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Home My WebLink About19E - RFP - GRAFFITIREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: SEPTEMBER 1, 2016 TITLE: APPROVED AUTHORIZATION TO RELEASE A REQUEST ❑ As Recommended FOR PROPOSALS FOR GRAFFITI STREET ❑ As Amended CLEANING SERVICES ❑ Ordinance on 1®` Reading ❑ Ordinance on 2ntl Reading {STRATEGIC PLAN NO. 6, 1B} ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER CITY MANAGER JJ s MAMWOLA r Authorize the Public Works Agency to release a Request for Proposals for Graffiti Street Cleaning Services for proactive graffiti removal from the public right-of-way, The Public Works Agency is responsible for citywide graffiti removal. Graffiti removal Is performed 365 days a year. Graffiti is typically removed within 24 hours, based on requests received from residents through the City's graffiti hotline number and the "mySantaAns" Public Works Smartphone Application. Maintaining clean, safe, and aesthetically pleasing streets remains the common goal of the Public Works Agency. Releasing a Request for Proposals (RFP) will allow the City to continue this effort. For the last five years, the City has outsourced graffiti street cleaning services. The current contract authority with graffiti Protective Coatings will be exhausted on October 31, 2015, Staff has prepared a Request for Proposals for Graffiti Street Cleaning Services that includes specifications for 24 -hour or less responses on requests for graffiti removal services, 100 percent color matching, no "Graffiti Scars ", real -time dispatching, and seven- days -a -week service. A proposal evaluation team comprised of several City agencies will evaluate and select the proposal that will be presented for City Council consideration. September 2 2015 Release Request for Proposals September 23, 2015 Proposal Submittal Closing Date September 24 through September 29 2016 Proposals Evaluated September 30, 2015 Oral Interviews October 20 2015 City Council Meeting Award Date 19E -1 Request For Proposals for Graffiti Street Gleaning Services September 1, 2015 Page 2 STRATEGIC PLAN ALIMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy S (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe, and aesthetically pleasing for all users), ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. Fr 6d Mousavipour Executive Director Public Works Agency FM /EWG /DM Exhibits: 1. Request for Proposal 19E -2 REQUEST FOR PROPOSALS (RFP) 1101V V I:1: 16011]ILI [eye]MAaa111111N=IiihDIT/ I &I III 7=I =119103111mrilzIIz[CV11=I:IT /[10] *9 RFP NO.: 15 -080 CITY OF SANTA ANA Public Works Agency 220 South Daisy Avenue Santa Ana, CA 92703 Danell Mercado Projects Manager (714) 647 -3308 Office (714) 647 -3345 Fax dmercadopsanta- ana.org Approved for Release: Fred Mousavipour Executive Director Public Works Agency KEY RFP DATES: Issue Date: Wednesday, September 2, 2015 Mandatory Pre - proposal Meeting: Wednesday, September 9, 2015 — 10:00 a.m. Proposal Due Date: Wednesday, September 23, 2015— 4:00 p.m. Presentation /Interviews: Wednesday, September 30, 2015 Projected Award Date: Tuesday, October 20, 2015 NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms to provide proactive and reactive professional graffiti removal services from the right of way throughout the City of Santa Ana. Responses to the Request for Proposals (RFP) will be accepted until Wednesday, September 23, 2015 at 4:00 PM. If further information is required, contact Danell Mercado at dmercado(o),santa- ana.org. All notifications, updates, and addenda will be posted on the City's current RFP page at www.santa- ana.org /bids -rips. 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. The successful proposer must possess or obtain a valid California Class C33 Contractor's license, a C- 61/D38 Contractor License, and a City of Santa Ana Business License prior to the scheduled award date of this contract. MAILED, DELIVERED BY HAND, or COURIERED proposals will be accepted as follows: City of Santa Ana Public Works Agency, City Yard, Second Floor 220 South Daisy, Building A Santa Ana, CA 92703 It is the responsibility of the proposer to ensure that any proposals submitted shall have sufficient time to be received by the City of Santa Ana prior to the proposal due date and time. Questions regarding this Request for Proposals shall be made in writing via e-mail to Danell Mercado at dmercado(o).santa- ana.org. The receiving time in the Public Works Agency, 220 South Daisy, Santa Ana, CA 92703, Second Floor, will be the governing time for acceptability of proposals. Late proposals will NOT be considered and will be returned to proposer unopened. Telegraphic, electronic, and facsimile proposals will not be accepted. ONLY SEALED RFP RESPONSES ARE ACCEPTABLE DO NOT E -MAIL RFP RESPONSES DO NOT FAX RFP RESPONSES City of Santa T§19S wServices RFP TABLE OF CONTENTS City of Santa Ana GRSC Services RFP Page 2 PAGE I. INTRODUCTION 3 II. PERIOD OF CONTRACT 3 III. OPTION OF RENEWAL 3 IV. FISCAL NONFUNDING CLAUSE 3 V. PROPOSAL DEPOSIT AND PERFORMANCE BOND 3 VI. SCOPE OF WORK/SERVICES 4 VII. GENERAL INFORMATION 4 VIII. COORDINATION 4 IX. PROPOSER RESPONSIBILITIES 5 X. LICENSE REQUIREMENTS 5 XI. PREVAILING WAGE 5 XII. PROPOSERS MINIMUM QUALIFICATIONS 5 XIII. PERFORMANCE REQUIREMENTS 6 XIV. ACCOUNT MANAGER /SUPPORT STAFF 6 XV. INITIATION /KICK OFF MEETING 6 XVI. CITY BUSINESS LICENSE 6 XVII. ADDENDA 6 XVIII. RULES FOR PROPOSALS 7 XIX. MANDATORY PREPROPOSAL MEETING 7 XX. E -MAIL COMMUNICATIONS AND INTERPRETATIONS /CLARIFICATIONS 7 XXI. SUBMITTAL INFORMATION AND DEADLINE 7 XXII. SUBMITTAL REQUIREMENTS 7 XXIII. CONTRACTOR SELECTION — PROPOSAL AND EVALUATION 9 XXIV. REVIEW EVALUATION RESULTS AND AWARD 11 EXHIBIT A — SCOPE OF SERVICES 12 EXHIBIT B — PROPOSER'S CERTIFICATION and PROPOSAL ITEM PRICING 19 EXHIBIT C — PROPOSER'S MINIMUM QUALIFICATIONS 21 EXHIBIT D — RELEVANT WORK HISTORY 22 EXHIBIT E - SOFTWARE REFERENCES 24 EXHIBIT F — PROPOSER'S STATEMENT 25 EXHIBIT G— CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR 26 EXHIBIT H — RESPONSIBLE PROPOSER — SUPPLEMENTAL QUESTIONAIRE 28 EXHIBIT I — NONCOLLUSION AFFIDAVIT 31 EXHIBIT J — SAMPLE ADDITIONAL INSURED ENDORSEMENT 32 EXHIBIT K— SAMPLE AGREEMENT 33 EXHIBIT L — GRAFFITI ORDINANCE NO. NS -2791 40 EXHIBIT M — GRAFFITI ORDINANCE NO. NS2798 52 ATTACHMENT 1 — CONSENT TO ENTER & RELEASE OF LIABILITY 57 ATTACHMENT 2 — CITY MAP 58 City of Santa Ana GRSC Services RFP Page 2 CITY OF SANTA ANA REQUEST FOR PROPOSAL FOR GRAFFITI REMOVAL STREET CLEANING SERVICES The City of Santa Ana is issuing this Request for Proposals (RFP) to provide proactive and reactive professional graffiti removal services from the right of way throughout the City of Santa Ana. II. PERIOD OF CONTRACT Unless earlier terminated as allowed for in the agreement, contract term shall be for a period of two (2) years. The contract term is anticipated to commence after City Council award of this contract, and upon receipt and approval of all required bonds, and insurance documents. The projected contract award date is October 20, 2015, with contract start date as November 1, 2015, and may be adjusted as necessary. III. OPTION OF RENEWAL The term of this agreement shall have provision for three, one -year renewal options at the discretion of City and City Council approval unless the City notifies Contractor in writing at least thirty (30) days before the end of the initial term or any extended term, of its intent to terminate the Agreement at the conclusion of the initial term or any extension. Time is of the essence in the performance of services under this Agreement. No price increase will be considered during the contract term or renewal options. IV. 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. V. PROPOSAL DEPOSIT AND PERFORMANCE BOND A proposal deposit in the amount of five percent (5 %) of the total proposed annual contract amount set forth in Exhibit B shall accompany each proposal. The proposal deposit must be in the form of a RFP bond, cashier's check, certified check, bank draft, letter of credit, trust company treasurer's check, or money order. Checks shall be payable to the City of Santa Ana. NO PERSONAL OR COMPANY CHECKS WILL BE ACCEPTED. Proposal deposit of the unsuccessful proposers shall be returned upon award of contract by the City. The successful proposer shall supply a performance bond in the amount of one - hundred percent (100 %) of the successfully awarded total annual contract amount of the proposal prior to execution of the contract. Upon receipt of the performance bond, the proposal deposit will be returned. The proposal deposit is subject to be forfeited if the successful proposer fails to City of Santa Ana GRSC Services RFP Page 3 execute the written contract and furnish the required performance bond, or to satisfy any other conditions present within a reasonable time as determined by the City. The performance bond is to be renewed annually and submitted by the contractor in the amount of the total annual contract amount. VI. SCOPE OF WORK/SERVICES The scope of work may include any and all work efforts related to GRSC Services as set forth in EXHIBIT A - SCOPE OF SERVICES. The contractor shall be an independent contractor capable of providing experienced, knowledgeable, and professional staff. The contractor shall be responsive and maintain excellent working relationships with city residents, businesses, government officials, and City staff. The contractor shall provide adequate staffing levels at all times and adhere to established schedules. The contractor shall comply with all federal, state, local laws, rules, regulations, ordinances, and statutes. VII. GENERAL INFORMATION A. The term of the contract will begin after the contract award by the City Council and approval of required bonds no later than November 1, 2015. B. When determined appropriate, the City will provide information in its possession relevant to preparation of required information in RFP. The City will provide only the staff assistance and documentation specifically referred to herein. C. The proposer shall be responsible for retaining data, records, and documentation for the preparation of the required information. These materials shall be made available to the City as requested by the City. D. This RFP does not commit the City to pay costs incurred in preparation of a response to this RFP. All costs incurred in the preparation of the proposal, the submission of additional information, attendance at the mandatory pre - proposal meeting, negotiations with City, and /or any other aspect of a proposal prior to award of a written contract will be borne by the proposer. 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 informality or technical defect in the proposal. E. 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 information shall be maintained confidential, to the extent allowed under the California Public Records Act. 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 subcontractor(s). Subcontractors shall be the responsibility of the prime contractor and the City shall assume no liability of such subcontractors. VIII. COORDINATION Coordination by the awarded proposer with the City, other contractors, and agencies will be required to achieve satisfactory and timely delivery of the required services. Coordination may include, but not be limited to, coordination with neighborhood, civic groups, local and /or state agency boards, attendance at City Council, Commission, Agency, and Community meetings. City of Santa Ana GRSC Services RFP Page 4 The City will decide the manner in which the coordination efforts with be conducted. At the City's option, coordination efforts may be performed by the proposer's direct contact, by the proposer acting through the City, or by the City only. When coordination efforts require agreements, such agreements shall be coordinated through the City. IX. The selected proposer will assume responsibilities for all services in its proposal. The selected proposer shall identify a sole point of contact 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. X. LICENSE REQUIREMENTS In accordance with Section 3300 of the California Public Contract Code, the City has determined that the proposer shall possess a license in the classification specified in the Notice Inviting Proposals. XI. PREVAILING WAGE Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ( "Prevailing Wage Laws "), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wage for each craft, classification, or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The current prevailing wage rates as adopted by the Director of the Department of Industrial Relations are incorporated herein by reference and may be accessed at http: / /www.dir.ca.gov /. XII. PROPOSER MIINIMUN QUALIFICATIONS A. Proposer shall be in the business of providing Graffiti Removal Services on road related facilities and private properties for a large municipality or a government agency for at least three (3) years, B. Propose shall not have failed to complete a municipal contract within the last 3 years, C. Proposer shall possess all permits, licenses, and credentials required to perform graffiti removal services, and D. Shall have the ability to furnish the necessary personnel, equipment, cleaning materials, and supplies necessary to remove or cover graffiti. City of Santa Ana GRSC Services RFP Page 5 XIII. PERFORMANCE REQUIREMENTS The successful Contractor(s) shall clearly demonstrate the ability to: A. Receive service requests on a twenty -four (24) hour basis via graffiti hotline, app, fax, or e- mail, B. Prepare surfaces and paint over graffiti with a color matching the existing covering, or remove graffiti with appropriate cleaners, removers, etc., C. Protect surfaces, landscaping, and personal property, adjacent to graffiti removal locations, D. Properly clean -up work areas, and dispose of paints, chemicals, solvents, and cleaning agents, utilized in performing the graffiti removal work per local, state, and Federal regulations, and E. Accurately track and report the work location, scope, quantity of work performed, and employment utilization. XIV. ACCOUNT MANAGER/ SUPPORT STAFF A. Contractor shall provide a dedicated competent account manager who shall be responsible for the City account/contract. The account manager shall receive all orders from the City and shall be the primary contact for all issues regarding Proposer's response to this RFP and any contract which may arise pursuant to this RFP. B. Contractor shall also provide adequate, competent support staff that shall be able to service the City during normal working hours, Monday through Friday. Such representative(s) shall be knowledgeable about the contract, products offered, able to identify, and resolve quickly any issues including but not limited to order and invoicing problems. C. Contractor account manager shall be familiar with City requirements, standards, and work with the PWA staff to ensure that established standards are adhered to. XV. INITIATION / KICK OFF MEETING 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. XVI. CITY BUSINESS LICENSE The selected proposer shall be required to obtain a City of Santa Ana Business license within thirty (30) days of selection and must provide a copy to the City's projects manager or designee prior to commencing any work in Santa Ana. XVII. ADDENDA Any subsequent changes in RFP from the date of preparation to date of submittal will result in an addendum or amendment by the issuing office. Notification of such addendum or amendment shall be effected by posting on City's website, as set forth in the Notice Inviting Proposals. City of Santa Ana GRSC Services RFP Page 6 XVII. RULES FOR PROPOSALS The signer of the RFP must declare in writing that the only person, persons, company, or parties interested in the proposal as principals are named therein, that the proposal is made without collusion with any other person, persons, company, or parties submitting a proposal, that it is in all respects fair and in good faith without collusion or fraud, and that the signer of the proposal has full authority to bind the proposer (Exhibit 1). XIX. MANDATORY PREPROPOSAL MEETING A mandatory pre - proposal meeting is scheduled for Wednesday, September 9, 2015, at the Public Works Agency- Maintenance Services, City Yard, 220 S. Daisy Avenue M -85, Second Floor, Santa Ana, CA 92703, at 10:00 AM. The meeting will include a detailed discussion of the project, schedule, relevant details of the service etc., and will be followed by a question -and- answer session. All questions must be submitted in written form. After the pre - proposal meeting, the City will respond by e -mail to written questions or requests for clarifications. Said e- mail will be sent to pre - proposal attendees. It is highly recommended that proposer operation /field supervisors attend this meeting. It is the Proposer's full responsibility to view and inspect the areas to be maintained in accordance with this specification. XX. E -MAIL COMMUNICATIONS AND INTERPRETATIONS /CLARIFICATIONS To facilitate the RFP process, proposers are required to monitor the City's RFP and RFP page at http: / /www.santa- ana.org /bids -rfps. No oral interpretations will be made by the City to any proposer as to the meaning of requirements identified herein, including the Scope of Services, and Terms and Conditions. Every request for such an interpretation must be made in writing via e -mail to the projects manager (dmercado(o),santa- ana.orq) no later than Monday. September 14, 2015 at 5:00 PM. Significant interpretations or clarifications will be made by an addendum to this RFP, which will be posted to the website. Addenda may become part of the agreement documents. XXI. SUBMITTAL INFORMATION AND DEADLINE LC411 Proposals are due to the City of Santa Ana, at the date, time, and location set forth on the Notice Inviting Proposals. Faxed and e-mail proposals will not be accepted. The RFP is intended to assess and evaluate each firm's capabilities as they apply to the proposed project. Submittal of Proposal A. Four (4) copies of the response to the RFP shall be signed by a company official with the power to bind the company. B. One (1) copy of the submittal on a compact disc, USB flash drive, or equivalent. C. Structure your proposal to include the Scope of Services response, general time implementation schedule, fees /contract price, and exhibits. City of Santa Ana GRSC Services RFP Page 7 Each firm must address each of the following items in its response to the RFP: A. Statement of Qualifications - In order to maintain uniformity, the Statement of Qualifications must be limited to a MAXIMUM of 25 PAGES (excluding front and back covers, section dividers, and Required Exhibits). The page limitation includes all appendices, attachments, and supplemental information. The following information is required: Cover Letter — A letter signed by a principal or authorized representative who can make legally binding commitments for the entity. 2. Firm and Personnel Experience:A profile of the firm's experience, including the names and experience of personnel and sub consultants who will be providing services. At a minimum, this should include the project manager /principal agent, associates in charge when project manager /principal agent is unavailable, key personnel, and an organization chart identifying only those who will perform work for the proposed project and the percentage of each individual's time devoted to this project. 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 for an interview. 3. Documentation of the technical ability and experience that is similar in scope to the project. a. A description of previous experience, including graffiti removal services on road related facilities and private property of similar nature and scope. 4. Implementation Plan: Proposer shall submit a general description of the deliverables and timelines to complete the project and include firm start date after award and approval on Tuesday, October 20, 2015. 5. Statement of past project disqualifications(s) and litigation. 6. Proposed Quality and Cost Control Plan: to enhance the service and responsiveness to the City. It should include the following: a. The methodology in which the firm will handle complaints from the public and damage to public and private property. b. Effective means to correct problems. C. The means the firm will use for completed the project. Financial Responsibility (Capacity): Proposer shall submit its most recent audited financial statement, evidencing proposer's financial capacity to fully perform the required services, including provision of equipment and personnel expenses over a ninety (90) day period. If said financial statement does not reflect full ninety (90) day operational capacity, proposer may include a letter of credit as evidence of supplemental capacity. 8. Proposal Deposit (RFP Bond): Five - percent (5 %) of the total proposed annual contract amount of the proposal item pricing in Exhibit F. The proposal deposit must be in the form of a RFP bond, cashier's check, certified check, bank draft, letter of credit, trust company treasurer's check, or money order. Checks shall be City of Santa Ana GRSC Services RFP Page 8 payable to the City of Santa Ana. NO PERSONAL OR COMPANY CHECKS WILL BE ACCEPTED. Proposal deposit of the unsuccessful proposers shall be returned upon award of contract by the City. B. EXHIBIT B — PROPOSER'S CERTIFICATION AND PROPOSAL ITEM PRICING C. EXHIBIT C — PROPOSER'S MINIMUM QUALIFICATIONS D. EXHIBIT D — RELEVANT WORK HISTORY E. EXHIBIT E - SOTWARE REFERENCES F. EXHIBIT F — PROPOSER'S STATEMENT G. EXHIBIT G— CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR H. EXHIBIT H — RESPONSIBLE PROPOSER — SUPPLEMENTAL QUESTIONNAIRE I. EXHIBIT I — NONCOLLUSION AFFIDAVIT J. EXHIBIT J — SAMPLE ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY K. The proposal must be completely responsive to the RFP. Any exceptions to the requirements of this RFP must be included in the proposal. Such exceptions must be included as a separate element of the proposal entitled "Exceptions and Deviations." The Executive Director, in his sole and absolute discretion, may authorize or deny any exceptions. L. The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise. The City reserves the right to waive minor inconsistencies in submitted Proposals. XXIII. CONTRACTOR SELECTION — PROPOSAL AND EVALUATION As a result of this RFP, the City intends to award a contract to the responsible Proposer(s) whose response conforms to the RFP and whose RFP presents the greatest value to the City, all evaluation criteria considered. The combined weight of the evaluation criteria is greater in importance than cost in determining the greatest value to the City. The goal is to award a contract to the Proposer(s) that proposes the City the best quality as determined by the combined weight of the evaluation criteria. The City may award a contract of higher qualitative competence over the lowest priced response. The basic information that each section should contain is specified below, these specifications should be considered as minimum requirements. Much of the material needed to present a comprehensive proposal can be placed into one of the sections listed. However, other criteria may be added to further support the evaluation process whenever such additional criteria are deemed appropriate in considering the nature of the goods and /or services being solicited. The evaluation process may include a two -stage approach including an initial evaluation of the written proposal and preliminary scoring to develop a short list of Proposers that will continue to the final stage of oral presentation and interview and reference checks. The preliminary scoring will be based on the total points. The criteria for evaluating the proposals submitted will take the following items into consideration City of Santa Ana GRSC Services RFP 4 Page 9 A. Overall Proposal /Understanding of the Required Services ....................... 25% Proposals will be evaluated against the RFP specifications and questions below: 1. Has proposer demonstrated a thorough understanding of the purpose and scope of services 2. Has the proposer demonstrated that it understands the deliverables and reports (i.e. monthly /quarterly /annual reports and data) the City expects it to provide B. Relevant Experience ............................................. ............................25% Proposals will be evaluated against the RFP specifications and the questions below: 1. Does the proposer have experience on similar size contracts 2. Does the vendor have at a minimum three years' experience dealing with municipalities C. Price Proposal ............................................................. ............................15% Price Proposals will be evaluated on the basis of the Grand Total Pricing submitted in Exhibit B. D. Information Management ....................................... ............................25% 1. System Design — A comparison will be made of the proposed web based work order management system and mobile application tool. The ability for features of the proposed design that offer enhanced utility, ease of use of each of integration with existing Public Works equipment and systems 2. Technical support for software and data management E. Innovative and /or Creative Approaches... Ability to providing the services that performance capabilities Oral Interviews ................ .............................10 % provide additional efficiencies or increased In addition to the written proposal, the top tier proposers may be asked to make an oral presentation to the Selection Advisory Committee. The Contractor should have available a principal in the company and the contractor's proposed project manager to discuss the following: 1. The major elements of the proposal and be prepared to answer questions clarifying the proposal details 2. A description of similar experience the Contractor has in providing the requested services. Exhibits may also be used 3. The proposed staffing, supervision coverage, level of training, fleet, and facility resources identified to provide the requested services 4. At least five (5) before and after pictures of various types of graffiti removal done by vendor within the last five calendar years 5. A copy of an invoice sent to a public entity, and 6. Any other area the City finds necessary to address The proposals will be reviewed by the Selection Advisory Committee of City staff members. The committee will evaluate proposers based on the response to the RFP and the City evaluation criteria set forth above. A final score will be calculated for each submitted proposal and used to rank the proposers. The committee may interview the top tier of proposers on Wednesday, September 30, 2015, and recommend award of the contract to the proposer who will provide the best quality service at minimum cost to the City. The City reserves the right to negotiate oricina and for additional terms. Citv reserves the riaht to beain neaotiations and enter into a contract without an interview or further discussions. City of Santa Ana GRSC Services RFP Page 10 XXIV. REVIEW EVALUATION RESULTS AND AWARD Proposals will become public record after award of contract. Interested offerors may submit a written request with a self- addressed stamped envelope to receive results of the evaluation. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. Submit your request to City of Santa Ana, Public Works Agency- Maintenance Division, 220 S. Daisy Avenue, Santa Ana, CA 92703. City of Santa Ana GRSC Services RFP Page 11 I *:1:11 -3Yr_1 CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR GRSC SERVICES 1-10101;1 =1AVH6i INTENT It is the intent of these specifications, terms, and conditions to describe Graffiti Removal Street Cleaning (GRSC) Services being requested by the City of Santa Ana Public Works Agency (PWA). The City intends to award a 2 year contract (with option to renew) to the proposer selected as the most responsible proposer whose response conforms to the RFP and meets the City's requirements. It is the intent of these specifications, terms, and conditions to procure the most environmentally preferable services. SCOPE The services shall consist of providing proactive and reactive professional graffiti removal services throughout the City of Santa Ana, specifically high quality workmanship that leaves no traces of past vandalism. Contractor providing the service shall coordinate work with the appropriate governmental agencies, City staff, private property owners, and /or tenants of properties of the project site(s). For each service call from the community, the Contractor shall complete the requested graffiti removal services within twenty -four (24) hours. In the event that a service call site from the community cannot be abated within twenty -four (24) hours due to inclement weather, size of the site, or any other reason, the Contractor shall notify the Project Manager and /or his /her designee with the status of the site prior to the end of the twenty -four (24) hour timeline. I. SPECIFIC REQUIREMENTS Contractor shall: a. Remove or paint over all types of graffiti in compliance with all Federal, State, and local laws at locations in the City of Santa Ana. Contractor(s) shall provide all labor, materials, and equipment necessary to perform graffiti removal services according to accepted industry standards. b. Remove graffiti from public structures, visible from the right -of -way, including, but not limited to i. Public buildings, monuments, and facilities, ii. Street light poles, iii. Traffic signal poles or controller boxes, iv. Concrete structures (i.e. City -owned sidewalks, bridges, overpasses, and flood channel facilities, etc.), V. Guardrails, vi. Traffic signs, vii. City Parks and viii. Trails. c. Perform graffiti removal work on private structures. As authorized, remove graffiti from private structures, visible from the right -of -way, including, but not limited to i. Exterior walls, ii. Fences, City of Santa Ana GRSC Services RFP Page 12 iii. Sidewalks, V. Windows, V. Trash receptacles, vi. Utility boxes and covers, vii. Signs, viii. Bus stops and shelters, X. News racks, X. Doors, and xi. Flag poles. Work on private property shall not be performed without the Consent form signed by the owner or authorized by the Project Manager and /or his /her designee. A sample of the Consent form is provided as Attachment 1. The contractor shall obtain the signature of the property owner on the consent form prior to beginning work. Original consent forms shall be returned to the Project Manager and /or his /her designee on a weekly basis and are the property of the City. d. City Parks At the City's discretion, if funded and approved, Proposer will remove graffiti in the Parks not visible from the right -or -way, including, but not limited to: i. Restrooms — Interior and Exterior, ii. Park Exterior Facilities (snack bars, storage closets, rec. buildings), iii. Concrete structures (i.e. sidewalks, paths, bridges, trails), V. Bike Paths, V. Walking Paths, vi. Bleachers, vii. Baseball /Softball Diamonds, viii. Trash Receptacles, X. Rocks, X. Doors, xi. Fences, xii. Windows, xiii. Utility boxes and covers, and xiv. Park Trees, The above work will be priced separately from the Pricing Section Grand Total Price in Exhibit B. e. Unless notified otherwise by the Project Manager and /or his /her designee, graffiti shall be removed so no trace of the pre- existing graffiti remains. f. Protect the surfaces adjacent to the area to be abated. g. Abate the entire surface in the event that the graffiti covers a significant area of the surface. The Project Manager or his /her designee shall determine whether or not an entire surface will be abated on a case by case basis. h. Ensure protection of the work area at all times, including, but not limited to i. Barricade the area of work at safe distances, so as to prevent unauthorized access to the area, ii. Barricade area of work within the public right -of -way, iii. Using warning signs and safety cones to inform the public of work being conducted, V. Immediately correct damage to the work site, V. Leave work site in undamaged condition, vi. Post signage to identify wet paint, City of Santa Ana GRSC Services RFP Page 13 vii. Remove all equipment and materials when leaving work each day. viii. Dispose of all packaging, containers and excess materials in accordance with applicable laws, regulations, ordinances, codes, and any other legislative or statutory requirements. Materials rinse residue shall be collected and disposed of appropriately. i. Meet with City Project Manager and /or his /her designee when requested at mutually agreed upon dates and times. Contain and dispose of all sand, water, or other materials used in blasting or pressure washing operations in accordance with local, State, and Federal regulations. k. Correct any damage to public or private property as a result of Contractor's operations at the sole expense of Contractor(s). I. Apply anti - graffiti coatings, as required, by the Project Manager and /or his /her designee. m. Conduct operations with least possible obstruction and inconvenience to the public, and barricade no greater area of work than necessary. n. Provide and maintain fences, barriers, directional signs, lights, and flag persons as necessary to give adequate warning to the public at all times of any dangerous conditions to be encountered as a result of the work and to give directions to the public. Any road break permits required shall be the responsibility of the Contractor. o. Conduct full -time daily proactive surveillance at Contractor's expense. p. Working Hours shall be no earlier than 6:00 a.m. to no later than 5:00 p.m. On Weekends and holidays, the Contractor shall respond to all graffiti telephone hotline requests received by 12 noon. q. On Weekends and holidays and every other Friday that City Hall is closed, the Contractor shall retrieve and respond to all graffiti telephone hotline requests received by 12 noon. On the weekends, contractor will respond to graffiti removal request received between noon on Saturday and 12 noon on Sundays within 24 hours. City Holidays observed, New Year's Day, Martin Luther King, Jr. Birthday, Presidents Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, and Christmas Day The Project Manager and /or his /her designee or the Police Department may designate sites as needing an emergency response. An emergency work order will be issued immediately and will have first priority for graffiti removal on the same day. s. Should the Contractor fail to correct deficiencies or public nuisances that have been created because of their operations, the City will proceed to take corrective measures and this project will be considered as an emergency. Such work will be done on a staff account basis with an additional call out charge of $75.00 for each call out. It should be noted that there is a minimum of a two -hour charge for labor for any call out. II. WEB BASED WORK ORDER MANAGEMENT SYSTEM a. Contractor shall provide a real -time web based work order system for receiving, tracking, and closing work orders which City personnel may access. System must allow multiple photos per work order number. City of Santa Ana GRSC Services RFP Page 14 b. Work orders shall include: i. Location or address, ii. Before and after photos; iii. Date and time of work order creation; V. Date and time of removal performed, V. Response time in hours, vi. City department, vii. City contact name, viii. Date and time of request, X. Date and time of work performed, X. Square footage, xi. Surface type, xii. Public or private property, xiii. Brief description of graffiti, xiv. Description of remedy, and xv. Gang tag ID c. Work order system shall include personalized and secure client logins, and City personnel may monitor City work orders and projects. d. Location shall include a Global Positioning System (GPS) link attached to Google or other commonly used online mapping application. e. Web based system must be able to show: i. All work order status, ii. Maps of zones as provided by City, iii. Response time to work orders, V. Costs by zones, V. Square footage cleaned by zones, vi. Custom graphs and reports to include but not limited to, vii. Total Locations received from Graffiti Hotline, viii. Total Location received from App X. Total Square Footage Removed X. Average response time for service calls through Graffiti Hotline /App 1. Same Day Response 2. Within 24 Hours 3. Within 48 Hours 4. Over 48 Hours and /or referred to other Agencies xi. Maps in Google Earth, f. The City shall have access to this data following completion of the work order for a period of three years. g. All data collected in the database for this project is the property of the City of Santa Ana. III. MOBILE APPLICATION TOOL a. Contractor shall provide a mobile application free for City personnel and the general public. b. This application shall allow for the submission of photos of graffiti electronically into Contractor's Work Order System. c. Reporting party shall automatically receive an electronic response with all before and after photos once the work has been completed. City of Santa Ana GRSC Services RFP Page 15 d. This application shall be available on ICS and Android platforms, including, but not limited to Apple (Phone and Google Android mobile devices. e. Mobile requests are to be electronically submitted to work order system and assigned a work order number in real time. f. Upon job completion, a "Thank You" note with all before and after photos are to be transmitted electronically to the resident's email address. g. Responding email must have a feedback link to an electronic survey that allows residents to rate services and response time. h. App shall have flexibility to allow reporting of other Public Service Requests at no additional cost to the City. i. App must be available on the App Store and Android marketplace at the cost of the contractor. j. App must be a native IOS and Android app, mobile webpages requiring the public's data usage from their browser are not acceptable alternatives. k. A web link is to be included that allows residents to submit their requests directly on the City's website. I. Contractor must be able to demonstrate all aspects of the web based work order system and mobile app through a working version of the software prior to award of RFP, and must include Smartphone app names and contact information for a minimum of three (3) municipal customers of similar size that have used contractor's software for at least 12 months. IV. DELIVERABLES a. A minimum of at least two hundred (200) hours of daily weekday surveillance will be required as part of the contract. In addition, a minimum eight (8) hours of daily weekend and Holiday surveillance will be required as part of this contract. The surveillance activities will be done at the Contractor's cost. b. Contractor(s) shall provide online access to before and after digital photograph files, mapped locations, billing information, etc. in a real -time environment of graffiti removal work done for the City. Digital photographs shall be clearly labeled as public or private, before or after, and with the exact location of the graffiti, and shall reference any work order number associated with the removal. All photographs shall be date and time stamped. All photographs shall show enough of the surrounding area or structure to determine size and location on the facility. Contractor is to provide real -time mapping of all graffiti removal via Google maps or other commonly used mapping. c. The Contractor will prepare and submit to each City department or agency a report of surveillance activities performed during the month. This report will provide the following basic information: i. Amount of time spent on surveillance per week, ii. Areas covered in the surveillance, iii. Dates and time that surveillance took place, and iv. Graffiti found and location of the graffiti. V. INVOICING a. Contractor shall invoice the requesting department unless otherwise advised, upon satisfactory receipt of product and /or performance of services. City of Santa Ana GRSC Services RFP Page 16 b. City will use best efforts to make payment within thirty days following receipt and review of invoice and upon complete satisfactory receipt of product and performance of services. c. City shall notify Contractor of any adjustments required to invoice. d. Invoices shall contain City PO number, invoice number, remit to address and itemized products and /or services description and price as quoted and shall be accompanied by acceptable proof of delivery. e. Contractor shall utilize standardized invoice template upon request. f. Invoices shall only be issued by the Contractor who is awarded a contract. g. Payments will be issued to and invoices must be received from the same Contractor whose name is specified on the PO's. h. The City will pay Contractor monthly or as agreed upon, not to exceed the total quoted in the RFP response. i. Contractor(s) shall provide a spreadsheet with each monthly invoice showing the following, i. Showing each location or address serviced, ii. Number of the service request associated with the removal if any, iii. Type of removal, V. Date, V. Notes, vi. Square footage cleaned, and vii. Method of removal. VI. PERFORMANCE REQUIREMENTS The successful Contractor(s) shall clearly demonstrate the ability to a. Receive service requests on a twenty -four (24) hour basis via app, fax, or e -mail, b. Prepare surfaces and paint over graffiti with a color matching the existing covering, or remove graffiti with appropriate cleaners, removers, etc., c. Protect surfaces, landscaping, and personal property adjacent to graffiti removal locations, d. Properly clean -up work areas, and dispose of paints, chemicals, solvents, and cleaning agents utilized in performing the graffiti removal work per local, state and Federal regulations, and e. Accurately track and report the work location, scope, quantity of work performed, and employment utilization. VII. ACCOUNT MANAGER/ SUPPORT STAFF /WORK TRUCK CREW a. Contractor shall provide a dedicated competent account manager who shall be responsible for the City account/contract. The account manager shall receive all orders from the City and shall be the primary contact for all issues regarding Proposer's response to this RFP and any contract which may arise pursuant to this RFP. b. Contractor shall designate once specific truck/individual to oversee an inspect work performed by Contractor's personnel assigned to this contract. The representative shall be immediately City of Santa Ana GRSC Services RFP Page 17 available during work activities to receive communications from the Project Manager and /or his /her designee. All Contractor staff shall be a cell phone in order to be contacted by the Project Manager ana /or his /her designated staff. c. The Contractor shall utilize only trained, competent employees in the performance of this contract. At the request of the City, the Contractor shall remove from assignment to this contract any incompetent, abusive, or disorderly employee, whether supervisory or non - supervisory. d. Any person assigned to this contract found to be in possession of and /or under the influence of intoxicants or narcotics shall be removed from assignment to his contract. This person may be subject to arrest and criminal prosecution. e. Personnel employee by the Contractor shall be screened and are not to perform services under the contract without prior approval from the Contract Representatives. All employees' peforming services must undergo a criminal background investigation by the Santa Ana Police Department prior to service under this contract. f. Contractor shall also provide adequate, competent support staff that shall be able to service the City during normal working hours, Monday through Friday. Such representative (s) shall be knowledgeable about the contract, products offered and able to identify and resolve quickly any issues including but not limited to order and invoicing problems. g. Contractor account manager shall be familiar with City requirements and standards and work with the Project Manager and /or his /her designee to ensure that established standards are adhered to. h. Contractor account manager shall keep the City Specialist informed of requests from departments as required. VII. EQUIPMENT The Contractor's vehicles and equipment shall be neat in appearance and easily identified. Identification of the Contractor's vehicles shall consist of, at a minimum, company name, local telephone number, and contract services provided by City of Santa Ana in print no less than eight (8) inches tall. b. The Contractor shall maintain its vehicles and equipment in safe and mechanically sound condition. c. The Contractor shall provide all personnel, vehicles, supplies, and equipment necessary to perform services. City of Santa Ana GRSC Services RIF Page 18 EXHIBIT B CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES PROPOSER'S CERTIFICATION and PROPOSAL ITEM 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 A) and I am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. 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. Proposal Item Price - Pricing shall be based on a unit cost for services described in Exhibit A. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee in writing. COST SHALL BE SUBMITTED ON EXHIBIT B AS IS. NO ALTERATIONS OR CHANGES OF ANY KIND ARE PERMITTED. RFP responses that do not comply will be subject to rejection in total. The cost quoted below shall include all taxes and all other charges, including travel expenses, and is the cost the City will pay for the three -year term of any contract that is a result of this RFP. Quantities listed herein are annual estimates based on past usage and are not to be construed as a commitment. No minimum or maximum is guaranteed or implied. Proposer hereby certifies to City that all representations, certifications, and statements made by Proposer, as set forth in this RFP Form and attachments are true and correct and are made under penalty of perjury pursuant to the laws of California. RFP proposal fee will be based on Pricing Section G11A D TOTAL, PRICE. GRAFFITI REMOVAL — STREET CLEANING Item No. Description I Monthly cost per Truck for 40 hours a week for weekday service. Service truck must be able to perform both painting and media Monthly B times (x) 12 months Weekday fort 1 blasting. service truck $ $ Daily cost per Truck for 8 hours a day for 2 weekend (Saturday & Sunday) and Holiday Daily service. Service Truck must be able to Weekend and B times (x) 113 days Holiday for 1 service perform both painting and media blasting. truck $ $ PRICING SECTION — GRAND TOTAL PRICE — STREET CLEANING Item No. 1: Column C times (x) Five (5) Trucks E Item No. 2: Column C GRAND TOTAIL. IRRH'IE (Ram No.1 3,.2 ahovey - � City of Santa Ana GRSC Services RFP Page 19 Cooperative Purchasing It is intended that any other public agency (e.g., city, county, school district, public authority, public agency, municipality, and other political subdivision or public corporation) shall have the option to participate in any award made as a result of this solicitation at the same prices. The City of Santa Ana shall incur no financial responsibility in connection with any purchase by other public agency. Labor Classification The work performed on this contract is routine, recurring, and watering, trimming, pruning, planting, removal, and replacement servicing of irrigation. The rates included in the Cost Proposal are determination "Repaint Painter, Lead Abatement'. usual. The work includes of trees and plants, and based on prevailing wage ►�u • •u'L► '.�► �►loll MN ► u: BUSINESS ADDRESS IN 110 I9=1H04 IG1AIzKoly_1Uta01 7r / ill DRAW ill ON SIGNATURE OF AUTHORIZED AGENT DATE TITLE E -MAIL ADDRESS CONTRACTOR LICENSE NUMBER 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 GRSC Services RFP Page 20 GRAFFITI REMOVAL — CITY PARKS Item MR), j Ip f No. Description Monthly cost per Truck for 40 hours a week for weekday service to perform proactive graffiti removal in the Parks (Section I.c. of Exhibit A, Monthly B times (x) 12 months page 13 of RFP) Service truck must be able to weekday for 1 1 perform both painting and media blasting. service truck 8 $ Cooperative Purchasing It is intended that any other public agency (e.g., city, county, school district, public authority, public agency, municipality, and other political subdivision or public corporation) shall have the option to participate in any award made as a result of this solicitation at the same prices. The City of Santa Ana shall incur no financial responsibility in connection with any purchase by other public agency. Labor Classification The work performed on this contract is routine, recurring, and watering, trimming, pruning, planting, removal, and replacement servicing of irrigation. The rates included in the Cost Proposal are determination "Repaint Painter, Lead Abatement'. usual. The work includes of trees and plants, and based on prevailing wage ►�u • •u'L► '.�► �►loll MN ► u: BUSINESS ADDRESS IN 110 I9=1H04 IG1AIzKoly_1Uta01 7r / ill DRAW ill ON SIGNATURE OF AUTHORIZED AGENT DATE TITLE E -MAIL ADDRESS CONTRACTOR LICENSE NUMBER 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 GRSC Services RFP Page 20 EXHIBIT C CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES PROPOSER'S MINIMUM QUALIFICATIONS PROPOSER Minimum Qualifications (Circle YES or NO) a. Vendor(s) is in the business of providing Graffiti Removal Services on road related facilities and private properties for a municipality or a government agency over 10 square miles or greater for at least three (3) years, YES NO b. Vendor has failed to finish a municipal contract term within the last 5 years, YES NO If answer to question b. above is yes, please provide justification or explanation with the municipal contract representative for verification. c. Vendor possesses all permits, licenses, and credentials required to perform graffiti removal services, and YES NO d. Vendor has the ability to furnish the necessary personnel, equipment, cleaning materials, and supplies necessary to remove or cover graffiti. YES NO Firm: Signed: 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. City of Santa Ana GRSC Services RFP Page 21 EXHIBIT D CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES RELEVANT WORK HISTORY 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 l Address: Contract Amount: Description of supplies, equipment, or services provided: Reference Customer l Address: Contract Amount: Description of supplies, equipment, or services provided: Reference Customer Name: Address: Contract Amount: Description of supplies, equipment, or services provided: Contact Individual: Phone Number: Facsimile Number: Year Contact Individual. Phone Number: Facsimile Number Year Contact Individual: Phone Number: Facsimile Number: Year City of Santa Ana GRSC Services RFP Page 22 Reference Customer Name: Address: Contract Amount: Description of supplies, equipment, or services provided: Reference Customer Name: Address: Contract Amount: Description of supplies, equipment, or services provided: Contact Individual: Phone Number: Facsimile Number: Year Contact Individual: Phone Number: Facsimile Number: Year 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 GRSC Services RFP Page 23 EXHIBIT E CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES SOFTWARE REFERENCES Proposer Name: Company Name: Contact Person: Address: Telephone Number: City, State, Zip: E -mail Address: Services Provided / Date(s) of Service: Company Name: Contact Person: Address: Telephone Number: City, State, Zip: E -mail Address: Services Provided / Date(s) of Service: Company Name: Contact Person: Address: Telephone Number: City, State, Zip: E -mail Address: Services Provided / Date(s) of Service: 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 GRSC Services RFP Page 24 EXHIBIT F CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES 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 the 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 the City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by the 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: Printed Name: 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 GRSC Services RFP Page 25 EXHIBIT G CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: 1. The contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor 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 contractor 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 contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor; state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The contractor shall send to each labor union or representative of workers with which he 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 contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor 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 contractor 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 contractor's noncompliance 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 contractor may be declared ineligible for further government contracts or federally assisted construction /services contracts in accordance with procedures authorized in Executive 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 contractor 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 City of Santa Ana GRSC Services RFP Page 26 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 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 contractor becomes involved in, or is threatened with, litigation by a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request that the United States enter into such litigation to protect the interests of the United States. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1039, and as amended, no discrimination shall be made in the employment of persons 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 contractor violating this section is subject to all the penalties imposed for a violation of the chapter. Firm: Signed: 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. City of Santa Ana GRSC Services RFP Page 27 EXHIBIT H CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES RESPONSIBLE PROPOSER — SUPPLEMENTAL QUESTIONNAIRE How many years has your organization been in business in California as a contractor under your present business name and license number? If you performed same business under a different business name with same ownership and operation management and changed name due to, but not limited to, bankruptcy, loss, or license, please complete an additional and separate questionnaire. 2. What is your firm's average gross revenue for the last three years? 3. Is your firm currently the debtor in a bankruptcy case? ❑ Yes ❑ No If "yes," indicate the case number, bankruptcy court, and the date on which the petition was filed. Case Number Bankruptcy Court Date Filed 4. Was your firm in bankruptcy any time during the last five years? (This question refers only to a bankruptcy action that was not described in answer to Question 2, above.) ❑ Yes ❑ No If "yes," indicate the case number, bankruptcy court, and the date on which the petition was filed. Case Number Bankruptcy Court Date Filed 5. Has any California State License Board license held by your firm or its responsible managing employee or responsible managing officer been suspended within the last five years? ❑ Yes ❑ No 6. At any time in the last five years, has your firm been assessed and paid liquidated damages after completion of a project, under a services contract with either a public or private owner? ❑ Yes ❑ No 7. Has your firm ever defaulted on a contract? ❑ Yes ❑ No If "yes," explain on a separate page. City of Santa Ana GRSC Services RFP Page 28 In the last five years has your firm, or any firm with which any of your company's owners, officers or partners was associated, been debarred, disqualified, removed, or otherwise prevented from bidding on, or completing, any government agency project for any reason? ❑ Yes ❑ No If "yes," explain on a separate page. State the name of the organization debarred, the year of the event, the owner of the project, and the basis for the action. In the past five years, has any claim against your firm concerning your firm's work on a project, been filed in court or arbitration? ❑ Yes ❑ No If "yes," on a separate page identify the claim(s) by providing the project name, date of the claim, name of the claimant, the name of the entity the claim was filed against, a brief description of the nature of the claim, the court and case number, and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution.) 10. In the past five years, has your firm made any claim against a project owner concerning work on a project or payment for a contract, and filed that claim in court or arbitration? ❑ Yes ❑ No If "yes," on a separate page identify the claim(s) by providing the project name, date of the claim, name of the claimant, the name of the entity the claim was filed against, a brief description of the nature of the claim, the court and case number, and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution.) 11. At any time during the past five years, has any surety company made any payments on your firm's behalf as a result of a default, to satisfy any claims made against a performance or payment bond issued on your firm's behalf in connection with a project, either public or private? ❑ Yes ❑ No 12. In the last five years, has any insurance carrier, for any form of insurance, refused to renew the insurance policy for your firm? ❑ Yes ❑ No 13. Has your firm or any of its owners, officers, or partners ever been liable in a civil suit, or found guilty in a criminal action, for making any false claim or material misrepresentation to any public agency or entity? ❑ Yes ❑ No 14. Has your firm or any of its owners, officers or partners ever been convicted of a federal or state crime of fraud, theft, or any other act of dishonesty? ❑ Yes ❑ No If "yes," identify on a separate page, the person or persons convicted, the court case and number, the crimes and the year convicted. 15. If your firm was required to pay a premium of more than one percent for a performance and payment bond on any project(s) on which your firm worked at any time during the last City of Santa Ana GRSC Services RFP Page 29 three years, state the percentage that your firm was required to pay. You may provide an explanation for a percentage rate higher than one percent, if you wish to do so. 16. During the last five years, has your firm ever been denied bond credit by a surety company, or has there ever been a period of time when your firm had no surety bond in place during a project when one was required? ❑ Yes ❑ No 17. Has Cal -OSHA cited and assessed penalties against the contractor or its associates for any "serious," "willful' or "repeat' violations of its safety or health regulations in the past five years? ❑ Yes ❑ No (Note: If you have filed an appeal of a citation, and the Occupational Safety and Health Appeals Board has not yet ruled on your appeal, you need not include information about it.) If "yes," on a separate page describe the citations, the party against whom the citation was made, date of citation, nature of the violation, project on which the citation was issued, owner of the project, and the amount of penalty paid, if any. State the case number and the date of any OSHAB decision. 18. Has the Federal Occupational Safety and Health Administration cited and assessed penalties against the contractor or its associates in the past five years? ❑ Yes ❑ No (Note: If an appeal of the citation has been filed and the Appeals Board has not yet ruled, or there is a court appeal pending, you need not include information about the citation.) If "yes," on a separate page describe the citation, the party against whom the citation was made, date of citation, nature of the violation, project on which the citation was issued, owner of project, and the amount of penalty paid, if any. State the case number and date of any decision. 19. During the last five years, has there been more than one occasion in which the General contractor or its associates have been penalized or required to pay back wages for failure to comply with the federal Davis -Bacon prevailing wage requirements? ❑ Yes ❑ No If "yes," on a separate page, describe the violator, nature of each violation, name of the project, date of its completion, the public agency for which it was constructed, the number of employees who were initially underpaid and the amount of back wages and penalties that were assessed. 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 GRSC Services RFP Page 30 EXHIBIT I CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES NONCOLLUSION AFFIDAVIT 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, RFP depository, or to any member or agent thereof to effectuate a collusive or sham proposal. Note: The above noncollusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this noncollusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. State of California, 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 GRSC Services RFP Page 31 EXHIBIT J CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES SAMPLE ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective this endorsement form as a part of Policy # Issued to Countersigned by Named Insured Authorized Representative SAMPLE ONLY City of Santa Ana GRSC Services RFP Page 32 EXHIBIT K CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES SAMPLE AGREEMENT THIS AGREEMENT, made and entered into this X day of XXX, XXXX by and between X (hereinafter "Contractor "), 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 (hereinafter "City "). RECITALS 1. The City desires to retain a Contractor having special skill and knowledge in the field of Graffiti Removal Street Cleaning Services. 2. Contractor represents that Contractor is able and willing to provide such services to the City and is licensed by the State of California to provide Graffiti Removal - Street Cleaning Services. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional Tree Maintenance firm. 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: DEFINITIONS (if any) II. TERMS AND CONDITIONS A. TERM The term of this contract shall commence the date of City Council award and approval of all insurance and bonds, and terminate MONTH, DAY, YEAR, unless earlier terminated as set forth in Section H, below. City is hereby granted an option to renew for up to 2 (two) additional 2 (two) - year periods on the terms and conditions set forth herein. Said options shall be exercised in writing at least thirty (30) days prior to the end of the initial term or any extension thereof. In the event funding is not allocated for parking control enforcement services during the annual budget approval process, the City shall notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period, and contract shall terminate on the last day of current fiscal period without penalty or expense to the City City of Santa Ana GRSC Services RFP Page 33 C. COMPENSATION City agrees to pay and contractor agrees to accept as total payment for its services, the rates and charges set forth in contractor's proposal, attached hereto and incorporated by reference. The amount to be expended for services shall not exceed (dollar amount) ($ ) annually during the term of this agreement. 2. Invoices a. The contractor shall submit a monthly invoice by the fifteenth of the month to the City for the services rendered in the prior month. b. All invoices for work performed under this contract shall be submitted in a format approved by the City. Invoices shall include the following information at a minimum: i. Contractor's invoice number ii. Beginning and ending dates for services iii. City project number and /or name (if applicable) iv. Work site address /location (if applicable) V. Unit cost, subtotals and total for invoice 3. Payment by City shall be made within sixty (60) days following receipt of proper invoice, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance of a professional parking control enforcement services. Extra Work No new work of any kind shall be considered an extra unless a separate estimate is given for said work and the estimate is approved by the City in writing before the work is commenced. The contractor will be required to provide detailed information of such extra work. Documentation of contract compliance may be required on some occasions. Work performed prior to obtaining written approval of the City shall not be included within the Scope of Work and may not be paid. D. INDEPENDENT CONTRACTOR Contractor shall during the entire term of this contract, be construed to be an independent contractor and not an employee of the City. This contract 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 manner in which contractor performs the services required by this contract. However, the services to be provided by contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor 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. City of Santa Ana GRSC Services RFP Page 34 E. INSURANCE Prior to undertaking performance of work under this contract, contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: 1. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting there from and damage to property, resulting from any act or occurrence arising out of contractor's operations in the performance of this agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of One Million Dollars ($1,000,000) per occurrence, Two Million Dollars ($2,000,000) in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self- insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. A sample additional insured endorsement is attached hereto as Exhibit H. 2. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for owned, hired and nonowned automobiles. 3. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, contractor is required to be insured against liability for Workers' Compensation or to undertake self- insurance. Prior to commencing the performance of the work under this contract, contractor agrees to obtain and maintain any employer's liability insurance with limits not less than One Million Dollars ($1,000,000) per accident. 4. If contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than One Million Dollars ($1,000,000) per claim. 5. The following requirements apply to the insurance to be provided by contractor pursuant to this section: a. Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this agreement. b. Certificates of insurance shall be furnished to the City upon execution of this contract and shall be approved in form by the City Attorney. City of Santa Ana GRSC Services RFP Page 35 C. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. 6. If contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this contract. Such termination shall not affect contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. F. HOLD HARMLESS/ INDEMNIFICATION To the fullest extent permitted by law, contractor shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "indemnified parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims "), which may arise from or in any manner related (directly or indirectly) to any work performed or services provided under this contract (including, without limitation, defects in workmanship and /or materials) or contractor's presence or activities conducted performing the work (including the negligent and /or willful acts, errors and /or omissions of contractor, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require contractor to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the contractor. G. 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, sent by telefacsimile communication, or via e-mail to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M -30) Santa Ana, CA 92701 Fax 714- 647 -6956 City of Santa Ana GRSC Services RFP Page 36 With courtesy copy to: Public Works Agency — Maintenance Services Division Danell Mercado, Projects Manager 220 S Daisy Santa Ana, CA 92703 To Contractor: H. TERMINATION The City reserves the right to terminate the contract as follows: In the event contractor fails or refuses to timely perform any of the provisions of this agreement in the manner required, or if contractor violates any provision of this agreement, contractor shall be deemed in default. City shall provide written notice of such default to contractor's project manager. Contractor shall cure said default within a period of two (2) working days. If such cure is not completed in a timely manner, City may assess liquidated damages or terminate the agreement forthwith by giving written notice to contractor's project manager. City may, in addition to the other remedies provided in this agreement or authorized by law, terminate this agreement by giving written notice of termination. Contractor shall be responsible for all costs incurred by City, including replacement costs of equipment and labor required to provide service during contractor's default. In the event of such termination for cause, City shall pay contractor that portion of compensation specified in the agreement that is earned and unpaid prior to the effective date of termination. Contractor shall not be entitled to any compensation for lost profits it terminated for cause. This agreement may be terminated without cause by City upon thirty (30) days written notice delivered to the contractor either personally or by mail. Upon termination, City shall pay to contractor that portion of compensation specified in the agreement that is earned and unpaid prior to the effective date of termination. In addition to, or in lieu of, remedies provided in this agreement or pursuant to law, City shall have the right to withhold all or a portion of contractor's compensation for contract services if, in the judgment of the projects manager or designee, the level of service falls below appropriate standards and /or contractor fails to satisfactorily perform contract services. City shall have the right to retain funds withheld until the projects manager or designee determines that contract services are performed as well and as frequently as required by this agreement. City of Santa Ana GRSC Services RFP Page 37 CONTRACTOR OPTION FOR TERMINATION The contractor may request termination of the contract when conditions during the contract make it impossible to perform or when prevented from proceeding with the contract by act of God, by law or official action of a public authority or in the event on nonpayment by the City. Such request will require one - hundred eighty (180) days written notice prior to contract termination date requested. 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. J. LIQUIDATED DAMAGES If the City determines that the contractor breaches its promise to provide services in compliance with the Terms and Conditions of applicable laws and regulations, and the specifications set forth above, it would be impracticable and extremely difficult to determine the damage to City arising from such breach. Therefore, in the event of contractor's breach, contractor shall pay to City the sum of $XXXLer hour / per occurrence (see narrative) for such breach, in addition to any cost, fines, etc. levied against the City. K. EMPLOYMENT OPPORTUNITIES FOR SANTA ANA RESIDENTS Contractor shall solicit and advertise employment opportunities to Santa Ana residents. The City shall inform the contractor of areas to publicize recruitment opportunities, such as work centers and community centers. Such effort and procedure will be provided to the City for review. L. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS Contractor shall perform all requirements under this contract in strict observance of and in compliance with all applicable environmental, traffic, safety and any other laws, regulations, ordinances, codes and any other legislative or statutory requirements. 2. Contractor warrants that the performance of services under this contract shall be compliant with the current requirements of the (particular relevant statutes and/or regulations) and as it may be amended or updated throughout the term of this contract. M. ASSIGNMENT Inasmuch as this contract is intended to secure the specialized services of contractor, contractor may not assign, transfer, delegate or subcontract any interest herein without the prior written consent of City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. City of Santa Ana GRSC Services RFP Page 38 N. JURISDICTION — VENUE This contract has been executed and delivered in the State of California and the validity, interpretation, performance and enforcement of any of the clauses of this contract 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 contract. C��31T� The contractor shall be liable for all violation fines levied against the City by federal, state, or local agencies with regulatory authority related to contractor provided services. P. MISCELLANEOUS PROVISIONS 1. Each undersigned represents and warrants that its signature hereinbelow 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. 2. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA CARVAHALO City Attorney By: RECOMMENDED FOR APPROVAL DAVID CAVAZOS City Manager CONTRACTOR Fred Mousavipour Executive Director Public Works Agency Tax ID# City of Santa Ana GRSC Services RFP Page 39 EXHIBIT L CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES GRAFFITI ORDINANCE NO. NS-2791 ♦w ORDINANCE NO. NS-2791 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE SANTA ANA MUNICIPAL CODE TO UPDATE THE CITY'S REGULATION OF GRAFFITI. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: 5gifligrL.t. The City CouncH of the City of Santa Ana hereby finds, determines and declares as follows: A. The Council finds and determines that the spread of graffiti on public and private buildings, walls, signs and other structures or places or other surfaces causes blight within the City, resulting in a genuine threat to life, incalculable economic losses to businesses in terms of physical property, profits and goodwill, and the general deterioration of property and business values for adjacent and surrounding properties. B. The Council further finds and determines that the impacts of graffiti are far beyond the cost of cleanup or removal. Not only is graffiti a property crime, but a social crime on the quality of life and freedom from intimidation citizen's desire within their neighborhoods. C The City Council intends, through the adoption of this Ordinance, to provide additional enforcement tools to protect pubic and private property from acts of graffiti vandalism and defacement, to prevent the spread of graffiti vandalism, protect public safety, to establish a program for the expeditious removal of graffiti from structures on public and private property, and to permit recoopment of enforcement and abatement costs to the taxpayers of the City, D. The City Council is authorized to enact this Ordnance pursuant to its police powers as specified in Section 200 of the City Charter, as well as various provision of State Law including Sections 1714, or seq. of the California Civil Code and Sections 38772, of seq, of the Caiffornia Government Code. E. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of 1w.0 Section 418 of the City Charter, Any such restatement of existing 0,dinawn No. NS-2791 Page I of 13 City of Santa Ana GRSC Services RFP Page 40 provisions of the Code is not intended, nor shall it be Interpreted, as constituting a new action or decision of the City Council, but rather cod such provisions are repeated for tracking purposes only in conformance with the Charter, 5Splign 2. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review, Categorical Exemption ER 2009-107 will be filed for the project. Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Sections 10-177 and 10-178 of Article 11 of Chapter 10 of the Santa Ana Municipal Code relate to controlling sale and access by minor to pressurized paint cons and other graffiti implements. Article V of Chapter 17 of the Santa Ana Municipal Code relates to abatement of graffiti in the City of Santa Ana. In the interest of comprehensive regulation, the aforementioned sections of the Santa Ana Municipal Code should be consolidated in one Articte of the Code Therefore, Article IV of Chapter 10 of the Santa Ana Municipal Code shall hereafter be designated as "Graffiti Regulations". §gqqj_4 . Section 17-70 of the Santa Ana Municipal Code is hereby re- designated as Section 10-221 and amended such that it reads as follows Sec. 10-221. Definitions, For the purposes of this chapter, the following words and terms shall have the meaning ascribed thereto: (a) Graffiti means any unauthorized inscription, word, figure, mark, adhesive sticker or design that is written, marked, etched, scratched, drawn, painted, labeled, pasted, applied or affixed, on any surface of public of private real or personal property, including, but not limited to, buildings, walls, windows, signs, structures, places or other surfaces regardless of the nature of the material of which the surface is composed. (b) Grafflti implement means any implement capable of marking, scarring, damaging, or defacing any surface to create graffiti, including, but not limited to, aerosol paint containers, felt tip markers, paint sticks or graffiti sticks, etching tools, adhesive stickers, spray actuators, marking pens, drill bits, grinding stones or any other similar implement. � Ordirvance No. NS-2791 Pogo 2 of 13 "E4* City of Santa Ana GRSC Services RFP 1 *7 L- —m?m? Page 41 I%W (c) Aerosol paint container means any aerosol container, regardless of the material from which it is made, that is adapted or made for the purpose of spraying paint or other substances capable of defacing property. (d) Fall tip marker means any broad - tipped marker pen with a tip which, at its broadest width, is greater than one-sixteenth (1116) of an one inch or any other similar implement containing an ink that is not water soluble. (e) Point stick or graffiti stick means any device containing a sold form of paint, chalk, wax, epoxy, or other similar substance capable of being applied to a surface by pressure and that, upon application, leaves a visible mark on the surface at Oeast one-sixteenth (1/16) of an inch in width or is not water soluble. Adhesive Stickers means any sheet of paper, fabric, plastic or other material with an adhesive, paste, or gummed backing, which; when applied or affixed to any surface efther-creates a permanent contact or is not easily removable without the use of solvents. (g) Property means personal or real property. (h) Etching too/ means any sharp or pointed instrument, that is capable of %W etching or marking glass, plastic, wood, metal, or concrete surfaces, Including, but not limited to, picks, scribes, awls, chisels, markers, and etchers, or any masonry or glass drill bit, carbide drill bit, glass cutter, grinding stone, etching cream or acid etching solution. I.W (i) Expense of Abatement, Abatement Expenses, Costs of tiro Abatement, and/or Abatement and related administrative costs include, but are not limited to, court costs, attorneys fees, costs of removal of the graffiti or other inscribed material, costs of repair or replacement of defaced property, and the law enforcement =is incurred by the City and/or any other public agency as authorized pursuant to Government Code Section 38772(d)(1). (P Graffiti violations of law are those violations referred to in Government Code Section 38772(d)(3) and any violation of this Article. (k) Splay actuator (also known as a spray tip, nozzle, or button) means an object or devrce that is capable of being attached to an aerosol or other paint container for the purpose of spraying the substance contained therein. Ordinance No NS-2791 Page 3 of 13 "E"MM City of Santa Ana GRSC Services RFP 1 *7 L- _m? �J Page 42 Section � Ga"Uons10'177.1O'170 and 1o'17x.1uf the $oNmAna mxni�d pCud* hereby redesignated mm Sections 1n^222,1O-22J and 10^223.1. respectively, and amended such that they reads anfollows: Sec. 10-222. Salo and Possession (u) Salo ofGn*ffiD implements m Minors. |t shall b* unlawful for any person, other than m parent n'le / ,*im".Wsel|a,xhanRo,Q|vo.|nan.cn n/hemviyafuminho, cause ovpennbtvbeeh d | | 4 ollnerwise furnished, any aerosol paint container, broad-tipped marker, gum/paste/self- adhesive label or sticker, etching cream, spray actuator, or paint stick to anyone under the age of eighteen (18) years without the written consent of the parents of, guardian of the minor, and no person under the age of eighteen (18) years shall purchase any pressurized can containing paint or dye. (b) Possession In Designated Public Places. It shall be unlawful for any person to possess any graffiti implement, with the intent to use or apply graffiti, while in or upon any public facility, park, playground, swimming pool, recreational facility or zoo or other public building or structure owned or operated by the City of Santa Ana, or while in or within fifty (50) feet of an underpass, bridge abutment, storm channel, or similar types of infrastructure unless otherwise authorized by the City, This section shall not apply to authorized employees of the City of Santa Ana or an individual or authorized employee of an individual, agency or company under contract with the City of Santa Ana. (c) Possession byMinors ato,Near School Facilities, It shall be unlawful for any person under the age of eighteen (18) years to possess any graffiti implement while vn school property, grounds, fmd|iUm,, buildings, structures, ori" areas immediately adjacent t* those specific locations upon public property, o, upon private property Without written consent of the owner o' occupant ofsuch private property. The provisions of this Sectien shall not apply to the possession of broad- tipped markers bym minor attending ur traveling \uu, from a school u|which the minor iaeni|f the minor i*participating is# class mt the school that formally requires the possession of broad-tipped markers. The burden of proof in any prosecution for violation of the Section shall he upon the minor student k» aotaWiuh the need to possess m broad-tipped marker. S**. 10-223. Public access; $ignmoe. (a) Pam*mnd Markers. Every person who owns, conducts, operates n, manages a retail commercial establishment selling aerosol containers, paint sticks, glass etching solution, *, broad-tipped markers shall store these items inanarea continuously ohsnmmWo. through direct visual observation o,surveillance �01111` Ordinance muws�2,y, Page 4o/m City of Santa Ana GRSC Services RFP 1 *7 L- _"?'1J Page 43 I%— oquipmomt,hy employees of the retail establishment during the regular of business. |n the event that a commercial retail establishment is unable k> store the aerosol paint containers, paint sticks, glass etching solution, v(broad-tipped markers inan area ** provided above, the establishment shall store the containers, sticks, and markers iomn area not accessible *> the vvb|itwithout employee assistance. (A Etching Tools. Every person who owns, conducts, operates m manages m retail commercial establishment selling masonry rv glass d,d|bi$. carbide drill bit, glass cutters, grinding stones, awls, chisels u, carbide scribes, shall store nr cause such items \obe stored inam area viewable by, but not accessible to. the public i" the regular course of business without employee assistance, pending legal sale or disposition of such items. (c) Co*(mve*8^p7mge Every retail commercial establishment wolfinM grw#hi implements shall post a sign in clear I view at^/ near display u/such products oYatm&�"Pursuant to Penal Code Section 5Q4.1, place w sign inclear pwNuc view ato, near Vie display *Y such products stating: 'Graffiti ioagainst the law. Any person who defaces real n, personal property vvi1hpmintorunynthe/ liquid or device is guilty of a crime punishable by mprisonment of up to 6 months and/or m fine upk/$100U^. (d) Aoditivo*/$igpage. Every retail commercial establishment selling n,nMhknp|amentsoha|p|aueaoign|nU`md|ectviewoywnh persons responsible for accepting customer payment for graffiti implements stating: "Selling spray paint, paint sticks, or broad-tipped n`u,ke/stn persons tonm than eighteen (10) years of age i, against the law and punishable hym fine nf $1000" Svc� 2.223.1. Graffiti Prohibited. (a) Defacement. K shall bo unlawful for any person toapply graffiti to any natural ur manmade surface on any public v, private-owned properly or, vvi1how1 permission "f the owner oroccupant. (b) Directing, Aiding and Abetting. It shall be unlawful for any person to solicit or command another person to apply graffiti, or for any person to aid or abet or agree to aid or abet another person to plan to apply or apply graffiti. aqctin 6. Sections l0-224 through 1D-225arewdded to Chapter 1Vofthe Santa Ana Municipal Code to read in full as follows: Sec. 10-224, Penalties and other Remedies. mrdira=w No. wS,2791 Page sa13 City of Santa Ana GRSC Services RFP Page 44 Any person violating this Ordinance shall b* guilty ofmmis4mvew"o,mm defined in this Code, "W Sec. 10-2241 Parental Liability (a) |n the case ofm minor, the parents v, legal guardian shall liable with the minor for payment of all fines. (b) Failure of the parents or legal guardian Nmake payment will result in the imposition of an abatement assessment against the parents' or legal guardian's property that includes the fine and administrative costs. (c) Upon and application and finding of indigence, the rourl may decline tn order fines against the minor, parents orguardian. 8mm1n^224.2gmwdKwhwn m addition {n any punishment specified i" the court shall order any violator V, make restitution /* the victim for damages nr loss caused directly or indirectly the violator's offense i,, the amount or manner determined hy the court. |o(be case of a minor, the parents or legal guardian shall be ordered with the minor to make restitution. �W Sec. 10-224.3 Forfeiture All personal property, including, but not limited to, automobiles, motorcycles, scooters, bicycles wr skateboards, used ur intended k>bo used in violating this Ordinance shall be forfeitable to the City, In forfeiting such personal property, the City shall follow procedures outlined in this Code concerning forfeitures of personal property. In any forfeiture proceeding initiated under this Section, the court shall not order forfeiture unIess it finds that the forfeiture is commensurate with the severity of the violation to the extent required by the United States Constitution, Sec. 10-224.4 Community Service |n lieu of, oa part of, orin addition to the penalties specified inmi*w*t§u",a minor or adult shah be required to perform community service as described by the court based on the following minimum requirements: IM ommmoce No. wS,27A, Page *m`3 City of Santa Ana GRSC Services RFP 1 *7 L- —m?U Page 45 (m) The rninorc*adult shall perform not less than forty (40) hours uyco"lnmon�/mmn/�p for the �nAofhen$e'not less — than eighty (nn) for the second, and not less than one hundred twenty (12o) for m third $rsubsequent offense. (b) fV least one parent o ,dim of the minor shall bmin attendance a minimum oy fifty percent (5O%)uf the assigned community service (c) The period ,y community service shall he performed under the supervision of a community service provider approved Uythe Chief wfPolice. (d) Reasonable effort shall be made tn assign the ,mi"o/o,adult \pa type of community service that iv reasonably expected \o have the most rehabilitative effect uo the minor cvadult, including community servioe that involves QnaffiUremoval. (m) Any minor determined tnbma ward o| the court under State Law aga result of committing wn offense in the City shall be naqu|r$d, o1 the City's opovm, to perform community service, including di Midremoval service *f not less than forty (4V) hours nor more than eighty (*O)hours. Sec. 10-225. Trust Fund. The City Council hereby creates the c of Santa A=8nti-Graffai Trust Fund Penalties assessed against violators of this Ordinance shall be placed |wthe fund, along with assessments and judgments nmV*,tedpursuant1othimA,tic|e.wm well as any monetary donations received from individuals or from the business community wishing twcontribute to the fund 'The Council shall direct the expenditures of monies in the fund. Such expenditures shall be restricted t*the payment of the cost of graffiti removal, the payment of rewards pursuant to Section 10'228wr this Article and such other public purposes me may be approved bythe Section . Smcdo"s17'7O.l and 17702wf the Santa Ana Municipal Code are hereby z��dgnated as Sections 10-226 and 10-227, respectively, and amended to read as Sec. 10~226. Reward provisions. (a) Pursuant to 53069.5 of the Government Code, the city may offer reward for information leading tothe apprehension and conviction ofany I*.1 Ordinance N*NS-2791 Page 7 of 13 City of Santa Ana GRSC Services RFP Page 46 person who places public u,private property in such amounts approved by the City Council, In the event of multiple contributors of information, ,ww the reward n,nmumt shall be divided by the city in m mmannr, it mhw|/ deem appropriate. For the purposes of this section, diversion of the offending violator to a community service program, or a plea bargain to a lesser offense, shall constitute a conviction. (M Claims for rewards under this section shall be filed with the City in manner specified bv City Council. (c) The peirs^ntonvichy1of committing the graffiti offense shall beliable for any rewards paid pursuant b» this section and, J that person iwmn unemancipated minor, the custodial parent of said minor shall be liable for any rewards paid pursuant 1* this section. |n the event of damage 10 public o| private property, the offender o, the parents n/ legal guardian oY any unennanoipmtedminor must reimburse the City for any reward paid, (d) No law enforcement officer, municipal officer, official or employee vfthe City shall be eligible for a reward made pursuant to this section. (e) No claim for mreward shall bm allowed unless the City investigates and verifies the accuracy of the claim and determines that the requirements of this section have been satisfied. Se* 10-227^ Graffiti as a Nuisance; City Abatement (a) The existence of graffiti with| the city limits qfSanta Ana constitutes a public and private nuisance and may be abated according to the provisions and procedures contained in this Article, (b) Removal bythe Perpetrator, Any person applying Vreffifinn public vr private properly shall have the duty k» remove the graffifi "imi twenty-four (24) hours after notice by the City nr private owner vf the property involved, Such removal shall bm done ino manner prescribed by the Executive Director oVPublic Works or other designated City official, Failure of any person to remove graffiti shall constitute an additional violation *Y this Ordinance. Where graffiti iaapplied by a minor, the parents or legal guardian having custody and control of the minor shall also &e responsible for such removal, (d Removal by City. Whenever the City becomes aware uJu,iwnotified and determines that graffiti inlocated on publicly capable nf being viewed from any public /ight-ou+wmycvfrom w public vr quasi- public p|woe. the City inauthorized to use public funds 1n remove the gnzffNi, by painting, repairing, water blasting, or other graffiti removal technique, to that M Ordinance No. NS-2791 Page 8of13 City of Santa Ana GRSC Services RFP VVT-� Page 47 degree reasonably necessary to restore the defaced area and to avoid an aesthetic disfigurement to the neighborhood or community. (d) Right of Entry on Private Property, Prior to entering upon private property or property owned by a public entity other than the City for the purpose of graffiti removal, the City shall attempt to secure the consent of the properly owner or responsible party and a release of the City from liability for properly damage or personal injury. If the property owner or responsible party fails to remove the offending graffiti within the time specified by this Ordinance, or if the City has requested consent to remove or paint over the offending graffiti and the property owner or responsible party has refused consent for entry on terms acceptable to the City and consistent with the terms of this Section, the City shall commence abatement and cost recovery proceedings for the graffiti removal according to the provisions specified in Section 10-228, below. (9) Recovery of Costs. The City reserves the right to recover City costs and expenses from any person who has willfully damaged property in a manner described in subsection (a), above, pursuant to the provisions of this Article, Penal Code Section 594, CivA Code Sections 731 and 1714.1 and Government Code Sections 38771, at seq. Section 8. Section 10-228 is added to Chapter 10 of the Santa Ana Municipal Code to read as follows: %` Sec. 10-228. Abatement by Property Owner. 12� (a) Property Owner Responsibility, Any person who is the owner or who has primary responsibility for control of private properly or for repair or maintenance of private property in the City must abate graffiti as set forth below. (b) Failure to Remove. If the property owner has not removed the graffiti within ten (10) days after its appearance or has refused consent to the City to enter the property and abate the nuisance, the City may, pursuant to this Section, remove graffiti at the owner's an expense as a public nuisance and to assess the property for such abatement costs in accordance the procedures set forth in Chapter 17,, Sections 17-1 through 17413 of the Santa Ana Municipal Code, (c) Exceptions to the Removal Requirement, The removal requirements identified in this section shall not apply if the property owner or responsible party can demonstrate that the property owner or responsible party lacks the financial ability to remove the graffiti; or the property owner of responsible party has an active program for the removal of graffiti and has scheduled the removal of the graffiti as part of that program. In such case A shall be unlawful to permit such property to remain defaced with graffiti for a period of ten (10) days after service by first class mail of notice of the defacement. Ordinance No NS-2791 Page 9 of 13 City of Santa Ana GRSC Services RFP I I Page 48 Sq�#�n 9. Sections 1&22$ through 1;^%3a are added N Chapter 1Vofthe Santa Ana Municipal Code to read in full as follows: s**1o`229^mmwpr*muPo°emtaNP|nanciaoRmwp*nwihi[ityfwrQraufiti Violations of Law. (a) Pursuant <o Government Code Sections 38772,30778,2.and 3O773.O. the City Council hereby makes the expense of abatement cxqnomkti violations o/ law committed by minor * personal obligation mf both the minor causing the graffiti nuisance and the pw,ew,(m)o, legal pummian(s) having custody and control nY the minor (who shall be jointly and severally liable with the minv,). and an assessment against the property of the minor or an assessment against the property of the panenVo)u, legal gumrdian(m) having custody and control oYthe (b) Pursuant \u Government Code Section 30772(*). the County Probation Officer shall report the names and addresses cfparenKn)o,legal Qum,di*"(w) having custody and control nf the minor responsible for m violation uf this Chapter to the Clerk of the Council. (c) Pursuant 1u Government Code Section 307737 upon d or subsequent civil or criminal judgment within a two-year period, the City may find that "the minor causing the graffiti nuisance and the vp.n..`o/". legal ymmw.wvp/ having custody and control of the minor is responsible for the graffiti and request the court to impose treble damages, (d) Parental Liability. Pursuant Civil Code Section 17141. any parent cx legal guardian of a minor shall be personally liable for any and all costs to the City or any person n, business incurred in connection Wi{hthe removal of graffiti caused by conduct of said minor, and for all attorney's fees, court costs, arid civil penalties incurred in connection with the civil prosecution of any claim for damages o, reimbursement up/v$°e"W-(iw* thousand dollars (*25^&00). Sec. 10-230. Dmm»mdwmt Liability for Cost wwGraffiti Abatement (a) Detendant's liability for cost of @mffiftif abatement When the disposition vfa criminal case nro proceeding pursuant tu Welfare and Institutions Code Section GV2 determines that the defendant m that case io responsible for creating, causing or committing the graffiti which was abated by the City, that same defendant shall be liable for air costs Incurred by the City. These costs shall include, but are not limited to, court costs, attorney's fees, costs nY removal cfthe 4W ominm"rewuum'rm City of Santa Ana GRSC Services RFP Page 49 graffiti or other inscribed material, costs of repair and replacement of defaced �~ property, and the law enforcement costs incurred bythe City i" the ide,tlicativn and apprehension of the defendant responsible for the graffiti or other inscribed material vn publicly o/ privately owned permanent real n, personal property within the City, auprem^ritimd within Government Code Sections 38772^38773.0,and 530693 4�uKOe�n"�w/9^�uun9,0nnTh*do�nn�*bun (�� of responsibility shall be presumed by any confession, admission, guilty plea, nnld conny"donatu any violation vf Penal Code Sections 5y4.594�J.84V 5.040.6,or 640.7. (d Juvenile Offender Presumption. |n the case nfm minor defendant, responsibility shall be determined upon a conviction by final judgment or by the rrunor being made a ward of the Juvenile Court pursuant to Werfare and Institutions Code Section 602 by reason of the commission of any act prohibited under Penal Code Sections 5$4,5S4�3,V4K5.04u.6.vv04O7. (d) Adult Civil Actions. The City may bring a civil action |n the Superior Court to obtain a money judgment against a defendant for any amount not ordered or coldicted by the criminal court, including, but not limited to, all attorney's fees, court costs, and civil penalties incurred in connection with the civil prosecution of any claim for damages orreimbursement. 1%W (e) Juvenile CM1 Actions. The City may bring u civil action in the Superior Court to obtain o money judgment agu|nmtwjuvonUeoMendmr*nu/o,hiovrh*x pa"m^/(a)u,gua,d|a,(n) having custody and control vf the juvenile offender for any amount not ordered u/ collected by the juvenile court, including, but not limited to, all attorney's fees, court costs, and civil penalties incurred in connection with the civil prosecution of any claim for damages vrreimbursement Sec, 10-231. Reserved Son10^232,Aww*mwnnemt, Procedures. Pursuant WGovernment Code Section 30773* the City may recover its costs $/ abate any graffiti through assessment procedures set forth i" Sections 17^ 40 through 17`43uf the Santa Ana Municipal Code. Section 1W^233. Remedies Not Exclusive. � om�^m n� ewu�w4^z1 ' roAeIiv<^3 City of Santa Ana GRSC Services RIF Page 50 Remedies provided for the enforcement of this Article are in addition to and do not supersede or limit any and all other remedies provided by law. The remedies provided herein are cumuiative and not exclusive, t sec �iqa,J,Q. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions he declared Invalid or unconstitutional. ADOPTED this 17th day of August, 2009 Kk�&el A. Pulido Mayor r+Tao uouncurnerriDers: aiyaroeu nt NOES: Counciintembers. NonQ, JQL_ ABSTAIN: Coundimembers: None ( 01 NOT PRESENT: Councilnnernbers: Ben-4 ni CERTIFICATE OF ATTESTATION AND ORIGINALITY 1, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS- . .... 27,91 to be the original ordinance adopted by the City Council of the City of Santa Ana on August j2_2gq2 and that said ordinance was published in accordance with the Charier of the City of Santa Ana. Date: Clerk of the Council —,i City of Santa Ana Ordinance No NS,2791 Page 12 of 13 CU .00 r—A "E�8* City of Santa Ana GRSC Services RFP 1 *7 L- —�Jm? Page 51 EXHIBIT M CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES GRAFFITI ORDINANCE NO. NS -2798 . ORDINANCE NO. NS -2798 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE SANTA ANA MUNICPAL CODE TO UPDATE THE CITY'S REGULA'T'ION OF GRAFFITI .... . .. .. . ...... . . THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Council finds and determines that the spread of graffiti on public and private buildings, walls, signs and other structures or places or other surfaces causes blight within the City, resulfing in a genuine threat to life, incalculable economic losses to businesses in terms of physical property, profits and goodwill, and the general deterioration of property and business values for adjacent and surrounding properties. S. The Council further finds and determines that the impacts of graffiti are far . beyond the cost of cleanup or removal. Not only is graffiti a property crime, but a social crime on the quality of life and freedom from intimidation citizens desire within their neighborhoods. C. The City Council intends, through the adoption of this Ordinance, to expand existing standards for Graffiti Abatement and to amend the Citywide Design Guidelines. In addition, this Ordinance adopts recommendations for the abatement of graffiti placed on above ground utility fixtures, including additional tools to require standardized colors for above ground fixtures, application of anti - graffiti coating to newly installed fixtures, and removal of, or painting over, graffiti in a timely manner. D. The City Council is authorized to enact this Ordinance pursuant to its police powers as specified in Section 200 of the City Charter, as well as various provision of State Law including Sections 1714, at seq. of the California Civil Code and Sections 38772, et seq. of the California Government Code. E. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of Section 418 of the City Charter. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are . repeated for tracking purposes only in conformance with the Charter. Ordinance No NS -2798 Page 1 of e City of Santa Ana GRSC Services RFP Page 52 ii. The permittee's removal of any graffiti within 48 hours, excluding weekends or holidays, after notification; iii. The City's right to remove graffiti or to paint the encroaching object upon the permittee's failure to remove the graffiti within 48 hours, excluding weekends or holidays, after notification; or IV. The permittee's providing the City with sufficient matching paint and/or anti - graffiti material on demand for use in the painting of the encroaching object containing graffiti. Section 4, Section 41 -638,2 of the Santa Ana Municipal Code is hereby amended to read as follows. Sec. 41- 538.2. Standards for graffiti abatement. (a) Condition Tentative Maps. In approving tentative or parcel maps, conditional use permits, variances, or other similar land use entitlements, the city shall consider imposing any or all of the following conditions, or other similar or related conditions, at the public hearing required by law for approval of the tentative or parcel map, conditional use permit, variance or other similar land use entitlement: i. Use of anti - graffiti material. Developer shall apply an anti - graffiti material of a type and nature that is acceptable to the Executive Director of Planning and Building or designee, to the publicly. viewable surfaces on the improvements to be constructed at the site deemed by the Executive Director of Planning and Building, or designee, to be likely to attract graffiti; U. Right of access to remove graffiti. Developer shall grant, prior to resale of any of the parcels that are within the territory of the map, the right -of -entry over and access to such parcels, upon forty -eight (48) hours posting of notice by authorized city employees or agents, to the city for the purpose of removing or "painting over" graffiti; iii. Supply City with Graffiti- Removal Material. Developer shall, for a period of two (2) years after the resale of the final lot, provide the City with sufficient matching paint and /or anti- graffiti material on demand for use in the painting over or removal of graffiti; or IV . Owner to immediately remove graffiti. Developer shall, either as part of the general conditions, covenants and restrictions, or separate covenants recorded against individual lots, prior to resale of any of the parcels, covenant in a form satisfactory to the city that Ordinance No NS -2798 Page 3 or 6 City of Santa Ana GRSC Services RFP — Page 53 F. On August 17, 2009, the City Council adopted Ordinance No. NS -2791 amending the Santa Ana Municipal Code to update the City's regulation of graffiti. The planning and public works issues related to the instant Ordinance were separated from the previous ordinance in order to allow the Planning Commission and staff an opportunity to review the material. G. On September 14, 2009, the Planning Commission recommended that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2009 -06, and receive and file amendments to the Citywide Design Guidelines by a vote of 5:0. N. Staff also met with the utility companies serving the City to discuss the amendments, and the utility companies have no objections to the ordinance. Section 2. In accordance with the California Environmental quality Act, the proposed project is exempt from further review. Categorical Exemption ER 2009 -107 will be filed for the project. Pursuant to Title XIV, California Code of Regulations ('CCR ") § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend, Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. Section 33 -32.20 is added to Chapter 33 of the Santa Ana Municipal Code toread in fin full as follows: ...._.. See. 33- 32.20. Standards for graffiti abatement. (a) Common Utility Colors and Paint -Type, Any gas, electric, telephone, water, sewer, cable, telephone and other utility operating in the City shall paint its above - surface fixtures with a uniform paint type, . specific to each company, and color that meets with the approval of the Director of Public Works, or the designee of the Director of Public Works. ._ _ (b) Condition Encroachment Permits. All encroachment permits issued by the City shall, among such other things, be conditioned: i. The permittere's application of an anti - graffiti material to the encroaching object of a type and nature that is acceptable to the Director of Public Works, or the designee of the Director of Public Works: Ordinance No NS -2798 Page 2 of 6 City of Santa Ana GRSC Services RFP Page 54 the owner of the lots shall immediately remove any graffiti placed thereon. (b) Design of Potential Graffiti- Attracting Surfaces. Any applicant for design review approval, conditional use permit, special use permit, development agreement, or other form of development or building permit shall, to the extent deemed feasible by the Executive Director of Planning and Building or designee, have designed any building structures visible from any public or quasi - public place is such a manner to consider prevention of graffiti, including, but not limited to the following: i. Use of a protective coating to provide for the prevention of or the effective and expeditious removal of graffiti ii. Use of additional lighting as a means of deterrence iii. Use of non -solid fencing iv. Use of landscaping designed to cover large expansive walls such as Wy or similar clinging vegetation; v Use of architectural design to break up long, continuous walls or solid areas; or vi. Use of a water projection system activated by a motion sensor. (c) Retro-Fit Existing Graffiti- Attracting surfaces: Non - Residential Structures. The following provisions may be incorporated in a graffiti eradication order issued pursuant to Article VII of Chapter 17 of this Code, at the discretion of the City and /or hearing officer. At Owner's Expense. Any surface of a structure on a parcel of land used for nob - residential purposes that has been defaced with graffiti more than five (5) times in a twelve (12) month period shall be declared a public nuisance and required to be retrofitted, at the cost of the property owner, with features or qualities as may be established by the City as necessary to reduce the attractiveness of the surface for graffiti, or as necessary to permit more convenient or efficient removal of graffiti. In exercising the authority hereunder, the City may not impose a cost on the property owner of an amount greater than that established or approved by City Council, At City's Cost. The owner of property used for non - residential purposes on which is located a surface of a structure that has been defaced with graffiti more than five (5) times in a twelve (12) month period shall permit the City to enter the property and, at the City's cost, make modifications as necessary to reduce the attractiveness ordinance No. NS -2798 Page 4 of 6 City of Santa Ana GRSC Services RFP Page 55 the owner of the lots shall immediately remove any graffiti placed thereon. (b) Design of Potential Graffiti- Attracting Surfaces. Any applicant for design review approval, conditional use permit, special use permit, development agreement, or other form of development or building permit shall, to the extent deemed feasible by the Executive Director of Planning and Building or designee, have designed any building structures visible from any public or quasi - public place is such a manner to consider prevention of graffiti, including, but not limited to the following: L Use of a protective coating to provide for the prevention of or the effective and expeditious removal of graffiti ii. Use of additional lighting as a means of deterrence iii. Use of non -solid fencing iv. Use of landscaping designed to cover large expansive walls such as ivy or similar clinging vegetation, v. Use of architectural design to break up long, continuous walls or solid areas; or vi, Use of a water projection system activated by a motion sensor. (c) Retro-Fit Existing Graffiti- Affracling Surfaces: Non - Residential Structures. 'The following provisions may be incorporated in a graffiti eradication order issued pursuant to Article VII of Chapter 17 of this Code, at the discretion of the City and/or hearing officer. At Owner's Expense. Any surface of a structure on a parcel of land used for non - residential purposes that has been defaced with graffiti more than five (5) times in a twelve (12) month period shall be declared a public nuisance and required to be retrofitted, at the cost of the property owner, with features or qualities as may be established by the City as necessary to reduce the attractiveness of the surface for graffiti, or as necessary to permit more convenient or efficient removal of graffiti. In exercising the authority hereunder, the City may not impose a cost on the property owner of an amount greater than that established or approved by City Council. At City's Cost. The owner of property used for non - residential purposes on which is located a surface of a structure that has been defaced with graffiti more than five (5) times in a twelve (12) month period shall perk the City to enter the property and, at the City's cost, make modifications as necessary to reduce the attractiveness Ordinance No. NS -2798 Page 4 of 6 City of Santa Ana GRSC Services RFP Page 56 IYYYYS Y1Y8 YIIdJ Address: Attachment 1 Anti - Graffiti Program Public M ovks Ageuec Maintenance Division "a South Diio y Avenue, Smug Ana., Califon ra 93702 Tek- plwue: (714) 647 -3339 Fax: (714) 647 -3345 CONSENT TO ENTER & RELEASE OF LIABILITY TO THE CTIN OF $ANTA ANA AND THE GRAFFITI REMOa'AL C'03IP.ANY: B isnstsR Name: Effective dare of audrarizatian. Frain 11M , � ,'"� t� 16 1 Santa Ana. CA Authorization is effective from the dare Cantsenr to Eager is signed until permission is denied by written notification. ❑ The City of Santa Ana may use any of its five .specific colors of paint to the removal of the g xffiti- The undersigned owner of the prgrerty., or agent representing the property oumer at the address noted above., hereby consents to entry upon said prger2y by personnel and equipnent of the City of Sama Ana or its Contractor a. is necessuy to remove, reduce obliterate the wrinug of graffiti on the Please check: ❑ Building, ❑ Fence ❑ Wall ❑ Other improvement by using vapor steal, water blasting, paimilag, or list of soh "eats. I understand that the clearing tiny be in blocks or strips where the levering appears mid that the cleaned or processed area away not crutch precisely the original surface but every effort is-All be made to snatch colors to the remainder of trite above to tric,verrients, that the clearing will not include the entire surface, but only block.. patches or strips thereof.. and the C'bntractor and the City issurue no tesponsibility if colors do not preasely uriach, and that some residue of the existing graffiti may remain. I request and authorize the City of Santa Ana or its Contractor to enter and use said equipment and materials with my All] imovs ledge of the above information - I hereby release the City of Santa Ana and its Contractor, its officers, agents mid employees, of and from any -all claloas, derunds, causes of action or obligations whatsoever arising out of or relating, to envy ors toy property, and incidental damage to doings and plants, the cleansing operations hereinabove de,scr4bed. and final appearance of said Improvements, Print Naine, Signature: Telephone: Title. ❑ Owrrer ❑ Agent ❑ Manager Date Signed: ROw if signed form to: Public \1 "orks Agency— \laintenance Division Attn: Graffiti Abatement C: rem Supervisor 229 South Daisy, Building A Santa Atka, C:A P2792 City of Santa Ana GRSC Services RFP Page 57 Attachment 2 City of Santa Ana Miles City of Santa Ana GRSC Services RFP Page 58 19E -62