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HomeMy WebLinkAbout25B - AGMT ON-CALL ENVIRO PLANNING SVCSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 21, 2019 TITLE: APPROVE QUALIFIED CONSULTANTS TO PROVIDE ON-CALL ENVIRONMENTAL AND PLANNING SERVICES FOR CITY PLANNING PROJECTS AND SUPPLEMENTAL STAFF SERVICES FOR A TOTAL NOT TO EXCEED $1,400,000 (STRATEGIC PLAN NO. 3,3) —n -1P, C 11.r��/(d�(1 CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 20d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute agreements approved as to form by the City Attorney's Office to engage each of the 31 environmental and planning services firms listed below as -needed for a period of two years ending May 21, 2021, to provide on-call environmental, technical and planning services for the Planning & Building Agency at the fees set forth in their responses to Request for Qualifications No. 17-043. The total allocation for the requested services is not to exceed $1,400,000, subject to non -substantive changes by the City Manager and City Attorney. Consultants: AECOM Technical Services, Inc. ICF Jones & Stokes, Inc. (ICF) Annealta Group Infrastructure Engineering Corporation (IEC) Architectural Resources Group, Inc. Kimley Horn and Associates, Inc. CAA Planning, Inc. LSA Associates, Inc. Chamber Group Inc. Michael Baker International Circlepoint Moore, lacofano, Goltsman, Inc. (MIG) CSG Consultants, Inc. Phil Martin & Associates, Inc. De Novo Planning Group PlaceWorks, Inc. Dudek Renee Escario DBA RE Consulting ECORP Consulting, Inc. Rincon Consultants, Inc. Environmental Science Associates (ESA) Sagecrest Planning and Environmental, LLC Environment Planning Development Solutions, Inc. EPD Solutions, Inc. T & B Planning, Inc. Evan Brooks Associates UltraSystems Environmental Inc. FCS International, Inc. (FirstCarbon Solutions) Urban Crossroads, Inc. Greenwood and Associates Veneklasen Associates, Inc. Helix Environmental Planning, Inc. 2513-1 Environmental and Planning Services Consultant Agreements May 21, 2019 Page 2 DISCUSSION In June 2017, the City Council authorized staff to distribute Request for Qualifications No. 17-043 for any and all work efforts related to the California Environmental Quality Act and the National Environmental Policy Act, technical studies, and/or planning services. The intent was to establish a list of qualified consulting firms to be utilized for a period of two years on an as -needed basis. The Planning Division received Statements of Qualifications from 33 firms in response to the Request for Qualifications. The proposals were reviewed for adequacy, evaluated based on the criteria in the RFQ and compiled into a list of qualified firms. One firm did not provide the submittal requirements listed in the RFQ and one firm has since closed. Of the 33 firms that submitted a statement of qualifications, 31 firms are qualified to provide environmental services, technical studies and/or planning services related to current and advanced planning, historic preservation, technical studies and general planning efforts. A list of 31 qualified consultants is included as Exhibit 1. In 2017 and 2018, the City Council approved 31 firms to be on the City's bench list of consultants to provide environmental and planning services for development projects. Under this current structure, the applicant pays for the services as part of the development review process. The City Council approval provided for a three-year agreement period ending on October 3, 2020 for environmental services and June 5, 2021 for planning services. The current proposal will also authorize the bench list firms to provide services for City funded projects for a period of two years (May 21, 2021). The Planning Division's workload fluctuates and oftentimes increase as development applications rise. Having on-call consultants for planning services will assist the Planning Division in improving customer service, meeting deadlines and keeping pace with development schedules. Occasionally, the Planning Division needs technical expertise to assist with city projects related to urban design, historic preservation, environmental assessments and/or assistance with specific zoning ordinance amendments (i.e. billboards, short-term rentals, parking, etc.). Utilizing a consultant's knowledge and experience can help reduce the timeframe needed for completing a planning project and ensure that best practices are used by the City. In addition, the Planning Division is requesting planning and professional services to assist City staff with the timely completion of the General Plan update pursuant to the most recent State of California General Plan Guidelines. The selected consultant(s) will assist in activities related to project management in addition to completion of individual elements, implementation plan, and refinements to completed work product using best practices and first-hand experience of consultant with similar comprehensive General Plan updates. Consultant's efforts related to environmental services could include environmental analysis conducted for City projects, such as an ordinance amendment, that requires preparation of required technical studies such as parking studies, peer review of technical studies prepared by others, preparation of Initial Studies, Negative Declarations, Mitigated Negative Declarations, 25B-2 Environmental and Planning Services Consultant Agreements May 21, 2019 Page 3 Environmental Impact Reports, Subsequent or Supplemental Environmental Impact Reports, Addendums, Environmental Assessments, and Environmental Impact Statements. In addition, under City planning staff supervision, consultants may be assigned to staff the Public Planning counter. Consultants may assist with responding to the public inquires at the counter, over the phone and/or via email to provide basic zoning information. Consultants may also assist with review and processing of ministerial permits such as tenant improvements, small additions, sign permits, reroof permits, and window permits. With the consultant's assistance at the counter, full-time planning staff can focus their efforts on current development projects and updating the general plan. Appointment to the pre -approved list does not guarantee work to a consultant. If needed, firms will be selected based upon their ability to perform the required work within the timeframe needed and budget constraints. Firms will be paid from the Planning Agency's Contract Services - Professional and Air Quality Management District accounts. Approval of the list will allow the Planning Division to hire qualified, experienced consultants for specific projects or tasks in a timely manner. As a result, the staff will be better able to respond quickly to fluctuating demands and ultimately provide better service to the City of Santa Ana. It is recommended that the consultant list be approved due to the expertise that the firms have demonstrated in the field of planning. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's effort to meet Goal #3 - Economic Development, Objective #3 (Promote a solutions -based customer focus in all efforts to facilitate development and investment in the community). FISCAL IMPACT Effective May 22, 2019, fees paid to a consultant for environmental and planning services will be recorded from Contract Services -Professional account no. 01116510-62300 for the fiscal years of 2018/2019, 2019/2020 and 2020/2021. Fees for planning projects related to parking and/or transportation will be recorded from the Air Quality Management District account no. 03116510- 62300 for the fiscal years of 2018/2019, 2019/2020 and 2020/2021. Fees paid for advanced planning services for the General Plan update will be recorded from account no. 05016018- 62300 for the fiscal year of 2018/2019 and account no. 05016020-62300 2019/2020. Fiscal Year Accounting Fund Accounting Unit, Account Amount Unit Description Description 01116510- General Fund Planning & Building - Planning Contract $200,000 62300 FY2018/19 03116510- Air Quality Impr. Planning Air Quality Improv - Contract $50,000 May -June 62300 05016018- PBA General Planning & Building - Planning Contract $350,000 62300 Plan 25B-3 Environmental and Planning Services Consultant Agreements May 21, 2019 Page 4 Fiscal Year Accounting Fund Accounting Unit, Account Amount Unit Description Description 01116510- General Fund Planning & Building - Planning Contract $50,000 62300 FY2019/20 03116510- Air Quality Impr. Planning Air Quality Improv - Contract $50,000 July -June 62300 05016020- PBA General Planning & Building - Planning Contract $600,000 62300 Plan 01116510- General Fund Planning & Building - Planning Contract $50,000 62300 FY2020/21 03116510- July -May Air Quality Impr. Planning Air Quality Improv - Contract $50,000 62300 Total Contract Amount $1,400,000 The Planning and Building Agency will monitor the above -referenced accounts to ensure sufficient appropriations are available to facilitate timely payments to the vendors providing the said service. O Minh Thai Executive Director Planning and Building Agency APPROVED AS TO FUNDS AND ACCOUNTS: 4,�. Ka htKa ryn Downs, CPA Executive Director Finance and Management Services Agency SK:rb SARFCA\2019\5-21-19\City Planning Services RFCA\RFCA Approval of Planning Consultants 5.21.19.doc Exhibits: 1. Bench List of Qualified Consultants 2. Approved to Form (Template) — Agreement to Provide On -Call Planning Services 25B-4 On-call Environmental and Planning Consultant List 1. AECOM Technical Services, Inc. 2. Annealta Group 3. Architectural Resources Group, Inc. 4. CAA Planning, Inc. 5. Chamber Group Inc. 6. Circlepoint 7. CSG Consultants, Inc. 8. De Novo Planning Group 9. Dudek 10. ECORP Consulting, Inc. 11. Environmental Science Associates (ESA) 12. Environment Planning Development Solutions, Inc. (EPD Solutions, Inc.) 13. Evan Brooks Associates 14. FCS International, Inc. (FirstCarbon Solutions) 15. Greenwood and Associates 25B-5 EXHIBIT 7 16. Helix Environmental Planning, Inc. 17. ICF Jones & Stokes, Inc. (ICF) 18. Infrastructure Engineering Corporation (IEC) 19. Kimley Horn and Associates, Inc. 20. LSA Associates, Inc. 21. Michael Baker International 22. Moore, lacofano, Goltsman, Inc. (MIG) 23. Phil Martin & Associates, Inc. 24. PlaceWorks, Inc. 25. Renee Escario DBA RE Consulting 26. Rincon Consultants, Inc. 27. Sagecrest Planning and Environmental, LLC 28. T & B Planning, Inc. 29. UltraSystems Environmental Inc. 30. Urban Crossroads, Inc. 31. Veneklasen Associates, Inc. r EXHIBIT 2 AGREEMENT TO PROVIDE ON-CALL ENVIRONMENTAL AND PLANNING SERVICES THIS AGREEMENT is made and entered into this 21' day of May, 2019 by and between Click here to enter test. ("Consultant'), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On June 7, 2017, the City issued Request for Qualification No. 17-043, by which it sought Consultants to provide on-call environmental, technical and planning services for the Planning and Building Agency of the City of Santa Ana. a. The scope of work may include any and all work efforts related to City projects to analyze a proposed project for compliance with the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA). This may include preparation of required technical studies, peer review of technical studies prepared by others, preparation of Initial Studies, Negative Declarations, Mitigated Negative Declarations, Environmental Impact Reports, Environmental Assessments, Environmental Impact Statements, and other services on an as -needed basis; and/or b. The scope of work may include any and all work efforts related to drafting and adopting zoning ordinance amendments that are related to City projects and processing development project applications and entitlements including plan review, preparing staff reports, attending public hearings, and counter staffing services on an as -needed basis; and/or c. The scope of work may include any and all work efforts related to advanced planning including updating, drafting and adopting the General Plan including preparing technical studies, elements of the General Plan, preparing staff reports, attending public hearings on an as -needed basis. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFQ No. 17-043 and attached hereto as Exhibit A. C. Consultant has been selected as one of the thirty-one (3 1) vendors which qualified for this engagement. Only those consultants approved by the City Council on May 21, 2019, shall be eligible to be engaged by the City for these services. D. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under Page I of I 1 25B-7 this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an as -needed basis, and at the sole discretion of City, Consultant shall perform the services that are described in Exhibit A. Consultant's proposal is incorporated by reference as though fully set forth herein. When the need for services arise, City may initiate services through use of a Letter Agreement for a specific project, executed by the Executive Director of the Planning and Building Agency and the Consultant. Work by the Consultant may not proceed absent a previously engaged or fully executed consultant agreement and letter agreement for a specific project. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. The total compensation for services provided for environmental, technical and/or planning services is determined upon submission of a proposal including the scope of work. The Consultant shall perform the services and when the environmental, planning and technical services report is completed, the City will pay the Consultant for the completed work. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and continue for a period of two (2) years, until May 21, 2021, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Page 2 of I I 25B-8 services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is 51,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data'). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any Page 3 of 11 25B-9 act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the CITY, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the CITY; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the California Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by consultant, without thirty (30) days prior written notice to the City. (iv) Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. (v) Consultant shall supply City with a fully executed additional insured endorsement. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance Page 4 of I l 25B-10 has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its Consultants, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to Page 5 of 1 I 25B-11 examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714-647-6956 Executive Director Planning and Building Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Page 6 of I I 25B-12 Santa Ana, CA 92702 Fax: 714-647-5897 To Consultant: Click here to enter text. A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. Page 7 of 1 I 25B-13 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Consultant shall, throughout the tern of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of Page 8 of 11 25B-14 this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: NORMA MITRE Acting Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: Lisa Storck Assistant City Attorney FOR APPROVAL MINH THAI Executive Director Planning and Building Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONSULTANT Name: Click here to enter text. Title: Click here to.enter text. Page 9 of 11 25B-15 EXHIBIT A SCOPE OF SERVICES Page 10 of I I 25B-16 EXHIBIT B FEE SCHEDULE (OR) RATES AND CHARGES Page 11 of 11 25B-17 25B-18