ITEM STATUS:
APPROVED: ☐
DENIED: ☐
TABLED: ☐
DIRECTION GIVEN: ☐
Louisiana State University. Its namesake is after his Labrador retriever who frequented the original restaurant construction site. Raising Cane’s restaurant has since grown to hundreds of locations nationwide specializing in chicken fingers and sandwiches, along with sides of coleslaw, Texas toast, crispy, crinkle-cut fries and Cane’s sauce.
ANALYSIS
With an approximate art requirement of $16,000.00 Raising Cane’s representatives estimate the cost of this artwork project to be $28,200.00. In addition, although not part of the HAPP requirement, the interior of the restaurant will include historic highlights of the Santa Fe Springs community. The maintenance of the artwork is the responsibility of the property owner.
The submitted application of the 3D Illuminated lettering not only brings color and vibrancy to the neighborhood, it provides a grand entry point to the south portion of the City with a character of modern culture supporting the mission of the HAPP Program.
ENVIRONMENTAL
NA
DISCUSSION
NA
SUMMARY/NEXT STEPS
Upon City Council approval, City staff will coordinate with the property owner for the artwork installation.
ATTACHMENT(S):
A. HAPP Application Raising Canes Restaurant Company
B. Raising Cane’s Concept Plan & Elevations
1 Developer Guide
City of santa fe springs
Heritage Artwork in Public Places
II. DEVELOPER GUIDE
SECTION I: VISION AND GOALS
Santa Fe Springs is a family-oriented community that is proud of its history, heritage, and spirit of collaboration among residents, businesses and City officials. The community is recognized for its commitment to youth and dedication to quality of life. People who move to Santa Fe Springs stay – there is less than 2% turnover in population compared to the 7% national average.*1 Santa Fe Springs has a strong record of support for public art. On August 10, 1989, the Santa Fe Springs City Council adopted Ordinance No. 755, which created the Heritage Artwork in Public Places Program (HAPP). The purposes are:
To provide a collection of nationally recognized permanent and temporary artwork throughout the city to be of public benefit.
To expand the opportunities for residents and visitors to experience artistic, historic, and cultural aspects of Santa Fe Springs through the placement of artwork in public places that may feature, but is not limited to, the historic periods of Native American, Spanish Mexican, Turn-of-the-Century Ranching, and Industrial/Modern.
To generate funding to support a range of artistic and cultural activities and venues, including, but not limited to, children-oriented public art events, live theatre, music and dance festivals, museum activities, arts education, and facilities that support the creation, performance, and exhibition of art.
SECTION II: OVERVIEW
This Developer Guide serves as a comprehensive step-by step outline of definitions, options, submittal requirements, and approvals needed for meeting requirements of the City of Santa Fe Springs Heritage Artwork in Public Places (HAPP) Ordinance.
*
1 As of 2010.
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A. WHAT PROJECTS ARE SUBJECT TO THE HERITAGE ART- WORK IN PUBLIC PLACES (HAPP) ORDINANCE?
1. New Residential, Commercial, and Industrial Development Projects. All new residential, commercial, and industrial development projects valued at $300,000 or more.
2. Tenant Improvements, Remodels and Building Additions. Projects that involve remodeling or expansion of existing developments valued at $300,000 or more.
B. WHAT PROJECTS ARE EXEMPT FROM THE HAPP ORDINANCE?
1. Reconstruction of structures that have been damaged by fire, flood, wind, earthquake or other calamity.
2. Facilities dedicated to exclusive use by a formally constituted non-profit organization providing religious or cultural activities (i.e. museums, theatres, and performing arts centers) available to a broad public.
C. WHAT IS THE REQUIRED HAPP ALLOCATION?
One percent (1%) of the total building permit valuation, excluding the value of the land.
D. HOW IS THE TOTAL BUILDING VALUATION CALCULATED?
1. The total building valuation is computed using the latest Building Valuation Data as set forth by the International Conference Building Officials (ICBO). The value of the land is excluded from this calculation.
2. The one percent (1%) for art is calculated by the Department of Planning and verified by the Director of the Department of Community Services or designee.
E. WHERE SHOULD THE ARTWORK BE LOCATED?
Location of the artwork must be in an area on public or private property that is open and accessible to the general public a minimum of five days a week during normal business hours. Unobstructed and unrestricted access to the artwork without security check-in or clearance, invitation, or the perception that appropriate business must be conducted at the site is also required.
SECTION III: DEVELOPER OPTIONS
When plans are submitted to the Department of Planning for review, the Director of Planning or designee will inform the developer of the HAPP Ordinance and its goals. Once the developer has received approval for a 3 Developer Guide
development, the developer is expected to make an appointment with the Director of the Department of Community Services or designee to receive further details about the HAPP Program.
Throughout negotiations, Community Services Administration staff will work with the developer to fully evaluate the available options and will apply the HAAP Ordinance in a flexible manner to achieve a high quality meaningful project. The developer has two options for meeting the required percent for art obligation.
A. HOW TO SATISFY THE HAPP REQUIREMENT
Spend one percent (1%) of the total building valuation for one of the following options:
OR
OR
B. WHAT ARE THE KEY FEATURES OF AN ART PLAN AND FINAL REPORT FOR ON-SITE AND ALTERNATE-SITE ART?
The Conceptual Art Plan and Final Report for on-site art are submitted to the Director of the Department of Community Services or designee at the schematic and final design stages, respectively. The Conceptual Art Plan provides details on the artist selection process, artist qualifications, artwork ideas, design elements and discusses how the artwork is in a publicly accessible location and how it impacts the development project.
The Final Report is a comprehensive record of the artwork and must be submitted to and reviewed by the HAAC prior to issuance of building permits by the City.
On-Site Artwork
Incorporate artwork in a public place on or in the vicinity of the project site by following the procedures described under Art Plan Requirements.
Alternate-Site Artwork
Acquire and install artwork in a public place not on the project site by following the procedures described under Art Plan Requirements.
Contribute to the Heritage Artwork in Public Places Fund Contribute an in-lieu fee equal to 100% of the HAPP requirement or any remaining obligation. Requirements.
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C. WHO REVIEWS THE CONCEPTUAL ART PLAN AND FINAL REPORT? Conceptual Art Plans are reviewed by the Director of the Department of Community Services or designee and the Heritage Arts Advisory Committee (HAAC). Within 30 days after approving the Conceptual Art Plan, the HAAC will submit it to the City Council for final approval. The City Council may approve, approve in part, conditionally approve, or deny the application. The City Council meets on the second and fourth Thursdays of each month.
D. WHAT IF THE ART BUDGET IS SMALL?
When the 1% HAPP allocation for a project equates to an amount less than $30,000, the developer is encouraged to pay the full in-lieu contribution to the HAPP Fund since it is difficult to fabricate notable public art at a lesser value.
E. WHY CONTRIBUTE TO THE HAPP FUND?
The HAPP Fund is used for generational/intergenerational art education programs and events, for the purchase, commission, and installation of public artwork to enchance the civic spaces, and to create studio, rehearsal, exhibition, and office space4 for artists and non-profit arts organizations.
Funds are also used for maintenance and conservation of public artwork.
SECTION IV: STEPS AND SUBMITTALS
STEP 1 Project Screening
Upon submittal of plans to the Department of Planning Department, the Director of Planning or designee will determine whether a development project is subject to the requirements of the HAPP Ordinance. The Director of Planning or designee may require the submission of additional information regarding project valuation to assist in making this determination.
STEP 2 Review and Understand Policy, Requirements, and Options All developers will be informed of the HAPP obligation at the outset of discussions for development projects with the City of Santa Fe Springs and upon submittal of construction drawings to the Building Division.
Developers also will be given copies of the HAPP Ordinance and this Developer Guide. Developers should meet with Department of Planning staff or designated Department of Community Services Administration Art Plan for On-Site or Alternative-Site Art – STEPS 1 through 11 HAPP Fund Payment - STEPS 1 through 4 8
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staff to discuss options available and ask questions to ensure a clear understanding of the requirements.
STEP 3 Estimate Project Art Budget and Choose Option
The Director of the Department of Community Services or designee will make an estimate of the percent for art budget, review the preliminary project scheme, and discuss with the development team the viability of the options open to the developer to satisfy the HAPP Ordinance requirement.
STEP 4 Submit HAPP Application
The Department of Planning staff will provide a HAPP Application form to the developer to complete at time of submittal of construction drawings.
The HAPP Application will set forth the manner in which the developer proposes to fulfill the requirements of the HAPP Ordinance -- by on-site or alternate-site artwork, in-lieu contribution, or any combination thereof.
STEP 5 Hire Professional Public Art Consultant
Should the developer choose to pursue the acquisition and installation of public artwork, the developer is required to secure the services of a professional public art consultant. The developer may select a consultant:
• From a pre-approved list of public art consultants maintained by the Department of Community Services;
• Of the developer’s choosing from a source other than the pre-approved list, which requires approval by the HAAC; or
• By paying a fee-for-service to the City for the services of a public art consultant who may be on retainer.
Public art consultant fees of up to fifteen percent (15%) of the public art project budget are an allowable expense and can be included in the administrative cost portion of the budget. If the developer chooses the fee-for-service option, the developer is required to pay fifteen percent (15%) of the public art project budget to the City for the purpose of managing an HAPP project on the development site.
STEP 6 Submit Conceptual Art Plan for On-Site or Alternate-Site Art (if applicable)
Any developer electing to meet the HAPP requirement by incorporating public art into the project is required to develop Conceptual Art Plan and Final Report. The Conceptual Art Plan must be presented to the City and then presented to the HAAC at the schematic design stage. 6 Developer Guide
The Conceptual Art Plan describes how the artist was selected; provides evidence of artist qualifications, provides illustrations and details of how the artwork is incorporated into the development project in a publicly accessible location, and provides a breakdown of the public art budget.
STEP 7 Obtain HAAC and City Council Approval of the Conceptual Art Plan The Director of the Department of Community Services or designee will prepare a report for HAAC review. Upon review, the HAAC will forward a recommendation to the City Council for approval.
STEP 8 Make HAPP Fund Deposit (if applicable)
Required HAPP Fund payments must be received at least ten (10) business days prior to issuance of a building permit by the City, unless otherwise provided by the City Council.
STEP 9 Submit Final Report
Prior to project completion and issuance by the City of the Certificate of Occupancy, the Department of Community Services must have a complete record of any artwork created under the HAPP Ordinance. This record must include final construction or shop drawings for the artwork; all legal agreements between artists and the developer; contextual and detailed
photographic images (preferably digital); maintenance plan and schedule; photograph of plaque acknowledging the artist and the City of Santa Fe Springs; and copies of any press clippings or media coverage. Since changes may occur in building ownership and management, and artists relocate or pass away, the Department of Community Services functions as a stable repository for project information.
STEP 10 Sign Covenant and Plan for Long-Term Maintenance Prior to project conclusion and issuance of the Certificate of Completion, the developer must enter into a covenant obligating the developer to maintain the artwork over the lifespan of the artwork, unless otherwise negotiated and approved by the City Council. Proof of filing of the Covenant with the Los Angeles County Recorder’s Office must be provided to the City.
STEP 11 Artwork Dedication
Once the artwork is installed and approved, a dedication/unveiling is scheduled. The dedication ceremony is attended by the developer’s guests, City officials, the artists, members of the press and the community.
SECTION V: PROCEDURES
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A. CONCEPTUAL ART PLAN AND FINAL REPORT REQUIREMENTS
1. Conceptual Art Plan
The Conceptual Art Plan submitted at the schematic design stage must include the following:
a. Summary of Artist Selection Process in accordance with Section IV of these guidelines, including:
• A list of all artists considered.
• Evidence that the list includes regional artists, artists from diverse cultural backgrounds and artists of both genders.
• Type of selection process used.
• Names and affiliations of jury/artist selection panel members. • Resume of selected artist or artists.
• Images of selected artist’s work (slides, digital, video, DVD, catalogs, press clippings).
• Statement as to why the selected artist is qualified to work on this project.
b. List of Team Members, including:
• Developer (contact person, address, phone, e-mail, web page). • Art Consultant (name, address, phone, e-mail, web page). • Architect (lead designer, address, phone, e-mail, web page). • Landscape Architect (lead designer, address, phone, e-mail, web page). • Artist (address, phone, e-mail, web page)
c. Narrative Statement articulates how the artwork design:
• Responds to the vision and goals of the HAPP Program. • Responds to the project site in relationship to the neighborhood in which it is located.
• Can be viewed by the public a minimum of eight (8) hours a day. • Helps create lively, habitable places which make unique contributions to the community.
• Engages the visitors, tourists, residents, and/or workers. • Is well-integrated into the project design and reflects the sensibilities of the architect, landscape architect, and artist.
• Involves community members.
• Reflects the history of the site and its place in the history of the City of Santa Fe Springs.
• Engages street-level activities and creates a positive experience for pedestrians.
• Impacts the surrounding streetscape.
d. Visual Representation of the Artist’s Conceptual Design must illustrate the context of the artwork within the site and show details sufficient to 8 Developer Guide
communicate compliance with setback, visibility, and other safety requirements. Representation may be in the form of any one or combination of the following:
• Digital images of renderings or models/maquettes in jpeg format. • Hand-drawn renderings or other illustrations.
• A model or maquette.
• Computer generated drawings or 3-D renderings.
• QuickTime, Media Player movies, or other moving images of the project or artwork content on a CD or DVD.
e. Artwork Details including:
• Materials to be used in the fabrication of each artwork element. • Approximate size of each artwork element.
• Colors and textures selected for each artwork element. • Structural engineering calculations, as appropriate. Note: A building permit and/or a permit for excavation is required by the City. f. Landscape Details including:
• Plans showing exact location of sprinklers and landscaping around the artwork, as appropriate.
• Specification of the type of irrigation and plant materials to be used. g. Lighting Details including:
• Plans showing exact location of lighting fixtures.
• Specification of type of fixtures and lamps to be used including model name. Note: An electrical permit is required by the City. h. Art Budget including:
• Breakdowns for on-site artwork and anticipated HAPP Fund contributions.
• Breakdowns for finalist fees, anticipated artist fees, artwork fabrication, art consultant fees, and other administrative expenses. • Total art budget must meet or exceed required allocation per the HAPP ordinance.
2. Final Report
Final submittals must create a comprehensive record of the artwork and show any changes to the accepted schematic design and associated submittals including:
a. A Final Narrative Statement updating the statement submitted at the schematic stage. The statement must include artist’s budget quotes and written statement about the project.
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b. Contracts, including:
• A contract between the artist and the developer.
• If applicable, the contract between the developer and an art or special fabricator.
c. Final Drawings, including:
•Project final construction drawings showing any and all artwork views and details.
• Shop drawings of all artwork elements.
• Engineering drawings and calculations.
d. Conservation and Maintenance Reports demonstrating that an art conservator has reviewed all artwork elements and has concurred with the proposed maintenance schedule and procedures. A maintenance manual should be provided, including:
• Comprehensive information, such as materials data sheets on all materials used in all artwork elements.
• Paint type and color swatches.
• Maintenance schedule.
• Instructions on maintenance work and periodic repairs to be conducted.
• Warranties for any artwork parts or equipment.
e. Final Detailed Art Budget showing only allowable expenditures. f. Photographic Documentation of the artwork showing the artwork in context of the project and detailed images of each artwork element. Any required copyright notices that must accompany use or publication of the images must be indicated.
B. ART PLAN FOR ON-SITE ART
Any developer electing to meet the HAPP Ordinance requirement by preparing and carrying out a Conceptual Art Plan and Final Report for on-site and alternate-site artwork will be instructed that it is optimal when the artwork evolves as an integral part of the overall development project.
1. Artist Selection
a. Starts when Public Art Consultant is Hired
The artist selection process begins when a professional public art consultant is hired by the developer or through the Department of Community Services on a fee-for-service basis to guide the developer through the process.
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b. Selection Process
The developer is responsible for selecting the artist, provided that the artist meets the qualifications listed below in Artist and Artwork Selection. Developers may receive assistance from the Director of the Department of Community Services or designee with the selection of an artist. The City will provide access to the Pre-Qualified Artist Directory and to other resources with artist listings. The HAAC will consider each artist and proposed artwork on a case-by-case basis.
c. Methods of Artist Selection
The developer, in consultation with the professional public art consultant, may consider - but is not limited to - the following options for selecting an artist.
• Selecting from the Pre-Qualified Artist Directory
Artists may be selected from the Pre-Qualified Artist Directory, a list of artists who meet the Artist Selection Criteria below that is developed and maintained by the Director of the Department of Community Services Services or designee.
• Open Competition
An Open Competition provides an opportunity for any qualified artist to submit images of their artwork and qualifications. A written and electronic notice are issued summarizing the project, qualifications sought, proposal requirements, and project schedule. After a review of submitted materials, and a follow-up interview for finalists, an artist is selected for the commission.
• Limited Competition
A Limited Competition involves assembly of a shortlist of qualified artists who are solicited through the Pre-Qualified Artist Directory or nominated from a select number of expert and well-informed arts and design professionals.
2. Artist Selection Criteria
a. Artist Qualifications
• Ability to generate creative and appropriate ideas.
• Ability to influence a product of uncompromising quality. • Proven ability to work effectively in collaborative situations. • Ability to understand and work with diverse community constituencies.
• Experience in architecture or landscape-based projects. • Proven ability to meet established budgets and deadlines. 11 Developer Guide
b. Ineligible Project Artists
• The project architects or members of consulting architectural or design, landscape, or engineering firms.
• Members of the selection panel.
• Employees of the developer, or anyone with a vested or familial relationship to the developer.
• Employees of the City of Santa Fe Springs.
• Members of the HAAC.
C. ART BUDGET FOR ON-SITE AND ALTERNATE-SITE ARTWORK
1. Allowable Expenses
Subject to restrictions on expenditures of revenues, the HAPP allocation may be expended for, but is not limited to, the following:
a. HAPP Program administration for expenses incurred in the process of artist and artwork selection, development and installation of artwork, and media/community outreach efforts.
b. Artist’s fee for professional design, execution, and installation of the artwork.
c. Fees for fabricators and other sub-contracted labor. d. Supplies and materials.
e. Equipment rental.
f. Project related travel.
g. Transportation of the artwork to the site.
h. City and county permits, as required.
i. Taxes, where applicable.
j. Frames, mattes, pedestals, containments, and other devices necessary for the security, preservation, and display of the artwork. k. Site modifications necessary for the installation of the artwork. l. Fire retardant treatments, when necessary.
m. Insurance, as required.
n. Waterworks, electrical, and mechanical devices, lighting or other equipment that is an integral part of the artwork.
o. Slides and other documentation.
p. Purchase of existing artworks.
2. Unallowable Expenses
In general, the HAPP project allocation may not be expended for the following:
a. Reproductions of original visual artworks by mechanical or other means.
Limited editions signed by the artist of artwork such as original prints, cast sculpture, and photographs may be included.
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b. Elements generally considered to be components of the architecture and landscape architecture building program, unless designed by a qualified artist specifically commissioned for this purpose.
c. Art objects that are mass-produced or of standard design such as functional equipment, fountains, or statuary objects.
d. Directional elements such as signs, maps, and color coding, unless designed and executed by an artist.
e. Expenses related to the ongoing operation of the artwork such as utility costs and electrical, water, or mechanical service required to activate the artwork.
f. Insurance, ongoing maintenance and long-term conservation of the artwork.
D. REVIEW AND APPROVAL
1. Role of Staff
From the development of the Conceptual Art Plan through submittal of the Final Report, developers and their public art consultants should proactively communicate with the Director of the Department of Community Services or designee to ensure that their plans meet HAPP Ordinance requirements.
2. Review and Approval by HAAC and City Council
The HAAC will evaluate the Conceptual Art Plan and Final Report based on the criteria below. Within 30 days after approving the Conceptual Art Plan, the HAAC will submit it to the City Council for final approval. The City Council may approve, approve in part, conditionally approve, or deny the application.
3. Criteria for Review and Approval
The Director of the Department of Community Services or designee and the HAAC will use the following criteria for evaluating an Art Plan for On-Site Art:
a. Artistic Quality. The assessed aesthetic merit of the piece as a work of art, independent of other considerations.
b. Context. Works of art must be compatible in scale, material, form, and content with their surroundings. Consideration should be given to the architectural, historical, geographical and social/cultural context of the site.
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c. Content. Expressions of obvious bad taste or profanity, which would likely be offensive to the general public, are unacceptable.
d. Media. All forms of visual art may be considered. Works may either be portable or permanently attached.
e. Permanence. Due consideration shall be given to the structural and surface soundness, and to inherent resistance to theft, vandalism and weathering.
f. Ability to Maintain. Significant consideration shall be given to the cost and amount of on-going maintenance and/or repair anticipated. g. Public Safety and Accessibility. Each work shall be evaluated to ensure that it does not present a hazard to public safety and complies with all applicable building codes and accessibility requirements. h. Range. The City strives for diversity in style, scale, media, and numbers of artists represented to assure a balanced and interesting collection.
Applicants are encouraged to utilize styles, materials, and artists that will complement the existing collection.
i. Feasibility. Proposed objects shall be evaluated relative to their feasibility and convincing evidence of the artist’s ability to successfully complete the work as proposed. Factors to be considered include, but are not limited to:
project budget, timeline, and artist’s experience, soundness of materials, city approval requirements, and level of community support. j. Duplication. To assure that the artwork will not be duplicated, the artist shall be asked to warrant that the work is unique, and an edition of one, unless stated to the contrary in the contract.
E. ARTWORK IDENTIFICATION PLAQUE
The HAAC will finance the fabrication and installation of a plaque or equivalent form of permanent signage acknowledging the artist, other design professionals involved in the project, the developer, and the City of Santa Fe Springs HAPP Program in a publicly accessible location near the artwork.
F. PROJECT COMPLETION
1. In-lieu contribution.
In the event that the 1% HAPP Allocation in-lieu contribution has not been paid in full, the City will not issue grading or building permits.
2. On-Site or Alternate-Site Artwork.
When the developer has elected to fulfill the requirements in full or in part through on-site artwork pursuant to the approved HAPP Conceptual Art Plan, the Certificate of Occupancy or final building permit will not be issued until the approved artwork has been fully installed and completed in a 14 Developer Guide
manner satisfactory to the Director of the Department of Community Services or designee and the Final Report has been received and reviewed by the HAAC.
At the discretion of the Director of Planning or designee, an in-lieu contribution in the amount of the valuation of the approved artwork may be made as a deposit to secure the proper installation of artwork subsequent to the issuance of a Certificate of Occupancy or final building permit. Upon proper installation of the approved artwork, the deposit will be refunded. After one (1) year following the deposit of an in-lieu contribution, the City may elect to cancel the requirement for the approved artwork and retain the deposit as fulfillment of the HAPP requirement.
SECTION VI: OWNERSHIP AND MAINTENANCE RESPONSIBILITIES
Prior to project conclusion and issuance of the Certificate of Occupancy, the developer must enter into and record with the Los Angeles County Recorder’s Office and filed with the City of Santa Fe Springs) a covenant (sample attached) obligating the developer or their successors an interest to maintain the artwork over the life of the artwork unless otherwise negotiated and approved by the HAAC.
A. ARTWORK OWNERSHIP
Any on-site artwork created under the HAPP Ordinance is the property of the development owner and cannot be sold or transferred to an owner other than the owner of that development.
B. ARTWORK MAINTENANCE OBLIGATION
The continued maintenance of the artwork will be the responsibility of the developer or its successors throughout the lifetime of the artwork, unless otherwise negotiated and approved by the HAAC. Prior to that date, the developer, its successors, and its assigns, may not destroy, remove, relocate, change, alter, modify, or allow to be defaced, any such public art component without the express consent of the artist and the City. If the artwork is removed, stolen or destroyed beyond repair, the owner will be responsible for the replacement of the artwork or must pay an amount equivalent to the original requirement into the HAPP Fund.
Where artwork is placed on private property pursuant to the requirements of the HAPP Ordinance, the developer will execute and record a covenant with the Los Angeles County Recorder which sets forth the developer’s obligation to properly maintain the approved artwork. If any approved artwork placed on private property pursuant to the HAPP Ordinance is removed without City approval, the City will pursue enforcement of the covenant and any other appropriate remedies that will ensure compliance with the requirements of the HAPP Ordinance. 15 Developer Guide
C. ART INSURANCE
Public artwork must remain permanently installed at the site as a condition of project approval and if not, in a recordable agreement, binding on successors to title to the subject property, as reasonably approved by the City attorney. In the event the artwork is damaged, destroyed, damaged beyond repair, or stolen, the developer is legally responsible for repairing or replacing the artwork, with an artwork or artworks of equivalent value. Developers are strongly encouraged to insure artwork on their property.
D. DAMAGED ARTWORK
The developer is responsible for repairing artwork located on their property in the event of damage and/or vandalism.
1. Artwork damaged or vandalized will be repaired as closely as possible to the original approved artwork.
2. If repair is needed, the original artist must be given first refusal to repair the artwork at a reasonable fee. If the original artist is not available, or is unwilling to perform the required repair for a reasonable fee, the owner will make arrangements for repair with a reputable art conservator.
3. The developer will be responsible for notifying the City of the steps that will be taken to repair the work.
E. REPLACEMENT OF ARTWORK
In the event the artwork is destroyed, damaged beyond repair, stolen or otherwise removed from the site, the owner will replace the artwork with a new artwork.
1. The developer will submit an application to the City for review by the HAAC.
2. The new artwork will comply with all of the requirements of the HAPP Program in effect at the time the artwork is replaced. The allocation for the new (replacement) artwork will be calculated based on the current total building valuation, as determined by the Director of the Department of Community Services or designee.
3. The replacement process will be completed within a six to twelve-month time frame unless otherwise agreed to by the Director of the Department of Community Services or designee.
F. REMOVAL OF ARTWORK
The City will not authorize removing public art, except under the most extenuating circumstances:
1. The indefinite removal of an artwork from permanent display, whether or not it is disposed, affects the artist’s rights and has serious legal consequences for the developer.
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2. Developers wishing to remove, modify, or in any way alter the artwork, must first seek legal consent from the original artist and must provide a compelling reason for taking such action with the artwork.
3. All such requests must be submitted to the HAAC for its consideration and approval in accordance with the Policy for Deaccessioning Works of Art.
4. Factors to be considered by the HAAC will include, but not be limited to reasons and costs of relocation, risk of damage to the artwork, maintenance costs, and artist and owner rights and responsibilities.
SECTION VII: DEFINITIONS
A. Artist: A person who has established a reputation of artistic excellence in the visual, performing, literary, or media arts, as judged by peers, through a record of exhibitions, public commissions, sale of works and/or educational attainment.
B. Artist Fees: Artist fees refer to that portion of the public art project budget reserved for payment to the artist for his/her creative services for design, fabrication and project management services. Fees do not include other labor, materials, travel and per diem allowances for out-of-town artists.
C. Artist Selection Panel: A group of artists, design professionals, arts professionals, community representatives, and others deemed necessary for a balanced point of view called together by a developer or the Director of the Department of Community Services or designee to evaluate artist qualifications and/or identify artist(s) for a given project in conformance with the HAPP Ordinance.
D. Artwork: Publicly accessible artistic and cultural facilities, services and/or amenities encompassing all cultures through the broadest possible range of expression, media and materials.
E. Conceptual Art Plan: A plan prepared by the developer and submitted to the HAAC at the schematic and final design stages that provides details on the artist selection process, artist qualifications, artwork ideas, and design elements, is in a publicly accessible location, and how the artwork impacts the development project.
F. Conservation: The act of restoring or repairing artwork.
G. Community Outreach: Education and marketing efforts to connect with the public to teach about and gather input on HAPP Projects.
H. Deaccession: The process of permanently removing artwork from the collection, usually through sale or exchange or any other transactions by which title of outgoing artworks are transferred from the collection to another institution or individual. Under certain conditions, it may also include disposal by intentional destruction.
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I. Design Professional: An individual professionally trained in design, such as architecture, landscape architecture, art, graphics, urban design, and planning; also environmental, industrial, interior, and design.
J. Developer: The person or entity that is financially and legally responsible for the planning, development and construction of any development project, who may or may not be the owner of the subject property.
K. Development Project: New residential, commercial, and industrial development projects and projects that involve remodeling or expansion of existing developments valued at $300,000 or more. A Development Project consists of all facilities combined within the development site that require a building permit.
L. Donation of Artwork: A gift of artwork or memorial of any size, style or medium donated to the City of Santa Fe Springs by an individual, businesses, or group.
M. Final Design: Once all variables (engineering, costs, and changes in project design) are fixed and resolved including identification of all materials, colors, and processes to be used in the creation of the art, as well as an identification of who will fabricate or provide all components.
N. Final Report: A complete record of any artwork created under the HAPP Ordinance.
O. Finalist Fees: Modest payment made to each public art project finalist for a proposal.
P. Heritage Arts Advisory Committee a standing committee appointed by the City Council to advise the City’s Heritage Artwork in Public Places Program.
Q. Heritage Artwork in Public Places (HAPP) Annual Plan: The document developed annually by the HAAC and submitted to the City Council for approval that recommends City-initiated HAPP projects funded through the HAPP Fund to be implemented in the upcoming year, including conservation projects, community outreach and public education efforts or other activities to be undertaken by the program.
R. Heritage Artwork in Public Places (HAPP) Fund: A separate interest-bearing fund established and maintained by the City for the deposit of the in-lieu portion of the HAPP fee requirement of a private development.
S. Heritage Artwork in Public Places (HAPP) Program: The program, under the jurisdiction of Library and Cultural Services, which sets forth the oversight and management of developer-initiated public art projects, City-initiated HAPP projects, and other related activities.
18 Developer Guide
T. Department of Community Services: Department of the Community Services of the City of Santa Fe Springs is responsible for implementing the HAPP Ordinance and administering the HAPP Program.
U. Lifespan of the Artwork: Artwork life span cannot be less than 25 years.
Artwork reaches the end of its life cycle when the artist, or the artist’s estate, and/or a qualified art conservator verifies that the artwork has aged or deteriorated to a point where it cannot reasonably be conserved or repaired.
V. Maintenance: Actions taken to retard or prevent deterioration or damage to artwork by control of the environment and/or treatment of the artwork on a routine basis.
W. Plaque: Identification signage affixed on or near an artwork that identifies the title, artist, media, and other relevant information about the artwork.
X. Pre-Qualified Artist Directory: A resource list of Pre-Qualified artists maintained by the Department of Community Services that can be used by the City and private developers to select artists for HAPP projects.
Y. Pre-Qualified Artist Directory Jury: A group of artists, arts-related professionals, and design professionals called together by the Director of the Department of Community Services or designee to pre-qualify applicant artists who meet the criteria for inclusion in the Pre-Qualified Artist Directory.
Z. Property Owner: The person or entity that owns the development project.
AA. Public Accessibility: The condition under which a public space is accessible and readily visible to the public a minimum of eight (8) hours a day, five days a week.
BB. Public Art Collection: The public art collection is comprised of artworks that have been accessioned by the HAAC on behalf of the City or are otherwise under the jurisdiction of the HAAC.
CC. Public Place: An area on public or private property which is open and accessible to the general public a minimum of five days a week during normal business hours.
DD. Request for Proposals (RFP): An invitation by the City or a developer to potential consultants, such as artists, to submit proposals for a specific project, project component or professional service.
EE. Request for Qualifications (RFQ): An invitation by the City or a developer to potential consultants, such as artists, to submit for consideration their qualifications for a specific project, project component or professional service.
FF. Schematic Design: The artist’s initial artwork design in context and in scale with components fully identified including materials, colors, features, and processes for which the artist is responsible.
19 Developer Guide
CITY OF SANTA FE SPRINGS
Heritage Artwork in Public Places Program
DEVELOPER APPLICATION
Accepted By:
Date:
CITY OF SANTA FE SPRINGS
HERITAGE ARTWORK IN PUBLIC PLACES APPLICATION
This form is to be completed and submitted to the Department of Planning PLEASE PRINT:
APPLICANT/TENANT
ADDRESS
CITY STATE ZIP CODE
TELEPHONE NUMBER
CELL PHONE
E-MAIL
FAX
20 Developer Guide
ARCHITECT/CONTRACTOR NAME
ADDRESS
CITY STATE ZIP CODE
_________________________________ _____________________
TELEPHONE CELL PHONE
_________________________________ _____________________________
FAX E-MAIL
PROPERTY OWNER NAME
ADDRESS
CITY STATE ZIP CODE
TELEPHONE CELL PHONE
_________________________________ _____________________________
FAX E-MAIL
PROJECT INFORMATION:
Building Permit #:
Planning Case #:
APN:
PROJECT ADDRESS:
21 Developer Guide
THIS PROJECT IS:
____ New Construction
____ Rehabilitation/Tenant Improvement
APPROXIMATE SQUARE FOOTAGE OF THIS PROJECT:
PROPOSED USE OF THIS SPACE (check all those that apply):
( ) Residential
Percentage of Total Space
( ) Commercial
Percentage of Total Space
( ) Industrial
Percentage of Total Space
APPLICANT/PROPERTY OWNER’S ESTIMATED TOTAL PROJECT COST:
$ (exclusive of land and offsite improvements)
( ) Copy of Pro-Forma attached
ANTICIPATED COMMENCEMENT DATE OF CONSTRUCTION:
ANTICIPATED DATE TO REQUEST FINAL INSPECTION/CERTIFICATION OF OCCUPANCY:
23 Developer Guide
CITY OF SANTA FE SPRINGS
Heritage Artwork in Public Places Program
MAINTENANCE COVENANT
RECORDING REQUESTED BY:
AND WHEN RECORDED RETURN TO:
City Clerk
City of Santa Fe Springs
11710 E. Telegraph Road
Santa Fe Springs, CA 90670
COVENANT AND AGREEMENT TO MAINTAIN ARTWORK
This Covenant to Maintain Public Art (“Covenant”) is made as of this ______ [day] of ____________ [month] , 20_____ by_____________________[name of owner on vesting deed for property] (“Owner”) for the benefit and in favor of the City of Santa Fe Springs (“City”) pursuant to Santa Fe Springs Heritage Artwork in Public Places Ordinance.
Owner is the fee title owner of that certain real property commonly known as [insert address] located in the City of Santa Fe Springs, California, Assessor’s Parcel Number(s) [___________] (the “Property”), upon which Property there has been constructed a commercial development project consisting of [ ___________________________ ] (“Project”);
Owner, as developer, or in conjunction with the developer of the Project, has installed an original artwork in accordance with the requirements of Santa Fe Springs Heritage Artwork in Public Places Ordinance #______ and the application and proposal approved by the City Manager or designee on ___________ [date], Project # _____, which artwork (“Public Art”) is intended for the enjoyment and benefit of the citizens and visitors of the City of Santa Fe Springs, to the enhance the character of the City as a whole, and to benefit and enhance the Project and the Property upon which is has been installed.
Owner now hereby covenants and agrees that the Property and improvements constructed thereon shall be held, conveyed, mortgaged, encumbered, leased, rented, used, occupied, sold and improved, subject to this Covenant. All of covenants, conditions, and restrictions set forth herein shall constitute covenants which shall run with the land and shall be binding upon Owner and its successors and assigns, and all parties having or acquiring any right, title or interest in or to any part of the Property. 24 Developer Guide
Owner shall consistently cause the Public Art to be maintained in good condition and shall perform any and all necessary repairs and maintenance of the Public Art to the reasonable satisfaction of the City Manager or designee.
The Owner shall ensure that the Public Art is located in an area that is open and accessible to the general public a minimum of five days a week during normal business hours. The Public Art shall have unobstructed and unrestricted access without security check-in or clearance, invitation, or interruption.
Owner shall maintain the Public Art in place on the Property. Owner shall not relocate or remove, nor allow relocation or removal of, the Public Art, without the prior consent of the City, for a period of at least twenty (20) years form the date upon which the Public Art was installed (the “Term”). In the event that the Project is intended to be demolished prior to the expiration of the Term, Owner shall cause the Public Art to be relocated to another publicly accessible, permanent location that is approved in advance by the City’s Heritage Arts Advisory Committee, or in the absence of any such Committee, then by the City Manager or designee. In the event of any removal or relocation of the Public Art for any reason prior to the expiration of the Term, in addition to obtaining the City’s consent, Owner must notify the City at least thirty (30) days in advance of said removal, and must replace the Public Art within six (6) months of its removal, all in accordance with the provisions and requirements of the Heritage Artwork in Public Places Ordinance #________, or alternatively, Owner must pay an amount equal to the public art contribution amount for the Project, as determined in accordance with the City’s Ordinance #______, for the remainder to of the Term, prorated over said twenty (20) year period. Any removal, relocation, or replacement of the Public Art, must be consistent with the California Preservation of Works of Art Act and the federal Visual Artist’s Rights Act and any other relevant law.
The City shall have the right to enforce this Covenant against the Owner, its successors and assigns in accordance with its terms. In the event that the City is forced to bring any legal action to enforce the provisions of this Covenant, Owner shall be obligated to reimburse the City for any all cost of enforcement, including but not limited to any attorneys’ fees.
This Covenant shall run for the Term as stated hereinabove.
OWNER:
[Insert signature block]
Attachments:
Notary acknowledgment
Legal description of the Property
Location
ADDRESS
Intersection of: Imperial & Bloomfield – Santa Fe Springs, CA Attachment #B
Site Details
Daytime Rendering
Evening Rendering
*3D LETTERS TO BE ILLUMINATED BY
ARCHITECTURAL LANDSCAPE LIGHTING*
3D LETTER PLAN & FRONT ELEVATION VIEW
FRONT ELEVATION
3D LETTER SECTION DETAIL
ITEM # 40
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: Maricela Balderas, Director of Community Services
SUBJECT: CALIFORNIA STATE LIBRARY GRANT AWARD FOR THE ZIP BOOKS
PROJECT AT THE SANTA FE SPRINGS LIBRARY
DATE: November 12, 2024
RECOMMENDATION(S):
It is recommended that the City Council:
1) Approve and authorize the Director of Community Services to execute the agreement grant agreement from the California State Library for the Zip Books Project at the Santa Fe Springs City Library; and
2) Approve the recognition of $5,627 in grant funds awarded by the California State Library, and authorize the deposit of these funds into the Library & Cultural Services Administration's State Grants/Subventions revenue account (No. 10105699-442000); and
3) Approve an increase in expense authority by $5,627 in the Library & Cultural Services Administration's Books & Subscriptions expenditure account (No. 10105699-522000) to allow for the expenditure of the grant funds; and 4) Take such additional, related, action that may be desirable.
FISCAL IMPACT
The California State Library (CA Library) has awarded the Santa Fe Springs City Library (SFS Library) a total of $5,627 in grant funds. These funds will be recorded in the Library & Cultural Services Administration’s State Grants/Subventions revenue account (No. 10105699-442000), and the Books & Subscriptions expenditure account (No. 10105699- 522000). This grant requires no matching funds.
CITY COUNCIL AGENDA REPORT – MEETING OF November 12, 2024
CALIFORNIA STATE LIBRARY GRANT AWARD FOR THE ZIP BOOKS PROJECT
AT THE SANTA FE SPRINGS LIBRARY
BACKGROUND
The Library Services and Technology Act (LSTA) is a federal library grant program adopted by the President of the United States on October 1, 1996. The LSTA allocates annual library funding to all 50 states using a population based formula. In the state of California, the CA Library is then responsible to administer LSTA funds to local libraries through various competitive grant opportunities and awards.
SFS Library staff have been diligent in applying for CA Library grants and on September 18, 2024, the City was notified that the Zip Books grant had been awarded to the SFS Library in support of programs and resources for the community.
ANALYSIS
Through the CA Library awarded grant, the SFS Library will be able to provide resources to the community that may not have been feasible otherwise. This helps the SFS Library offer a wider range of up-to-date and diverse resources for library patrons.
Specifically, the Zip Book grant provides funds for SFS Library staff to purchase materials for our patrons that are not in our collection. Using these funds, the Library can purchase requested materials on Amazon and have them sent directly to the patron. When the patron is finished with the material, it is returned to the library and can be added to our collection. The SFS Library’s participation in this program allows the City to purchase materials for the collection that is of interest to our community.
ENVIRONMENTAL
N/A
DISCUSSION
N/A
SUMMARY/NEXT STEPS
Upon approval of the Community Services Director to execute the grant agreements, SFS Library staff will submit all necessary documentation to the CA Library to ensure that the monetary awards are received in a timely manner.
ATTACHMENT(S):
A. Zip Books Grant Agreement
CITY COUNCIL AGENDA REPORT – MEETING OF November 12, 2024
CALIFORNIA STATE LIBRARY GRANT AWARD FOR THE ZIP BOOKS PROJECT
AT THE SANTA FE SPRINGS LIBRARY
ITEM STATUS:
APPROVED:
DENIED:
TABLED:
DIRECTION GIVEN:
Library – Courts Building 916-323-9759
P.O. Box 942837 [email protected]
Sacramento, CA 94237-0001 www.library.ca.gov
September 18, 2024
Deborah Raia, Library Manager
Santa Fe Springs City Libary
11700 Telegraph Rd.
Santa Fe Springs, CA, 90670
Subject: Zip Books Project ZIP24-75
Dear Ms. Deborah Raia:
We are pleased to approve the grant application for the Zip Book Project for a total of $5,627 in California Library Services Act funds. Over the 2024-25 grant period, please take steps to ensure that as many Zip Books as possible are added to your permanent library collection.
Hard copies of this correspondence will not follow. Keep the entirety of the correspondence for your files and consider these award materials your original documents.
This grant is governed by the attached Grant Agreement and Certification of Compliance, which includes the project period, reporting requirements, and payment schedule as well as the proposal outlining the project plan and budget. Please sign the claim and certification forms at the back of your award packet using the DocuSign system. Please understand that it can take from six to eight weeks from receipt of a fully executed claim form with no errors before grant funds are delivered. If you have not received your payment after eight weeks, please contact your grant monitor.
The Grant Monitor assigned to your project is Monica Rivas. She is available to assist you throughout the year and she can be reached via email at [email protected].
Read the enclosed award packet thoroughly and contact your Grant Monitor if you have any questions.
Best wishes for a successful project.
Respectfully yours,
Greg Lucas
California State Librarian
CC: Monica Rivas, [email protected]
Annly.roman, [email protected]
Yesenia.urdarbe, [email protected]
Jessica Magallanes, [email protected] Docusign Envelope ID: 430D42A4-AEDB-4B1E-A511-451EF380A7A6 10/4/2024
In Process
STATE-FUNDED GRANTS
AWARD AGREEMENT AND
CERTIFICATE OF COMPLIANCE
Docusign Envelope ID: 430D42A4-AEDB-4B1E-A511-451EF380A7A6 In Process
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TABLE OF CONTENTS
PROJECT SUMMARY 2
PROCEDURES and REQUIREMENTS 3
A. Term of the Agreement 3
B. Scope of Work 3
C. Budget Detail 3
D. Narrative and Financial Reports 4
E. Claim Form and Payment 5
EXHIBIT A: TERMS and CONDITIONS 7
EXHIBIT B: CERTIFICATION of COMPLIANCE FORMS 22
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PROJECT SUMMARY
AWARD AGREEMENT BETWEEN THE STATE LIBRARY and Santa Fe Springs City Libary for the Zip Books project.
AWARD AGREEMENT NUMBER ZIP24-75
This Award Agreement (“Agreement”) is entered into on 7/1/2024 by and between the California State Library (“State Library”) and Santa Fe Springs City Libary, (“Grantee”).
This Award Agreement pertains to Grantee’s State-funded ZIP 24-75 Santa Fe Springs City Libary project.
The Library Development Services Bureau (“LDS”) of the State Library administers state and federal funds in the form of awards.
The Grantee was selected by the State Library to receive state grant funds in the amount of $5627 through the process adopted by the State Library in administering such grants.
The State Library and the Grantee, for the consideration and under the conditions hereinafter set forth in the Grant Agreement, agree as follows:
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PROCEDURES and REQUIREMENTS
A. Term of the Agreement
The Grant term begins on the date of execution of the Agreement by both parties, until 8/31/2025. If completion of the project occurs prior to the end of the grant period, this will be the end date of the term of this agreement. Grant eligible program expenditures may begin no earlier than the start date. The project period ends on 8/31/2025 and all eligible program costs must be incurred by this date.
B. Scope of Work
1. Grantee agrees to perform all activities specifically identified in the Grantee’s application and submitted to the State Library in response to the Zip Books Grant.
2. The following activities and deliverables to be performed by the Grantee include, but are not limited to the following:
• Maintain and keep records of expenditures related to the grant that are consistent with Generally Acceptable Accounting Practices (GAAP). • Make financial records available to the State Library upon request. • Work with the State Library staff to assure that funds are disbursed in compliance with the purpose of the grant.
• Prepare and submit required narrative and financial reports. • Procure equipment, and other supplies as needed for the project. • Issue contracts for services, personnel, and consultants as needed for the project.
• If applicable, make payments for services, including for hours worked and travel reimbursements, to consultants and contractors.
• Oversee the implementation of project activities.
C. Budget Detail
The State Library shall provide the Grantee funding for the expenses incurred in performing the Scope of Work and activities specified in the Grantee’s application. The Grantee shall request the distribution of grant funding consistent with its proposal and the budget worksheet that was included with the application. Under no circumstances shall payments exceed the total grant amount identified in this Agreement.
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D. Narrative and Financial Reports
1. The Grantee shall be responsible for submission of interim and final narrative and financial reports on the progress and activities of the project, to the California State Library, using the sample report documents provided by the California State Library.
2. All the reports must be current, include all required sections and documents, and must be approved by the Grant Monitor before any payment request can be processed. Failure to comply with the specified reporting requirements may be considered a breach of this Agreement and result in the termination of the Agreement or rejection of the payment request and/or forfeiture by the Grantee of claims for costs incurred that might otherwise have been eligible for grant funding. Any problems or delays must be reported immediately to the Grant Monitor. The financial reports shall reflect the expenditures made by the Grantee under the Agreement and may be incorporated into the same reporting structure as the narrative reports.
3. The reports shall be submitted by the following dates:
Reporting Period Report Due Date
July 01, 2024-
December 31,
2024
1st Financial and Mid Project Program
Narrative Report Due
January 31, 2025
January 01,2025 –
April 30, 2025
2nd Financial Report Due May 31, 2025
July 01, 2024 –
August 31, 2025
Final Financial Report, Expenditure Detail
Report and Final Program Narrative Report
Due
September 31,
2025
4. Failure to submit timely reports with the appropriate documentation by the due date may result in rejection of the payment request and/or forfeiture by the Grantee of claims for costs incurred that might otherwise have been eligible for grant funding.
5. The Grantee agrees to maintain records and supporting documentation pertaining to the performance of this grant, subject to possible audit for a minimum of five (5) years after final payment date or grant term end date, whichever is later. Please refer to Exhibit A, Terms and Conditions for more information.
6. In addition to the foregoing, the Grantee shall submit to the State Library such periodic reports, updates, documents and any information as deem necessary by the State Library to monitor compliance and/or perform program Docusign Envelope ID: 430D42A4-AEDB-4B1E-A511-451EF380A7A6 In Process
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evaluation. Any requested data or information shall be submitted in electronic format on a form specified by the State Library.
E. Claim Form and Payment
1. The California State Library shall provide the Grantee payment as outlined in the payment schedule only if all requirements for claiming the funds as outline in this document have been met, and only for those activities and costs specified in the approved award application.
2. The Grantee shall complete, sign, and submit Certification of Compliance form (Exhibit B) and the Financial Claim form (included in your award packet), to the California State Library within 14 days of receiving this award packet. These forms will be issued, signed, and submitted using the online signature and agreement platform, DocuSign, unless DocuSign is unallowable or inconsistent with practices and policies of the local jurisdiction. If the use of DocuSign is not acceptable to your organization, please contact your grant monitor regarding alternate options.
3. Any of the sums appearing under the categories in the approved budget may be adjusted with prior authorization from the California State Library Grant Monitor. This would be to increase the allotment with the understanding that there will be corresponding decreases in the other allotments so that the total amount paid by the California State Library to the Grantee under this Agreement shall not exceed the awarded amount, which shall be expended/encumbered during the grant period.
4. If the payment amount made by the California State Library exceeds the actual expenses incurred during the term of this Agreement, as reflected in the financial reports to be filed by the Grantee, the Grantee shall immediately refund the excess payment amount to the California State Library.
5. The Award payments will only be made to the Grantee. It is the Grantee’s responsibility to pay all contractors and subcontractors for purchased goods and services.
6. The Final Payment of 10% (if applicable) will be withheld and retained by the California State Library until all conditions agreed upon in this Agreement, including submission and grant monitor approval of the interim and final narrative and financial reports, have been satisfied.
7. Prompt Payment Clause
The California State Library will make payments to the Grantee in accordance with the Prompt Payment Clause under Government Code, section 927, et. seq.
The Grantee may typically expect payment within 45 days from the date a grant payment request is properly submitted and approved by the Grant Monitor.
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8. Budget Contingency Clause
a. It is mutually agreed that if the Budget Act of the current fiscal year or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall no longer be in full force and effect. In this event, the California State Library shall have no liability to pay any funds whatsoever to the Grantee or to furnish any other considerations under this Agreement and the Grantee shall not be obligated to perform any provisions of this Agreement.
b. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this Program, the California State Library shall have the option to either cancel this Agreement with no liability occurring to itself or offer an Agreement amendment to the Grantee to reflect the reduced amount.
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EXHIBIT A: TERMS and CONDITIONS
1. Accessibility: The State is responsible for ensuring that public websites are accessible to both the general public and state employees, including persons with disabilities. Grantee shall assist the State in meeting its responsibility. Therefore, all project materials generated by state funded programs must meet the California Accessibility Standards. Additionally, all project materials designed, developed, and maintained shall be in compliance with the California Government Code, sections 7405 and 11135, and the current Web Content Accessibility Guidelines, as published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success criteria.
However, if for some reason project material is not generated to be in compliance to meet these standards, please still submit it to the State Library. When submitting the material make sure to note that the material is not accessible by including “NOT ACCESSIBLE” in the file name.
The California State Library reserves the right to post project materials to its website that are in compliance with these standards.
2. Acknowledgment: The State of California and the California State Library shall be acknowledged in all promotional materials and publications related to the Zip Books.
a. Grant award recipients must ensure that the State of California receives full credit as the source of funds and that the California State Library, likewise, is acknowledged as the administrator.
b. Publications and information releases about the project must credit the State of California. An appropriate statement for a publication or project press release is:
“This [publication/project] was supported in whole or in part by funding provided by the State of California, administered by the California State Library.”
Grantees must include the above statement in any publications, vehicle wraps, and promotional materials, including websites. If space is limited the State Library logo and the following shortened acknowledgement statement is acceptable:
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“Funding provided by the State of California.”
c. This credit line on products of a project, such as materials, is important to foster support from the public, and state funding sources. d. California State Library Logo: Use of the California State Library logo, which can be downloaded on the California State Library website, is required on any publication, vehicle wrap, or promotional material along with the above statement(s).
e. Photo Documentation: Digital photos are a great way to document the happenings of your project. It is recommended that you use a photo release form when taking photos of the public. You may use your library’s photo release form, or contact your grant monitor for the State Library’s form.
3. Agency: In the performance of this Agreement the Grantee and its agents and employees shall act in an independent capacity and not as officers, employees or agents of the California State Library. The Grantee is solely responsible for all activities supported by the grant. Nothing in this Agreement creates a partnership, agency, joint venture, employment, or any other type of relationship between the parties. The Grantee shall not represent itself as an agent of the California State Library for any purpose and has no authority to bind the State Library in any manner whatsoever.
4. Amendment: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties, and approved as required.
No oral understanding or agreement not incorporated into this Agreement is binding on any of the parties. This Agreement may be amended, modified or augmented by mutual consent of the parties, subject to the requirements and restrictions of this paragraph.
5. Applicable law: The laws of the State of California shall govern all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder. The parties hereby waive any right to any other venue. The place where the Agreement is entered into and place where the obligation is incurred is Sacramento County, California.
6. Assignment, Successors, and Assigns: The Grantee may not assign this Agreement or delegate its performance to any third-party person or entity, either in whole or in part, without the California State Library’s prior written consent. The provisions of this Agreement shall be binding upon and inure to the benefit of the California State Library, the Grantee, and their respective successors and assigns.
7. Audit and Records Access: The Grantee agrees that the California State Library, the Department of General Services, the State Auditor, or their designated representatives shall have the right to review, audit, inspect and copy any records and supporting documentation pertaining to the performance of this Agreement. The Grantee agrees to maintain such records for possible audit for a minimum of five (5) years after the final payment, or grant term end date, Docusign Envelope ID: 430D42A4-AEDB-4B1E-A511-451EF380A7A6 In Process
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whichever is later, unless a longer period of records retention is stipulated, or until completion of any action and resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later. The Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the Grantee agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement.
Examples of audit documentation may include, but not limited to, competitive bids, grant amendments, if any, relating to the budget or work plan, copies of any agreements with contractors or subcontractors if utilized, expenditure ledger, payroll register entries, time sheets, personnel expenditure summary form, travel expense log, paid warrants, contracts and change orders, samples of items and materials developed with grant funds, invoices and/or cancelled checks.
8. Authorized Representative: Grantee and the California State Library mutually represent that their authorized representatives have the requisite legal authority to sign on their organization’s behalf.
9. Communication: All communications from either party, including an interim check-in at any time during the grant term, shall be directed to the respective grant manager or representative of the California State Library or Grantee. For this purpose, the following contact information is provided below:
Santa Fe Springs City Libary
Deborah Raia
11700 Telegraph Rd.
Santa Fe Springs,90670
562-868-7738 Ext. 7814
[email protected]
California State Library
Monica Rivas
900 N Street
Sacramento, CA 95814
916-603-7159
[email protected]
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1. Confidentiality: Grantee will maintain as confidential any material it receives or produces that is marked Confidential or is inherently confidential or is protected by privilege. Grantee agrees to alert the State Library to this status in advance, and State Library agrees to maintain this status in conformity with the Public Records Act.
2. Contractor and Subcontractors: Nothing contained in this Grant Agreement or otherwise shall create any contractual relation between the State and any contractor or subcontractors, and no contract or subcontract shall relieve the Grantee of his or her responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to the State for the acts and omissions of its contractors, subcontractors, volunteers, student interns and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Grantee. The Grantee’s obligation to pay its contractors and subcontractors is an independent obligation from the State’s obligation to make payments to the Grantee. As a result, the State shall have no obligation to pay or to enforce the payment of any monies to any contractor or subcontractor.
3. Copyright: Grantee owns and retains titles to any copyrights or copyrightable material from any original works that it creates within the scope of this Agreement in accordance with the federal Copyright Act. (17 U.S.C. 101, et seq.) Grantee is responsible for obtaining any necessary licenses, permissions, releases or authorizations to use text, images, or other materials owned, copyrighted, or trademarked by third parties and for extending such licenses, permissions, releases, or authorizations to the California State Library pursuant to this section. Also, the California State Library may upload, post or transmit copyrighted material produced or purchased with grant funds on a California State Library website for public access and viewing.
4. Discharge of Grant Obligations: The Grantee's obligations under this Agreement shall be deemed discharged only upon acceptance of the final report by California State Library. If the Grantee is a non-profit entity, the Grantee’s Board of Directors shall accept and certify as accurate the final report prior to its submission to California State Library.
5. Dispute Resolution: In the event of a dispute, Grantee will discuss the problem informally with the Grant Monitor. If unresolved, the Grantee shall file a written “Notice of Dispute” with the State Library Grant Monitor within ten (10) days of discovery of the problem. Within ten (10) days of receipt, the Grant Monitor shall meet with the Grantee for purposes of resolving the dispute. Any dispute arising under the terms of this Agreement which is not disposed of within a reasonable period of time, the Grantee may bring it to the attention of the State Librarian or the designated representative. The decision of the State Librarian or designated representative shall be final. Unless otherwise instructed by the Grant Monitor, Docusign Envelope ID: 430D42A4-AEDB-4B1E-A511-451EF380A7A6 In Process
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the Grantee shall continue with its responsibilities under this Agreement during any dispute.
6. Drug-free Workplace: The Grantee certifies under penalty of perjury under the laws of California, that the Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et. seq.) and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about all the following:
1) The dangers of drug abuse in the workplace.
2) The Grantee’s policy of maintaining a drug-free workplace. 3) Any available counseling, rehabilitation and employee assistance programs.
4) Penalties that may be imposed upon employees for drug abuse violations.
c. Require that every employee who works on the Agreement will:
1) Receive a copy of the Grantee’s drug-free workplace policy statement.
2) Agrees to abide by the terms of the Grantee’s statement as a condition of employment on the Agreement.
Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and grantee may be ineligible for award of any future state agreements if the California State Library determines that the grantee has made a false certification or violated the certification by failing to carry out the requirements as noted above.
7. Effectiveness of Agreement: This Agreement is of no force or effect until signed by both parties.
8. Entire Agreement: This Agreement supersedes all prior agreements, oral or written, made with respect to the subject hereof and, together with all attachments hereto, contains the entire agreement of the parties.
9. Exclusive Agreement: This is the entire Agreement between the California State Library and Grantee.
10. Executive Order N-6-22-Russia Sanctions: The Grantee shall comply with Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to Docusign Envelope ID: 430D42A4-AEDB-4B1E-A511-451EF380A7A6 In Process
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terminate grant agreements with, and to refrain from entering any new grant agreements with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Grantee advance written notice of such termination, allowing Grantee at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.
11. Extension: The State Librarian or designee may extend the final deadline for good cause. The Grantee’s request for an extension of the grant period must be made in writing and received by the California State Library at least 30 days prior to the final deadline.
12. Failure to Perform: The grant being utilized by the Grantee is to benefit the Zip Books. If the Grant Monitor determines the Grantee has not complied with this Agreement, the Grantee may forfeit the right to reimbursement of any grant funds not already paid by the California State Library, including, but not limited to, the ten percent (10%) withhold.
13. Federal and State Taxes: The State Library shall not:
a. Withhold Federal Insurance Contributions Act (FICA) payments from Grantee’s payments or make FICA payments on the Grantee’s behalf; or
b. Make Federal or State unemployment insurance contributions on Grantee’s behalf; or
c. Withhold Federal or State income taxes from Grantee’s payments Grantee shall pay all taxes required on payments made under this Agreement including applicable income taxes and FICA.
14. Force Majeure: Neither the California State Library nor the Grantee, its contractors, vendors, or subcontractors, if any, shall be responsible hereunder for any delay, default, or nonperformance of this Agreement, to the extent that such delay, default, or nonperformance is caused by an act of God, weather, accident, labor strike, fire, explosion, riot, war, rebellion, sabotage, flood, or other contingencies unforeseen by the California State Library or the Grantee, its contractors, vendors, or subcontractors, and beyond the reasonable control of such party.
15. Forfeit of Grant Funds and Repayment of Funds Improperly Expended: If grant funds are not expended, or have not been expended, in accordance with this Agreement, the State Librarian or designee, at his or her sole discretion, may take appropriate action under this Agreement, at law or in equity, including requiring the Grantee to forfeit the unexpended portion of the grant funds, Docusign Envelope ID: 430D42A4-AEDB-4B1E-A511-451EF380A7A6 In Process
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including, but not limited to, the ten percent (10%) withhold, and/or to repay to the California State Library any funds improperly expended.
16. Fringe Benefit Ineligibility: Grantee agrees that neither the Grantee nor its employees and contract personnel are eligible to participate in any employee pension, health benefit, vacation pay, sick pay or other fringe benefit plan of the State of California or the State Library.
17. Generally Accepted Accounting Principles: The Grantee is required to use Generally Accepted Accounting Principles in documenting all grant expenditures.
18. Grant Monitor: The Grant Monitor’s responsibilities include monitoring grant progress and reviewing and approving Grant Payment Requests and other documents delivered to the California State Library pursuant to this Agreement.
The Grant Monitor may monitor Grantee performance to ensure Grantee expends grant funds appropriately and, in a manner, consistent with the terms and conditions contained herein. The Grant Monitor does not have the authority to approve any deviation from or revision to the Terms and Conditions (Exhibit A) or the Procedures and Requirements unless such authority is expressly stated in the Procedures and Requirements.
19. Grantee: the government or legal entity to which a grant is awarded, and which is accountable to the California State Library for the use of the funds provided. a. The grantee will make reports to the State Librarian in such form and containing such information as may be required to ensure the proper used of funds consistent with the grantee’s application and award agreement. The grantee will keep such records and afford such access as the California State Library may find necessary to assure the correctness and verification of such reports.
20. Grantee Accountability: The Grantee is ultimately responsible and accountable for the manner in which the grant funds are utilized and accounted for and the way the grant is administered, even if the Grantee has contracted with another organization, public or private, to administer or operate its grant program. In the event an audit should determine that grant funds are owed to the California State Library, the Grantee is responsible for repayment of the funds to the California State Library.
21. Grantee Funds: It is mutually agreed that the Grantee is responsible for furnishing funds beyond the grant award that may be necessary to complete the project.
22. Independent Action: Grantee reserves the right to fulfill its obligations under this Agreement in an independent manner, at any location and at any time within the agreed-upon timeline. Grantee’s employees or contract personnel shall perform all services required by this Agreement, but their time need not be Docusign Envelope ID: 430D42A4-AEDB-4B1E-A511-451EF380A7A6 In Process
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devoted solely to fulfilling obligations under this Agreement. Grantee shall furnish all equipment and materials used to meet its obligations and complete the Project. The State Library shall not provide any personnel or other resources beyond the grant award and is not required to provide training in connection with this Agreement.
23. Indemnification: Grantee agrees to indemnify, defend and save harmless the State of California, the California State Library and its officers, employees, and agents, from any and all claims, losses, and liabilities accruing or resulting to any and all contractors, subcontractors, suppliers, laborers and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Grantee in the performance of this Agreement.
24. License to Use: The California State Library reserves a fully paid-up, royalty-free, nonexclusive, sub-licensable and irrevocable license to reproduce, publish, prepare derivative works, distribute or otherwise use, and to authorize third parties to use, any material received or maintained by Grantee in connection with this Agreement. This includes intellectual property, with or without thirdparty rights. All such usages will be for public library and State governmental purposes:
a. The copyright in any work developed under this grant, sub-grant, or contract under this grant or sub-grant; and
b. Any rights of copyright to which a Grantee, sub-grantee, or a contractor purchases ownership with grant support.
25. Limitation of Expenditure: Expenditure for all projects must conform to the grantee’s approved budget and with applicable State laws and regulations. The total amount paid by the California State Library to the Grantee under this agreement shall not exceed $ 5627 and shall be expended/encumbered in the designated award period.
During the award period, the grantee may find that the awarded budget may need to be modified. Budget changes, requests for additional funds, or requests for reductions in award funding must be discussed with the assigned State Library Grant Monitor and a Grant Award Modification may be required to be submitted according to the instructions. Approval is by the State Librarian or their designee. Adjustments should be reported on the next financial report. Any adjustments in approved budgets must be documented and documentation retained in project accounts.
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26. Lobbying: Grantee confirms that the grant funds will not be used for the purposes of lobbying or otherwise attempting to influence legislation, as those purposes are defined by the U.S. Internal Revenue Code of 1986.
27. Non-Discrimination Clause: During this grant period, the Grantee and the Grantee’s contractors, and subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, or military and veteran status. Grantee shall insure that the evaluation and treatment of contractors, employees and applicants for employment are free from such discrimination and harassment.
Additionally, Grantee, contractors, and subcontractors, if applicable, shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§ 11135-11139.5), and the regulations or standards adopted by the California State Library to implement such article.
Grantee shall permit access by representatives of the Department of Civil Rights and the California State Library upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or the California State Library shall require ascertaining compliance with this clause. Grantee, and its contractors, and subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Grantee shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under the Agreement.
28. Notices: All notices and other communications in connection with this Agreement shall be in writing, and shall be considered delivered as follows:
a. Electronic Mail (E-mail): When sent by e-mail to the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission.
b. DocuSign (e-signature platform): When sent via DocuSign a notification will be sent to the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission.
c. Grants Management System: When sent via / uploaded to the California State Library’s Grants Management System a notification will be sent to Docusign Envelope ID: 430D42A4-AEDB-4B1E-A511-451EF380A7A6 In Process
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the last e-mail address of the recipient known to the party giving notice.
Notice is effective upon transmission.
d. Personally: When delivered personally to the recipient’s physical address as stated in this Agreement.
e. U.S. Mail: Five days after being deposited in the U.S. Mail, postage prepaid, and addressed to recipient’s address as stated in this Agreement.
29. Order of Precedence: The performance of this Agreement shall be conducted in accordance with the Terms and Conditions, Procedures and Requirements, Certificate of Compliance, Project Summary, Activities Timeline, and Budget, of this Agreement, or other combination of exhibits specified on the Grant Agreement Coversheet attached hereto (collectively referred to as “Terms”).
Grantee’s California State Library-approved Application (Grantee’s Application) is hereby incorporated herein by this reference. In the event of conflict or inconsistency between the articles, exhibits, attachments, specifications or provisions that constitute this Agreement, the following order of precedence shall apply:
a. Grant Agreement Coversheet and any Amendments thereto b. Terms and Conditions
c. Procedures and Requirements
d. Certificate of Compliance
e. Project Summary
f. Grantee’s Application (including Budget and Activities Timeline) g. All other attachments hereto, including any that are incorporated by reference.
30. Payment:
a. The approved Budget, if applicable, is attached hereto and incorporated herein by this reference and states the maximum amount of allowable costs for each of the tasks identified in the Project Summary and Activity Timeline included in the project application. California State Library shall provide funding to the Grantee for only the work and tasks specified in the Grantee’s Application at only those costs specified in the Budget and incurred in the term of the Agreement.
b. The Grantee shall carry out the work described in the Work Plan or in the Grantee’s Application in accordance with the approved Budget and shall obtain the Grant Monitor’s written approval of any changes or modifications to the Work Plan, approved project as described in the Grantee’s Application, or the approved Budget prior to performing the changed work or incurring the changed cost. If the Grantee fails to obtain Docusign Envelope ID: 430D42A4-AEDB-4B1E-A511-451EF380A7A6 In Process
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such prior written approval, the State Librarian or designee, at his or her sole discretion, may refuse to provide funds to pay for such work or costs. c. The Grantee shall request funds in accordance with the funding schedule included in this agreement.
d. Ten percent (10%) will be withheld from the Payment Request (if applicable) and paid at the end of the grant term, when all reports and conditions stipulated in this Agreement have been satisfactorily completed. Failure by the grantee to satisfactorily complete all reports and conditions stipulated in this Agreement may result in forfeiture of any such funds withheld.
e. Lodgings, Meals and Incidentals: Grantee’s eligible costs are limited to the amounts authorized in the California State Administrative Manual (see Exhibit C or contact the Grant Monitor for more information). f. Payment will be made only to the Grantee.
g. Reimbursable expenses shall not be incurred unless and until the grantee receives a Notice to Proceed as described in the Procedures and Requirements.
31. Personal Jurisdiction: The Grantee consents to personal jurisdiction in the State of California for all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties.
Native American Tribal grantees expressly waive tribal sovereign immunity as a defense to any and all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties.
32. Personnel Costs: Any personnel expenditures to be paid for with grant funds must be computed based on actual time spent on grant-related activities and on the actual salary or equivalent hourly wage the employee is paid for their regular job duties, including a proportionate share of any benefits to which the employee is entitled.
33. Pledge: This Agreement shall not be interpreted to create any pledge or any commitment by the State Library to make any other or further grants or contributions to Grantee, or any other person or entity in connection with the Project. It is mutually agreed that Grantee is responsible for furnishing funds beyond the grant award that may be necessary to complete outcomes or deliverables.
34. Privacy Protection: Both parties agree to protect the confidentiality of any nonpublic, personal information that may be contained in materials received or produced in connection with this Agreement, as required by Civil Code, section 1798, et. seq.
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35. Prohibited Use: The expenditure under this program shall not be used to supplant Grantee efforts in other grant programs provided by the California State Library.
36. Public Records Act: Material maintained or used by the California State Library is considered “public record” under the Public Records Act (PRA) at Government Code, sections 6250, et. seq. This includes the Interim and Final reports, and any other written communications between the parties. Grantee agrees to ensure that all content contained in its written reports are appropriate for publication.
Said material, along with all other reports, documentation and data collected during the term of the Agreement, will be subject to disclosure unless it qualifies for exemption under the PRA in whole or in part. Grantee agrees to alert the State Library as to a basis for exemption, if any exists.
37. Publicity Obligations: Grantee will notify the State Library of any promotional materials or publications resulting from the grant no later than five (5) days in advance of distribution, whether they are print, film, electronic, or in any other format or medium. Copies of all promotional materials will be provided to the State Library. Grantee will acknowledge the State Library’s support as noted above. Grantee agrees that the State Library may include information about this grant and its outcomes in its own annual reports, with specific reference to Grantee, and may distribute such information to third parties.
38. Records: Communications, grant related documents, data, original receipts, and invoices must be maintained by Grantee and shall be made available to the State Library upon request. Grantee agrees to maintain adequate grant program records and adequate financial records consistent with generally accepted accounting practices, and to retain all records for at least five (5) years after the end-of-term. The State Library may monitor or conduct an onsite evaluation of Grantee’s operation to ensure compliance with this Agreement, with reasonable advance notice.
39. Reduction of Waste: In the performance of this Agreement, Grantee shall take all reasonable steps to ensure that materials purchased or utilized in the course of the project are not wasted. Steps should include, but not be limited to the use of used, reusable, or recyclable products; discretion in the amount of materials used; alternatives to disposal of materials consumed; and the practice of other waste reduction measures where feasible and appropriate.
40. Reimbursement Limitations: Under no circumstances shall the Grantee seek reimbursement pursuant to this Agreement for a cost or activity that has been or will be paid for through another funding source. The Grantee shall not seek reimbursement for any costs used to meet cost sharing or matching requirements of any other California State Library funded program.
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41. Reports and Claims: It is the responsibility of the grantee make the required reports and claims to the California State Library.
a. The grantee shall be responsible for submitting to the State Library Narrative Reports detailing progress and activities. The reports are due on the dates specified in the reporting schedule detailed in the Procedures and Requirements section.
b. The grantee shall be responsible for submitting to the State Library Financial Reports reflecting grantee expenditure activity. The reports are due on the dates specified in the reporting schedule detailed in the Procedures and Requirements section.
c. To obtain payment hereunder the grantee shall submit authorized claims provided by the State Library for that purpose, on each of the following mentioned dates for payment, and the California State Library agrees to reimburse the Library as soon thereafter as State fiscal procedures will permit.
d. The final 10% of the grant award (if applicable) is payable only upon approval of all final reports and receipt of claim form. Failure to provide timely reports is a serious breach of an award recipient’s administrative duty under the award.
e. Payment will be provided to cover the expenditures incurred by the grantee for the project in the following manner:
o $ 5627 upon execution of the agreement and submission of claim by the grantee organization.
o If applicable, second payment will be made after the submission and approval of the first reports and receipt of claim form in the amount of $ 0
o If applicable, final payment will be made upon approval of all final reports and receipt of claim form in the amount of 0.
42. Self-Dealing and Arm’s Length Transactions: All expenditures for which reimbursement pursuant to this Agreement is sought shall be the result of arm’slength transactions and not the result of, or motivated by, self-dealing on the part of the Grantee or any employee or agent of the Grantee. For purposes of this provision, “arm’s-length transactions” are those in which both parties are on equal footing and fair market forces are at play, such as when multiple vendors are invited to compete for an entity’s business and the entity chooses the lowest of the resulting bids. “Self-dealing” is involved where an individual or entity is obligated to act as a trustee or fiduciary, as when handling public funds, and chooses to act in a manner that will benefit the individual or entity, directly or indirectly, to the detriment of, and in conflict with, the public purpose for which all grant monies are to be expended.
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43. Severability: If any part of this Agreement is found to be unlawful or unenforceable, such provisions will be voided and severed from this Agreement, but the remainder of the provisions in the Agreement will remain in full force and effect.
44. Site Visits: The Grantee shall allow the California State Library to access and conduct site visits, with reasonable notice, at which grant funds are expended and related work being performed at any time during the performance of the work and for up to ninety (90) days after completion of the work, or until all issues related to the grant project have been resolved. A site visit may include, but not be limited to, monitoring the use of grant funds, provide technical assistance when needed, and to visit the State funded project.
45. Termination: The Agreement shall be subject to termination by the State Librarian or designee upon notice to the Grantee at least thirty (30) days prior to the effective date of termination. In the event this agreement is terminated, the Grantee shall deliver to the State Librarian copies of all reports, accounting, data, and materials prepared up to the date of termination. The State Librarian shall determine and pay the Grantee for necessary and appropriate expenditures and obligations up to the date of termination which have not been covered by prior installments previously paid to the Grantee. Upon such termination, the unused portion of the grant award must be returned to the California State Library within 45 days. If funding has been advanced to the Grantee, any unobligated balances, as determined by the State Librarian, shall be returned to the State Library within 45 days of the notice of termination.
46. Timeline: Time is of the essence to this Agreement. It is mutually agreed between the parties that the grant application and the timeline included therein are part of the Agreement.
47. Unused Funds: At the end-of-term Grantee agrees to return any unexpended or unaccounted for funds to the State Library, or to submit a written request for an extension of the grant period. Funds will be considered unexpended or unaccounted if they were: (1) not used for their intended purpose, or (2) used inconsistent with the terms of this Agreement.
Funds will also be considered unaccounted for, and must be returned, if the proposal outcomes or deliverables are materially incomplete by the end-of-term or earlier termination, as determined by the State Library in its sole discretion.
48. Waiver of Rights: California State Library shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed Docusign Envelope ID: 430D42A4-AEDB-4B1E-A511-451EF380A7A6 In Process
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by California State Library. No delay or omission on the part of California State Library in exercising any rights shall operate as a waiver of such right or any other right. A waiver by California State Library of a provision of this Agreement shall not prejudice or constitute a waiver of California State Library’s right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by California State Library, nor any course of dealing between California State Library and Grantee, shall constitute a waiver of any of California State Library’s rights or of any of grantee’s obligations as to any future transactions. Whenever the consent of California State Library is required under this Agreement, the granting of such consent by California State Library in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of California State Library.
49. Work Products: Grantee shall provide California State Library with copies of all final products identified in the Work Plan and Application. Grantee shall also provide the State Library with copies of all public education and advertising material produced pursuant to this Agreement.
50. Worker’s Compensation: The State of California will not provide Workers’ Compensation insurance for Grantee or Grantee’s employees or contract personnel. If Grantee hires employees to perform services required by this Agreement, Grantee shall provide Workers’ Compensation insurance for them.
The Grantee is aware of Labor Code Section 3700, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the Labor Code, and the Grantee agrees to comply with such provisions before commencing the performance of the work of this Agreement.
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EXHIBIT B: CERTIFICATION of COMPLIANCE FORM
1. AUTHORIZED REPRESENTATIVE: I certify that the authorized representative named below is the legally designated representative of the Grantee for this Grant Agreement and project and is authorized to receive and expend funds in order to administer this grant program.
2. I certify that all information provided to the California State Library for review in association with this award is correct and complete to the best of my knowledge, and as the authorized representative of the Grantee, I commit to the conditions of this award, and I have the legal authority to do so.
3. I certify that any or all other participants or contractors in the grant program have agreed to the terms of the application/grant award and have entered into an agreement(s) concerning the final disposition of equipment, facilities, and materials purchased for this program from the funds awarded for the activities and services described in the attached, as approved and/or as amended in the application by the California State Librarian.
4. The authorized representative, on behalf of the Grantee, certifies that the Grantee will comply with all applicable requirements of State and Federal laws, regulations, and policies governing this program, to include the requirements listed below in this Certification of Compliance Form.
5. The authorized representative, on behalf of the Grantee, hereby certifies to the California State Library, for an award of funds in the amount 5627. This award will provide library services as set forth in the Project Application as approved and/or as amended by the California State Librarian.
6. STATEMENT OF COMPLIANCE: Grantee has, unless exempted, complied with the non-discrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102).
7. DRUG-FREE WORKPLACE REQUIREMENTS: Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drugfree workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
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b. Establish a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free workplace;
3) any available counseling, rehabilitation and employee assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and,
2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.
Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Grantee may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Grantee has made false certification or violated the certification by failing to carry out the requirements as noted above. (Gov. Code § 8350 et. seq.)
8. CONFLICT OF INTEREST: Grantee needs to be aware of the following provisions regarding current or former state employees. If Grantee has any questions on the status of any person rendering services or involved with the Agreement, the California State Library must be contacted immediately for clarification.
Current State Employees (Pub. Contract Code § 10410):
a. No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.
b. No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.
Former State Employees (Pub. Contract Code § 10411):
a. For the two-year period from the date, he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. b. For the twelve-month period from the date, he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as Docusign Envelope ID: 430D42A4-AEDB-4B1E-A511-451EF380A7A6 In Process
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the proposed contract within the 12-month period prior to his or her leaving state service.
If Grantee violates any provisions of above paragraphs, such action by Grantee shall render this Agreement void. (Pub. Contract Code § 10420).
Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub.
Contract Code § 10430 (e)).
9. LABOR CODE/WORKERS' COMPENSATION: Grantee needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code § 3700).
10. AMERICANS WITH DISABILITIES ACT: Grantee assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et. seq.)
11. RESOLUTION: For awards totaling $350,000 or more, a county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.
12. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all Grantees that are not another state agency or other governmental entity.
13. DRUG FREE WORKPLACE:
a. Continue to provide a drug-free workplace by complying with the requirements in 2 C.F.R. part 3186 (Requirements for Drug-Free Workplace (Financial Assistance)). In particular, the recipient must comply with drugfree workplace requirements in subpart B of 2 C.F.R. part 3186, which adopts the Government-wide implementation (2 C.F.R. part 182) of sections 5152-5158 of the Drug-Free Workplace Act of 1988 (P. L. 100-690, Title V, Subtitle D; 41 U.S.C. §§ 701-707).
b. This includes but is not limited to: making a good faith effort, on a continuing basis, to maintain a drug-free workplace; publishing a drugfree workplace statement; establishing a drug-free awareness program for the employees; taking actions concerning employees who are convicted of violating drug statutes in the workplace.
14. ACCESSIBILITY: The organization receiving this award, as listed in the certification section below, and all program staff, will ensure all project materials will meet California accessibility standards.
Docusign Envelope ID: 430D42A4-AEDB-4B1E-A511-451EF380A7A6 In Process
Santa Fe Springs City Libary
ZIP 24-75 Santa Fe Springs City Libary
2024-2025 ZIP24-75
15. NON-DISCRIMINATION: The organization receiving this award, as listed in the certification section below, and all program staff, agree to comply with all California non-discrimination laws.
16. ACKNOWLEDGEMENT: The organization receiving this award, as listed in the certification section below, and all program staff, agree to comply with California State Library acknowledgement requirements.
Docusign Envelope ID: 430D42A4-AEDB-4B1E-A511-451EF380A7A6 In Process
Santa Fe Springs City Libary
ZIP 24-75 Santa Fe Springs City Libary
2024-2025 ZIP24-75
Certification
ORGANIZATION
Name: Address (official and complete):
PROJECT COORDINATOR
Name:
Email: Phone:
GRANTTEE AUTHORIZED REPRESENTATIVE
Name: Title:
Email: Phone:
Signature: Date:
Docusign Envelope ID: 430D42A4-AEDB-4B1E-A511-451EF380A7A6 Deborah Raia
[email protected]
In Process
Santa Fe Springs City Libary
ZIP 24-75 Santa Fe Springs City Libary
2024-2025 ZIP24-75
Authorized Representative Signature
ORGANIZATION
Name: Address (official and complete):
AUTHORIZED REPRESENTATIVE
Signature: Date:
Printed Name of Person Signing: Title:
STATE OF CALIFORNIA
Agency Name: California State Library Address: 900 N Street, Sacramento, CA 95814 Signature: Date:
Printed Name of Person Signing: Title: California State Librarian Docusign Envelope ID: 430D42A4-AEDB-4B1E-A511-451EF380A7A6 10/4/2024
Greg Lucas
Deborah Raia
In Process
Santa Fe Springs City Libary
ZIP 24-75 Santa Fe Springs City Libary
2024-2025 ZIP24-75
April 25, 2022
RE: Contractor and Grantee Compliance with Economic Sanctions Imposed in Response to Russia’s Actions in Ukraine
Dear Grantee,
You are receiving this notification because you currently have an active grant through the California State Library.
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (EO) regarding sanctions in response to Russian aggression in Ukraine. The EO is located at https://www.gov.ca.gov/wpcontent/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf.
The EO directs all agencies and departments that are subject to the Governor’s authority to take certain immediate steps, including notifying all contractors and grantees of their obligations to comply with existing economic sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law.
This correspondence serves as a notice under the EO that as a contractor or grantee, compliance with the economic sanctions imposed in response to Russia’s actions in Ukraine is required, including with respect to, but not limited to, the federal executive orders identified in the EO and the sanctions identified on the U.S. Department of the Treasury website (https://home.treasury.gov/policy-issues/financialsanctions/sanctions-programs-and-country-information/ukraine-russia-related-sanctions). Failure to comply may result in the termination of contracts or grants, as applicable.
Please note that for any agreements or grants valued at $5 million or more, a separate notification will be sent outlining additional requirements specified under the EO.
Annly Roman
California State Library
900 N Street
Sacramento, CA 95814
Docusign Envelope ID: 430D42A4-AEDB-4B1E-A511-451EF380A7A6 In Process
CALIFORNIA LIBRARY SERVICES ACT
FINANCIAL CLAIM
PAYMENT IN FULL
CERTIFICATION
I hereby certify under penalty of perjury: that I am the duly authorized representative of the claimant herein; that this claim is in all respects true, correct and in accordance with law and the terms of the agreement; and that payment has not previously been received for the amount claimed herein.
By
(Signature of the Authorized Representative)
(Print Name) (Title)
*Legal payee name must match the payee’s federal tax return. Warrant will be made payable to payee name. Payee discrepancies in name and/or address may cause delay in payment. If you need to change payee name and/or address, please contact Fiscal Services at [email protected].
State of California, State Library Fiscal Office
ENY: 2024 ITEM NO: 6120-211-0001, Chapter 22, Statutes of 2024 PURCHASING AUTHORITY NUMBER: CSL-6120 REPORTING STRUCTURE: 61202000 COA: 5432000 PROGRAM #: 5312
FAIN: LS or N/A
By Date
(State Library Representative)
Grant Award #: ZIP24-75 Date:
Invoice #: ZIP24-75-01 PO #: 7701
Payee Name: Santa Fe Springs City Libary
(Legal name of authorized agency to receive, disburse and account for funds*) Complete Address:
Street Address, City, State, Zip Code (Warrant will be mailed to this address) Amount Claimed: $5,627 Type of Payment:
(Payable Upon Execution of Agreement) ☐ PROGRESS
Grantee Name: Santa Fe Springs City Libary ☐ FINAL
(Name on Award Letter and Agreement) ☒ IN FULL
Project Title: Zip Books Project ☐ AUGMENT
For Period From: upon execution to end of grant period
Docusign Envelope ID: 430D42A4-AEDB-4B1E-A511-451EF380A7A6 Deborah Raia
In Process
STATE OF CALIFORNIA – DEPARTMENT OF FINANCE
PAYEE DATA RECORD
(Required when receiving payment from the State of California in lieu of IRS W-9 or W-7) STD 204 (Rev. 03/2021)
Section 1 – Payee Information
NAME (This is required. Do not leave this line blank. Must match the payee’s federal tax return) BUSINESS NAME, DBA NAME or DISREGARDED SINGLE MEMBER LLC NAME (If different from above) MAILING ADDRESS (number, street, apt. or suite no.) (See instructions on Page 2)
CITY, STATE, ZIP CODE E-MAIL ADDRESS
Section 2 – Entity Type
Check one (1) box only that matches the entity type of the Payee listed in Section 1 above. (See instructions on page 2) ☐ SOLE PROPRIETOR / INDIVIDUAL CORPORATION (see instructions on page 2) ☐ ☐ MEDICAL (e.g., dentistry, chiropractic, etc.) SINGLE MEMBER LLC Disregarded Entity owned by an individual ☐ PARTNERSHIP
☐ ESTATE OR TRUST
☐ LEGAL (e.g., attorney services)
☐ EXEMPT (e.g., nonprofit)
☐ ALL OTHERS
Section 3 – Tax Identification Number
Enter your Tax Identification Number (TIN) in the appropriate box. The TIN must match the name given in Section 1 of this form. Do not provide more than one (1) TIN.
The TIN is a 9-digit number. Note: Payment will not be processed without a TIN. •
•
•
•
•
•
For Individuals, enter SSN.
If you are a Resident Alien, and you do not have and are not eligible to get an SSN, enter your ITIN.
Grantor Trusts (such as a Revocable Living Trust while the grantors are alive) may not have a separate FEIN. Those trusts must enter the individual grantor’s SSN.
For Sole Proprietor or Single Member LLC (disregarded entity), in which the sole member is an individual, enter SSN (ITIN if applicable) or FEIN (FTB prefers SSN).
For Single Member LLC (disregarded entity), in which the sole member is a business entity, enter the owner entity’s FEIN. Do not use the disregarded entity’s FEIN.
For all other entities including LLC that is taxed as a corporation or partnership, estates/trusts (with FEINs), enter the entity’s FEIN.
Social Security Number (SSN) or
Individual Tax Identification Number (ITIN)
___ ___ ___ -___ ___ - ___ ___ ___ ___
OR
Federal Employer Identification Number
(FEIN)
___ ___ - ___ ___ ___ ___ ___ ___ ___
Section 4 – Payee Residency Status (See instructions)
☐ CALIFORNIA RESIDENT – Qualified to do business in California or maintains a permanent place of business in California. ☐ CALIFORNIA NONRESIDENT – Payments to nonresidents for services may be subject to state income tax withholding. ☐No services performed in California
☐Copy of Franchise Tax Board waiver of state withholding is attached.
Section 5 – Certification
I hereby certify under penalty of perjury that the information provided on this document is true and correct.
Should my residency status change, I will promptly notify the state agency below.
NAME OF AUTHORIZED PAYEE REPRESENTATIVE TITLE E-MAIL ADDRESS SIGNATURE DATE TELEPHONE (include area code)
Section 6 – Paying State Agency
Please return completed form to:
STATE AGENCY/DEPARTMENT OFFICE UNIT/SECTION
MAILING ADDRESS FAX TELEPHONE (include area code)
CITY STATE ZIP CODE E-MAIL ADDRESS
Print Form Reset Form
Docusign Envelope ID: 430D42A4-AEDB-4B1E-A511-451EF380A7A6 900 N Street
Ca. State Library
Sacramento 95814 [email protected]
916-603-7157
Admin/Accoutning
CA
In Process
STATE OF CALIFORNIA – DEPARTMENT OF FINANCE
PAYEE DATA RECORD
(Required when receiving payment from the State of California in lieu of IRS W-9 or W-7) STD 204 (Rev. 03/2021)
GENERAL INSTRUCTIONS
Type or print the information on the Payee Data Record, STD 204 form. Sign, date, and return to the state agency/department office address shown in Section 6.
Prompt return of this fully completed form will prevent delays when processing payments.
Information provided in this form will be used by California state agencies/departments to prepare Information Returns (Form1099).
NOTE: Completion of this form is optional for Government entities, i.e. federal, state, local, and special districts.
A completed Payee Data Record, STD 204 form, is required for all payees (non-governmental entities or individuals) entering into a transaction that may lead to a payment from the state. Each state agency requires a completed, signed, and dated STD 204 on file; therefore, it is possible for you to receive this form from multiple state agencies with which you do business.
Payees who do not wish to complete the STD 204 may elect not to do business with the state. If the payee does not complete the STD 204 and the required payee data is not otherwise provided, payment may be reduced for federal and state backup withholding. Amounts reported on Information Returns (Form 1099) are in accordance with the Internal Revenue Code (IRC) and the California Revenue and Taxation Code (R&TC).
Section 1 – Payee Information
Name – Enter the name that appears on the payee's federal tax return. The name provided shall be the tax liable party and is subject to IRS TIN matching (when applicable).
• Sole Proprietor/Individual/Revocable Trusts – enter the name shown on your federal tax return. • Single Member Limited Liability Companies (LLCs) that is disregarded as an entity separate from its owner for federal tax purposes - enter the name of the individual or business entity that is tax liable for the business in section 1. Enter the DBA, LLC name, trade, or fictitious name under Business Name. • Note: for the State of California tax purposes, a Single Member LLC is not disregarded from its owner, even if they may be disregarded at the Federal level. • Partnerships, Estates/Trusts, or Corporations – enter the entity name as shown on the entity’s federal tax return. The name provided in Section 1 must match to the TIN provided in section 3. Enter any DBA, trade, or fictitious business names under Business Name.
Business Name – Enter the business name, DBA name, trade or fictitious name, or disregarded LLC name.
Mailing Address – The mailing address is the address where the payee will receive information returns. Use form STD 205, Payee Data Record Supplement to provide a remittance address if different from the mailing address for information returns, or make subsequent changes to the remittance address.
Section 2 – Entity Type
If the Payee in Section 1 is a(n)… THEN Select the Box for… Individual ● Sole Proprietorship ● Grantor (Revocable Living) Trust disregarded for federal tax purposes Sole Proprietor/Individual Limited Liability Company (LLC) owned by an individual and is disregarded for federal tax purposes Single Member LLC-owned by an individual Partnerships ● Limited Liability Partnerships (LLP) ● and, LLC treated as a Partnership Partnerships Estate ● Trust (other than disregarded Grantor Trust) Estate or Trust Corporation that is medical in nature (e.g., medical and healthcare services, physician care, nursery care, dentistry, etc. ● LLC that is to be taxed like a Corporation and is medical in nature Corporation-Medical
Corporation that is legal in nature (e.g., services of attorneys, arbitrators, notary publics involving legal or law related matters, etc.) ● LLC that is to be taxed like a Corporation and is legal in nature Corporation-Legal
Corporation that qualifies for an Exempt status, including 501(c) 3 and domestic non-profit corporations. Corporation-Exempt Corporation that does not meet the qualifications of any of the other corporation types listed above ● LLC that is to be taxed as a Corporation and does not meet any of the other corporation types listed above Corporation-All Other
Section 3 – Tax Identification Number
The State of California requires that all parties entering into business transactions that may lead to payment(s) from the state provide their Taxpayer Identification Number (TIN). The TIN is required by R&TC sections 18646 and 18661 to facilitate tax compliance enforcement activities and preparation of Form 1099 and other information returns as required by the IRC section 6109(a) and R&TC section 18662 and its regulations.
Section 4 – Payee Residency Status
Are you a California resident or nonresident?
• A corporation will be defined as a "resident" if it has a permanent place of business in California or is qualified through the Secretary of State to do business in California.
• A partnership is considered a resident partnership if it has a permanent place of business in California. • An estate is a resident if the decedent was a California resident at time of death. • A trust is a resident if at least one trustee is a California resident. o For individuals and sole proprietors, the term "resident" includes every individual who is in California for other than a temporary or transitory purpose and any individual domiciled in California who is absent for a temporary or transitory purpose. Generally, an individual who comes to California for a purpose that will extend over a long or indefinite period will be considered a resident. However, an individual who comes to perform a particular contract of short duration will be considered a nonresident.
For information on Nonresident Withholding, contact the Franchise Tax Board at the numbers listed below:
Withholding Services and Compliance Section: 1-888-792-4900 E-mail address: [email protected] For hearing impaired with TDD, call: 1-800-822-6268 Website: www.ftb.ca.gov Section 5 – Certification
Provide the name, title, email address, signature, and telephone number of individual completing this form and date completed. In the event that a SSN or ITIN is provided, the individual identified as the tax liable party must certify the form. Note: the signee may differ from the tax liable party in this situation if the signee can provide a power of attorney documented for the individual.
Section 6 – Paying State Agency
This section must be completed by the state agency/department requesting the STD 204.
Privacy Statement
Section 7(b) of the Privacy Act of 1974 (Public Law 93-579) requires that any federal, state, or local governmental agency, which requests an individual to disclose their social security account number, shall inform that individual whether that disclosure is mandatory or voluntary, by which statutory or other authority such number is solicited, and what uses will be made of it. It is mandatory to furnish the information requested. Federal law requires that payment for which the requested information is not provided is subject to federal backup withholding and state law imposes noncompliance penalties of up to $20,000. You have the right to access records containing your personal information, such as your SSN. To exercise that right, please contact the business services unit or the accounts payable unit of the state agency(ies) with which you transact that business.
All questions should be referred to the requesting state agency listed on the bottom front of this form.
Docusign Envelope ID: 430D42A4-AEDB-4B1E-A511-451EF380A7A6 In Process
ITEM # 41
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: Maricela Balderas, Director of Community Services
SUBJECT: PROPOSITION A DISCRETIONARY INCENTIVE GRANT PROGRAM MEMORANDUM OF UNDERSTANDING FOR REPORT YEAR 2022
DATE: November 12, 2024
RECOMMENDATION:
It is recommended that the City Council:
1) Authorize the City Manager to execute the Memorandum of Understanding (MOU) with the Los Angeles County Metropolitan Transportation Authority (LACMTA) for the Proposition A Discretionary Incentive Grant Program National Transit Database (NTD) for report year 2022; and
2) Approve the recognition of $8,812 in Proposition A grant funds awarded for our voluntary collection and reporting of FY 2021-22 ridership data. These funds will be recorded in the Special County Transit Tax Fund, account 2410-2427; and 3) Establish a corresponding expense allocation of $8,812 in the Community Services – Transit Services activity expenditure account (No.10105850-521000) to support cost of collection and reporting data; and
4) Take such additional, related, action that may be desirable.
FISCAL IMPACT
Entering into the MOU with LACMTA entitles the City to collect $8,812 of Proposition A funds for the voluntarily collecting and reporting of Fiscal Year (FY) 2021-22 ridership data. The money will be deposited into the Special County Transit Tax Funds Account 2410-2427, with restricted use for transit expenditures in account (No. 10105850-521000) per Proposition A guidelines.
CITY COUNCIL AGENDA REPORT – MEETING OF NOVEMBER 12, 2024
PROPOSITION A DISCRETIONARY INCENTIVE GRANT PROGRAM
MEMORANDUM OF UNDERSTANDING FOR REPORT YEAR 2022
BACKGROUND
On November 14, 1980, the voters of the County of Los Angeles approved by majority vote Proposition A, establishing a one-half percent sale tax for public transit purposes.
The City is entitled to funds under Proposition A Discretionary Incentive program for collecting and reporting data for the NTD from the FY 2021-22 report year.
ANALYSIS
N/A
ENVIRONMENTAL
N/A
DISCUSSION
On April 1, 2024, the Federal Transit Administration (FTA) published in the Federal Register the FY 2023-24 apportionments, allocations, and program information including unit values for the data reported to the NTD. At its June 22, 2023 meeting, LACMTA approved the Fiscal Year FY 2023-24 transit fund allocations, which included an $8,812 payment to the City of Santa Fe Springs for voluntarily collecting and reporting data the NTD for FY 2021-22.
SUMMARY/NEXT STEPS
Upon approval of the recommended actions, City Staff will submit an invoice to LACTMA in the amount of $8,812 for voluntarily collecting and reporting data of the City’s demand response services for FY2021-22 to the NTD.
ATTACHMENTS:
A. MOUPAISFE2400
ITEM STATUS:
APPROVED: ☐
DENIED: ☐
TABLED: ☐
DIRECTION GIVEN: ☐
MOUPAISFES24000
PROPOSITION A DISCRETIONARY INCENTIVE GRANT PROGRAM
MEMORANDUM OF UNDERSTANDING
FOR COLLECTING AND REPORTING DATA FOR THE
NATIONAL TRANSIT DATABASE
FOR REPORT YEAR 2022
This Memorandum of Understanding (MOU) is entered into as of May 1, 2024 by and between Los Angeles County Metropolitan Transportation Authority (“LACMTA”) and the City of Santa Fe Springs (the “City”).
WHEREAS, on November 14, 1980, the voters of the County of Los Angeles approved by majority vote Proposition A, an ordinance establishing a one-half percent sales tax for public transit purposes; and
WHEREAS, at its September 26, 2001 meeting, the LACMTA authorized payment of Proposition A Discretionary Incentive funds to each participating agency in an amount equal to the Federal funds generated for the region by each agency’s reported data; and WHEREAS, at its June 22, 2023 meeting, LACMTA approved the Fiscal Year FY 2023-24 transit fund allocations, which included funds to make payments to all cities that voluntarily reported NTD data for FY 2021-22; and
WHEREAS, the City has voluntarily submitted their FY2021-22 data to the National Transit Database (NTD) and have successfully met all NTD and Federal Transit Administration (FTA) requirements in order to generate Federal 5307 funds for the Los Angeles County region; and
WHEREAS, the City has requested funds under the Proposition A Discretionary Incentive Program for collecting and reporting data for the NTD from the FY 2021-22 Report Year (the “Project”); and
WHEREAS, on April 1, 2024, the Federal Transit Administration (FTA) published in the Federal Register the FY 2023-24 Apportionments, Allocations, and Program Information including unit values for the data reported to the NTD; and WHEREAS, the parties desire to agree on the terms and conditions for payment for the Project.
NOW, THEREFORE, LACMTA and the City hereby agree to the following terms and procedures:
ARTICLE 1. TERM
1.0 This Memorandum of Understanding (“MOU”) will be in effect from May 1, 2024, through June 30, 2027 at which time all unused funds shall lapse.
ARTICLE 2. STANDARDS
2.0 To receive payment for the submittal of the FY 2021-22 NTD statistics, the City warrants that it:
A. Adhered to the Federal Guidelines for collecting and Reporting NTD statistics including all audit requirements;
B. Prepared and submitted the FY 2021-22 ANNUAL NTD REPORT of the City’s fixed-route and/or demand response transit service to the NTD on or before October 31, 2022;
C. Prepared and submitted the FY 2021-22 ANNUAL NTD REPORT of the City’s fixed-route and/or demand response transit service to the LACMTA on or before February 15, 2023;
ARTICLE 3. PAYMENT OF FUNDS TO CITY
3.0 LACMTA shall pay the City for collecting and reporting FY 2021-22 NTD statistics.
LACMTA shall pay the City for submitting the FY 2021-22 ANNUAL NTD REPORT for the applicable transit services as follows:
DIAL-A-RIDE SERVICE
For City’s dial-a-ride service, LACMTA shall pay an amount equal to the 12570 revenue vehicle miles reported by the City multiplied by the FTA unit value of
0.70102255316358331 per revenue vehicle mile. See Attachment A for detail.
3.1 The City shall submit one invoice to LACMTA prior to June 30, 2027, in the amount of $8,812 to receive its payment described above.
3.2 INVOICE BY CITY:
Send invoice with supporting documentation to:
Los Angeles County Metropolitan Transportation Authority Accounts Payable
P. O. Box 512296
Los Angeles, CA 90051-0296
[email protected]
Re: LACMTA MOU# MOUPAISFES24000 M.S. Chelsea Meister (99-4-3) ARTICLE 4. CONDITIONS
4.0 The City agrees to comply with all requirements specified by the FTA guidelines for reporting NTD statistics.
4.1 The City understands and agrees that LACMTA shall have no liability in connection with the City’s use of the funds. The City shall indemnify, defend, and hold harmless LACMTA and its officers, agents, and employees from and against any and all liability and expenses including defense costs and legal fees and claims for damages of any nature whatsoever, arising out of any act or omission of the City, its officers, agents, employees, and subcontractors in performing the services under this MOU.
4.2 The City is not a contractor, agent or employee of LACMTA. The City shall not represent itself as a contractor, agent or employee of LACMTA and shall have no power to bind LACMTA in contract or otherwise.
4.3 The City agrees that expenditure of the Proposition A Discretionary Incentive funds will be used for projects that meet the eligibility, administrative, audit and lapsing requirements of the Proposition A and Proposition C Local Return guidelines most recently adopted by the LACMTA Board.
4.4 These expenditures will be subject to AUDIT as part of LACMTA’s annual Consolidated Audit.
ARTICLE 5. REMEDIES
5.0 LACMTA reserves the right to terminate this MOU and withhold or recoup funds if it determines that the City has not met the requirements specified by the FTA for collecting and submitting NTD statistics through LACMTA.
ARTICLE 6. MISCELLANEOUS
6.0 This MOU constitutes the entire understanding between the parties, with respect to the subject matter herein.
6.1 The MOU shall not be amended, nor any provisions or breach hereof waived, except in writing signed by the parties who agreed to the original MOU or the same level of authority.
ARTICLE 7. CONTACT INFORMATION
7.0 LACMTA's Address:
Los Angeles County Metropolitan Transportation Authority One Gateway Plaza
Los Angeles, CA 90012
Attention: Chelsea Meister (99-21-3)
[email protected]
7.1 City’s Address:
Santa Fe Springs
11710 Telegraph Rd.
Santa Fe Springs,CA 90670
Attn: Jose Barrios
[email protected]
IN WITNESS WHEREOF, the City and LACMTA have caused this MOU to be executed by their duly authorized representatives on the date noted below:
CITY:
City of Santa Fe Springs Los Angeles County Metropolitan Transportation Authority
_________________________ By: ___________________________ STEPHANIE N. WIGGINS
Mayor/City Manager Chief Executive Officer
Date: ____________________ Date: _______________________ APPROVED AS TO FORM: APPROVED AS TO FORM:
DAWYN R. HARRISON
County Counsel
By: _____________________ By: ____________________
Legal Counsel Deputy
Date: ____________________ Date: __________________
ATTACHMENT A
LACMTA Voluntary NTD Reporting Program for FY22
Using FY24 FTA Formula Programs Apportionment Data Values Jurisdiction MODE
Total Vehicle
Revenue Miles $ from VRM
Tier II
Operator
Deduction
Total ($)Due
to
Jurisdiction
Alhambra MB 168,115 117,852.41 117,852 178,639
Alhambra DR 86,711 60,786.37 60,786
Artesia DR (DT) 3,956 2,773.25 2,773
Azusa DR 28,615 20,059.76 20,060
Baldwin Park MB 173,378 121,541.89 121,542 139,086
Baldwin Park DR 25,027 17,544.49 17,544
Bell MB 33,351 23,379.80 23,380
Bell DR 14,950 10,480.29 10,480
Bellflower MB 72,617 50,906.15 50,906 58,146
Bellflower DR 10,327 7,239.46 7,239
Bell Gardens MB 91,237 63,959.19 63,959 81,790
Bell Gardens DR 25,435 17,830.51 17,831
Burbank MB 212,160 148,728.94 (19,766) 128,963
Calabasas MB 65,374 45,828.65 45,829 51,463
Calabasas DR 8,037 5,634.12 5,634
Carson MB 13,788 9,665.70 9,666 56,301
Carson DT 66,524 46,634.82 46,635
Cerritos MB 100,933 70,756.31 70,756 97,359
Cerritos DR 37,948 26,602.40 26,602
Compton MB 185,493 130,034.78 130,035 130,192
Compton DR 224 157.03 157
Covina DR 43,672 30,615.06 30,615
Cudahy MB 33,395 23,410.65 23,411 30,244
Cudahy DR 9,747 6,832.87 6,833
Downey MB 103,313 72,424.74 72,425 101,291
Downey DR 41,178 28,866.71 28,867
Duarte MB DID NOT REPORT F - -
El Monte MB 221,303 155,138.39 155,138 192,668
El Monte DR 53,536 37,529.94 37,530
Glendora MB 44,811 31,413.52 31,414 61,485
Glendora DR 42,896 30,071.06 30,071
Huntington Park MB 147,119 103,133.74 103,134 132,064
Huntington Park DT 41,268 28,929.80 28,930
LACDPWAvocado MB 39,129.00 27,430.31 27,430
LACDPWELA MB 226,843.00 159,022.06 159,022
LACDPWELA DR 32,646.00 22,885.58 22,886 181,908
LACDPWEast Valinda MB 44,279.00 31,040.58 31,041
LACDPWKing Medical MB 37,428.00 26,237.87 26,238
LACDPWWillowbrook Shuttle MB 73,799.00 51,734.76 51,735 542,348 LACDPWS.Whittier MB 196,000.00 137,400.42 137,400
LACDPWAthens MB 36,721.00 25,742.25 25,742
LACDPWLennox MB 30,216.00 21,182.10 21,182
LACDPWFloranceFirestone MB 56,592.00 39,672.27 39,672
Lakewood DR 52,213 36,602.49 36,602
Lawndale MB DID NOT REPORT F - -
Lynwood MB 147,420 103,344.74 103,345
Malibu DT 5,867 4,112.90 4,113
ManhattanBeach DR 22,484 15,761.79 15,762
Maywood MB 31,380 21,998.09 21,998 32,276
Maywood DR 14,662 10,278.39 10,278
MontereyPark MB - - - 11,785
MontereyPark DR 16,811 11,784.89 11,785
Pico Rivera DR 8,765 6,144.46 6,144
Rosemead MB 104,818 73,479.78 73,480 94,855
Rosemead DR 30,491 21,374.88 21,375
Santa Fe Springs DR 12,570 8,811.85 8,812
South Gate MB 118,783 83,269.56 83,270 160,309
South Gate DT 109,896 77,039.57 77,040
SouthPasadena DR 20,054 14,058.31 14,058
WestCovina MB 155,047 108,691.44 108,691 135,451
WestCovina DR 38,172 26,759.43 26,759
West Hollywood MB 114,445 80,229 80,229
Total 3,869,524 2,792,852 (19,766) 2,773,086
FY24 Revenue Mile Rate 0.701022553
ATTACHMENT A
LACMTA Voluntary NTD Reporting Program for FY '22
Using FY '24 FTA Formula Programs Apportionment Data Unit Values Jurisdiction MODE
Total Vehicle
Revenue Miles
Total Vehicle
Revenue Hours
Total Passenger
Miles
Total Operating
Costs $ from VRM $from OPCOST Total Generated
Total ($)Due to
Jursd Before
Tier 2
Deduction
Tier II
Operator
Deduction
Total ($)Due to
Jurisdiction
Glendale MB 871,699 100,417 1,127,888 10,012,370 611,080.66 8,770 $ 619,851 619,851 (82,378) 537,473 Pasadena MB 739,633 71,223 1,905,376 6,777,893 518,499.41 36,974 $ 555,473 555,473 (73,822) 481,651 LADOT COMMUNITY DASH MB 4,118,894 292,898 11,327,239 40,076,119 2,887,437 220,998 $ 3,108,436 3,108,436 (413,110) 2,695,326 LADOT DEPARTMENT OF AGING DR 169,282 28,228 306,343 3,955,395 118,670 1,638 $ 120,308 120,308 120,308 Total LADOT 4,288,176 321,126 11,633,582 44,031,514 3,006,108 222,636 $ 3,228,744 3,228,744 2,815,634 - -
Total NTD 5307 Funds 5,899,508 492,766 14,666,846 60,821,777 4,135,688 268,380 4,404,068 4,404,068 (569,310) 3,834,758 -
FY24 Revenue Mile Rate *
FY24 Passenger Mile Rate
0.7010226
0.0690283
ITEM # 42
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: Gus Hernandez, Director of Parks & Recreation
SUBJECT: APPROVAL OF A MEMORANDUM OF UNDERSTANDING BY AND
BETWEEN THE CITY OF SANTA FE SPRINGS AND THE WHITTIER
UNION HIGH SCHOOL DISTRICT REGARDING COLLABORATION AND
FINANCIAL COMMITMENT TO THE PROPOSED ATHLETIC FACILITIES
PROJECT AT SANTA FE HIGH SCHOOL
DATE: November 12, 2024
RECOMMENDATION(S):
It is recommended that the City Council:
1) Approve the attached Memorandum of Understanding By and Between the City of Santa Fe Springs and the Whittier Union High School District Regarding Collaboration and Financial Commitment to the Proposed Athletic Facilities Project at Santa Fe High School; and
2) Appropriate $1.76 million from the City’s Utility Users Tax to fund the City’s contribution to this project
3) Directs the City Attorney to make clarifying changes necessary to effectuate the intent of the Agreement; and
4) Take such additional, related action that may be desirable.
FISCAL IMPACT
The proposed project has an estimated cost range of $2 to $2.2 million. Under the terms of the MOU, the City will contribute up to 80% of the project cost, amounting to a maximum of $1.76 million, contingent upon City Council approval. This financial commitment reflects the City’s interest in supporting community enhancements while ensuring that public resources align with broader community service goals. The remaining 20%, estimated between $400,000 to $440,000, will be funded by the Whittier Union High School District, CITY COUNCIL AGENDA REPORT – MEETING OF NOVEMBER 12, 2024
or other funding sources. Additionally, the MOU includes flexibility for the City to negotiate adjustments to its funding share in response to any future modifications in project scope, costs, or other unforeseen considerations that may arise as the project progresses.
BACKGROUND
On October 1, 2024, representatives from the City of Santa Fe Springs and the Whittier Union High School District met to discuss a collaborative project aimed at improving Santa Fe High School’s track and field facilities. Both parties recognized the value of these enhancements to the community, with proposed upgrades including the installation of lighting and the construction of a walkway to improve accessibility. The MOU formalizes this partnership and specifies each entity's financial and operational responsibilities, with a shared goal of supporting community health, safety, and accessibility.
The City has taken a proactive stance in exploring partnerships that benefit local residents and complement the City’s existing recreational services. The District has agreed to ensure that lighting infrastructure is incorporated into the early phases of renovations to reduce disruptions and align with the City’s and District’s shared commitment to maintaining high-quality, accessible spaces.
ANALYSIS
The lighting and walkway improvements at Santa Fe High School’s track and field facilities are expected to enhance both safety and usability, allowing extended access hours for school and public events. As a key partner, the City has committed to funding up to 80% of the project costs, reinforcing its commitment to fostering community wellness and encouraging active lifestyles. The District will be responsible for project oversight, which includes planning, design, and construction management.
Key responsibilities are outlined as follows:
Financial Contributions: The City will fund a maximum of $1.76 million, while the District is committed to covering at least 20% of the costs. This structure allows the City to significantly support the project while encouraging the District’s investment in its own facilities.
Project Execution and Maintenance: The District will oversee all aspects of project execution, ensuring that initial renovations accommodate lighting infrastructure in the earliest stages to prevent disruption to new field surfaces. The District will also provide routine maintenance of the facilities post-completion, with major repairs shared equally between the City and the District. Community Access and Joint Use: Upon completion, a Joint Use Agreement will be established, ensuring that the facilities remain accessible to the public outside of school hours while prioritizing both community use and the District’s scheduled activities.
CITY COUNCIL AGENDA REPORT – MEETING OF NOVEMBER 12, 2024
ENVIRONMENTAL
The Whittier Union High School District will be responsible for preparing all necessary environmental reports and ensuring compliance with the California Environmental Quality Act (CEQA) requirements for this project. This responsibility includes conducting any necessary assessments and addressing mitigation measures, ensuring that the project adheres to state environmental standards.
DISCUSSION
This partnership emphasizes the City’s commitment to providing quality recreational resources by working collaboratively to expand and enhance existing facilities. By engaging in this project, the City and District align their interests in fostering safer, more accessible public spaces that support community health and engagement. The improvements will provide lasting benefits, extending beyond school use to serve the broader Santa Fe Springs community.
SUMMARY/NEXT STEPS
Pending City Council approval, the Whittier Union High School District Board will also review and approve the MOU. Once both approvals are secured, the City will proceed with funding allocation, and the District will initiate architectural revisions to incorporate lighting and walkway improvements. Both entities will work collaboratively to ensure timely updates and quality project execution. Upon completion, a Joint Use Agreement will formalize shared responsibilities for facility use and maintenance, furthering the partnership’s commitment to community benefit.
ATTACHMENT(S):
A. Memorandum of Understanding By and Between the City of Santa Fe Springs and the Whittier Union High School District
ITEM STATUS:
APPROVED:
DENIED:
TABLED:
DIRECTION GIVEN:
1 MEMORANDUM OF UNDERSTANDING
BY AND BETWEEN
CITY OF SANTA FE SPRINGS
AND
WHITTIER UNION HIGH SCHOOL DISTRICT
This Memorandum of Understanding ("MOU") is made and entered into on November 12, 2024 ("Effective Date"), by and between the City of Santa Fe Springs, a California municipal corporation (hereinafter referred to as “CITY”), and Whittier Union High School District, a California public school district, (hereinafter referred to as “DISTRICT”).
CITY and DISTRICT are sometimes individually referred to as “Party” and collectively as “Parties.”
RECITALS
WHEREAS, CITY is a California municipal corporation that provides public services, facilities, and programs to benefit the residents of the City of Santa Fe Springs; and
WHEREAS, DISTRICT is a California public school district dedicated to providing quality educational facilities, services, and extracurricular opportunities for students within the Whittier Union High School District; and
WHEREAS, CITY and DISTRICT recognize the potential community benefits of installing lighting, constructing a walkway, and other upgrades at the DISTRICT’s track and field facilities to improve safety, accessibility, and overall usability of the space for both students and the broader community; and
WHEREAS, on October 1, 2024, representatives of CITY and DISTRICT met to discuss a collaborative approach to this project, identifying mutual goals and exploring potential contributions to facilitate the installation of lighting and other enhancements at the DISTRICT’s facilities; and
WHEREAS, preliminary estimates place the total cost of the proposed project at approximately $2 million to $2.2 million; and
WHEREAS, CITY has expressed preliminary interest in funding up to eighty percent (80%) of the estimated amount, subject to approval by the City Council of the City of Santa Fe Springs (“CITY COUNCIL”), with a willingness to negotiate a higher rate if mutually agreed upon by both parties, while DISTRICT has agreed to take responsibility for the remaining twenty percent (20%) of the funding; and WHEREAS, DISTRICT has agreed to revise its architectural plans to incorporate lighting infrastructure during the first phase of facility renovations, ensuring minimal disruption to the newly renovated field surfaces; and
WHEREAS, the Parties desire to enter into this MOU to formalize their mutual understanding and commitment to advancing this project for the benefit of students, residents, and the surrounding community.
ATTACHMENT A
2 NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as follows:
1. GENERAL PROVISIONS
1.1 The Recitals above are true and correct and fully incorporated herein.
1.2 The purpose of this MOU is to outline the terms and mutual understandings between the City and the District regarding the collaboration and financial commitments to the proposed Lighting Installation and Walkway Project at the Whittier Union High School District’s track and field facilities (“Project”).
1.3 The Project consists of the installation of lighting at the track and field facilities, as well as the construction of a walkway to/from the track area, and other agreed upon enhancements. The lighting is intended to improve community access and safety, with minimal disturbance to newly renovated field surfaces.
2. SCOPE OF SERVICES
2.1 The CITY agrees to provide financial support for the Project. Preliminary estimates for the Project indicate a total cost of approximately $2 Million to $2.2 Million.
2.2 The CITY commits to funding eighty percent (80%) of the Project’s costs, subject to CITY COUNCIL approval, equating to a maximum contribution of $1.76 million.
2.3 The CITY is open to negotiations regarding this contribution, depending on future discussions and potential adjustments to the Project’s scope.
2.4 The CITY will collaborate with the DISTRICT to explore additional Project components, including but not limited to the construction of a walkway to/from the track area.
2.5 The CITY’S financial contribution will be contingent upon CITY COUNCIL action and approval of the necessary funding allocation.
2.6 The DISTRICT will oversee the planning, design, and execution of the Project, including working with architects to integrate the lighting infrastructure in phase one of the Project.
2.7 The DISTRICT will revise architectural plans to ensure the lighting installation and associated infrastructure do not disturb the newly renovated field surfaces.
2.8 The DISTRICT will be responsible for funding the remaining twenty percent (20%) of the Project’s costs unless other funding arrangements are agreed upon during future negotiations.
2.9 The DISTRICT will coordinate with the CITY to ensure smooth project 3 implementation and provide updates on timelines and progress.
2.10 Upon completion of the Project, CITY and DISTRICT agree to negotiate and draft a Joint Use Agreement for the shared use of said facilities, with the understanding that the facilities will be open to the public during nonschool hours and that such public use will not impact or interfere with DISTRICT’s scheduled use of the facilities.
2.11 The DISTRICT shall be responsible for routine maintenance and minor repairs of the shared facilities, including but not limited to cleaning, regular inspections, and upkeep of lighting, walkways, and other jointly-used amenities to ensure safe and continuous use. Routine maintenance costs shall be covered by DISTRICT.
2.12 The CITY and DISTRICT shall jointly assess any necessary major repairs or replacements (i.e., repairs exceeding routine maintenance or involving significant structural or equipment issues). Both parties shall collaborate to determine the scope, cost, and timeline for repairs. Costs for major repairs shall be shared as follows: CITY and DISTRICT will each fund fifty percent [50%], respectively, of the costs for major repairs, unless otherwise agreed upon based on the specific repair requirements and impact on public access or DISTRICT’s scheduled use.
3 INDEMNIFICATION
3.1 DISTRICT shall indemnify and hold CITY, its officials, officers, agents, employees, designated volunteers, attorneys, successors, and assigns ("CITY lndemnitees") harmless against all actions, claims, demands, and liabilities, and against all losses, damages, costs, expenses, and attorney's fees, arising directly or indirectly out of an actual or alleged injury to a person or property in the same proportion that its own acts and/or omissions are attributed to said claims, demands, liabilities, losses, damages, costs, expenses, and/or attorney's fees.
3.2 Damage to CITY Property: DISTRICT agrees it shall be liable for and shall pay to the CITY the cost of any damage to the Project enhancements agreed upon herein and any property of CITY, arising from or in any way related to: (1) the repairs completed by DISTRICT under this Agreement, (2) the acts or omissions of DISTRICT under this Agreement, or (3) any breach by DISTRICT of any obligations expressly imposed on DISTRICT by this Agreement.
3.3 Indemnification by Contractors and Subcontractors. To the maximum extent permitted by law, DISTRICT agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 3 from each and every Contractor, Subcontractor or any other person or entity involved in the performance of this MOU to expressly indemnify the CITY. In addition, DISTRICT shall require said Contractors and Subcontractors to carry, maintain, and keep in full force and effect an insurance policy or policies consistent with Section 4 of this MOU, and 4 CITY lndemnitees shall be named as additional insureds on the policy(ies) with respect to liabilities arising out of the Contractor's and Subcontractor(s)' work.
3.4 DISTRICT’S obligations under this Section 3 shall survive the termination of the Agreement.
4 INSURANCE
4.1 The DISTRICT shall procure and keep in force full and adequate Insurance coverage of all of its operations pursuant to this MOU as set forth below, and “City of Santa Fe Springs” shall be named as an additional insured on policies providing coverage for #1 and #3 below:
4.1.1 Commercial General Liability: (1986 ISO form or later) with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate written on an occurrence basis.
4.1.2 Auto Liability (including owned, hired and non-owned autos):
$1,000,000 combined single limit (each accident).
4.1.3 Worker’s Compensation and Employer's Liability: Statutory California State limits. These coverages and limits are to be considered minimum requirements under this MOU and in no way limit the liability of DISTRICT.
4.2 Prior to start of work under this Agreement, ICON shall file with City evidence of insurance as required above from an insurer or insurers certifying to the required coverage. The coverage shall be evidenced on a certificate of insurance signed by an authorized representative of the insurer(s).
5. LIMITATION OF CITY LIABILITY
5.1 In no event shall City be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect, or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with this MOU or the services performed in connection with this MOU.
6. TERM OF AGREEMENT
6.1 This MOU shall become effective upon the date of signing and shall remain in effect until the completion of the project or until terminated by either party with a 30-day written notice.
6.2 This MOU may be amended with the approval of both parties, in writing, provided both parties sign the revised agreement. A modification request must be presented, in writing, thirty (30) days prior to effective date. 5 6.3 This MOU may be extended by written agreement between both parties, provided such agreement is signed by both parties prior to the termination date and contains the following:
6.3.1 A statement of intent to continue the provisions of the MOU;
6.3.2 Revised effective and termination dates; and
6.3.3 Dated signature of the signatory’s designee.
7. NOTICES
7.1 All notices respecting this AGREEMENT shall be served by certified mail, postage prepaid, addressed as follows:
TO CITY: City of Santa Fe Springs
Department of Parks & Recreation
11740 Telegraph Road
Santa Fe Springs, CA 90670
Attn: Gus Hernandez, Director of Parks &
Recreation
COURTESY COPY TO: Olivarez Madruga Law Organization, LLP 500 S. Grand Avenue
12th Floor
Los Angeles, CA 90071
Attn: Rick Olivarez/Susie Altamirano
TO ORGANIZATION: Whittier Union High School District
9401 S. Painter Ave.
Whittier, CA 90605
Attn: SEC Deputy Superintendent, Kevin Jamero
8. MISCELLANEOUS
8.1 Assignment Prohibited. DISTRICT shall not, either directly or indirectly, assign, transfer, hypothecate, subcontract or delegate all or any portion of this MOU or any rights, duties or obligations of DISTRICT hereunder without the prior written consent of CITY.
8.2 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as is reasonably necessary, appropriate or convenient to achieve the purposes of this MOU.
8.3 Governing Law and Venue. This MOU shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in 6 federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.
8.4 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 MOU inure exclusively to the Parties.
8.5 Construction of MOU. This MOU shall not be construed in favor of, or against, either Party but shall be construed as if the Parties prepared this MOU together through a process of negotiation and with the advice of their respective attorneys.
8.6 Severability. If any portion of this MOU is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
8.7 Amendment; Modification. No amendment, modification or supplement of this MOU shall 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 shall be void and invalid.
8.8 Captions. The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limits, augment, or describe the scope, content, or intent of this MOU.
8.9 Inconsistencies or Conflicts. In the event of any conflict or inconsistency between the provisions of this MOU and any of the exhibits attached hereto, the provisions of this MOU shall control.
[SIGNATURES ON FOLLOWING PAGE]
7 IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be executed on the day and year first appearing in the paragraph preceding the recitals.
WHITTIER UNION HIGH SCHOOL DISTRICT
A California public school district
By:
Print Name
Title
By:
Print Name
Title
CITY OF SANTA FE SPRINGS
A municipal corporation
Jay Sarno
Mayor
ATTEST:
Fernando Muñoz,
Deputy City Clerk
APPROVED AS TO FORM:
Rick Olivarez
City Attorney
ITEM # 43
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: Gus Hernandez, Director of Parks & Recreation
SUBJECT: AUTHORIZE TRANSFER OF FUNDS FROM HERITAGE ARTS FUND TO
AQUATIC CENTER CAPITAL PROJECT FUND
DATE: November 12, 2024
RECOMMENDATION(S):
It is recommended that the City Council:
1) Authorize a transfer from the Heritage Arts Fund (Fund 2510) to the Aquatic Center Capital Project Fund 4154 (Project Number PW220014) in the amount of $190,000; and
2) Authorize an appropriation adjustment to account 4154 Project Number PW220014 (Aquatic Center Project) for art-related enhancements; and 3) Take such additional, related action that may be desirable.
FISCAL IMPACT
The transfer of $190,000 from Fund 2510 (Heritage Arts Fund) to 4154 Capital Project Fund for Project PW220014 (Aquatic Center Project) will ensure the continuation of artrelated enhancements within the Aquatic Center project. No additional funding is requested, as this transfer will cover the art-related expenses.
BACKGROUND
The City of Santa Fe Springs has long prioritized the integration of public art within its facilities to enhance the cultural experience and foster community engagement. The ongoing renovation of the Aquatic Center presents an opportunity to incorporate meaningful art elements that will further the city’s commitment to cultural enrichment. On June 25, 2024, the Heritage Arts Advisory Committee reviewed potential art components for inclusion in the Aquatic Center. These elements were thoughtfully selected to CITY COUNCIL AGENDA REPORT – MEETING OF NOVEMBER 12, 2024
represent the city’s unique heritage while providing a visually appealing atmosphere for visitors. On August 20, 2024, the Heritage Arts Advisory Committee unanimously approved the proposed art components, affirming their support for the cultural and aesthetic direction of the project. This transfer of funds is crucial to preserving and enhancing the aesthetic quality of the Aquatic Center, ensuring that it serves as both a functional and culturally vibrant space for patrons.
ANALYSIS
The transfer of $190,000 from the Heritage Arts Fund to the Aquatic Center Project Fund will ensure that the Aquatic Center Project integrates high-quality art installations that align with the city’s objectives of cultural preservation and public engagement. Funding these components from the Heritage Arts Fund allows the Aquatic Center Project to fully incorporate artistic elements without impacting other renovation resources. This transfer supports multiple objectives, including cultural enhancement through art installations that reflect the city's heritage, community engagement by encouraging public interaction with the art, and the memorialization of Paul Nakamura’s legacy, adding a historical and personal connection for patrons. The Heritage Arts Advisory Committee’s unanimous approval on August 20, 2024, confirms that these enhancements align well with community values.
ENVIRONMENTAL
N/A
DISCUSSION
The proposed transfer of $190,000 from the Heritage Arts Fund to the Aquatic Center Project Fund will allow for the integration of several key art elements within the facility.
These elements include a new naming sign that combines functional identification with artistic design, the revitalization of existing mosaic tile artwork to preserve its historical and visual impact, and the installation of the "Journey" art piece. Additionally, the transfer will cover the replacement of the popular “Cannonball” art piece, as well as new lobby art pieces, including the refurbishment of the dedicated memorial honoring Paul T. Nakamura for his contributions to the community. These art installations have been designed to enhance the atmosphere and align with the city’s commitment to promoting cultural heritage, as evidenced by the thoughtful discussions held by the Heritage Arts Advisory Committee.
SUMMARY/NEXT STEPS
Upon City Council approval, $190,000 will be transferred from Fund 2510 (Heritage Arts Fund) to Project PW220014 (Aquatic Center Project Fund). Following the fund transfer, the Parks & Recreation Department will coordinate with artists and vendors to finalize agreements and ensure production and installation timelines are consistent with the overall Aquatic Center renovation schedule.
CITY COUNCIL AGENDA REPORT – MEETING OF NOVEMBER 12, 2024
ATTACHMENT(S):
A. Minutes from the August 20, 2024 Heritage Arts Advisory Committee meeting ITEM STATUS:
APPROVED:
DENIED:
TABLED:
DIRECTION GIVEN:
1 HERITAGE ARTS ADVISORY COMMITTEE
Gus Velasco Neighborhood Center, Meeting Room #1
Meeting of Tuesday, August 20, 2024
9:00 a.m.
MINUTES
1. CALL TO ORDER
Executive Secretary, Gabriel Jimenez, called the meeting to order at 9:10 a.m.
2. ROLL CALL
Members Present: Debbie Baker, Gabriel Jiménez, Gloria Maghame, Sally Gaitan, John Mora, Hilda Zamora
Members Absent: Peggy Radoumis.
Staff: Ed Ramirez, Community Services Manager, Executive Secretary Maricela Balderas, Director of Community Services
Kaili Torres, Community Services Manager
Herendira Magana-Santoyo, Program
Coordinator II
Guests: None.
3. PLEDGE OF ALLEGIANCE – Hilda Zamora
4. ORAL COMMUNICATIONS
NONE
5. APPROVAL OF MINUTES
A motion was made by Debbie Baker and seconded by Sally Gaitan to approve the minutes for the July 30, 2024 meeting.
6. PUBLIC WORKS DEPARTMENT REPORT
NONE
7. COMMUNITY DEVELOPMENT DEPARTMENT
REPORT
Senior Planner Vince Velasco informed the members that the Raising Cane's team was not prepared to present today but will be ready for a future meeting. However, he provided a rendering of their proposed artwork. Vince also announced that Dave’s Hot Chicken will be opening at the corner of Laurel and Florence and will be proposing a new art piece.
Additionally, he updated the members on various other projects occurring around the city.
8. PRESENTATION
NONE
2 9. ART FEST SUBCOMMITTEE REPORT – ED RAMIREZ
Executive Secretary Ed Ramirez met with the art consultant to review the proposal for 2025. He plans to hold a subcommittee meeting on September 19th to discuss entertainment options and other details. Art Fest is scheduled for Saturday, April 26, 2025, at Heritage Park, with the time yet to be determined.
10. EXECUTIVE SECRETARY REPORT
Executive Secretary, Ed Ramirez, reported on the following:
a) Approval of Heritage Arts Fund (2910 & 2510) Financial Report – June The Heritage Arts Fund (2910 & 2510) financial report for June 2024 was approved by Debbie Baker with the corrections and seconded by John Mora.
11. OLD BUSINESS
Gus Hernandez, Director of Parks and Recreation, presented the Aquatic Center artwork proposals with HAAC members. After further research, the required amount was determined to be $190,000. The motion to approve this funding amount was moved by John Mora, seconded by Hilda Zamora, and unanimously approved by all members.
Ed Ramirez provided an update on the Santa Fe Springs Orange Mural about options and pricing for each option. He also informed the members that the Art Education Grant award letters have been sent out and the grants have been approved. Schools should receive their grants by mid-September at the latest. Members recommended that next year, staff should host a session for the teachers who are interested in applying for the art grant and review procedures for the application process.
12. NEW BUSINESS
a. The Villages Artwork
A request from the Villages of Santa Fe Springs to repair the light sconces has prompted a review of the agreements made regarding the other art pieces in the city after finding that the artwork is not owned by the City and the cost for required maintenance and repairs is to be covered by the home owners association (HOA).
13. DEPARTMENT OF COMMUNITY SERVICES PROGRAMS REPORT
Maricela Balderas, Director of Community Services reported on the following items:
Art Walk – August 24th @ Heritage Park (9:00 a.m. – 12:00 p.m.) Calif. State Library Park Pass – Available for Check out Library Passport Services – Tuesday -Saturday (10:00 a.m. – 2:00 p.m.) Appt Only
City Library Secured over $35,000 in Grant Funds in Support of Programs and Resources
Hair Cutting Class @ GVNC – August 28th (5:30 p.m. – 8:00 p.m.) Gus’ Pantry
Library’s Magic Mystery Dinner – September 28th @ 7:00 p.m. $25 registration required
New Community Services Initiatives for FY 2024-25
14. FUTURE AGENDA ITEMS
a. Oilfield Workers, the Wonderland in All of Us, and the Wicker Parlor Restoration Update of Quotes
3 b. Snake Basket Fountain Report
c. Raising Cane’s Artwork Presentation
d. Review and Approve Revised Art Education Grant Guidelines for FY 2025-2026
15. MEMBER COMMENTS/ANNOUNCEMENTS
The schools for Little Lake City School district opened for new school year and had many changes in positions and title changes.
Members wished each other a good summer and were eager for the upcoming events.
There was recommendation made that there be nicer women restrooms at the Summer Concert Series at Heritage Park.
16. ADJOURNMENT
Chairperson Gabriel Jiménez adjourned the meeting at 10:51 a.m.
Next Meeting: Tuesday, September 24, 2024, at 9:00 a.m. at the Gus Velasco Neighborhood Center.
Prepared by: Adriana Ramirez, Approved by: Ed Ramirez,
Administrative Assistant Executive Secretary
4 ITEM # 44
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: Gus Hernandez, Director of Parks & Recreation
SUBJECT: AUTHORIZE PROFESSIONAL SERVICES AGREEMENT WITH
SOLOTECH FOR UPGRADES TO AUDIO AND VISUAL EQUIPMENT AT
4 CITY FACILITIES
DATE: November 12, 2024
RECOMMENDATION(S):
It is recommended that the City Council:
1) Authorize a transfer from the FY 2024-25 General Fund Reserve to Capital Project Fund 4154 (Project Number CS250001 ) Audio and Visual Equipment Upgrades in the amount of $329,932.30; and
2) Approve an appropriate adjustment to account 4154 (Project number:CS250001) Audio and Visual Equipment Upgrades for the AV equipment project; and 3) Approve the Professional Services Agreement between the City of Santa Fe Springs and Solotech for procurement and installation of new audio and visual equipment at 4 City facilities; and
4) Directs the City Attorney to make clarifying changes necessary to effectuate the intent of the Agreement; and
5) Take such additional, related action that may be desirable.
FISCAL IMPACT
The transfer of $329,932.30 from the FY 2024-25 General Fund Reserve to 4154 Capital Project Fund (Project Number: CS250001) Audio and Visual Equipment Upgrades will cover the total proposal cost plus a 10% contingency. Staff is also pursuing alternative funding sources, including grants from the Heritage Arts Advisory Committee (HAAC) and the Air Quality Management District (AQMD), to offset the impact on the General Fund CITY COUNCIL AGENDA REPORT – MEETING OF NOVEMBER 12, 2024
Reserve.
Below is a breakdown of the associated costs per facility:
Facility Amount
Town Center Hall $71,223.88
Gus Velasco Neighborhood Center $95,977.99
City Library $91,194.72
Betty Wilson Center $41,541.86
Contingency (10%) $29,993.85
Total $329,932.30
BACKGROUND
The City’s current audiovisual (AV) equipment at its key facilities is outdated and in need of a comprehensive upgrade to meet today’s standards. Enhanced AV technology is essential for facilitating efficient communication, presentations, and modern communication capabilities across city events, community meetings, and facility reservations.
In response to RFP No. 25-3, the City received five bids from qualified vendors:
Facility Amount
AVI-SPL $628,561.29
Matrix AV $450,935.88
Solotech $299,938.45
Southland Tech $362,955.52
Sufian Munir $13,000.00
Solotech distinguished itself by providing a tailored approach for each facility, detailing enhancements, alternative options, and flexibility to refine project requirements as needed. Additionally, their proposal emphasized the standardization of equipment across all facilities, which will greatly simplify training for City staff and ensure seamless use by personnel and facility users. Standardized AV systems will allow staff to transition between facilities with ease, reducing the learning curve and enhancing the overall user experience.
ANALYSIS
Solotech’s project management plan minimizes disruption to facility operations, with work on Town Center Hall prioritized for completion within 2 months. The remaining facilities will be completed within six to eight months from the notice to proceed. The modernized equipment will bring these facilities up to current AV standards, supporting high-quality presentations and modern communication capabilities. Solotech’s experience, responsive approach, and competitive pricing make them the preferred choice for this project.
CITY COUNCIL AGENDA REPORT – MEETING OF NOVEMBER 12, 2024
ITEM STATUS:
APPROVED:
DENIED:
TABLED:
DIRECTION GIVEN:
ENVIRONMENTAL
The AV equipment proposed by Solotech is energy-efficient and environmentally friendly, contributing to the City’s sustainability goals. The updated technology will reduce power consumption, improve operational efficiency, and extend equipment lifecycle, which aligns with the City’s commitment to environmental responsibility.
DISCUSSION
City staff from various departments evaluated the proposals based on the criteria outlined in the RFP, including:
Experience of the Firm/Project Personnel
Proposed Approach/Work Plan
Proposed Fees for Items/Services
Responsiveness to RFP
Local Vendor Preference
Solotech distinguished itself by providing a tailored approach for each facility, detailing enhancements, alternative options, and flexibility to refine project requirements as needed. Additionally, their proposal emphasized the standardization of equipment across all facilities, which will greatly simplify training for City staff and ensure seamless use by personnel and facility users. Standardized AV systems will allow staff to transition between facilities with ease, reducing the learning curve and enhancing the overall user experience.
SUMMARY/NEXT STEPS
Upon Council approval, staff will appropriate the total project funding from the CIP account and finalize an agreement with Solotech. Procurement and installation are expected to take approximately 4-8 months, contingent on product lead times. Staff will also continue efforts to secure additional funding from HAAC and AQMD to mitigate the impact on the CIP fund.
ATTACHMENT(S):
A. Professional Services Agreement
CITY OF SANTA FE SPRINGS
PROFESSIONAL SERVICES AGREEMENT
WITH
SOLOTECH SALES AND INTERGRATION USA, INC.
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 Solotech Sales and Integration USA, Inc. (“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 Video Conferencing and Audio Visual Equipment Upgrade; an
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, 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 one (1) additional, one (1) year term, if mutually agreed upon in writing.
2. SERVICES
Subject to the terms and conditions of this Agreement, Consultant shall perform the services and tasks described and set forth in the City’s Request for Proposals, attached hereto as Exhibit A, and Consultant’s Proposal, attached hereto as Exhibit B, both incorporated herein as though set forth in full (“Scope of Work”). Consultant further agrees to furnish to City all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the services and tasks set forth in the Scope of Work. Consultant shall complete the services and tasks set forth in the Scope of Work according to any schedule of
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 Three-Hundred and Twenty-Nine Thousand Nine-Hundred and Thirty-Three Dollars ($329,933) during the Term of this Agreement unless additional payment is first approved as provided in this Agreement. In the event Consultant’s charges are projected to exceed the Notto-Exceed Sum prior to the expiration of this Agreement, City may suspend Consultant’s performance for the relevant Work pending City approval of any anticipated expenditures in excess of the Not-to-Exceed Sum or any other City approved amendment to the compensation terms of this Agreement.
B. Consultant shall not be compensated for any Work rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager or his/her designee. Consultant shall be compensated for any
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.
6. 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.
7. CITY’S REPRESENTATIVE
City hereby designates Rene Bobadilla, 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.
8. CONSULTANT REPRESENTATIVE
Consultant hereby designates Aaron Beck, Business Development Manager, 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.
9. 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.
10. STANDARD OF CARE; PERFORMANCE OF EMPLOYEES
Consultant represents, acknowledges and agrees to the following:
A. Consultant will perform all Work skillfully, competently and to the highest standards of Consultant’s profession;
B. Consultant shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the City to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the City’s authorized representative;
C. Consultant will perform all Work in a manner reasonably satisfactory to the City; 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. INSURANCE
Prior to the beginning of and throughout the duration of the Work, Consultant will procure and maintain policies of insurance that meet the requirements and specifications set forth in Exhibit C. Consultant will procure and maintain the required insurance coverage, at its own expense.
19. INDEMNIFICATION
A. The Parties agree that City and City’s elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the “City Indemnitees”) should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the City Indemnitees with the fullest protection possible under the law. Consultant acknowledges that City would not enter into this Agreement in the absence of Consultant’s commitment to indemnify, defend and protect City as set forth herein.
Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.
B. To the fullest extent permitted by law, Consultant shall indemnify, hold harmless and defend the City Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs, and fees of litigation) of every nature arising out of or in connection with Consultant’s performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the City.
C. City shall have the right to offset against the amount of any compensation due to Consultant under this Agreement, any amount due to City from Consultant as a result of Consultant’s failure to either pay City promptly for any costs associated with Consultant’s obligations to indemnify the City Indemnitees under this Section, or related to Consultant’s failure to either (i) pay taxes on amounts received pursuant to this Agreement, or (ii) comply with applicable workers’ compensation laws.
D. The obligations of Consultant under this Section will not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City and City’s elected and appointed officials, officers, employees, agents, and volunteers.
E. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible and indemnify, hold harmless and defend City and City’s elected and 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.
20. 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 21, 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 24, 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 21, below, will operate to prohibit or otherwise restrict City’s ability to terminate this Agreement for convenience as provided under this Section.
21. EVENTS OF DEFAULT; BREACH OF AGREEMENT
A. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) will occur. For all Events of Default, the Party alleging an Event of Default will give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which will specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default will be cured, which will not be less than the applicable cure period set forth herein, or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default will constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.
B. Consultant will cure the Event of Default within the following time periods:
i. Within ten (10) business days of City’s issuance of a Default Notice for any failure of Consultant to timely provide City or City’s employees or agents with any information and/or written reports, documentation or work product which Consultant is obligated to provide to City or City’s employees or agents under this Agreement. Prior to the expiration of
the 10-day cure period, Consultant may submit a written request for additional time to cure the Event of Default upon a showing that Consultant has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10-day cure period. The foregoing notwithstanding, City will be under no obligation to grant additional time for the cure of an Event of Default under this subsection B.i. that exceeds seven (7) calendar days from the end of the initial 10-day cure period; or
ii. Within fourteen (14) calendar days of City’s issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14-day cure period, Consultant may submit a written request for additional time to cure the Event of Default upon a showing that Consultant has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, City will be under no obligation to grant additional time for the cure of an Event of Default under this Subsection B.ii that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.
In addition to any other failure on the part of Consultant to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of Consultant will include, but will not be limited to the following: (i) Consultant’s refusal or failure to perform any of the services or tasks called for under the Scope of Work; (ii) Consultant’s failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) Consultant’s and/or its employees’ disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to Consultant, whether voluntary of involuntary; (v) Consultant’s refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) CITY’s discovery that a statement representation or warranty by Consultant relating to this Agreement is false, misleading or erroneous in any material respect.
C. City will cure any Event of Default asserted by Consultant within forty-five (45) calendar days of Consultant’s issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, City may submit a written request for additional time to cure the Event of Default upon a showing that City has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with City’s failure to timely pay any
undisputed sums to Consultant pursuant to this Agreement will be cured by City within five (5) calendar days from the date of Consultant’s Default Notice to City.
D. City, in its sole and absolute discretion, may also immediately suspend Consultant’s performance under this Agreement pending Consultant’s cure of any Event of Default by giving Consultant written notice of City’s intent to suspend Consultant’s performance (hereinafter, a “Suspension Notice”). City may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, Consultant will be compensated only for those services and tasks which have been rendered by Consultant to the reasonable satisfaction of City up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of City will operate to prohibit or otherwise restrict City’s ability to suspend this Agreement as provided herein.
E. No waiver of any Event of Default or breach under this Agreement will constitute a waiver of any other or subsequent Event of Default or breach. No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.
F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder will be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to City at law or under this Agreement in the event of any breach of this Agreement, City, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to Consultant, the City may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to Consultant, the City may extend the time of performance;
iii. The City may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for Consultant’s breach of the 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.
22. 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.
23. 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.
24. 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 prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by Consultant in the performance of this Agreement.
25. 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.
26. 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.
27. 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.
28. 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 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 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.
29. 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.
30. 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.
31. 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
To Consultant: Solotech
11060 Randall Street
Sun Valley, CA 91352
Attention: Aaron Beck
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.
32. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
33. 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.
34. 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.
35. 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.
36. 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.
37. 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.
38. 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.
39. 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.
40. SUCCESSORS AND ASSIGNS
This Agreement will be binding on the successors and assigns of the Parties
41. 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.
42. 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 of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
43. 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.
44. 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.
45. 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.
46. 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]
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
EXHIBIT A
CITY’S REQUEST FOR PROPOSALS
PROPOSAL
Video Conferencing,
Audio/Visual Equipment
Upgrade Project
City of Santa Fe Springs
September 26, 2024
RFP No. 25-3
Liam Biner
Business Development
[email protected]
T (818) 305-7603
11060 Randall Street
Sun Valley, CA 91352
TABLE OF CONTENTS
A. LETTER OF INTEREST
B. PROJECT UNDERSTANDING
1 - Methodology
2 - Approach
3 - Technology
4 - Timeline
5 - Scope of Work
6 - Recommendations
7 - Managed Services: Ongoing Maintenance, Repair, and Warranty 8 - Assumptions/Inclusions/Clarifications
C. RELEVANT EXPERIENCE
D. CONFLICT OF INTEREST STATEMENT
E. COST PROPOSAL
Liam Biner
Business Development Representative
[email protected]
T (818) 305-7603
11060 Randall Street, Sun Valley, CA 91352
PRIVACY NOTICE
This document contains confidential information and is the exclusive property of SOLOTECH SALES AND INTEGRATION USA Inc. and its subsidiaries (“Solotech”). Any dissemination, distribution or reproduction of this document, other than carried out in accordance with the request for proposal of the LACCD, is strictly forbidden (as well as any information which may result from such), unless prior written consent has been obtained from Groupe Solotech Inc.
September 19, 2024
Gustavo Hernandez
Micah Herd
City of Santa Fe Springs
11740 Telegraph Road
Santa Fe Springs, CA 90670
SUBJECT: City of Santa Fe Springs - RFP No. 25 - 3 - Video Conferencing, Audio/Visual Equipment Upgrade Solotech would like to express interest in being considered for the award of RFP No. 25-3 (Video Conferencing, Audio/Visual Equipment Upgrade Project) for the City of Santa Fe Springs. As a leading provider in the audiovisual installation and management industry, we’re committed to delivering innovative and reliable solutions that meet the diverse needs of our clients, and are confident that we will exceed your expectations for this project.
We’re particularly drawn to both the proposed scope of work and the geographic location of this project – Santa Fe Springs being just a short drive away from our local offices. More, our extensive history/experience in audiovisual design and installation have provided us with the skills and knowledge necessary to excel as your AV provider. We’re excited about this opportunity and remain eager to bring our expertise to your project.
Regarding availability, Solotech is fully committed to dedicating the necessary time, personnel, and resources to ensure the success of this project, and we acknowledge the City's timeline for its completion. Our team is ready to begin immediately upon award, and remain prepared to allocate the management, engineering, and technical staff required to meet the City's needs and deadlines.
On behalf of Solotech, we appreciate the opportunity to respond to this bid request, and are pleased to offer our proposal for audiovisual upgrades for your City facilities. The following materials will lay out the information and key points as requested in the RFP. We hope to contribute to the growth and inclusiveness of the City of Santa Fe Springs, and will look forward to the interview and selection process that will follow in the weeks to come.
Should you have any questions or require any additional information, please do not hesitate to call or email me at your convenience, and we will be happy to clarify any of the information we have provided.
Best regards,
• Gus Velasco Neighborhood Center (9255 S. Pioneer Blvd.) • Betty Wilson Center (11641 Florence Ave.)
• City Library (11700 Telegraph Rd)
• Town Hall (11740 Telegraph Rd)
This project has expected delivery dates:
• All items to be delivered and installed within six (6) months of the city submitting a notice to proceed. • The Town Hall Center is to be the priority and must be completed by Dec. 31st 2024.
Solotech will provide a variety of services that will include but are not limited to the following:
• Removal of Audio visual (AV) equipment.
• Procurement of equipment designated by this RFP.
• Installation of equipment and cabling infrastructure designated by this RFP. • Provide a warranty for the goods installed on this project. • Provide an example of an annual service agreement.
• Provide and coordinate technical training.
PROJECT UNDERSTANDING
Company Name: Solotech
Proposer Designated Representative: Liam Biner, Business Development Representative - [email protected] Federal Tax information (FEI): 59-1834097
About Solotech:
Established in 1977, Solotech is a world leader in audiovisual and entertainment technology with 20 strategic locations throughout the United States, Canada, United Kingdom, Germany and Asia - in addition to numerous satellite offices.
Thanks to an inventory boasting over 300 renowned manufacturers and partners, Solotech offers services and solutions in audio, video, lighting, rigging, soft goods, control, and collaboration under one roof.
Our company is internationally recognized for our expertise in live production, event solutions and systems integration throughout various markets including music, sports, business, culture, government, and education. Solotech has more than 2,000 employees in 20 offices around the globe with over $500M in business turnover annually, and, with that, we distinguish ourselves as an industry leader in the field of full-service integration of audio, video, lighting, and control systems. Because of the global reputation and portfolio we have built, Solotech has been named the 5th largest AVL systems integrator in the world as published by Systems Contractor News (SCN) .
It is through this approach and methodology that Solotech has become the single-source for audio and acoustics, video, lighting, rigging, control, conferencing and collaboration solutions and services throughout the world, and we aim to become your full-lifecycle partner for audiovisual deployments from implementation through support! -
We fully understand the needs that the City of Santa Fe Springs has for this project. We acknowledge the Scope of Work as it is currently laid out in the RFP documents, RFI responses, and Addenda:
This project includes multiple locations:
Solotech – City of Santa Fe Springs - RFP No. 25 - 3 - Video Conferencing, Audio/Visual Equipment Upgrade Project ⁄ 4
METHODOLOGY
Solotech understands that even the most advanced, feature-rich system will fail to achieve its performance objectives if it has not been properly implemented. Therefore, Solotech has established a disciplined approach to managing the full project life cycle to ensure maximum customer satisfaction. Our methodology incorporates not only the lessons learned in our past deployments, but also the industry best practices, including those contained in the Project Management Institutes’ PMBOK (Project Management Book of Knowledge), as well as the established PMI approach.
Additionally, Solotech staff hold certifications through the Certified Technology Specialist (CTS) program. Administered by the Audiovisual and Integrated Experience Association (AVIXA), the CTS certification is accredited by the American National Standards Institute (ANSI) to meet the International Organization of Standardization (ISO) and International Electrotechnical Commission (IEC) ISO/IEC 17024:2012 certifications of personnel standards. Through ANSI’s acceptance as a signatory to the International Accreditation Forum (IAF) Multilateral Recognition Arrangement (MLA) , this has become the leading AV professional credential recognized globally as the most important and respected professional AV certification in the world.
In the AV industry, there are a completely different set of skills and expertise required to complete design / build projects, as compared to bid projects. As an AV Integrator with a long history of design / build projects, we have an incredibly welldeveloped methodology, having completed some of the most complex and well-known projects in the world.
1. Project Initiation
1.1 Client consultation and needs assessment
1.2 Site survey and existing infrastructure evaluation 1.3 Preliminary budget discussion
1.4 Project scope definition
1.5 Stakeholder identification and communication plan
2. Conceptual Design
2.1 Development of high-level system design concepts
2.2 Creation of initial room layouts and equipment lists 2.3 Preliminary technology selection
2.4 ROI and TCO (Total Cost of Ownership) analysis
2.5 Client presentation and feedback gathering
3. Detailed Design
3.1 Comprehensive AV system design
3.2 Detailed equipment specifications
3.3 CAD drawings and 3D renderings
3.4 Integration with other building systems (e.g., HVAC, lighting)
3.5 Network and infrastructure requirements
3.6 Control system programming specifications
4. Project Planning
4.1 Development of project schedule and milestones
4.2 Resource allocation and team assignment
4.3 Risk assessment and mitigation strategies
4.4 Procurement planning
4.5 Quality assurance plan development
5. Pre-construction
5.1 Permit acquisition (if necessary)
5.2 Coordination with other trades (electrical, HVAC, etc.) 5.3 Equipment procurement and staging
5.4 Prefabrication of racks and custom solutions
5.5 Development of test plans and commissioning procedures
6. Installation
• 6.1 Site preparation
• 6.2 Cable infrastructure installation
• 6.3 Equipment mounting and placement
• 6.4 System interconnection and termination
• 6.5 Control system programming
• 6.6 Regular progress meetings and updates
7. Testing and Commissioning
• 7.1 Individual component testing
• 7.2 System integration testing
• 7.3 User acceptance testing
• 7.4 Performance verification against specifications
• 7.5 Issue logging and resolution
• 7.6 System optimization and fine-tuning
8. Client Handover
• 8.1 System documentation compilation
• 8.2 User training sessions
• 8.3 Administrative and technical training
• 8.4 Handover of as-built drawings and documentation
• 8.5 Warranty and support information provision
9. Post-Implementation
• 9.1 Client satisfaction survey
• 9.2 30/60/90 day check-ins
• 9.3 Ongoing support and maintenance plan implementation • 9.4 Lessons learned and project retrospective
• 9.5 Continuous improvement recommendations
10. Project Closure
• 10.1 Final invoice and financial reconciliation
• 10.2 Archiving of project documents
• 10.3 Team debrief and performance review
• 10.4 Client relationship management and future opportunity discussion
Solotech – City of Santa Fe Springs - RFP No. 25 - 3 - Video Conferencing, Audio/Visual Equipment Upgrade Project ⁄ 5
APPROACH
Initiating Process:
Planning Process:
Executing Process:
Solotech – City of Santa Fe Springs - RFP No. 25 - 3 - Video Conferencing, Audio/Visual Equipment Upgrade Project ⁄ 6 • We will create the project charter, define the overall objectives and scope of work for the project, and identify the key stakeholders. (Stakeholder information covers role and responsibilities within the project, as well as how that individual should be treated in the communication plan.) • Solotech implements a front-loaded approach based on the mindset that good planning and close communication lead to optimal delivery and maximized long-term benefit for all parties involved. • We establish the detailed, overarching parameters of the project on the front-end, as a living document, subject to iterative review and updates during the project’s life cycle. • From there, developing our Project Management Plan encompasses:
o Collecting and documenting all project requirements.
o Defining the scope of the project and establishing a change control process. o Creating a manageable work breakdown structure (WBS) as a list of specific activities that can be assigned and measured in terms of completion.
o Organization/human resource planning, identifying the skills needed to complete the project, the human resources possessing those skills, and their availability for tasks throughout the project. o Developing the project schedule utilizing industry-standard project management tools, in addition to:
o Assessment and notification of product lead times and expected arrival dates. o Detailed schedule for drawings, integra on, commissioning, and project turnover o Determining the method for Quality Control, as well as overall Quality Assurance. o Coordination calls with City and other key stakeholders to develop the specific steps to ensure that the progress, risks, issues, and any pertinent developments are properly communicated. o Regular communications regarding room scheduling and IT requirements to establish full system functionality, along with notifications of anything that could potentially impact the schedule (complete with measures to resolve). o Establishing a common way to identify and categorize risks, as well as strategies for mitigation (typically handled through a Risk Register and communications).
o Training plan, including development of curriculum, identification of training objectives/metrics, development of process documents to track classes, individual trained, schedules, etc., and job aids as required in the scope of work. • Encompasses Solotech active management approach followed during the project’s life-cycle, during which integration occurs, measuring progress against (and under the governance of) our established project approach:
o Acquire, develop, and manage the work of the project team, while managing overall risk o Verify and control scope by tracking requests and managing the change control process o Control schedule by tracking percentage completion of tasks in comparison with the project approach plan o Track deliverables against schedule and monitor/control costs, products, and deliverables for quality assurance o Execute the communication plan and reports, meetings and meeting notes, teleconferences, etc. o Manage procurement processes
• Facilitate weekly design updates, as well as weekly updates on project progress to include work performed, work remaining, project risks, and corrective measures being utilized to address any challenges. • Consistent communication with the project team as needed to maintain project goals. • Attendance at OAC meetings remotely or in-person, as needed. • Throughout the project, this phase ensures that project objectives are being met by tracking, reviewing, and regulating the progress and performance.
Monitoring and ControlProcess:
APPROACH
Project Closure Process:
• Ensure all documentation, drawings, and scope of work are completed, reviewed, and approved including:
• Create a file of project knowledge that can be accessed for future use • Conduct reviews and document lessons learned.
• Commissioning, including early communication of the required IP addresses, as well as:
o Advance coordina�on of training schedule to best accommodate the City's user schedules and needs o Providing a comprehensive report including a checklist of all equipment and intended opera�ons tested and verified. • Final project sign-off, transitioning to extended support efforts following the completion of the project:
o Documenta�on of outreach procedure to request technical remote and on-site support and service o Turnover to Solotech Global Services, with warranty and service increments/renewal op�ons of 1 or 2 years at a �me.
Solotech – City of Santa Fe Springs - RFP No. 25 - 3 - Video Conferencing, Audio/Visual Equipment Upgrade Project ⁄ 7 -
Solotech implements a front-loaded approach based on the mindset that good planning and close communication lead to optimal delivery and maximized long-term benefit for all parties involved. We establish the detailed, overarching parameters of the project on the front-end, as a living document, subject to iterative review and updates during the project’s life cycle.
Developing our Project Management Plan encompasses effective communication - essential for the success of any project. At Solotech, our Project Management Office (PMO) team is dedicated to this principle. Solotech will assign multiple team members to the project to ensure seamless implementation and coordination.
Upon being awarded the project, Solotech will provide detailed project timelines for each location following the mandatory City walkthrough to finalize the items to be ordered. Any design changes may impact the installation timeline.
Solotech is committed to transparency and will work closely with the City to accommodate their schedule as effectively as possible with regards to procurement of equipment.
Technology
Improvements to the City buildings listed will enhance the unified communication and conferencing capabilities of each facility by providing new AV systems - modernizing the audiovisual functions of each space. Utilizing contemporary technology, these upgraded systems will include state-of-the-art digital signal processing and control, built-in ceiling speakers, wireless microphone technology, video displays, projection, conferencing cameras, and wireless content sharing/ streaming – as well as incorporated media input plates customized each room for users to utilize their own devices.
Driven from centralized core operating systems and digital signal processing units within each unique AV system, we will discuss/review the control needs and functions for each space with City representatives, and build a custom, simplified User Control Interface (UCI)/Graphical User Interface (GUI) with personalized functions for staff and guests to interact seamlessly with the system.
We appreciate you allowing us the freedom to input our own expertise into the design of each room, and, as such, we have crafted unique systems for each space utilizing technology that City users will find extremely simple to control and operate!
TIMELINE
Upon receipt of signed scope and purchase order, Solotech will identify a Project Coordinator to initiate the project in our system and issue initial billing for the project. Additionally, the assigned Project Manager will:
• Review Proposal and Scope of Work
• Arrange internal kick-off meetings with Business Development Representative, Project Coordinator, Lead Engineer, and Technical Operations Manager to confirm understanding of scope, verify budgets, meline, and clarify any questions. • Arrange kick-off call with City and stakeholders to review the same • Establish communication protocols
• Develop schedule for inclusion in master project schedule To achieve these goals, the Design Engineer will work closely with the project team to:
• Fully establish design goals with levels of performance and budgetary goals in mind for each space in the facility • Develop drawings, join the BIM modeling team, and develop a detailed bill of materials for project team review and approval. • Based on replies, bill of materials will be updated, approved, and released to Solotech purchasing; any necessary modifications will be integrated into drawing set and bill of materials to be issued for construction. (Sample drawings available upon request.) While tracking receipt of equipment, Project Manager will:
• Perform site walks to confirm pathing/rough-in supports all AV requirements. • Coordinate with construction team to fine tune implementation approach with regards to on-site or on-site rack builds, on-site pre-wiring, and site preparation.
• Coordinate with Implementation Manager to schedule resources for any preparatory on-site and offsite work. • Establish detailed, on-site work schedule with general contractor’s representative. • Upon receipt of equipment, any further planned off-site/preparatory work will be completed including:
o Rack builds, internal wiring, equipment testing, firmware updates, control system programming and DSP configuration, etc.
During onsite performance period, Project Manager will:
• Deploy teams scaled to complete the specified work agreed upon in schedule • Visit site at start of project and regularly during installation to monitor progress and ensure all Solotech and City stakeholder installation standards are met
• Provide weekly updates of progress and notifications of any maters impacting schedule Technical Operations Director will:
• Visit site at start of project and periodically through completion to monitor progress and ensure all Solotech and City standards are met • Periodically attend OAC meetings
• Serve as primary point of escalation for construction team At completion of project, Project Manager will:
• Participate in site walk with project team representatives to verify installation has fulfilled all project goals. • Coordinate training sessions with City representatives. • Submit as-built drawings, DSP and control system configuration files, quick start guides for each room, and turn over to Solotech service for ongoing warranty and maintenance support.
• Obtain project sign-off documentation from authorized City representative.
Workflow
-
Solotech acknowledges the City’s timeline to complete this project. Following the submission of this response to the RFP, the City will review proposals and may require interviews with us to gain more information and a deeper understanding of our proposed workflow, design, and timeline. The City intends to award the contract in mid-October.
Solotech – City of Santa Fe Springs - RFP No. 25 - 3 - Video Conferencing, Audio/Visual Equipment Upgrade Project ⁄ 8 Solotech acknowledges the City’s timeline to complete this project. Following the submission of this response to the RFP, the City will review proposals and may require interviews with us to gain more information and a deeper understanding of our proposed workflow, design, and timeline. The City intends to award the contract in midOctober.
Upon receiving our notice to proceed, we will follow the steps in our detailed workflow (as laid out in the above) to initiate, execute, and deliver the project. It has been noted that the City needs the upgrades in both of the rooms at Town Center Hall (TCH) completed by December 31, 2024 (or sooner), and for all items to be delivered and installed within 6 months of the NTP. With that, we will prioritize the completion of the 2 spaces at TCH to ensure we meet the City’s deadline for that facility, so they can begin work on the other projects they have scheduled at that location.
To meet the above prioritized deadline for TCH, upon award, we will need to submit purchase orders to procure equipment as soon as possible. This will ensure the timely delivery of all equipment and materials that will be used, as well as identify any significant lead times to procure these items. As of now, there are no extended lead times of note for any of the equipment included in this bid.
Once our management team has been activated, equipment is procured, and our project team is on-site, Solotech will have no problem finishing all work at Town Center Hall on or before December 31, 2024. Assuming that the contract is awarded in mid-October, TCH upgrades will be completed within 2 months of the NTP. As for the remaining 3 buildings, if awarded in mid-October, work will be completed no later than mid-April, though we do not anticipate completion of the project to take that long.
Solotech will meet extensively with City representatives to determine a mutually agreeable schedule to complete work in all locations, aiming to cause the least amount of disruption to facility operations as possible. We will work quickly and diligently to deliver this project on-time, while exceeding the City’s expectations for these AV upgrades!
TIMELINE
Solotech is authorized to sell the items and services required for this project directly, and all items will be delivered with the manufacturer’s standard warranty included. In general, any new equipment installation completed by our experienced professionals automatically enrolls you in our basic warranty package. Valid for 90 days, the warranty is effective immediately upon signature-of-completion and work compliance declaration. This is at no cost to the City, and comes included with our installation.
Solotech – City of Santa Fe Springs - RFP No. 25 - 3 - Video Conferencing, Audio/Visual Equipment Upgrade Project ⁄ 9 Additional Services
• To demonstrate out understanding of the City’s needs, provides all necessary tasks required to provide the City with a complete and operational system at the closeout of this project o These tasks include items that will be “Uninstalled” and/or decommissioned; “Remaining in Place”; and “Installing” and/or programming to meet the City’s needs o All items that are listed as “Remaining in Place” will continue to be utilized, and will be integrated into the upgrades in each of their respective rooms
• Per the Scope of Work in the RFP for each room, we will uninstall any “old/unusable speakers, wiring, cabling, inputs, conduit”, and install “any necessary wiring, cabling, conduit runs necessary for items to operate” • Programming, commissioning, and training for each space • Furnish and install materials pertaining to the AV System Scope of Work per the Approved Specifications, Bill of Materials, addenda, and RFI’s
• Providing all equipment not identified as owner-furnished • Project management including attendance at OAC meetings • Site visits to confirm site readiness prior to installation • CAD for system wiring diagrams
• Site Supervision
• Installation, programming, and commissioning for each individual system • Options for yearly or 3-Year warranty and service agreements for the audio and video systems are listed, and can be customized to meet the City’s needs
SCOPE OF WORK
Solotech – City of Santa Fe Springs - RFP No. 25 - 3 - Video Conferencing, Audio/Visual Equipment Upgrade Project ⁄ 10 TCH Meeting Room #1:
• Uninstalling: Center 70” video display; Ceiling Speakers; Wall Input Plate; Input Selection Panel; Decommissioned rack equipment
• Remaining in Place: Projection Screen/Projector; Left/Right Video Monitors; Equipment Rack • Installing: SMART Board; Poly Conferencing Camera; Control Hardware/Software; Wall-Mounted Input Plates; Digital Touch Panels for Control; Ceiling Speakers; New rack-mounted equipment TCH Social Hall:
• Uninstalling: Projection Screen/ceiling mount; Ceiling Speakers; Wall Input Plates; IWall-Mounted Touch Screen; Decommissioned rack equipment
• Remaining in Place: Motorized Projector Lift Left/Right Speakers (at the Projection Screen); Left/Right Speakers (in back of room) Shure QLXD Wireless Microphone kits Shure Antenna Distribution Units Power Amplifiers for In-Room Speakers Assistive Listening System (ALS)
• Installing: Projection Screen/ceiling mount/hardware; Projector; Wireless Video Presentation; Network Switch; Control Hardware/software Wall-Mounted Input Plates; Digital Touch Panels for Control; Ceiling Speakers; Wireless Microphones; New rack-mounted equipment
GVNC Ontiveros Room:
• Uninstalling: 70” video display; Ceiling Speakers; Wall Input Plate; Wall-Mounted Touch Panel; Decommissioned rack equipment
• Remaining in Place: Projection Screen/Projector; Motorized Projector Lift; Amplifier for Speakers; Assistive Listening System; Equipment Rack
• Installing: SMART Board; Poly Conferencing Camera; Control Hardware/Software; Rack-Mounted Input Plates; Digital Touch Panels for Control; Ceiling Speakers; Wireless Microphones; New rack-mounted equipment
SCOPE OF WORK
Solotech – City of Santa Fe Springs - RFP No. 25 - 3 - Video Conferencing, Audio/Visual Equipment Upgrade Project ⁄ 11 GVNC Pio Pico Room:
• Uninstalling: 70” video display; Ceiling Speakers; Wall Input Plate; Wall-Mounted Touch Panel; Decommissioned rack equipment
• Remaining in Place: Projection Screen/Projector; Motorized Projector Lift; Amplifier for Speakers; Assistive Listening System; Equipment Rack
• Installing: SMART Board; Poly Conferencing Camera; Control Hardware/Software; Rack-Mounted Input Plates; Digital Touch Panels for Control; Ceiling Speakers; Wireless Microphones; New rack-mounted equipment GVNC Meeting Room #1/#2:
• Uninstalling: Video displays; Ceiling Speakers; Input Panels; Decommissioned equipment • Remaining in Place: Built-In Cabinet for Displays; Wall-Mounted Volume Knobs • Installing: SMART Board; Control Hardware/Software; Input Panels; Digital Touch Panels for Control; Ceiling Speakers; Wireless Video/Audio Connections; New rack-mounted equipment Main Library:
• Uninstalling: Ceiling Speakers; Existing PA System; Decommissioned rack equipment • Remaining in Place: Amplifier for Speakers; Assistive Listening System; Equipment Rack • Installing: Projector/Screen; Control Hardware/Software; Rack-Mounted Input Plates; Digital Touch Panels for Control; Emergency PA System; Ceiling Speakers; Wireless Video/Audio Connections; New rack-mounted equipment
Library Community Room:
• Uninstalling: Projector/Screen; Ceiling Speakers; Wall Input Plate; Input-Selection Panel; Decommissioned rack equipment
• Remaining in Place: Projector Hardware; Amplifier for Speakers; Assistive Listening System; Equipment Rack • Installing: Projector/Screen; Control Hardware/Software; Rack-Mounted Input Plates; Digital Touch Panel for Control; Ceiling Speakers; Wireless Microphones; Wireless Video/Audio Connections; New rack-mounted equipment
BWC Multi-Purpose Room:
• Uninstalling: 70” video display; Sound bar; Ceiling Speakers; Wall Input Plates • Remaining in Place: Nothing
• Installing: Projector/Screen; Control Hardware/Software; Wall-Mounted Input Plates; Digital Touch Panels for Control; Ceiling Speakers; Wireless Microhones; Wireless Video/Audio Connections; New rack-mounted equipment
GVNC Lobby North/South:
• Uninstalling: up to (4) Video Displays
• Remaining in Place: Owner-Furnished PC's
• Installing: (4) 50" Video Monitors
RECOMMENDATIONS
All Rooms:
• We have designed and specified equipment for each individual room that we feel best fit the needs of the City • Control Hardware/Software and Control
o QSYS CORE processing; QSYS Wall-Mounted Digital Touch panels for control and input selection • Ceiling Speakers
o We have priced out the speakers for each space based on the quantities provided in the RFP. However,the City should consider increasing/decreasing quantities based on best practices for coverage and compliance o Consider a substitute professional model in place of the specified consumer-grade model:
JBL CONTROL 18C/T, or similar
• Amplification
o We will continue to utilize the existing power amplification for ceiling speakers in each space (where applicable). Additions or modifications to these amplifiers can be addressed in the final determination of the needs for each space, a change order, or a future RFP
• Equipment Racks
o We will continue to utilize the existing equipment racks in each space (where applicable) • Wireless Microphones
o In rooms where wireless microphones are being utilized, consider utilizing rechargeable batteries and charging stations, and in-room antennas to maintain reliable wireless microphone signals Shure SB900B; Shure SBC200-US; Shure SBC250l Shure UA864US • Network Switches
o Network ethernet switches have been provided in this proposal where necessary to the design of the system • Mixers
o We will provide mixer view and control for all sources in each room directly on the digital touch-panel control devices; mixer hardware will not be required, given the current technology being deployed • Projector Lenses
o Projector Lenses are required for the specified projector model; lenses have been included in this proposal Town Center Hall (TCH):
• Projection Screen
o Consider utilizing a smaller screen: If the city wishes to utilize the existing opening and mounting hardware in the ceiling for the new screen, consider utilizing a similar size screen to what is currently installed - approximately ~145”; 16:9
o If the city wishes to continue to utilize the recessed left/right speakers near the current existing projection screen, a smaller screen size may need to be use. Otherwise, these speakers may not be usable due to the new screen being too wide, and blocking the speaker coverage Solotech – City of Santa Fe Springs - RFP No. 25 - 3 - Video Conferencing, Audio/Visual Equipment Upgrade Project ⁄ 12
MANAGED SERVICES
Ongoing Maintenance, Repair, and Warranty
Service and Support
These services are offered according to the service plan selected by the customer. 24/7 Hotline
Solotech offers a 24/7 emergency hotline to reach a technician should you need immediate assistance for any faulty equipment.
Remote Assistance and Troubleshooting
In the event of an AV equipment failure, the customer will contact the Solotech Service Center. A qualified technician will investigate by phone with the customer’s assistance. If the problem cannot be resolved remotely, a technician will be dispatched to the site, according to the contract’s service level agreement (SLA).
On-Site Troubleshooting and Resolution
Solotech’s technicians will guarantee your system returns to its operational state, which includes all necessary costs (labour, transportation, shipping & handling of devices) required.
Our technicians check, troubleshoot, repair or replace any malfunctioning equipment to get you back up and running as soon as possible. These calls provide peace of mind by giving you the opportunity to have your system checked for proper operation if you have concerns. This service is unlimited and is offered during the Service Center's business hours.
Please be advised that if a Solotech on-site technicians arrives to your location and determines the equipment or system problem is due to an action or omission of the customer, or if any maintenance or repair is not covered by the warranty provided in this Service Plan, additional fees will be charged in accordance with the rates in Solotech’s current fee schedule.
Programming
Solotech agrees to diagnose and resolve programming issues to restore the system to its operational state without additional charges. However, any enhancements, modifications, or feature additions beyond the scope of the original system functionality will be at extra charge. A quote for such services can be provided upon request.
Priority Access to Technicians
Customers with a signed service contract gain priority access to our technical experts, significantly reducing wait times.
Shipping & Handling of Defective Equipment
Solotech will pay for the shipping and handling of defective equipment included in the service plan that is no longer covered by the manufacturer’s warranty. Solotech will pick up your defective equipment, manage the repair at our service shop or, if necessary, at the manufacturer, and reinstall the equipment at the original location.
Solotech – City of Santa Fe Springs - RFP No. 25 - 3 - Video Conferencing, Audio/Visual Equipment Upgrade Project ⁄ 13 Manufacturer Warranty Management
For any new equipment supplied by Solotech
Solotech will manage the manufacturer’s warranty during the entire coverage period, eliminating the need for you to deal directly with the manufacturer. The manufacturer’s warranty covers labour costs for handling defective units as well as replacement parts needed to repair any defective units.
When Solotech is the manufacturer’s authorized repair centre, these repairs take place at Solotech’s workshop. Otherwise, the unit will be sent to the manufacturer at Solotech’s expense. Repair time is subject to the manufacturer’s conditions. Please note that it is possible some manufacturers request the repairs be done at the installation site.
Warranty shall not apply if the defect in equipment is due to (i) improper use or maintenance of the equipment by or on behalf of the customer; (ii) normal wear and tear under normal conditions of use of the equipment; (iii) a Force Majeure event; or (iv) if any repair of maintenance of the equipment has been performed by anyone other than Solotech.
Prevention & Real-Time Monitoring
An annual visit for preventative maintenance
Preventative maintenance is key in ensuring continuity of your operations. It helps keep the system running smoothly, extends the life of your equipment, predicts future failures, and prepares for the management of equipment obsolescence. Preventative maintenance includes, but is not limited to, the following:
Cleaning of all equipment
Routine check of system’s operation
Re-installation of cables and equipment
Minor repairs required to counteract wear and tear on the system (connectors, lamps, etc.) Log any devices that require additional repairs
Our technicians produce a summary report after each preventative maintenance visit allowing you to:
Know the state of wear on the equipment
Anticipate the need to replace any equipment in the
system
Solotech and the customer will mutually agree on the schedule for performing the maintenance service. Four (4) weeks notice is required to secure the service technician.
Exclusion: Firmware Upgrades
Solotech understands the importance of keeping your equipment updated with the latest firmware to ensure optimal performance and security.
Please note that firmware updates are not included in our standard service agreement. However, we are pleased to inform you that we can provide this service upon request. If you are interested in having firmware updates performed on your equipment, we can arrange this for you at an additional cost.
Solotech – City of Santa Fe Springs - RFP No. 25 - 3 - Video Conferencing, Audio/Visual Equipment Upgrade Project ⁄ 14
MANAGED SERVICES
Ongoing Maintenance, Repair, and Warranty
Service+
Offered with the Performance and Premium plans only
Prerequisites
Equipment must be connected to the audiovisual network. A computer, supplied by the customer, with administrative rights granted to Solotech. The customer will be responsible for maintaining this computer and updating the software. Internet access to the network/equipment.
A continuous internet connection.
As-built drawings, equipment IP addresses and source codes, supplied by the customer. After review, our technical team will confirm which equipment will be monitored.
Installation
Solotech implements a connection to your AV installation, monitoring the status of your equipment and supporting it remotely. A continuous equipment status transmission is sent to the Solotech Monitoring Centre via the Internet; no sensitive or personal content is transferred, nor is any audio or video media. Equipment connected to the audiovisual network can be monitored by Service+.
Alerts
Depending on the information made available by the equipment manufacturer, Solotech will capture different types of alerts, such as status, temperature, etc. At the very least, our service can ping the connected device for its status. Depending on the type of alert, a query will automatically open in the Solotech portal to inform Solotech technical support of the failure. Our specialist technicians will diagnose the equipment and resolve the problem remotely. If the issue persists or cannot be resolved remotely, Solotech will send a technician to the site in accordance with the terms of the contract.
Equipment Required or Virtual Network
There are two options for the implementation of Solotech’s real-time monitoring:
The customer provides a computer with minimum specifications of Windows 10 or higher. This PC will be connected to the network and will offer administrative access to Solotech. The Service+ agents will be installed on this PC. The customer will be responsible for maintaining this computer and updating the software.
The customer agrees to have Service+ installed/managed on their virtual network. No additional equipment is required.
For either option, the internet connection must be continuous to detect the status of the audiovisual equipment. Solotech must have administrative rights on the computer for remote diagnosis and resolution.
Service+ setup includes:
One license for the Axess platform
Development of key performance indicators displayed on the dashboards in the Axess Portal Prioritization of features and creation of alerts accordingly Training session on the use of Axess, Solotech Portal Solotech – City of Santa Fe Springs - RFP No. 25 - 3 - Video Conferencing, Audio/Visual Equipment Upgrade Project ⁄ 15
MANAGED SERVICES
Ongoing Maintenance, Repair, and Warranty
THE PERFECT SUPPORT FOR
YOUR AVL NEEDS
ANY PROJECT. ANYWHERE.
ANYTIME.
Our comprehensive service offering allows us to assist you when it matters the most. Avoid headaches and enjoy seamless operations thanks to our holistic vision and unique approach.
Surveillance service includes:
24/7 equipment monitoring
Remote troubleshooting
Operation management to correct the fault
remotely
Intervention reports
Ticket management through the Solotech Portal
Network Capacity
For proper AV equipment function, it is strongly recommended that it be connected to a network that is independent of the customer’s IT infrastructure. A dedicated network ensures the stability of the equipment and better communication between its components. Solotech will not be held responsible for network malfunction. In such cases, additional charges may apply.
Our Service Plans
Solotech – City of Santa Fe Springs - RFP No. 25 - 3 - Video Conferencing, Audio/Visual Equipment Upgrade Project ⁄ 16
MANAGED SERVICES
Ongoing Maintenance, Repair, and Warranty
ASSUMPTIONS / INCLUSIONS / CLARIFICATIONS
Work Provided by Others:
• All Hangars, Supports, Raceways, Junction Boxes, Backboxes, etc. to be provided/installed by others • All pathing, stubs, conduit, cable trays, boxes, pathways, and raceway systems; electrical power and accessories; installation of AV backboxes; terminal cabinets; pull strings and rope; grounding systems; as well as items noted on the drawings, to be provided by others
• Holes in ceiling/beams for cable pass-throughs, speakers, etc. provided by others • Millwork, ceilings, painting, finishes and accessories, as required, to be provided by others • MBE/WBE/DVBE participation is not included.
Audio-Video-Control Inclusions:
• Furnish and install AV low voltage wire within the areas identified above • Furnish, install and terminate custom AV plates, cubbies, and panels • Furnish and Install AV equipment
• Programming, commissioning, and in-person training per specification • Solotech will provide uncompiled programing control code at the closeout of this project Training:
• Training will be presented by a field engineer
• Solotech will coordinate time for training City representatives at least one week in advance, per the Scope of Work provided in the RFP
Assumptions:
• Based on combined information provided in the RFP Scope of Work and RFI responses, this proposal contains our best understanding of the work to be completed
• City will provide access to house network for internet access in every space listed in RFP, including at least (1) open network port in each space
o City will provide network drops (1.68)
• Solotech to coordinate with City, electrical contractor, and IT teams to provide electrical drops and network tie-ins to house network in each location
• The City will provide owner-furnished PC’s at each video monitor location at the GVNC o This will display a looping video at on each monitor
o No cable runs will need to be provided for video signals to these monitors, other than from the PC to the TVs o Electrical drops for each TV will be provided by others • City will facilitate installation of electrical outlets where required (1.69) • Daily parking will be provided at each City facility
• All existing openings for projection screens are large enough to accommodate the new screens to be installed in their respective rooms
o As such existing mounting hardware will be re-used as much as possible o Otherwise, changes/alterations to existing screen openings will need to be provided by others, and additional mounting hardware may be required
• City will provide knowledge of the inner workings of each project location. (i.e CAD schematics, building layouts, infrastructure drawings, etc. as available)
• City to coordinate multiple site visits with project management and technical staff to determine and finalize the overall needs/ list of materials for each space
• Pre-construction rings for ceiling speakers/microphones to be installed by AV Contractor prior to any additional ceiling finishes • AV Contractor will coordinate schedule/timeline for this with City representatives • City will provide open space on their network for the AV Systems in each rooms o City will provide network tie-in ports in each of the (3) rooms to connect the AV Systems to the house network for internet access
Solotech – City of Santa Fe Springs - RFP No. 25 - 3 - Video Conferencing, Audio/Visual Equipment Upgrade Project ⁄ 17
ASSUMPTIONS / INCLUSIONS / CLARIFICATIONS
Clarifications:
• Bond is not included
• Prevailing Wage rates not included
• No liquidated damages are included with this project
• Manufacturer’s standard warranty included for all items not listed as OFE • Costs to provide complete shop drawing submittals has not bee included in this proposals o This proposal does, however, provide costs to provide single-line wiring diagrams for all spaces • Work to be performed during normal business hours – Monday through Friday, 8am to 5pm, except any cityobserved holidays • City states that final items, quantities, and locations where items will be installed may vary by the time the City is ready to initiate the order, and that they expect to conduct a final walkthrough/site visit with the awarded vendor to finalize the items to be ordered and the required services o If this is the case, any changes or alterations to the Scope of Work as laid out in the RFP will require a change order to match our proposal/costs with the City’s needs • Any work or equipment outside of the Scope of Work included in the RFP, RFI's or Addenda will require edits to this proposal or a change order
Solotech – City of Santa Fe Springs - RFP No. 25 - 3 - Video Conferencing, Audio/Visual Equipment Upgrade Project ⁄ 18
RELEVANT EXPERIENCE
Some of our recent experience providing services for a public entity/agency:
Miami-Dade County – Civil and Probate Courthouse – Miami, FL This is a ground-up build of a new courthouse and civil complex with numerous buildings, providing more than 1,000,000 square feet of space with cutting-edge technology to the County. Solotech provided the complete audio-visual systems to support all the specialty spaces, conference rooms, offices, and court rooms across 40 individual floors and over 50 jury courtrooms. The complex also includes the new Children’s and Juvenile Courthouse - a signature building in the skyline of downtown Miami. This is an ongoing Project with a value of $11 million and an on-going service contract to support these County facilities.
Long Beach City College (LBCC) – Theater and Fine Arts Complex – Long Beach, CA The construction of this music and theatre complex is a major upgrade to the design and technology facilities at Long Beach City College (LBCC). Solotech provided state-of-the-art technology, resources, and installation services for this project, which will facilitate the education of students in the performing arts, music, dance, and radio/TV/broadcasting for years to come. It includes instructional classrooms, specialized labs, private music practice rooms, student practice studios, dance performing studio, a black box studio, broadcast studio, a new home for the campus radio station, and smaller scale live performance areas including a 236-seat auditorium and an outdoor performance stage. The project is around $4 million and will be completed in in the Spring of 2025.
MIT (Massachusetts Institute of Technology) – MIT Music Complex – Cambridge, MA Solotech provided audiovisual installation and services to the Music Building on the MIT campus, anchoring MIT’s conservatory-level music program with state-of-the-art technology. It includes multiple large-scale performance halls, music studios, music and culture space; an immersive audio theater with video broadcast system; numerous smaller stages/performance areas, recording/dance studios, and rehearsal spaces and classrooms; and an outdoor plaza. The project is approximately $2.5 million dollars and will be completed in October of this year.
CONFLICT OF INTEREST STATEMENT
Solotech hereby declares that it has no financial, business, or other relationships with the City that may have an impact upon the selection process. No conflict-of-interest form will be attached to this document to avoid confusion.
Solotech – City of Santa Fe Springs - RFP No. 25 - 3 - Video Conferencing, Audio/Visual Equipment Upgrade Project ⁄ 19
COST PROPOSAL
Solotech – City of Santa Fe Springs - RFP No. 25 - 3 - Video Conferencing, Audio/Visual Equipment Upgrade Project ⁄ 20 Project Total:
• Audiovisual Systems Upgrade Total: $299,938.45
o (Two-hundred Ninety-Nine thousand, Nine-Hundred Thirty-Eight dollars and Forty-Three cents) Individual Room Totals:
$18,476.36
$52,747.51
$31,924.70
$32,296.28
$5,247.46
$13,343.95
$13,165.62
$57,875.27
$33,319.44
• TCH Meeting Room #1
• TCH Social Hall
• GVNC Ontiveros Room
• GVNC Pio Pico Room
• GVNC Lobby (South/North)
• GVNC Meeting Room #1
• GVNC Meeting Room #2
• Main Library
• Library Community Room
• BWC Multi-Purpose Room $41,541.86
Per Building Totals:
• Town Center Hall (TCH) $71,223.88
• Gus Velasco Neighborhood Center (GVNC) $95,977.99
• City Library $91,194.72
• Betty Wilson Center (BWC) $41,541.86
Note:
• This "per building" pricing has been submitted on the Planet Bids Portal (City of Santa Fe Springs), to equal the grand total for the entire project - correlating to the pricing shown above • Upon request, Solotech will be happy to give an in-depth cost analysis, and detailed system design for each room
A - TOWN CENTER HALL
1 - TCH MEETING ROOM #1
QTY DESCRIPTION PRICE PRICE EXT
1 . . Decommissioning - Wall-Mounted TV; Speakers; Input Wall-Plate/Selection Panels; Decommissioned Rack Equipment; Wiring/Cabling/Inputs/Conduit $0.00 $0.00 1 SMART Technologies SBID-6286S-V3-P SMART Board 6086S-V3 Pro interactive display with iQ - - - 86” SMART Board 6000S $5,999.40 $5,999.40
1 Peerless-AV SF680 Security SmartMount® Universal Flat Mount For 60" to 98" TV's $139.46 $139.46 1 Poly 842D4AA#ABA Poly UVB United States / Canada English $582.91 $582.91 1 QSC CORE NANO Network Core, 64x64 network I/O channels with 8x8 Software-based Dante license included, USB AV bridging, dual LAN ports, VoIP telephony, 8 AEC processors, Half-size 1RU. $1,443.96 $1,443.96 1 QSC TSC-70-G3 Q-SYS 7” PoE Touch Screen Controller for In-Wall Mounting. Color - Black only $1,256.04 $1,256.04 1 . . Wall-Mounted Input Panel $439.56 $439.56
4 JBL STUDIO28ICAM JBL 8IN - IN CEILING SPEAKER $188.03 $752.12 1 . . Miscellaneous - Wiring, cabling, hardware; conduit runs $549.45 $549.45 2 - TCH SOCIAL HALL
QTY DESCRIPTION PRICE PRICE EXT
1 . . Decommissioning - Ceiling-Mounted Projection Screen (4:3); Motorized Ceiling Mount/Hardware for Projection Screen; Ceiling-Mounted Projector; Wall-Mounted Touch-Panel Control; Speakers; Wiring/Cabling/Inputs/Conduit/Wall-Plates
$0.00 $0.00
1 . . Elite Screens VMAX166XWH3 - VMAX 3 MATTE WHITE ELECTRIC SCREEN, 166IN DIAG., 16:9, VIEWING SIZE: 81IN X 144IN, IR/RF REMOTES, 12V TRIGGER, WHITE CASING $1,255.55 $1,255.55 1 Epson V11HB01820 EPSON EB-PQ2008B 8000LM 4K Projector, Black $8,499.25 $8,499.25 1 Epson V12H004L08 Long Throw Lens $2,164.84 $2,164.84
1 OWNER FURNISHED . . Motorized Projector Lift - Existing $0.00 $0.00 SHIP TO: PREPARED BY:
,
90670
BILL TO:
City of Santa Fe Springs
,
Liam Biner
PHONE:
EMAIL: [email protected]
PRICE VALID UNTIL : September 22, 2024
DATE: September 26, 2024
DESCRIPTION: City of Santa Fe Springs - Video
Conferencing AV Upgrades
QUOTE NUMBER: SQ-23483
11060 Randall Street, Sun Valley, California, 91352
1 Barco C-10 Barco C-10 Clickshare Wireless Conference Presentation System for Medium/Large Meeting Rooms $1,237.36 $1,237.36
1 Netgear GSM4230P-100NAS AV LINE M4250-26G4F-POE+ 24x1G POE+ 300W 2X1G AND 4xSFP MANAGED SWITCH $1,038.68 $1,038.68
1 QSC CORE 110f-v2 Unified Core with 24 local audio I/O channels, 128x128 total network I/O channels with 8x8 Software-based Dante license included, USB AV bridging, dual LAN ports, POTS and VoIP telephony, no GPIO, 16 next-generation AEC processors, 1RU. $2,775.82 $2,775.82
1 QSC TSC-101-G3 Q-SYS 10.1” PoE Touch Screen Controller for In-Wall Mounting. Color - Black only $2,090.11 $2,090.11 1 Apple IPADMINI64GB-SILVER Apple iPad Mini 64GB WiFi- Silver $658.91 $658.91 1 . . iPad Docking Station/Charger/Case $274.73 $274.73 2 . . Wall-Mounted Control Plates $824.18 $1,648.36
1 QSC unD6IO-BT 4x2 Channel 2 Gang US, Dante/AES67 Wall Plate w/Bluetooth, RCA, 3.5 mm I/O, PoE (white and black faceplates included). $913.19 $913.19
1 . . Custom Rack Panel 3RU - Bluetooth Pairing; 3.5mm Aux; etc. $384.62 $384.62 2 OWNER FURNISHED Shure UA844+V/LC Antenna Distribution System (without cables) $0.00 $0.00 5 OWNER FURNISHED Shure QLXD4=-G50 Half-Rack, Single Channel Receiver $0.00 $0.00 3 Shure QLXD124/85-G50 Bodypack and Vocal Combo System with WL185 and SM58® $1,349.45 $4,048.35 2 Shure ULXD8=-G50 Wireless gooseneck microphone base for ULXD and QLXD. Includes AA Alkaline Batteries $404.01 $808.02
2 Shure MX415LPDF/C 15" Shock-Mounted Gooseneck, Green/Red LED Ring at bottom, Less Preamplifier, Dual Flexible, Cardioid $183.74 $367.48
6 JBL STUDIO28ICAM JBL 8IN - IN CEILING SPEAKER $188.03 $1,128.18 1 . . Mixer $0.00 $0.00
1 . . Miscellaneous - Wiring, cabling, hardware; conduit runs $824.18 $824.18
QTY DESCRIPTION PRICE PRICE EXT
LABOR & INTEGRATION
HOURS DESCRIPTION RATE PRICE
22.00 System Designer / Design Engineer $130.00 $2,860.00
10.00 CAD Drafter $90.00 $900.00
8.00 Field Engineer $120.00 $960.00
44.00 Site Supervisor $100.00 $4,400.00
84.00 Installation Technician $90.00 $7,560.00
22.00 Project Management $120.00 $2,640.00
26.00 Project Coordinator $90.00 $2,340.00
DATE: September 26, 2024
DESCRIPTION: City of Santa Fe Springs - Video
Conferencing AV Upgrades
QUOTE NUMBER: SQ-23483
11060 Randall Street, Sun Valley, California, 91352
EQUIPMENT RENTAL FEE $396.59
SHIPPING CHARGES $825.61
A - TOWN CENTER HALL TOTAL $66,802.73
24.00 Programming $110.00 $2,640.00
HOURS DESCRIPTION RATE PRICE
DATE: September 26, 2024
DESCRIPTION: City of Santa Fe Springs - Video
Conferencing AV Upgrades
QUOTE NUMBER: SQ-23483
11060 Randall Street, Sun Valley, California, 91352
B - GUS VELASCO NEIGHBORHOOD CENTER
2 - GVNC ONTIVEROS ROOM
QTY DESCRIPTION PRICE PRICE EXT
1 . . Decommissioning - Wall-Mounted TV; Speakers; Wiring/Cabling/Inputs/Conduit $0.00 $0.00 1 SMART Technologies SBID-6286S-V3-P SMART Board 6086S-V3 Pro interactive display with iQ $5,999.40 $5,999.40 1 Peerless-AV SF680 Security SmartMount® Universal Flat Mount For 60" to 98" TV's $139.46 $139.46 1 Poly 842D4AA#ABA Poly UVB United States / Canada English $582.91 $582.91 1 QSC CORE 8 FLEX Unified Core with 8 local audio I/O channels, 64x64 network I/O channels with 8x8 Software-based Dante license included, USB AV bridging, dual LAN ports, VoIP telephony, 8x8 GPIO, 8 AEC processors, Half-size 1RU.
$1,931.87 $1,931.87
1 QSC TSC-70-G3 Q-SYS 7” PoE Touch Screen Controller for In-Wall Mounting. Color - Black only $1,256.04 $1,256.04 1 Apple IPADMINI64GB-SILVER Apple iPad Mini 64GB WiFi- Silver $658.91 $658.91 1 . . iPad Docking Station/Charger/Case $274.73 $274.73 1 . . Rack-Mounted Input Plate $824.18 $824.18
1 . . Custom Rack Panel 3RU - Bluetooth Pairing; 3.5mm Aux; etc. $384.62 $384.62 1 Shure UA844+V/LC Antenna Distribution System (without cables) $390.44 $390.44 4 Shure QLXD124/85-G50 Bodypack and Vocal Combo System with WL185 and SM58® $1,349.45 $5,397.80 2 Shure ULXD8=-G50 Wireless gooseneck microphone base for ULXD and QLXD. Includes AA Alkaline Batteries $404.01 $808.02
2 Shure MX415LPDF/C 15" Shock-Mounted Gooseneck, Green/Red LED Ring at bottom, Less Preamplifier, Dual Flexible, Cardioid $183.74 $367.48
4 JBL STUDIO28ICAM JBL 8IN - IN CEILING SPEAKER $188.03 $752.12 1 . . Mixer $0.00 $0.00
1 . . Miscellaneous - Wiring, cabling, hardware; conduit runs $549.45 $549.45 3 - GVNC PIO PICO ROOM
QTY DESCRIPTION PRICE PRICE EXT
1 . . Decommissioning - Wall-Mounted TV; Speakers; Wiring/Cabling/Inputs/Conduit $0.00 $0.00 1 SMART Technologies SBID-6286S-V3-P SMART Board 6086S-V3 Pro interactive display with iQ $5,999.40 $5,999.40 DATE: September 26, 2024
DESCRIPTION: City of Santa Fe Springs - Video
Conferencing AV Upgrades
QUOTE NUMBER: SQ-23483
11060 Randall Street, Sun Valley, California, 91352
1 Peerless-AV SF680 Security SmartMount® Universal Flat Mount For 60" to 98" TV's $139.46 $139.46 1 Poly 842D4AA#ABA Poly UVB United States / Canada English $582.91 $582.91 1 QSC CORE 8 FLEX Unified Core with 8 local audio I/O channels, 64x64 network I/O channels with 8x8 Software-based Dante license included, USB AV bridging, dual LAN ports, VoIP telephony, 8x8 GPIO, 8 AEC processors, Half-size 1RU.
$1,931.87 $1,931.87
1 QSC TSC-70-G3 Q-SYS 7” PoE Touch Screen Controller for In-Wall Mounting. Color - Black only $1,256.04 $1,256.04 1 Apple IPADMINI64GB-SILVER Apple iPad Mini 64GB WiFi- Silver $658.91 $658.91 1 . . iPad Docking Station/Charger/Case $274.73 $274.73 1 . . Rack-Mounted Input Plate $824.18 $824.18
1 . . Custom Rack Panel 3RU - Bluetooth Pairing; 3.5mm Aux; etc. $384.62 $384.62 1 Shure UA844+V/LC Antenna Distribution System (without cables) $390.44 $390.44 4 Shure QLXD124/85-G50 Bodypack and Vocal Combo System with WL185 and SM58® $1,349.45 $5,397.80 2 Shure ULXD8=-G50 Wireless gooseneck microphone base for ULXD and QLXD. Includes AA Alkaline Batteries $404.01 $808.02
2 Shure MX415LPDF/C 15" Shock-Mounted Gooseneck, Green/Red LED Ring at bottom, Less Preamplifier, Dual Flexible, Cardioid $183.74 $367.48
4 JBL STUDIO28ICAM JBL 8IN - IN CEILING SPEAKER $188.03 $752.12 1 . . Mixer $0.00 $0.00
1 . . Miscellaneous - Wiring, cabling, hardware; conduit runs $879.12 $879.12
QTY DESCRIPTION PRICE PRICE EXT
4 - GVNC LOBBY (SOUTH & NORTH)
QTY DESCRIPTION PRICE PRICE EXT
1 . . Decommissioning - (4) Wall-Mounted TV's; Wiring/Cabling/Inputs/Conduit $0.00 $0.00 4 . . Samsung DU7200 Series - 50" Smart 4K UHD TV $348.45 $1,393.80 4 Peerless-AV PA750 ARTICULATING WALL MOUNT 39" - 75" $111.30 $445.20 1 . . Miscellaneous - Wiring, cabling, hardware; conduit runs $219.78 $219.78 5 - GVNC MEETING ROOM #1
DATE: September 26, 2024
DESCRIPTION: City of Santa Fe Springs - Video
Conferencing AV Upgrades
QUOTE NUMBER: SQ-23483
11060 Randall Street, Sun Valley, California, 91352
QTY DESCRIPTION PRICE PRICE EXT
1 . . Decommissioning - Wall-Mounted TV; Speakers; Wiring/Cabling/Inputs/Conduit $0.00 $0.00 1 SMART Technologies MX255-V5-PW SMART Board MX055-V5 Pro series interactive display with iQ $1,638.46 $1,638.46 1 Peerless-AV PA750 ARTICULATING WALL MOUNT 39" - 75" $111.30 $111.30 1 Barco C-10 Barco C-10 Clickshare Wireless Conference Presentation System for Medium/Large Meeting Rooms $1,237.36 $1,237.36
1 Netgear GS305P-300NAS NETGEAR 5 Port PoE Gigabit Ethernet Unmanaged Switch $74.48 $74.48 1 QSC CORE 8 FLEX Unified Core with 8 local audio I/O channels, 64x64 network I/O channels with 8x8 Software-based Dante license included, USB AV bridging, dual LAN ports, VoIP telephony, 8x8 GPIO, 8 AEC processors, Half-size 1RU.
$1,931.87 $1,931.87
1 QSC TSC-70-G3 Q-SYS 7” PoE Touch Screen Controller for In-Wall Mounting. Color - Black only $1,256.04 $1,256.04 1 QSC TSC-710t-G3 Table top mounting accessory for TSC-70-G3 and TSC-101-G3. $300.00 $300.00 1 . . Floor-Box Input Panel $109.89 $109.89
1 . . REI UHD-WPE165-K - HDMI; USB-C Wall Plate - Tx/Rx $137.35 $137.35 4 JBL STUDIO28ICAM JBL 8IN - IN CEILING SPEAKER $188.03 $752.12 1 C2G CG40881 Audio Amplifier 50W 70V TAA $318.56 $318.56 1 . . 2U Rack $109.89 $109.89
1 . . Miscellaneous - Wiring, cabling, hardware; conduit runs $164.84 $164.84 6 - GVNC MEETING ROOM #2
QTY DESCRIPTION PRICE PRICE EXT
1 . . Decommissioning - Wall-Mounted TV; Speakers; Wiring/Cabling/Inputs/Conduit $0.00 $0.00 1 SMART Technologies MX255-V5-PW SMART Board MX055-V5 Pro series interactive display with iQ $1,638.46 $1,638.46 1 Peerless-AV PA750 ARTICULATING WALL MOUNT 39" - 75" $111.30 $111.30 1 Barco C-10 Barco C-10 Clickshare Wireless Conference Presentation System for Medium/Large Meeting Rooms $1,237.36 $1,237.36
1 Netgear GS305P-300NAS NETGEAR 5 Port PoE Gigabit Ethernet Unmanaged Switch $74.48 $74.48 1 QSC CORE 8 FLEX Unified Core with 8 local audio I/O channels, 64x64 network I/O channels with 8x8 Software-based Dante license included, USB AV bridging, dual LAN ports, VoIP telephony, 8x8 GPIO, 8 AEC processors, Half-size 1RU.
$1,931.87 $1,931.87
DATE: September 26, 2024
DESCRIPTION: City of Santa Fe Springs - Video
Conferencing AV Upgrades
QUOTE NUMBER: SQ-23483
11060 Randall Street, Sun Valley, California, 91352
EQUIPMENT RENTAL FEE $466.44
SHIPPING CHARGES $1,187.68
B - GUS VELASCO NEIGHBORHOOD CENTER
TOTAL
$89,617.98
1 QSC TSC-70-G3 Q-SYS 7” PoE Touch Screen Controller for In-Wall Mounting. Color - Black only $1,256.04 $1,256.04 1 QSC TSC-710t-G3 Table top mounting accessory for TSC-70-G3 and TSC-101-G3. $300.00 $300.00 1 . . Table Cubby Input Panel $164.84 $164.84
1 C2G C2G60220 HDMI Extender over Cat6 Box-Box - 4K60Hz $158.63 $158.63 4 JBL STUDIO28ICAM JBL 8IN - IN CEILING SPEAKER $188.03 $752.12 1 C2G CG40881 Audio Amplifier 50W 70V TAA $318.56 $318.56 1 . . 2U Rack $109.89 $109.89
1 . . Miscellaneous - Wiring, cabling, hardware; conduit runs $164.84 $164.84
QTY DESCRIPTION PRICE PRICE EXT
LABOR & INTEGRATION
HOURS DESCRIPTION RATE PRICE
26.00 System Designer / Design Engineer $130.00 $3,380.00
14.00 CAD Drafter $90.00 $1,260.00
14.00 Field Engineer $120.00 $1,680.00
54.00 Site Supervisor $100.00 $5,400.00
28.00 Shop Labor $90.00 $2,520.00
60.00 Installation Technician $90.00 $5,400.00
30.00 Project Management $120.00 $3,600.00
30.00 Project Coordinator $90.00 $2,700.00
24.00 Programming $110.00 $2,640.00
DATE: September 26, 2024
DESCRIPTION: City of Santa Fe Springs - Video
Conferencing AV Upgrades
QUOTE NUMBER: SQ-23483
11060 Randall Street, Sun Valley, California, 91352
C - CITY LIBRARY
1 - MAIN LIBRARY
QTY DESCRIPTION PRICE PRICE EXT
1 . . Decommissioning - Ceiling/PA Speakers; Paging System; Decommissioned Rack Equipment; Wiring/Cabling/Inputs/Conduit $0.00 $0.00
1 Elite Screens Electric100H 100" (16:9) Electric Spectrum Series Screen (MaxWhite Fabric, White Case) $247.79 $247.79 1 Epson V11HB01920 EPSON EB-PQ2008W 8000LM 4K Projector, White $8,499.25 $8,499.25 1 Epson V12H004L08 Long Throw Lens $2,164.84 $2,164.84
1 Chief CMA105 4" CEILING PLATE W 1 1/2" NPSM $33.82 $33.82 1 Chief CMS0406W ADJ. PIPE 48" TO 72" WHITE $132.79 $132.79 1 Chief RPAUW UNIVERSAL RPA WHITE $168.49 $168.49
1 Barco C-10 Barco C-10 Clickshare Wireless Conference Presentation System for Medium/Large Meeting Rooms $1,237.36 $1,237.36
1 Netgear GSM4210PD-100NAS 10PT M4250-9G1F-POE+ MANAGED SWCH $519.34 $519.34 1 QSC CORE 8 FLEX Unified Core with 8 local audio I/O channels, 64x64 network I/O channels with 8x8 Software-based Dante license included, USB AV bridging, dual LAN ports, VoIP telephony, 8x8 GPIO, 8 AEC processors, Half-size 1RU.
$1,931.87 $1,931.87
1 QSC TSC-70-G3 Q-SYS 7” PoE Touch Screen Controller for In-Wall Mounting. Color - Black only $1,256.04 $1,256.04 1 . . Custom Rack Panel 4RU - Q-SYS User Control Interface - Touch Panel $107.69 $107.69 1 QSC PS-TSCG3-G Q-SYS Touchscreen Page Station; Desktop form factor with Gooseneck mic; Includes TSC-70-G3 touchscreen $2,192.31 $2,192.31
1 QSC unD6IO-BT 4x2 Channel 2 Gang US, Dante/AES67 Wall Plate w/Bluetooth, RCA, 3.5 mm I/O, PoE (white and black faceplates included). $913.19 $913.19
1 Apple IPADMINI64GB-SILVER Apple iPad Mini 64GB WiFi- Silver $658.91 $658.91 1 . . iPad Docking Station/Charger/Case $274.73 $274.73 32 JBL STUDIO28ICAM JBL 8IN - IN CEILING SPEAKER $188.03 $6,016.96 1 . . "Mixer" $0.00 $0.00
1 . . Miscellaneous - Wiring, cabling, hardware; conduit runs $1,043.96 $1,043.96 2 - LIBRARY COMMUNITY ROOM
DATE: September 26, 2024
DESCRIPTION: City of Santa Fe Springs - Video
Conferencing AV Upgrades
QUOTE NUMBER: SQ-23483
11060 Randall Street, Sun Valley, California, 91352
QTY DESCRIPTION PRICE PRICE EXT
1 . . Decommissioning - Ceiling-Mounted Projector; Projection Screen; Wall-Mounted Input/Selection Panel; Speakers; Wiring/Cabling/Inputs/Conduit $0.00 $0.00 1 Elite Screens Electric100H 100" (16:9) Electric Spectrum Series Screen (MaxWhite Fabric, White Case) $247.79 $247.79 1 Epson V11HB01820 EPSON EB-PQ2008B 8000LM 4K Projector, Black $8,499.25 $8,499.25 1 Epson V12H004M0A EPSON ELPLM10 Lens - Mid Zoom #3 - Throw Ratios for WUXGA: 3.32 -5.06(<9k lm), 2.42 - 3.71 (9k to 20k lm) For 4K: 2.34 - 3.59 (up to 20k lm) $1,417.58 $1,417.58 1 Barco C-10 Barco C-10 Clickshare Wireless Conference Presentation System for Medium/Large Meeting Rooms $1,237.36 $1,237.36
1 Netgear GS305EP-100NAS 5-Port Gigabit Ethernet Plus PoE Switch (63W) $84.95 $84.95 1 Atlona AT-JUNO-451 4K HDR Four-Input HDMI Switcher with Auto-Switching $296.70 $296.70 1 QSC CORE 8 FLEX Unified Core with 8 local audio I/O channels, 64x64 network I/O channels with 8x8 Software-based Dante license included, USB AV bridging, dual LAN ports, VoIP telephony, 8x8 GPIO, 8 AEC processors, Half-size 1RU.
$1,931.87 $1,931.87
1 QSC TSC-70-G3 Q-SYS 7” PoE Touch Screen Controller for In-Wall Mounting. Color - Black only $1,256.04 $1,256.04 1 . . REI UHD-WPE165-K - HDMI; UDSB-C Wall Plate - Tx/Rx $137.35 $137.35 1 QSC unD6IO-BT 4x2 Channel 2 Gang US, Dante/AES67 Wall Plate w/Bluetooth, RCA, 3.5 mm I/O, PoE (white and black faceplates included). $913.19 $913.19
2 Shure QLXD4=-G50 Half-Rack, Single Channel Receiver $567.91 $1,135.82 1 Shure UA221 Passive Antenna Splitter/Combiner Kit. Includes Two Splitter/Combiners, Four Coaxial Cables, and Attaching Hardware $130.49 $130.49
2 Shure ULXD8=-G50 Wireless gooseneck microphone base for ULXD and QLXD. Includes AA Alkaline Batteries $404.01 $808.02
2 Shure MX415LPDF/C 15" Shock-Mounted Gooseneck, Green/Red LED Ring at bottom, Less Preamplifier, Dual Flexible, Cardioid $183.74 $367.48
4 JBL STUDIO28ICAM JBL 8IN - IN CEILING SPEAKER $188.03 $752.12 1 . . "Mixer" $0.00 $0.00
1 . . 6U Rack $150.00 $150.00
1 . . Miscellaneous - Wiring, cabling, hardware; conduit runs $439.56 $439.56
LABOR & INTEGRATION
HOURS DESCRIPTION RATE PRICE
16.00 System Designer / Design Engineer $130.00 $2,080.00
12.00 CAD Drafter $90.00 $1,080.00
DATE: September 26, 2024
DESCRIPTION: City of Santa Fe Springs - Video
Conferencing AV Upgrades
QUOTE NUMBER: SQ-23483
11060 Randall Street, Sun Valley, California, 91352
EQUIPMENT RENTAL FEE $610.06
SHIPPING CHARGES $944.10
C - CITY LIBRARY TOTAL $86,139.07
12.00 Field Engineer $120.00 $1,440.00
86.00 Site Supervisor $100.00 $8,600.00
170.00 Installation Technician $90.00 $15,300.00
28.00 Project Management $120.00 $3,360.00
32.00 Project Coordinator $90.00 $2,880.00
24.00 Programming $110.00 $2,640.00
HOURS DESCRIPTION RATE PRICE
DATE: September 26, 2024
DESCRIPTION: City of Santa Fe Springs - Video
Conferencing AV Upgrades
QUOTE NUMBER: SQ-23483
11060 Randall Street, Sun Valley, California, 91352