCUR DAMAGE TO RENTED
PREMISES (Ea occurrence) $1,000,000
X General Liability MED EXP (Any one person) $10,000
PERSONAL & ADV INJURY $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 X POLICY PROJECT LOC PRODUCTS - COMP/OP AGG $4,000,000 OTHER:

AUTOMOBILE LIABILITY
76 SBU BC0AGN 12/06/2023 12/06/2024

COMBINED SINGLE LIMIT
(Ea accident) $2,000,000
ANY AUTO BODILY INJURY (Per person)

ALL OWNED
AUTOS

SCHEDULED
AUTOS BODILY INJURY (Per accident)

X HIRED

AUTOS X NON-OWNEDAUTOS

PROPERTY DAMAGE
(Per accident)

UMBRELLA LIAB

EXCESS LIAB
OCCUR
CLAIMSMADE

EACH OCCURRENCE

AGGREGATE
DED RETENTION $

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
ANY

PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N/ A
PER

STATUTE
OTHER
Y/N E.L. EACH ACCIDENT
E.L. DISEASE -EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
A Data Breach - Defense & Liab
Covg
76 SBU BC0AGN 12/06/2023 12/06/2024 Limit $50,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the Insured's Operations. Please see Acord 101 attached for additional remarks.

CERTIFICATE HOLDER CANCELLATION
City of Norwalk
12700 NORWALK BLVD
NORWALK CA 90650-3144

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED

BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE
© 1988-2015 ACORD CORPORATION. All rights reserved.

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 1001486 132849.14 04-13-2022
INSR

LTR TYPE OF INSURANCE ADD INSD
SUB

WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY) LIMITS

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PROJECT LOC
OTHER:

EACH OCCURRENCE $

DAMAGE TO RENTED
PREMISES (Ea occurrence) $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
PRODUCTS - COMP/OP AGG $
$

AUTOMOBILE LIABILITY

ANY AUTO
OWNED

AUTOS ONLY

SCHEDULED

AUTOS HIRED

AUTOS ONLY

NON-OWNED

AUTOS ONLY

COMBINED SINGLE LIMIT
(Ea accident) $
BODILY INJURY (Per person) $
BODILY INJURY (Per accident) $

PROPERTY DAMAGE
(Per accident) $
$

UMBRELLA LIAB OCCUR

EXCESS LIAB CLAIMS-MADE
DED RETENTION $
EACH OCCURRENCE $
AGGREGATE $
$

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y / N
N / A
PER

STATUTE
OTHER $
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
E.L. DISEASE - POLICY LIMIT $

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

CANCELLATION
E-MAIL
ADDRESS:

CONTACT
NAME:

PHONE
(A/C, No, Ext): FAX
(A/C, No):

INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A :

INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

PRODUCER

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD

AUTHORIZED REPRESENTATIVE
A Y
749 7511-D05-75 10/05/2023 04/05/2024 1,000,000
[email protected]
Candace
562 866.2250 562 866.3755
State Farm Mutual Automobile Insurance Company 25178
ENA ALCARAZ INSURANCE AGENCY INC.
17814 WOODRUFF AVE STE 1
BELLFLOWER CA 90706
Mike Cabrera Corp dba Inter-Graphics Co.
103 Crabapple Drive
Pomona CA 91767
12/13/2023
City of Bellflower
City Clerk's Office
16600 Civic Center Dr
Bellflower CA 90706
City of Bellflower, City Clerk's Office "Its Officials and Employees listed as additional insureds." 30-day notice of cancellation
Completed by an authorized State Farm representative. If signature is required, please contact a State Farm agent.

Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 RFP 25 – 2 Printing, Graphic Design, and Mailing Services ATTACHMENT A – Vendor Questionnaire
(COMPLETE AND RETURN WITH YOUR PROPOSAL)
Business Name
Business Address
Business Phone Number
Contact Person
Name and Title
Contact Person
Phone Number
Contact Person
Email Address
Please submit responses to the following questions:

1. Is your business primary office
located within the City of Santa Fe
Springs? If so, you may qualify for
the local vendor preference.

Please submit a copy of your
business license with your
proposal submission.

2. How many years of experience do
you have providing printing
services?

3. How many years of experience do
you have providing graphic design
services?
1 MIKE CABRERA CORP. DBA

INTERGRAPHICS COMPANY
103 CRABAPPLE DRIVE, POMONA, CA 91767
213-500-5455

MIKE CABRERA / PRESIDENT
213-500-5455
[email protected]
27 years
27 years

PRODUCTION AND SALES OFFICE
ACE COMMERCIAL, INC.
10310 PIONEER BLVD.

SANTA FE SPRINGS, CA 90670
Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954

4. Have you ever provided services
for a public agency (e.g. city,
county, state, Federal, school
district)?

5. If you answered “yes”, please
provide the name of the public
agency that you most recently
provided services?

6. Can you provide same
day/expedited services?

7. Do you have a web-based platform
for submitting/receiving business
card orders?
City Of Bellflower, City Of Bell Gardens, City of
South Gate, City of Whittier, City of Long Beach,
City of Santa Fe Springs, City of Pico Rivera, City
of Baldwin Park, City of La Mirada, City of
Lynnwood, The State of California DGS.

Yes
Yes, depending on the project
and time files received.

Not at the moment. We supply Excel
template for client to submit information.

We layout and submit proofs.

Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 103 Crabapple Drive, Pomona, CA 91767 • ph:213-500-5455 fax:562-946-6606 • email: [email protected] C. CLIENT REFERENCES

CITY OF BELLFLOWER
Contact: Mike Machado, Recreation Supervisor
Scope of Work: Printing and Mailing of City Newsletter and Recreation Guide.

Date: 2000-present
Email: [email protected]
Phone: (562) 804-1424 ext. 2258

CITY OF SOUTH GATE
Contact: Ana Medina, Senior Secretary, Department of Parks and Recreation Scope of Work: Printing and Mailing of Recreation Guide.

Date: 2022-present
Phone: 323-357-9645

CITY OF SANTA FE SPRINGS
Contact: Raelene Barraza, Public Information Officer
Scope of Work: Printing and Mailing of City Newsletter and Activity Guide.

Date: 2008-present
Email: [email protected]
Phone: (562) 868-0511, ext 7538

CITY OF BELL GARDENS
Contact: Raymond Corona, Administrative Assistant, Recreation and Community Services Department Scope of Work: Printing and Mailing of Recreation Guide.

Date: 2015-present
Email: [email protected]
Phone: 562-806-7650

CITY OF LYNWOOD
Contact: Jamel Goodloe, Media Analyst, Marketing Division.

Scope of Work: Printing and Mailing of City Newsletter.

Date: 2016-present
Phone: 310.603.0220 Ext. 613
=
Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 City of Santa Fe Springs
Printing, Graphic Design, and Mailing Services (RFP 25-2), bidding on 09/05/2024 2:00 PM (PDT)

Page 1 of 5 ends

Printed 09/05/2024
PlanetBids
Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 City of Santa Fe Springs
Printing, Graphic Design, and Mailing Services (RFP 25-2), bidding on 09/05/2024 2:00 PM (PDT)

Page 2 of 5 ends

Page 3 of 5 ends

Page 4 of 5 ends

Page 5 of 5 ends

Printed 09/05/2024
PlanetBids
Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954

EXHIBIT C

Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 Consultant shall submit to the City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, and volunteers.

The City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Consultant or the City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, the City may immediately terminate this Agreement.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City and shall require similar written express waivers and insurance clauses from each of its subconsultants.

Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Docusign Envelope ID: 9D7587F7-F47D-472F-AD01-C883A648A954 ITEM # 25

CITY OF SANTA FE SPRINGS

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: James Enriquez, P.E., Director of Public Works / City Engineer SUBJECT: MEASURE R FUNDING AGREEMENT WITH LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY – AMENDMENT
NO. 2 TO AGREEMENT MR315.42
DATE: October 15, 2024
RECOMMENDATION:

It is recommended that the City Council:
1) Approve Amendment No. 2 for Measure R Funding Agreement MR315.42 for Florence Avenue Widening Project, from Orr and Day to Pioneer Boulevard; and 2) Authorize the City Manager to execute Amendment No. 2; and 3) Take such additional, related, action that may be desirable.

FISCAL IMPACT
Amendment No. 2 extends the Lapse Date to June 30, 2025, allowing the City to request final reimbursement for the completed Project in the amount of $158,169.74. The total project funding remains at $3,800,000, with adequate funds to cover the final reimbursement.

BACKGROUND
In 2008, the voters of Los Angeles County approved Measure R. Measure R is a halfcent sales tax that took effect in January 2009 to help finance new transportation projects and programs and accelerate those already in progress.

On December 1, 2016, the City Council approved Agreement No. MR 315.42 with the Los Angeles County Metropolitan Transportation Authority (LACMTA) to receive funding for CITY COUNCIL AGENDA REPORT – MEETING OF OCTOBER 15, 2024 Measure R Funding Agreement with Los Angeles County Metropolitan Transportation Authority- Amendment No. 2 to Agreement MR315.42

Page 2 of 2 ends

the Florence Avenue Widening Project as part of the I-605 Corridor Hot Spots Interchange Improvements. On December 19, 2019, the City requested an additional $3,200,000.00 in Measure R funds to complete the project and Amendment No. 1 was executed bringing the total available funds to $3,800,000. The project was completed on January 5, 2021.

ANALYSIS
Approving Amendment No. 2 will enable the City to seek reimbursement for the Florence Avenue Widening Project from Orr and Day to Pioneer Boulevard for the remaining balance of $158,169.74.

ENVIRONMENTAL
N/A

DISCUSSION
N/A

SUMMARY/NEXT STEPS
Upon approval by the City Council, City Staff will request the final reimbursement of $158,169.74 from LACMTA for the Florence Avenue Widening Project under Measure R Funding Agreement MR315.42.

ATTACHMENTS:

A. Amendment No. 2
B. Agreement No. MR 315.42, including Amendment No. 1
FTIP #: LA0G1336
Subregion ID: I-605/SR-91/I-405 Corridors
“Hot Spots”
Project#: MR315.42
Amendment No. 2
FA# 920000000MR31542
Rev: 10.26.2022 1 Measure R Funding Agreement Amendment Highways – General
AMENDMENT No.2 TO MEASURE R FUNDING AGREEMENT

BETWEEN CITY OF SANTA FE SPRINGS AND THE LOS ANGELES COUNTY

METROPOLITAN TRANSPORTATION AUTHORITY

This Amendment No. 2 to the Funding Agreement (this “Amendment”), is dated as of May 22, 2024 by and between the City of Santa Fe Springs ("Grantee") and the Los Angeles County Metropolitan Transportation Authority ("LACMTA").

RECITALS:

A. Grantee and LACMTA entered into that certain Funding Agreement No. 920000000MR31542, dated September 20, 2016, which was amended June 30, 2019 (as amended, the "Existing FA"), which Existing FA provides for the Florence Avenue Widening Project, from Orr & Day to Pioneer Blvd (the “Project”); and B. WHEREAS, the LACMTA Board on January 26, 2023 delegated administrative authority to staff to extend lapsing dates to meet PAED, PS&E, ROW, and Construction time frames; and
C. Whereas, the Grantee and LACMTA desire to extend the lapse date of the Project funds programmed for Fiscal Year (FY) FY 2018-19 to June 30, 2025; and D. Grantee and LACMTA desire to amend the Existing FA as provided herein.

FTIP #: LA0G1336
Subregion ID: I-605/SR-91/I-405 Corridors
“Hot Spots”
Project#: MR315.42
Amendment No. 2
FA# 920000000MR31542
Rev: 10.26.2022 2 Measure R Funding Agreement Amendment Highways – General
AGREEMENT:

NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows:

1. Part II, Section 9.1 (vii) of the Existing FA is hereby amended by deleting it in its entirety and replacing it with the following: “(vii) Expending the Funds granted under this FA for allowable costs by the lapsing date. All Funds programmed for FY 2016-17 are no longer available. All Funds programmed for FY 2017-18 are no longer available. All Funds programmed for FY 2018-19 are subject to lapse by June 30, 2025. ”

2. Attachment B1-1 of the Existing FA is hereby replaced by Attachment B1-2, attached.

3. Attachment C-1 the Existing FA is hereby replaced by Attachment C-2, attached.

4. Except as expressly amended hereby, the Existing FA remains in full force and effect as originally executed. All rights and obligations of the parties under the Existing FA that are not expressly amended by this Amendment shall remain unchanged.

FTIP #: LA0G1336
Subregion ID: I-605/SR-91/I-405 Corridors
“Hot Spots”
Project#: MR315.42
Amendment No. 2
FA# 920000000MR31542
Rev.: 03.08.2023 3 Measure R Funding Agreement Amendment Highways – General
IN WITNESS WHEREOF, the parties have caused this Amendment No.2 to the FA to be executed by their duly authorized representatives as of the dates indicated below:

LACMTA:

LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY By: ________________________________________ Date: ____________________ Stephanie N. Wiggins
Chief Executive Officer
APPROVED AS TO FORM:

DAWYN R. HARRISON
County Counsel
By: ________________________________________ Date: ____________________ Deputy
GRANTEE:

City of Santa Fe Springs
By: _______________________________________ Date: ____________________ René Bobadilla
City Manager
APPROVED AS TO FORM:

By: _______________________________________ Date: ____________________ Rick Olivarez
City Attorney
9/11/24
SOURCES OF FUNDS Prior
Expenditures
FY 2024-25
Qtr 1
FY 2024-25
Qtr 2
FY 2024-25
Qtr 3
FY 2024-25
Qtr 4
FY 2025-26
Qtr 1
TOTAL
BUDGET
LACMTA PROGRAMMED FUNDS:

MEASURE R FUNDS:

PAED $150,000 $150,000
PS&E $300,000 $300,000
RW Support $100,000 $100,000
Const. Support $478,000 $478,000
RW $50,000 $50,000
Construction $2,085,391 $551,218 $85,391 $2,722,000
Total MEASURE R $3,163,391 $551,218 $85,391 $0 $0 $0 $0 $0 $3,800,000 SUM PROG LACMTA FUNDS: $3,163,391 $551,218 $85,391 $0 $0 $0 $0 $0 $3,800,000

PROJECT FUNDING
FY23-24 and FY24-25
$3,163,391 $551,218 $85,391 $0 $0 $0 $0 $0 $3,800,000
SOURCES OF FUNDS FY 2025-26
Qtr 2
FY 2025-26
Qtr 3
FY 2025-26
Qtr 4
FY 2026-27
Qtr 1
FY 2026-27
Qtr 2
FY 2026-27
Qtr 3
FY 2026-27
Qtr 4
TOTAL
BUDGET
LACMTA PROGRAMMED FUNDS:

MEASURE R FUNDS:

PAED $0
PS&E $0
RW Support $0
Const. Support $0
RW $0
Construction $0
Total MEASURE R $0 $0 $0 $0 $0 $0 $0 $0 $0
SUM PROG LACMTA FUNDS: $0 $0 $0 $0 $0 $0 $0 $0 $0

PROJECT FUNDING
FY25-26 and FY26-27
$0 $0 $0 $0 $0 $0 $0 $0 $0

SUMMARY OF ALL FUNDS
PAED $150,000 $0 $0 $0 $0 $0 $0 $0 $150,000
PS&E $300,000 $0 $0 $0 $0 $0 $0 $0 $300,000
RW Support $100,000 $0 $0 $0 $0 $0 $0 $0 $100,000
Const. Support $478,000 $0 $0 $0 $0 $0 $0 $0 $478,000
RW $50,000 $0 $0 $0 $0 $0 $0 $0 $50,000
Construction $2,085,391 $551,218 $85,391 $0 $0 $0 $0 $0 $2,722,000 TOTAL MILESTONES $3,163,391 $551,218 $85,391 $0 $0 $0 $0 $0 $3,800,000 SUM PROG LACMTA FUNDS $3,163,391 $551,218 $85,391 $0 $0 $0 $0 $0 $3,800,000 SUM NON-LACMTA FUNDS $0 $0 $0 $0 $0 $0 $0 $0 $0
TOTAL PROJECT FUNDING $3,163,391 $551,218 $85,391 $0 $0 $0 $0 $0 $3,800,000 ATTACHMENT B1-2 - EXPENDITURE PLAN COST & CASH FLOW BUDGET Measure R Program - Funding Agreement Projects - FA# 920000000MR315.42 A-2 Project Title: Florence Avenue Widening Project#: MR315.42

PROGRAMMED SOURCES OF FUNDS
FTIP #: LA0G1336
Subregion ID: I-605/SR-91/I-405 Corridors “Hot
Spots”
Project# MR315.42
Amendment 2
Funding Agreement #920000000MR315.42
06-12-19 1 FA Measure R Hwys Gen Attachment C Scope of
Work
ATTACHMENT C-2

SCOPE OF WORK
PROJECT TITLE:

Florence Avenue Widening Project
PROJECT LOCATION:

The project is located on Florence Avenue, from Orr & Day Road to Pioneer Blvd. in the City of Santa Fe Springs.

PROJECT LIMITS:

This project limits are from Orr & Day Road to Pioneer Blvd. which is approximately ½ mile

NEXUS TO HIGHWAY OPERATION, DEFINITION/PROJECT PURPOSE:

The Florence Ave. on/off ramps at the I-5 and I-605 are less than ¼ mile apart. Traffic coming to and from both the I-5 and I-605 on/off ramps overwhelms the operational capacity at the adjacent intersections and roadway segments. The proposed street widening will improve traffic flow through this segment, immediately adjacent to the freeway on/off ramps.

PROJECT BACKGROUND:

The purpose of this project is to increase capacity, by widening the arterial from an existing 5 lane section (2 lanes each direction, with a center turn lane or median) to a 7 lane section (3 lanes each direction, with a center turn lane). Additional capacity is needed along Florence Avenue, consistent with the newly constructed project at the interchange, to improve Level of Service and Operational performance.

TOTAL PROJECT BUDGET:

COMPONENT AMOUNT
PA/ED 150,000
PS and E 300,000
R/W Support 100,000
R/W Capital 50,000
Construction Support 478,000
Construction Capital 2,722,00
Total Budget $ 3,800,000

SCOPE:

The Project features includes ALL phases of the project delivery, but are not limited to, the following:

PRELIMINARY DESIGN AND ENVIRONMENTAL REPORT:

I. Preliminary Design

FTIP #: LA0G1336
Subregion ID: I-605/SR-91/I-405 Corridors “Hot
Spots”
Project# MR315.42
Amendment 2
Funding Agreement #920000000MR315.42
06-12-19 2 FA Measure R Hwys Gen Attachment C Scope of
Work
Tasks to be performed include, but are not limited to, the following:

A. Account for field visits of the project area to identify design issues. Record existing site conditions in photographs and/or video.

B. Read, review and understand all aspects and goals of the Lead Agency’s General Plan Circulation Element and other plans, as these plans pertain to the widening and ultimate build-out of Florence Avenue.

C. Incorporate provided layout plans to be incorporated into the final design.

II. Environmental Report

Tasks to be performed include, but are not limited to, the following:

A. Define a complete and detailed project description and delineate project study areas that will meet the needs of technical analyses and a Categorical Exemption (CE).

B. Conduct the required technical analysis for the project.

C. Prepare, following completion of appropriate technical analysis, an Administrative CE, consistent with CEQA Guidelines Appendix G, for review and approval by the City.

D. Prepare the CE for public circulation.

E. Prepare responses to public review of Draft and prepare a CE and submit for review to the City.

F. Coordinate with the City and prepare permit applications/notifications for the Project as applicable.

FINAL DESIGN – PLANS, SPECIFICATIONS AND ESTIMATES (PS&E):

Tasks to be performed include, but are not limited to, the following:

A. Design the ultimate build out of Florence Avenue.

B. Prepare civil roadway plans for the required improvements, consistent with City format and standards.

C. Provide necessary survey points within the project area, to establishing horizontal and vertical control at pinch points.

D. Identify and coordinate with all utilities in the project area to facilitate the final design of the Project.

E. Identify street pavement structural sections for project area.

F. Identify all drainage/BMP structure improvements, based upon hydrology, hydraulic calculations and water quality issues. Structural BMPs shall be incorporated into the street design for stormwater quality improvements prior to entering natural waterways.

G. Submittal of plan set shall be delivered at 65% and 90% complete and final (five (5) sets per submittal). When project is complete, the Consultant shall provide AutoCAD files and mylars for all plan sheets.

H. Assist the City for the Community Information Workshop after the 90% submittal by preparing exhibits and attending workshop and be prepared to discuss concerns of the property owners.

I. Prepare construction specifications consistent with City format (SSPWC “Greenbook” APWA, current edition with updates.

FTIP #: LA0G1336
Subregion ID: I-605/SR-91/I-405 Corridors “Hot
Spots”
Project# MR315.42
Amendment 2
Funding Agreement #920000000MR315.42
06-12-19 3 FA Measure R Hwys Gen Attachment C Scope of
Work
J. Submittal of specifications shall be delivered to the City at 90% complete and final.

When project is complete, the Consultant shall provide a digital file of specification package in Microsoft Word format for Windows.

III. Project Management and Preparation of Periodic Updated Schedule, Deliverables and Meetings
Tasks to be performed include, but are not limited to, the following:

A. Meet as needed with the City to accomplish Project tasks as outlined. Meetings expected between the Consultant and City, shall be and not be limited to: Project Kick-off Meeting, progress meetings and preparation for the Community Information Workshop at 95% design completion.

B. Provide periodic schedule updates on deliverables and meetings as changes to original schedule occur or as needed based on the needs of the project.

RIGHT-OF-WAY:

Right-of-Way Support and Right-of-Way Capital

Right-of-Way Support:

Tasks to be performed include, but are not limited, to the following:

A. Prepare and provide exhibits, plats and legal descriptions for the properties requiring right of way acquisition, slope easements, temporary construction easements and/or rights-of-entry.

B. Identify right-of-way acquisitions, and/or vacations to provide for the optimal alignment of Road, which shall incorporate roadway widening, development build outs and preservation of existing improvements and scenic character of the area.

C. Meet as needed with the City to accomplish Project tasks as outlined. Meetings expected between the Consultant and City, shall be and not be limited to: Project Kick-off Meeting, site visits, progress meetings and preparation for City Council meetings.

D. Provide periodic schedule updates on deliverables and meetings as changes to original schedule occur or as needed based on the needs of the project.

Right-of-Way Capital:

Tasks to be performed include, but are not limited to, the following:

A. Order title reports/litigation guarantees.

B. Present conceptual plans and photo renderings (i.e. before and after) to property owners adjacent to project.

C. Shall choose an Appraiser to prepare and provide appraisal of properties requiring right of way acquisition, if needed.

D. Authorize appraisals and improvements pertaining to properties, if needed.

E. Notify and meet with property owners of appraisals and detailed improvements to their properties, if needed.

F. Set just compensation, if needed.

G. Present written offer letters and appraisal summaries to property owners, if needed.

H. Conduct negotiations to settlement including possession of property, if needed.

FTIP #: LA0G1336
Subregion ID: I-605/SR-91/I-405 Corridors “Hot
Spots”
Project# MR315.42
Amendment 2
Funding Agreement #920000000MR315.42
06-12-19 4 FA Measure R Hwys Gen Attachment C Scope of
Work
I. Relocate Utilities in Conflict, if needed.

CONSTRUCTION:

Grantee expects to provide construction oversight, procure a consultant for construction management, award a contract for construction and to perform the following tasks:

A. Contract with a separate engineering firm to provide Construction Management for the Project. This will be accomplished through an RFP.

B. Contract with a Contractor for construction.

C. Conduct a “Ribbon Cutting” ceremony at the completion of the Project.

The Design Consultant shall meet as needed with the Grantee to accomplish Project tasks as outlined. Meetings expected between the Consultant and Grantee shall include, but not be limited to, Pre-Construction Meeting, progress meetings and preparation of responses to RFIs.

MILESTONES: The implementation schedule for this project will be as follows.

START DATE COMPLETION DATE

SOLICITATION (BID/PROPOSAL)
Develop Solicitation Package
Solicitation Response
Evaluations
Selection
Board Approval
Contract Award
Fully Executed Contract January 2017 January 2017

PLANNING
Prepare Concept Report
Prepare Feasibility Study
Prepare Project Study Report
Intelligent Transportation System (ITS)
Feasibility Study
Concept Exploration
Insert other planning milestones

PRELIMINARY DESIGN
Prepare Detailed Design Plans 9/10/2017 12/12/2019
Prepare Detailed Construction Plans
Prepare Project Cost Estimate
Intelligent Transportation System (ITS)
Concept of Operations
System Requirements
High Level Design
Insert other prelim design milestones
PA&ED
Prepare Environmental Document
Document Type:______________
Scoping
Technical Studies
Draft Environmental Document
Final Environmental Document 2/6/2017 2/20/2017
Community Outreach
FTIP #: LA0G1336
Subregion ID: I-605/SR-91/I-405 Corridors “Hot
Spots”
Project# MR315.42
Amendment 2
Funding Agreement #920000000MR315.42
06-12-19 5 FA Measure R Hwys Gen Attachment C Scope of
Work
Secure Project Approval
Intelligent Transportation System (ITS)
Categorical Exemption Filing
Insert other PAED milestones
PS&E
35% PS&E
Preliminary Investigations
Preliminary Foundation
Geometric Drawings
Bridge Type Selection Roadway and Retrofit
Strategy
ADL Review
Utilities
Right-of-Way 2/21/2017 5/22/2017
Estimating
Civic Design
Structural Design
Intelligent Transportation System (ITS)
FTIP #: LA0G1336
Subregion ID: I-605/SR-91/I-405 Corridors “Hot
Spots”
Project# MR315.42
Amendment 2
Funding Agreement #920000000MR315.42
06-12-19 6 FA Measure R Hwys Gen Attachment C Scope of
Work
CONSTRUCTION MILESTONES: The implementation schedule for this project will be as follows.

START DATE COMPLETION DATE

SOLICITATION (BID/PROPOSAL)
Develop Solicitation Package
Solicitation Response
Evaluations
Selection
Board Approval Process
Contract Award
Fully Executed Contract 12/13/2019 2/13/2019

EXCAVATION
Clear/Grub
Survey
Sample Borings
Grading
Compaction
Drainage

ENVIRONMENTAL

Hazardous Materials Handling
Archaeological
Air Quality Monitoring

CONCRETE
Form Work
Rebar Placement
Pole Placement

TRAFFIC CONTROL
TMP

STRUCTURAL
False Work
Iron Placement
Pole Placement

UTILITIES
DWP
SCE
LADOT

MATERIALS
Long-Lead Equipment
Staging
Material Lay Down Area
Signage

ELECTRICAL
Power U/G Communication
A/G Testing/Acceptance
FTIP #: LA0G1336
Subregion ID: I-605/SR-91/I-405 Corridors “Hot
Spots”
Project# MR315.42
Amendment 2
Funding Agreement #920000000MR315.42
06-12-19 7 FA Measure R Hwys Gen Attachment C Scope of
Work

START DATE COMPLETION DATE

LANDSCAPE
Clearing
Planting
Plant Establishment
Irrigation
Testing
General Construction 4/27/2020 1/5/2021
Reimbursement Closeout June 21, 2021 11/25/ 2024

CHANGE ORDERS
P.O. Processing Time
Weather
Third Party Issues
Strike Labor Walk Outs
Force Majeure
Claims

FTIP #: LA0G1336
Subregion ID: I-605/SR-91/I-405 Corridors “Hot
Spots”
Project# MR315.42
Amendment 2
Funding Agreement #920000000MR315.42
06-12-19 8 FA Measure R Hwys Gen Attachment C Scope of
Work
ATTACHMENT C – Location Map(s)

ITEM # 26

CITY OF SANTA FE SPRINGS

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: James Enriquez, P.E., Director of Public Works / City Engineer SUBJECT: MEASURE R FUNDING AGREEMENT WITH LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY – AMENDMENT
NO. 4 TO AGREEMENT MR315.40
DATE: October 15, 2024
RECOMMENDATION:

It is recommended that the City Council:
1) Approve Amendment No. 4 for Measure R Funding Agreement MR 315.40 for the Valley View Avenue and Rosecrans Avenue Intersection; and 2) Authorize the City Manager to execute Amendment No. 4; and 3) Take such additional, related, action that may be desirable.

FISCAL IMPACT
Amendment No. 4 extends the Lapse Date to June 30, 2025, allowing the City to request final reimbursement for the completed Project in the amount of $1,116,994.93. The total project funding remains at $1,254,000, with adequate funds to cover the final reimbursement.

At the August 13, 2020 meeting, the City Council approved an agreement (MR 315.40) with the Los Angeles County Metropolitan Transportation Authority (LACMTA) to CITY COUNCIL AGENDA REPORT – MEETING OF OCTOBER 15, 2024 Measure R Funding Agreement with Los Angeles County Metropolitan Transportation Authority- Amendment No. 4 to Agreement MR315.40

Page 2 of 2 ends

construct intersection improvements at Valley View and Rosecrans Avenue. At the November 15, 2022 meeting the City Council approved Amendment No. 3 which added $430,000 in Measure R funds to complete the project, which brought the total project funding amount to $1,254,000. The project was completed on November 30, 2022.

ANALYSIS
Approving Amendment No. 4 will enable the City to request final reimbursement for the Valley View Avenue and Rosecrans Avenue Intersection Project in the amount of $1,116,994.93.

ENVIRONMENTAL
Not applicable.

DISCUSSION
Not applicable.

SUMMARY/NEXT STEPS
Upon approval by the City Council, City Staff will request final reimbursement of $1,116,994.93 from LACMTA for the Valley View Avenue and Rosecrans Avenue Intersection Improvement Project under Measure R Funding Agreement MR 315.40.

ATTACHMENTS:

A. Amendment No. 4
B. Agreement No. MR 315.40, including Amendment Nos. 1 - 3 FTIP #: N/A
Subregion ID: I-605/SR-91/I-405 Corridors “Hot
Spots”
Project#: MR315.40
Amendment No. 4
FA# 920000000MR31540
Rev: 10.26.2022 1 Measure R Funding Agreement Amendment Highways – General
AMENDMENT No.4 TO MEASURE R FUNDING AGREEMENT

BETWEEN CITY OF SANTA FE SPRINGS AND THE LOS ANGELES COUNTY

METROPOLITAN TRANSPORTATION AUTHORITY

This Amendment No. 4 to the Funding Agreement (this “Amendment”), is dated as of May 22, 2024 by and between the City of Santa Fe Springs ("Grantee") and the Los Angeles County Metropolitan Transportation Authority ("LACMTA").

RECITALS:

A. Grantee and LACMTA entered into that certain Funding Agreement No. 920000000MR31540, dated November 1, 2017, which was amended on May 11, 2020, November 19, 2021, and September 15, 2022, (as amended, the "Existing FA"), which Existing FA provides for the Valley View Ave Intersection at Rosecrans Ave Improvements (the “Project”); and
B. WHEREAS, the LACMTA Board on January 26, 2023, delegated administrative authority to staff to extend funding lapsing dates to meet PAED, PS&E, ROW, and Construction time frames; and
C. WHEREAS, the Grantee and LACMTA desire to extend the lapsing date of the Project funds programmed for Fiscal Year (FY) 2015-16 and FY 2017-18 to June 30, 2025; and D. Grantee and LACMTA desire to amend the Existing FA as provided herein.

FTIP #: N/A
Subregion ID: I-605/SR-91/I-405 Corridors “Hot
Spots”
Project#: MR315.40
Amendment No. 4
FA# 920000000MR31540
Rev: 10.26.2022 2 Measure R Funding Agreement Amendment Highways – General
AGREEMENT:

NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows:

1. Part II, Section 9.1 of the Existing FA is hereby amended by deleting it in its entirety and replacing it with the following:
“9. TIMELY USE OF FUNDS/REPROGRAMMING OF FUNDS:

9.1 GRANTEE must demonstrate timely use of the Funds by:
(i) executing this Agreement within ninety (90) days of receiving formal transmittal of the Agreement from LACMTA, or by
December 31st of the first Fiscal Year in which the Funds are programmed, whichever date is later; and
(ii) meeting the Project milestones due dates as agreed upon by the LACMTA and GRANTEE in the FA; milestones include, but are not limited to the following:
a. for project development, GRANTEE must complete phase by the end of the second fiscal year following the year the Funds were first programmed; and
b. for right-of-way, GRANTEE must follow its right-of-way acquisition policies and must show a realistic schedule for completion of acquisition required for the project agreed upon by LACMTA and GRANTEE prior to Agreement execution;
and
c. for construction or capital purchase projects, contracts shall be awarded within nine (9) months from the date of completion of design. Project design (preliminary engineering) must begin within six (6) months from the identified milestone start date; and
(iii) submitting the Quarterly Progress/Expenditure Report; and (iv) Expending the Funds granted under this FA for allowable costs by the lapsing date. All Funds programmed for FY2015-16, FY 2017- 18 and FY 2022-23 are subject to lapse by June 30, 2025.”

2. Attachment B1-3 of the Existing FA is hereby replaced by Attachment B1-4, attached.

3. Attachment C-3 of the Existing FA is hereby replaced by Attachment C-4, attached.

FTIP #: N/A
Subregion ID: I-605/SR-91/I-405 Corridors “Hot
Spots”
Project#: MR315.40
Amendment No. 4
FA# 920000000MR31540
Rev.: 03.08.2023 3 Measure R Funding Agreement Amendment Highways – General
IN WITNESS WHEREOF, the parties have caused this Amendment No.4 to the FA to be executed by their duly authorized representatives as of the dates indicated below:

LACMTA:

LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY By: ________________________________________ Date: ____________________ Stephanie N. Wiggins
Chief Executive Officer
APPROVED AS TO FORM:

DAWYN R. HARRISON
County Counsel
By: ________________________________________ Date: ____________________ Deputy
GRANTEE:

City of Santa Fe Springs
By: _______________________________________ Date: ____________________ René Bobadilla
City Manager
APPROVED AS TO FORM:

By: _______________________________________ Date: ____________________ Rick Olivarez
City Attorney
7/10/24
SOURCES OF FUNDS Prior
Expenditures
FY 2024-25
Qtr 1
FY 2024-25
Qtr 2
FY 2024-25
Qtr 3
FY 2024-25
Qtr 4
TOTAL
BUDGET
LACMTA PROGRAMMED FUNDS:

MEASURE R FUNDS:

PAED $0
PS&E $0
RW Support $12,983 $12,983
Const. Support $145,070 $1,124 $146,194
RW $54,443 $54,443
Construction $916,653 $123,728 $1,040,381
Total MEASURE R $12,983 $1,116,165 $124,852 $0 $0 $0 $0 $0 $1,254,000 SUM PROG LACMTA FUNDS: $12,983 $1,116,165 $124,852 $0 $0 $0 $0 $0 $1,254,000

PROJECT FUNDING
FY23-24 and FY24-25 $12,983 $1,116,165 $124,852 $0 $0 $0 $0 $0 $1,254,000

SUMMARY OF ALL FUNDS
PAED $0 $0 $0 $0 $0 $0 $0 $0 $0
PS&E $0 $0 $0 $0 $0 $0 $0 $0 $0
RW Support $12,983 $0 $0 $0 $0 $0 $0 $0 $12,983
Const. Support $0 $145,070 $1,124 $0 $0 $0 $0 $0 $146,194 RW $0 $54,443 $0 $0 $0 $0 $0 $0 $54,443
Construction $0 $916,653 $123,728 $0 $0 $0 $0 $0 $1,040,381 TOTAL MILESTONES $12,983 $1,116,165 $124,852 $0 $0 $0 $0 $0 $1,254,000 SUM PROG LACMTA FUNDS $12,983 $1,116,165 $124,852 $0 $0 $0 $0 $0 $1,254,000 SUM NON-LACMTA FUNDS $0 $0 $0 $0 $0 $0 $0 $0 $0
TOTAL PROJECT FUNDING $12,983 $1,116,165 $124,852 $0 $0 $0 $0 $0 $1,254,000 ATTACHMENT B1-4 - EXPENDITURE PLAN COST & CASH FLOW BUDGET Measure R Program - Funding Agreement Projects - FA# 9200000000MR315.40 A-4 Project Title: Valley View Intersection at Rosecrans Ave Improvements Project#: MR315.40

PROGRAMMED SOURCES OF FUNDS
FTIP #: N/A
Subregion ID: I-605/SR-91/I-405 Corridors “Hot Spots”
Project#: MR315.40
Amendment 4
FA# 9200000000MR315.40
Rev: 08.15.22 1 FA Measure R Hwys Gen Attachment C-4 Scope of Work
ATTACHMENT C-4

SCOPE OF WORK
PROJECT TITLE:

Valley View Avenue and Rosecrans Avenue Intersection Improvements PROJECT LOCATION:

The project is located at Valley View Avenue and Rosecrans Avenue in the City of Santa Fe Springs (and a shared boundary in the City of La Mirada), approximately 1 mile north of the I-5 Freeway.

PROJECT LIMITS:

This project limits are include the intersection of Rosecrans Avenue and Valley View Avenue.

NEXUS TO HIGHWAY OPERATION, DEFINITION/PROJECT PURPOSE:

The purpose of this project is to restripe the intersection to provide a striped bicycle lane along Valley View Avenue, as well as increased left turn pocket storage on the northbound side, and a second left turn lane and a striped through lane on the southbound side. Along Rosecrans Ave., it’s proposed to increase curb radius returns in both directions and to add a striped right through lane for both eastbound and westbound traffic. The improvements also include the construction of a raised median along Valley View Avenue on both sides of the intersection. Right-of-way is required on the southwest and northeast corners of the intersection.

PROJECT BACKGROUND: The projects was identified, and is compatible with the long-term design concepts, as part of the 91/605/405 Feasibility Study as an intersection “Hot Spot.” Improvements are needed in the intersection to improve Level of Service and Operational performance.

PROJECT BUDGET:

COMPONENT AMOUNT
PA/ED N/A Completed by Metro
PS and E N/A Completed by Metro
R/W Support $12,983
R/W Capital $54,443
Construction Support $146,194
Construction Capital $1,040,381
Total Budget $ 1,254,000
SCOPE:

The Project features include, but are not limited to, the following: Right-of-Way Support, including but not limited to the land acquisition, agreements, offers, exhibits, appraisals, negotiations, legal services, and record keeping, Right-of-Way Capital, Construction Capital and Construction Support necessary to provide construction oversight, including to procure a consultant for the construction engineering, project management, inspection, award of contract to contractor for construction and performance of the necessary tasks to complete the job.

Two (2) properties are impacted and need a combination of land acquisition and/or temporary construction easements. Below includes a table of the Assessor Parcel Numbers (APN’s) of the property impacts.

FTIP #: N/A
Subregion ID: I-605/SR-91/I-405 Corridors “Hot Spots”
Project#: MR315.40
Amendment 4
FA# 9200000000MR315.40
Rev: 08.15.22 2 FA Measure R Hwys Gen Attachment C-4 Scope of Work
Valley View / Alondra Right of Way
Impacts
No. APN Impact Type (Acquisition / TCE)
1 8061-017-013 Partial Acquisition and TCE
2 8069-006-004 Partial Acquisition and TCE
The tasks necessary to complete the job include the following:

DESIGN:

I. Final Design – Plans, Specifications and Estimates

Tasks to be performed include, but are not limited to, the following:

A. Consultant to prepare construction specifications consistent with City format (SSPWC “Greenbook” APWA, current edition with updates.

B. Consultant to prepare an engineer’s construction cost estimate based on the itemized quantity take-off from the contract documents.

C. Metro to provide final plans to the City.

II. Project Management and Preparation of Periodic Updated Schedule, Deliverables and Meetings

Tasks to be performed include, but are not limited to, the following:

A. Meet as needed with the City to accomplish Project tasks as outlined. Meetings expected between the Consultant and City, shall be and not be limited to: Project Kick-off Meeting, presentation of “Summary Letter Report”, progress meetings and preparation for the Community Information Workshop at 95% design completion.

B. Provide periodic schedule updates on deliverables and meetings as changes to original schedule occur or as needed based on the needs of the project.

RIGHT-OF-WAY:

Right-of-Way Support and Right-of-Way Capital

Right-of-Way Support:

Tasks to be performed include, but are not limited, to the following:

A. Prepare and provide exhibits, plats and legal descriptions for the properties requiring right of way acquisition, slope easements, temporary construction easements and/or rights-of-entry.

B. Identify right-of-way acquisitions, and/or temporary construction easements to provide for the optimal roadway alignment, which shall incorporate roadway widening, and preserve the existing improvements.

C. Meet as needed with the City to accomplish Project tasks as outlined. Meetings expected between the Consultant and City, shall be and not be limited to: Project FTIP #: N/A
Subregion ID: I-605/SR-91/I-405 Corridors “Hot Spots”
Project#: MR315.40
Amendment 4
FA# 9200000000MR315.40
Rev: 08.15.22 3 FA Measure R Hwys Gen Attachment C-4 Scope of Work
Kick-off Meeting, site visits, progress meetings and preparation for City Council meetings.

D. Provide periodic schedule updates on deliverables and meetings as changes to original schedule occur or as needed based on the needs of the project.

Right-of-Way Capital:

Tasks to be performed include, but are not limited to, the following:

A. Order title reports/litigation guarantees.

B. Present conceptual plans to property owners adjacent to project.

C. Shall choose an Appraiser to prepare and provide appraisal of properties requiring right of way acquisition.

D. Authorize appraisals and improvements pertaining to properties.

E. Notify and meet with property owners of appraisals and detailed improvements to their properties.

F. Set just compensation.

G. Present written offer letters and appraisal summaries to property owners.

H. Conduct negotiations to settlement.

I. Legal services, if necessary.

J. Relocate utilities in conflict.

CONSTRUCTION:

Grantee expects to provide construction oversight, and procure a consultant for construction management and inspection. Grantee will award a contract for construction and to perform the following tasks:

A. Contract with a separate engineering firm to provide Construction Management and Inspection for the Project. This will be accomplished using Grantee On-Call Engineering Firms.

B. Contract with a Contractor for construction.

FTIP #: N/A
Subregion ID: I-605/SR-91/I-405 Corridors “Hot Spots”
Project#: MR315.40
Amendment 4
FA# 9200000000MR315.40
Rev: 08.15.22 4 FA Measure R Hwys Gen Attachment C-4 Scope of Work
MILESTONES: The implementation schedule for this project will be as follows.

Task Original
Start Date
Original
Completion Date
Revised
Start Date
Revised
Completion Date
Right of Way
Certification/Mapping November 2017 November 2017 March 2018 June 2018 Appraisal November 2017 November 2017 March 2018 June 2018 Title Report November 2017 December 2017 March 2018 August 2018 Meet with
Property Owners
November 2017 October 2018 March 2018 July 2019
SFS Council Approval May 2018 June 2018 June 2019 July 2019 Acquire Property July 2018 October 2018 August 2019 May 2020 Physical Possession October 2018 October 2018 June 2020 July 2020 Bidding & Construction
Ready to List November 2018 November 2018 August 2020 August 2020 Advertise November 2018 November 2018 September 2020 September 2021 Bid Opening December 2018 December 2018 November 2020 December 2021 Award of Contract January 2019 January 2019 December 2020 January 2022 Fully Executed Contract February 2019 February 2019 January 2021 February 2022 Construction February 2019 May 2019 February 2021 January 2023 Construction Closeout N/A N/A May 2024 November 2024

FTIP #: N/A
Subregion ID: I-605/SR-91/I-405 Corridors “Hot Spots”
Project#: MR315.40
Amendment 4
FA# 9200000000MR315.40
Rev: 08.15.22 5 FA Measure R Hwys Gen Attachment C-4 Scope of Work
ATTACHMENT C-4 – Location Map(s)

FTIP #: N/A
I-605/SR-91/I-405 Corridors “Hot Spots”
Project#: MR315.40
Amendment No. 1
FA# 920000000MR315.40
Rev: 08.13.19 1 FA Local Amendment Lapsing Date Extension AMENDMENT No. 1 TO FUNDING AGREEMENT

BETWEEN CITY OF SANTA FE SPRINGS AND

THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY This Amendment No. 1 to Funding Agreement (this "Amendment"), is dated as of May 11, 2020, by and between City of Santa Fe Springs ("GRANTEE"), and the Los Angeles County Metropolitan Transportation Authority ("LACMTA").

RECITALS:

A. GRANTEE and LACMTA entered into that certain Funding Agreement No. 920000000MR315.40, dated November 1, 2017, (the "Existing FA"), which Existing FA provides for Valley View Ave intersection at Rosecrans Ave Improvements (the “Project”); and
B. Whereas, the LACMTA Board on October 25, 2018, delegated administrative authority to staff to extend funding lapsing dates to meet PAED, PS&E, ROW, and Construction time frames; and,
C. Whereas, the Grantee and LACMTA desire to extend the lapsing date of the Project funds programmed for FY 2015-16 to June 30, 2021; and D. GRANTEE and LACMTA desire to amend the Existing FA as provided herein.

FTIP #: N/A
I-605/SR-91/I-405 Corridors “Hot Spots”
Project#: MR315.40
Amendment No. 1
FA# 920000000MR315.40
Rev: 08.13.19 2 FA Local Amendment Lapsing Date Extension AGREEMENT:

NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows:

1. Part I, Paragraph 8 of the Existing FA is hereby amended by deleting it in its entirety and replacing it with the following:
“8. Attachment D is the “Project Reporting & Expenditure Guidelines”. GRANTEE shall complete the “Quarterly Progress/Expenditure Report”. The Quarterly Progress/ Expenditure Report are attached to this FA as Attachment D-2 in accordance with Attachment D – Project Reporting and Expenditure Guidelines.”

2. Part II, Paragraph 6 of the Existing FA is hereby amended by deleting it in its entirety and replacing it with the following:
“6. REPORTING AND AUDIT REQUIREMENTS/PAYMENT ADJUSTMENTS

6.1 GRANTEE shall submit the draft of Quarterly Progress/Expenditure Report (Attachment D-2) within sixty (60) days after the close of each quarter on the last day of the months November, February, May and August to the LACMTA Project Manager for review and pre-approval of the applicable report. LACMTA Project Manager shall review and respond in writing to the draft Quarterly Progress/Expenditure Reports within thirty (30) calendar days from receipt. Grantee shall submit the LACMTA pre-approved Quarterly Progress/Expenditure Report no later than five (5) days after receipt of LACMTA’s written approval. Should GRANTEE fail to submit either the draft or pre-approved reports within five (5) days of the due date and/or submit incomplete reports, LACMTA will not reimburse GRANTEE until the completed required reports are received, reviewed, and approved. The Quarterly Progress/Expenditure Reports shall include all appropriate documentation (such as contractor invoices, timesheets, receipts, etc.), and any changes to interim milestone dates that do not impact the final milestone date. All supporting documents must include a clear justification and explanation of their relevance to the Project. If no activity has occurred during a particular quarter, GRANTEE will still be required to submit the Quarterly Progress/Expenditure Reports indicating no dollars were expended that quarter. If a request for reimbursement exceeds $500,000 in a single month, then GRANTEE can submit such an invoice once per month with supporting documentation. Expenses that are not invoiced to LACMTA Accounts Payable within ninety (90) days after the lapsing date specified in Part II, Section 9.1 below are not eligible for reimbursement.

6.2 GRANTEE shall submit the Project expenditure estimates for the subsequent fiscal year by February of each year. LACMTA will use the estimates to determine the Project budget for the upcoming fiscal year.

6.3 LACMTA, and/or its designee, shall have the right to conduct audits of the Project as deemed appropriate, such as financial and compliance audits, interim audits, preaward audits, performance audits and final audits. LACMTA will commence a final audit FTIP #: N/A
I-605/SR-91/I-405 Corridors “Hot Spots”
Project#: MR315.40
Amendment No. 1
FA# 920000000MR315.40
Rev: 08.13.19 3 FA Local Amendment Lapsing Date Extension within six months of receipt of acceptable final invoice, provided the Project is ready for final audit (meaning all costs and charges have been paid by GRANTEE and invoiced to LACMTA, and such costs, charges and invoices are properly documented and summarized in the accounting records to enable an audit without further explanation or summarization including actual indirect rates for the period covered by the FA period under review).

GRANTEE agrees to establish and maintain proper accounting procedures and cash management records and documents in accordance with Generally Accepted Accounting Principles (GAAP). GRANTEE shall reimburse LACMTA for any expenditure not in compliance with the Scope of Work and/or not in compliance with other terms and conditions of this FA. The allowability of costs for GRANTEE’s own expenditures submitted to LACMTA for this Project shall be in compliance with Office of Management and Budget (OMB) Circular A-87. The allowability of costs for GRANTEE’s contractors, consultants and suppliers expenditures submitted to LACMTA through GRANTEE’s Quarterly Progress/Expenditures shall be in compliance with OMB Circular A-87 or Federal Acquisition Regulation (FAR) Subpart 31 and 2 CFR Subtitle A, Chapter II, Part 225 (whichever is applicable). Findings of the LACMTA audit are final. When LACMTA audit findings require GRANTEE to return monies to LACMTA, GRANTEE agrees to return the monies within thirty (30) days after the final audit is sent to GRANTEE.

6.4 GRANTEE’s records shall include, without limitation, accounting records, written policies and procedures, contract files, original estimates, correspondence, change order files (including documentation covering negotiated settlements), invoices, and any other supporting evidence deemed necessary by LACMTA to substantiate charges related to the Project (all collectively referred to as “records”). Such records shall be open to inspection and subject to audit and reproduction by LACMTA auditors or authorized representatives to the extent deemed necessary by LACMTA to adequately permit evaluation of expended costs. Such records subject to audit shall also include, without limitation, those records deemed necessary by LACMTA to evaluate and verify, direct and indirect costs, (including overhead allocations) as they may apply to costs associated with the Project.

These records must be retained by GRANTEE for three years following final payment under this Agreement. Payment of retention amounts shall not occur until after the LACMTA’s final audit is completed.

6.5 GRANTEE shall cause all contractors to comply with the requirements of Part II, Section 5, paragraphs 6.2 and 6.3 above. GRANTEE shall cause all contractors to cooperate fully in furnishing or in making available to LACMTA all records deemed necessary by LACMTA auditors or authorized representatives related to the Project.

6.6 LACMTA or any of its duly authorized representatives, upon reasonable written notice, shall be afforded access to all GRANTEE’S records and its contractors related to the Project, and shall be allowed to interview any employee of GRANTEE and its contractors through final payment to the extent reasonably practicable.

6.7 LACMTA or any of its duly authorized representatives, upon reasonable written notice, shall have access to the offices of GRANTEE and its contractors, shall have access to all necessary records, including reproduction, at no charge to LACMTA, FTIP #: N/A
I-605/SR-91/I-405 Corridors “Hot Spots”
Project#: MR315.40
Amendment No. 1
FA# 920000000MR315.40
Rev: 08.13.19 4 FA Local Amendment Lapsing Date Extension and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the terms and conditions of this FA.

6.8 When business travel associated with the Project requires use of a vehicle, the mileage incurred shall be reimbursed at the mileage rates set by the Internal Revenue Service, as indicated in the United States General Services Administration Federal Travel Regulation, Privately Owned Vehicle Reimbursement Rates.

6.9 GRANTEE shall be responsible for ensuring all contractors/ subcontractors for the Project comply with the terms of the Ordinance. GRANTEE shall cooperate with LACMTA Management Audit Services Department such that LACMTA can meet its obligations under the Ordinance.

6.10 GRANTEE shall certify each invoice by reviewing all subcontractor costs and maintaining internal control to ensure that all expenditures are allocable, allowable and reasonable and in accordance with OMB A-87 or FAR subpart 31 and 2 CFR Subtitle A, Chapter II, part 225, (whichever is applicable) and the terms and conditions of this FA.

6.11 GRANTEE shall also certify final costs of the Project to ensure all costs are in compliance with OMB A-87 or FAR subpart 31 and 2 CFR Subtitle A, Chapter II, part 225, (whichever is applicable) and the terms and conditions of this FA.

6.12 In addition to LACMTA’s other remedies as provided in this FA, LACMTA may withhold the Funds if the LACMTA audit has determined that GRANTEE failed to comply with the Scope of Work (such as misusing Funds or failure to return Funds owed to LACMTA in accordance with LACMTA audit findings) and /or is severely out of compliance with other terms and conditions as defined by this FA, including the access to records provisions of Part II, Section 6.”

3. Part II, Paragraph 9 of the Existing FA is hereby amended by deleting it in its entirety and replacing it with the following:
“9. TIMELY USE OF FUNDS/REPROGRAMMING OF FUNDS:

9.1 GRANTEE must demonstrate timely use of the Funds by:
(i) executing this Agreement within ninety (90) days of receiving formal transmittal of the Agreement from LACMTA, or by
December 31st of the first Fiscal Year in which the Funds are programmed, whichever date is later; and
(ii) meeting the Project milestones due dates as agreed upon by the LACMTA and GRANTEE in the FA; milestones include, but are not limited to the following:
a. for project development, GRANTEE must complete phase by the end of the second fiscal year following the year the Funds were first programmed; and
FTIP #: N/A
I-605/SR-91/I-405 Corridors “Hot Spots”
Project#: MR315.40
Amendment No. 1
FA# 920000000MR315.40
Rev: 08.13.19 5 FA Local Amendment Lapsing Date Extension b. for right-of-way, GRANTEE must follow its right-of-way acquisition policies and must show a realistic schedule for completion of acquisition required for the project agreed upon by LACMTA and GRANTEE prior to Agreement execution;
and
c. for construction or capital purchase projects, contracts shall be awarded within nine (9) months from the date of completion of design. Project design (preliminary engineering) must begin within six (6) months from the identified milestone start date; and
(iii) submitting the Quarterly Progress/Expenditure Report; and (iv) funds programmed for FY 2015-16 are subject to lapse by June 30, 2021. All Funds programmed for FY 2017-18 are subject to lapse by June 30, 2023.

9.2 Quarterly Progress/Expenditure Reports will be used to evaluate compliance with the Project milestone due dates as identified in the FA. If the Project does not meet the milestone due dates as agreed upon in the FA, LACMTA will issue a notice of noncompliance to the GRANTEE, and the GRANTEE will be required to develop a written recovery plan illustrating in detail the GRANTEE’s actions to resolve the delay and to meet the Project completion date agreed upon in the FA (the “Recovery Plan”). If the Recovery Plan is deemed viable by LACMTA staff, and meets the Project completion date agreed upon in the FA, LACMTA may grant an administrative schedule update as long as the Funds are expended in compliance with (iv) above. If GRANTEE fails to submit a Recovery Plan within 30 days of the notice of non-compliance from LACMTA, or the Recovery Plan illustrates that the Project will not meet the lapse date in the FA, LACMTA may recommend potential deobligation of the Funds as part of its annual Call for Projects Recertification/Deobligation process. GRANTEE will ONLY be allowed to request a one-time lapsing date extension of 20-months from the final lapse date, which request is subject to LACMTA’s Technical Advisory Committee (TAC) consideration as part of the annual Call for Projects Recertification/Deobligation process.

9.3 Recertification of Funds will be based on Project progress and is subject to meeting the Project milestones as agreed upon in the FA.

9.4 If GRANTEE does not complete one element of the Project, as described in the FTIP Project Sheet, due to all or a portion of the Funds lapsing, the entire Project may be subject to deobligation at LACMTA’s sole discretion. In the event that all the Funds are deobligated, this Agreement shall automatically terminate.

9.5 If the GRANTEE fails to meet any of the conditions in paragraph 9.1 above, the Project shall be considered lapsed and will be submitted to the LACMTA Board for deobligation. Expenses that are not invoiced within 60 days after the lapsing date are not eligible for reimbursement.”

4. Part II, Paragraph 12 of Existing FA is hereby amended by deleting it in its entirety and replacing it with the following:

FTIP #: N/A
I-605/SR-91/I-405 Corridors “Hot Spots”
Project#: MR315.40
Amendment No. 1
FA# 920000000MR315.40
Rev: 08.13.19 6 FA Local Amendment Lapsing Date Extension “12. COMMUNICATIONS:

12.1 GRANTEE shall ensure that all Communication Materials contain recognition of LACMTA’s contribution to the Project as more particularly set forth in “Funding Recipient Communications Guidelines” available at http://metro.net/partnerscivic. The Funding Recipient Communications Guidelines may be changed from time to time during the course of this Agreement. GRANTEE shall be responsible for complying with the latest Funding Recipient Communications Guidelines during the term of this Agreement, unless otherwise specifically authorized in writing by the LACMTA Chief Communications Officer.

12.2 For purposes of this Agreement, “Communications Materials” include, but are not limited to, press events, public and external newsletters, printed materials, advertising, websites radio and public service announcements, electronic media, and construction site signage. A more detailed definition of “Communications Materials” is found in the Funding Recipient Communications Guidelines.

12.3 The Metro logo is a trademarked item that shall be reproduced and displayed in accordance with specific graphic guidelines. The preferred logo lock-up for Funding Recipients to use is included in the Funding Recipient Communications Guidelines.

12.4 GRANTEE shall ensure that any subcontractor, including, but not limited to, public relations, public affairs, and/or marketing firms hired to produce Project Communications Materials for public and external purposes will comply with the requirements contained in this Section.

12.5 The LACMTA Project Manager shall be responsible for monitoring GRANTEE’s compliance with the terms and conditions of this Section. GRANTEE’s failure to comply with the terms of this Section shall be deemed a default hereunder and LACMTA shall have all rights and remedies set forth herein.”

4. Attachment B-1 of the Existing FA is hereby replaced by Attachment B1-1, attached.

5. Attachment C – Scope of Work, attached to the Existing FA is hereby amended by deleting the Milestones table and replacing it with the following Revised Project Schedule.

FTIP #: N/A
I-605/SR-91/I-405 Corridors “Hot Spots”
Project#: MR315.40
Amendment No. 1
FA# 920000000MR315.40
Rev: 08.13.19 7 FA Local Amendment Lapsing Date Extension FA Milestones
Original FA Schedule in
Scope of Work
Revised Project Schedule
Start Date End Date Start Date End Date
Right of Way
Certification/Mapping November 2017 November 2017 March 2018 June 2018 Appraisal November 2017 November 2017 March 2018 June 2018 Title Report November 2017 December 2017 March 2018 August 2018 Meet with
Property Owners
November 2017 October 2018 March 2018 July 2019
SFS Council Approval May 2018 June 2018 June 2019 July 2019 Acquire Property July 2018 October 2018 August 2019 May 2020 Physical Possession October 2018 October 2018 June 2020 July 2020 Bidding & Construction
Ready to List November 2018 November 2018 August 2020 August 2020 Advertise November 2018 November 2018 September 2020 October 2020 Bid Opening December 2018 December 2018 November 2020 November 2020 Award of Contract January 2019 January 2019 December 2020 December 2020 Fully Executed Contract February 2019 February 2019 January 2021 January 2021 Construction February 2019 May 2019 February 2021 May 2021 Total Project Duration
(Months)
18 months 38 months

6. The parties have agreed that the Monthly Progress Report is no longer required and therefore, Attachment D-1 and all references thereto are hereby deleted.

7. Except as expressly amended hereby, the Existing FA remains in full force and effect as originally executed. All rights and obligations of the parties under the Existing FA that are not expressly amended by this Amendment shall remain unchanged.

SOURCES OF FUNDS FY 2018-19
Qtr 1
FY 2018-19
Qtr 2
FY 2018-19
Qtr 3
FY 2018-19
Qtr 4
FY 2019-20
Qtr 1
FY 2019-20
Qtr 2
FY 2019-20
Qtr 3
FY 2019-20
Qtr 4
TOTAL
BUDGET
LACMTA PROGRAMMED FUNDS:

MEASURE R FUNDS:

PAED $0
PS&E $0
RW Support $2,164 $7,213 $3,606 $20,000 $32,983
Const. Support $0
RW Capital $0
Construction $0
Total MEASURE R $2,164 $7,213 $3,606 $0 $0 $0 $0 $20,000 $32,983 SUM PROG LACMTA FUNDS: $2,164 $7,213 $3,606 $0 $0 $0 $0 $20,000 $32,983 SUM NON-LACMTA FUNDS : $0 $0 $0 $0 $0 $0 $0 $0 $0

PROJECT FUNDING
FY18-19 and FY19-20 $2,164 $7,213 $3,606 $0 $0 $0 $0 $20,000 $32,983 SOURCES OF FUNDS FY 2020-21
Qtr 1
FY 2020-21
Qtr 2
FY 2020-21
Qtr 3
FY 2020-21
Qtr 4
FY 2021-22
Qtr 1
FY 2021-22
Qtr 2
FY 2021-22
Qtr 3
FY 2021-22
Qtr 4
TOTAL
BUDGET
LACMTA PROGRAMMED FUNDS:

MEASURE R FUNDS:

PAED $0
PS&E $0
RW Support $35,000 $7,017 $42,017
Const. Support $50,000 $40,000 $90,000
RW $20,000 $20,000
Construction $400,000 $239,000 $639,000
Total MEASURE R $35,000 $27,017 $450,000 $279,000 $0 $0 $0 $0 $791,017 SUM PROG LACMTA FUNDS: $35,000 $27,017 $450,000 $279,000 $0 $0 $0 $0 $791,017 SUM NON-LACMTA FUNDS : $0 $0 $0 $0 $0 $0 $0 $0 $0

PROJECT FUNDING
FY20-21 and FY21-22 $35,000 $27,017 $450,000 $279,000 $0 $0 $0 $0 $791,017

SUMMARY OF ALL FUNDS
PAED $0 $0 $0 $0 $0 $0 $0 $0 $0
PS&E $0 $0 $0 $0 $0 $0 $0 $0 $0
RW Support $37,164 $14,230 $3,606 $0 $0 $0 $0 $20,000 $75,000 Const. Support $0 $0 $50,000 $40,000 $0 $0 $0 $0 $90,000 RW $0 $20,000 $0 $0 $0 $0 $0 $0 $20,000
Construction $0 $0 $400,000 $239,000 $0 $0 $0 $0 $639,000 TOTAL MILESTONES $37,164 $34,230 $453,606 $279,000 $0 $0 $0 $20,000 $824,000 SUM PROG LACMTA FUNDS $37,164 $34,230 $453,606 $279,000 $0 $0 $0 $20,000 $824,000 SUM NON-LACMTA FUNDS $0 $0 $0 $0 $0 $0 $0 $0 $0
TOTAL PROJECT FUNDING $37,164 $34,230 $453,606 $279,000 $0 $0 $0 $20,000 $824,000 ATTACHMENT B1-1 - EXPENDITURE PLAN COST & CASH FLOW BUDGET Measure R Program - Funding Agreement Projects - FA# 9200000000MR315.40 Project Title: Valley View Ave intersection at Rosecrans Ave Improvements Project#: MR315.40

PROGRAMMED SOURCES OF FUNDS

ITEM # 27

CITY OF SANTA FE SPRINGS

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members

FROM: René Bobadilla, P.E., City Manager

BY: James Enriquez, P.E., Director of Public Works / City Engineer

SUBJECT: TOWN CENTER HALL PAINTING AND FLOORING PROJECT DATE: October 15, 2024

RECOMMENDATIONS
It is recommended that the City Council:
1) Approve adding the Town Center Hall Painting and Flooring project to the Capital Improvement Program; and
2) Appropriate $175,000 from the Utility Users Tax (UUT) Capital Improvements Fund to the Town Center Hall Painting and Flooring Project; and 3) Authorize the City Engineer to advertise for construction bids; and 4) Take such additional, related action that may be desirable.

FISCAL IMPACT
The total estimated cost for this project is $175,000. The estimated breakdown of costs is as follows:

Item Estimated Amount
Construction $ 110,000
Engineering $ 15,000
Inspection $ 15,000
Contingency $ 35,000
Total Project Cost: $ 175,000

CITY COUNCIL AGENDA REPORT – MEETING OF OCTOBER 15, 2024

TOWN CENTER HALL PAINTING AND FLOORING PROJECT

Page 2 of 3 ends

Santa Fe Springs City CouncilOctober 15, 2024

Santa Fe Springs City Council
October 15, 2024