HomeMy WebLinkAboutItem 22 - Amend Agreement for Hardscape Pavement Cleaning and Infectious Waste RemovalPublic Works Agency
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Item # 22
o`7, City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 20, 2022
TOPIC: Amend Agreement for Hardscape Pavement Cleaning and Infectious Waste
Removal
AGENDA TITLE:
Amend the Agreement with Superior Property Services, Inc. To Increase The Total
Agreement Amount by $700,000 (Project No. 22-1402) Not to Exceed $1,966,568 for
Hardscape Pavement Cleaning and Infectious Waste Removal Services for the
Remaining Term of the Agreement (General Fund) (Revive Santa Ana Program)
RECOMMENDED ACTION
Authorize the City Manager to execute the first amendment to the agreement with
Superior Property Services, Inc. to increase the total compensation amount by $700,000
for a total agreement amount not to exceed $1,966,568, for the remainder of the
agreement term expiring June 30, 2026, subject to non -substantive changes approved by
the City Manager and the City Attorney.
DISCUSSION
The Public Works Agency's Parks, Fleet, and Facilities Division maintains the Santa Ana
Civic Center as part of the Civic Center Joints Power Authority with the County of Orange.
On January 24, 2022, Parks, Recreation and Community Services issued a Request for
Proposal (RFP) for hardscape pavement cleaning and infectious waste removal services.
As a result, on May 17, 2022, Superior Property Services, Inc. was awarded an
agreement from July 1, 2022 through June 30, 2026.
On August 2, 2022, the City Council approved the Revive Santa Ana Spending Plan that
reflected the entire American Rescue Plan Act (ARPA) allocation of local fiscal recovery
funds. A $700,000 in cost savings was subsequently identified and redirected, by the City
Manager's authorization, to the COVID-19 Sanitization project. Staff is finding an
increasing need for cleaning and sanitization at high -traffic pedestrian and bicyclist areas
throughout the City. Due to the prompt and excellent services already provided by
Superior Property Services, Inc., staff would like to increase current services to enhance
public health and safety.
Amend Agreement for Hardscape Pavement Cleaning and Infectious Waste Removal
December 20, 2022
Page 2
Staff recommends increasing the current agreement with Superior Property Services, Inc.
by an amount of $700,000, for a revised total agreement amount not to exceed
$1,966,568 for the remainder of the agreement term (Exhibit 1).
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Additional $700,000 ARPA funds are available for expenditure in the current Fiscal Year
2022-23 through Fiscal Year 2025-26. Any unspent ARPA funds allocated for this
expenditure will be carryforward until funds are exhausted through the term of the
agreement.
Additional funds:
Fiscal Year
Accounting
Accounting Unit -
Unit —
Fund
Account No.
Total
Account No.
Description
Description
(Project No.)
FY 2022-23
18117013-
American
ARPA — PWA
through
66200
Rescue Plan
Buildings & Building
$700,000
FY 2025-26
22-1402
Act ARPA
Improvements
Prior Approval:
Civic Center
2022-23
07417655-
Civic Center
Maintenance -
Maintenance &
$316,642
(July -June)
62320
Maintenance
Repair Buildings &
Grounds
Civic Center
2023-24
07417655-
Civic Center
Maintenance -
Maintenance &
$316,642
(July -June)
62320
Maintenance
Repair Buildings &
Grounds
Civic Center
2024-25
07417655-
Civic Center
Maintenance -
Maintenance &
$316,642
(July -June)
62320
Maintenance
Repair Buildings &
Grounds
Civic Center
2025-26
07417655-
Civic Center
Maintenance -
Maintenance &
$316,642
(July -June)
62320
Maintenance
Repair Buildings &
Grounds
Total
$1,966,568
Amend Agreement for Hardscape Pavement Cleaning and Infectious Waste Removal
December 20, 2022
Page 3
EXHIBIT(S)
1. First Amendment to the Agreement with Superior Property Services, Inc.
Submitted By: Nabil Saba, Executive Director of Public Works
Approved By: Kristine Ridge, City Manager
EXHIBIT I
FIRST AMENDMENT TO AGREEMENT WITH SUPERIOR PROPERTY SERVICES,
INC. TO PROVIDE HARDSCAPE PAVEMENT CLEANING AND INFECTIOUS
WASTE REMOVAL SERVICES IN THE CIVIC CENTER
THIS FIRST AMENDMENT is entered into this 20"' day of December 2022, by and between
Superior Properties Services, Inc. ("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 May 17, 2022, the parties entered into Agreement No. A-2022-076 ("Agreement") to
conduct hardscape pavement cleaning and infectious waste removal services in the Civic
Center.
B. The parties wish to amend the Agreement to increase the compensation, expand the
services citywide and to indicate that the additional amounts to be expended are using funds
provided by the American Rescue Plan Act ("ARPA").
The Parties therefore agree:
I. Recitals are hereby amended to add the following:
A. ARPA was signed into law in March 2021. ARPA authorizes the United States
Department of Treasury to provide funding for a number of different programs,
including the Coronavirus State and Local Fiscal Recovery Fund ("SLFRF"), to
provide monetary support to local governments to respond to, mitigate, and recover
from the COVID-19 public health emergency.
B. On July 20, 2021, the Santa Ana City Council authorized the City Manager to
utilize ARPA SLFRF funding from the United State Department of Treasury for
the Revive Santa Ana Spending Plan, which includes five spending categories:
recovery from the pandemic, direct assistance programs, public health and safety,
critical infrastructure, and city fiscal health.
C. The primary purpose of the Agreement is to provide consulting services
related to public health and lessening the spread of COVID-19.
D. The Grant Program is specifically listed as an enumerated eligible use of SLFRF
payments tinder expenditure category 1.4 of the Department of the Treasury Final
Rule for the Act, Public Health: Prevention in Congregate Settings.
II. Section 2, Compensation, shall be amended to increase the compensation by utilizing
$700,000 from ARPA/REVIVE Santa Ana Rinds. The total sum to be expended under this
Agreement, including any extension periods, shall not exceed $1,966,568.
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3. Section 21, Grant Program Requirements, shall be added to the Agreement as follows:
Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal
Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds
("CSLFRF") program, will be used to fund all or a portion of this Agreement. As applicable,
Consultant shall comply with all federal requirements including, but not limited to, the
following, all of which are expressly incorporated herein by reference:
a. Sections 602 and 603 of the Social Security Act as added by Section 9901 of the
American Rescue Plan Act of 2021 (the "Act");
b. U.S. Department of the Treasury ("Treasury") Final Rule for the Act, available at
https://www. govinfo . gov/content/pkg/FR-2022-01-27/pdf/2022-00292.pdf;
C. Treasury Compliance and -Reporting _Guidance for the Act, available at
https:Hhome.treasury. gov/system/file s/ 13 6/SLFRF-Comp liance-and-Repo rting-
Guidance.pdf;
d. 2 CY.R. Part 200 — Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of
the Treasury may determine are inapplicable to the CSLFRF program and subject to such
exceptions as may be otherwise provided by the U.S. Department of the Treasury;
e. Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions;
and
£ Federal contract provisions attached hereto as Exhibit C and incorporated herein by
reference.
Subcontracts, if any, shall contain a provision making them subject to all of the provisions
stipulated in this Agreement. With respect to any conflict between such federal requirements
and the terms of this Agreement and/or the provisions of state law and except as otherwise
required under federal law or regulation, the more stringent requirement shall control.
Except as herein modified, all terms and conditions of the Agreement, shall remain in full force
and effect.
[Signatures on the following page]
Page 2 of 3
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the
Agreement on the date and year first written above.
ATTEST
Clerk of the Council
APPROVED AS TO FORM
SONIA R. CARVALHO
City Attorney
M.
Jose Montoya
Assistant City Attorney
RECOMMENDED FOR APPROVAL
Nabil Saba
Executive Director
Public Works Agency
CITY OF SANTA ANA
Kristine Ridge
City Manager
SUPERIOR PROPERTY SERVICES, INC.
By: Ronald L. Bruneck, President
Title:
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