Agenda packet, adjourned meeting, first session — Santa Fe Springs City Council, November 12, 2024 (part 4 of 10)

The uniform allowance is reportable even if the required clothing is made from specially designed protective fabrics, such as arc-resistant material and antibacterial fabric, if the required clothing is a ready substitute for personal attire the employee would otherwise have to acquire and maintain. Additionally, the uniform allowance is reportable even if the required clothing includes other specific features (such as a color) to serve a personal health and safety purpose, as long as the required clothing is a ready substitute for personal attire the employee would otherwise have to acquire and maintain. In other words, even if required clothing serves a personal health and safety purpose, it may also be a ready substitute for personal attire under subdivision (a)(5) of CCR section 571, such that compensation paid, or the monetary value for the purchase, rental and/or maintenance of the clothing, is reportable.

Note that identifying required clothing items as “safety” items in a written labor agreement or policy is not determinative of whether the compensation paid or the monetary value for the purchase, rental and/or maintenance of the clothing item is or is not a uniform allowance that must be reported to CalPERS. In addition, failure to include reportable uniform allowance in a written labor policy or agreement is not a valid basis for excluding reporting of this compensation to CalPERS. If reportable uniform allowance should be reported, the agency should revise the written labor policy or agreement to include uniform allowance as a reportable item of compensation.

Below are examples of items employers may require employees to wear and that CalPERS generally would deem ready substitutes for personal attire the employee would otherwise have to acquire and maintain, even if they are made from specially designed protective fabrics and even if they have other features that serve a personal health and safety purpose. However, these are simply examples, and CalPERS’ actual determinations are completed on a case-bycase basis. • Common items for uniform allowance:
‒ Dress shoes
‒ Pants
‒ Polo shirts
‒ Slacks
‒ Socks
Docusign Envelope ID: 4D9F9C7A-0099-4DE5-9035-DAEA3EA6F181 Circular Letter: 200-050-19
October 30, 2019

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Nonreportable Items
Compensation paid, or the monetary value for the purchase, rental and/or maintenance of required clothing, that are not ready substitutes for personal attire are not reportable to CalPERS as uniform allowance.

Below are some examples of items that CalPERS generally would not deem ready substitutes for personal attire the employee would otherwise have to acquire and maintain. • Note that these are simply examples and that CalPERS’ actual determinations are completed on a case-by-case basis:
‒ Ammunition
‒ Aprons
‒ Ballistic vests
‒ Batons
‒ Citation booklets
‒ Coveralls
‒ Duty belts
‒ Fire extinguishers
‒ Firearms
‒ Firearm accessories
‒ Flashlights
‒ Foul weather apparel
‒ Goggles
‒ Hand axes
‒ Handcuffs
‒ Helmets
‒ Holsters
‒ Lab coats
‒ Knives
‒ Motor breeches
‒ Narcotic kits
‒ Safety harness
‒ Self-contained breathing apparatus
‒ Shop coats
‒ Steel toe boots
‒ Turnout gear
‒ Window punches
‒ Whistles
• Miscellaneous items, defined as permanently attached to, and/or associated with, safety uniform items:
‒ Badges
‒ Batteries
‒ Buttons
‒ Chevrons
‒ Embroidery
‒ Ensigns
‒ Epaulets
‒ Insignias: brass, collar, or rank
‒ Labor for affixing patches
‒ Laces
‒ Metal bars
‒ Patches
‒ Shoe polish
‒ Shoulder braids
‒ Tie bars
‒ Zippers
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Uniform Allowance and New Members Under the Public Employees’ Pension Reform Act of 2013 (PEPRA)
Pensionable compensation is applicable to new members under PEPRA. Pursuant to subdivision (c)(7) of Gov. Code section 7522.34, all employer-provided allowances, reimbursements, or payments made for uniforms are not reportable for new members under PEPRA.

Reporting Standards
Compensation pertaining to uniform allowance can be reported through my|CalPERS two ways:

1. The aggregate amount for each pay period can be reported within the earned period report.

2. A Retroactive Special Compensation Adjustment can be reported which includes a payroll record start and end date that matches the effective start and end date of the uniform allowance for each fiscal year.

Example: An annual uniform allowance item that has an effective date of the 2019 fiscal year would have a start date of July 1, 2019, and an end date of June 30, 2020.

Questions
It’s the contracting employer’s responsibility to comply with all terms and conditions set forth in the contract with CalPERS and to ensure their data and reportable information is compliant with the Public Employees’ Retirement Law (PERL) and CCR. CalPERS employers may contact us at 888 CalPERS (or 888-225-7377) or via email at [email protected] with specific questions.

Renee Ostrander, Chief
Employer Account Management Division
Docusign Envelope ID: 4D9F9C7A-0099-4DE5-9035-DAEA3EA6F181 RFP 25 – 4

UNIFORMS AND CUSTOM LOGO APPAREL
ATTACHMENT B – City Logo
Docusign Envelope ID: 4D9F9C7A-0099-4DE5-9035-DAEA3EA6F181 RFP 25 – 4

UNIFORMS AND CUSTOM LOGO APPAREL
ATTACHMENT C – Embroidery (Sample)
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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: 4D9F9C7A-0099-4DE5-9035-DAEA3EA6F181 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: 4D9F9C7A-0099-4DE5-9035-DAEA3EA6F181 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: 4D9F9C7A-0099-4DE5-9035-DAEA3EA6F181 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: 4D9F9C7A-0099-4DE5-9035-DAEA3EA6F181 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.

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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: 4D9F9C7A-0099-4DE5-9035-DAEA3EA6F181 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.

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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
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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
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____________________________ ____________________________ 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
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EXHIBIT A
CITY’S REQUEST FOR PROPOSALS
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EXHIBIT B
CONSULTANT’S PROPOSAL
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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.

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[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: 4D9F9C7A-0099-4DE5-9035-DAEA3EA6F181 [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.

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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.

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EXHIBIT B
CONSULTANT’S PROPOSAL
Docusign Envelope ID: 4D9F9C7A-0099-4DE5-9035-DAEA3EA6F181 September 28, 2024

INTEREST
We are excited to have this opportunity to bid on the upcoming apparel & promotional products RFP.

Our staff has vast experience with apparel requests, requirements and the organization of group and / or individual delivery. We strive to communicate and deliver information and product in a timely fashion.

Our staff will be available to you daily and will do our best to respond to weekend and off traditional work hour requests. Availability and quick response is vital to the success of such a relationship.

Conceptual Marketing truly appreciates this opportunity and we certainly look forward to capturing this Bid and continue our work with the City of Santa Fe Springs.

Sincerely,
Jeff Mahlstede
Conceptual Marketing
(562)556-0605 cell
(562)945-6329 office
(562)945-6327 Fax
[email protected]
Website: conceptualmarketing.org
inf o@Concept ual Mar ket ing.or g
Consul t ing Pr omot ional Pr oduct s Appar el
Docusign Envelope ID: 4D9F9C7A-0099-4DE5-9035-DAEA3EA6F181

PROJECT UNDERSTANDING & APPROACH
Uniform requests will come in an annual and /or semi annual fashion. Uniform / Apparel requests may also also come in a periodic fashion as new hires, job transfers and promotions. There will also be the need for replacement pieces, simply new product requests and special event apparel and / or products.

Staff will be available via email, work and cell phones. We will work with your staff to keep them informed on which items are available, and those that are not, and of course those that are discontinued. The apparel business can be influx as product shipments can experience delays via port issues, material issues etc. We will do our best to keep your staff aware and informed.

Accurate order forms are the most prevalent item that causes delays. Correct sizing and the clear spelling of the individual name(s) is a must. We will work closely with your staff to provide accurate & precise forms.

These forms and their details will require your staff to review and verify prior to ordering.

Uniform request should come in an email form which can be tracked to help facilitate the timeliness of it being processed. We will respond to phone request but encourage you to follow up with an email request for said timeliness reasons.

Conceptual Marketing has its own website for your review and search of products. When possible, I will also provide company names & websites which we contract with to help narrow your search of prospective items.

RELEVENT EXPERIENCE
Please see our attached references.

We have been in business for 20 years. We have worked with many agencies, including the City of SFS. If additional references are needed, please ask. We look forward to this opportunity and hope to continue in the building of a long lasting relationship.

CONFLICT OF INTEREST STATEMENT
Conceptual Marketing has had a healthy and lengthy relationship with the City of SFS and specifically the Department of Public Works. We are can see no reason for anything other than a continued healthy relationship.

COST PROPOSAL
Please see the Cost Sheet Attachment.

Not Requested with in the Bid:

1. Individualized Bagging ($4 ea)
Docusign Envelope ID: 4D9F9C7A-0099-4DE5-9035-DAEA3EA6F181 Docusign Envelope ID: 4D9F9C7A-0099-4DE5-9035-DAEA3EA6F181 City of Santa Fe Springs
Uniforms and Custom Logo Apparel (RFP 25-4), bidding on 10/03/2024 2:00 PM (PDT)

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Docusign Envelope ID: 4D9F9C7A-0099-4DE5-9035-DAEA3EA6F181 City of Santa Fe Springs
Uniforms and Custom Logo Apparel (RFP 25-4), bidding on 10/03/2024 2:00 PM (PDT)

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Docusign Envelope ID: 4D9F9C7A-0099-4DE5-9035-DAEA3EA6F181 City of Santa Fe Springs
Uniforms and Custom Logo Apparel (RFP 25-4), bidding on 10/03/2024 2:00 PM (PDT)

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PlanetBids
Docusign Envelope ID: 4D9F9C7A-0099-4DE5-9035-DAEA3EA6F181 City of Santa Fe Springs
Uniforms and Custom Logo Apparel (RFP 25-4), bidding on 10/03/2024 2:00 PM (PDT)

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PlanetBids
Docusign Envelope ID: 4D9F9C7A-0099-4DE5-9035-DAEA3EA6F181 City of Santa Fe Springs
Uniforms and Custom Logo Apparel (RFP 25-4), bidding on 10/03/2024 2:00 PM (PDT)

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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: 4D9F9C7A-0099-4DE5-9035-DAEA3EA6F181 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: 4D9F9C7A-0099-4DE5-9035-DAEA3EA6F181 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: 4D9F9C7A-0099-4DE5-9035-DAEA3EA6F181 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

MUNICIPAL EMERGENCY SERVICES/LAWMEN SUPPLY COMPANY
This Professional Services Agreement (“Agreement”) is made and effective as of November 12, 2024 (“Effective Date”), by and between the City of Santa Fe Springs, a California municipal corporation, (“City”) and Municipal Emergency Services/Lawmen Supply Company., a Connecticut 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 Uniforms and Custom Logo Apparel (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 November 12, 2024, 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, 2026 (“Term”), or until services described herein are completed, unless sooner terminated pursuant to the provisions of this Agreement. This Agreement may be extended for two (2) 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 Docusign Envelope ID: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA REV032024 Page 2 of 24 MES.
services and tasks set forth in the Scope of Work 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. 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 Forty Thousand Dollars ($40,000.00) (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 Docusign Envelope ID: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA REV032024 Page 3 of 24 MES.

City Manager or his/her 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. The Not-to-Exceed Sum will be paid to Consultant in monthly increments as the Work is completed. Following the conclusion of each calendar month, Consultant will submit to City an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including services and tasks performed and the reimbursable out-of-pocket 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.

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 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 Mark Trujillo, Sales Representative, 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:

C. Consultant will perform all Work in a manner reasonably satisfactory to the City; 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 Docusign Envelope ID: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA REV032024 Page 6 of 24 MES.
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 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.

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.

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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 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 Docusign Envelope ID: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA REV032024 Page 8 of 24 MES.
in Exhibit C. Consultant will procure and maintain the required insurance coverage, at its own expense.

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 Docusign Envelope ID: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA REV032024 Page 9 of 24 MES.
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 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 Docusign Envelope ID: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA REV032024 Page 10 of 24 MES.
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 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, Docusign Envelope ID: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA REV032024 Page 11 of 24 MES.
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 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;
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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 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: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA REV032024 Page 13 of 24 MES.
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: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA REV032024 Page 14 of 24 MES.
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
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To Consultant: Municipal Emergency Services
11821 Wakeman Street
Santa Fe Springs, CA 90670
Attention: Mark Trujillo, Sales Representative
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: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA REV032024 Page 16 of 24 MES.

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: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA REV032024 Page 17 of 24 MES.
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]
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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: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA 10/21/2024
SVP Finance
Ward Petrie

EXHIBIT A
CITY’S REQUEST FOR PROPOSALS
Docusign Envelope ID: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA REQUEST FOR PROPOSALS No. 25 - 4
Uniforms and Custom Logo Apparel
Issue Date: Tuesday, September 3, 2024
Questions Due Date: Tuesday, September 17, 2024 at 2 pm PDT Proposal Due Date: Thursday, October 3, 2024 at 2 pm PDT Docusign Envelope ID: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA RFP 25-4 Uniforms and Custom Logo Apparel
2 (THIS PAGE INTENTIONALLY LEFT BLANK)
Docusign Envelope ID: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA RFP 25-4 Uniforms and Custom Logo Apparel
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
September 3, 2024

PROJECT
Uniforms and Custom Logo Apparel

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) 868 - 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) 868 - 0511
Contact Email: [email protected]
If you have any questions about this RFP, please submit them via the City's PlanetBids Portal by Tuesday, September 17, 2024, at 2 pm PDT.

Proposals must be submitted by Thursday, October 3, 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://vendors.planetbids.com/portal/65093/bo/bo-detail/121095 Docusign Envelope ID: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA RFP 25-4 Uniforms and Custom Logo Apparel
4 CONTENTS
I. Notice Inviting Proposals..........................................................................................................5 II. Introduction..................................................................................................................................6 III. About the City of Santa Fe Springs........................................................................................6 IV. Timeline .........................................................................................................................................6 V. Current Process ..........................................................................................................................7 VI. Scope of Work .............................................................................................................................8 VII. Qualifications and Requirements .........................................................................................10 VIII. Proposal Submittal ...................................................................................................................11 IX. Proposal Content and Format ...............................................................................................11 X. Evaluation Criteria ....................................................................................................................12 XI. Proposal Protests .....................................................................................................................13 XII. Execution of Agreement..........................................................................................................14 XIII. Insurance Requirements.........................................................................................................15 XIV. Business License Requirement ............................................................................................17 XV. Use of Federal Funds...............................................................................................................17 XVI. Non-Commitment of City ........................................................................................................18 XVII. Labor Requirements.................................................................................................................18 XVIII. Records .......................................................................................................................................19 XIX. Use of Subcontractors.............................................................................................................19 XX. Modifications/Changes............................................................................................................19 XXI. Disclosure of Information .......................................................................................................19 XXII. Ex-Parte Communications......................................................................................................19 XXIII. General Rights of the City ......................................................................................................20 Docusign Envelope ID: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA RFP 25-4 Uniforms and Custom Logo Apparel
5 I. Notice Inviting Proposals
The City of Santa Fe Springs seeks proposals from qualified vendors to provide uniforms and custom logo apparel following the specifications, terms, and conditions identified in Request for Proposals (RFP) No. 25 - 4. 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/121095

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

Questions must be submitted by Tuesday, September 17, 2024, at 2 pm PDT. *****QUESTIONS MUST BE SUBMITTED VIA PLANETBIDS*****
Proposals must be submitted via PlanetBids by Thursday, October 3, at 2 pm PDT.

Responses to this RFP will be evaluated to determine the Vendor 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: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA RFP 25-4 Uniforms and Custom Logo Apparel
6 II. Introduction
The City of Santa Fe Springs ("City") is soliciting proposals from qualified vendors capable of providing uniforms and custom logo apparel in accordance with the specifications, terms, and conditions identified in this RFP.

Vendors will supply items used primarily by employees assigned to the Department of Public Works. In addition, the City would like to schedule a date/time up to twice annually, for employees to place uniform orders on-site. Custom logo apparel will be available for general employees.

Through this solicitation process, the City hopes to establish a minimum three (3) year agreement, with up to two (2) one (1) year extension options. If deemed beneficial, the City may select multiple vendors to provide this service.

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's vision statement 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 Tuesday, September 3, 2024
 Online Q&A Deadline Tuesday, September 17, 2024, 2 pm PDT  Deadline to Submit Responses Thursday, October 3, 2024, at 2 pm PDT  City Review of Submissions Mid-October 2024
Docusign Envelope ID: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA RFP 25-4 Uniforms and Custom Logo Apparel
7  Notifications Sent to Vendors Mid/Late October 2024  Award Late October 2024
V. Current Process
The City's Administrative Policies determine which employees are required to wear uniforms. Furthermore, as part of negotiations with the general employee bargaining group, guidelines are established within the Memorandum of Understanding (MOU) regarding the specific items and maximum quantities that will be purchased annually.

Specific items within the uniform package for employees required to wear uniforms are considered reportable compensation. These items include:
• Shirts
• Pants
• Belts
• Work Boots/Shoes
Attachment A is a copy of the most recent CalPERS Circular Letter regarding Uniform Allowance – Reportable and Non-Reportable Components. Please note that the list in the letter above includes items for public safety personnel outside this solicitation's scope. For the specific items the City requires, please refer to the line-item list associated with this solicitation.

Uniform orders for new employees are initiated shortly before or after their hire dates.

Annual orders for existing employees typically occur around December but can happen anytime during the year. In both cases, employees are issued a voucher that lists the required items. An authorized representative reviews and approves the voucher, which is then taken to the uniform Vendor to redeem the listed items.

Approximately forty-five (45) Public Works employees required uniforms during Fiscal Year 2023 – 24 (July 1, 2023 – June 30, 2024). Currently, the City uses a local vendor (Conceptual Marketing, Santa Fe Springs, CA) to obtain most uniform items and any necessary embroidery.

Some employees within various departments/sections who are not required to wear uniforms can wear city-branded apparel such as polo shirts, sweaters, and light jackets.

These items are not considered reportable compensation and are typically purchased by the department with their manager or director's approval. The City wishes to continue this practice as part of this solicitation and allow employees to buy items at their own expense after providing valid proof of employment with the City.

Docusign Envelope ID: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA RFP 25-4 Uniforms and Custom Logo Apparel
8 VI. Scope of Work
The City is seeking proposals from qualified vendors to provide work uniforms and custom logo apparel on an as-needed basis. The successful Vendor will be responsible for outfitting both men and women with initial uniform items as requested and providing various sizing options. The City intends to purchase all uniform apparel for employees who are required to wear uniforms. The allotment of uniform apparel is based on the job description.

While the City is seeking a vendor that can provide all items identified in the line-item list, it will consider vendors that can provide uniforms and custom logo apparel separately if economically beneficial.

Uniform Requirements
New and existing Public Works employees are typically issued the following quantity of items once per fiscal year:
• Six (6) Shirts
• Six (6) Pairs of pants or shorts
• One (1) Jacket (if needed)
• One (1) Belt
Colors/styles vary by section. The complete list of the required items can be found in the line-item list. The City is seeking the same or similar items that match the style, color, and fabric composition. The manufacturer's name and item/model number have been listed for most items so vendors can reference what is required.

Custom Logo Apparel
Employees who are not required to wear uniforms are occasionally authorized to wear City-branded apparel if approved by their manager and/or director. These items include:
• Polo Shirts
• Jackets
• Sweatshirts
Non-uniform items will not be subject to any measurements and/or alterations.

Measurements/Alterations
The Vendor will be responsible for recording individual measurements and ensuring the proper uniform fit. This will be performed at the Vendor's store location or on-site if conducted in accordance with the delivery of services on date/time scheduled for employees to schedule
The selected Vendor is expected to facilitate alterations if needed. Your response should include general costs for alterations.

Docusign Envelope ID: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA RFP 25-4 Uniforms and Custom Logo Apparel
9 Embroidery/Name Tag/Patches
If needed, the Vendor selected is expected to perform all necessary embroidery and/or furnish and affix all required name tags and patches. All uniform shirts will require embroidery and/or patches. This includes:
• City Logo (See Attachment B)
• Department Name / Section (e.g., "Public Works – Traffic", "Public Works – Street Maintenance")
• Employee Name (e.g., Full Name or Last Name)
Sample embroidery can be found in Attachment C.

In some cases, patches may also need to be added to shirts. The City will provide them if necessary.

Annual On-Site Uniform Orders (Preferred Service)
As part of this process, the City hopes to implement a program allowing uniform orders to be placed on-site. This will help ensure that employees have an opportunity to place their uniform orders and receive the items promptly. The City hopes to schedule a date/time, at least twice annually, for this to occur (ideally in November/December of each year). This will happen at:

City of Santa Fe Springs
Municipal Service Yard
12636 Emmens Way
Santa Fe Springs, CA 90670
The selected Vendor will be required to bring all personnel and materials to implement this segment of the services. The City will provide a suitable workspace.

When responding to this solicitation, the prospective vendors should provide details regarding their capability to perform this service element and any requirements regarding the workspace provided by the City.

This element of the service is preferred. Not being able to facilitate these services will not result in disqualification.

Alternative Items
While the City prefers the specific items listed, alternative items from other manufacturers are acceptable. The alternative item(s) should closely match the preferred item's color, style, fabric composition, etc. The City will also need to inspect the alternative item(s) to ensure they will meet needs.

Store Location/Operating Hours
The ideal Vendor will have a physical location where staff can visit to place orders.

Preferably, the Vendor operates at least one (1) physical store within a reasonable Docusign Envelope ID: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA RFP 25-4 Uniforms and Custom Logo Apparel
10 radius of the City's Municipal Services Yard (i.e., within ten (10) miles of the City's Municipal Services Yard). City staff that will be using these services usually have work hours on Monday – Thursday between the hours of 5:30 am and 4:00 pm.

The ideal Vendor will have store operating hours within this timeframe to allow personnel to visit and place orders during work hours if needed.

Vendors who do not have a physical store within a radius of the City and/or the preferred operating hours are still encouraged to submit a proposal. Their proposal should detail their alternative method of service delivery, the ordering process, and how it could better fulfill the City's needs compared to the preferred method.

Delivery
The City does not have a preferred method for delivering uniform orders once they have been completed. The selected Vendor may either deliver in person and/or use mail services. No matter the delivery method, the City requires that uniform orders be packaged individually listing recipient's name to avoid mixing orders and ensure the recipient receives all requested items.

Your response to this solicitation should include details regarding the delivery method options.

Please note that the Municipal Services Yard is open Monday through Thursday and closed Friday through Sunday. Deliveries must be scheduled on days the City is open and staff is on hand to receive the items.

Additional Services
If vendors provide additional services outside the scope identified by the City, they are encouraged to provide details regarding these services in their proposal. The additional services should be listed in a separate section, and details should be included about how including such services could further improve the efficiency and effectiveness of the City's delivery of uniforms to staff.

Alternative Services
The specifications detailed in the solicitation are for purchasing uniforms. If a vendor has an alternative solution for providing uniforms, such as rentals, they are encouraged to submit a proposal. The proposal should detail how the alternative option is more beneficial compared to purchasing. Vendors offering an alternative option should still provide the City with all items identified in the list. In addition, vendors offering an alternative should include their pricing on the line-item list.

VII. 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 three (3) years of experience providing similar services to a public agency of similar size and functionality as the City of Santa Fe Springs Docusign Envelope ID: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA RFP 25-4 Uniforms and Custom Logo Apparel
11  Ability to provide services on-site up to twice per year 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 IX – Proposal Content and Format for additional details) VIII. Proposal Submittal
Please see Section IX – 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.

IX. Proposal Content and Format
Proposal Content
Vendors 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. 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.

C. Relevant Experience – Include information describing your experience providing similar services for public agencies. Using Attachment D – References, please give contact details 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.

D. Conflict of Interest Statement—The Vendor shall disclose any financial, business, or other relationship with the City that may impact the selection process.

If the Vendor has no such conflicts, a statement declaring such should be included in their submission.

E. 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 Docusign Envelope ID: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA RFP 25-4 Uniforms and Custom Logo Apparel
12 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 must 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 nonresponsive.

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.

X. 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

2. Experience of Vendor and Project Personnel (30 points)  Experience, resources, and qualifications of the Vendor 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 source Docusign Envelope ID: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA RFP 25-4 Uniforms and Custom Logo Apparel
13 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.

Total Score - 105
Interviews
The City may require the top-rated proposers to participate in an interview if necessary.

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

XI. 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
Or
Email:
[email protected]
Docusign Envelope ID: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA RFP 25-4 Uniforms and Custom Logo Apparel
14 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.

XII. Execution of Agreement
If required, the resulting agreement (see attached sample Attachment E) 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.

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.

Docusign Envelope ID: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA RFP 25-4 Uniforms and Custom Logo Apparel
15 XIII. 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.

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 Docusign Envelope ID: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA RFP 25-4 Uniforms and Custom Logo Apparel
16 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:

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 Docusign Envelope ID: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA RFP 25-4 Uniforms and Custom Logo Apparel
17 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.

XIV. 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.

XV. 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 Docusign Envelope ID: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA RFP 25-4 Uniforms and Custom Logo Apparel
18 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
XVI. 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.

XVII. 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.

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.

Docusign Envelope ID: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA RFP 25-4 Uniforms and Custom Logo Apparel
19 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.

XVIII. 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.

XIX. 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.

XX. 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 Vendor. These changes will be processed by the City Manager.

XXI. Disclosure of Information
A. The Vendor 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.

XXII. 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 Docusign Envelope ID: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA RFP 25-4 Uniforms and Custom Logo Apparel
20 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 vendors and their representatives from making oral statements or presentations to City representatives during a scheduled public meeting.

XXIII. 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 – CalPERS Uniform Guidelines
Attachment B – City Logo
Attachment C – Embroidery (Sample)
Attachment D – References
Attachment E – Sample PSA
Docusign Envelope ID: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA California Public Employees’ Retirement System
P.O. Box 942715 | Sacramento, CA 94229-2715
888 CalPERS (or 888-225-7377) | TTY: (877) 249-7442
www.calpers.ca.gov
Special Compensation
Circular Letter
October 30, 2019
Circular Letter: 200-050-19
Distribution: IV, V, VI, X, XII, XVI
To: All CalPERS Employers
Subject: Uniform Allowance – Reportable and Nonreportable Components Purpose
The purpose of this Circular Letter is to inform CalPERS contracting employers on a form of special compensation, the uniform allowance, reportable to CalPERS pursuant to Government (Gov.) Code section 20636 and 20636.1, and section 571 the California Code of Regulations (CCR) (Uniform Allowance), which pertains only to classic CalPERS members. This Circular Letter supersedes and replaces Circular Letter No. 200-045-02, dated July 9, 2002.

Definition of Uniform Allowance
Uniform allowance is defined in subdivision (a)(5) of CCR section 571 as the following:
“Uniform Allowance – Compensation paid or the monetary value for the purchase, rental and/or maintenance of required clothing, including clothing made from specially designed protective fabrics, which is a ready substitute for personal attire the employee would otherwise have to acquire and maintain. This excludes items that are solely for personal health and safety such as protective vests, pistols, bullets, and safety shoes.” Reportable Uniform Allowance Items
Compensation paid or the monetary value for the purchase, rental and/or maintenance of required clothing, which is a ready substitute for personal attire the employee would otherwise have to acquire and maintain, is reportable to CalPERS as a uniform allowance, under the designation of statutory item as special compensation.

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October 30, 2019

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Below are examples of items employers may require employees to wear and that CalPERS generally would deem ready substitutes for personal attire the employee would otherwise have to acquire and maintain, even if they are made from specially designed protective fabrics and even if they have other features that serve a personal health and safety purpose. However, these are simply examples, and CalPERS’ actual determinations are completed on a case-bycase basis. • Common items for uniform allowance:
‒ Dress shoes
‒ Pants
‒ Polo shirts
‒ Slacks
‒ Socks
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October 30, 2019

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Below are some examples of items that CalPERS generally would not deem ready substitutes for personal attire the employee would otherwise have to acquire and maintain. • Note that these are simply examples and that CalPERS’ actual determinations are completed on a case-by-case basis:
‒ Ammunition
‒ Aprons
‒ Ballistic vests
‒ Batons
‒ Citation booklets
‒ Coveralls
‒ Duty belts
‒ Fire extinguishers
‒ Firearms
‒ Firearm accessories
‒ Flashlights
‒ Foul weather apparel
‒ Goggles
‒ Hand axes
‒ Handcuffs
‒ Helmets
‒ Holsters
‒ Lab coats
‒ Knives
‒ Motor breeches
‒ Narcotic kits
‒ Safety harness
‒ Self-contained breathing apparatus
‒ Shop coats
‒ Steel toe boots
‒ Turnout gear
‒ Window punches
‒ Whistles
• Miscellaneous items, defined as permanently attached to, and/or associated with, safety uniform items:
‒ Badges
‒ Batteries
‒ Buttons
‒ Chevrons
‒ Embroidery
‒ Ensigns
‒ Epaulets
‒ Insignias: brass, collar, or rank
‒ Labor for affixing patches
‒ Laces
‒ Metal bars
‒ Patches
‒ Shoe polish
‒ Shoulder braids
‒ Tie bars
‒ Zippers
Docusign Envelope ID: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA Circular Letter: 200-050-19
October 30, 2019

Page 4 of 4 ends

Reporting Standards
Compensation pertaining to uniform allowance can be reported through my|CalPERS two ways:

1. The aggregate amount for each pay period can be reported within the earned period report.

Example: An annual uniform allowance item that has an effective date of the 2019 fiscal year would have a start date of July 1, 2019, and an end date of June 30, 2020.

Renee Ostrander, Chief
Employer Account Management Division
Docusign Envelope ID: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA RFP 25 – 4

UNIFORMS AND CUSTOM LOGO APPAREL
ATTACHMENT B – City Logo
Docusign Envelope ID: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA RFP 25 – 4

UNIFORMS AND CUSTOM LOGO APPAREL
ATTACHMENT C – Embroidery (Sample)
Docusign Envelope ID: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA RFP 25 – 4

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: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA 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: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA 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: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA 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: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA 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: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA 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: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA 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: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA 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: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA 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: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA 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: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA [Type here]

EXHIBIT A
CITY’S REQUEST FOR PROPOSALS
Docusign Envelope ID: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA [Type here]

EXHIBIT B
CONSULTANT’S PROPOSAL
Docusign Envelope ID: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA [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: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA [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: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA [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: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA [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: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA

EXHIBIT B
CONSULTANT’S PROPOSAL
Docusign Envelope ID: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA Request for proposal 25-4
MES/Lawmen Supply Company
Mark Trujillo
11821 Wakeman Street Santa Fe Springs, Ca 90670
[email protected]
(909) 260 6520
09/5/2024
Docusign Envelope ID: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA Table of Contents
Section 1: Letter of Interest
Section 2: Project Understanding and Approach
Section 3: Relevant Experience
Section 4: Conflict of Interest Statement
Section 5: Additional Pricing Information and City of Santa Fe Springs Business License information
Docusign Envelope ID: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA 9/5/2024
RE: RFP 25-4
Section 1: Letter of Interest
I am writing to express my interest in being considered for the Uniform and Custom Logo Apparel RFP at The City of Santa Fe Springs. With our background in providing uniforms and custom embroidery services to municipalities across the nation, I believe we can contribute positively to the success of this RFP.

We are fully committed to dedicating the necessary time, personnel, and resources to this effort.

We understand the importance of collaboration and effective project management, and I am prepared to engage with your team to ensure that we meet your objectives efficiently. You will have a dedicated sales representative assigned to the City of Santa Fe Springs, to assist you in all aspects of the uniform process.

Thank you for considering MES/Lawmen for this proposal. I look forward to the possibility of working together.

Sincerely,
Mark Trujillo
MES/Lawmen Supply
Sales Representative
[email protected]
(909) 260-6520
Docusign Envelope ID: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA 9/5/2024
RE: RFP 25-4 Uniforms and Custom Logo Apparel
Section 2: Project Understanding and Approach
To The City of Santa Fe Springs:

Municipal Emergency Services/Lawmen Supply Company (MES/Lawmen) is one of the largest suppliers of equipment and apparel to the First Responder Market. Founded in 2001, MES/Lawmen has grown to approximately $300MM in annual sales with a team consisting of 180 sales representatives and over 100 mobile service technicians. Representing thousands of products from hundreds of the top industry manufacturers, MES/Lawmen carries several million dollars of inventory in warehouses and service centers located strategically across the United States.

With regards to RFP 25-4, MES/Lawmen is uniquely qualified to service the needs of the City of Santa Fe Springs. We have a 15,000 sq ft facility in Santa Fe Springs Ca with retail/showroom and warehouse space as well as customization/alteration capabilities with embroidery and tailoring on site. We employ Sales Representative assigned to the City of Santa Fe Springs as well as a Uniform Specialist dedicated to assisting the Sales Representatives with expertise in measuring, sizing, and creating specifications. In addition to our facility, MES/Lawmen utilizes a proven model of mobile sizing units where we can come to your locations as needed with sizing sets and samples for custom fittings. These units also serve as pick up and delivery vehicles for delivering orders and/or facilitating repairs or alterations. This mobile service is offered at no additional charge and greatly reduces Santa Fe Springs employees time out of service.

MES/Lawmen Supply Company utilizes several state-of-the-art technologies that set us apart form other suppliers. With a cloud based operating system for customer information as well as inventory management, all sales staff have direct access to real time inventory levels, sales order tracking, and work flow progress giving them necessary information to keep customers apprised of order status. We have an online store platform for customers that can be tailored to your needs in many ways. Only City approved items can be loaded into your store and the site can manage sales utilizing purchase orders, allowances or credit cards with reporting available to the City designated administrators. Access can be given to all individuals, or a single or group of Docusign Envelope ID: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA administrators. Uniform orders are processed utilizing our Precision Ordering Platform ensuring every uniform regardless of city, division, or department, etc is ordered and built to the correct specification. This system has checks and balances ensuring accuracy throughout the process.

We would like to thank the City of Santa Fe Springs for considering MES/Lawmen with regards to this RFP. We are confident that our experience, systems, facility, and team can exceed the expectations set forth by The City if selected to enter into a contract.

Sincerely,
Dave Mooney
MES/Lawmen Supply
VP-Western US
[email protected]
360-953-7773
Docusign Envelope ID: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA 9/05/2024
RE: RFP 25-4 Uniforms and Custom Logo Apparel
Section 3: Experience:

Established in 2001, MES/Lawmen Supply Company utilizes several state-of-the-art technologies that set us apart form other suppliers. With a cloud based operating system for customer information as well as inventory management, all sales staff have direct access to real time inventory levels, sales order tracking, and work flow progress giving them necessary information to keep customers apprised of order status. We have an online store platform for customers that can be tailored to your needs in many ways. Only City approved items can be loaded into your store and the site can manage sales utilizing purchase orders, allowances or credit cards with reporting available to the City designated administrators. Access can be given to all individuals, or a single or group of administrators. Uniform orders are processed utilizing our Precision Ordering Platform ensuring every uniform regardless of city, rank, department, etc is ordered and built to the correct specification. This system has checks and balances ensuring accuracy throughout the process.

With regards to RFP 25-4, MES/Lawmen is uniquely qualified to service the needs of the City of Santa Fe Springs. We have a new 15,000 sq ft facility in Santa Fe Springs with retail/showroom and warehouse space as well as customization/alteration capabilities with embroidery and tailoring on site. We employ both a Law Enforcement and Fire Sales Representative assigned to the City of Santa Fe Springs as well as a Uniform Specialist dedicated to assisting the Sales Representatives with expertise in measuring, sizing, and creating specifications. In addition to our facility, MES/Lawmen utilizes a proven model of mobile sizing units where we can come to your locations as needed with sizing sets and samples for custom fittings. These units also serve as pick up and delivery vehicles for delivering orders and/or facilitating repairs or alterations.

This mobile service if offered at no additional charge and greatly reduces Santa Fe Springs employees time out of service that would otherwise be spent traveling to a facility, waiting in a queue, getting fitted, waiting for the garments to be altered, and then potentially requiring a 2nd trip to pick up the garments if not altered while they wait on site. Savings in time, money, and coverage for the City would be a significant added value for your consideration in evaluating our proposal.

Docusign Envelope ID: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA 9/5/2024
RE: RFP 25-4
Section 4: Conflict of Interest Statement
To The City Of Santa Fe Springs:

MES/Lawmen Supply has no conflict of interest with the City Of Santa Fe Springs.

Sincerely,
Dave Mooney
MES/Lawmen Supply
VP-Western US
[email protected]
360-953-7773
Docusign Envelope ID: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA Section 5: Additional Pricing Information

1. All sewing of patches will be $3.00 per patch.

2. Direct embroider will be at a cost of $1.50 per 1000 stitches.

3. City of Santa Fe Springs Business License #15800296
Docusign Envelope ID: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA RFP 25 – 4

UNIFORMS AND CUSTOM LOGO APPAREL
ATTACHMENT D – 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
LA Department of Walefare Fraud and investigations DPSS 20101 Hamilton Ave Torrance, Ca 90502
Lula Hill
310 349 4515
[email protected]
Dpss Academy
02-1-2024
Los Angeles county Animal Care and Control
5898 Cherry Ave Long Beach, Ca 90805
Renee Shaw
562 265 1375
[email protected]
Uniforms for department
Ongoing
Los Angeles County Sheriff's Department
14205 Telegraph Rd. Whittier, Ca 90604
Engelbert Perez
562 347 4552
[email protected]
Uniforms for department
Ongoing
Docusign Envelope ID: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA City of Santa Fe Springs
Uniforms and Custom Logo Apparel (RFP 25-4), bidding on 10/03/2024 2:00 PM (PDT)

Page 1 of 5 ends

Printed 10/03/2024
PlanetBids
Docusign Envelope ID: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA City of Santa Fe Springs
Uniforms and Custom Logo Apparel (RFP 25-4), bidding on 10/03/2024 2:00 PM (PDT)

Page 2 of 5 ends

Printed 10/03/2024
PlanetBids
Docusign Envelope ID: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA City of Santa Fe Springs
Uniforms and Custom Logo Apparel (RFP 25-4), bidding on 10/03/2024 2:00 PM (PDT)

Page 3 of 5 ends

Printed 10/03/2024
PlanetBids
Docusign Envelope ID: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA City of Santa Fe Springs
Uniforms and Custom Logo Apparel (RFP 25-4), bidding on 10/03/2024 2:00 PM (PDT)

Page 4 of 5 ends

Printed 10/03/2024
PlanetBids
Docusign Envelope ID: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA City of Santa Fe Springs
Uniforms and Custom Logo Apparel (RFP 25-4), bidding on 10/03/2024 2:00 PM (PDT)

Page 5 of 5 ends

Printed 10/03/2024
PlanetBids
Docusign Envelope ID: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA

EXHIBIT C

Docusign Envelope ID: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA 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: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA 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: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA 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: 309B3A2D-E4E4-44A8-A60A-57A6AC2FFCFA City of Santa Fe Springs
Bid Results for Project Uniforms and Custom Logo Apparel (RFP 25-4) Issued on 09/03/2024
Bid Due on October 03, 2024 2:00 PM (PDT)
Line Totals (Unit Price * Quantity)
Item Num Item Code Description Unit of Measure Quantity Municipal Emergency Services Conceptual Marketing Golden Sun Inkovation, Inc. Sinatra Uniforms, Inc. 2meart.com Pristine Uniforms LLC 1 Belt Black Unisex Belt /Unit 25 $449.75 $462.50 $625.00 $681.00 $424.75 $599.75 $624.75 2 Belt Black Plain Belt With Scratch-less Buckle /Unit 20 $430.00 $370.00 $700.00 $584.80 $404.00 $519.80 $579.80 3 Shirt Orange Dri-Mesh Polo Shirt /Unit 15 $239.85 $330.00 $247.50 $281.70 $434.85 $299.85 $299.85 4 Shirt Navy Dri-Mesh Polo Shirt /Unit 15 $239.85 $330.00 $247.50 $281.70 $434.85 $299.85 $299.85 5 Shirt Blueberry Dri-Mesh Polo Shirt /Unit 15 $239.85 $330.00 $247.50 $281.70 $434.85 $299.85 $299.85 6 Shirt Orange Silk Touch Polo /Unit 30 $374.70 $570.00 $418.50 $459.60 $809.70 $599.70 $479.70 7 Shirt Carolina Blue Silk Touch Performance Polo /Unit 15 $187.35 $285.00 $209.25 $234.75 $404.85 $299.85 $239.85 8 Shirt Blueberry Dri-Mesh Polo Shirt (Tall) /Unit 5 $87.45 $115.00 $97.50 $113.05 $157.50 $114.95 $109.95 9 Shirt Black Dri-Mesh Polo Shirt (Tall) /Unit 5 $87.45 $115.00 $97.50 $113.05 $157.50 $114.95 $109.95 10 Coveralls Navy Action Back Twill Coverall /Unit 10 $324.90 $430.00 $380.00 $486.60 $489.90 $440.00 $589.90 11 Jacket Yellow/Black Reflective Safety Jacket /Unit 5 no bid $270.00 $225.00 $259.95 $249.95 $250.00 $564.95 12 Jacket Navy Competitor Jacket /Unit 10 $349.90 $385.00 $350.00 $384.90 $449.90 $345.00 $439.90 13 Jacket Navy Perma-Lined Team Jacket /Unit 10 $369.90 $470.00 $480.00 $559.90 $535.00 $550.00 $559.90 14 Jacket Black Perma-Lined Team Jacket /Unit 10 $399.90 $470.00 $480.00 $615.60 $535.00 $550.00 $559.90 15 Jacket Premium Black Series Windbreaker Jacket /Unit 5 no bid $270.00 $275.00 $391.15 $245.00 $400.00 $249.95 16 Jacket Yellow/Reflective Hi-Visibility Jacket /Unit 15 $809.85 $810.00 $735.00 $811.20 $903.00 $735.00 $989.85 17 Jacket Orange/Reflective Hi-Visibility Jacket /Unit 10 $539.90 $540.00 $490.00 $544.10 $602.00 $490.00 $659.90 18 Pants Navy 874 FLEX Work Pants /Unit 35 $979.65 $1,050.00 $1,225.00 $1,540.70 $857.50 $1,715.00 $1,189.65 19 Pants Brown 874 FLEX Work Pants /Unit 60 no bid $1,800.00 $2,100.00 $2,634.00 $1,470.00 $2,940.00 $2,039.40 20 Pants Navy Blue Dura-Kap Industrial Pants /Unit 35 $664.65 $700.00 $910.00 $941.50 $699.65 $769.65 $979.65 21 Pants Brown Dura-Kap Industrial Pants /Unit 60 $1,139.40 $1,200.00 $1,560.00 $1,606.80 $1,199.40 $1,799.40 $1,679.40 22 T-Shirt Safety Orange Performance Long Sleeve T-Shirt /Unit 30 $494.70 $570.00 $537.00 $561.60 $669.00 $539.70 $359.70 23 T-Shirt Safety Orange Long Sleeve Core Blend Tee /Unit 60 $479.40 $510.00 $648.00 $573.00 $1,308.00 $659.40 $599.40 24 T-Shirt Safety Orange Short Sleeve Core Blend Tee /Unit 30 $134.70 $210.00 $210.00 $219.30 $564.00 $299.70 $179.70 25 Shirt Orange Long Sleeve Industrial Work Shirt /Unit 30 $479.70 $720.00 $536.40 $741.00 $945.00 $749.70 $719.70 26 Shirt Navy Long Sleeve Industrial Work Shirt /Unit 20 $319.80 $470.00 $357.60 $422.20 $630.00 $499.80 $459.80 27 Shirt Light Blue Long Sleeve Industrial Work Shirt /Unit 15 $239.85 $352.50 $268.20 $319.20 $472.50 $374.85 $344.85 28 Shirt Orange Long Sleeve Industrial Work Shirt /Unit 30 $479.70 $720.00 $750.00 $478.80 $945.00 $779.70 $719.70 29 Shirt Navy Long Sleeve Industrial Work Shirt /Unit 30 $479.70 $705.00 $750.00 $478.80 $945.00 $779.70 $689.70 30 Shirt Orange Short Sleeve Industrial Work Shirt /Unit 30 $389.70 $630.00 $465.00 $666.00 $855.00 $779.70 $599.70 31 Shirt Navy Short Sleeve Industrial Work Shirt /Unit 25 $324.75 $512.50 $387.50 $462.75 $712.50 $624.75 $474.75 32 Shirt Light Blue Short Sleeve Industrial Work Shirt /Unit 25 $324.75 $512.50 $387.50 $462.75 $712.50 $624.75 $474.75 33 Shorts Navy Loose Fit Flat Front Work Shorts, 13" /Unit 20 $499.80 $580.00 $580.00 $709.80 $430.00 $639.80 $619.80 34 Shorts Navy Plain Front Shorts /Unit 20 $379.80 $370.00 $500.00 $559.80 $370.00 $599.80 $499.80 35 Shorts Brown Plain Front Shorts /Unit 30 $569.70 $585.00 $750.00 $834.60 $555.00 $899.70 $749.70 36 Shorts Brown Performance Shop Shorts /Unit 30 $899.70 $585.00 $1,110.00 $834.60 $825.00 $1,350.00 $1,199.70 37 Sweatshirt Black Lightweight Full-Zip Sweatshirt /Unit 5 $219.95 $195.00 $175.00 $200.55 $229.95 $199.95 $219.95 38 Sweatshirt Black Sport-Wick Stretch Reflective Heather Half-Zip Pullover /Unit 5 $199.95 $195.00 $178.75 $203.70 $232.50 $179.95 $224.95 39 Sweatshirt Navy Core Fleece Pullover Hooded Sweatshirt /Unit 10 $159.90 $210.00 $162.50 $197.90 $285.00 $199.90 $199.90 40 Sweatshirt Black Core Fleece Pullover Hooded Sweatshirt /Unit 10 $159.90 $210.00 $162.50 $197.90 $285.00 $199.90 $199.90 41 Sweatshirt Orange Core Fleece Pullover Hooded Sweatshirt /Unit 15 $239.85 $315.00 $243.75 $291.75 $427.50 $299.85 $299.85 42 Sweatshirt Black Ultimate Crewneck Sweatshirt /Unit 10 $149.90 $205.00 $117.00 $174.60 $275.00 $169.90 $179.90 43 Sweatshirt Orange Ultimate Crewneck Sweatshirt /Unit 15 $224.85 $307.50 $175.50 $256.95 $412.50 $254.85 $268.50 Subtotal $15,764.35 $20,972.50 $21,552.45 $23,655.30 $24,985.10 $25,837.95 $23,829.60 44 Shirt Navy Dri-Mesh Polo Shirt (Women's) /Unit 15 $247.35 $330.00 $253.50 $492.75 $322.50 $344.85 $712.35 45 Shirt Black Embossed PosiCharge Tough Polo (Women's) /Unit 15 $247.35 $330.00 $253.50 $492.75 $322.50 $359.85 $712.35 46 Shirt Navy PosiCharge RacerMesh Long Sleeve Polo /Unit 15 $179.85 $292.50 $214.50 $474.00 $277.50 $374.85 $637.35 47 Shirt Black PosiCharge RacerMesh Long Sleeve Polo /Unit 15 $179.85 $292.50 $214.50 $474.00 $277.50 $374.85 $637.35 48 Shirt Navy Micropique Sport-WickPocket Polo /Unit 15 $292.35 $360.00 $292.50 $552.75 $352.50 $419.85 $772.35 49 Sweatshirt Navy Performance Fleece 1/4-Zip Pullover Sweatshirt /Unit 10 $189.90 $235.00 $192.50 $369.40 $229.90 $269.90 $504.90 50 Sweatshirt Navy 1/4-Zip Sweatshirt /Unit 10 $244.90 $285.00 $227.50 $409.40 $275.00 $279.90 $574.90 Subtotal $1,581.55 $2,125.00 $1,648.50 $3,265.05 $2,057.40 $2,424.05 $4,551.55 Total $17,345.90 $23,097.50 $23,200.95 $26,920.35 $27,042.50 $28,262.00 $28,381.15 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: Dino Torres, Director of Police Services
SUBJECT: APPROVE PROFESSIONAL SERVICE AGREEMENTS FOR ASNEEDED ENCAMPMENT ABATEMENT AND GENERAL CLEAN-UP

SERVICES
DATE: November 12, 2024

RECOMMENDATIONS
It is recommended that the City Council:
1) Approve a three (3) year agreement with Mayfield Environmental Engineering (Mayfield) in the amount of $125,000 per fiscal year (total initial amount shall not exceed $375,000); and
2) Approve a three (3) year agreement with O.C. Vacuum, Inc. (O.C. Vacuum) in the amount of $125,000 per fiscal year (total initial amount shall not exceed $375,000); and
3) Approve a three (3) year agreement with Ocean Blue Environmental Services, Inc. (Ocean Blue) in the amount of $50,000 per fiscal year (total initial amount shall not exceed $150,000); and
4) Authorize the City Manager to exercise the one (1) year extension option of each agreement, if needed; and
5) Take any additional related action necessary.

FISCAL IMPACT
If approved, Staff will be authorized to purchase services as detailed in the RFP through December 31, 2027. The following table provides an annual cost breakdown of the agreements:

CITY COUNCIL AGENDA REPORT – MEETING OF NOVEMBER 12, 2024 Approve Professional Service Agreements for As-Needed Encampment Abatement and General Clean Up Services

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Consultant Year 1 (thru June
30, 2025)
Year 2 (July 1, 2025
thru June 30, 2026)
Year 3 (July 1, 2026
thru June 30, 2027)
Year 4 (Partial)
(July 1, 2027 thru
December 31, 2027)
Mayfield $62,500 $125,000 $125,000 $62,500
OC Vacuum $62,500 $125,000 $125,000 $62,500
Ocean Blue $25,000 $50,000 $50,000 $25,000
The annual expenditure amounts were determined by analyzing past expenditures for similar services and projected anticipated usage during future years.

The adopted Fiscal Year 2024-25 budget includes funding for these services primarily within the budget allocations for Police Services and Public Works. These budgets were developed in consultation with each department/division to determine a likely annual expenditure amount. Therefore, it is not anticipated that a budget adjustment would be needed for FY 2024-25. Future budgets will be developed utilizing the estimated amounts shown in the table above.

All agreements will have an initial term through December 31, 2027, and include one (1), one (1) year extension options for a maximum term through December 31, 2028.

Services associated with these agreements will be used as-needed. Upon receiving a request for services, the availability of funds will be verified, and a purchase order will be generated with sufficient funds encumbered for the expense. The Department of Finance will track encumbrances and expenses.

BACKGROUND
In the past, the City has used various consultants and contractors to provide services to assist with encampment abatement and general clean-up services. Qualified and licensed firms typically perform these services to address clean-up efforts that are large in scale or require special handling for collection and disposal. They are beyond the scope of onhand Staff. This specifically includes encampments, illegal dumping sites, hazardous wastes, and overgrown vegetation locations within the City's borders. Locations where services are to be performed include but are not limited to underneath roadway overpasses, drainage channels, industrial, neighborhoods, vacant land, and open/enclosed space areas.

While these services are essential and critical to City operations, they are required to be obtained in a manner that complies with local procurement procedures. For this reason, on Tuesday, July 23, 2024, the City issued a Request for Proposals (RFP) for As-Needed Encampment Abatement and General Clean Up Services.

The RFP was posted on PlanetBids, and notices were emailed to several prospective bidders, including those within the local area. In addition, print advertising in local media sources was used to advertise the solicitation. The RFP closed on Thursday, August 29, CITY COUNCIL AGENDA REPORT – MEETING OF NOVEMBER 12, 2024 Approve Professional Service Agreements for As-Needed Encampment Abatement and General Clean Up Services

Page 3 of 4 ends

2024, with fourteen (14) responses. The following is a list of the bidders who responded and their locations (in alphabetical order):
 A1 Financial Services (Moreno Valley, CA)
 Ancon Marine (Los Alamitos, CA)
 Alpha Petroleum Transport (Corona, CA)
 American Integrated Services (Wilmington, CA)
 C&NF Enterprises dba Bio-One of Orange (Orange, CA)
 Clean Harbors Environmental Services (Norwell, CA)
 Hunter Consulting dba HCI Environmental & Engineering Services (Corona, CA)  J&L Constructors (Huntington Beach, CA)
 Landscape Maintenance of America (Rocklin, CA)
 Mayfield Environmental Engineering (Long Beach, CA)
 O.C. Vacuum (Santa Fe Springs, CA)
 Ocean Blue Environmental (Long Beach, CA)
 Patriot Environmental Services (Signal Hill, CA)
 United Pumping Services (City of Industry, CA)
After receiving the responses to the RFP, an evaluation committee was formed to review each proposal submission. The evaluation committee comprised Staff from Police Services and Public Works. The responses were evaluated based on the following criteria:

Experience (40 points)
Staff and Project Organization Plan (30)
Reference Checks (15 points)
Proposed Fees (10 points)
Responsiveness to RFP (5 points)
In addition to reviewing and rating each proposal, the City interviewed the top-rated firms to discuss their project approach and obtain further information about local needs.

DISCUSSION
Upon completing the evaluation of the proposals and conducting interviews, Staff recommends awarding agreements to the following service providers (in alphabetical order):
 Mayfield Environmental Engineering (Long Beach, CA)
 O.C. Vacuum (Santa Fe Springs, CA)
 Ocean Blue Environmental (Long Beach, CA)
Staff is proposing multiple agreements through this opportunity to ensure the availability of services and allow Department staff to choose service providers based on their specific CITY COUNCIL AGENDA REPORT – MEETING OF NOVEMBER 12, 2024 Approve Professional Service Agreements for As-Needed Encampment Abatement and General Clean Up Services

Page 4 of 4 ends

ITEM STATUS:

APPROVED:

DENIED:

TABLED:

DIRECTION GIVEN:

service needs. By approving these agreements, the City ensures that it can achieve responsibility to maintain public health and safety. This includes making sure publicly accessible areas are clear of trash, debris, and other items that could negatively impact beautification and create hazards.

The proposals submitted by the service providers mentioned above were the most comprehensive and demonstrated an ability to provide the services required by the City.

It should also be noted that Mayfield and O.C. Vacuum have previously provided services for the City. Each of the previously used service providers has continually offered satisfactory services.

The service providers selected have been vetted to ensure they have all necessary personnel, equipment, supplies, and licenses/certifications required to complete tasks associated with the scope of work. This also includes understanding the legal compliance requirements for providing necessary notices to inhabitants before completing any work.

Each service provider will coordinate with the Police Services, Public Works, and Whittier PD, to ensure adherence to the proper procedures. When needed, representatives from these departments will be on hand to ensure compliance with protocols and serve as liaisons to refer any remaining inhabitants to resources that can provide assistance.

The proposals that were not selected did not fully meet the City's requirements. In addition, some needed more experience in providing services in the public sector.

Although the proposals were not selected, contact information will be retained in the vendor management database to ensure they receive other solicitations for services in the future.

SUMMARY/NEXT STEPS
Staff recommends approving professional service agreements with Mayfield, O.C.

Vacuum, and Ocean Blue for as-needed encampment abatement and general clean-up services. If approved, the agreements will allow the purchase of services in accordance with the terms, conditions, and pricing identified in the associated RFP.

ATTACHMENTS
A. PSA – Mayfield
B. PSA – O.C. Vacuum
C. PSA – Ocean Blue
D. Bid Results Summary
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CITY OF SANTA FE SPRINGS

PROFESSIONAL SERVICES AGREEMENT
WITH

MAYFIELD ENVIROMENTAL ENGINEERING

DBA MAYFIELD ENVIROMENTAL SOLUTIONS
This Professional Services Agreement (“Agreement”) is made and effective as of November 12, 2024 (“Effective Date”), by and between the City of Santa Fe Springs, a California municipal corporation, (“City”) and Mayfield Environmental Engineering DBA Mayfield Environmental Solutions, 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 As-Needed Encampment Abatement and General Clean-Up 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 November 12, 2024 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 December 31, 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 Docusign Envelope ID: 48D07B1C-97CD-4A8C-9706-91517D117D5D REV032024 Page 2 of 24 OC Vacuum
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 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 (“Not-to-Exceed Sum”) One Hundred Twenty Five Thousand Dollars ($125,000.00) per fiscal year (July 1 st – 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 Not-to-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.

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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 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.

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

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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 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.

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 James Mayfield, President/CEO/Chief Engineer, 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.

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 Docusign Envelope ID: 48D07B1C-97CD-4A8C-9706-91517D117D5D REV032024 Page 5 of 24 OC Vacuum
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; 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.

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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 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.

14. CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT

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

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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 Docusign Envelope ID: 48D07B1C-97CD-4A8C-9706-91517D117D5D REV032024 Page 8 of 24 OC Vacuum
in Exhibit C. Consultant will procure and maintain the required insurance coverage, at its own expense.

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.

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 Docusign Envelope ID: 48D07B1C-97CD-4A8C-9706-91517D117D5D REV032024 Page 9 of 24 OC Vacuum
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 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.

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 Docusign Envelope ID: 48D07B1C-97CD-4A8C-9706-91517D117D5D REV032024 Page 10 of 24 OC Vacuum
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 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.

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, Docusign Envelope ID: 48D07B1C-97CD-4A8C-9706-91517D117D5D REV032024 Page 11 of 24 OC Vacuum
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 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.

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;
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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 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.

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: 48D07B1C-97CD-4A8C-9706-91517D117D5D REV032024 Page 13 of 24 OC Vacuum
prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by Consultant in the performance of this Agreement.

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: 48D07B1C-97CD-4A8C-9706-91517D117D5D REV032024 Page 14 of 24 OC Vacuum
subpoena or court order shall not be considered “voluntary” provided Consultant gives the City notice of such court order or subpoena.

To the City: City of Santa Fe Springs
11710 E. Telegraph Road
Santa Fe Springs, CA 90670
Attention: City Clerk’s Office
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To Consultant: Mayfield Environmental Engineering
6093 Avenida de Castillo
Long Beach, CA 90803
Attention: James Mayfield, CEO
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
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.

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 Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.

Docusign Envelope ID: 48D07B1C-97CD-4A8C-9706-91517D117D5D REV032024 Page 16 of 24 OC Vacuum

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

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 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 Docusign Envelope ID: 48D07B1C-97CD-4A8C-9706-91517D117D5D REV032024 Page 17 of 24 OC Vacuum
of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

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: 48D07B1C-97CD-4A8C-9706-91517D117D5D REV032024 Page 18 of 24 OC Vacuum
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:
_________________________
Rick Olivarez, City Attorney
Attachments: Exhibit A City’s Request for Proposals
Exhibit B Consultant’s Proposal
Exhibit C Insurance Requirements
Docusign Envelope ID: 48D07B1C-97CD-4A8C-9706-91517D117D5D James Mayfield
10/15/2024
President

EXHIBIT A
CITY’S REQUEST FOR PROPOSALS
Docusign Envelope ID: 48D07B1C-97CD-4A8C-9706-91517D117D5D

REQUEST FOR PROPOSALS
No. 25 - 1
As-Needed Encampment Abatement and
General Clean-Up Services
Issue Date: Tuesday, July 23, 2024
Questions Due Date: Wednesday, August 14, 2024 at 2 pm PDT Proposal Due Date: Thursday, August 29, 2024 at 2 pm PDT Docusign Envelope ID: 48D07B1C-97CD-4A8C-9706-91517D117D5D 2 (THIS PAGE INTENTIONALLY LEFT BLANK)
Docusign Envelope ID: 48D07B1C-97CD-4A8C-9706-91517D117D5D 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 a Professional Services Agreement based on the specifications outlined in this RFP.

DATE OF SOLICITATION
Tuesday, July 23, 2024

PROJECT
As-Needed Encampment Abatement and General Clean-Up Services

PROPOSAL OWNER
City of Santa Fe Springs – Department of Police Services 11576 Telegraph Road
Santa Fe Springs, CA 90670
Attn: Dino Torres, Director of Police Services
Contact Phone: (562) 858 - 0511
Contact E-Mail: [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 E-Mail: [email protected]
Any questions about this RFP should be submitted via the City's PlanetBids Portal by Wednesday, August 14, 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://vendors.planetbids.com/portal/65093/bo/bo-detail/119455 Docusign Envelope ID: 48D07B1C-97CD-4A8C-9706-91517D117D5D 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/Services............................................................................................................7 VI. Qualifications.............................................................................................................................10 VII. Proposal Submittal ...................................................................................................................11 VIII. Proposal Content and Format ...............................................................................................11 IX. Evaluation Criteria ....................................................................................................................13 X. Proposal Protests .....................................................................................................................14 XI. Execution of Agreement..........................................................................................................15 XII. Insurance Requirements.........................................................................................................16 XIII. Business License Requirement ............................................................................................18 XIV. Use of Federal Funds...............................................................................................................18 XV. Non-Commitment of City ........................................................................................................19 XVI. Labor Requirements.................................................................................................................19 XVII. Records .......................................................................................................................................20 XVIII. Use of Subcontractors.............................................................................................................20 XIX. Modifications/Changes............................................................................................................20 XX. Disclosure of Information .......................................................................................................20 XXI. Ex-Parte Communications......................................................................................................20 XXII. General Rights of the City ......................................................................................................21 Docusign Envelope ID: 48D07B1C-97CD-4A8C-9706-91517D117D5D 5 I. Notice Inviting Proposals
The City of Santa Fe Springs seeks proposals from qualified contractors to provide asneeded encampment abatement and general clean-up services following the specifications, terms, and conditions identified in Request for Proposals (RFP) No. 25 -

1. 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/119455

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

Questions must be submitted by Wednesday, August 14, 2024, at 2:00 pm PDT. *****QUESTIONS MUST BE SUBMITTED VIA PLANETBIDS*****
Proposals must be submitted via PlanetBids by Thursday, August 29, 2024, at 2:00 p.m. PDT. Responses to this RFP will be evaluated to determine the most qualified contractor and the most responsive to the requirements. Responses must adhere to the format and content described in the RFP.

Docusign Envelope ID: 48D07B1C-97CD-4A8C-9706-91517D117D5D 6 II. Introduction
The City of Santa Fe Springs, hereinafter referred to as "City," invites proposals from qualified contractors to provide as-needed encampment abatement and general clean-up services. The preferred contractor will work with a designated point of contact from the Department of Police Services and Public Works to identify areas where services are needed.

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. The City may select multiple contractors to ensure the availability of services.

III. About the City of Santa Fe Springs
Santa Fe Springs is located in the southeast section 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.

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 Tuesday, July 23, 2024
 Online Q&A Deadline Wednesday, August 14, 2024, 2:00 pm PDT  Deadline to Submit Responses Thursday, August 29, 2024, at 2:00 pm PDT  City Review of Submissions Mid/Late September 2024
 Interviews TBD (If Necessary)
 Notifications Sent to Contractors Early October 2024
 Award Mid-October 2024
Docusign Envelope ID: 48D07B1C-97CD-4A8C-9706-91517D117D5D 7 V. Scope of Work/Services
The City seeks proposals from qualified contractors to provide as-needed encampment site abatement and general clean-up services. The preferred contractor’s proposal will demonstrate their ability to offer turnkey services for removing and cleaning large items, biohazardous materials, and other illegally dumped and encampment waste materials.

Work will primarily occur during daytime hours, Monday through Sunday, 7 am – 5 pm, excluding holidays. Occasionally, urgent or emergency services may be required outside this timeframe. Although services will be on an on-call basis, the City will try to schedule at least 48 hours before the service date.

The exact frequency of service requests is unknown, but the City anticipates small cleanups (services that can be completed in less than four (4) hours) will occur one (1) to two (2) times monthly. Large/multi-day clean-ups may occur up to four (4) to six (6) times annually.

General Specifications/Details

1. As requested by the City, turnkey encampment abatement and general clean-up services should be provided by removing large items, biohazardous material, and other illegally dumped and encampment waste materials.

2. Encampment sites may contain various hazardous materials, including biohazardous materials, garbage, general debris, human waste, constructed temporary shelter, and other items associated with occupation by unhoused individuals.

3. Illegal dumping sites are considered to contain various large items, including furniture, appliances, motors, tires, construction debris, automobile parts, bicycles, mattresses, box springs, garbage, general debris, and other items.

4. Support services may include services in addition to site clean-up, such as the assembly and dismantling of temporary structures, staging, removal, relocation, and transportation of items and materials for the City.

5. Sites will be identified individually. The City will try to cluster multiple sites as part of a single work request. Sites include under structures (e.g., bridges), open areas, vegetated ground cover in Caltrans right-of-way, abandoned structures (e.g., houses, sheds, outbuildings), scrap material, and/or tent-built shelters. If the contractor is equipped to provide confined space entry, site locations may occasionally require confined space entry clean-up. Property may be public or privately owned. The City will be responsible for giving access to the site; however, the contractor will be required to coordinate all necessary permits as needed, including Caltrans permits.

6. The site supervisor and worker(s) must be trained and certified in handling and disposing of hazardous materials. If requested, the contractor must provide copies Docusign Envelope ID: 48D07B1C-97CD-4A8C-9706-91517D117D5D 8 of any applicable training records, certifications, and licenses required to perform this work.

7. Before accessing any site, law enforcement personnel from the City of Santa Fe Springs Department of Police Services or Whittier Police Department will clear it of occupants.

8. For more extensive work requests requiring more than four (4) hours of labor, the contractor is expected to conduct a site assessment to identify the estimated number of personnel, labor hours, subcontractor costs, equipment and material costs, and disposal costs will be provided to the City. The assessment can be conducted in a manner that is mutually agreed upon by the City and contractor (e.g., in-person, remotely using video conferencing or site photos).

Duties and Responsibilities of the Contractor

1. Clean-up duties will include surveying sites, collecting debris, dismantling temporary structures, and removing trash and human waste.

2. Disposal will be at a site permitted to accept such materials. As part of the response to this request, the contractor is expected to provide proof of having access to such a facility.

3. The contractor will supply all labor, materials, tools, protective clothing and gear, and equipment required or needed to perform the work, handle, remove, dismantle, transport, and dispose of waste and materials, and leave a clean site.

4. The contractor will coordinate with the City site-by-site to determine the work order for each encampment or illegal dumping clean-up. The work order will establish the site start date, estimated work timeframe, staging areas, traffic control if required, and the name of the onsite representative.

5. The contractor will supervise and manage crews and subcontractors and ensure all necessary safety procedures are followed. This individual will serve as the City's point of contact.

6. The contractor will photograph the illegal dumping, encampment, or City site before and after cleaning and provide the City with an electronic copy of each photograph.

7. The contractor shall notify the City when the work is complete and provide a cleanup report for each site.

8. The contractor shall notify the City's designated representative if an adjacent homeless encampment is discovered in the general area during a project to obtain authorization before proceeding with any additional work that was not identified in the work scope.

Docusign Envelope ID: 48D07B1C-97CD-4A8C-9706-91517D117D5D 9 9. The contractor will follow best practices and work procedures to safely manage any hazardous materials found on the job site, including urine, feces, solid personal hygiene items, syringes, and other materials that could pose a health threat.

10.The contractor will trim shrubs and vegetation, as requested by the City, to deter future encampments.

11.If any weapons or evidence of a crime are found, the contractor will immediately contact the Whittier Police Department and the City's point of contact.

12.The contractor will always perform work in a timely and efficient manner, as well as in a courteous and business-like manner.

13. The contractor will properly handle and dispose of solid and hazardous waste by all applicable laws.

City Responsibilities

1. The City will contact the contractor by phone or e-mail to initiate a work request with a minimum 48-hour notification of the start time of a clean-up project.

2. Identify the site address(es) or parcel(s).

3. Provide services to ensure security during clean-up upon request.

4. Identify a City representative as a point of contact for reviewing work requests, authorizing work, and addressing issues and questions.

Safety and Training Requirements

1. Safety and appropriate training/licensing are critical requirements for the selected contractor. The contractor is not expected to interact with any individuals dwelling at the site or put their employees at risk at any time. .

2. The contractor will comply with all safety rules, protocols, and licensing requirements mandated by the State of California.

3. Work may be performed in inclement weather. Job sites can be in heavy foliage, steep embankments, next to train tracks, and other areas requiring alertness to the environment and preplanning to prevent injury or illness. The contractor will assess hazards and provide all necessary training and supplies.

4. The contractor will be OSHA-certified to operate any heavy equipment required to complete the illegal dumping or encampment clean-up work, including trash compactors, bulldozers, graders, or other ground-moving equipment.

Docusign Envelope ID: 48D07B1C-97CD-4A8C-9706-91517D117D5D 10 5. The contractor will conform to all applicable occupational safety and health standards, rules, regulations, and orders established by the State of California.

The contractor will provide all safety equipment and materials and will supply training as required. The contractor will provide its employees with appropriate safety apparel and equipment, including, but not limited to, personal protective clothing, hardhats, safety glasses, safety harnesses, vests, gloves, and leather (or adequately puncture-resistant) boots.

6. The contractor will be trained annually in OSHA's Bloodborne Pathogen Standards. This training must be supplemented with precautions regarding West Nile Virus, Hantavirus, and Histoplasmosis. Employees must have work procedures to safely manage urine, feces, soiled personal hygiene items, syringes, and other materials that could pose a health threat. They must wear personal protective equipment and follow other protocols established for this situation. The contractor will coordinate the disposal of these wastes and syringes. .

7. The contractor will provide copies of any training records and licenses required by the City upon request.

Emergency/Urgent Services
On some occasions, the City may require an urgent/emergency clean that requires the contractor to respond within four (4) hours of receiving a notification. In your response, please indicate if you can respond within this timeframe and identify if there is any additional cost for such a response.

Found Property Protocol
Prior to establishing services, the City and Contractor will develop a mutually agreedupon process for any personal property found during the performance of services. This includes but is not limited to, tents, backpacks, medication, eyeglasses, books, jewelry, stoves, audio equipment, toiletries, personal records, handbags, personal photographs, duffel bags, bedrolls, blankets, watches, currency, and clean clothing.

Contractors with measures currently in place for collecting personal property should include details regarding their standard process in their response.

VI. Qualifications
The preferred contractor will have the following minimum qualifications:

1. The contractor must be regularly and continuously engaged in providing routine and on-call trash and abandoned waste cleanup and removal services for at least three (3) years.

2. The contractor must be a certified environmental services provider for the State of California. Proof must be submitted with your proposal response.

Docusign Envelope ID: 48D07B1C-97CD-4A8C-9706-91517D117D5D 11 3. Contractor shall be licensed/certified for hazardous material transportation license and be able to provide proof upon request. Proof must be submitted with proposal response.

4. Contractor must also possess all permits, licenses, and professional credentials necessary to supply products and perform services specified under this RFP.

Proposers must describe their experience and qualifications in their Proposals to confirm that the above minimum requirements have been met. This should preferably be detailed within Section C – Relevant Experience (See Section VIII – Proposal Content and Format) VII. Proposal Submittal
Responses to this solicitation must be submitted electronically:

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. Contractors planning to submit responses to this request are highly encouraged to submit all documentation before the deadline to avoid technical difficulties/errors.

VIII. Proposal Content and Format
Proposal Content
Contractors 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 the contractor's availability to dedicate time, personnel, and resources to this effort. The letter of interest must also include a commitment to the availability of the contractor and all key project staff during the planning period and a proposed schedule designed to meet the City's needs for the project.

B. Project Understanding and Approach - Please include a statement demonstrating your understanding of the proposed project. Describe your general approach to completing the project successfully, the methodologies and technologies you would employ, and the key milestones and processes you would use. Describe what information you would expect the City to supply.

C. Relevant Experience - Please include information describing your experience providing similar services for public agencies. Provide a minimum of three (3) specific examples of relevant experience. At a minimum, the contactor should give a list of the most recent projects (i.e., completed within the last five (5) years is preferred, but samples outside of this timeframe will be accepted if relevant) for Docusign Envelope ID: 48D07B1C-97CD-4A8C-9706-91517D117D5D 12 which the contractor has performed similar services of similar size, scope, and complexity.

Using Attachment A – References, please provide details regarding each reference. This should include the name, contact person, address, phone number, and e-mail address of each party for whom the service was provided, as well as a description of the service performed, the dollar amount of the contract, and the date of performance. The City may contact the individual listed at its discretion.

Resumes may also be included in this section for any key staff associated with project.

D. Proposed Statement of Work - Please provide a proposed Statement of Work, based on the Scope of Work contained in this RFP; and discuss any ideas for modifying, clarifying, or improving the City’s proposed scope of work. Provide a realistic working schedule with key deliverables, milestones, and tasks.

This section should also identify the number of staff that will be provided to address the City’s needs. In addition, the section may be used to propose any procedural or technical enhancements/innovations to the Scope of Work which do not materially deviate from the objectives or required content of this RFP.

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 selection process. If the vendor does not have any such conflicts, a statement declaring such should be included in their submission.

F. Cost Proposal – Cost proposal should include the following:

Total All-Inclusive Not-To-Exceed Maximum Price: The cost proposal should contain all pricing information relative to performing the scope of work as described in this request and identified in the Line-Item list (See “Line-Item” tab in PlanetBids) The total all-inclusive maximum not-to-exceed price is to contain all direct and indirect costs, including all out-of-pocket expenses. Provide a budget for each significant milestone for the entire scope of services. The proposed budget should be inclusive of all meetings, conference calls, site visits and deliverables. The budget should include a list of anticipated reimbursable expenses with rates charged for each.

Component Costs: Include separate schedules of all fees and expenses for each of the work tasks and deliverables described in this RFP. These schedules should include hourly rates and number of hours anticipated for each staff level; as well as out-of-pocket expenses such as travel and transportation, meals, communications, and duplication costs. The total of these separate schedules should have a direct relationship to the total all-inclusive maximum price.

Docusign Envelope ID: 48D07B1C-97CD-4A8C-9706-91517D117D5D 13 Rates for Additional Services: If it should become necessary for the City to request the successful vendor to render additional services to either supplement services requested in this RFP or to perform any additional work as a result of the specific recommendations included in any report issued resulting from this engagement, then such additional work shall be performed only if set forth in an addendum to the contract between the City and the Contractor. Any such additional work would be performed at the same rates submitted in the dollar cost bid unless otherwise noted in the proposal.

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 prior to 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 thirty (30) pages when printed on 8-½ by 11-inch paper. Font Times New Roman Font (preferred), 12pt font size. The thirty (30) 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, e-mail, 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. Detailed proposal following the order set forth in the "Proposal Content" 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. Experience of Firm and Project Personnel (40%)
 Experience, resources, and qualifications of the firm and assigned individuals to perform tasks identified in the scope of work.

Docusign Envelope ID: 48D07B1C-97CD-4A8C-9706-91517D117D5D 14 2. Staff and Project Organization Plan (30%)
 Assessment of how well the proposed solution will meet the needs of the City
 Adequacy of the proposed labor

3. References Checks (15%)
 Good reference checks from primary and/or secondary sources

4. Proposed fees for services (10%)
 Proposed fees are reasonable

5. Responsiveness to RFP (5%)
 Compliance with the required format
 Offered new/innovative services, suggestions
Interviews
If necessary, the City may require the top-rated proposers to participate in an interview process. The City will notify proposers selected for the interview via e-mail to schedule a date and time. As part of the interview process, proposers may be required to provide sample backgrounds reports to demonstrate work quality. For any sample report(s) submitted for the City's review, the report should identify a fictitious individual.

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, certain 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 e-mail within the specified time frame. Protests can be sent to:

Mail:

Lana Dich
City of Santa Fe Springs
Attn: Department of Finance
11710 Telegraph Road
Santa Fe Springs, CA 90670
Or
E-mail:
[email protected]
Docusign Envelope ID: 48D07B1C-97CD-4A8C-9706-91517D117D5D 15 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.

XI. Execution of Agreement
The resulting agreement (see attached sample Attachment B) shall be signed by the successful Contractor and returned within the required insurance within ten (10) business days after the City has provided written notice that the Contractor has been awarded.

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.

Should the successful Contractor decline to execute the agreement, the City can either reject all proposals, accept one of the other proposals, or issue a new solicitation.

Docusign Envelope ID: 48D07B1C-97CD-4A8C-9706-91517D117D5D 16 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):

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.

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 Docusign Envelope ID: 48D07B1C-97CD-4A8C-9706-91517D117D5D 17 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:

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:

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 Docusign Envelope ID: 48D07B1C-97CD-4A8C-9706-91517D117D5D 18 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.

XIII. Business License Requirement
Contractors that conduct business within city limits may be required to obtain 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.

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 Docusign Envelope ID: 48D07B1C-97CD-4A8C-9706-91517D117D5D 19 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 Contractor 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 Contractor 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 Contractor shall not allow any person(s) under the influence of alcohol or drugs on the premises or in the building. Neither shall the Contractor allow the use of or presence of alcohol or drugs on the premises or work sites.

C. Non-Discrimination: The Contractor shall not engage in discrimination in the employment of persons because of race, color, national origin, ancestry, mental/physical disabilities, sex, or religion of such persons.

Docusign Envelope ID: 48D07B1C-97CD-4A8C-9706-91517D117D5D 20 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 work 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 Contractor will only hire individuals who are of legal age to work.

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

XVIII. Use of Subcontractors
The Contractor shall be responsible for all work performed under the final agreement and shall 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 on this work under the direct supervision of the Contractor and shall be considered as 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 Contractor. These changes will be processed by the City Manager.

XX. Disclosure of Information
A. The Contractor 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 Contractor shall be used exclusively in connection with the performance of services.

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

XXI. Ex-Parte Communications
Contractors and their representatives should not engage in unauthorized communications with elected officials, officers, employees, or agents of the City about this RFP. This Docusign Envelope ID: 48D07B1C-97CD-4A8C-9706-91517D117D5D 21 requirement also 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 contractors 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 Contractor, in the sole judgment of the City, lacks the qualifications, experience, and/or responsibility necessary to provide the services.

3. The Contractor 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 – References
Attachment B – Sample PSA
Docusign Envelope ID: 48D07B1C-97CD-4A8C-9706-91517D117D5D RFP 25-1
As-Needed Encampment Abatement and General Clean-Up Services ATTACHMENT A – 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: 48D07B1C-97CD-4A8C-9706-91517D117D5D REV052024 Page 1 of 16 [Consultant Name]

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:

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: 48D07B1C-97CD-4A8C-9706-91517D117D5D REV052024 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: 48D07B1C-97CD-4A8C-9706-91517D117D5D REV052024 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: 48D07B1C-97CD-4A8C-9706-91517D117D5D REV052024 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: 48D07B1C-97CD-4A8C-9706-91517D117D5D REV052024 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: 48D07B1C-97CD-4A8C-9706-91517D117D5D REV052024 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: 48D07B1C-97CD-4A8C-9706-91517D117D5D REV052024 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: 48D07B1C-97CD-4A8C-9706-91517D117D5D REV052024 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: 48D07B1C-97CD-4A8C-9706-91517D117D5D REV052024 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: 48D07B1C-97CD-4A8C-9706-91517D117D5D REV052024 Page 10 of 16 [Consultant Name]
____________________________ ____________________________ Name: ______________________
Title: _______________________
Date: ______________________ Date: _______________________ ATTEST: CONSULTANT
_____________________________ ____________________________ Fernando Muñoz, Deputy 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: 48D07B1C-97CD-4A8C-9706-91517D117D5D

EXHIBIT A
CITY’S REQUEST FOR PROPOSALS
Docusign Envelope ID: 48D07B1C-97CD-4A8C-9706-91517D117D5D

EXHIBIT B
CONSULTANT’S PROPOSAL
Docusign Envelope ID: 48D07B1C-97CD-4A8C-9706-91517D117D5D

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: 48D07B1C-97CD-4A8C-9706-91517D117D5D [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: 48D07B1C-97CD-4A8C-9706-91517D117D5D 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: 48D07B1C-97CD-4A8C-9706-91517D117D5D 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: 48D07B1C-97CD-4A8C-9706-91517D117D5D Notice Inviting Proposals
City of Santa Fe Springs
Request for Proposals No. 25 - 1
As-Needed Encampment Abatement and General Clean-Up Services The City of Santa Fe Springs invites proposals from qualified contractors to provide encampment abatement and general clean-up services as needed, in accordance with the terms and conditions of Request for Proposals (RFP) No. 25-1.

To view the complete proposal package and associated documents, visit https://pbsystem.planetbids.com/portal/65093/portal-home and click “Bid Opportunities” or https://vendors.planetbids.com/portal/65093/bo/bo-detail/119455 to access the project directly. You can also visit the City's website and find the link mentioned above on the "Bids & Proposals" webpage.

Questions/inquiries regarding this opportunity must be submitted via the PlanetBids Portal by Wednesday, August 14, 2024, at 2:00 pm PDT. The City will not respond to any questions/inquiries submitted after this deadline.

Please review all related documents in their entirety before submitting a response.

Responses must be submitted electronically via the City’s PlanetBids Portal by Thursday, August 29, 2024, at 2:00 pm PDT. Any proposals received after this deadline will be deemed non-responsive, and the City reserves the right to reject them.

Responses to this request will be evaluated to determine the most qualified and responsive contractors. Responses must adhere to the format and content described.

Docusign Envelope ID: 48D07B1C-97CD-4A8C-9706-91517D117D5D

EXHIBIT B
CONSULTANT’S PROPOSAL
Docusign Envelope ID: 48D07B1C-97CD-4A8C-9706-91517D117D5D

MAYFIELD ENVIRONMENTAL ENGINEERING

PROPOSAL FOR AS-NEEDED ENCAMPMENT ABATEMENT AND
GENERAL CLEAN-UP SERVICES (No.25-1) (7/26/2024)
General Engineering “A“-HAZ-C27, CDPH-Biohazard/Trauma Waste 6093 Avenida de Castillo, Long Beach, CA 90803
Disadvantaged/Minority/Tribal/Federal/Small Business-Public Works (DBE/MBE/SB-PW/SAM/8A/GSA/SBA)
Contact: James Mayfield, President/CEO/Chief Engineer
[email protected]
http://mayfieldenv.com
(310) 880-9647
1 Docusign Envelope ID: 48D07B1C-97CD-4A8C-9706-91517D117D5D

TABLE OF CONTENTS
A. Letter of Interest 3
B. Project Understanding and Approach 4
C. Relevant Experience 6
C-1. Attachment A - References 8
D. Proposed Statement of Work 9
E. Conflict of Interest Statement 12
F. Cost Proposal 13
F-1. Total Not-to-Exceed Maximum Price 13
F-2. Component Costs 15
F-3. Rates for Additional Service 17
2 Docusign Envelope ID: 48D07B1C-97CD-4A8C-9706-91517D117D5D

MAYFIELD ENVIRONMENTAL ENGINEERING
(GENERAL “A”-HAZ-C27-ASB LICENSE #833333)
6093 Avenida de Castillo, Long Beach, CA 90803
July 26, 2024
A. LETTER OF INTEREST FOR AS-NEEDED ENCAMPMENT ABATEMENT AND GENERAL CLEAN-UP SERVICES (No.25-1)
Mayfield Environmental Engineering, a Southern California General Engineering "A" and Hazardous Substances Removal corporation, is proud to submit the following proposal for encampment abatement services for the City of Santa Fe Springs. The Mayfield family has already been contracted with Santa Fe Springs since the 1980s for vacant lot management and site cleanups through Asst. City Manager Wayne Morrell, and thereafter for homeless encampment cleanups through inspectors Kristen Haining and Luis Collazo.

For this reason, we are both ready and prepared to serve the city for any support needed for city-wide encampment support. This includes using our licensing and resources for any HAZMAT, biohazard, trauma waste/crime scene, needles/narcotics/drug labs, corpse/decomposition, tire recycling, metal scrapping, and other issues we encounter both quickly and affordably. Given our long relationship, we offer the city our highest priority to deploy HAZWOPER-certified staff, engineers, respirator-ready HAZMAT technicians, confined space workers, trucks and 40-yd bins, and tractor equipment within as little as 48 hours or on-call for emergency cleanups. The president, chief engineer, and dedicated team will always be directly involved in the project and on-call.

We are 100% Minority-owned (MBE), Disadvantaged (DBE), Small Business-Public Works (SB-PW), Federal (8A/GSA), licensed for Biohazard/Trauma Waste through the CA Department of Public Health, and for HAZMAT transportation through DOT/DTSC. Using 3 Docusign Envelope ID: 48D07B1C-97CD-4A8C-9706-91517D117D5D these resources and our 20+ years of homeless cleanups throughout Southern California, we are anxious to serve the City of Santa Fe Springs and are honored by your consideration.

Please see our outline of understanding and cost proposals below.

James Mayfield
CEO, QSD, QSP, QISP, CPESC, CISEC, ASB-Cert, “A”-HAZ-C27 Licenses, Biohazard/Trauma Waste Practitioner, MoldRP, RadonMP
310-880-9647
[email protected]
B. PROJECT UNDERSTANDING AND APPROACH
We understand that Santa Fe Springs expects rapid and flexible deployment of resources on short notice to deal with homeless encampments both large and small. We know this includes both 4-hour projects as well as multi-day projects, usually with a 48-hour deployment response. We know that this may involve anything from tearing down makeshift structures to handling HAZMAT, hauling bulk material on truckbeds or in 40-yard bins to approved landfills. We are well prepared for this since the Mayfield family has tackled encampments of all sizes with all kinds of HAZMAT, biohazard, and deadly narcotics/needles for decades – including under contract with Santa Fe Springs. We also understand that SFS may call for emergency work and expect immediate deployment. We are prepared for this as we have been on emergency call 24/7 for the City of Signal Hill for homeless, graffiti, fire, and illegal dumping response for over a decade. We also do year-round emergency HAZMAT deployments for our contaminated Superfund sites with the documented chains of custody, manifests, and photographed reports that Santa Fe Springs expects before and after each work order for this bid.
4 Docusign Envelope ID: 48D07B1C-97CD-4A8C-9706-91517D117D5D In terms of our work process, we know that SF Springs expects a very strict procedure from start to finish for each work order. We know this very well from our previous contracted work we've done with SFS code enforcement. We understand that SFS will demarcate encampments with 48-72 notices and call us to mobilize. For projects longer than 4 hours, we are expected to tour the site and give a cost projection before work begins. We will take “before and after” photos for the city and call the police to remove all homeless individuals before any work begins. We know that this often involves waiting on stand-by while the police allow homeless individuals to carry away their belongings. As discussed in the bid specs, obvious valuables that we find will be presented to code enforcement in case homeless may return to claim them.

Thereafter, our supervising HAZMAT foreman will survey the area for safety hazards, including flammables, explosives, meth labs, biohazard, needles/sharps, and hidden persons.

He will coordinate proper equipment and safety protocols for the job and coordinate the vehicles and bins needed to haul the material. Then, HAZWOPER-certified and biohazardtrained staff will don proper safety gear ranging from chemical gloves for fentanyl residue to leather gloves for needles, to tyvek suits and respirators for meth vapors or biohazard. Fire extinguishers are always ready along with needle-proof biohazard containers.

Then, we break down the makeshift structures, bag up the tents and debris using shovels, skid steers/Bobcats or tractor-loaders onto either box trucks, flat-beds, or 40-yd rolloff bins. Hazardous materials such as propane tanks and gas cans are segregated for proper disposal via lab packing, drum consolidation, or direct hauling to a licensed TSDF (Hazmat landfill) under one of our engineers' authority. Biohazards and needles are segregated into DOT-safe containers and transported with our Trauma Waste/Biohazard licensing to a CDPHapproved medical waste facility. We provide a full chain of custody and manifest to SF Springs for any shipments. Finally, “after” photos are taken when the encampment is cleared, code enforcement and the police are notified, and we quickly demobilize. 5 Docusign Envelope ID: 48D07B1C-97CD-4A8C-9706-91517D117D5D This work approach has worked for decades on encampments we've cleared, whether they had 15,000lbs of trash (see our recent Bloomington job below) or 300 uncapped needles (see our SF Springs Park job below). We are prepared to get the job done according to the process SF Springs expects for each work order.

All we need from the city is photos, a free site tour with us, and police to escort homeless individuals before work can begin.

C. RELEVANT EXPERIENCE
We are MBE/DBE/SB-Public Works General Contractors who have helped manage most of SoCal's worst hazardous waste environments (Superfunds) since 2021 and since 1985 as Mayfield Enterprises. This includes comprehensive HAZMAT work ranging from radioactive material to homeless encampments to crime scene/murder cleanups. Because we are 100% minority-owned (Native American) and are licensed Public Works, Caltrans, and Federal contractors, we have expanded hugely to help California cities tackle the homeless crisis. This includes contracts with Signal Hill, Cerritos, Carson, SF Springs, and more.

The Mayfield family has been contracted with Santa Fe Springs for vacant lot management at Norwalk/Telegraph, Lakeland/Laurel, Millergrove, and more since the 1980s with former Asst. City Manager Wayne Morrell. This includes regular illegal dumping and debris cleanups, homelessness, HAZMAT, and fire restoration. 1) Public works projects: In 2023, we cleaned up a massive encampment at Santa Fe Springs Park for code enforcement that included flammable HAZMAT, over 300 uncapped needles, deadly fentanyl residue, and fentanyl vapors that required full tyvek suits and respirators to clean up...all while homeless fires still smoldering in the background. 6 Docusign Envelope ID: 48D07B1C-97CD-4A8C-9706-91517D117D5D 2) In 2023-4, we repeatedly cleaned up massive encampments on Mersin St/Pioneer for SF Springs code enforcement that included over 10,000lbs of trash, including vehicles, motors, 100s of uncapped needles, narcotics, and over 25 buckets full of liquid feces. This required full tyvek suits and respirators to properly decontaminate before we removed the entire encampment in several 40-yd bins with tractors and trucks to proper landfills and medical waste facilities.
3) We have been on-call from the City of Signal Hill for 24/7 homeless responses at 2020 Walnut and 3201 Walnut since 2021. This has included anything from clearing out abandoned RVs with small meth labs inside, to clearing out homeless encampments with up to 12 people and 100s of uncapped needles and fentanyl residue, to huge debris cleanups and tree removal following wildfires caused by homeless campfires, to cleaning up 1000s of lbs of contaminated soil that a homeless woman carried from inside our jobsite and dumped right into the street to block traffic. We had to deploy in the middle of the night to return the illegally dumped material to environmental compliance and out of the public road. We have close experience with diffusing violence and mental illness that often follows homeless encampments as we have been attacked and almost stabbed on several jobs. We are well prepared to handle this for SF Springs.
4) We have also done private homeless encampment cleanups for decades all across SoCal.

Most prominently, we cleared out a hoarded crack-house at 10426 Locust in Bloomington that required us to decontaminate a full fentanyl setup, over 500 needles, over 25,000 lbs of trash and 300 tires using our tire recycling license (CalRecycle), and finally demolish the house after abating it of mold, asbestos, and lead. During our work, the homeless attacked our men on two separate occasions while we were in full respirators and tyvek. This makes us well prepared to adjust to any difficult situation needed for Santa Fe Springs. 5) Although crime scene/death cleanup is not in the bid, this is a common problem in homeless encampment work that few of our competitors are licensed to handle. We are 7 Docusign Envelope ID: 48D07B1C-97CD-4A8C-9706-91517D117D5D Trauma Waste/Biohazard Practitioners through California Dept of Public Health. We have cleaned up numerous murders and decompositions for years, including a famous triplemurder-suicide in Santa Ana in 2024 involving a spear. This makes us well trained to handle possible corpses, blood, or bodily fluid from ODs that are often found in encampments.

Licenses: we have more comprehensive licensing than any other Hazmat contractor in California that let us command any encampment of any size from start to finish for SF Springs:
 Registered Minority-Owned Business (MBE) #22000279.
 Registered Disadvantaged Business (DBE) #51331.
 CA Small Business (SB) & “SB for Public Works” (SB-PW) Certified, #2031938.  California Public Works License # PW-LR-1000882471 (includes Certified Payroll).  Registered Federal & Tribal Vendor (SAM) for Interstate Projects (UEI#C6GTE7N8SK53; CAGEID# 9Q857).
 General Engineering "A" License #833333, State of California/CSLB.  Hazardous Substance Removal License, attached to “A” License #833333.  ASB/Asbestos Certification, attached to “A” License #833333.  C-27 License (Tree Trimming, Landscape Architecture, Arborist), #833333, CSLB.  QSD (Qualified SWPPP Developer) #28219, State of California/CASQA.  QSP (Qualified SWPPP Practitioner) #28070, State of California/CASQA.  QISP (Industrial SWPPP Practitioner) #01304, State of California/CASQA.  Trauma Waste/Crime Scene Cleanup Certified, #835, CA Dept of Public Health.  Radon Measurement Professional (NORM/Naturally-Occurring Radioactive Material), #114310-RMP, NRPP-AARST and California Dept of Public Health.  WPCPM (CALTRANS- Water Pollution Control Program Manager), State of California/CASQA through Hatch Consultants, LLC.
 CPESC (Professional in Sediment and Erosion Control), #00011558, EnviroCert.  CISEC (Certified Inspector of Sediment and Erosion Control, #3324), CISEC, Inc.  California DTSC/EPA HAZMAT Transporter Registration #7097, EPA #CAL000482049.
 Certified Mold Remediator (CMR), Professional Mold Inspection Institute, #CMR0000047608.
 Certified Waste Tire/Used Tire Recycler, CalRecycle, State of California.  All Specialist Laborers 40-Hour Cal/OSHA HAZWOPER Certified.

C-1: ATTACHMENT A- REFERENCES
See below attached document.
8 Docusign Envelope ID: 48D07B1C-97CD-4A8C-9706-91517D117D5D 9 Docusign Envelope ID: 48D07B1C-97CD-4A8C-9706-91517D117D5D D. PROPOSED STATEMENT OF WORK
Santa Fe Springs expects us to follow a clear procedure for each new work order and to follow regular timetables ranging from 48-hour notice to emergency work on-call. This includes 4-hour cleanups and multi-day projects. Just as we have already done for many years under contract with SF Springs, we are prepared to offer the city our highest priority in personnel deployment and attentiveness. Owner/president James Mayfield will be personally on-call and directly involved in the cleanups along with dedicated HAZMAT foremen who will be selected based upon their experience with SF Springs jobs we've cleaned up in the past. This means our men know how the city wants the job done. Depending on the size of the encampments, our experience shows us that 3-8 men may be necessary and tractors are rarely needed. 40-Yard Bins are the key. All our staff are HAZWOPER-certified, biohazard trained, and OSHA/Pathogen-trained for West Nile, Histoplasmosis, and Hantavirus (as the bid requires). We can clear most small encampments, makeshift structures, and illegal dumping with manpower, hand tools, and pickup trucks with a few trips to the local landfill. Larger encampments and concrete or scrap dumping require our Bobcats/skid steers with grapple buckets, box trucks, and/or 40-yard roll-off bins to get the job done. This work plan has solved both small and multi-day cleanups for SF Springs for years. Just 5 men, one Skid Steers, and several 40-yd roll-off bins have succeeded in our SFS jobs (ex: Mersin St) to clear out up to 15 people and 10,000 lbs of trash, feces, and drugs.

STANDARD TASK ORDER/DELIVERABLES/MILESTONES:

Each new work order would follow a general set of tasks like follows:
 SFS will take photos, demarcate signs for 48-72 hours for eviction, and call us to mobilize. For larger jobs, Mayfield will tour the site (for FREE) for a cost estimate.  Mayfield will deploy men and equipment. SFS will clear out homeless before any work can begin. Vehicles will be towed by city. Foreman will ensure site is cordoned10 Docusign Envelope ID: 48D07B1C-97CD-4A8C-9706-91517D117D5D off using safety cones and tape. If we encounter valuable belongings, we notify the police. Photos are taken before work begins.
 Foreman will inspect encampment carefully for HAZMAT, biohazards, and safety issues. Foreman will ensure team wears necessary PPE at all times. At minimum, leather gloves, safety vests, long pants, and N95 masks as needed. For biohazard and fentanyl residue, tyvek suits, chemical gloves, and full-face respirators with P-100 filters are required. Narcan and Naloxone available on site; sharps containers available for needles.
 If needed, Foreman will coordinate Skid Steer tractors and stage 40-yd bins next to work area.
 Under strict HAZWOPER supervision, team will break down all structures and tents, bag all trash and debris, and segregate all HAZMAT for separate disposal. Biohazards will be segregated into double-wrapped Biohazard bags.
 Debris will be thrown into Skid Steer bucket and dumped into 40-yd bins.  HAZMAT and BIOHAZARD bags will be stabilized in drums, sharps containers, or lab packs and prepped on our DOT trucks.
 Foreman will take “after” photos for city. Foreman will demobilize equipment and 40- yd bins. Manifests from trash landfills will be delivered to city.  HAZMAT will be transported to licensed TSDF with proper manifest/Chain of Custody for city. Biohazards will be transported to licensed MedWaste facility.  Report, photos, and manifests sent to city to end work order.

USE OF SUBCONTRACTORS (Section XVIII – Use of Subcontractors):

We do not intended to use subcontractors. However, if mobilization of additional resources is necessary, we intend to use partners such as Adams Services, River Roll-Off, and BeckCo Inc. Regardless, rates and costs per item will not change. 11 Docusign Envelope ID: 48D07B1C-97CD-4A8C-9706-91517D117D5D PROPOSED CLARIFICATIONS/REVISIONS TO CITY WORK ORDER: it is often very difficult to predict how large or dangerous homeless encampments in Santa Fe Springs can become on a day-to-day basis. This makes it very difficult to accurately calculate how much trash must be removed and therefore how many 40-yd bins are required to dispose of an encampment. This makes it difficult to fully predict costs or man-hours ahead of time. We address this by being fully transparent with regular photos and updates to the police/code enforcement as the situation unfolds. We provide all receipts. We ask for clarification and flexibility to account for these unforeseeables that are typical of homeless encampments.

This also makes it difficult to classify homeless cleanups as “lump sum”. How much illegally-dumped concrete must be exported for each job per year? How many tires? How many camps per year? How many needles or feces buckets? It is also hard to predict how dangerous homeless persons can be. As we are not allowed to work until cleared by SFS police, we know first-hand that homeless people can refuse to leave for several hours while our laborers are on-stand by and therefore on company payroll. We ask for clarification on how SFS accommodates this issue knowing that it is beyond our control for each work order.

It is also difficult to predict what HAZMAT might be hidden in encampments.

Flammables, drug labs, biohazards, and crime scenes – by law – require changes in PPE, respirators, extra precautions/time, transportation costs, additional transport equipment, and proper DOT-licensed drivers. All of these unforeseeables require additional cost and can significantly impact the pace of work in order to protect workers' safety. We ask for clarification and flexibility from SFS on how to address this expeditiously. 12 Docusign Envelope ID: 48D07B1C-97CD-4A8C-9706-91517D117D5D E. CONFLICT OF INTEREST STATEMENT
The Mayfield family has no personal, familial, business, or financial relationship with anyone in the city or anyone involved in the awarding process that might interfere in fair selection.

F. COST PROPOSAL
F-1. TOTAL ALL-INCLUSIVE NOT-TO-EXCEED MAXIMUM PRICE
It is impossible to accurately predict all the conditions of a homeless encampment siteunseen before it happens, as we do not know the quantity of HAZMAT, tires, biohazard, and tons of trash (and therefore disposal costs).

However, the bid specs predict “small clean-ups (services that can be completed in less than four (4) hours) will occur one (1) to two (2) times monthly. Large/multi-day clean-ups may occur up to four (4) to six (6) times annually.“
Therefore, the costs below corresponding to Section F-2 (Component Costs) are examples of what a standard homeless encampment work order might cost for 4-hour cleanups (budgeted x2 times monthly ~ x24 yearly), and multi-day cleanups (budgeted x6 times yearly).

Please note, all our costs include Prevailing Wage and **rates will not change each year within this contract period**.

Example of Cost of 4-hour Cleanup (x2 times monthly, x24 times per year):

Hazmat/Non-Hazmat Foreman/Supervisor (as a laborer): $77.50 x 4 = $310 Hazmat/Non-Hazmat Laborer: $67.50 x 4 = $270
Hazmat/Non-Hazmat Laborer: $67.50 x 4 = $270
13 Docusign Envelope ID: 48D07B1C-97CD-4A8C-9706-91517D117D5D Hazmat/Non-Hazmat Laborer: $67.50 x 4 = $270
DOT Box Truck/Flatbed: $150 (flat rate)
Dump Fees: Receipts + 15% Markup (average example: $100/truckload + 15% = $115) (Site tours, meals, travel, Hazmat gear, respirators, pickup trucks, meetings included) ___________________________________________
$1,385 (x24 times per year = $33,240)
Example of Cost of TWO-day Tractor Cleanup (x6 times per year):

Hazmat/Non-Hazmat Foreman/Supervisor (as a laborer): $77.50 x 16 hrs = $1,240 Hazmat/Non-Hazmat Laborer: $67.50 x 16 = $1080
Hazmat/Non-Hazmat Laborer: $67.50 x 16 = $1080
Hazmat/Non-Hazmat Laborer: $67.50 x 16 = $1080
Operator: $80 x 16 = $1,280
Bobcat Tractor w/ Grapple Bucket: $650
Small Tractor Mobilization/Demobilization: $600
40-Yard Roll Off-Bins: $950 x 6 bins = $5,700 (includes weight/dump fees up to 5 tons each) Tire Disposal Example: 30 rimmed tires in separate 40-Yard Bin @$950 + tire recycling dump fees (@$3.50/tire) + 15% Markup = $1,070.75
Biohazard Disposal Fee: example – 1 container up to 65 lbs@$50 + $95 gate fee + 15% Markup) = $166.75
(Site tours, meals, travel, Hazmat gear, respirators, pickup trucks, meetings included) ___________________________________________
$13,947.50 x 6 per year = $83,685
14 Docusign Envelope ID: 48D07B1C-97CD-4A8C-9706-91517D117D5D → Therefore, a Total All-Inclusive Not-To-Exceed Maximum Price could be $116,925. The actual cost MAY BE LOWER.

ASSUMPTIONS:
 Total All-Inclusive Not-to-Exceed Maximum assumes frequency of cleanup work orders expected in bid specs (4-hour small cleanups 2 times per year, large multi-day cleanups 6 times per year)
 assumes no additional disposal costs for HAZMAT, tires, biohazards – receipts and dump slips provided to city at end of every work order for transparency
F-2. COMPONENT COSTS

1. Site Clean-up Mobilization/Demobilization Trip Fee:
-FREE ($0) for men, pickup trucks w/ trash beds, tools, HAZMAT gear and respirators) -$600 for small tractors (no additional cost for men, pickups w/ trash beds, tools, HAZMAT gear and respirators)
-$800 for large tractors (no additional cost for men, pickups w/ trash beds, tools, HAZMAT gear and respirator)

2. Non-Hazardous Waste Technician Labor Rate (Per Hour/Per Person): $67.50

3. Hazardous Waste Technician Labor Rate (Per Hour/Per Person): $67.50

4. Site Supervisor (Foreman Rate) (Per Hour/Per Person): $77.50 (NOTE: Supervisor is the Foreman and does LABOR. NO CHARGE for additional administrators or engineers to stand around or show up for meetings/calls.) 15 Docusign Envelope ID: 48D07B1C-97CD-4A8C-9706-91517D117D5D

5. Urgent/Emergency Site Clean-up Mobilization/Demobilization Trip Fee:
-FREE ($0) for men, pickup trucks w/ trash beds, tools, HAZMAT gear and respirators) -$1000 for small tractors (no additional cost for men, pickups w/ trash beds, tools, HAZMAT gear and respirators)
-$1000 for large tractors (no additional cost for men, pickups w/ trash beds, tools, HAZMAT gear and respirator)

6. Urgent/Emergency Non-Hazardous Waste Technician Labor Rate (Per Hour/Per Person):
$101.25

7. Urgent/Emergency Hazardous Waste Technician Labor Rate (Per Hour/Per Person):
$101.25

8. Urgent/Emergency Site Supervisor (Foreman Rate)(Per Hour/Per Person): $116.25 (NOTE: Supervisor is the Foreman and does LABOR. NO CHARGE for additional administrators or engineers to stand around or show up for meetings/calls.)

9. Equipment Operator (Per Hour, Per Person): $80

10. Bobcat: $650 (flat rate per day)

11. Flatbed (Large Box Truck): $150 (flat rate per day)

12. Backhoe: $750 (flat rate per day)

13. General Garbage/Debris/Furniture Collection/Disposal: for small dumps at landfill: only Dump Fees + 15% Markup; for large dumps: example: 40-yd roll-off bin is $950 INCLUDING DUMP up to 5 tons; no markup or dump costs)

14. Heavy Metals Collection/Disposal: $950 flat rate for 40-yd bin INCLUDING DUMP up to 5 tons)

15. Tire Disposal: Dump Receipts + 15% Markup (dump averages $3 small tires w/o rims, $3.50 w/ rims; truck tires $8 w/o rims; $15 w/ rims)

16. Biohazard Material Disposal (Per 55 Gallon Container): Facility Costs + 15% Markup ($95 gate fee, $50 per container up to 44g and 65 lbs in weight + 15% Markup) 16 Docusign Envelope ID: 48D07B1C-97CD-4A8C-9706-91517D117D5D

17. Biohazard Sharps, Medical Waste (Per 5 Lbs): Facility Costs + 15% Markup ($95 gate fee, $50 per container up to 44g and 65 lbs in weight + 15% Markup)

18. 10-Yard Roll-Off Dumpster: $800 (concrete, dirt)

19. 20-Yard Roll-Off Dumpster: $850 (INCLUDES DUMP up to 5 tons)

20. 40-Yard Roll-Off Dumpster: $950 (INCLUDES DUMP up to 5 tons)

21. Dump Fees (incl tires, trash, green waste): Receipts + 15% Markup

22. Meetings/Site Tours/Conference Calls: $0 / FREE

23. Travel/Accommodations: $0 / FREE

24. Meals: $0 / FREE
F-3. RATES FOR ADDITIONAL SERVICE
Mayfield understands the bid spec verbiage that additional service and follow-ups related to these work orders would be processed at the same rates as specified above unless otherwise noted in the proposal or arrangement with the city. We accept this arrangement.

Please note, all our costs include Prevailing Wage and **rates will not change each year within this contract period**.
17 Docusign Envelope ID: 48D07B1C-97CD-4A8C-9706-91517D117D5D Docusign Envelope ID: 48D07B1C-97CD-4A8C-9706-91517D117D5D City of Santa Fe Springs
As-Needed Encampment Abatement and General Clean-Up Services (RFP 25-1), bidding on 08/29/2024 2:00 PM (PDT)

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Santa Fe Springs City CouncilNovember 12, 2024

Santa Fe Springs City Council
November 12, 2024