HomeMy WebLinkAboutKIZH NATION RESOURCES MANAGEMENT4SURANCE ON FILE N-2024-078
WORN MAY PROCEED
UNTIL I UIVS RANCE�PIRES
CITY C l,� �//(�-
DATE: O 8 2OZ4
CONSULTANT AGREEMENT BETWEEN KIZH NATION RESOURCES
. py pA t2) MANAGEMENT AND THE CITY OF SANTA ANA FOR
NATIVE AMERICAN MONITORING SERVICES
THIS AGREEMENT is made and entered into on this 18th day of September, 2023, by and
between KIZH Nation Resources Management ("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. The City desires to retain a consultant have special skill and knowledge in the field of
Native American monitoring services.
B. Consultant represents that it is able and willing to provide such services to the City
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting 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
Consultant shall perform during the term of this Agreement, the tasks and obligations
including all labor, materials, tools, equipment, and incidental customary work required to fully
and adequately complete the services described and set forth in Consultant's Scope of Work
attached hereto and incorporated herein by reference as Exhibit A.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for
City, the rates and charges identified in Consultant's Fee Proposal, attached hereto and
incorporated herein by reference as Exhibit B. The total compensation provided to
Consultant for its services during the entire term of the Agreement, including any
extension periods, shall not exceed $30,000.00, which is comprised of: (1) a base
amount of $26,993.30 and (2) a contingency in the amount of $3,006.70 for additional
as -needed services, to be exercised at City's sole discretion.
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 which may reasonably be expected by City.
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3. TERM
This Agreement shall commence on the date first written above and continue for a period
of one (1) year, with the option for the City to grant up to two (2), six (6) month extensions,
exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in
accordance with Section 15, below.
4. 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.
5. 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.
6. 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. Minimum Scope and Limit of Insurance
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01
covering CGL on an "occurrence" basis, including products and completed
operations, property damage, bodily injury and personal & advertising injury with
limits no less than $1,000,000 per occurrence. If a general aggregate limit applies,
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either the general aggregatelimit shall apply separately to this project/location (ISO
CG 25 03 or 25 04) or the general aggregate limit shall be twice the required
occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 00 01 covering
any auto (Code 1), or if Consultant has no owned autos, hired (Code 8) and non -
owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily
injury and property damage.
3. Workers' Compensation: Insurance as required by the State of California, with
Statutory Limits, and Employer's Liability Insurance with limit of no less than
$1,000,000 per accident for bodily injury or disease.
4. Professional Liability (Errors & Omissions): Insurance appropriate to Consultant's
profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000
aggregate.
5. Broader Coverage: If Consultant maintains broader coverage and/or higher limits
than the minimums shown above, the City requires and shall be entitled to the
broader coverage and/or the higher limits maintained by Consultant. Any available
insurance proceeds in excess of the specified minimum limits of insurance and
coverage shall be available to the City.
6. Self -Insured Retentions: Self -insured retentions must be declared to and approved
by the City. The City may require the Consultant to provide proof of ability to pay
losses and related investigations, claim administration, and defense expenses within
the retention. The policy language shall provide, or be endorsed to provide, that the
self -insured retention may be satisfied by either the named insured or City.
b. Other Insurance Provisions: The insurance policies are to contain, or be endorsed
to contain, the following provisions:
1. Additional Insured Status: The Entity, its officers, officials, employees, and
volunteers are to be covered as additional insureds on the CGL policy with respect
to liability arising out of work or operations performed by or on behalf of the
Contractor including materials, parts, or equipment furnished in connection with
such work or operations. General liability coverage can be provided in the form of
an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20
10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG
20 33, or CG 20 38; and CG 20 37 if a later edition is used).
2. Primary Coverage: For any claims related to this contract, the Contractor's
insurance coverage shall be primary coverage at least as broad as ISO CG 20 0104
13 as respects the Entity, its officers, officials, employees, and volunteers. Any
insurance or self-insurance maintained by the Entity, its officers, officials,
employees, or volunteers shall be excess of the Contractor's insurance and shall not
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contribute with it.
3. Notice of Cancellation: Each insurance policy required above shall provide that
coverage shall not be canceled, except with notice to the Entity.
4. Waiver of Subrogation: Contractor hereby grants to Entity a waiver of any right to
subrogation which any insurer of said Contractor may acquire against the Entity by
virtue of the payment of any loss under such insurance. Contractor agrees to obtain
any endorsement that may be necessary to affect this waiver of subrogation, but
this provision applies regardless of whether or not the Entity has received a waiver
of subrogation endorsement from the insurer.
5. Self -Insured Retentions: Self -insured retentions must be declared to and approved
by the Entity. The Entity may require the Contractor to purchase coverage with a
lower retention or provide proof of ability to pay losses and related investigations,
claim administration, and defense expenses within the retention. The policy
language shall provide, or be endorsed to provide, that the self -insured retention
may be satisfied by either the named insured or Entity.
6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to
conduct business in the state with a current A.M. Best's rating of no less than A: VII,
unless otherwise acceptable to the Entity.
Verification of Coverage: Contractor shall furnish the Entity with original
Certificates of Insurance including all required amendatory endorsements (or
copies of the applicable policy language effecting coverage required by this clause)
and a copy of the Declarations and Endorsement Page of the CGL policy listing all
policy endorsements to Entity before work begins. However, failure to obtain the
required documents prior to the work beginning shall not waive the Contractor's
obligation to provide them.
8. The Entity reserves the right to require complete, certified copies of all required
insurance policies, including endorsements required by these specifications, at any
time.
9. Claims Made Policies: If any of the required policies provide coverage on a claims -
made basis:
The Retroactive Date must be shown and must be before the date of the contract
or the beginning of contract work.
Insurance must be maintained and evidence of insurance must be provided for
at least five (5) years after completion of the contract of work.
If coverage is canceled or non -renewed, and not replaced with another claims -
made policy form with a Retroactive Date prior to the contract effective date,
the Contractor must purchase "extended reporting" coverage for a minimum of
five (5) years after completion of contract work.
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10. Subcontractors: Contractor shall require and verify that all subcontractors maintain
insurance meeting all the requirements stated herein, and Contractor shall ensure
that Entity is an additional insured on insurance required from subcontractors.
It. Special Risks or Circumstances: Entity reserves the right to modify these
requirements, including limits, based on the nature of the risk, prior experience,
insurer, coverage, or other special circumstances.
7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, 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, its subcontractors, agents, employees, or other persons acting on its behalf which
relates to the services described in section 1 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 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 out of,
pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and
employees against any and all liability, including costs, for infringement of any United States'
letters patent, trademark, or copyright infringement, including costs, contained in the work product
or documents provided by Consultant to the City pursuant to this Agreement.
9. 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
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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.
10. 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.
11. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under this
Agreement.
12. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, gender identity, gender expression, gender, medical conditions, genetic
information, or military and veteran status, age, national origin, ancestry, or disability, as defined
and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization,
promotion, termination or other employment related activities or any services provided 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.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, 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
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addition to, the terns and conditions hereof, shall not bind or obligate Consultant or the City. Each
party to this Agreement aclaiowledges 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 is not embodied herein.
14. 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 contractors retained by City.
15. 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(s) 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.
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.
17. 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.
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18. PROFESSIONAL LICENSES
Consultant shall, throughout the term 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.
19. 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:
City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Executive Director
Public Works Agency
City of Santa Ana
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702
To Consultant:
KIZH Nation Resources Management
Lexis Salas, Project Manager
910 N. Citrus Ave.
Covina, CA 91722
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
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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.
20. 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
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:
46
JENNIF L. ALL
rk
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
NATHAN T. MARTI Z
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
NABIL SABA
Executive Director
Public Works Agency
CITY OF SANTA ANA
Z�;;R
Tom Hatch
Interim city Manager
CONSULTANT:
Salas
;ct Manager
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EXHIBIT A
SCOPE OF WORK
SCOPE OF WORK
KIZH NATION RESOURCES MANAGEMENT
-A Native American Owned and Operated Small Minority Business -
This agreement for Native American monitoring services is entered into ^^ by and
between, KIZH NATION RESOURCES MANAGEMENT ("KNRM"), and Public Works Agency, Water
Resources Division ( Public Works Agency, Water Resources Division or the "Lead Agency')
(collectively referred to as, the "Parties"), for the compliance of the development project located
at 651-657 E. Washington Avenue, Santa Ana, CA 92701 (the "Project Site'), with the mitigation
measures adopted by the Project lead agency, City of Santa Ana (the 'lead agency" or " Santa
Ana"), pursuant to the California Environmental Quality Act ("CEQA) (hereinafter, the "Project").
RECITALS
WHEREAS, the Tribe consulted with the lead agency regarding the adverse impacts the Project
will have on tribal cultural resources ("TCR") at, on, and/or beneath the Project Site, and proposed
mitigation measures to reduce those impacts below the threshold of significance as required by the
California Environmental Quality Act ("CEQA");
WHEREAS, the lead agency found that substantial evidence supported the adoption of the Tribe's
proposed TCR mitigation measures and made those mitigations mandatory conditions of the Project
approval (collectively, the "Mitigations');
WHEREAS, the purpose of this Agreement is for the protection and preservation of the Tribe's
TCRs and compliance of the Project with the adopted Mitigations, which are attached hereto as Exhibit A
and incorporated herein by this reference.
[CONTINUED ON THE FOLLOWING PAGE]
1. SCOPE OF WORK
1.1, KNRM's Native American monitor will be physically present on the Project Site at all times ground -
disturbing Project activities are occurring. To implement the "tribal cultural resource" ("TCR")
Mitigations adopted for this Project, KNRM's monitor shall:
a) Monitor all "ground disturbing activities," including but not limited to, demolition,
grubbing/clearing, rough grading, precise grading, mass grading, trenching, excavation,
boring, augering, and weed abatement on previously disturbed and undisturbed ground;
b) Identify uncovered and/or discovered TCRs, including but not limited to Native American
artifacts, village sites, trade routes, midden deposits, ceremonial locations, human remains,
and grave goods (collectively referred to as, "TCR" or "TCRs");
c) Ensure all TCRs, especially human remains and associated grave goods, are treated with
culturally appropriate dignity and respect, and are handled and/or removed from the
Project Site in accordance with the Tribe's ceremonial and cultural practices ;
d) Attend and participate in Project meetings, including trainings and conferences, to inform
Project personnel about the potential for TCR discoveries and the appropriate courses of
action if/when a discovery occurs;
e) Create daily logs of observations made during monitoring, and provide written reports
detailing each TCR discovery, including but not limited to, the date and time, location on the
Project Site, nature of the soil In the discovery location, facts pertaining to the Project
activities in that area, the location of the perimeter around the TCR discovery that the
monitor establishes to protect the location, and any cultural findings; and
f) Report discoveries to the Tribal Chairman and/or the Tribal Archaeologist, and incorporate
their input regarding the treatment of the TCR(s).
1.2. In order to fully and effectively execute the monitoring services identified in Section 1.1 above, the
Parties agree that KNRM's monitor shall possess all of the following rights, which may be asserted at
any time and at any location on the Project Site:
a) To access any/all areas of the Project Site necessary to physically observe the "ground -
disturbing activities", as that phrase is defined in Section 1.1(a) above, as those ground -
disturbing activities are occurring;
b) To halt construction activity within the surrounding 50 feet (or more where deemed
necessary by KNRM's monitor) of a discovered TCR;
c) To meet and confer with the Project Supervisor in a timely manner regarding how to re-
direct Project activities in the vicinity of a discovered TCR and the time frame for imposing a
no -work perimeter around a discovered TCR;
d) To meet and confer with the Project Supervisor in a timely manner regarding issues
pertaining to effectively monitoring the Project Site in a manner that ensures compliance
with the Mitigations;
e) To be timely notified of all Project meetings, including safety meetings, trainings,
scheduling, etc„ and permitted to attend any/all meetings; and
f) To be treated in a respectful and courteous manner by all Project management, staff,
personnel, contractors, and subcontractors.
2. DISCOVERY OF NATIVE AMERICAN ARTIFACTS, GRAVE GOODS, AND/OR HUMAN REMAINS
2.1. If TCRs are found, the Tribe will retain it/them in the form and/or manner the Tribe deems
appropriate, for educational purposes.
2.2. If human remains and/or grave goods are discovered or recognized at the Project Site, all damage or
disturbance shall immediately cease, and the county coroner shall be notified per Public Resources
Code Section 5097.98, and Health & Safety Code Section 7050.5. Human remains and grave/burial
goods shall be treated alike per California Public Resources Code section 5097.98(d)(1) and (2).
2.3. The Lead Agency expressly acknowledges the obligations required of it under governing State and
Federal laws, including but not limited to, the California Public Resources Code, California Health &
Safety Code, California Government Code, and California Code of Regulations, in the event human
remains are discovered on the Project Site, and expressly agrees to comply with all such obligations,
and to the extent possible, obtain compliance of the property owner in the event human remains
are discovered on the Project Site but on land not owned and/or controlled by the Lead Agency.
2.4. Pursuant to Public Resources Code Section 3097.98, subsections (d) and (e), If human remains or
associated burial goods are found on the Project Site and in an area that is under the ownership
and/or control of the Lead Agency, the Lead Agency agrees to provide a designated area on the
property at which to reinter the remains and/or burial goods with appropriate dignity that is not
subject to further disturbance.
2.5. In the event that human remains and/or burial goods are found within the Project Site but in an
area that is outside of the ownership and/or control of the Lead Agency, the Lead Agency will make
a reasonable effort to secure an agreement with the property owner to reinter the remains and/or
burial goods with appropriate dignity in a designated area on the Project Site that is not subject to
further disturbance, as is required of the property owner pursuant to Public Resources Code Section
5097.98, subsections (d) and (e). If such an agreement with the property owner cannot be reached,
to the extent feasible, the Lead Agency will provide a designated area on the Project Site that is
within the Lead Agency's ownership and/or control, for reinternment of the human remains and/or
burial goods.
2.6. If the portion of the Project Site where human remains and/or burial goods are discovered is within
the ownership and/or control of the Lead Agency, pursuant to Public Resources Code Section
5097.98(b), the Lead Agency shall ensure that the immediate area surrounding the discovery will be
isolated and remain undisturbed until recommendations by the Tribe (within approximately 48-
hours). The grading and excavation may continue outside of the isolated area.
EXHIBIT B
CONSULTANT'S FEE PROPOSAL
Consultant's Fee Proposal
Kizh Nation Resources Management
Projected Cost Estimate Sheet
Native Monitoring
Date: July 14, 2023
Project Name and Address:
651-657 E. Washington Avenue, Santa Ana, CA 92701
Name of Contracting Party:
Name of Entity: Public Works Agency, Water Resources Division
Project Manager:
James Burk, PE I Senior Civil Engineer
Public Works Agency 1 215 S. Center Street I Santa Ana, CA 92704
714-647-3315 1 jburk@santa-ana.org
Estimate Based on 30 Days (240 hours) of Ground Disturbance
• Native American Monitoring $95 x 240 hrs
• Project Management $145 x 15 hrs
• Director $200 x 4 hrs
$ 22,800.00
$ 2,175.00
• Roundtrip Mileage(Federal Standard Rate is 0.655 effective since January 1, 2023) 62mi x 0.655 x 30 $ 1,218.30
Total Projected Costs $ 26,993.30
This estimate is based on the number of days provided for anticipated ground disturbance. The projected costs were based on 30
workdays = 240 hours of anticipated fieldwork.
The prices listed in the preceding table are an estimate for the services discussed. This summary is not a warranty of final price.
Estimates are subject to change if project specifications are changed or if project requirements exceed the tasks specified above.
Since assessments are subject to unknown variables such as the discovery of protected resources or change in project scope, a
A change order will be issued to cover the costs of additional work or inclusion of other tasks that may be necessary for project
compliance purposes.
*Weekend Rates and Overt -time rates are not included in this estimate but will be applicable if necessary. These rates are found in
Section 3.0 of the KNRM Monitoring Agreement.
Mazariego, Diana
From:
Sent:
To:
Subject:
Contractor
Name:
Project
Number:
Project
Name:
City of Santa Ana < Certificate- request@ctrax.jdidata.com>
Friday, February 9, 2024 11:29 AM
wateradmin; admin@knrm-nsn.us; Burk, James
Internal Notice of Compliance
NOTICE OF COMPLIANCE
CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL
Kizh Nation Resources Management
TBD (063)
Consultant Agreement Between Kizh Nation Resources Management And
The City Of Santa Ana For Native American Monitoring Services
The Certificate of Insurance (COI) submitted indicates that the coverages comply with the
insurance requirements.
The compliant coverage(s) are:
TYPE OF INSURANCE POLICY NUMBER EXPIRATION COI DATE FILE NAME
DATE
Kizh Nation
Resources
AUTOMOBILE LIABILITY BA558836145 05/16/2024 10/17/2023 Management -
Certificate of
Insurance- City
of Santa Ana.pdf
Kizh Nation
Resources
GENERAL LIABILITY BK058836145 05/16/2024 10/17/2023 Management -
Certificate of
Insurance- City
of Santa Ana.pdf
Kizh Nation
Resources
PROFESSIONAL LIABILITY (CLAIMS MADERETRO MPL226763323 09/26/2024 10/17/2023 Management-
DATE- 09/26/2017) Certificate of
Insurance- City
of Santa Ana.pdf
TYPE OF INSURANCE POLICY NUMBER i EXPIRATION COI DATE
DATE
WORKERS COMPENSATION AND EMPLOYERS' XW558836145 05/16/2024 10/17/2023
LIABILITY
___[
No further action is required at this time.
Thank you,
City of Santa Ana
Risk Management Division
in partnership with
CTrax Plus Services Team
2/9/2024 2:28 PM
FILE NAME
Kizh Nation
Resources
Management -
Certificate of
Insurance- City
of Santa Ana.pdf
2