HomeMy WebLinkAboutItem 12 - Collection Agency Services Finance and Management Services
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Item # 12
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 5, 2025
TOPIC: Collection Agency Services
AGENDA TITLE
Agreement with BC Services, Inc. for Collection Agency Services (Specification No. 25-
040) (General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with BC Services, Inc. to provide
collection agency services for a term beginning August 5, 2025 and expiring August 4,
2028, with provisions for two (2) 1-year extensions (Agreement No. A-2025-XXX).
GOVERNMENT CODE &84308 APPLIES: Yes
DISCUSSION
As part of its regular operations, the City routinely processes payments to vendors and
collects monies owed to Santa Ana. The Treasury and Customer Services Division JCS)
has historically led the City's collection efforts, managing delinquent account referrals
from all agencies. In addition, the City contracts with outside billing and collection services
for paramedic services and parking ticket citations. When both internal efforts and
contracted services are unable to recover outstanding debts, the accounts may be
referred to an outside collection agency for further action.
To support these efforts, TCS is committed to using all available resources to increase
the collection of monies legally owed to the City. The City makes several attempts to
collect in-house before delinquent accounts are referred to collection agencies. As part
of this process, the City issues a minimum of three collection letters to individuals and
businesses with outstanding balances. These letters notify them of the amount owed and
may offer payment alternatives, such as installment plans. The City strives to ensure that
a resident or business is provided an opportunity to resolve their debt before it is escalated
to a collection agency. If a customer fails to respond or does not adhere to a mutually
agreed upon payment schedule, the account is referred to a third-party collection agency
for further action.
The referral of delinquent accounts to third-party collection agencies is an efficient method
in managing debts owed to the City. These agencies have the resources required to
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August 5, 2025
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monitor accounts in addition to ensuring compliance with the Fair Debt Collection
Practices Act (FDCPA), Federal Fair Credit Reporting Act (FCRA), and other legislation.
The selected proposer has proven to adhere to all of the rules required for debt collection,
including state laws that protect debtors from harassment, abuse, and deceptive
practices. These rules include restrictions on communication times, the use of
threatening or profane language, and the representative of debt collection practices.
The City's current agreement with its temporary collection agency servicer expires
September 30, 2025. To enhance debt recovery and resume regular collection cycles,
staff initiated a competitive bidding process. Request for Proposals (RFP) No. 25-040
was issued on March 12, 2025, on the City's online bid management and publication
system. A summary of vendor participation and results is as follows:
72 Vendors Notified
1 Santa Ana Vendor Notified
31 Vendors Downloaded the RFP Packet
9 Proposals Received
0 Proposals Received from Santa Ana Vendors
Proposals were solicited, opened on April 10, 2025, and evaluated. Nine (9) proposals
were submitted by the RFP deadline, and eight (8) proposals were determined to be
responsive to the specifications and met the City's requirements. An evaluation
committee reviewed the responsive proposals and rated them according to the criteria
listed in the RFP.
Staff recommends awarding an agreement to the BC Services, Inc. ("BCS") (Exhibit 1).
The proposal submitted by BCS was found to meet the City's needs, offers the best value,
and is appropriate for the services requested. BC Services possesses a strong
background and experience, understanding of the scope of work, and value added
customer service.
Local Outreach Efforts
The Purchasing Division advertised this project on the City's online bid management and
publication system, which directly notified one (1) Santa Ana vendor. However, no Santa
Ana vendors downloaded the RFP packet or submitted a bid for consideration.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Payment for services is contingent upon successful collection, regardless of effort spent
on individual accounts. There is no direct fiscal impact on any expenditure accounts. The
vendor will retain a fee ranging from 14.5% to 25% of the amounts collected. This
includes 14.5% for accounts placed with the vendor for initial collection efforts and 25%
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August 5, 2025
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for accounts that have previously been worked by another collection agency or that
require City-authorized legal action.
These types of fees are standard within the industry and are lower than the rates currently
paid by the City. BCS has also agreed that the City may withdraw any uncollected
accounts at any time without charge or penalty. As a result, net revenues will be reduced
by the amount paid to the vendor for collections.
EXHIBIT(S)
1. Consultant Agreement with BC Services, Inc.
2. RFP 25-040
Submitted By: Alex Trinidad, Executive Director, Finance and Management Services
Agency
Approved By: Alvaro Nunez, City Manager
EXHIBIT 1
AGREEMENT FOR COLLECTION AGENCY SERVICES
BETWEEN BC SERVICES, INC. AND
CITY OF SANTA ANA
THIS AGREEMENT is made and entered into on this 5th day of August, 2025 by and between BC
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 March 12, 2025, the City issued a Request for Proposal No 25-040 ("RFP") by which
it sought to retain a firm having the required skill and knowledge in general collection
agency services.
B. Consultant submitted a responsive proposal that was selected by the City. Consultant
represents that Consultant is able and willing to provide such services to the City described
in the scope of work that was included in the RFP. The RFP is referenced herein as if
incorporated in full.
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 below and in Scope of Services -
Exhibit A, attached hereto and incorporated by reference.
2. COMPENSATION
a. Consultant shall provide services on a contingency basis and retain commission on all
monies actually collected on assigned accounts, whether paid to City or Consultant, at
the following rates:
i. 14.5%for all first and second placement accounts receivable initially placed for
collection with Consultant beginning September 1, 2025;
ii. 25%for all second placement accounts receivable initially placed for collection
with Consultant beginning January 1, 2026; and
iii. 25% for accounts requiring City-authorized legal action whereas approval must
be obtained from City prior to initiating any legal action on an account.
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b. Consultant agrees that City may withdraw any uncollected accounts without any charge
or penalty regardless if collection efforts were made.
c. Payment, less commission, shall be remitted to City by the 20th day of the month
following collection with supporting documentation evidencing work performed,
subject to City accounting procedures. City and Consultant agree that all payments due
and owing under this Agreement shall be made through Automated Clearing House
(ACH) transfers. Consultant agrees to execute the City's standard ACH Vendor
Payment Authorization and provide required documentation. Upon verification of the
data provided, the Consultant will be authorized to deposit payments directly into
City's account(s) with financial institutions. City agrees that any outstanding service
invoices will also be remitted payment directly into Consultant's account(s) with
financial institutions through ACH transfers. 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.
3. TERM
This Agreement shall commence on the date first written above for a three (3) year term
with the option for the City to grant up to two 1-year renewals, 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 Consultant 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
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Documents & Data. Consultant makes no such representation and wairanty 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 any subcontractors to obtain and maintain insurance as described below for the
entire Term of this Agreement against claims for injuries to persons or damage to property which
may arise from or in connection with services,products and materials supplied to City. Total cost
of such insurance shall be borne by Consultant.
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 and $2,000,000 aggregate. Required policy limits can be met
with primary and umbrella/excess insurance policies.
2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any
auto), with limits no less than $1,000,000 combined single limits. In the event Consultant
does not maintain commercial automobile liability insurance, City will accept evidence of
personal automobile insurance.
3. Workers' Compensation: 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,
policy or employee, for bodily injury or disease. Coverage is not required if Consultant has
no employees and signs request to waive such insurance.
4. Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or
claim, and$2,000,000 aggregate.
If Consultant maintains broader coverage and/or higher limits than the minimum
requirements for each line of coverage shown above, 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 City.
Other Insurance Provisions
The above required insurance policies are to contain or be endorsed to contain the
following provisions:
1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be
covered as additional insureds, under Consultant's CGL, Professional Liability, and
Automobile Liability policies,with respect to any liability arising out of work or operations
performed by or on behalf of the Instructor including materials, parts, equipment, and
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personnel furnished in connection with such work or operations.
2. Consultant's Insurance company(ies) agrees to waive all rights of subrogation against City,
its City Council, its officers, officials, employees, agents, and volunteers for losses paid
under the terms of any policy which arise from work performed by Consultant under this
Agreement.
3. For any claims related to this contract, Consultant's insurance coverage shall be primary
and any insurance maintained by City, it's City Council, its officers, officials, employees,
agents, or volunteers shall not contribute with it.
4. A severability of interest provision must apply for all the additional insureds, ensuring that
Consultant's insurance shall apply separately to each insured against whom a claim is made
or suit is brought, except with respect to the insurer's limits of liability.
5. Insurance policies required herein shall provide that coverage shall not be canceled,
suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or
materially changed except after thirty(30)days prior written notice has been given to City.
Ten (10) days prior written notice shall be provided to City for policy cancellation or non-
renewal due to non-payment of premium.
6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana,
Attention: Finance & Management Services Agency, City of Santa Ana, 20 Civic
Center Plaza (M-15) P.O. Box 1988, Santa Ana, California 92702. The name and
location of project must be included in the Description of Operations section of each
certificate.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require
the Consultant 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.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the State of
California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to
City.
Verification of Coverage
Consultant shall furnish City 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 before work begins. However, failure to obtain the required documents prior
to the work beginning shall not waive Consultant's obligation to provide them.
City reserves the right to require complete, certified copies of all required insurance
policies, including endorsements required by these specifications, at any time.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature
of the risk,prior experience, insurer, coverage, or other special circumstances.
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7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, contractors, 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, 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, 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 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
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
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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
a. 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.
b. No immediate family members of either the Mayor, City Council Member, or any
appointed City Official, including appointed board and commission members, as
defined under the City's Municipal Code, whose position with the City shall award or
influence the award of this Agreement, or any competing contract or amendment
thereof, shall be employed in any capacity by the Consultant or have any other direct
or indirect financial benefit or interest in this Agreement.
c. The section also prohibits the awarding of any agreement, contract, grant, or any
amendment to those awards, to any former full-time employee for one-year from date
of employee separation except for any Ca1PERS retiree as authorized by City Council
resolution
d. The Consultant must comply with all conflict of interest laws, ordinances, and
regulations now in effect or hereafter to be enacted during the term of this Agreement.
The Consultant warrants that it is not now aware of any facts which conflict with the
prohibitions defined above. If the Consultant hereafter becomes aware of any facts that
might reasonably be expected to create a conflict of interest, it must immediately make
full written disclosure of such facts to the City. Full written disclosure must include,
but is not limited to, identification of all persons implicated and a complete description
of all relevant circumstances. Failure to comply with the provisions of this paragraph
will be a material breach of this Agreement.
e. Consultant covenants that none of its directors, officers, employees, or agents shall
participate in selecting or administrating any subcontract supported(in whole or in part)
by City funds stemming from the Agreement where the awarding of the subcontract
has any direct or indirect financial benefit or interest to any individual, as defined in
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subsections (b) and(c) above.
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
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 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 Consultants 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.
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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.
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, Finance &Management
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Services Agency
City of Santa Ana
20 Civic Center Plaza(M-15)
P.O. Box 1988
Santa Ana, California 92702
To Consultant:
Alexandra Slocum
EVP Sales and Marketing
BC Services, Inc.
550 Disc Drive
Longmont, CO 80503
Fax: (303) 532-3544
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.
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.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF,the parties hereto have executed this Agreement the date and year first
above written.
ATTEST: CITY OF SANTA ANA
Jennifer L. Hall Alvaro Nunez
City Clerk City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO CONSULTANT:
City Attorney
Y —
Andrea Garcia-Miller Chris Gaddis
Assistant City Attorney CEO
RECOMMENDED FOR APPROVAL:
Alexander Td I'd Id(J,[21,202514:11 PDT
Alex Trinidad, CPA
Executive Director
Finance anal Management Services Agency
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EXHIBIT A
SCOPE OF SERVICES
Revenue collection services for unpaid and delinquent accounts receivables will include:
• Collection of miscellaneous delinquent accounts receivable items where customers have not paid
for services or charges from the City (e.g. Third-Party Liability Billing, Business License
Delinquent Accounts, Municipal Utility Services Delinquent Accounts, Dog License Delinquent
Accounts, etc.).
• Collection on delinquent Administrative Citations where members of the public have not paid for
citation(s)issued due to a code violation within the City limits.
• Administrative Citations and/or Unpaid City Taxes and Fees associated with Cannabis Accounts
• Collection of delinquent paramedic and ambulance ground emergency medical transportation
service charges.
• Collection of other debts, charges, or monies owed to the City by members of the public and
current or previous employees or officials of the City
Required Scope of Services:
1. Firm shall provide collection services for debts owed to the City for Delinquent Billing.
2. Firm shall designate a manager for the City's account who will be the City's primary contact with
the Firm.
3. City and/or City's contracted third party vendor shall submit delinquent accounts for collection
via e-mail or electronic filing. Firm shall provide acknowledgement within five (5) business days
of account placement.
4. City shall provide documentation to firm for each account,including name, any available customer
information, last known address, account number, and balance due.
5. Firm shall make a minimum of two written or telephone contacts for each account (unless the
account clears sooner)within forty-five (45) days of receipt of account.
6. Firm shall maintain complete records of each account referred by the City, including all
correspondence, documents, account records, transactions and a detailed log of all collection
efforts of actions. These records shall be retained for a minimum of three years after termination
of collection actions on each account.
7. The firm shall provide a detailed action plan outlining its backup and disaster recovery procedures
for servers containing debtor data, ensuring data integrity, security, and business continuity in the
event of a disaster.
8. Firm shall provide to the City a monthly report on the status of each account including: account
number, customer name, the amount received, the balance due and date of last payment, and the
actions taken on the account. Firm should immediately advise the City of any account that is paid
in full or deemed uncollectible. If an account is deemed uncollectible, information regarding this
determination must be provided to the City. The firm is not entitled to collection fees after it
determined that an account is uncollectible,regardless if payment is made to the City.
9. Firm shall provide to the City quarterly financial summary reports including totals for receipts, net
accounts receivable,total accounts receivable, and collection percentage.
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10. Firm shall provide to the City an annual financial summary report as of June 30th (City's fiscal
year end) including totals for receipts, net accounts receivable, total accounts receivable and
collection percentage. This report should be submitted to the City no later than July 31 st of each
year.
11. At any time, all records of the firm pertaining to the City shall be subject to inspection, review, or
audit by City, State, or Federal officials, during the contract period and for seven years after the
termination of the contract.
12. Firm shall guarantee the confidentiality, security and safety of all files, documents and information
provided by the City, except as to disclosure required by federal and state laws and regulations.
13. Firm will exercise its best ethical, prudent, lawful, and professional efforts to secure collections
on all accounts referred by the City. Collections activities shall comply with all federal, state and
local laws, and applicable regulations including but not limited to the Federal Fair Debt Collection
Practices Act.
14. Firm will process all customer payments in accordance with applicable Payment Card Industry
(PCI) security requirements.
15. Firm shall be HIPPA(Health Insurance and Portability and Accountability Act of 1996)compliant
and maintain compliance throughout the term of the contract.
16. In accordance with the Fair and Accurate Credit Transaction (FACT) Act, the firm must have an
identity theft prevention program in place.
17. Firm shall report all uncollectible accounts to Experian. Reporting must be done in accordance
with all federal, state and local laws, including but not limited to, the Fair Debt Collections
Practices Act, the Federal Equal Credit Opportunity act, and the Consumer Credit Protection Act.
Firm shall not report accounts to Experian until the firm has worked the account for 45 days. At
the request of the City, the firm shall remove an account notification from Experian and provide a
copy of that notification to the City. The City retains the right to recall any accounts assigned for
collection without charge or penalty from the firm. Upon recall by the City, no further collection
efforts on recalled accounts may be undertaken. If the account being recalled was reported to
Experian, it is expected that the record be cleared from the customer's credit report and written
confirmation provided to the City upon request.
18. Firm reporting shall comply in accordance with the Federal Fair Credit Reporting Act (FCRA)
regulations which established two types of debt categories. 1) "Permissible Debt" such as, unpaid
utility billings, unpaid paramedic billings, and any unpaid sums relating to City Services which
were electively sought or contracted for from the City, and 2) "Prohibited Debt" such as, taxes,
licensing and permit fees, towing & impound fess/costs, administrative code violations, and
damage to City property. Permissible debts may continue to be reported to credit reporting
agencies; prohibited debts may not.
19. Firm shall not assign or subcontract any portion of this agreement or transfer or assign any claim,
pursuant to the contract, without the written consent of the City.
20. Firm shall make contacts with delinquent accounts under the name of the firm and not the City of
Santa Ana.
21. Firm shall instruct consumers to submit payments to the firin and not to the City of Santa Ana
except by written agreement by the City. The firm shall be notified of any payments made to the
City of Santa Ana for accounts under collection with the firm. The firm will be entitled to collection
fees only if notice was sent to the assigned accounts. The firm will not be entitled to collection
fees if payment was submitted to the City and no work was yet done on the assigned accounts.
22. Firm shall collect and deposit payments from customers and on no later than the 20t" day of every
Page 12 of 13
#2068906vl
month following collection, submit an ACH deposit to the City for all monies collected in the
previous month, less collection fees, along with a report including the account name and number,
amount collected and collection fees.
23. Any compromise settlement of principal or charges shall be agreed upon in writing between the
film and the City prior to acceptance.
24. Firm may allow for time payment agreements (payment plans) and may enter into time payment
agreements with consumers for any period less than one year without the consent of the City. Any
time payment agreement extending beyond one year from the date of initiation of plan or any
account owing more than $5,000 must be agreed upon in writing between the firm and the City
prior to acceptance.
25. No legal actions shall be taken by the firm without express written consent of the City.
26. Firm shall be solely responsible for any and all costs incurred in and associated with the collection
of debts referred to it by the City.
27. In the event of contract termination or the bankruptcy/dissolution of the firm, all accounts and
documentation relating to City accounts shall be returned to the City, regardless of status or
payment arrangements made with consumers.
Page 13 of 13
#2068906vl
Consultant Agreement-BC Services Collections
AO_BCS (002)
Final Audit Report 2025-07-21
Created: 2025-07-21
By: Kristin Andrade(kandrade@santa-ana.org)
Status: Signed
Transaction ID: CBJCHBCAABAAakeTXHJOKPYvuY73vkQFY8FbL5H-pxz8
"Consultant Agreement—BC Services Collections - CAO_BCS (0
02)" History
Document created by Kristin Andrade (kandrade@santa-ana.org)
2025-07-21 -5:24:04 PM GMT
Document emailed to Alexander Trinidad (atrinidad@santa-ana.org)for signature
2025-07-21 -5:24:22 PM GMT
Email viewed by Alexander Trinidad (atrinidad@santa-ana.org)
I2025-07-21 -8:15:06 PM GMT
Document e-signed by Alexander Trinidad (atrinidad@santa-ana.org)
Signature Date:2025-07-21 -9:11:53 PM GMT-Time Source:server
Agreement completed.
2025-07-21 -9:11:53 PM GMT
Adobe Acrobat Sign
EXHIBIT 2
REQUEST FOR PROPOSALS NO. 25-040
FOR
COLLECTION AGENCY SERVICES
11
oDtI. T
FOVNDF DfiB
CITY OF SANTA ANA
KEY RFP DATES: The schedule below is tentative and subject to change at the
discretion of City, with appropriate notice to prospective Proposers.
Issue Date: Wednesday, March 12, 2025
Deadline for Questions: Monday, March 24, 2025, 4:00 P.M.
Proposal Due Date: Thursday, April 10, 2025, 4:00 P.M.
11
CITY OF SANTA ANA
TABLE OF CONTENTS
I. BACKGROUND...........................................................................................................................3
II. OVERVIEW OF PROJECT..........................................................................................................3
III. TERM OF AGREEMENT ............................................................................................................3
IV. MINIMUM QUALIFICATIONS......................................................................................................3
V. RESPONSE TO RFP ..................................................................................................................3
VI. CERTIFICATIONS (ATTACHMENTS).........................................................................................8
VII. REFERENCES............................................................................................................................8
VIII. MINIMUM SCOPE AND LIMIT OF INSURANCE......................................................................... 9
IX. SELECTION PROCEDURES & CRITERIA ................................................................................. 9
X. WITHDRAWALS........................................................................................................................ 10
XI. GENERAL TERMS AND CONDITIONS .................................................................................... 10
XII. AWARD OF AGREEMENT........................................................................................................ 15
XIII. IMPLEMENTATION................................................................................................................... 15
EXHIBITS
Exhibits provided herein for Proposers'reference only.
EXHIBIT I —SCOPE OF SERVICES
EXHIBIT 11—SAMPLE AGREEMENT
ATTACHMENTS
A PROPOSER'S CERTIFICATION, PROPOSAL ITEM PRICING
B REFERENCES
C PROPOSER'S STATEMENT
D NON-COLLUSION AFFIDAVIT
E NON-LOBBYING CERTIFICATION
F NON-DISCRIMINATION CERTIFICATION
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CITY OF SANTA ANA
I. BACKGROUND
The City of Santa Ana, California, is rich in culture and pride, the county seat of Orange County,
and encompasses an area of approximately 27 square miles. For more information, please visit
https://www.santa-ana.org/
II. OVERVIEW OF PROJECT
The City of Santa Ana (City) is seeking proposals from qualified firms and organizations
(Proposers) to provide general collection services for the City's delinquent accounts and past
due invoices. See EXHIBIT I for the complete Scope of Services.
The term "Vendor", "Proposer", "Firm", "Consultants", and "Contractor" shall refer to any legal
entity or entities submitting a proposal in response to this Request for Proposals (RFP).
III. TERM OF AGREEMENT
The anticipated term of the agreement is for an initial period of three (3) years. The City may, at
its discretion, extend the agreement with the same or more limited scope of required services for
two (2) additional one-year periods, upon mutual agreement contingent upon City Council
approval, or City Manager or City Attorney authorization, as appropriate. The total term of the
awarded agreement shall not exceed five (5) years.
Usage is not guaranteed. Execution of an agreement between the City and successful firm(s)
and/or individual(s) does not guarantee work throughout the duration of the contract period.
Numerous factors will be evaluated by the City in its delivery of project and assignments,
including technical expertise required.
IV. MINIMUM QUALIFICATIONS
1) Contractor must have been in business continuously for the most recent five (5) years prior
to the date of this RFP.
2) Minimum three (3) most recent years of experience performing similar services as those
detailed in the Scope of Services section of this RFP.
3) The firm must be licensed and in good standing with the State of California's Department of
Financial Protection & Innovation to perform debt collection services.
4) In accordance with the Fair and Accurate Credit Transaction (FACT)Act, the firm must have
an identity theft prevention program in place.
V. RESPONSE TO RFP
A. SUBMITTAL INSTRUCTIONS
It is the responsibility of the Proposer to ensure that any proposals submitted have been
uploaded to PlanetBids prior to the RFP due date and time. Proposals, including all required
sections and forms, shall be submitted electronically via the City's Bid Management System,
PlanetBids. No other form of submittal will be accepted.
PlanetBids will not accept late proposals and no exceptions shall be made. Proposers will
receive an e-bid confirmation number with a time stamp from PlanetBids indicating that their
City of Santa Ana RFP No.25-040 Page 3 of 33
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proposal was submitted successfully. The City will only receive and consider those proposals
that were transmitted successfully. Submit proposal online at:
http://www.planetbids.com/portal/Rortal.cfm?CompanylD=20137.
Proposer shall be solely responsible for informing itself with respect to the proper utilization
of the bid management system, for ensuring the capability of their computer system to upload
the required documents, and for the stability of their internet service. Failure of the Proposer
to successfully submit an electronic proposal shall be at the Proposer's sole risk and no relief
will be given for late and/or improperly submitted proposals. Proposers experiencing any
technical difficulties with the bid submission process may contact PlanetBids at (818) 992-
1771. Questions of an operational nature may be directed to the City's assigned Buyer.
Neither the City, nor PlanetBids, makes any guarantee as to the timely availability of
assistance, or assurance that any given problem will be resolved by the bid submission
deadline.
Proposals shall NOT be sent via telegraphic, electronic, or facsimile means.
All notifications, updates and addenda will be posted online on PlanetBids at
https://www.planetbids.com/portal/portal.cfm?CompanylD=20137. Proposers shall be
responsible for monitoring the site to obtain information regarding this solicitation. Failure to
respond to required updates may result in a determination of a nonresponsive proposal.
B. COMMUNICATION / CONTACT WITH CITY STAFF
Unless otherwise authorized herein, Proposers who are considering submitting a proposal in
response to this RFP, or who submit a proposal in response to this RFP, are only to
communicate with the assigned Project Coordinator(s), and no other City staff about this RFP
from the date this RFP is issued until a contract is awarded. The City will provide all official
communication concerning this RFP in writing via the City's Bid Management System,
PlanetBids.
The City will not be responsible for or bound by any oral communication or any other
information or contact that occurs outside the official communication process specified
herein, unless confirmed in writing by the designated Project Manager(s).
C. REQUEST FOR INFORMATION OR CLARIFICATION /QUESTIONS
Questions regarding this RFP shall be submitted via PlanetBids. Responses to all questions
will be posted on PlanetBids no later than the date and time shown at the schedule of key
RFP dates on the cover page of this RFP. All prospective Proposers are advised to visit
PlanetBids on a regular basis as responses may be posted earlier than the date above (if
applicable). No verbal requests or responses will be accepted. Significant interpretations or
clarifications will be addressed via addenda to this RFP.
Significant interpretations or clarifications and responses to questions received by the
deadline will be addressed via addenda to this RFP, which will be released and posted on
PlanetBids under the "Addenda/Emails" tab.
General process questions may be directed to the following:
Jacques Lam
Buyer
Ilam(a�santa-ana.orq
City of Santa Ana RFP No.25-040 Page 4 of 33
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D. EXCEPTIONS
Requests submitted for City's consideration of proposed terms and conditions, including
modifications to the City's RFP and/or Contract terms and conditions must be submitted by
the deadline for questions. Such requests should include an attachment in Word or PDF
format on formal company letterhead that shows the requested modifications. Should the
Proposer be considered for award recommendation and progress into the negotiations
phase, the requests for exceptions or modifications to the City's terms and conditions will be
discussed at that time. The City will not accept any requests after the deadline for questions
and reserves the right to reject or strike any requests for exceptions or additional terms and
conditions related to Agreement, RFP, and insurance and indemnification terms and
conditions.
E. ADDENDA
Any changes in RFP from the date of release to date of submittal will result in an addendum
or amendment. Notification of such addendum or amendment shall be posted on City's
PlanetBids system, https://www.planetbids.com/portal/portal.cfm?CompanylD=20137.
Proposers shall be responsible for monitoring the site to obtain information regarding this
solicitation.
F. UNDERSTANDING PROPOSAL
It is the responsibility of each Proposer to inquire about any criteria, condition, term, provision,
or requirement of the RFP that the Proposer does not understand. Responses to inquiries,
if they significantly change or clarify the RFP requirements or any aspect of the procurement
process, will be forwarded by addenda to all Proposers. The City will not be bound by any
oral responses to inquiries. By submitting proposals, Proposers assert that they have fully
read the RFP and any addenda issued by the City, the proposed Contract and any other
Contract Documents, and affirm that the terms and conditions stated therein are fully
understood and are acceptable to the Proposer. Each Proposer accepts the terms and
conditions of the Contract Documents and indicates their ability and willingness to perform
the requested services under such terms and conditions. Any exceptions to the terms and
conditions set forth in the Contract Document shall be submitted to the City by the deadline
to submit requests for information or clarification/questions set forth herein.
G. PROPOSAL CONTENTS
Proposals are to be prepared in such a way as to provide a straightforward, concise
delineation of capabilities to satisfy the requirements of this RFP. Colored displays,
promotional materials, photographs etc., are not necessary or desired. Emphasis should be
concentrated on conformance to RFP instructions, responsiveness to the RFP requirements,
and on completeness and clarity of content. Digital dividers and clear organization of content
and material are encouraged.
1. Statement of Qualifications (SOQ)
SOQ must include a Table of Contents and be limited to a maximum of 20 pages
(excluding City's required Certifications listed in Section VIII below; Proposal Cover
Letter, section dividers, table of contents, front/back cover pages). The page limitation
includes all appendices, attachments, and supplemental information. Additionally, SOQ
must include the following:
a. Cover Letter
Proposals shall include a letter signed by a principal or authorized representative who
can make legally binding commitments for the entity. Include type of business entity.
Cover Letter shall not exceed one page.
City of Santa Ana RFP No.25-040 Page 5 of 33
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CITY OF SANTA ANA
Cover letter must be addressed to the following City Project Manager:
Alejandra Gutierrez, Treasury and Customer Services Manager and
Robert Zubiate, Senior Management Analyst
City of Santa Ana — Finance & Management Services Agency
20 Civic Center Plaza, M-15
Santa Ana, CA 92701
b. Services Provided
A description of proposed services to be provided and how they meet the needs of the
City as described in Exhibit I —Scope of Services.
c. Agreement Statement
Proposal shall include a statement outlining your concurrence or reference to concerns
previously submitted with any and all provisions as contained in EXHIBIT II —Sample
Agreement of this RFP (if any).
d. Firm and Team Experience
Proposal shall include a profile of the firm's experience including the following:
i. A general description of the firm, including size and number of employees
working directly with the City on this agreement, and the firm's Nationwide
Multistate Licensing System (NMLS) ID number.
ii. Firm's nearest address serving the City of Santa Ana and headquarters
address.
iii. Name and contact information of the supervising Project Manager/Principal
Agent, to be assigned to the agreement. The Project Manager/Principal
Agent shall be the primary contact person to represent your firm and will be
the person to conduct the presentation, if invited to an interview.
iv. Resumes for all key staff proposed describing relevant experience.
e. Proposed Work Plan
Proposal shall include a statement demonstrating the firm's understanding of the
Scope of Services and the ability of the firm to make collections in all fifty states, in
addition to the firm's ability to file reports with all three national credit bureaus.
Additionally, proposed work plan shall include Proposers':
i. Anticipated approach to performing services as specified herein;
ii. Suggestions or special concerns the evaluation committee should take into
consideration (if any);
iii. Description of deliverables and implementation plan. Proposer shall submit a
general description of the deliverables, implementation plan, and timeline.
iv. Description of the methodology that will be followed in carrying out the
responsibilities outlined in Exhibit I — Scope of Services. Clearly describe all
collection services proposed for the City. As a part of the description, identify
the responsibilities of the City and the responsibilities of the firm. Also, describe
the coordination required between the customer, the City, and the firm if an
City of Santa Ana RFP No.25-040 Page 6 of 33
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CITY OF SANTA ANA
account is assigned. Please provide any additional information or suggestions
that will aid in the City's selection process.
v. Provide sample copies of the type of reports the City could expect to receive
from the firm with each report clearly marked as to the type of information the
particular report is trying to convey (this can be included as part of an
attachment). A monthly report on the amount assigned, the amount collected,
the amount returned, and the overall collection rate is required, at minimum.
vi. Provide sample letters to be sent to delinquent accounts. Be sure to indicate
what collection method each letter pertains to (this can be included as part of
an attachment).
vii. Provide a statement of the dollar amount(s) of an account below which your
firm will not actively pursue regular collection and/or legal action. (Indicate
whether dollar amount(s) is applied per individual assigned debt or bundled per
multiple assigned debts).
viii. Identify any toll-free numbers / dedicated email addresses for customer
service and support and during what hours live phone assistance and email
assistance are available in PST/PDT times.
f. References: Attachment B— References shall be submitted for similar projects
performed for state and/or similar government clients.
2. Cost Proposal
All Proposers are required to submit a fixed rate fee with their Cost Proposal.
Compensation shall be contingent upon actual collections of debts owed to the City.
Agency may subtract a fee negotiated through this agreement, from the amount of the
debt collected and paid to the City, as a percentage of the debt collected with a specified
maximum. All Proposers must identify the fee or percentage, how it is determined, and
the fee must be consistent across all debts collected. Furthermore, the City may withdraw
any uncollected accounts without any charge or penalty regardless if collection efforts
were made.
Pricing instructions should be clearly defined to ensure fees proposed can be compared
and evaluated. Cost Proposal must include a payment schedule if applicable. City
reserves the right to negotiate compensation and/or payment schedule prior to award of
any resulting agreement. When applicable, if providing hourly rate sheets, Proposer shall
not include rate ranges or averages.
The City shall not provide reimbursement for travel-related expenses, mileage, parking,
lodging, meals, incidental fees, insurance,freight/shipping and handling/delivery, and any
other business expenses, supplies and materials related to providing services as
specified herein. Additional costs will not be considered and will not be reimbursed by the
City, therefore, such costs must be absorbed in Proposer's cost proposal fee structure.
Any language related to travel reimbursement shall be stricken from the document by the
City and if not stricken, shall be deemed invalid.
Proposals shall be valid for a minimum of one hundred eighty (180) days following
Proposal deadline. The cost for developing the Proposal is the sole responsibility of the
Proposer. All Proposals submitted become property of the City.
City of Santa Ana RFP No.25-040 Page 7 of 33
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Pricing shall remain firm for the entire initial Agreement term. Thereafter, any proposed
pricing adjustment for follow-on renewal periods shall be submitted to the City
Representative in writing at least ninety (90) days prior to the new Agreement term. The
City reserves the right to accept, reject, or negotiate any proposed pricing adjustment not
to exceed the Bureau of Labor Statistics Consumer Price Index (CPI) data as follows:
Los Angeles-Long Beach-Anaheim, CA; All Urban Consumers; Not Seasonally Adjusted;
annualized change comparing the most recent month's reported data to the same month
of the prior year. (This information may be found on the U.S. Department of Labor's
website at www.bls.gov.)
VI. CERTIFICATIONS (ATTACHMENTS)
In addition to the SOQ, Narrative/Technical Proposal, and Cost Proposal, the following forms,
included in this RFP, shall be signed and included as part of the proposal submittal package:
• Attachment A: Proposer's Certification and Proposal Item Pricing
• Attachment B: References
• Attachment C: Proposer's Statement
• Attachment D: Non-Collusion Affidavit
• Attachment E: Non-Lobbying Certification
• Attachment F: Non-Discrimination Certification
The proposal must be completely responsive to the RFP. Incomplete proposals will be deemed
as nonresponsive and will be rejected. The City reserves the right to reject any or all proposals
submitted and no representation is made hereby that any commitment will be awarded pursuant
to this RFP or otherwise.
PLEASE NOTE:
• All forms above must be signed by a representative of the Firm that is legally
authorized to contractually bind the Proposer.
• City will not waive notarization requirement when applicable on any of the
required attachments.
VII. REFERENCES
Contractor shall provide three (3) references from other similar public agencies for which services
similar to those specified in this RFP have been performed, including contact names and
telephone numbers. Use ATTACHMENT B — References. The respondent grants permission
for the City to contact any individuals listed as references.
City may disqualify a Proposer if.
• References fail to substantiate Proposer's description of services and
deliverables provided; or
• References fail to support that Proposer has a continuing pattern of providing
capable, productive, and skilled personnel, or
• City is unable to reach the point of contact with reasonable effort. It is the
Proposer's responsibility to inform the point of contact(s) of normal City
working hours.
City of Santa Ana RFP No.25-040 Page 8 of 33
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VIII. MINIMUM SCOPE AND LIMIT OF INSURANCE
See Exhibit II— Sample Agreement
IX. SELECTION PROCEDURES & CRITERIA
A. Evaluation: The City will establish a proposal review committee. The review committee will
evaluate proposals based on the response to the RFP, which includes adherence to outlined
directions and format, and the City evaluation criteria set forth below.
B. Scoring Criteria: Proposers will be ranked by the review committee based on the following
criteria:
CATEGORY POINTS
Responsiveness to RFP
• Proposal's compliance with the requirements of this RFP.
• Scope of Services offered including ability to provide optional services. 15
• The value to any new and/or innovative product or service suggestions or
other new ideas and enhancements.
Experience of Firm and Personnel
• The experience, resources, and qualifications of the firm and individuals 40
assigned to this account, including manager, supervisor and assigned
staff.
Proposed Pricing 35
• Reasonableness of Cost
References 10
+ References that are similar in size and project scope to the City.
TOTAL POSSIBLE SCORE 100
Before interviews—if held
Interviews
• The City reserves the right to conduct interviews with the highest-rated
firm(s). In the event the City does perform an interview process, the 20
following is the maximum number of additive points that may be applied
to the proposal score. Total possible score may exceed 100 points.
C. Rankings: A final score will be calculated for each submitted proposal and used to rank
Proposers. Based upon the foregoing criteria, all proposals shall be ranked by score. Only
those proposals receiving a score above 70 will be considered for award. The City reserves
the right to award the contract to any proposer(s) with a score above 70. The review
committee will evaluate proposers based on their response to the RFP and the City
evaluation criteria set forth above.
D. Interviews: The review committee may invite the proposers to interview. If invited to interview,
Proposers must be prepared to include key personnel in the interview and/or presentation.
The City reserves the right to seek additional information from any or all Proposers invited to
present proposals. A final score will be calculated for each submitted proposal and used to
rank Proposers. City reserves the right to begin negotiations and enter into a contract without
holding interviews, or further discussions.
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E. Selection: The City is under no obligation to accept any proposal and reserves the right to
negotiate with respondents as to fees and terms. The City may reject proposals at its sole
discretion. If proposal fails to satisfy any requirements outlined in this RFP, it may be
considered non-responsive and may be rejected.
The City shall not be obligated to accept the lowest priced proposals, but will make awards
in the best interests of the City after all factors have been evaluated. The review committee
will recommend the qualified Proposers to the City Council or City Manager for award of
contract, as appropriate.
X. WITHDRAWALS
Proposers are responsible for verifying all prices and information before submitting a proposal.
Prior to the proposal due date, the Proposer or Proposer's representative may withdraw the
proposal by providing written notice of the proposal withdrawal to the City Contact/Project
Manager. Verbal or telephonic withdrawals are not permissible.
XI. GENERAL TERMS AND CONDITIONS
A. AMERICANS WITH DISABILITIES ACT
The awarded Contractor hereby certifies that it will comply, as applicable, with the Americans
with Disabilities Act of 1990 ("ADA"), 42 USC §§ 12101 et seq., and its implementing
regulations, including Subtitle A, Title II of the ADA. Contractor will not discriminate against
persons with disabilities nor against persons due to their relationship to or association with a
person with a disability. Any contract entered into by the awarded Contractor (or any
subcontract thereof), relating to this RFP, shall be subject to the provisions of this paragraph.
B. CITY BUSINESS LICENSE
The selected proposer must obtain a City of Santa Ana Business License prior to the
execution of a contract and must provide a copy to the Buyer assigned to this RFP. The
awarded party shall maintain a current business license throughout the term of the resulting
contract. Procedure to obtain a City of Santa Ana Business License is available by contacting
the Finance and Management Services, Business Tax Office at (714) 647-5447 or on the
City's website: www.santa-ana.org
C. CITY RIGHT TO REJECT
The City reserves the right to reject any or all proposals submitted and no representation is
made hereby that any agreement will be awarded pursuant to this RFP or otherwise. The
City reserves the right to accept or reject the combined or separate components of this
proposal in part or in its entirety or to waive any minor inconsistency, informality or technical
defect in the proposal.
D. CONFLICT OF INTEREST
Contractor shall exercise reasonable care and diligence to prevent any actions or conditions
that could result in a conflict with the best interests of the City. This obligation shall apply to
the Contractor; the Contractor's employees, agents, and Subcontractors associated with
accomplishing work and services hereunder. The Contractor's efforts shall include, but not
be limited to, establishing precautions to prevent its employees, agents, and Subcontractors
from providing or offering gifts, entertainment, payments, loans or other considerations which
could be deemed to influence or appear to influence City staff or elected officers from acting
in the best interests of the City.
City of Santa Ana RFP No.25-040 Page 10 of 33
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Each Proposer must disclose any existing or potential conflict of interest relative to the
performance of the contractual services resulting from this RFP. Any such relationship that
might be perceived or represented as a conflict should be disclosed. The City reserves the
right to disqualify any Proposer on the grounds of actual or apparent conflict of interest.
No person, firm, or subsidiary thereof who has been awarded this Contract may be awarded
a Contract for the provision of services, the delivery of supplies, or the provision of any other
related action which is required, suggested, or otherwise deemed appropriate as an end
product of this Contract. Therefore, Contractor is precluded from contracting for any work
recommended as a result of this Contract.
E. CONTRACTOR'S EXPENSE
Pre-Contractual Expenses: The City is not liable for any costs incurred by Proposers prior to
entering into a formal contract. Costs of developing a response to this RFP, are entirely the
responsibility of the Proposer, and shall not be reimbursed in any manner by the City. Pre-
contractual expenses are not to be included in the cost proposal. Pre-contractual expenses
include, but are not limited to, preparation of the proposal, submission of the proposal and
additional information, attendance at pre-proposal conference, negotiating any matter related
to this RFP with City, and/or any other expenses incurred by the Proposer prior to the date
of award and execution, if any, of the contract.
Other Expenses: The Contractor will be responsible for all costs related to photo copying,
telephone communications, fax communications, and parking while on City sites during the
performance of work and services under this Contract.
F. CONTRACTOR'S PROJECT MANAGER/KEY PERSONNEL
Except as formally approved by the City, the key personnel identified in Contractor's proposal
shall be the individuals who will actually complete the work. Changes in staffing must be
reported in writing and approved by the City. The City shall have the right to require the
removal and replacement of the Contractor's Project Manager and key personnel under the
awarded contract. The City shall notify the Contractor in writing of such action. The City is
not required to provide any reason, rationale, or additional factual information if it elects to
request any specific key personnel be removed from performing services under the awarded
contract. The City shall review and approve the appointment of the replacement for the
Contractor's personnel. Said approval shall not be unreasonably withheld.
Standards of Conduct: Contractor's personnel shall be courteous and maintain good working
relationships with all stakeholders, state or outside agencies, other team members and staff
within the City.
G. COST PROPOSAL
The awarded Contractor agrees to provide the purchased services at the costs, rates, and
fees as set forth in their Fee Schedule in response to this RFP. No other costs, rates or fees
shall be payable to the awarded Subcontractor for implementation of their proposal.
H. DATA RETENTION
Contractor shall be responsible for retaining data, records, and documentation for the
preparation of required items. These materials shall be made available to and as requested
by City.
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All materials, documents, data or information obtained from the City Data files or any City
medium furnished to Contractor in the performance of an awarded contract will at all times
remain the property of the City. Such data or information may not be used or copied for direct
or indirect use by Contractor after completion or termination of this Contract without the
express written consent of the City. All materials, documents, data or information, including
copies, must be returned to the City at the end of the contract.
All data, documents and other products used, developed, or produced during response
preparation of the RFP will become property of the City. All responses to the RFP shall
become property of the City. Proposer information identified as proprietary shall be
maintained confidential, to the extent allowed under the California Public Records Act.
I. DRUG-FREE WORKPLACE
The awarded Contractor certifies compliance with Government Code Section 8355 in matters
relating to providing a drug-free workplace. Failure to comply with these requirements may
result in suspension of payments under the Contract or termination of the contract or both,
and the Contractor may be ineligible for award of any future City contracts.
J. EXAMINATION
Proposer represents that it has thoroughly examined and become familiar with the services
and responsibilities required this RFP and that it is capable of effectively and efficiently
performing quality work to achieve the City's objectives. Any attachments referenced herein
or any interpretations, clarifications or amendments subsequently posted in relation to this
RFP are fully incorporated.
Any irregularities or lack of clarity in the RFP should be brought to the designated City
Contact/Project Manager's attention as soon as possible so that corrective addenda may be
furnished to prospective Proposers.
Proposals which appear unrealistic in the terms of technical commitments, lack of technical
competence, or are indicative of failure to comprehend the complexity and risk of this
contract, may be rejected.
K. EXECUTION OF AGREEMENT
Upon successful negotiations, the City and the selected Proposer will enter into an
Agreement similar to that as shown in EXHIBIT II — Sample Agreement of this RFP. If a
Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being
notified of selection under this RFP, the City reserves the right to disqualify them without any
further obligation
L. FISCAL NONFUNDING CLAUSE
In the event sufficient budgeted funds are not available for a new fiscal period, the City shall
retain the right to notify the provider of such occurrence in writing at least thirty (30) days
before the end of the current fiscal period and terminate the contract on the last day of the
current fiscal period without penalty or expense to the City.
M. INDEPENDENT CONTRACTOR
Contractor is considered an independent Contractor and neither Contractor, its employees,
nor anyone working under Contractor will be considered an agent or an employee of City.
Neither Contractor, its employees, nor anyone working under Contractor, will qualify for
workers' compensation or other fringe benefits of any kind through City.
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N. JOINT OFFERS/SUBCONSULTANTS
Where two or more Proposers desire to submit a single proposal in response to this RFP,
they should do so on a prime sub-consultant basis. The City intends to contract with a single
firm, also known as the prime, and not with multiple firms doing business as a joint venture.
Should the use of sub-consultants be offered, the Proposer shall provide the same
assurances of competence for the sub-consultant plus the demonstrated ability to manage
and supervise the subcontracted work. Sub-consultants shall not be allowed to further
subcontract with others for work under the Agreement. The provisions of the Agreement shall
apply to all sub-consultants in the same manner as the Proposer. The proposer is responsible
for all the actions taken by their sub-contractor.
The City reserves the right to reject, replace and approve any and all Subcontractors. All
Subcontractor(s)shall be identified in the response to the RFP and the City reserves the right
to reject any proposed Subcontractor(s). Subcontractors shall be the responsibility of the
prime Contractor and the City shall assume no liability of such Subcontractors.
O. LITIGATION STATUS
Each Proposer must include in its proposal a complete disclosure of any alleged significant
prior or ongoing contract failures, any civil or criminal litigation or investigation pending which
involves the Proposer or in which the Proposer has been judged guilty or liable. Failure to
comply with the terms of this provision will disqualify any proposal. The City reserves the
right to reject any proposal based upon the Proposer's prior history with the City or with any
other party, which documents, without limitation, unsatisfactory performance, adversarial or
contentious demeanor, significant failure(s) to meet contract milestones or other contractual
failures.
P. NEGOTIATIONS
The City reserves the right to negotiate final contract terms with any Proposer selected. The
contract between the parties will consist of the RFP together with any modifications thereto,
and the awarded Contractor's proposal, together with any modifications and clarifications
thereto that are submitted at the request of the City during the evaluation and negotiation
process. In the event of any conflict or contradiction between or among these documents,
the documents shall control in the following order of precedence: the final executed contract,
the RFP, any modifications and clarifications to the awarded Contractor's proposal, and the
awarded Contractor's proposal. Specific exceptions to this general rule may be noted in the
final executed contract.
Negotiations shall be confidential and not subject to disclosure to competing Contractors
unless and until an agreement is reached. If contract negotiations cannot be concluded
successfully, the City reserves the right to negotiate a contract with another Contractor or
withdraw the RFP.
Q. NON-PAYMENTS
Note that payments will NOT be made for any unsatisfactory work until corrected. In the event
of nonpayment of undisputed sums by the City, Contractor shall give the City thirty (30)
working days to cure the alleged breach.
R. OWNERSHIP OF DOCUMENTS
The City has permanent ownership of all directly connected and derivative materials produced
under this contract by the Contractor. All documents, reports and other incidental or derivative
work or materials furnished hereunder shall become and remains the sole property of the City
and may be used by the City as it may require without additional cost to the City. Contractor
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shall provide the City copies of documents upon its request at any time. None of the documents,
reports and other incidental or derivative work or furnished materials shall be used by the
Contractor without the express written consent of the City.
S. PARKING
The City will not provide free parking and/or reimbursement for the cost of parking while
providing services and conducting business with the City.
T. PROFESSIONAL STANDARDS
Contractor staff shall be courteous to the public and City staff utilizing facilities where
Contractor is performing work, but shall be responsive only to the requests of the City's
Project Manager or designee. Contractor staff shall direct all inquiries to Project Manager or
designee.
Contractor acknowledges that City locations consist of public-use facilities and recognizes
the obligation to ensure Contractor personnel and agents maintain the highest level of
professional standards in attire, decorum, and interaction with the public and City personnel.
U. PROJECT MANAGER
The selected Proposer will assume responsibility for all services in its proposal. The selected
Proposer shall identify a sole point of contact, Project Manager, with the greatest
knowledge in regard to the required service operations and contractual matters, including
payment of any and all charges resulting from the Agreement.
V. PROPOSAL VALIDITY
Services, pricing, and warranties indicated in a Proposer's Proposal must be valid for a period
of 180 days at minimum after the submission of the Proposal.
W. PUBLIC AGENCIES
Other public agencies, as defined by California Government Code Section 6500, may choose
to use the terms of this Contract, subject to Contractor's acceptance. The City is not liable or
responsible for any obligations related to a subsequent contract between Contractor and
another public agency.
X. PUBLIC RECORDS
Proposals will become public record after the award of a contract unless the proposal or
specific parts of the proposal can be shown to be exempt by law. Each Proposer may clearly
label all or part of a proposal as"CONFIDENTIAL" provided that the Proposer thereby agrees
to indemnify and defend the City for honoring such a designation. The failure to so label any
information that is released by the City shall constitute a complete waiver of any and all claims
for damages caused by any release of the information. Proposer information identified as
proprietary shall be maintained confidential, to the extent allowed under the California Public
Records Act.
Y. SUBCONTRACTORS
Proposals in response to this RFP must identify any Subcontractors, and outline the
contractual relationship between the Awarded Subcontractor and each Subcontractor. An
official of each proposed Subcontractor must sign, and include as part of the proposal
submitted by the Prime Contractor, a statement to the effect that the Subcontractor has read
and will agree to abide by the awarded Contractor's obligations. Any Subcontractor proposed
after award of contract must be approved by the City before commencement of work.
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The City will look solely to the awarded Contractor for the performance of all contractual
obligations which may result from an award based on this RFP, and the awarded Contractor
shall not be relieved for the non-performance of any or all Subcontractors.
XII. AWARD OF AGREEMENT
Selected Contractor(s) will be notified in writing. Any award is contingent upon the successful
negotiation of final contract terms.
A. EXECUTION OF AGREEMENT
A standard agreement is included as EXHIBIT II Sample Agreement of this RFP. "Proposer"
will hereinafter be referred to as "Consultant" or "Contractor" in standard agreement. The
term of the agreement will begin after the agreement is fully executed, and all required bonds,
insurance documents and contents of the payment information packet have been received
and approved.
XIII. IMPLEMENTATION
A. KICK-OFF MEETINGS
The successful proposer will be required to meet with City staff prior to commencement of
services or at any time as required by the City, to discuss and agree on operational issues
including transition of services and scheduling.
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EXHIBIT I
SCOPE OF SERVICES
Revenue collection services for unpaid and delinquent accounts receivables will include:
• Collection of miscellaneous delinquent accounts receivable items where customers have not paid for
services or charges from the City (e.g. Third-Party Liability Billing, Business License Delinquent
Accounts, Municipal Utility Services Delinquent Accounts, Dog License Delinquent Accounts, etc.).
• Collection on delinquent Administrative Citations where members of the public have not paid for
citation(s) issued due to a code violation within the City limits.
• Administrative Citations and/or Unpaid City Taxes and Fees associated with Cannabis Accounts
• Collection of delinquent paramedic and ambulance ground emergency medical transportation service
charges.
• Collection of other debts, charges, or monies owed to the City by members of the public and current
or previous employees or officials of the City
Requirements: The exact range and extent of services is subject to negotiation, but at a minimum must
include professional services and dedicated personnel to perform the following scope of services:
1. Firm shall provide collection services for debts owed to the City for Delinquent Billing.
2. Firm shall designate a manager for the City's account who will be the City's primary contact with the
Firm.
3. City and/or City's contracted third party vendor shall submit delinquent accounts for collection via e-
mail or electronic filing. Firm shall provide acknowledgement within five (5) business days of account
placement.
4. City shall provide documentation to firm for each account, including name, any available customer
information, last known address, account number, and balance due.
5. Firm shall make a minimum of two (2) written or telephone contacts for each account (unless the
account clears sooner) within forty-five (45) days of receipt of account.
6. Firm shall discuss their recommended use of skip tracing on delinquent accounts. Firm must provide
a description of the specific tools used to conduct skip tracing.
7. Firm shall maintain complete records of each account referred by the City, including all
correspondence, documents, account records, transactions and a detailed log of all collection efforts
of actions. These records shall be retained for a minimum of three (3) years after termination of
collection actions on each account.
8. The firm should be able to provide a detailed action plan outlining its backup and disaster recovery
procedures for servers containing debtor data, ensuring data integrity, security, and business
continuity in the event of a disaster.
9. Firm shall provide to the City a monthly report on the status of each account including: account
number, customer name, the amount received, the balance due and date of last payment, and the
actions taken on the account. Firm should immediately advise the City of any account that is paid in
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full or deemed uncollectible. If an account is deemed uncollectible, information regarding this
determination must be provided to the City. The firm is not entitled to collection fees after it determined
that an account is uncollectible, regardless if payment is made to the City.
10. Firm shall provide to the City quarterly financial summary reports including totals for receipts, net
accounts receivable, total accounts receivable, and collection percentage.
11. Firm shall provide to the City an annual financial summary report as of June 30th (City's fiscal year
end) including totals for receipts, net accounts receivable, total accounts receivable and collection
percentage. This report should be submitted to the City no later than July 31st of each year.
12. At any time, all records of the firm pertaining to the City shall be subject to inspection, review, or audit
by City, State, or Federal officials, during the contract period and for seven (7) years after the
termination of the contract.
13. Firm shall guarantee the confidentiality, security and safety of all files, documents and information
provided by the City, except as to disclosure required by federal and state laws and regulations.
14. Firm will exercise its best ethical, prudent, lawful, and professional efforts to secure collections on all
accounts referred by the City. Collections activities shall comply with all federal, state and local laws,
and applicable regulations including but not limited to the Federal Fair Debt Collection Practices Act.
15. Firm will process all customer payments in accordance with applicable Payment Card Industry (PCI)
security requirements.
16. Firm shall be HIPPA (Health Insurance and Portability and Accountability Act of 1996) compliant and
maintain compliance throughout the term of the contract.
17. Firm shall report all uncollectible accounts to the major credit bureaus.
a. Reporting must be done in accordance with all federal, state and local laws, including but not
limited to, the Fair Debt Collections Practices Act, the Federal Equal Credit Opportunity act,
and the Consumer Credit Protection Act.
b. Firm shall not report accounts to the credit bureaus until the firm has worked the account for
forty-five (45) days.
c. At the request of the City, the firm shall remove an account notification from all the affected
bureaus and provide a copy of that notification to the City.
d. The City retains the right to recall any accounts assigned for collection without charge or
penalty from the firm. Upon recall by the City, no further collection efforts on recalled accounts
may be undertaken.
i. If the account being recalled was reported to any credit bureaus, it is expected that the
record be cleared from the customer's credit report and written confirmation provided
to the City upon request.
18. Firm reporting shall comply in accordance with the Federal Fair Credit Reporting Act (FCRA)
regulations which established two types of debt categories: 1) "Permissible Debt" such as, unpaid
utility billings, unpaid paramedic billings, and any unpaid sums relating to City Services which were
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electively sought or contracted for from the City, and 2) "Prohibited Debt" such as, taxes, licensing
and permit fees, towing & impound fess/costs, administrative code violations, and damage to City
property.
a. Permissible debts may continue to be reported to credit reporting agencies; prohibited debts
may not.
19. Firm shall not assign or subcontract any portion of this agreement or transfer or assign any claim,
pursuant to the contract, without the written consent of the City.
20. Firm shall make contacts with delinquent accounts under the name of the firm and not the City of
Santa Ana.
21. Firm shall instruct consumers to submit payments to the firm and not to the City of Santa Ana except
by written agreement by the City.
a. The firm shall be notified of any payments made to the City of Santa Ana for accounts under
collection with the firm.
b. The firm will be entitled to collection fees only if notice was sent to the assigned accounts.
c. The firm will not be entitled to collection fees if payment was submitted to the City and no work
was yet done on the assigned accounts.
22. Firm shall collect and deposit payments from customers on no later than the 15t" day of every month,
submit an ACH deposit to the City for all monies collected in the previous month, less collection fees,
along with a report including the account name and number, amount collected and collection fees.
23. Any compromise settlement of principal or charges shall be agreed upon in writing between the firm
and the City prior to acceptance.
24. Firm may allow for time payment agreements (payment plans) and may enter into time payment
agreements with consumers for any period less than one year without the consent of the City.
a. Any time payment agreement extending beyond one year from the date of initiation of plan or
any account owing more than $5,000 must be agreed upon in writing between the firm and
the City prior to acceptance.
25. No legal actions shall be taken by the firm without express written consent of the City.
26. Firm shall be solely responsible for any and all costs incurred in and associated with the collection of
debts referred to it by the City.
27. In the event of contract termination or the bankruptcy/dissolution of the firm, all accounts and
documentation relating to City accounts shall be returned to the City, regardless of status or payment
arrangements made with consumers.
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EXHIBIT II
SAMPLE AGREEMENT
CONSULTANT AGREEMENT
CITY OF SANTA ANA
THIS AGREEMENT is made and entered into on this day of 20_ by and between
, ("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 having special skill and knowledge in the field of:
B. Consultant represents that Consultant 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 Scope of Services - Exhibit A, attached hereto and
incorporated by reference.
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 Compensation - Exhibit B. The total amount to be
expended during the term of this Agreement shall not exceed $xxxxxx.
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. City and Consultant agree
that all payments due and owing under this Agreement shall be made through Automated
Clearing House (ACH) transfers. Consultant agrees to execute the City's standard ACH
Vendor Payment Authorization and provide required documentation. Upon verification of the
data provided, the City will be authorized to deposit payments directly into Consultant's
account(s)with financial institutions. 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.
3. TERM
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This Agreement shall commence on "the date first written above" for a three (3) year term with
the option for the City to grant up to two M-year renewals, 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
Consultant 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 any subcontractors to obtain and maintain insurance as described below for the entire Term
of this Agreement against claims for injuries to persons or damage to property which may arise from or
in connection with services, products and materials supplied to City. Total cost of such insurance shall
be borne by Consultant.
MINIMUM SCOPE AND LIMIT OF INSURANCE
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01covering
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 and $2,000,000 aggregate. Required policy limits can be met with primary and
umbrella/excess insurance policies.
2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto),
with limits no less than $1,000,000 combined single limits. In the event Consultant does not
maintain commercial automobile liability insurance, City will accept evidence of personal
automobile insurance.
3. Workers' Compensation: 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, policy or
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employee, for bodily injury or disease. Coverage is not required if Consultant has no
employees and signs request to waive such insurance.
4. Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or
claim, and $2,000,000 aggregate.
If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each
line of coverage shown above, 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 City.
Other Insurance Provisions
The above required insurance policies are to contain or be endorsed to contain the following provisions:
1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered
as additional insureds, under Consultant's CGL, Professional Liability, and Automobile Liability
policies, with respect to any liability arising out of work or operations performed by or on behalf
of the Instructor including materials, parts, equipment, and personnel furnished in connection
with such work or operations.
2. Consultant's Insurance company(ies) agrees to waive all rights of subrogation against City, its
City Council, its officers, officials, employees, agents, and volunteers for losses paid under the
terms of any policy which arise from work performed by Consultant under this Agreement.
3. For any claims related to this contract, Consultant's insurance coverage shall be primary and
any insurance maintained by City, it's City Council, its officers, officials, employees, agents, or
volunteers shall not contribute with it.
4. A severability of interest provision must apply for all the additional insureds, ensuring that
Consultant's insurance shall apply separately to each insured against whom a claim is made or
suit is brought, except with respect to the insurer's limits of liability.
5. Insurance policies required herein shall provide that coverage shall not be canceled,
suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially
changed except after thirty (30) days prior written notice has been given to City. Ten (10) days
prior written notice shall be provided to City for policy cancellation or non-renewal due to non-
payment of premium.
6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana,
Attention: Finance & Management Services Agency, City of Santa Ana, 20 Civic Center
Plaza (M-15) P.O. Box 1988, Santa Ana, California 92702. The name and location of project
must be included in the Description of Operations section of each certificate.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the
Consultant 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.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the State of California with a
current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City.
Verification of Coverage
Consultant shall furnish City 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
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before work begins. However, failure to obtain the required documents prior to the work beginning shall
not waive Consultant's obligation to provide them.
City reserves the right to require complete, certified copies of all required insurance policies, including
endorsements required by these specifications, at any time.
Special Risks or Circumstances
City 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, contractors, 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 Contractor, 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, 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 Contractor'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 Contractor.
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 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.
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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
Contractor, 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 Contractor. 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 is not embodied herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
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
City of Santa Ana RFP No.25-040 Page 23 of 33
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CITY OF SANTA ANA
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.
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
City of Santa Ana RFP No.25-040 Page 24 of 33
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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, Finance & Management
Services Agency
City of Santa Ana
20 Civic Center Plaza (M-15)
P.O. Box 1988
Santa Ana, California 92702
Fax:
To Contractor:
First & Last Name
Title
Consultant Firm Name
Address
City, State, Zip
Fax:
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.
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.
City of Santa Ana RFP No.25-040 Page 25 of 33
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CITY OF SANTA ANA
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above
written.
ATTEST: CITY OF SANTA ANA
Jennifer L. Hall Alvaro Nunez
City Clerk City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO CONSULTANT:
City Attorney
By:
(name)
Assistant City Attorney (title)
RECOMMENDED FOR APPROVAL:
Executive Director
Finance & Management Services Agency
SAMPLE ONLY
City of Santa Ana RFP No.25-040 Page 26 of 33
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CITY OF SANTA ANA
ATTACHMENT A
PROPOSER'S CERTIFICATION, PROPOSAL PRICING
Certification -I certify that I have read, understand and agree to the terms and conditions of this Request
for Proposals. I have examined the Scope of Services (Exhibit 1) and am qualified to provide services
being requested as specified herein. I understand and agree that I am responsible for reporting any
errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal.
PROPOSER'S STATEMENT: I have read, understood and agree to the terms and conditions on all
pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the
City in accordance with said terms and conditions.
LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS
BUSINESS ADDRESS
PRINTED NAME OF AUTHORIZED AGENT TITLE
SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS
FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER
(IFAPPLICABLE)
CITY OF SANTA ANA BUSINESS LICENSE NUMBER
(PLEASE PROVIDE IF AVAILABLE, BUT NOT REQUIRED UNTIL AND IF AN AWARD IS MADE TO PROPOSER.)
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
City of Santa Ana RFP No.25-040 Page 27 of 33
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ATTACHMENT B
REFERENCES
List and describe fully the contracts performed by your firm which demonstrate your ability to provide the
supplies, equipment or services included in the scope of the proposal specifications. Attach additional
pages if required. The City reserves the right to contact each of the references listed for additional
information regarding your firm's qualifications.
REFERENCE
Customer Name: Contact Individual:
Address: Phone Number:
EMAIL:
Contract Amount: Year:
Description of supplies, equipment, or services provided:
REFERENCE
Customer Name: Contact Individual:
Address: Phone Number:
EMAIL:
Contract Amount: Year:
Description of supplies, equipment, or services provided:
REFERENCE
Customer Name: Contact Individual:
Address: Phone Number:
EMAIL:
Contract Amount: Year:
Description of supplies, equipment, or services provided:
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
City of Santa Ana RFP No.25-040 Page 28 of 33
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CITY OF SANTA ANA
ATTACHMENT C
PROPOSER'S STATEMENT
Proposer understands and agrees that this written RFP (or any part thereof specifically designated and
accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer
and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with
her signature and official seal noting hereon the action of approval of the Council, signed by the Executive
Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of
this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or
deposited with the United States Postal Service properly addressed to the proposer with the correct postage
affixed thereto.
Proposer further agrees that upon delivery(as defined above)of the accepted agreement he/she will furnish
City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays,
Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof
accompanying this proposal shall become the property of the City and shall be considered as payment of
damages due to the delay and other causes suffered by City because of the failure to furnish the necessary
bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to
ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned
to the undersigned.
Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth
in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under
the contract will be based upon the actual quantities of work satisfactorily completed.
All terms contained in the specifications, the certification of nondiscrimination by contractors, and the
required insurance certificates are to be incorporated by reference into this agreement and are made
specifically as part of this RFP.
Firm
Signed and Printed Name:
Title
Date
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
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ATTACHMENT D
NON-COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and Public Contract Code Section 7106)
To the CITY OF SANTA ANA
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer
declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation; that the proposal is genuine and not
collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer
to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or
agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from
bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or
to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to
secure any advantage against the public body awarding the contract of anyone interested in the
proposed contract; that all statements contained in the proposal are true; and, further, that the proposer
has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the
contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any
corporation, partnership, company association, organization, bid depository, or to any member or agent
thereof to effectuate a collusive or sham proposal.
Note: The above non-collusion affidavit is part of the proposal. Signing this proposal on the signature
portion thereof shall also constitute signature of this non-collusion affidavit. Proposers are cautioned that
making a false certification may subject the certifier to criminal prosecution.
Signed
State of County of
Subscribed and sworn to (or affirmed) before me on this day of 20 , by
proved to me on the basis of satisfactory evidence to be the person(s)
who appeared before me.
Notary Public Signature Notary Public Seal
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
City of Santa Ana RFP No.25-040 Page 30 of 33
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ATTACHMENT E
NON-LOBBYING CERTIFICATION
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or
her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any Federal agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in
conformance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into
this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall
require that the language of this certification be included in all lower tier subcontracts, which exceed
$100,000 and that all such subrecipients shall certify and disclose accordingly.
Signed:
Title:
Firm:
Date:
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
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CITY OF SANTA ANA
ATTACHMENT F
NON-DISCRIMINATION CERTIFICATION
The undersigned consultant or corporate officer, during the performance of this contract, certifies as
follows:
1. The Consultant shall not discriminate against any employee or applicant for employment because of
race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that
applicants are employed, and that employees are treated during employment without, regard to their
race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination
clause.
2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of
the Consultant, state that all qualified applicants will receive consideration for employment without
regard to race, color, religion, sex, or national origin.
3. The Consultant shall send to each labor union or representative of workers with which he/she has a
collective bargaining agreement or other contract or understanding, a notice to be provided advising
the said labor union or workers' representatives of the Consultant's commitments under this section,
and shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965,
and of the rules, regulations, and relevant orders of the Secretary of Labor.
5. The Consultant shall furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his/her books, records, and accounts by the administering agency
and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules,
regulations, and orders.
6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or
with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or
suspended in whole or in part and the Consultant may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with procedures authorized in
Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulations, or order of the Secretary of Labor, or as otherwise provided by law.
7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and
the provisions of paragraphs (1)through (7) in every subcontract or purchase order unless exempted
by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract
City of Santa Ana RFP No.25-040 Page 32 of 33
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CITY OF SANTA ANA
or purchase order as the administering agency may direct as means of enforcing such provisions,
including sanctions for noncompliance; provided, however, that in the event the Consultant becomes
involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction
by the administering agency, the Consultant may request that the United States enter into such
litigation to protect the interests of the United States.
8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as
amended, no discrimination shall be made in the employment of persons upon public works because
of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital
status, or sex of such persons, except as provided in Section 1420, and any consultant of public
works violating this Section is subject to all the penalties imposed for a violation of the Chapter.
Signed:
Title:
Firm:
Date:
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
City of Santa Ana RFP No.25-040 Page 33 of 33