Corona City Council
November 6, 2024

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12. Work Progress Tracking.

4.13.1 The Contractor will develop and provide work progress spreadsheets for the Contractor to maintain and submit to Project Manager at the end of the business day every Monday for the prior week’s work activities.

4.13.2 The City utilizes this spreadsheet to track the daily progress of the work performed.

13. Packets Assignments.

4.14.1 Contractor shall be provided packets of work to be performed and it is the responsibility of the contractor to track the progress of the work.

4.14.2 Each packet contains a combination of sanitary sewer mains of various sizes and lengths located within a sewer sub basin.

5. MEASUREMENT AND INVOICE.

1. Unit prices shall be in accordance with the price list.

5.1.1 Sewer line chemical root control, including all labor, materials, equipment, and associated costs, shall be paid for at the unit price per linear foot of each size pipe.

Unit prices are to be computed per linear foot manhole-to-manhole.

2. Invoices.

5.2.1 The Contractor shall submit one invoice upon completion of the services in duplicate. If partial shipments of deliveries are authorized by the City, a separate invoice must be sent for each shipment or delivery made.

5.2.2 Invoices shall contain a unique invoice number, the purchase order or delivery order number and the master agreement number, the Department’s name, and the name of the point of the contact for the Department. Invoice shall be itemized.

6. FIELD ORDERS.

The Project Manager may authorize minor variations in the work from the requirements of the Contract Documents which do not involve an adjustment in the Contract amount or the Contract time using a field order. Execution of field orders is binding on the Project Manager and on the Contractor who performs the work.

7. CONTRACTOR ADMINISTRATIVE REQUIREMENTS.

1. Contractor employees.

7.1.1 The Contractor shall demonstrate a minimum level of three (3) years direct experience in applying chemical sewer root control agents. The Contractor must have performed at least other jobs similar in size and scope to the work specified herein and have treated in excess of 500,000 linear feet of sanitary sewer with its own personnel within the last 24 months. Any work performed by subcontractors for the Contractor will not be considered.

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2. Project Manager
The Contractor’s project manager shall manage the entire project on a day-to-day basis on behalf of the Contractor and ensure that assessments are carried out in a professional manner and in compliance with the assessment. The Project Manager shall have a minimum of two (2) years of experience managing similar contracts. The Contractor’s project manager shall be the primary point of contact and shall be available to meet with the Contract Manager on a monthly or more frequent basis to update progress against the assessment schedule and discuss any issues.

3. Filed Operations Manager
Each field crew shall be led by the Contractor’s field operations manager. The field operations manager shall be onsite continuously when performing root treatment to the sewer mains, except for City observed holidays and vacations during which the Contractor shall provide a qualified substitute preapproved by the Contract Manager.

The field operations manager shall have a minimum of three (3) years of experience as a crew leader overseeing such tasks.

Note: One individual may simultaneously serve as Project Manager and field Operations Manager providing the above qualifications are met.

4. Job Site Management
The Contractor shall set up, manage, and restore each job site in a responsible manner that includes but is not limited to maintenance of traffic, pedestrian safety, and property protection. At no time during active progress of work shall the Contractor leave the job site unattended.

5. Professionalism
The Contractor staff ensures activities are conducted in a professional manner, shall insure personnel are in an approved uniform and nametag, field equipment is maintained clean and neat, and trucks are clearly identified with the Contractor’s name, contact phone number, and “Under Contract with the City of Corona” on both sides of the truck. The Contractor shall maintain written procedures for field operations and information management process.

6. Licenses
Before the Contract is awarded, the successful bidder shall be a licensed contractor pursuant to the Business and Professions Code and shall be licensed in the following appropriate classification(s) of contractor’s license(s), for the work bid upon, and must maintain the license(s) throughout the duration of the Contract: California Contractors State License Board: A – General Engineering Contractor Before the Contract is awarded, the successful bidder shall possess a California Qualified Applicator Certificate.

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8. OMISSIONS
It is the intent of this specification to acquire complete root treatment for the City of Corona. Any services that have been omitted from this specification, which are clearly necessary for the complete and legal operation of this service are to be considered a requirement, although not directly specified or called for this specification. .

NOTE – NOT PUBLIC PROJECT WORK
This Agreement generally governs only work which is considered to be “maintenance work” under CMC Section 3.08.010(k) and Public Contract Code Section 22002(d), and does not include “public project” work under CMC Section 3.08.010(m) and Public Contract Code Section 22002(c). The only time that an individual call-out, as described in Exhibits “B” and “C” attached hereto, might include “public project” work is when an individual call-out is strictly limited to an amount that is not required to be informally or formally bid under the CMC or state law (e.g. less than $60,000), and individual projects shall not be split to fall below that amount.

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EXHIBIT “B”

SCHEDULE OF SERVICES
Contractor shall complete the Services within the Term of this Agreement, and shall meet any other reasonable schedules and deadlines established by City’s Representative.

The contract term can be extended with two optional two-year renewals  Option 1, if exercised, shall be effective July 1, 2026 through June 30, 2028  Option 2, if exercised, shall be effective July 1, 2028 through June 30, 2030 Option year pricing shall be negotiated by the Parties prior to commencement of each additional two year period. Negotiated price adjustments will be made in accordance with and shall not exceed the percentage of change in the United States Bureau of Labor Statistics Consumer Price Index “All Urban Consumers for Riverside, California, Area (CPI-U), not seasonally adjusted, for the most recent twelve (12) months for which statistics are available. This method of price adjustment shall apply to each extension period exercised. Option years shall become effective only upon issuance by the City of a duly authorized Purchase Order.

AS-NEEDED SERVICES
Each individual call-out under this Agreement is a separate project for purposes the City’s bidding and purchasing requirements.

Contractor shall provide the Services on an as-needed basis, and as scheduled and directed by the City’s Representative.

For each individual call-out, Contractor shall respond, mobilize and be on-site ready to start work no later than twenty four hours after notification for routine work, repairs and installations.

Contractor must be able to respond by telephone to emergency call-out notifications from City within one hundred and twenty minutes of being notified by City that there is an emergency, and to be mobilized and on-site within one (1) hour of such emergency notification by City.

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EXHIBIT “C”

COMPENSATION
Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth herein.

BONDS
Each individual call-out under this Agreement is a separate project for purposes of the City’s bidding and purchasing requirements, including, but not limited to, its bond requirements provided for in Civil Code Section 9550, which mandates that the City require a payment bond for certain public work projects involving an expenditure in excess of $25,000.

Payment Bonds: Contractor shall provide a 100% payment bond for all individual call-out projects for which a project work order has been issued by the City in excess of $25,000.

Performance Bonds: Contractor shall be required to provide a 100% performance bond whenever the City indicates that one is required in the project work order issued for an individual call-out project.

Cost of Bonds: Whenever a bond is required by the City for an individual call-out project, Contractor will be able to include the costs of the bonds for that individual call-out.

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DATE: 11/06/2024
TO: Honorable Mayor and City Council Members
FROM: Police Department
2024-119

REQUEST FOR CITY COUNCIL ACTION
SUBJECT:

ACCEPTANCE OF THE STATE OF CALIFORNIA OFFICE OF TRAFFIC SAFETY

SELECTIVE TRAFFIC ENFORCEMENT PROGRAM FEDERAL GRANT AWARD EXECUTIVE SUMMARY:

This staff report asks City Council to accept the State of California Office of Traffic Safety Selective Traffic Enforcement Program Federal Grant Award of $166,000 and appropriate the funds for the purchase of equipment, supplies, and project overtime in support of the program.

RECOMMENDED ACTION:

That the City Council:
a. Authorize the acceptance of the State of California Office of the Traffic Safety Selective Traffic Enforcement Program Federal Award Grant number PT25157 of $166,000 for Local Law Enforcement Agencies.
b. Appropriate $166,000 of one-time money from the unappropriated General Fund Balance to the Police Department’s operating budget to be reimbursed from the State of California Office of Traffic Safety and increase the General Fund estimated revenue by the same amount for the program award.

c. Authorize the City Manager, or his designee, to execute any required grant documents that are in compliance with the City Council’s actions hereunder.

BACKGROUND & HISTORY:

The Office of Traffic Safety Selective Traffic Enforcement Program provides grant funding for specific projects that address the priorities of the Selective Traffic Enforcement Program. This program utilizes best practice strategies to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. Specific projects addressing these priorities include: driving under the influence saturation patrols, sobriety checkpoints, collaborative driving under the influence enforcement, traffic safety education including Drive for Life, distracted driving enforcement, traffic enforcement, bicycle and pedestrian enforcement, collaborative traffic enforcement, street racing and sideshow enforcement operations, and motorcycle safety enforcement.

The Police Department has successfully applied for funding from the State of California Office of Traffic Safety for the Selective Traffic Enforcement Program for Local Law Enforcement Agencies.

ANALYSIS:

This grant will support the Office of Traffic Safety’s priority program areas outlined above.

In addition, the City of Corona’s Police Department will participate in and report data for various campaigns, such as the Distracted Driving Awareness Month in April 2025 and participate in the statewide Click It or Ticket mobilization period in May 2025.

The grant will also provide some DUI checkpoint equipment and supplies and authorizes training costs. The training funding will allow four officers to attend Standardized Field Sobriety Testing (SFST) and Advanced Roadside Impaired Driving Enforcement (ARIDE) classes. One officer is authorized to attend the Drug Recognition Expert (DRE) Training, and one officer will attend the DRE Recertification training.

The grant is a one-time award for General Fund reimbursement of equipment, designated training, and project overtime in support of the program. The grant performance period is from October 1, 2024, to September 30, 2025.

The City Attorney has reviewed and approved as to form the proposed Grant Agreement.

FINANCIAL IMPACT:

Approval of the recommended actions will result in an appropriation of $166,000 from the unappropriated General Fund Balance to the Police Department’s operating budget to be reimbursed from the State of California Office of Traffic Safety and an increase in General Fund estimated revenues by the same amount for the program award. Expenditures will be reimbursed to the General Fund after submitting the quarterly claim amounts in that period. There is no cash match requirement. Any remaining budget from Fiscal Year 2025 will carry forward into Fiscal Year 2026.

Police Department
Estimated Overtime Enforcement $151,723
Training $ 3,394
DUI Equipment and Supplies $ 10,883
Total $166,000
ENVIRONMENTAL ANALYSIS:

This action is exempt pursuant to Section 15061(b)(3) of the Guidelines for the California Environmental Quality Act (CEQA), which states that a project is exempt from CEQA if the activity is covered by the common sense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. This action of direct enforcement is minimal and there is no possibility this will have a significant effect on the environment. Therefore, no environmental analysis is required.

PREPARED BY: AMANDA ANDRADE, MANAGEMENT ANALYST II
REVIEWED BY: ROBERT NEWMAN, CHIEF OF POLICE
ATTACHMENTS:

1. Exhibit 1 – State of California Office of Traffic Safety Grant Agreement PT25157

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State of California Office of Traffic Safety

GRANT AGREEMENT

GRANT NUMBER
PT25157

1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)

2. NAME OF AGENCY 3. Grant Period
Corona From:

To:
10/01/2024
09/30/2025 4. AGENCY UNIT TO ADMINISTER GRANT
Corona Police Department

5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect. In addition, the department will participate in community collaboration and engagement activities to engage in conversations regarding traffic safety with the community members.

6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $166,000.00

7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:

Schedule A Problem Statement, Goals and Objectives and Method of Procedure Schedule B Detailed Budget Estimate and Sub-Budget Estimate (if applicable) Schedule B-1 Budget Narrative and Sub-Budget Narrative (if applicable) Exhibit A Certifications and Assurances
Exhibit B* OTS Grant Program Manual
Exhibit C Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto.

These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov. We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Ryan Brett
Sergeant
[email protected]
(951) 739-4885
730 Public Safety Way
Corona, CA 92878-4002
ADDRESS: Robert Newman
Police Chief
[email protected]
(951) 817-5787
730 Public Safety Way
Corona, CA 92878-4002
{{_es_signer2_signature}} {{_es_signer2_date}} {{_es_signer4_signature}} {{_es_signer4_date}} (Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY ADDRESS: Amanda Andrade
Management Analyst II
[email protected]
(951) 736-2334
730 Public Safety Way
Corona, CA 92878-4002
ADDRESS: Barbara Rooney
Director
[email protected]
(916) 509-3030
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
{{_es_signer3_signature}} {{_es_signer3_date}} {{_es_signer6_signature}} {{_es_signer6_date}} (Signature) (Date) (Signature) (Date)

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E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu SAM #:

REGISTERED
ADDRESS:

CITY:

ZIP+4:

JCVFXGCJ8BK8
400 S Vicentia Avenue
Corona
92882-2187
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758

10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED

EXPENDITURES
402PT-25.1 20.600 0521-0890-101 2023 12/23 BA/23 $13,779.00 1906-25.1 20.611 0521-0890-101 2023 12/23 BA/23 $2,153.00 164AL-25.1 20.608 0521-0890-101 2023 12/23 BA/23 $19,807.00 402PT-25 20.600 0521-0890-101 2024 22/24 BA/24 $50,221.00 1906-25 20.611 0521-0890-101 2024 22/24 BA/24 $7,847.00 164AL-25 20.608 0521-0890-101 2024 22/24 BA/24 $72,193.00

AGREEMENT
TOTAL $166,000.00

AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$166,000.00

PRIOR AMOUNT ENCUMBERED FOR THIS

AGREEMENT
$ 0.00

OTS DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE
{{_es_signer5_signature}} {{_es_signer5_date}} $166,000.00

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State of California Office of Traffic Safety

GRANT AGREEMENT
Schedule A

GRANT NUMBER
PT25157

1. PROBLEM STATEMENT
As of the 2021 United States Census Bureau data, the population of the City of Corona stands at 159,377.

This reflects a growth of approximately 21.3%, equivalent to an increase of around 30,000 residents since 2000. Over the past two decades, the rise in population within Corona and the surrounding areas has been linked to an uptick in crashes involving vehicles, bicycles, and pedestrians across the city.

One contributing factor to this increase in population and subsequent traffic incidents is the City of Corona's central location, coupled with convenient access via Interstate 15 and State Route 91. Additionally, State Route 71 borders the city to the west. Residents from Corona and neighboring communities, located to the east and south, often commute to and from Orange County, Los Angeles County, San Diego County, and San Bernardino County. This strategic central position and affordable housing have made Corona an attractive option for working-class families.

Notably, the City of Corona has a historical record of ranking among the worst in the state and nation in commute times, averaging around 37 minutes each way, as reported by the United States Census Bureau in 2020. Moreover, the city experiences pass-through traffic, where main corridor roadways are utilized to bypass State Route 91 and Interstate 15, exacerbating the existing traffic issues.

In terms of geographical scope, the City of Corona spans a total area of 39.2 square miles.

Despite the recent completion of major improvement projects aimed at widening the 91 and 15 freeways as they pass through Corona, persistent traffic issues persist. The challenges stem from the ongoing growth in the regional population, leading to an overwhelming volume of commuter traffic that the freeway infrastructure struggles to accommodate.

One notable project completed in 2023 is the 15/91 Express Lanes Connector, designed to enhance connectivity in the area.

Addressing a different concern, the McKinley Street grade separation project commenced in 2022 to alleviate the daily inconvenience caused by train crossings. The construction spans from the SR-91 interchange on the north side to Magnolia Avenue on the south side, with a projected completion date in 2024. Commuters should anticipate significant traffic impacts during the construction period.

Another critical project is the 71/91 Interchange, serving as a crucial gateway between Riverside, Orange, and San Bernardino Counties. This initiative involves replacing the existing single-lane loop connector between eastbound 91 and northbound 71 with a new, two-lane, direct connector ramp. Additionally, it includes the construction of an eastbound 91 auxiliary lane and realigning on-ramps and roadways to improve access. Full shutdowns of the 91 freeway will be necessary for this project, which is scheduled for completion in 2025.

In light of the ongoing construction and escalating commuter traffic, distracted driving has been a noticeable increase. Drivers resorting to social media apps like Google Maps and Waze to navigate through the city often neglect traffic control devices and signs. This rise in distracted driving is not exclusive to Corona but is a pervasive issue across the nation, contributing to an uptick in traffic crashes involving distracted drivers.

During the last 5-year period ending in 2023, Corona experienced 2,087 injury traffic crashes from 2,217 during the previous five-year period ending in 2018 (it should be noted that due to the calendar year 2023 just finishing, there may be crashes not completed or entered into the system yet). In that same five-year period, Corona experienced 39 fatal traffic crashes versus 26 ending in 2018. This is a 50% increase in fatalities in 2023 compared to the previous 5-year period.

Alcohol continues to be a problem, with 15 of the 39 fatal crashes in the past five years being alcoholrelated. Alcohol and drug-related traffic crashes continue to be a significant matter in the City of Corona.

There were about 514 crashes between 2019 and 2023 where alcohol and/or drugs were involved, with

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approximately 228 causing injury and 18 fatalities (total crashes decreased while injury crashes remained equivalent, and fatalities increased). While our efforts have had an impact, alcohol/drug-related crashes continue to account for 46% of fatalities.

Pedestrian, bicycle, and motorcycle-related crashes continue to be a concern in Corona. Between 2019 and 2023, there were 466 total crashes involving pedestrians (203), bicycles (120), and motorcycles (143).

During the same time period, injuries were sustained in 196 pedestrians, 105 bicycle, and 116 motorcycle crashes. There were ten pedestrians, two bicycle and ten motorcycle fatalities. In the previous 5-year period ending in 2018, there were only small changes in the number of crashes (an increase of 23) and injuries (an increase of 35) and an increase in fatalities (10). Between 2018 and 2023, there was a slight increase in pedestrian injury crashes (from 190 to 196), a decrease in bicycle injury crashes (from 120 to 105), and an increase in motorcycle injury crashes (from 52 to 116).

2. PERFORMANCE MEASURES
A. Goals:

1. Reduce the number of persons killed in traffic crashes.

2. Reduce the number of persons injured in traffic crashes.

3. Reduce the number of pedestrians killed in traffic crashes.

4. Reduce the number of pedestrians injured in traffic crashes.

5. Reduce the number of bicyclists killed in traffic crashes.

6. Reduce the number of bicyclists injured in traffic crashes.

7. Reduce the number of persons killed in alcohol-involved crashes.

8. Reduce the number of persons injured in alcohol-involved crashes.

9. Reduce the number of persons killed in drug-involved crashes.

10. Reduce the number of persons injured in drug-involved crashes.

11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.

12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.

13. Reduce the number of motorcyclists killed in traffic crashes.

14. Reduce the number of motorcyclists injured in traffic crashes.

15. Reduce hit & run fatal crashes.

16. Reduce hit & run injury crashes.

17. Reduce nighttime (2100 - 0259 hours) fatal crashes.

18. Reduce nighttime (2100 - 0259 hours) injury crashes.

B. Objectives: Target Number

1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 7 days prior to the issuance date of the release.
1 2. Participate and report data (as required) in the following campaigns; Quarter 1:

National Pedestrian Safety Month, National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: National Speed Prevention Campaigns, NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
12 3.
and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 12 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 4 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 4 6. Send law enforcement personnel to the Drug Recognition Expert (DRE) training (classroom and field training must be completed).
1

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7. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.
6 8. Conduct DUI Saturation Patrol operation(s). 23

9. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
22 10. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
10 11. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers. 7 12. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 7 13. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
2 14. Participate in highly visible collaborative DUI Enforcement operations. 3

15. Participate in highly visible collaborative Traffic Enforcement operations. 3

16. Send law enforcement personnel to DUI Checkpoint Planning and Management training.
1 17. Conduct specialized enforcement operations focusing specifically on street racing and sideshow activities.
2 18. Participate in community collaboration and engagement activities to engage in conversations regarding traffic safety to both share information and receive input from the community members.
12 3. METHOD OF PROCEDURE
A. Phase 1 Program Preparation (1st Quarter of Grant Year) outlined in the objectives section.

All training needed to implement the program should be conducted in the first quarter.

All grant related purchases needed to implement the program should be made in the first quarter. license as a result of DUI
description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly.

Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.

Media Requirements:

Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS grant coordinator and OTS PIO.

B. Phase 2 Program Operations (Throughout Grant Year)

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The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes.

Media Requirements
The following requirements are for all grant-related activities:

Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.

Send all Powerpoint presentations, online presentations and trainings for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Certified training courses are EXEMPT from the approval process.

The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the OTS grant coordinator.

Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material.

However, copy the OTS PIO at [email protected] and your OTS grant coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.

If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy to your OTS grant coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.

Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your OTS grant coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).

Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your OTS grant coordinator with embargoed date and time or

Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at [email protected] for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.

Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.

Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS grant coordinator for approval prior to the production or duplication.

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Use the following standard language in all press, media, and printed materials, space permitting:

Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.

Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS grant coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.

Email the OTS PIO at [email protected] and copy your OTS grant coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.

If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grantrelated event or program. Media and program highlights are to be reflected in QPRs.

Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received OTS PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.

For additional guidance, refer to the OTS Grants Materials Approval Process Guidelines and OTS Grants Media Approval Process FAQs on the OTS website.

Contact the OTS PIO or your OTS grant coordinator for consultation when changes from any of the above requirements might be warranted.

C. Phase 3 Data Collection & Reporting (Throughout Grant Year)

1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)

2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
Collect and report quarterly, appropriate data that supports the progress of goals and objectives.

Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.

Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.

Collect, analyze and report statistical data relating to the grant goals and objectives.

4. METHOD OF EVALUATION
the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.

5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.

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State of California Office of Traffic Safety

GRANT AGREEMENT
Schedule B

GRANT NUMBER
PT25157

FUND NUMBER CATALOG

NUMBER (CFDA)

FUND DESCRIPTION TOTAL AMOUNT
1906-25 20.611 Racial Profiling Prohibition Grants $10,000.00 402PT-25 20.600 State and Community Highway
Safety
$64,000.00
164AL-25 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$92,000.00

COST CATEGORY FUND
NUMBER

UNIT COST OR
RATE

UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164AL-25 $9,500.00 6 $57,000.00
DUI Saturation Patrols 164AL-25 $1,200.00 23 $27,600.00 Collaborative DUI Enforcement 164AL-25 $950.00 3 $2,850.00 Benefits- 164OT @ 3.05% 164AL-25 $87,450.00 1 $2,667.00 Traffic Enforcement 402PT-25 $950.00 22 $20,900.00
Distracted Driving 402PT-25 $950.00 10 $9,500.00
Motorcycle Safety 402PT-25 $950.00 7 $6,650.00
Pedestrian and Bicycle Enforcement 402PT-25 $950.00 7 $6,650.00 Collaborative Traffic Enforcement 402PT-25 $950.00 3 $2,850.00 Street Racing and Sideshow Enforcement
Operations
402PT-25 $950.00 2 $1,900.00
Traffic Safety Educational Presentations 402PT-25 $800.00 2 $1,600.00 Benefits- 402OT @ 3.05% 402PT-25 $51,000.00 1 $1,556.00 Community Collaboration Engagement 1906-25 $808.00 12 $9,696.00 Benefits- 1906OT @ 3.05% 1906-25 $9,960.00 1 $304.00
Category Sub-Total $151,723.00
B. TRAVEL EXPENSES
In State Travel 402PT-25 $3,394.00 1 $3,394.00
$0.00
Category Sub-Total $3,394.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies 164AL-25 $1,883.00 1 $1,883.00
Lidar Device 402PT-25 $3,000.00 3 $9,000.00
Category Sub-Total $10,883.00
F. INDIRECT COSTS
$0.00

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Category Sub-Total $0.00
GRANT TOTAL $166,000.00

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State of California Office of Traffic Safety

GRANT AGREEMENT
Schedule B-1

GRANT NUMBER
PT25157

BUDGET NARRATIVE

PERSONNEL COSTS
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Collaborative DUI Enforcement - Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel
Benefits- 164OT @ 3.05% - Benefit breakdown:

Medicare 3%
Unemployment .05%
Total Benefits: 3.05%
Claimed amounts must reflect actual benefit costs for overtime hours charged to the grant.

Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Motorcycle Safety - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Collaborative Traffic Enforcement - Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appropriate department personnel
Street Racing and Sideshow Enforcement Operations - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Traffic Safety Educational Presentations - Overtime for grant funded traffic safety educational presentations conducted by appropriate department personnel.

Benefits- 402OT @ 3.05% - Benefit breakdown:

Medicare 3%
Unemployment .05%
Total Benefits: 3.05%
Claimed amounts must reflect actual benefit costs for overtime hours charged to the grant.

Community Collaboration Engagement - Overtime for grant funded community collaborative engagement conducted by appropriate department personnel.

Benefits- 1906OT @ 3.05% - Benefit breakdown:

Medicare 3%
Unemployment .05%
Total Benefits: 3.05%
Claimed amounts must reflect actual benefit costs for overtime hours charged to the grant.

TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include Lifesavers March 2025 and OTS Traffic Safety Law Enforcement Forum 2025. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.

CONTRACTUAL SERVICES
-

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EQUIPMENT
-OTHER DIRECT COSTS
DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device/Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies.

Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. Each item must have a unit cost of less than $5,000 (including tax and shipping).

Lidar Device - Light detection and ranging device used to measure the speed of motor vehicles. This device will be used for speed enforcement. Costs may include lidar devices, batteries, tax, and shipping.

INDIRECT COSTS
-STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant. enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.

The OTS grant funded activities must be separate from the CHP Cannabis Tax Fund Grant Program activities and maintained under separate accounting/tracking/other codes (example: the same DUI checkpoint may not be funded by both the CHP and the OTS).

Benefits for personnel costs can only be applied to straight time or overtime hours charged to the grant.

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State of California Office of Traffic Safety

GRANT AGREEMENT
Exhibit A

GRANT NUMBER
PT25157
Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117-58) The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following:

GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:
23 U.S.C. Chapter 4 Highway Safety Act of 1966, as amended; Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58; 23 CFR part 1300 Uniform Procedures for State Highway Safety Grant Programs; 2 CFR part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; 2 CFR part 1201 Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Programs of the Department of Transportation Effectuation of Title VI of the Civil Rights Act of 1964); 28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964); The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27;
The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition aid
recipients, subrecipients and contractors, whether such programs or activities are Federally-funded or not); Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38;
Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (preventing discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations);
Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency (LEP));
Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government (advancing equity across the Federal Government); and Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation).

The preceding

GENERAL ASSURANCES

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In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
be denied
the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.

SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:

1. 49 CFR part 21
will be (with regard to an facilitated,
in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.

2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
t. 252, 42
U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin

3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred in every contract or agreement subject to the Acts and the Regulations.

4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.

5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.

6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.

7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.

8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property.

9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.

10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance.

By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub-recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review

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upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.

THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition;
b. Establishing a drug-free awareness program to inform employees about:

1. The dangers of drug abuse in the workplace;

2. The grantee's policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation, and employee assistance programs;

4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;

5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a);
c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will

1. Abide by the terms of the statement;

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction;
d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction;
e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted

1. Taking appropriate personnel action against such an employee, up to and including termination;

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.

POLITICAL ACTIVITY (HATCH ACT)
(applies to all subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)

CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, with its instructions;

3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

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This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities official
whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)

INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES)

1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.

4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled Ineligibility and Voluntary Exclusion Lower Tier Covered provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/).

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS

PRIMARY TIER COVERED TRANSACTIONS

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1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.

INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled Ineligibility and Voluntary Exclusion tier covered
transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website ( https://www.sam.gov/).

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION

LOWER TIER COVERED TRANSACTIONS
The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

10/16/2024 12:05:26 PM Page 18 of 21
Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

BUY AMERICA
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.

CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)

GENERAL REQUIREMENTS
No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:

1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts.
b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.

2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.

DISCLOSURE REQUIREMENTS
No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:

1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.

2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.

3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.

PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.

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POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.

POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving companyowned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

10/16/2024 12:05:26 PM Page 20 of 21

INSTRUCTIONS FOR ADDING OR UPDATING GEMS USERS

1. Each agency is allowed a total of FIVE (5) GEMS Users. 2. GEMS Users listed on this form will be authorized to login to GEMS to complete and submit Quarterly Performance Reports (QPRs) and reimbursement claims.

3. Complete the form if adding, removing or editing a GEMS user(s).

4. The Grant Director must sign this form and return it with the Grant Agreement.

CURRENT GEMS USER(S)

1. Amanda Andrade
Title: Management Analyst II Media Contact: No
Phone: (951) 736-2334
Email: [email protected]

2. Ryan Brett
Title: Sergeant Media Contact: No
Phone: (951) 739-4885
Email: [email protected]

3. LaShayla Jones
Title: Accounting/Grants Specialist Media Contact: No
Phone: (951) 736-2337
Email: [email protected]

4. Linda McCullough
Title: Accounting/Grant Specialist Media Contact: No
Phone: (951) 736-2337
Email: [email protected]
State of California Office of Traffic Safety
OTS-55 Grant Electronic Management System (GEMS) Access Exhibit C

GRANT NUMBER
PT25157

GRANT DETAILS
Grant Number: PT25157
Agency Name: Corona Police Department
Grant Title: Selective Traffic Enforcement Program (STEP) Agreement Total: $166,000.00
Authorizing Official: Robert Newman
Fiscal Official: Amanda Andrade
Grant Director: Ryan Brett

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Complete the below information if adding, removing or editing a GEMS user(s) GEMS User 1
Add/Change {{[]c11_es_:signer1}} Remove Access {{[] c12_es_:signer1}} Add as a media contact? Yes {{[]c1_es_:signer1}} No{{[]c2_es_:signer1}} {{UserName1_es_:signer1 }} {{UserTitle1_es_:signer1 }}
Name Job Title
{{UserEmail1_es_:signer1 }} {{UserPhone1_es_:signer1 }} Email address Phone number
GEMS User 2
Add/Change {{[]c13_es_:signer1}} Remove Access {{[]c14_es_:signer1}} Add as a media contact? Yes {{[]c3_es_:signer1}}No {{[]c4_es_:signer1}} {{UserName2_es_:signer1 }} {{UserTitle2_es_:signer1 }}
Name Job Title
{{UserEmail2_es_:signer1 }} {{UserPhone2_es_:signer1 }} Email address Phone number
GEMS User 3
Add/Change {{[]c15_es_:signer1}} Remove Access {{[]c16_es_:signer1}} Add as a media contact? Yes {{[]c5_es_:signer1}}No {{[]c6_es_:signer1}} {{UserName3_es_:signer1 }} {{UserTitle3_es_:signer1 }}
Name Job Title
{{UserEmail3_es_:signer1 }} {{UserPhone3_es_:signer1 }} Email address Phone number
GEMS User 4
Add/Change {{[]c17_es_:signer1}} Remove Access {{[]c18_es_:signer1}} Add as a media contact? Yes {{[]c8_es_:signer1}}No {{[]c7_es_:signer1}} {{UserName4_es_:signer1 }} {{UserTitle4_es_:signer1 }}
Name Job Title
{{UserEmail4_es_:signer1 }} {{UserPhone4_es_:signer1 }} Email address Phone number
GEMS User 5
Add/Change {{[]c19_es_:signer1}} Remove Access {{[]c20_es_:signer1}} Add as a media contact? Yes {{[]c9_es_:signer1}}No {{[]c10_es_:signer1}} {{UserName5_es_:signer1 }} {{UserTitle5_es_:signer1 }}
Name Job Title
{{UserEmail5_es_:signer1 }} {{UserPhone5_es_:signer1 }} Email address Phone number
Form completed by: {{Sig_es_:signer1:signature}} Date: {{Dte1_es_:signer1:date}} As a signatory I hereby authorize the listed individual(s) to represent and have GEMS user access. {{Sig_es_:signer2:signature}} {{Name1_es_:signer2:fullname }} Signature Name
{{Dte2_es_:signer2:date}} Grant Director
Date Title

DATE: 11/06/2024
TO: Honorable Mayor and City Council Members
FROM: Fire Department
2024-110

REQUEST FOR CITY COUNCIL ACTION
SUBJECT:

PROFESSIONAL SERVICES AGREEMENT WITH JACOB GREEN AND ASSOCIATES, INC. IN THE AMOUNT OF $148,450 FOR REQUEST FOR PROPOSALS (RFP) NO. 25- 007AS PROFESSIONAL CONSULTING SERVICES – SPECIAL OPERATIONS TEAM:

CONTINUITY OF OPERATIONS IN RIVERSIDE AND SAN BERNARDINO COUNTIES

FOR THE CITY OF CORONA
EXECUTIVE SUMMARY: This staff report seeks to ask the City Council to award Request for Proposals No. 25-007AS to Jacob Green and Associates, Inc., for professional consulting services in the creation of a Special Weapons and Tactics (SWAT) and Hazardous Materials (Haz Mat) Team Incident Response Integration Standard Operation Procedure (SOP) with Fiscal Year 2022 United States Department of Homeland Security Grant Program funds that were accepted and appropriated on December 06, 2023.

RECOMMENDED ACTION:

That the City Council:
a. Award Request for Proposals No. 25-007AS to Jacob Green and Associates, Inc., for professional consulting services in the creation of a Special Weapons and Tactics (SWAT) and Hazardous Materials (Haz Mat) Team Incident Response

Integration Standard Operation Procedure (SOP) with Fiscal Year 2022 United States Department of Homeland Security Grant Program funds. b. Approve the Professional Services Agreement with Jacob Green and Associates, Inc. in the amount of $148,450.
c. Authorize the City Manager, or his designee, to issue a Purchase Order to Jacob Green and Associates, Inc. in the amount of $148,450.
d. Authorize the City Manager, or his designee, to execute the Professional Services Agreement with Jacob Green and Associates, Inc., in the amount of $148,450, including any purchase orders, non-substantive extensions, change orders, and amendments up to the amount authorized by Corona Municipal Code Section

3.08.070 (I), which is equivalent to 10% or $14,845.

BACKGROUND & HISTORY:

The City of Corona was awarded the Fiscal Year (FY) 2022 United States Department of Homeland Security grant in the amount of $150,000. On December 06, 2023, the City Council accepted, appropriated, and increased estimated revenues in the amount of $150,000 in the General Fund for the Fire Department to support the Corona Fire and Police Departments and its regional Hazardous Material (Haz Mat) Response and Special Weapons and Tactics (SWAT) Teams. The Department of Homeland Security Grant Program provides funding opportunities to support states and local governments in enhancing and sustaining emergency management capabilities in preparing for hazards that a community might face.

The sub-grant is administered to local jurisdictions is through the California Office of Emergency Services in cooperation with the Riverside Urban Areas Security Initiative (UASI). The Riverside UASI plays a role in bolstering homeland security capabilities in Riverside County through critical investment in initiatives, programs, equipment, and training. In Riverside County, numerous fire department Hazardous Materials (Haz Mat) Response Teams work collaboratively to ensure the effective handling of hazardous situations. These teams are part of the Countywide Haz Mat Operations Group (CHOG), enhancing their collective response capabilities to chemical, biological, radiological, nuclear, and explosive threats. The CHOG in Riverside County focuses on strengthening response capabilities to hazardous materials incidents and emergencies.

Additionally, multiple law enforcement agencies have Special Weapons and Tactics (SWAT) and specialized response teams in Riverside County. These teams are integral to law enforcement operations and play a crucial role in maintaining public safety and responding to high-risk situations.

ANALYSIS:

On August 12, 2024, the City issued a Request for Proposals (RFP) NO. 25-007AS for the Professional Consulting Services – Special Operations Team Continuity of Operations in Riverside and San Bernardino Counties. The bid was posted on the City’s bidding portal, Planet Bids, pursuant to Corona Municipal Code Section 3.08.110 non-public projects formal bidding procedure. Three (3) Requests for Information (RFI) were received by the RFI deadline of August 22, 2024. The City issued an addendum on August

26, 2024 to respond to the RFIs received. A total of 274 vendors were notified of the RFP opportunity, 24 vendors downloaded the RFP document file, and one (1) proposal was received through the PlanetBids bidding service by the September 19, 2024, RFP deadline.

The following is a summary of the proposal evaluation results:

Consultant Location Evaluation Ranking
Jacob Green and
Associates, Inc.

Tustin, CA. 1
Due to the collaborative process and nature of addressing the interoperability and continuity of special operations throughout Riverside County that will be heavily addressed in the SOP, there were five (5) total evaluators, all from various neighboring agencies with Fire and Police subject matter experts.

The primary factors in the evaluation analysis were (1) Completeness of Response, (2) Qualifications of Firm, (3) Qualifications of Personnel and Experience with Similar Work, and (4) Work Plan and Project Understanding and Approach presented in their proposal.

Staff recommends that the firm, Jacob Green and Associates, Inc., be retained to perform the consulting services. Based on the proposal evaluation analysis, Jacob Green and Associates’ team possesses the skills and experience necessary to execute the SOP for the grant project successfully.

FINANCIAL IMPACT:

On December 06, 2023, the City Council accepted and appropriated $150,000 from the General Fund 110 for the FY 2022 U.S. Department of Homeland Security Grant Program award. The General Fund 110 estimated revenue was increased by $150,000 to reflect the grant funding.

The proposed tasks/milestones for the SOP are outlined as follows:

Tasks/Milestones Cost
Phase I: Project Initiation and Resource
Allocation
$32,800
Phase II: Analysis and Planning $53,000
Phase III: Plan Development $28,600
Phase IV: Plan Finalization $23,800
Phase V: Project Closeout $10,250
Total Fixed-Fee $148,450
ENVIRONMENTAL ANALYSIS:

This action is exempt pursuant to Section 15061(b)(3) of the Guidelines for the California Environmental Quality Act (CEQA), which states that a project is exempt from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Therefore, no environmental analysis is required.

PREPARED BY: VIOLA VAN, MANAGEMENT ANALYST II
REVIEWED BY: BRIAN YOUNG, FIRE CHIEF
ATTACHMENTS:

1. Exhibit 1 – Professional Services Agreement with Jacob Green and Associates, Inc. (Partially Executed)

2. Exhibit 2 - RFP NO. 25-007AS Professional Consulting Services – Special Operations Team: Continuity of Operations in Riverside and San Bernardino Counties for the City of Corona

3. Exhibit 3 - Jacob Green and Associates, Inc. - Proposal

4. Exhibit 4 - Jacob Green and Associates, Inc. - Fee Proposal

5. Exhibit 5 - Appendix A – Grant Agreement Documents

6. Exhibit 6 – Addendum RFP No. 25-007AS Professional Consulting Services

CA\DD\02000.50101\1401461.15 (CITY ATTY: 05-19)

CITY OF CORONA

PROFESSIONAL SERVICES AGREEMENT
WITH JACOB GREEN AND ASSOCIATES, INC.
(PROFESSIONAL CONSULTING SERVICES - SPECIAL OPERATIONS TEAM:

CONTINUITY OF OPERATIONS IN RIVERSIDE AND SAN BERNARDINO COUNTIES, RFP 25-007AS)

1. PARTIES AND DATE.

This Agreement is made and entered into this 6th day of November, 2024 (“Effective Date”) by and between the City of Corona, a municipal corporation organized under the laws of the State of California with its principal place of business at 400 South Vicentia Avenue, Corona, California 92882 (“City”) and Jacob Green and Associates, Inc., a California corporation with its principal place of business at 13217 Jamboree Rd., #248, Tustin, CA 92782 (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement.

Consultant represents that it is experienced in providing professional consulting services for special operations continuity of operations to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such services for the Special Operations Team:

Continuity of Operations in Riverside and San Bernardino Counties, RFP 25-007AS project (“Project”) as set forth in this Agreement.

2.3 Corona Utility Authority.

Consultant understands that the City has entered into a Water Enterprise Management Agreement and a Wastewater Enterprise Management Agreement, both dated as of February 6, 2002, with the Corona Utility Authority (“CUA”) for the maintenance, management and operation of those utility systems (collectively, the “CUA Management Agreements”). To the extent that this Agreement is deemed to be a "material contract" under either of the CUA Management Agreements, City enters into this Agreement on behalf of the CUA and subject to the terms of the applicable CUA Management Agreement(s).

3. TERMS.

3.1 Scope of Services and Term.











 

 








 


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3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the Professional Consulting Services for Special Operations Team Continuity of Operations in Riverside and San Bernardino Counties necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules, and regulations.

3.1.2 Term. The term of this Agreement shall be from November 6, 2024 to June 30, 2025 (“Term”), unless earlier terminated as provided herein. Consultant shall complete the Services within the Term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the Term of this Agreement one or more times by executing a written amendment pursuant to Section 3.6.8 below (each a “Renewal Term”). The terms “Term” and “Renewal Term” may sometimes be generally and collectively referred to as “Term” in this Agreement.

3.2 Responsibilities of Consultant.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Consultant retains the right to perform similar or different services for others during the Term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.2.2 Schedule of Services. Consultant shall perform the Services within the Term of this Agreement, in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference, and in accordance with any other completion schedule or milestones which may be separately agreed upon in writing by the Parties. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant’s conformance with the Schedule, City shall respond to Consultant’s submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements. All Services performed by Consultant shall be subject to the approval of City.

3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one 










 

 








 


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or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City.

The key personnel for performance of this Agreement are as follows: Jacob Green, Dave Brown, Brad Kaylor, Randy Black and Randall Sterett.

3.2.5 City’s Representative. The City hereby designates Brian Young, Fire Chief, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.6 Consultant’s Representative. Consultant hereby designates Brian Young, or his or her designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.

3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant agrees that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the Term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.











 

 








 


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3.2.9 Laws and Regulations; Employee/Labor Certifications. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work or Services knowing them to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.9.1 Employment Eligibility; Consultant. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant.

Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the Term of the Agreement. Consultant shall avoid any violation of any such law during the Term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant’s compliance with the requirements provided for in Section 3.2.9 or any of its subsections.

3.2.9.2 Employment Eligibility; Subcontractors, Consultants, Subsubcontractors and Subconsultants. To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub-subcontractors and subconsultants performing any work or Services relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section

3.2.9.1. 3.2.9.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, subsubcontractors or subconsultants to meet any of the requirements provided for in Sections 3.2.9.1 or 3.2.9.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section 3.2.9.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.











 

 








 


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3.2.9.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.2.9.5 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.2.9.6 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Consultant shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuelpowered engine. Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.

3.2.10 Insurance.

3.2.10.1 Time for Compliance. Promptly following the Effective Date of this Agreement, but in no event before Consultant commences any Services under this Agreement, Consultant shall provide evidence satisfactory to the City that it has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.

3.2.10.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subconsultants.

Consultant shall also require all of its subconsultants to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:











 

 








 


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Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 minimum; per occurrence for bodily injury, personal injury, advertising injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability:
$1,000,000 minimum; per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 minimum; per accident for bodily injury or disease.

3.2.10.3 Professional Liability. Consultant shall procure and maintain, and require its sub-consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.

3.2.10.4 Insurance Endorsements. The insurance policies shall contain or be endorsed (amended) to include the following provisions:
(A) General Liability. The general liability policy shall state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to liability arising out of work or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection therewith (the endorsement form shall be at least as broad as ISO Form CG 20 10 11 85 or both CG 20 37 and one of the following: CG 20 10, CG 20 26, CG 20 33 or CG 20 38); and (2) the insurance coverage shall be primary insurance coverage as respects the City, its directors, officials, officers, employees, agents, and volunteers (the endorsement form shall be at least as broad as ISO CG 20 01 04 13). Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way.
(B) Waiver of Subrogation – Workers’ Compensation and
Employer’s Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work or Services performed by the Consultant. (C) All Coverages. If Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City is entitled to the broader coverage and/or higher limits maintained by Consultant. Thus, any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. 










 

 








 


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3.2.10.5 Other Provisions; Endorsements Preferred. Consultant shall endeavor to provide endorsements regarding the following provisions, but nonetheless understands, acknowledges and agrees that the following provisions shall apply and that failure to comply shall be considered to be a breach of this Agreement by Consultant:
(A) Waiver of Subrogation – All Other Policies. Consultant hereby waives all rights of subrogation any insurer of Consultant’s may acquire against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of any insurance policy which arise from work or Services performed by the Consultant.

Consultant understands, acknowledges and agrees that this provision is in full force and effect even if the City does not receive a waiver of subrogation endorsement from the insurer. (B) Notice. Consultant shall either: (1) require its insurer to provide thirty (30) days prior written notice to the City before coverage is suspended, voided, or canceled; or (2) notify City in writing that such notice is not available and forward any notice of such actions to the City within two (2) business days from date of receipt by Consultant. Consultant understands, acknowledges and agrees that this provision is in full force and effect even if the City does not receive a waiver of subrogation endorsement from the insurer.

3.2.10.6 Claims Made Policies. The following provisions shall apply to all policies that provide coverage on a claims-made basis: (A) the retroactive date must be shown and must be before the date on which any Services under this Agreement commence; (B) the insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Project; and (C) if coverage is canceled or not renewed and is not replaced with another claims-made policy with a retroactive date prior to the date on which any Services under this Agreement commence, Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Project.

3.2.10.7 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigation, claims administration and defense expenses within the deductible or self-insured retention. The deductible or self-insured retention may be satisfied by either the named insured or the City.

3.2.10.8 Acceptability of Insurers. Unless under the circumstances a different rating is otherwise acceptable to the City in its sole and absolute discretion, insurance is to be placed with insurers which are satisfactory to the City and which meet either of the following criteria : (1) an insurer with a current A.M. Best’s rating no less than A-:VII and licensed as an admitted insurance carrier in California; or (2) an insurer with a current A.M. Best’s rating no less than A-:X and authorized to issue the required policies in California.

3.2.10.9 Verification of Coverage. Consultant shall furnish City with original certificates of insurance, as well as amendatory endorsements or copies of the applicable policy language effecting coverage required by this Agreement. All documents must be received and approved by the City before any Services commence; provided, however, that failure to obtain the required documents prior to the commencement of Services shall not waive Consultant’s 










 

 








 


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obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.2.10.10 Reporting of Claims. Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.

3.2.10.11 Sub-Consultants. All sub-consultants shall comply with each and every insurance provision of this Section 3.2.10. Consultant shall therefore not allow any sub-consultant to commence work on any subcontract to perform any part of the Services until it has provided evidence satisfactory to the City that the sub-consultant has secured all insurance required under this Agreement.

3.2.10.12 Special Risk or Circumstances. The City reserves the right, in its sole and absolute discretion, to modify the requirements of this Section 3.2.10, including limits, based on any of the following: (A) the nature of the risk of the Services; (B) the prior experience of the insured; (C) the rating or other quality or characteristic of the insurer; (D) any special or unique coverage issues; and (E) any other special or unique circumstances.

3.2.11 Safety. Consultant shall execute and maintain its work and Services so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Services and the conditions under which the Services are to be performed.

3.2.12 Payment Bond. The California Department of Industrial Relations (“DIR”) has communicated to the City that there is a possibility that a payment bond may be required for certain services provided in connection with a public works project. Since such a requirement is currently contrary to the industry standard for the services provided by Consultant under this Agreement and since there is no direct legal authority for this position, the City is not requiring Consultant to provide a payment bond at this time. However, the City hereby reserves the right to require the Consultant to obtain and provide a payment bond for some or all of the services provided by the Consultant under this Agreement.

If the City determines that a payment bond is required for the services pursuant to Civil Code Section 9550 or any other applicable law, rule or regulation, Consultant shall execute and provide to City a payment bond in an amount required by the City and in a form provided or approved by the City. In the event a payment bond is required, the City agrees to compensate Consultant for all documented direct costs incurred by Consultant for such payment bond. The Parties shall memorialize the terms of such additional compensation and any other terms and conditions associated with the payment bond in an amendment to this Agreement.

3.2.13 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, 










 

 








 


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proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.3 Fees and Payments.

3.3.1 Rates & Total Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation, including authorized reimbursements, shall not exceed One Hundred Forty-Eight Thousand Four Hundred Fifty Dollars ($148,450) (“Total Compensation”), without written approval of City’s Representative. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant.

The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 30 days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.4 Extra Work. At any time during the Term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

3.3.5 Prevailing Wages. Consultant is aware of the requirements of Chapter 1 (beginning at Section 1720 et seq.) of Part 7 of Division 2 of the California Labor Code, as well as Title 8, Section 16000 et seq. of the California Code of Regulations (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects.If the Services involve federal funds or otherwise require compliance with the Davis-Bacon Fair Labor Standards Act, the Consultant and its subconsultants shall comply with the higher of the state or federal prevailing wage rates, and the “Prevailing Wage Laws” shall be deemed to include such federal wages laws. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the Total Compensation is $1,000 or more, Consultant and its subconsultants shall fully comply with the Prevailing Wage Laws for their employees and any others to whom such laws are applicable. Consultant and its subconsultants shall also be responsible for any and all violations and fines imposed on them pursuant to the Prevailing Wage Laws. Pursuant to SB 854, which amended the Prevailing Wage Laws, this Agreement would also be subject to compliance monitoring and enforcement by the California Department of Industrial Relations (“DIR”). Beginning April 1, 2015, no consultant or subconsultant may be awarded this Agreement unless registered with the DIR pursuant to Labor Code Section 1725.5. The City will 










 

 








 


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report all necessary agreements to the DIR as required by the Prevailing Wage Laws. Consultant shall make copies of the prevailing rates of per diem wages 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 Consultant’s principal place of business and at the Project site. It is most efficient for the Consultant to obtain a copy of the prevailing wages in effect at the commencement of this Agreement from the website of the Division of Labor Statistics and Research of the DIR located at www.dir.ca.gov/dlsr/. In the alternative, Consultant may obtain a copy of the prevailing wages from the City’s Representative. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.3.6 Apprenticeable Crafts. If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works when Consultant employs workmen in an apprenticeable craft or trade. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Consultant.

3.4 Termination of Agreement.

3.4.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, as well as any authorized reimbursable expenses, and Consultant shall be entitled to no further compensation.

Consultant may not terminate this Agreement except for cause.

3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5 Ownership of Materials and Confidentiality.

3.5.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically, electronically or otherwise recorded or stored, which are prepared or caused to be prepared by 










 

 








 


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Consultant under this Agreement (“Documents & Data”). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City's express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of five (5) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. In addition, before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.5.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.

3.5.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or reuse of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

3.5.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.











 

 








 


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3.5.5 Confidentiality. All Documents & Data, either created by or provided to Consultant in connection with the performance of this Agreement, shall be held confidential by Consultant. All Documents & Data shall not, without the prior written consent of City, be used or reproduced by Consultant for any purposes other than the performance of the Services. Consultant shall not disclose, cause or facilitate the disclosure of the Documents & Data to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant that is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.6 General Provisions.

3.6.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective Parties at the following address, or at such other address as the respective Parties may provide in writing for this purpose:

Consultant:

Jacob Green and Associates, Inc.
13217 Jamboree Rd., # 248
Tustin, CA 92782
Attn: Jacob Green
City:

City of Corona
400 South Vicentia Avenue
Corona, CA 92882
Attn: Brian Young, Fire Department
Viola Van, Fire Department
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.6.2 Indemnification. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, to the extent arising out of, pertaining to, or incident to any alleged willful misconduct or negligent acts, errors or omissions of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all settlement amounts, expert witness fees and attorneys fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code 










 

 








 


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Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers.

3.6.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code Sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.

3.6.4 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.6.5 City’s Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.6.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.

3.6.6.1 Subconsultants; Assignment or Transfer. Consultant shall not subcontract any portion of the Services required under this Agreement, except as expressly authorized herein, without the prior written approval of the City. Subcontracts, if any, shall include a provision making them subject to all provisions of this Agreement. Consultant shall also not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to subcontract or take any other action not authorized herein shall be null and void, and any subconsultants, assignees, hypothecates or transferees shall acquire no right or interest by reason of such action.

3.6.6.2 Corona Utility Authority. To the extent that this Agreement is deemed to be a "material contract" under either of the CUA Management Agreements, Consultant has no right to terminate this Agreement, either with or without cause, based upon the existence or non-existence of either or both of the CUA Management Agreements. Therefore, if an applicable CUA Management Agreement expires or terminates for any reason, Consultant shall remain fully obligated to perform under this Agreement with the CUA or another third party contracted by the CUA for the maintenance, management and operation of the applicable utility system.

3.6.7 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term 










 

 








 


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referencing time, days or period for performance shall be deemed calendar days and not work days.

All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

3.6.8 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.6.9 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

3.6.10 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.6.6, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.6.11 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.6.12 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the Term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.6.13 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.6.14 Attorney’s Fees. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorney’s fees and all other costs of such action. 










 

 








 


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3.6.15 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.6.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.6.17 Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both Parties.

3.6.18 Federal Provisions. When funding for the Services is provided, in whole or in part, by an agency of the federal government, Consultant shall also fully and adequately comply with the provisions included in Exhibit “D” (Federal Requirements) attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.
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CITY’S SIGNATURE PAGE FOR

CITY OF CORONA

PROFESSIONAL SERVICES AGREEMENT
WITH JACOB GREEN AND ASSOCIATES, INC.
(PROFESSIONAL CONSULTING SERVICES - SPECIAL OPERATIONS TEAM:

CONTINUITY OF OPERATIONS IN RIVERSIDE AND SAN BERNARDINO COUNTIES, RFP 25-007AS)
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first written above.

CITY OF CORONA
By: _________________________
Brian Young
Fire Chief
Reviewed By: _________________________
Lee Shin
Emergency Services Manager
Reviewed By: _________________________
Viola Van
Management Analyst II
Reviewed By: _________________________
Yasmin Lopez
Purchasing Manager
Attest:_________________________
Sylvia Edwards
City Clerk, City of Corona, California











 

 








 


  Docusign Envelope ID: ED32DD5A-C43A-47FD-BA4B-384143462CA5

CA\DD\02000.50101\1401461.15
17 (CITY ATTY: 05-19)
CONSULTANT’S SIGNATURE PAGE FOR

CITY OF CORONA

PROFESSIONAL SERVICES AGREEMENT
WITH JACOB GREEN AND ASSOCIATES, INC.
(PROFESSIONAL CONSULTING SERVICES - SPECIAL OPERATIONS TEAM:

CONTINUITY OF OPERATIONS IN RIVERSIDE AND SAN BERNARDINO COUNTIES, RFP 25-007AS)
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first written above.

WITH JACOB GREEN AND ASSOCIATES, INC.
a California corporation
By: _________________________
Jacob Green
CEO/ Secretary











 

 








 


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CA\DD\02000.50101\1401461.15
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EXHIBIT “A”

SCOPE OF SERVICES
Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the provide various emergency management and public safety consulting services for the Special Operations Team: Continuity of Operations in Riverside and San Bernardino counties necessary for the Project. The Services are more particularly described herein.

1. PROJECT OVERVIEW
The project aims to provide professional consulting services for the Special Operations Team’s Continuity of Operations in Riverside and San Bernardino Counties. The focus is on enhancing the capabilities of Special Weapons and Tactics (SWAT), Hazardous Materials (HazMat) Response Teams, and Bomb Squads within the Riverside Urban Area Security Initiative (UASI) region.

2. PROJECT DELIVERABLE
Continuity of Operations Plan (CON OPS):

A comprehensive CON OPS document that outlines a structured approach to maintaining and enhancing special operations capabilities in Riverside and San Bernardino Counties. This document will serve as the primary deliverable, integrating various aspects of the project into a cohesive framework. The components listed below will be included in the CON OPS as support to the overall framework.

A. Incorporation of SWOT Analysis
B. Standard Operating Guideline (SOG) Recommendations
C. Identification of Areas for Future Enhancement and Evolution D. Implementation and Evaluation Framework

3. PROJECT OBJECTIVES

1. Ensure the participation and collaboration of regional special operations teams.

2. Conduct a SWOT analysis to identify strengths, weaknesses, opportunities, and threats.

3. Recommend Standard Operating Guidelines (SOG) to improve interoperability and incident response.

4. Identify areas for future enhancement and evolution.

5. Develop a Continuity of Operations Plan (CON OPS) that integrates Objectives 1-4.

4. PROJECT PHASES AND TASKS
Phase 1: Project Initiation & Resource Allocation
Task 1.1: Kick-off Meeting











 

 








 


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x Schedule and conduct a kick-off meeting with City staff and key stakeholder x Discuss project scope, objectives, and deliverables
x Assign roles and responsibilities
Task Responsibility: Consultant’s Project Manager
Task 1.2: Stakeholder Engagement (RFP Task 1)
x Identify and engage stakeholders from SWAT, HazMat, and Bomb Squads x Schedule regular virtual or live meetings for collaboration Task Responsibility: Consultant’s Project Leads
Phase 2: Analysis and Planning
Task 2.1: SWOT Analysis (RFP Task 2)
x Conduct a detailed SWOT analysis for the special operations teams x Document findings and provide recommendations for operational enhancements Task Responsibility: Consultant’s Project Manager, Project Leads Task 2.2: Develop SOG Recommendations (RFP Task 3 )
x Create a section within the CON OPS dedicated to SOG recommendations x Focus on improving interoperability, incident response integration, and communications. (RFP Task 4)
Task Responsibility: Consultant’s Project Manager
Phase 3: Plan Development
Task 3.1: Draft CON OPS
x Develop a draft of the Continuity of Operations Plan incorporating SWOT analysis and SOG recommendations
x Ensure the plan addresses current capabilities and potential challenges x Conduct report design and formatting activities

Task Responsibility: Consultant’s Project Manager
Task 3.2: Review and Feedback
x Share the draft CON OPS with stakeholders for review and feedback x Incorporate feedback and make necessary revisions











 

 








 


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CA\DD\02000.50101\1401461.15
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Task Responsibility: Consultant’s Project Manager, Project Leads, and Subject Matter Experts.

Phase 4: Plan Finalization
Task 4.1: Finalize CON OPS
x Prepare the final version of the CON OPS
x Ensure all recommendations and strategies are integrated Task Responsibility: Consultant’s Project Manager
Task 4.2: Implementation Framework
x Develop a structured framework for the implementation of the CON OPS x Ensure timelines, resource allocation, and responsible parties are met within budgetary guidelines.

Task Responsibility: Consultant’s Project Leads
Task 4.3: Evaluation Mechanism
x Establish an evaluation mechanism to regularly assess the effectiveness of the CON OPS
x Make necessary adjustments based on evaluation results

Task Responsibility: Consultant’s Project Leads
Phase 5: Project Closeout
Task 5.1: Deliver Final CON OPS
x Deliver the final version of the CON OPS
Task 5.2: Documentation Closeout
x Deliver all final project reports and documentation
Task(s) Responsibility: Consultant’s Project Manager, Project Coordinator

5. RESOURCE ALLOCATION
For Principal Project Members
x Consultant’s Project Manager: Responsible for overall project coordination and communication
x Consultant’s Project Lead: Leading a major component of the project x Consultant’s Project Coordinator: Responsible for providing administrative support to the project











 

 








 


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x Consultant’s Subject Matter Expert: Subject Matter Expert providing subject or topical expertise to the project

6. QUALITY ASSURANCE AND CONTROL
Project Phases 4 and 5
x Implement a QA/QC process to ensure the quality and accuracy of all deliverables Project Phases 2 through 5
x Conduct regular client progress meetings to track milestones and address any issues Project Phases 1 through 5
x Conduct regular internal project team meetings to track milestones and address any issues
Project Phase 1 through 5
x Maintain thorough documentation of all project activities and decisions

8. COMMUNICATION PLAN
x Consultant shall provide regular updates to City staff and stakeholders through regular meetings and project status reports
o Biweekly Project Meetings (by the Consultant’s Project Manager) o Monthly Project Status Reports (by the Consultant’s Project Manager/Project Coordinator)
x Transparent communication of project progress, challenges, and solutions o Monthly Project Status Reports (by the Consultant’s Project Manager/Project Coordinator)
x Ensure all stakeholders are informed and engaged throughout the project lifecycle o Biweekly Project Meetings (by the Consultant’s Project Manager) o Monthly Project Status Reports (by the Consultant’s Project Manager/Project Coordinator)
o Regular Project Notices (email) and Project Stakeholder Calls (as required) (by Consultant’s Project Leads)











 

 








 


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EXHIBIT “B”

SCHEDULE OF SERVICES
Consultant shall complete the Services within the Term of this Agreement, and shall meet any other reasonable schedules and deadlines established by City’s Representative.

The Consultant shall meet the following deadlines and complete all phases of project schedule by April 30, 2024.











 

 








 


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EXHIBIT “C”

COMPENSATION
Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth herein.












 

 








 


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EXHIBIT “D”

FEDERAL REQUIREMENTS
The City pursued alternate funding sources from the City of Riverside Office of Emergency Management. Funding for this Project is expected to be provided in full or in part pursuant to the California Office of Emergency Services (Cal OES), Urban Area Security Initiative (UASI) Grant Funding for Federal Fiscal Year 2022, and Homeland Security Grant Program (HSGP). The City executed a Memorandum of Understanding (MOU) - Urban Area Security Initiative (UASI) Grant Funding for Federal Fiscal Year 2022 (Grant Agreement) on March 14, 2024. The Consultant and all subconsultants shall comply with all applicable federal and state laws, rules, regulations, policies or procedures including but not limited to the funding requirements of the Grant Agreement and all provisions, including government cost principles, uniform administrative requirements and audit requirements for federal grant programs, set forth in Title 2, Part 200 of the Code of Federal Regulations (CFR), Subpart F – Audit Requirements, incorporated herein by reference as though set forth in full text. The Grant Agreement attached as Appendix A and incorporated herein by reference.

Consultant must include all language contained within the Grant Agreement in award documents for all subawards at all tiers. Consultants are bound by the Department of Homeland Security Standard Terms and Conditions 2022, Version 3 hereby incorporated by reference, which can be found at: FY 2022 DHS Standard Terms and Conditions.

While it shall be Consultant’s sole responsibility to research and ensure compliance with all requirements of the Grant Agreement, for reference purposes only, such requirements include, but are not limited to:
a. Lobbying and Political Activities requirements (31 U.S.C. 1352 and 5 U.S.C. 1501-1508) set forth in section 3 of the Standard Assurance for Cal OES Federal Non-Disaster Grant Programs (Attachment A) of the Grant Agreement. As required, Consultant shall complete and return the anti-lobbying certification provided herein in Section V. of the RFP with their proposal and require the language in this certification be included in all subaward documents related to this project and that all subrecipients (subconsultants) shall certify and disclose accordingly. b. Debarment and Suspension requirements as required by Executive Orders 12549 and 12689, and 2 CFR 200.214 and codified in 2 CFR Part 180 set forth in section 4 of the Standard Assurance for Cal OES Federal Non-Disaster Grant Programs (Attachment A) of the Grant Agreement. As required, Consultant shall complete and return the debarment and suspension certification provided herein in Section V. of the RFP with their proposal and require the language in this certification be included in all subaward documents related to this project and that all subrecipients (subconsultants) shall certify and disclose accordingly c. Non-Discrimation and Equal Employment Opportunity requirements set forth in section 5 of the Standard Assurance for Cal OES Federal Non-Disaster Grant Programs (Attachment A) of the Grant Agreement.











 

 








 


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d. Drug-Free Workplace requirements set forth in section 6 of the Standard Assurance for Cal OES Federal Non-Disaster Grant Programs (Attachment A) of the Grant Agreement. e. State and Federal Environmental Standards requirements set forth in section 7 of the Standard Assurance for Cal OES Federal Non-Disaster Grant Programs (Attachment A) of the Grant Agreement.
f. Audit requirements in accordance with Single Audit Act Amendments of 1996 and Title 2 of the CFR, Part 200, Subpart F Audit Requirements set forth in section 8 of the Standard Assurance for Cal OES Federal Non-Disaster Grant Programs (Attachment A) of the Grant Agreement.
g. Cooperation and Access to Records requirements set forth in section 9 of the Standard Assurance for Cal OES Federal Non-Disaster Grant Programs (Attachment A) of the Grant Agreement.
h. Conflict of Interest requirements set forth in section 10 of the Standard Assurance for Cal OES Federal Non-Disaster Grant Programs (Attachment A) of the Grant Agreement. i. Financial Management requirements set forth in section 11 of the Standard Assurance for Cal OES Federal Non-Disaster Grant Programs (Attachment A) of the Grant Agreement. j. Reporting – Accountability requirements set forth in section 12 of the Standard Assurance for Cal OES Federal Non-Disaster Grant Programs (Attachment A) of the Grant Agreement. k. Whistleblower Protections requirements set forth in section 13 of the Standard Assurance for Cal OES Federal Non-Disaster Grant Programs (Attachment A) of the Grant Agreement. l. Human Trafficking requirements set forth in section 14 of the Standard Assurance for Cal OES Federal Non-Disaster Grant Programs (Attachment A) of the Grant Agreement. m. Labor Standards requirements set forth in section 15 of the Standard Assurance for Cal OES Federal Non-Disaster Grant Programs (Attachment A) of the Grant Agreement. n. Worker's Compensation requirements set forth in section 16 of the Standard Assurance for Cal OES Federal Non-Disaster Grant Programs (Attachment A) of the Grant Agreement. o. Property-Related requirements, as applicable, set forth in section 17 of the Standard Assurance for Cal OES Federal Non-Disaster Grant Programs (Attachment A) of the Grant Agreement. p. Use of Cellular Device While Driving is Prohibited set forth in section 19 of the Standard Assurance for Cal OES Federal Non-Disaster Grant Programs (Attachment A) of the Grant Agreement.











 

 








 


  Docusign Envelope ID: ED32DD5A-C43A-47FD-BA4B-384143462CA5

CA\DD\02000.50101\1401461.15
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q. Subject to California Public Records Act and Freedom of Information Act set forth in section 20 of the Standard Assurance for Cal OES Federal Non-Disaster Grant Programs (Attachment A) of the Grant Agreement.
r. Best Practices for Collection and Use of Personally Identifiable Information (PII) requirements set forth in section 23 of the Standard Assurance for Cal OES Federal Non-Disaster Grant Programs (Attachment A) of the Grant Agreement.
s. Copyright requirements set forth in section 24 of the Standard Assurance for Cal OES Federal Non-Disaster Grant Programs (Attachment A) of the Grant Agreement. t. Duplication of Benefits requirements set forth in section 25 of the Standard Assurance for Cal OES Federal Non-Disaster Grant Programs (Attachment A) of the Grant Agreement. u. Energy Policy and Conservation Act requirements set forth in section 26 of the Standard Assurance for Cal OES Federal Non-Disaster Grant Programs (Attachment A) of the Grant Agreement.
v. Federal Debt Status requirements set forth in section 27 of the Standard Assurance for Cal OES Federal Non-Disaster Grant Programs (Attachment A) of the Grant Agreement. w. Fly America Act of 1974 set forth in section 28 of the Standard Assurance for Cal OES Federal Non-Disaster Grant Programs (Attachment A) of the Grant Agreement. x. Hotel and Motel Fire Safety Act of 1990 requirements set forth in section 29 of the Standard Assurance for Cal OES Federal Non-Disaster Grant Programs (Attachment A) of the Grant Agreement.
y. Non-supplanting Requirement requirements set forth in section 30 of the Standard Assurance for Cal OES Federal Non-Disaster Grant Programs (Attachment A) of the Grant Agreement. z. Patents and Intellectual Property Rights requirements set forth in section 31 of the Standard Assurance for Cal OES Federal Non-Disaster Grant Programs (Attachment A) of the Grant Agreement.
aa. SAFECOM requirements set forth in section 32 of the Standard Assurance for Cal OES Federal Non-Disaster Grant Programs (Attachment A) of the Grant Agreement. bb. Terrorist Financing requirements set forth in section 33 of the Standard Assurance for Cal OES Federal Non-Disaster Grant Programs (Attachment A) of the Grant Agreement. cc. Use of DHS Seal, Logo and Flags permission requirements set forth in section 36 of the Standard Assurance for Cal OES Federal Non-Disaster Grant Programs (Attachment A) of the Grant Agreement.
[GRANTAGREEMENTATTACHEDONFOLLOWINGPAGES]











 

 








 


  Docusign Envelope ID: ED32DD5A-C43A-47FD-BA4B-384143462CA5

APPENDIX A

GRANT AGREEMENT DOCUMENTS

MEMORANDUM OF UNDERSTANDING (MOU)

BETWEEN

THE CITY OF RIVERSIDE OFFICE OF EMERGENCY

MANAGEMENT
AND

THE CITY OF CORONA

REGARDING

URBAN AREA SECURITY INITIATIVE (UASI) GRANT

FUNDING
FOR FEDERAL FISCAL YEAR 2022
PROFESSIONAL CONSULTING SERVICES –

SPECIAL OPERATIONS TEAM CONTINUITY OF

OPERATIONS IN RIVERSIDE AND SAN BERNARDINO

COUNTIES
RFP 25-007AS











 

 








 


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Certificate Of Completion
Envelope Id: ED32DD5AC43A47FDBA4B384143462CA5 Status: Completed Subject: Complete with Docusign: Exhibit 1 - PSA with JGA - Partially Executed Source Envelope:

Document Pages: 50 Signatures: 3 Envelope Originator:

Certificate Pages: 2 Initials: 0 Tammy Gonzalez
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
400 S Vicentia Ave
Corona, CA 92882
[email protected]
IP Address: 64.29.226.10
Record Tracking
Status: Original
10/24/2024 4:20:36 PM
Holder: Tammy Gonzalez
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: City of Corona, CA Location: DocuSign Signer Events Signature Timestamp
Lee shin
[email protected]
Emergency Services Manager
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 64.29.226.10
Sent: 10/24/2024 4:26:54 PM
Viewed: 10/24/2024 4:27:20 PM
Signed: 10/24/2024 4:27:27 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Viola Van
[email protected]
Management Analyst II
City of Corona
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 64.29.226.10
Sent: 10/24/2024 4:27:29 PM
Viewed: 10/24/2024 4:27:55 PM
Signed: 10/24/2024 4:28:15 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Brian Young
[email protected]
Fire Chief
07/29/21
Security Level: Email, Account Authentication
(None)
Signature Adoption: Uploaded Signature Image
Using IP Address: 64.29.226.10
Sent: 10/24/2024 4:28:18 PM
Viewed: 10/24/2024 5:14:24 PM
Signed: 10/24/2024 5:14:57 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp

Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 10/24/2024 4:26:54 PM
Certified Delivered Security Checked 10/24/2024 5:14:24 PM Signing Complete Security Checked 10/24/2024 5:14:57 PM Completed Security Checked 10/24/2024 5:14:57 PM
Payment Events Status Timestamps

RFP No. 25-007AS “Advertising Notice”
Professional Consulting Services - Special Operations Team: Continuity of Operations in Riverside and San Bernardino Counties
August 12, 2024
SUBJECT: REQUEST FOR PROPOSALS (RFP) NO. 25-007AS
The City of Corona Fire Department (City) invites qualified proposals for:

Professional Consulting Services - Special Operations Team: Continuity of Operations in Riverside and San Bernardino Counties
Parties interested in obtaining a copy of this RFP No. 25-007AS may do so by registering with PlanetBids as a City of Corona vendor by visiting the PlanetBids Vendor Portal:
https://www.planetbids.com/portal/portal.cfm?CompanyID=39497. Registered vendors can download a copy of this RFP No. 25-007AS and supporting documents at no cost and receive addenda and other notifications when issued.

Closing: Proposals shall be submitted electronically before 2:00 p.m., September 19, 2024 through the PlanetBids Vendor Portal. It is the consultant’s responsibility to allow sufficient time to complete and upload its proposal, including all documentation required by this RFP, prior to the stated deadline. Electronic submission cannot be completed unless the consultant properly uploads all required documents.

The City will only consider electronic proposals that have been transmitted successfully and issued a time stamped confirmation number from PlanetBids indicating the proposal was successfully transmitted. Transmission of proposals by any other means will not be accepted. Consultants are solely responsible for informing themselves with respect to proper usage of the PlanetBids online bid management system, for ensuring the capability of their computer system to upload the required documents and for the reliability of their internet service. Failure of the consultant to successfully transmit an electronic proposal shall be at the consultant’s sole risk and no relief will not be given for late or improperly submitted proposals.

Consultants experiencing technical difficulties with the proposal transmission process should contact PlanetBids Support at (818) 992-1771. Consultants that continue to experience difficulty with the PlanetBids system should contact the City of Corona Purchasing Division at (951) 736- 2274. Neither the City nor PlanetBids make any guarantees or assurances as to the timely availability of assistance or resolution of any given issue prior to the proposal submission date and time.

RFP No. 25-007AS “Advertising Notice”
Professional Consulting Services - Special Operations Team: Continuity of Operations in Riverside and San Bernardino Counties
Funding for this Project is expected to be provided in full or in part pursuant to California Office of Emergency Services (Cal OES), Memorandum of Understanding (MOU) - Urban Area Security Initiative (UASI) Grant Funding for Federal Fiscal Year 2022 entered into between the City and the City of Riverside Office of Emergency Management on or about March 14, 2024 (“Grant Agreement”). The successful Consultant and all subconsultants shall comply with all applicable federal and state laws, rules, and regulations, including but not limited to the funding requirements of the Grant Agreement funding requirements. The funding requirements are included in the Special Conditions within Section IV. Scope of Work of these RFP Documents.

Issuance of this RFP and/or receipt of proposals does not commit City to award a contract.

Signed,
Annette Solorio
Purchasing Specialist II
City of Corona | Finance – Purchasing Division
400 S. Vicentia Ave., Suite 320 | Corona, CA 92882
Phone: 951-739-4922 | Email: [email protected] Website: www.coronaca.gov

RFP No. 25-007AS Section I. “Invitation”
Professional Consulting Services - Special Operations Team: Continuity of Operations in Riverside and San Bernardino Counties
August 12, 2024
SUBJECT: REQUEST FOR PROPOSALS (RFP) No. 25-007AS

SECTION I

INVITATION
The City of Corona Fire Department (City) invites proposals from qualified consultants for:

Professional Consulting Services - Special Operations Team: Continuity of Operations in Riverside and San Bernardino Counties
Please read this entire RFP package and include all requested information and forms in your proposal. Proposals must be signed by an authorized agent of the company submitting a proposal in order to be considered responsive.
**IMPORTANT** PLEASE REVIEW THE CITY’S INSURANCE

REQUIREMENTS AND FORMS LOCATED IN SECTION V
(PROPOSAL CONTENT AND FORMS) AND VII (FORM OF AGREEMENT) SUBSECTION 3.2.10 INSURANCE, ET SEQ**
Tentative RFP Schedule
(Subject to change at City’s discretion)

1. Issue RFP ..........................................................................................................August 12, 2024

2. Written Questions from Consultant Due..........................................4:00 p.m., August 22, 2024

3. Responses from City Due .................................................................................August 29, 2024

4. Proposals Due ........................................................................... 2:00 p.m., September 19, 2024

5. Proposal Evaluation Completed.........................................................................October 3, 2024

6. Contract Negotiations ........................................................................................October 8, 2024

7. Consultant Selection ........................................................................................October 10, 2024

8. Tentative Council Approval...........................................................................November 6, 2024

9. Notice to Proceed...........................................................................................November 7, 2024 Table of Contents

RFP No. 25-007AS Section I. “Invitation”
Professional Consulting Services - Special Operations Team: Continuity of Operations in Riverside and San Bernardino Counties
SECTION I ........................................................................................................................Invitation SECTION II............................................................................................................RFP Instructions SECTION III..................................................................................................Evaluation and Award SECTION IV ......................................................................Project Description and Scope of Work SECTION V.........................................................................................Proposal Content and Forms SECTION VI ................................................................................................RFP Acknowledgment SECTION VII....................................................................................................Form of Agreement

APPENDICES
APPENDIX A.................................................................................... Grant Agreement Documents

RFP No. 25-007AS Section II. “RFP Instructions”
Professional Consulting Services - Special Operations Team: Continuity of Operations in Riverside and San Bernardino Counties
SECTION II.

RFP INSTRUCTIONS
A. Pre-proposal Meeting

NOT APPLICABLE
B. Proposal Format
The proposal should consist of the following sections, at minimum. Supplemental information beneficial to the proposal is acceptable as attachments or Appendices if directly applicable. Consultants are encouraged to be concise with the company background and experience sections and focus on experience delivering schedule-driven special operations continuity of operations professional consulting services.

1. Qualifications, Related Experience and References

2. Proposed Staffing and Project Organization

3. Work Plan

4. Labor Hour Estimate and Fee Proposal, submit as a separate file. Do not include in the same file with Consultant’s technical proposal. (Break down job classification and type of costs by amount and/or rates)

5. Appendices
C. Examination of Proposal Documents
By submitting a proposal, consultants represent they have thoroughly examined and become familiar with the work required under this RFP, have reviewed the project location, understand the project objectives and are capable of performing quality work to achieve the City’s objectives.

D. Addenda
Substantive City changes to the requirements will be made by written addendum. Any written addenda issued pertaining to this RFP shall be incorporated into the terms and conditions of any resulting Purchase Order and/or Agreement. Copies of all Addenda will be furnished through the City’s electronic bidding system, PlanetBids, no later than 72 hours prior to the proposal Due Date and Time. Consultants shall access any and all Addenda from the electronic bidding system’s Addenda & Email tab for this RFP. The City shall not be bound to any modifications to or deviations from the requirements set forth in this RFP as the result of oral instruction.

All registered vendors with a PlanetBids status of either bidder or non-bidder that have downloaded a copy of this RFP and supporting documents will be notified by a system generated email from PlanetBids when an Addendum has been issued. It is the sole responsibility of consultants to ensure they have received all addenda prior to submitting a

RFP No. 25-007AS Section II. “RFP Instructions”
Professional Consulting Services - Special Operations Team: Continuity of Operations in Riverside and San Bernardino Counties
proposal. To this end, consultants should contact the City’s Purchasing Division prior to the proposal due date to verify receipt of all Addenda issued. Consultants shall acknowledge receipt of all Addenda when submitting their electronic proposals.

E. Clarifications

1. Examination of Documents
Should a consultant require clarifications to this RFP, the Consultant shall notify the City in writing in accordance with Section E.2 below. Should it be found that the point in question is not clearly and fully set forth in the RFP, the City shall issue a written addendum clarifying the matter.

2. Submitting Requests
Consultants shall submit all questions, clarifications or comments through the City’s PlanetBids electronic bidding system:
https://www.planetbids.com/portal/portal.cfm?CompanyID=39497 utilizing the Questions & Answers tab. All Consultant questions must be submitted no later than 4:00 p.m., August 22, 2024. Please note the City’s electronic bidding system will not allow inquiries to be submitted after this date and time.

3. City Responses
a. Responses from the City will be communicated in writing by way of addendum in accordance with Section D above. The City shall not be bound to any modifications to or deviations from the requirements set forth in this RFP as the result of any oral instruction.
b. The Tentative Schedule may change at any time. Any and all changes to the Tentative Schedule will be made by way of addendum. If an Addendum is issued less than 72 hours before the proposal due date and time, the proposal due date will be extended.

F. Submission of Proposals

1. Date and Time
All proposals shall be submitted no later than 2:00 p.m., September 19, 2024.

2. Electronic Submission
Proposals shall be submitted electronically using the City’s PlanetBids Vendor Portal.

The City’s electronic bidding system will not allow proposals to be submitted after the due date and time. It is the consultant’s responsibility to allow sufficient time to complete and submit their proposal, including all documentation required by this RFP, prior to the stated deadline. Electronic submission cannot be completed unless the

RFP No. 25-007AS Section II. “RFP Instructions”
Professional Consulting Services - Special Operations Team: Continuity of Operations in Riverside and San Bernardino Counties
consultant properly uploads all required documents. Only electronic proposals will be accepted; hard copy proposals will be rejected as nonresponsive and returned unopened without exception.

3. Acceptance of Proposals
a. The City reserves the right to accept or reject any and all proposals, or any item or part thereof, or to waive any informalities or irregularities in a proposal. b. The City reserves the right to withdraw this RFP at any time without prior notice, and the City makes no representations that any contract will be awarded to any consultant responding to this RFP.
c. The City reserves the right to postpone proposal opening for its own convenience.

G. Proposal Withdrawal
Electronic proposals may be withdrawn by consultant prior to the date and time set forth in Section F.1 above. After that time, consultants may not withdraw their proposals for a period of ninety (90) days from the Proposal Submittal Deadline. At no time may the successful consultant(s) withdraw their proposal(s).

H. Pre-Contractual Expenses
Pre-contractual expenses are defined as expenses incurred by the consultant in:

1. Preparing its proposal in response to this RFP;

2. Submitting the proposal to City;

3. Negotiating with City on any matter related to the proposal; or

4. Any other expenses incurred by the consultant prior to date of award, if any.

The City shall not, in any event, be liable for any pre-contractual expenses incurred by consultant in the preparation of its proposal. Consultant shall not include any such expenses as part of its proposal.

I. Contract Award
Issuance of this RFP and receipt of proposals does not commit the City to award a contract.

The City reserves the right to postpone proposal opening for its own convenience, to accept or reject any or all proposals received in response to this RFP, to request additional information from consultants as appropriate, to negotiate with other than the highestranked consultant(s) should negotiations with the highest-ranked consultant(s) be terminated, or to cancel all or part of this RFP. The award of this contract is subject to the receipt of federal or state and/or “local funds sufficient to carry out the work identified in this RFP.

RFP No. 25-007AS Section II. “RFP Instructions”
Professional Consulting Services - Special Operations Team: Continuity of Operations in Riverside and San Bernardino Counties
J. Contract Term
The initial contract term will be for approximately six (6) months and shall be effective on or about November 6, 2024 through June 30, 2025.

K. Acceptance of Order
The successful consultant(s) will be required to accept a Purchase Order and execute a written Agreement (see Section VII, Form of Agreement) in accordance with and including as a part thereof the published notice of Request for Proposals and this Request for Proposals, including all requirements, conditions and specifications contained herein, with no exceptions other than those specifically listed in the written purchase order and/or Agreement.

L. Company Performance
It is the intent of the City to create a long-term working partnership with the selected firm.

The City’s Representative will complete a Vendor Performance Evaluation Form on a periodic basis. An example of this type of form can be reviewed in Section V and will be the basis for periodic assessments by the City to establish contract performance metrics.

M. City of Corona Business License
The successful consultant(s) and any sub-consultants are required to obtain a City of Corona Business License prior to contract award and to maintain the license for the entire term of the Agreement. The Business License is not a prerequisite for submission of a proposal. Inquiries regarding the City Business License may be answered by calling 951- 736-2275 or by visiting the City’s website:
https://www.coronaca.gov/government/departments-divisions/finance/business-licenseinfo.

N. Prevailing Wage
Refer to Section VII. Form of Agreement, Section 3.3.5 for Prevailing Wage requirements.

O. Insurance Requirements
Within ten (10) consecutive calendar days after the notice of award, the Consultant to whom a contract is awarded from this request for proposals shall furnish the City, through its third-party insurance partner, Exigis, certificates of insurance and endorsements evidencing coverage as specified in Section VII. Form of Agreement, Section 3.2.10 Insurance, et seq. and naming the City of Corona, its directors, officials, officers, employees, volunteers and agents as additional insureds by written endorsement. Failure to do so may, in the sole discretion of the City, result in the forfeiture of the Contract Award.

RFP No. 25-007AS Section II. “RFP Instructions”
Professional Consulting Services - Special Operations Team: Continuity of Operations in Riverside and San Bernardino Counties
Consultants are encouraged to have their insurance provider(s) review the insurance requirements, pursuant to the Form of Agreement, to ensure the specified minimum coverage limits, endorsements and other requirements can be met.

Consultants must review, complete and sign the Acknowledgment of Insurance Requirements Check Sheet included in Section V and return with their proposal. Any exceptions or deviations to the City’s insurance requirements must be submitted to the City during the Questions and Answer period. Consultants are cautioned that exceptions or deviations from the RFP insurance requirements may cause their proposal to be rejected as non-responsive.

P. Negative History
Consultant must include in its Proposal a complete disclosure of any alleged significant prior or on-going contract failures, any civil or criminal litigation or investigation pending which involves the firm or in which the firm has been judged guilty or liable within the last five (5) years.

If there is no negative history to disclose, the firm must affirmatively state in its Proposal, there is no negative history to report.

Failure to comply with the terms of this provision may disqualify any proposal. The City reserves the right to reject any proposal based upon the firm's prior documented history with the City or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failures to meet contract milestones or other contractual failures.

Q. Conflict of Interest Statement
The nature of the proposed services for this RFP may lead to a conflict of interest for firms that are currently under contract with the City or those that may seek contract opportunities in the future. The City considers the following situations as potential conflicts of interest that will not be allowed:

The prime consultant or principal partners in a joint venture arrangement for this RFP will be prohibited from competing for future design (defined by the City as Project Approval and Environmental Document (PA&ED) or Plans, Specifications and Estimate (PS&E)) or construction management contracts related to this project.

A sub-consultant that provides more than one-third of the total scope of services (as measured by overall budget) or more than one-third of the full-time equivalent (FTE) for project manager and key positions will be prohibited from competing for future design (PA&ED or PS&E) or construction management contracts.

The prime consultant or principles in a joint venture, or a sub-consultant that provides more than one-third of the total scope of services or more than one-third of the FTEs for project manager or key positions, will be prohibited from competing for future (PA&ED or PS&E)

RFP No. 25-007AS Section II. “RFP Instructions”
Professional Consulting Services - Special Operations Team: Continuity of Operations in Riverside and San Bernardino Counties
or construction management contracts as a major sub-consultant. City staff will determine the definition of major sub-consultant for future contracts on a case-by-case basis.

The City recognizes that consulting firms that currently hold design contracts may wish to compete as a prime consultant or major sub-consultant for this contract. The City will allow such firms to compete for this contract, however, if successful, those firms will be prohibited from competing for future design or construction management services contracts for this project. Additionally, for firms with existing design contracts, the named principle-in-charge and project manager for those contracts are prohibited from filling key positions in the project management contract.

Consultants shall disclose any financial, business or other relationship with the City that may have an impact upon the outcome of the contract or the construction projects. The Consultant shall also list current clients who may have a financial interest in the outcome of this contract or the construction project that will follow. Consultants shall disclose any financial interest or relationship with any construction company that might submit a bid on any of the listed transportation projects.

R. Public Records
Responses (proposals) to this Request for Proposal (RFP) and the documents constituting any contract entered into thereafter become the exclusive property of the City and shall be subject to the California Public Records Act (Government Code Section 6250 et seq.). The City’s use and disclosure of its records are governed by this Act.

Those elements in each proposal which proposer considers to be trade secrets, as that term is defined in Civil Code Section 3426.1(d), or otherwise exempt by law from disclosure, should be prominently marked as “TRADE SECRET”, “CONFIDENTIAL”, or “PROPRIETARY” by proposer. The City will use its best efforts to inform proposer of any request for disclosure of any such document. The City shall not in any way be liable or responsible for the disclosure of any such records including, without limitation; those so marked if disclosure is deemed to be required by law or by an order of the Court.

In the event of litigation concerning disclosure of information the proposer considers exempt from disclosure, the City will act as a stakeholder only, holding the information until otherwise ordered by a court or other legal process. If the City is required to defend an action arising out of a Public Records Act request for any of the contents of a proposer’s proposal marked “Confidential”, “Proprietary”, or “Trade Secret”, proposer shall defend and indemnify the City from all liability, damages, costs, and expense, including attorneys’ fees, in any action or proceeding arising under the Public Records Act.

To insure confidentiality, proposers are instructed to upload separate files for all “Confidential,” “Proprietary,” or “Trade Secret” data when submitting their proposal documents. The file names shall include the words “Confidential”, “Proprietary” or “Trade Secret". Because the proposal documents are available for review by any person after award of a contract resulting from an RFP, the City shall not in any way be held responsible for disclosure of any “Confidential,” Proprietary,” or “Trade Secret” documents that are

RFP No. 25-007AS Section II. “RFP Instructions”
Professional Consulting Services - Special Operations Team: Continuity of Operations in Riverside and San Bernardino Counties
not uploaded as separate files and include “Confidential”, “Proprietary” or “Trade Secret" as part of the file name.

S. Special Provisions for Services

1. Accessibility. Consultant shall fully inform himself regarding any peculiarities and limitations of the spaces available for the performance of work under this contract.

Consultant shall exercise due and particular caution to determine that all parts of his work are made quickly and easily accessible.

2. Authority of the City of Corona. Subject to the power and authority of the City as provided by law in this contract, the City shall in all cases determine the quantity, quality, and acceptability of the work, materials and supplies for which payment is to be made under this contract. The City shall decide questions that may arise relative to the fulfillment of the contract or the obligations of the consultant hereunder.

3. Changes in Work. The City may, at any time work is in progress, by written order and without notice to the sureties, make alterations in the terms of work as shown in the specifications, require the performance of extra work, decrease the quantity of work, or make such other changes as the City may find necessary or desirable. The consultant shall not claim forfeiture of contract by reasons of such changes by the City. Changes in work and the amount of compensation to be paid to the consultant for any extra work as so ordered shall be determined in accordance with the unit prices quoted.

4. Contract Incorporation. This contract embodies the entire contract between the City and the Consultant. The parties shall not be bound by or be liable for any statement, representation, promise, inducement or understanding of any kind or nature not set forth herein. No changes, amendments, or modifications of any of the terms or conditions of the contract shall be valid unless reduced to writing and signed by both parties. The complete contract shall include the entire contents of the RFP solicitation, all addenda, all of Consultant’s successful submittal, supplemental agreements, change orders, performance bond(s), and any and all written agreements which alter, amend or extend the contract.

5. Rejection of Work. Consultant agrees that the City has the right to make all final determinations as to whether the work has been satisfactorily completed.

RFP No. 25-007AS Section III. “Evaluation & Award”
Professional Consulting Services - Special Operations Team: Continuity of Operations in Riverside and San Bernardino Counties
SECTION III.

EVALUATION AND AWARD
The City is soliciting firms and/or individuals who have established knowledge, experience in special operations continuity of operations professional consulting services, and expertise in all aspects of the services requested in this RFP. Following is what the City considers important in evaluating the proposals and the assembled teams for a successful project. Minimum requirements are as follows:

A. EVALUATION CRITERIA
The following weighting and points in Table 1 below will be assigned to the Proposal for evaluation purposes:

Table 1
Criteria Max Points Rating
Completeness of Response 0 Pass or Fail
Qualification of Firm 20
Qualifications of Personnel 40
Work Plan / Project Understanding and
Approach
40 Value No score will be
given to value
Total 100

1. Completeness of Response (Pass/Fail) - 0
a. Responses to this RFP must be complete. Reponses that do not include the proposal content requirements identified within this RFP and subsequent addenda and do not address each of the items listed below will be considered incomplete, be rated a Fail in the Evaluation Criteria and will receive no further consideration.

2. Qualification of Firm – 20 points
a) Strength and stability of the firm;
b) Technical competence and experience of firm’s consultants in general providing similar services;
c) Demonstrated knowledge of the scope of work required, capability of performing specific tasks outlined in the RFP;
d) Adequacy of staff to provide required services; and
e) Reputation of firm in providing similar services.

3. Qualifications of Personnel – 40 points
a. Qualifications, education, technical competence, and experience of staff; b) Proposal demonstrates the following:

RFP No. 25-007AS Section III. “Evaluation & Award”
Professional Consulting Services - Special Operations Team: Continuity of Operations in Riverside and San Bernardino Counties

1. Provides a project-appropriate Consultant team organization diagram, including the Project Manager as the main point of contact.

2. Identifies the geographic location of the firm and each team member.

3. Describes the qualifications and experience of each proposed consultant team member, including key areas of expertise of each team member, plus their anticipated level of participation for the proposed type of service.

4. Identifies the anticipated level of participation as primary or supportive.

5. Clarifies who would be reasonably expected to perform the bulk of the work, and who would perform primarily oversight, QA/QC, and other supportive roles;
c) Evidence of successful completion of similar projects.

4. Work Plan / Project Understanding and Approach - 40 points a) Depth and thoroughness of Consultant’s understanding of the Project and the City’s requirements;
b) Identification and understanding of Project issues and challenges. c) Quality and logic of work plan;
d) Logic of Project organization and appropriateness of resource estimate and labor distribution among the tasks;
e) Adequacy of system or process for managing cost and budget; f) Adequacy of system or process for managing project schedule; g) Adequacy of system or process for communicating with the City.

5. Value - 0 points
a) No score shall be given to Value
B. EVALUATION PROCEDURE
An Evaluation Committee comprised of City staff, and may include personnel from stakeholder agencies, will be appointed to review all proposals in accordance with the above criteria
During the evaluation period, the City may do any or all of the following:

A. Generate a “short list” and conduct interviews with the top candidates B. Conduct negotiations with the most qualified candidate(s).

Consultants should be aware, however, that award may be made without consultant visits, project visits, interviews, or further discussions or negotiations.

Interviews – The City may interview the highest scoring proposals based on the evaluation criteria from Table 1.

RFP No. 25-007AS Section III. “Evaluation & Award”
Professional Consulting Services - Special Operations Team: Continuity of Operations in Riverside and San Bernardino Counties
Interview Evaluation Criteria:

The Interview will provide a maximum total of one hundred (100) points in addition to the maximum 100 points identified in Table 1. The available scoring for the Interview is as follows:

Category Points
Presentation 10
Technical Content 20
Project Manager and Key Team Members 20
Communication Skills 10
Project Understanding 20
Flexibility to Accommodate City Needs 20
Total Maximum Points 100
C. AWARD
Consultants are to submit a separate fee proposal with their technical proposal. Upon review and scoring of all proposals, the City will open the fee proposal for the highest ranked Consultant and will negotiate costs. Should the City be unable to negotiate a satisfactory contract with the highest ranked Consultant, the City retains the right to terminate negotiations with the highest ranked Consultant and open negotiations with the next highest ranked Consultant.

In addition, negotiations may or may not be conducted with consultants; therefore, the proposal submitted should contain your most favorable terms and conditions, since the selection and award may be made without discussion with any consultant.

City staff will submit a recommendation to City Council for consideration and approval of the proposal(s) evaluated by staff to be the most qualified for this project. The City anticipates making final selections and awards on or about November 6, 2024.

D. IMPLEMENTATION
A kick-off meeting will be held after contract award. Consultant’s Project Manager and key team members will meet with City staff and the Project staff to conduct introductions, discuss the scope of services, meetings, project needs and implementation process.

Following the kick-off meeting, a formal Notice-to-Proceed (NTP) may be issued after the agreement is fully executed and all insurance documents and contents of all required documents have been received and approved by the City.

RFP No. 25-007AS Section IV. “Project Description & Scope of Work” Professional Consulting Services - Special Operations Team: Continuity of Operations in Riverside and San Bernardino Counties
SECTION IV.

PROJECT DESCRIPTION AND SCOPE OF SERVICES
The City endeavors to retain highly qualified Professional Services Consultants to provide various emergency management and public safety consulting services. This scope of work is focused on the three public safety disciplines of Special Weapons and Tactics (SWAT), Hazardous Material (Haz Mat) Response Teams, and Bomb Squads within the Riverside and San Bernardino Counties Department of Homeland Security’s Urban Area Security Initiative (UASI) region. Consultants are invited to submit proposals and must list similar projects successfully completed within the last five (5) years providing the same or similar services requested in this RFP. Consultants should have no outstanding or pending complaints as determined through the Better Business Bureau, State of California Department of Consumer Affairs. Consultant should have excellent interpersonal communication skills and the ability to interact with various people during the course of a project, as well as have the administrative and fiscal capability to provide and manage the proposed services.

Insurance Requirements
Within ten (10) consecutive calendar days after the notice of award, the Consultant to whom a contract is awarded from this request for proposals shall furnish the City with the certificates of insurance evidencing coverage as specified in Section VII, Form of Agreement, Section 3.2.10 Insurance, et seq. and naming the City of Corona, it directors, officials, employees, volunteers and agents as additional insureds by written endorsement. Failure to do so may, in the sole discretion of the City, result in the forfeiture of the Contract Award.

The City’s insurance requirements have been updated. Consultants are encouraged to have their insurance provider(s) review the insurance requirements, pursuant to the Form of Agreement, to ensure the revised minimum coverage limits, endorsements and other requirements can be met.

Consultants shall review, complete and sign the Acknowledgment of Insurance Requirements Check Sheet included in Section V and return with their proposal. Any exceptions or deviations to the City’s insurance requirements must be submitted to the City during the Question and Answer period. Consultants are cautioned that exceptions or deviations from the RFP insurance requirements may cause their proposal to be rejected as non-responsive.

The City anticipates that this RFP will result in one contract award for a (6) six-month period.

Upon award of the project, the selected consultant shall begin the work no later than the date required in the notification of project award. By submitting a proposal to this RFP No. 25-007AS, consultant agrees to abide by their proposal or work deadlines required by the City, and consultants agree that failure to meet such deadlines, or failure to respond to project solicitations, may result in termination of consultant’s contract.

RFP No. 25-007AS Section IV. “Project Description & Scope of Work” Professional Consulting Services - Special Operations Team: Continuity of Operations in Riverside and San Bernardino Counties
The consultant’s services shall include the following project management assistance in support of the categories listed below:
• Provide project management and coordination with City staff. Prepare and provide project status updates including updates to scope status, schedule and cost. • Perform Quality Assurance/Quality Control (QA/QC).
• Prepare and perform presentations to City staff, the public and other stakeholders. • Prepare and attend project coordination meetings with City staff and other permitting agencies.
• Prepare cost estimates and project schedules.
• Prepare meeting agenda and minutes.

Support services typically needed by the City for each public safety related discipline include, but are not limited to, the following list:

A. Project Management
Project Management is the overall planning, coordination and control of a project from inception to completion in order to produce a functionally and financially viable project completed on time within authorized costs and to the required quality standards. The role of a project manager includes acquiring resources and coordinating the efforts of team members and third-party consultants in order to deliver projects according to established deadlines and within budget. The project manager will also define the project’s objectives and oversee quality control throughout the project life cycle.

Project Management: Consultant shall provide experienced personnel, equipment and facilities to perform the following tasks.

1. Successfully manage more than one project at a time. Must be able to shift focus between various projects and ensure all are progressing satisfactorily.

2. Define project scope, goals and deliverables that support the City’s goals in collaboration with senior management and stakeholders.

3. Effectively communicate project expectations to team members and stakeholders.

4. Use project management checklists to identify project requirements and track completion of milestones.

5. Prepare and update project schedules

6. Track and monitor project milestones and deliverables.

7. Manage project budget and minimize exposure to excessive risk in a project.

8. Conduct progress meetings.

9. Coordinate with other agencies and multidisciplinary stakeholders.

10. Devise the project work plans and revisions as required.

11. Provide periodic draft revisions with stakeholders.

12. Maintain and control project documents.

13. Prepare and present project reports on a regular basis.

14. Provide proper documentation to close projects in a timely manner.

15. Other project management duties as necessary to support City projects.

RFP No. 25-007AS Section IV. “Project Description & Scope of Work” Professional Consulting Services - Special Operations Team: Continuity of Operations in Riverside and San Bernardino Counties
B. Project and Deliverables – Continuity of Operations Plan (CON OPS) Consultant shall provide experience to perform the following tasks:

1. Stakeholder Engagement:
a. Ensure participation of regional special operations teams (Special Weapons and Tactics (SWAT), Hazard Material Response Teams (Haz Mat), and Bomb Squads) b. Recommended best practice stakeholder collaborations over virtual or live meetings

2. Incorporation of SWOT (Strengths, Weaknesses, Opportunities, and Threats) Analysis:
a. Include a detailed SWOT analysis as a core component. Analysis will provide insights into the strengths, weaknesses, opportunities, and threats pertaining to the regional special operations teams (SWAT, Haz Mat, Bomb Squads).
b. Provide recommendations and strategies identified in the SWOT analysis to be integrated into the CON OPS to ensure that operational enhancements are grounded in a thorough understanding of current capabilities and potential challenges

3. Standard Operating Guideline (SOG) Recommendations:
a. Develop a section dedicated to SOG recommendations to be developed within the CON OPS.
b. Recommendations will focus on improving interoperability, incident response integration, communications, and collaborative tactics for special operations teams. c. SOG recommendations will be based on best practices, lessons learned, and innovative approaches to special operations.

4. Identification of Areas for Future Enhancement and Evolution:
a. Clearly identify key areas for future development and enhancement. b. Ensure plan remains relevant and adaptable to changing needs and emerging threats of the Riverside and San Bernardino Urban Area Security Initiative (UASI) region. c. Initiate focus on the evolving technologies, training methodologies, and collaboration opportunities that can further strengthen the capabilities of the special operations teams.

5. Implementation and Evaluation Framework:
a. Provide a structured framework for the implementation of the CON OPS. b. Ensure timelines, resource allocation, and responsible parties meet are met within budgetary guidelines.
c. Provide an evaluation mechanism to regularly assess the effectiveness of the CON OPS and make necessary adjustments.

RFP No. 25-007AS Section IV. “Project Description & Scope of Work” Professional Consulting Services - Special Operations Team: Continuity of Operations in Riverside and San Bernardino Counties

6. Ensure all outstanding final documentation required of the contractor has been received for final acceptance.

7. Prepare and issue final project close-out report.

C. Timeline
In order to successfully complete the project, Consultant shall provide a robust timeline in order to ensure project completion on time and within established budget. Consultant will be expected to provide periodic reviews and updates to ensure alignment with project goals and to accommodate the evolving nature of special operations challenges. Consultant shall provide experience to perform the following tasks.

1. Provide a detailed timeline outlining entire project duration with specific milestones/metrics marked at key stages:
a. Ensure transparency and accountability of progress tracking and include dates throughout until completion of major tasks.

2. Positive Stakeholder Engagement:
a. It is assumed that the UASI will proactively engage with all impact stakeholders, ensuring their involvement and input in the SOG development process.

3. Availability of Contact Lists:
a. With a provided comprehensive list of all contacts and participating agencies, ensure a smooth facilitation of collaborative coordination between regional UASI stakeholders

4. Inclusion of Subject Matter Experts (SMEs):
a. Ensure the inclusion of subject matter experts (SMEs) from the three disciplines of SWAT, Hazardous Material (Haz Mat) Response, and Bomb Squad operations for team configuration
b. Ensuring specialized knowledge and expertise of three disciplines are represented is integral to the comprehensive development of the CON OPS.

5. Overview of Past UASI Projects and Spending
a. Consultant will be provided a comprehensive overview of previous projects and expenditures by the UASI, specifically focusing on how these resources have supported the identified special operations teams (SWAT, Haz Mat, and Bomb Squads)

RFP No. 25-007AS Section IV. “Project Description & Scope of Work” Professional Consulting Services - Special Operations Team: Continuity of Operations in Riverside and San Bernardino Counties

6. Inter-County and Inter-Agency Collaboration
a. Identity the level of collaboration and information sharing between Riverside and San Bernardino Counties and between different agencies within each county. This is critical for ensuring seamless interoperability and coordinated responses to emergencies

7. Training and Skill Development
a. Ensure personnel involved in special operations teams have received training and skill development opportunities. Identify gaps and or best practice examples.

8. Risk Assessment and Management
a. Identify ongoing risk assessment and management practices, ensuring that the CON OPS remains dynamic and responsive to changing threat landscapes and operational challenges.

9. Feedback Mechanisms
a. Establish robust feedback mechanisms from operational personnel and stakeholders to continuously improve the CON OPS.

10. Scalability and Flexibility
a. Ensure that CON OPS and SOPs are scalable and flexible, allowing for adaptation to different scales of operations and unique scenarios that may arise in the two counties.

A. SPECIAL CONDITIONS:

The City pursued alternate funding sources from the City of Riverside Office of Emergency Management. Funding for this Project is expected to be provided in full or in part pursuant to the California Office of Emergency Services (Cal OES), Urban Area Security Initiative (UASI) Grant Funding for Federal Fiscal Year 2022, and Homeland Security Grant Program (HSGP). The City executed a Memorandum of Understanding (MOU) - Urban Area Security Initiative (UASI) Grant Funding for Federal Fiscal Year 2022 (Grant Agreement) on March 14, 2024. The successful Consultant and all subconsultants shall comply with all applicable federal and state laws, rules, regulations, policies or procedures including but not limited to the funding requirements of the Grant Agreement and all provisions, including government cost principles, uniform administrative requirements and audit requirements for federal grant programs, set forth in Title 2, Part 200 of the Code of Federal Regulations (CFR), Subpart F – Audit Requirements, incorporated herein by reference as though set forth in full text. The Grant Agreement is attached as Appendix A and incorporated herein by reference.

Consultant must include all language contained within the Grant Agreement in award documents for all subawards at all tiers. Consultants are bound by the Department of Homeland Security Standard Terms and Conditions 2022, Version 3 hereby incorporated by reference, which can be found at: FY 2022 DHS Standard Terms and Conditions.

RFP No. 25-007AS Section IV. “Project Description & Scope of Work” Professional Consulting Services - Special Operations Team: Continuity of Operations in Riverside and San Bernardino Counties
While it shall be Consultant’s sole responsibility to research and ensure compliance with all requirements of the Grant Agreement, for reference purposes only, such requirements include, but are not limited to:
a. Lobbying and Political Activities requirements (31 U.S.C. 1352 and 5 U.S.C. 1501- 1508) set forth in section 3 of the Standard Assurance for Cal OES Federal NonDisaster Grant Programs (Attachment A) of the Grant Agreement. As required, Consultant shall complete and return the anti-lobbying certification provided herein in Section V. of the RFP with their proposal and require the language in this certification be included in all subaward documents related to this project and that all subrecipients (subconsultants) shall certify and disclose accordingly. b. Debarment and Suspension requirements as required by Executive Orders 12549 and 12689, and 2 CFR 200.214 and codified in 2 CFR Part 180 set forth in section 4 of the Standard Assurance for Cal OES Federal Non-Disaster Grant Programs (Attachment A) of the Grant Agreement. As required, Consultant shall complete and return the debarment and suspension certification provided herein in Section V. of the RFP with their proposal and require the language in this certification be included in all subaward documents related to this project and that all subrecipients (subconsultants) shall certify and disclose accordingly
c. Non-Discrimation and Equal Employment Opportunity requirements set forth in section 5 of the Standard Assurance for Cal OES Federal Non-Disaster Grant Programs (Attachment A) of the Grant Agreement.
d. Drug-Free Workplace requirements set forth in section 6 of the Standard Assurance for Cal OES Federal Non-Disaster Grant Programs (Attachment A) of the Grant Agreement.
e. State and Federal Environmental Standards requirements set forth in section 7 of the Standard Assurance for Cal OES Federal Non-Disaster Grant Programs (Attachment A) of the Grant Agreement.
f. Audit requirements in accordance with Single Audit Act Amendments of 1996 and Title 2 of the CFR, Part 200, Subpart F Audit Requirements set forth in section 8 of the Standard Assurance for Cal OES Federal Non-Disaster Grant Programs (Attachment A) of the Grant Agreement.
g. Cooperation and Access to Records requirements set forth in section 9 of the Standard Assurance for Cal OES Federal Non-Disaster Grant Programs (Attachment A) of the Grant Agreement.
h. Conflict of Interest requirements set forth in section 10 of the Standard Assurance for Cal OES Federal Non-Disaster Grant Programs (Attachment A) of the Grant Agreement.

RFP No. 25-007AS Section IV. “Project Description & Scope of Work” Professional Consulting Services - Special Operations Team: Continuity of Operations in Riverside and San Bernardino Counties
i. Financial Management requirements set forth in section 11 of the Standard Assurance for Cal OES Federal Non-Disaster Grant Programs (Attachment A) of the Grant Agreement.
j. Reporting – Accountability requirements set forth in section 12 of the Standard Assurance for Cal OES Federal Non-Disaster Grant Programs (Attachment A) of the Grant Agreement.
k. Whistleblower Protections requirements set forth in section 13 of the Standard Assurance for Cal OES Federal Non-Disaster Grant Programs (Attachment A) of the Grant Agreement.
l. Human Trafficking requirements set forth in section 14 of the Standard Assurance for Cal OES Federal Non-Disaster Grant Programs (Attachment A) of the Grant Agreement.
m. Labor Standards requirements set forth in section 15 of the Standard Assurance for Cal OES Federal Non-Disaster Grant Programs (Attachment A) of the Grant Agreement. n. Worker's Compensation requirements set forth in section 16 of the Standard Assurance for Cal OES Federal Non-Disaster Grant Programs (Attachment A) of the Grant Agreement.
o. Property-Related requirements, as applicable, set forth in section 17 of the Standard Assurance for Cal OES Federal Non-Disaster Grant Programs (Attachment A) of the Grant Agreement.
p. Use of Cellular Device While Driving is Prohibited set forth in section 19 of the Standard Assurance for Cal OES Federal Non-Disaster Grant Programs (Attachment A) of the Grant Agreement.
q. Subject to California Public Records Act and Freedom of Information Act set forth in section 20 of the Standard Assurance for Cal OES Federal Non-Disaster Grant Programs (Attachment A) of the Grant Agreement.
r. Best Practices for Collection and Use of Personally Identifiable Information (PII) requirements set forth in section 23 of the Standard Assurance for Cal OES Federal Non-Disaster Grant Programs (Attachment A) of the Grant Agreement. s. Copyright requirements set forth in section 24 of the Standard Assurance for Cal OES Federal Non-Disaster Grant Programs (Attachment A) of the Grant Agreement.

RFP No. 25-007AS Section IV. “Project Description & Scope of Work” Professional Consulting Services - Special Operations Team: Continuity of Operations in Riverside and San Bernardino Counties
t. Duplication of Benefits requirements set forth in section 25 of the Standard Assurance for Cal OES Federal Non-Disaster Grant Programs (Attachment A) of the Grant Agreement.
u. Energy Policy and Conservation Act requirements set forth in section 26 of the Standard Assurance for Cal OES Federal Non-Disaster Grant Programs (Attachment A) of the Grant Agreement.
v. Federal Debt Status requirements set forth in section 27 of the Standard Assurance for Cal OES Federal Non-Disaster Grant Programs (Attachment A) of the Grant Agreement.
w. Fly America Act of 1974 set forth in section 28 of the Standard Assurance for Cal OES Federal Non-Disaster Grant Programs (Attachment A) of the Grant Agreement. x. Hotel and Motel Fire Safety Act of 1990 requirements set forth in section 29 of the Standard Assurance for Cal OES Federal Non-Disaster Grant Programs (Attachment A) of the Grant Agreement.
y. Non-supplanting Requirement requirements set forth in section 30 of the Standard Assurance for Cal OES Federal Non-Disaster Grant Programs (Attachment A) of the Grant Agreement.
z. Patents and Intellectual Property Rights requirements set forth in section 31 of the Standard Assurance for Cal OES Federal Non-Disaster Grant Programs (Attachment A) of the Grant Agreement.
aa. SAFECOM requirements set forth in section 32 of the Standard Assurance for Cal OES Federal Non-Disaster Grant Programs (Attachment A) of the Grant Agreement. bb. Terrorist Financing requirements set forth in section 33 of the Standard Assurance for Cal OES Federal Non-Disaster Grant Programs (Attachment A) of the Grant Agreement.
cc. Use of DHS Seal, Logo and Flags permission requirements set forth in section 36 of the Standard Assurance for Cal OES Federal Non-Disaster Grant Programs (Attachment A) of the Grant Agreement.

RFP No. 25-007AS Section V. “Proposal Content and Forms” Professional Consulting Services - Special Operations Team: Continuity of Operations in Riverside and San Bernardino Counties

SECTION V

PROPOSAL CONTENT AND FORMS
A. PRESENTATION
Proposals shall be specific to this project. Lengthy narrative is discouraged and presentation should be brief and concise.

1. Cover Letter
Proposals shall contain the following in a cover letter:
a. Identification of consultant, including name, address. telephone number; b. Proposed working relationship between consultant and subconsultants, if applicable;
c. Acknowledgment of receipt of all RFP addenda, if any; d. Name, title, address, telephone number and email address of consultant’s contact person during the proposal evaluation period;
e. A statement that the cost of printing, mileage, telephone, mailing and other expenses incidental to the performance of the main items of the special operations continuity of operations professional consulting services to be rendered are included in the hourly rates schedule of said fee proposal and that there will be no additional charges.
f. A statement to the effect that the proposal shall remain valid for a period of not less than 90 days from the date of submittal;
g. Signature of a person authorized to bind consultant to the terms of the proposal; and
h. Identification of proposed sub-consultants, including legal company name, and contact person’s name, address, phone number. Working relationship between Consultant and subcontractors, if applicable.
i. Complete disclosure of any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the Consultant or in which the Consultant has been judged guilty or liable Following the cover letter, proposals should address the following items in turn:

2. Qualifications, Related Experience and References
This section of the proposal should establish Consultant’s ability to satisfactorily perform the required work by reasons of: experience in performing work of a similar nature; demonstrated competence in the services to be provided; professional and educational qualifications, strength and stability of the firm, staffing capability, work

RFP No. 25-007AS Section V. “Proposal Content and Forms” Professional Consulting Services - Special Operations Team: Continuity of Operations in Riverside and San Bernardino Counties
load, record of meeting schedules on similar projects; and supportive client references.

Consultant shall:
a. Provide a brief profile of the firm, including the types of services offered, year founded, form of organization (corporation, partnership, sole proprietorship) number, size and location of offices and number of employees; b. Provide a general description of the firm’s financial condition; identify any conditions (e.g., bankruptcy, pending litigation, planned office closures, impending merger) that may impede consultant’s ability to complete the project;
c. Describe the firm’s experience in performing work of a similar nature to that described in this RFP, and highlight the participation in such work by the key personnel proposed for assignment to this project;
d. Identify sub-consultants by company name, address, contact person, telephone number, project function, and describe consultant’s experience working with each sub-consultant; and
e. Provide a minimum of 3 references from the projects cited as related experience. References shall include the name, title, address, telephone number, and email address of the person(s) at the client organization most knowledgeable about the work performed. Consultant may also supply references from other work not cited in this section as related experience.

3. Proposed Staffing and Project Organization
This section of the proposal should establish the qualifications and involvement of the proposed project staff. Consultant shall:
a. Describe your firm’s organization chart, identify who will have overall responsibility for the work, and include the lines of authority between team members up to the senior level. Provide education, experience and applicable professional credentials of proposed project staff.
b. Furnish brief resumes, not more than two pages, and at least three references, for key personnel.
c. Identify key personnel proposed to perform the work in the specified tasks and include major areas of sub-consultant work.
d. Include a project organization chart which clearly delineates communication/reporting relationships among the project staff. e. Provide education, experience, and applicable professional credentials of proposed subcontractors.
f. Include a statement that key personnel will be available to the extent proposed for the duration of the project acknowledging that no person designated as “key” to the project shall be removed or replaced without the prior written concurrence of the City.

RFP No. 25-007AS Section V. “Proposal Content and Forms” Professional Consulting Services - Special Operations Team: Continuity of Operations in Riverside and San Bernardino Counties

4. Work Plan
Consultant shall provide a narrative which addresses the Scope of Services and shows consultant’s understanding of the City’s needs and requirements. Consultant shall:
a. Describe the approach to completing the tasks specified in the Scope of Services.
b. Outline sequentially the activities that would be undertaken in completing the tasks and specify who would perform them.
c. Furnish a schedule for completing the tasks in terms of elapsed weeks from the commencement date.
d. Provide a resource estimate of labor resources, utilizing a table projecting the labor-hour allocation to the project by individual task. e. Identify methods that consultant will use to ensure quality control as well as budget and schedule control for the project.
f. Describe fully any deliverables that will be due un the contract, based on the Scope of Work.

Consultant may also propose enhancement or procedural or technical innovations to the Scope of Services which do not materially deviate from the objectives or required content of the project.

5. Exceptions/Deviations
State any exceptions to or deviations from the requirements of this RFP on the RFP Acknowledgement Form where indicated. Where Consultant wishes to propose alternative approaches to meeting the City’s technical requirements, these should be thoroughly explained. Consultants are cautioned that exceptions or deviations from RFP requirements may cause their proposal to be rejected as non-responsive.

6. Time Extensions
Time is of the essence for the work requested under this RFP, and there will be no time extensions for delays in the project. There is a strict performance period associated with the grant funding for this project.

7. Alternative Work Schedule
The Consultant should discuss the Project schedule and the ability to meet or exceed the milestones given. In the event it is determined that there are major deficiencies in the work schedule or that the work can be accomplished in less time, an alternative work schedule may be submitted along with an appropriate explanation in the Schedule Section of the proposal. City is under no obligation to consider such an alternative schedule.

RFP No. 25-007AS Section V. “Proposal Content and Forms” Professional Consulting Services - Special Operations Team: Continuity of Operations in Riverside and San Bernardino Counties

8. Labor Hour Estimate and Fee Proposal
Consultants are to submit a fee proposal with their technical proposal. The fee proposal must be submitted as a separate file and uploaded into PlanetBids as the Cost File. The fee proposal must not be included within the Technical Proposal file. After ranking of the consultants by qualifications, the City will review the cost proposal submitted by highest-ranked consultant and begin negotiations. If agreement cannot be reached, then negotiations proceed to the next most qualified consultant. The goal of negotiations is to agree on a final contract that delivers the services, or products required at a fair and reasonable cost to the City. Consultant shall provide the following in their fee proposal:
a. An hourly rate schedule (labeled as Exhibit “C” Compensation) and an hourly cost breakdown by task showing labor hours, hourly labor rates, and fees by task.
b. A total “Maximum Not-to Exceed” fee for all services to be rendered and all materials to be furnished.

Items typically negotiated include:
a. Work plan
b. Schedule and deadlines
c. Products to be delivered
d. Classification, wage rates, and experience level of personnel to be assigned e. Cost items, payments, and fees

9. Appendices
Information considered by Consultant to be pertinent to this Project and which has not been specifically solicited in any of the aforementioned sections may be placed in a separate appendix section. Consultants are cautioned, however, that this does not constitute an invitation to submit large amounts of extraneous materials; appendices should be relevant and brief.

10. Insurance
Consultants shall submit evidence of ability to provide insurance in the amounts and with coverages as required in the attached Professional Services Agreement.

B. LICENSING AND CERTIFICATION REQUIREMENTS
By submitting a proposal, Consultant warrants that any and all licenses and/or certifications required by law, statute, code or ordinance in performing under the scope and specifications of this RFP are currently held by Consultant and are valid and in full force and effect.

Copies or legitimate proof of such licensure and/or certification should be included in

RFP No. 25-007AS Section V. “Proposal Content and Forms” Professional Consulting Services - Special Operations Team: Continuity of Operations in Riverside and San Bernardino Counties
Consultant's proposal. Proposals lacking copies and/or proof of said licenses and/or certifications may be deemed non-responsive and may be rejected.

C. RFP ACKNOWLEDGMENT FORM/PAYMENT TERMS
Consultant shall complete the RFP Acknowledgment Form in its entirety. Unless discount terms are offered, payment terms shall be “Net 30 Days”. Payment due dates, including discount period, will be computed from date of City acceptance of the required services or of a correct and complete invoice, whichever is later, to the date City’s check is mailed.

Consultant shall include in all monthly invoices the running total of the amount billed to the City and the remaining contract balance.

D. NON-COLLUSION DECLARATION/AGREEMENT ACKNOWLEDGMENT
Consultant shall complete and sign the Non-Collusion Declaration and Acknowledgment of the City of Corona Agreement on the following pages and submit with its proposal.

E. PROPOSAL CHECKLIST
 Cover Letter
 Technical Proposal
 Non-Collusion Declaration
 Acknowledgment of the Terms and Conditions of the City of Corona Professional Services Agreement
 Acknowledgement of Insurance Requirements Check Sheet  Completed Insurance Requirements Check List
 Sample Insurance Certificate
 Consultant’s Statement of Past Contract Disqualifications  RFP Acknowledgment Form
 Acknowledgment of Vendor Performance Evaluation Form
 Fee Proposal (submitted as a separate document from the proposal file)  Anti-Lobbying Certification (31 U.S.C. 1352) Form
 Debarment and Suspension Certification Executive Orders 12549 and 12689 Form

RFP No. 25-007AS Section V. “Proposal Content and Forms” Professional Consulting Services - Special Operations Team: Continuity of Operations in Riverside and San Bernardino Counties
PARTY SUBMITTING PROPOSAL: ______________________

NON-COLLUSION DECLARATION
(TO BE EXECUTED BY CONSULTANT AND SUBMITTED WITH PROPOSAL) The undersigned declares:

I am the _________________________________________________ [title] of ___________________________________ [proposer], the party making the foregoing bid.

The proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The proposal is genuine and not collusive or a sham. The proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham bid. The proposer has not directly or indirectly colluded, conspired, plotted, or agreed with any proposer or anyone else to put in a sham bid, or to refrain from submitting a proposal. 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 other proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer. All statements contained in the proposal are true. 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, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a proposer that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the proposer.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________________ [date], at ________________________________ [city], _________________________[state]. ____________________________________
Signature
____________________________________
Typed or Printed Name
____________________________________
Title
____________________________________
Party Submitting Proposal

RFP No. 25-007AS Section V. “Proposal Content and Forms” Professional Consulting Services - Special Operations Team: Continuity of Operations in Riverside and San Bernardino Counties

ACKNOWLEDGMENT OF THE TERMS AND CONDITIONS OF THE CITY OF

CORONA PROFESSIONAL SERVICES AGREEMENT
This is to acknowledge that we have read the City of Corona Professional Services Agreement and will sign the Agreement, as presented, without exception, for the City’s RFP No. 25-007AS. ______________________________________________________________________________ (Firm Name)
______________________________________________________________________________ (Print name and title of person signing for firm)
______________________________________________________________________________ (Signature/Date)

RFP No. 25-007AS Section V. “Proposal Content and Forms” Professional Consulting Services - Special Operations Team: Continuity of Operations in Riverside and San Bernardino Counties

ACKNOWLEDGMENT OF THE INSURANCE REQUIREMENTS CHECK SHEET (To be Completed and Submitted with Consultant’s Proposal) All applicable insurance requirements to this RFP are identified with a ‘YES’ under the “Applicable to Vendor” column on the RFP Insurance Requirements Check List.

Consultant acknowledges that we have reviewed the City of Corona Insurance Requirements Check Sheet and understand that we will be able to provide the insurance coverage required. A sample certificate of insurance is enclosed for the City’s preliminary review. _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ __________________________________________________________________________ (Firm Name)
__________________________________________________________________________ (Print name and title of person signing for firm)
__________________________________________________________________________ (Signature/Date)

RFP No. 25-007AS Section V. “Proposal Content and Forms” Professional Consulting Services - Special Operations Team: Continuity of Operations in Riverside and San Bernardino Counties
City of Corona
RFP No. 25-007AS Insurance Requirements Check List
(To be Completed and Submitted with Consultant’s Proposal) All applicable insurance requirements are identified with a ‘YES’ under the “Applicable to Vendor” column. Indicate Yes or No below if you are able to comply with the requirement.

YES NO
Applicable
to Vendor
Can your company provide General Liability - $1M occurrence/$2M aggregate? YES Can your company provide Automobile Liability - $1M? YES Can your company provide Workers Compensation and Employer's Liability - $1M? YES Can your company provide Errors and Omissions (Professional) Liability Insurance - $1M per claim or occurrence/$2M aggregate? YES
Can your company provide Technology Professional Errors and Omissions Liability Insurance - $2M occurrence or $2M aggregate?
Not
Applicable
Can your company provide Builders'/All Risk for the completed value of the project naming the City as the loss payee?
Not
Applicable
Can your company provide Contractor’s Pollution Liability and Transportation Pollution Liability with minimum limits of $1 million/$2 million with a primary Additional Insured endorsement?
Not
Applicable
Can your company provide coverage with an insurer with a current A.M. Best’s rating no less than (A-):VII and licensed as an admitted insurance carrier in California? YES Can your company provide coverage with an insurer with a current A.M. Best’s rating no less than (A-):X and authorized to issue the required policies in California? YES Will your insurance policies have a (30) days' notice of cancellation endorsement? YES If your firm is unable to provide a (30) day notice of cancellation will your firm sign a City provided statement that the Vendor shall notify the City within two business days any notice of cancellation? YES
Does your insurance have any deductibles and/or self-insurance retentions? YES Insurance Endorsements
General Liability
YES NO
Applicable to
Vendor
(Occurrence form CG 0001) YES
Will your company provide an insurance policy that states the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to liability arising out of work or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection therewith? YES Will your company provide an insurance policy that states any person or organization whom you have agreed to include as an additional insured under a written contract? provided such contract was executed prior to the date of loss? YES Can your company provide Completed Operations as evidenced with the following endorsements? YES
Endorsement form CG 20 10 11 85 OR YES
CG 20 37 and one of the following YES
CG 20 10 YES
CG 20 26

RFP No. 25-007AS Section V. “Proposal Content and Forms” Professional Consulting Services - Special Operations Team: Continuity of Operations in Riverside and San Bernardino Counties
CG 20 33
CG 20 38
Will your company provide a General Liability endorsement stating that the insurance coverage shall be primary any City insurance will be in excess of the consultant’s insurance and will not be called upon to contribute Endorsement Form shall be as broad as CG 20 01 04 13? YES
Automobile Liability
YES NO
Applicable to
Vendor
Does your insurance cover Owned automobiles with Form number CA 0001 code 1 (Any Auto)? YES
If your company does not have owned automobiles, does your insurance cover No owned autos Code 8 (hired) and 9 (non-owned)? YES
Workers' Compensation
YES NO
Applicable to
Vendor
Will your company provide a waiver for all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work or Services performed by the Consultant? YES
Will your company provide a Waiver of Subrogation – All Other Policies. Consultant hereby waives all rights of subrogation any insurer of Consultant’s may acquire against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of any insurance policy which arise from work or Services performed by the Consultant? YES
Use the space below to explain any "NO" responses.

RFP No. 25-007AS Section V. “Proposal Content and Forms” Professional Consulting Services - Special Operations Team: Continuity of Operations in Riverside and San Bernardino Counties
CONSULTANT’S STATEMENT OF PAST CONTRACT DISQUALIFICATIONS Consultant is required to state any and all instances of being disqualified, removed, or otherwise prevented from submitting a proposal, or completing any contracts for similar services as detailed in RFP No. 25-007AS.

1. Have you ever been disqualified from any contract? (circle one) Yes No

2. If yes, explain the circumstances:
________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ __________________________________________
(Firm Name)
__________________________________________
(Print name and title of person signing for firm)
__________________________________________
(Signature/Date)

RFP No. 25-007AS Section V. “Proposal Content and Forms” Professional Consulting Services - Special Operations Team: Continuity of Operations in Riverside and San Bernardino Counties
Vendor Performance Evaluation Form
Department: Division:

Prepared By: Title:

Vendor Name: P. O. #:

Contract Amount: $ Change Order Amount: $
Project Name:

Description of Project:

Date Prepared:

Performance Evaluation Period: (select one)
Weekly Monthly Quarterly Annually Other
Vendor Category: (select one)
General and Maintenance Services -
Commercial services provided on a frequent
basis such as catering, lawn service, general
maintenance, or cleaning.

Professional Service - unique, technical,
and/or infrequent functions performed by an
independent consultant/vendor qualified by
education, experience, and/or technical
ability to provide services.

Products - a supplier of a tangible object that
is manufactured or refined for sale.

Software - a supplier of technology
infrastructure or any license/maintenance
based, or cloud based software, requiring
access to the City’s information technology
system.

Evaluation Score Range and Criteria Factors

EXCELLENT
ABOVE

AVERAGE AVERAGE
BELOW

AVERAGE UNSATISFACTORY
5 (4.50-5.00) 4 (3.20-4.49) 3 (2.60-3.19) 2 (1.81-2.59) 1 (1.00-1.80)

1. Quality of Goods and Services: A measure to determine if the goods/ service received met the quality desired.

2. Quality of Work Performed: A measure to determine if the actual performed met the quality desired.

3. Timeliness of Delivery of Goods: A measure to determine if the goods delivered met (at minimum) the date specified to the vendor.

4. Compliance with Law and Regulations: A measure to determine if the supplier adhered to compliance law and regulations related to the nature of work or product delivered.

5. Safety and Protection: A measure to determine if the supplier followed all safety precautions and wore the appropriate protection gear to perform the service.

6. Appropriate of Tools/Technology: A measure to determine if the vendor provided tools/technology that aligned with requirements.

RFP No. 25-007AS Section V. “Proposal Content and Forms” Professional Consulting Services - Special Operations Team: Continuity of Operations in Riverside and San Bernardino Counties

7. Customer Service: How knowledgeable was the vendor regarding the product or service, was the vendor proactive in addressing City staff problems or concerns regarding the product or service.

8. Overall Timeliness of Invoices: Invoices for payment were submitted on a timely basis reflective to the contract.

9. Overall accuracy of Invoices: Invoices for payment were accurate and complete, covering the Work completed as of the date of the Application, inclusive of all required attachments and backup data
For each category identified below, enter the score (1 – 5) with 1 being unsatisfactory and 5 being excellent Evaluation Criteria Evaluation Score

1. Quality of Goods and Services 5 4 3 2 1

2. Quality of Work Performed 5 4 3 2 1

3. Timeliness of Delivery of Goods 5 4 3 2 1

4. Compliance with Law and Regulations 5 4 3 2 1

5. Safety and Protection 5 4 3 2 1

6. Appropriate of Tools/Technology 5 4 3 2 1

7. Customer Service 5 4 3 2 1

8. Overall Timeliness of Invoices 5 4 3 2 1

9. Overall accuracy of Invoices 5 4 3 2 1
EXAMPLE:

OVERALL EVALUATION SCORE 4.89

OVERALL EVALUATION RATING EXCELLENT

RFP No. 25-007AS Section V. “Proposal Content and Forms” Professional Consulting Services - Special Operations Team: Continuity of Operations in Riverside and San Bernardino Counties

ACKNOWLEDGMENT OF THE VENDOR PERFORMANCE EVALUATION FORM This is to acknowledge that we have read the City of Corona Vendor Performance Evaluation Form and understand a version of this type of form will be used to provide the basis for periodic assessments by the City to establish contract performance metrics. ______________________________________________________________________________ (Firm name)
______________________________________________________________________________ (Print name and title of person signing for firm)
______________________________________________________________________________ (Signature/date)

RFP No. 25-007AS Section V. “Proposal Content and Forms” Professional Consulting Services - Special Operations Team: Continuity of Operations in Riverside and San Bernardino Counties

FEDERAL FORMS ON

FOLLOWING PAGES
To be completed and returned with Consultant’s Proposal

RFP No. 25-007AS Section V. “Proposal Content and Forms” Professional Consulting Services - Special Operations Team: Continuity of Operations in Riverside and San Bernardino Counties
ANTI-LOBBYING CERTIFICATION (31 U.S.C. 1352)
The undersigned certifies, to the best of his or her knowledge and belief, that:

No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.”
Consultant certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, Consultant understands and agrees that the provisions of 31 U.S.C.

Chapter 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.

Signature
Type or Print Name
Title
Consultant’s Name
Date

RFP No. 25-007AS Section V. “Proposal Content and Forms” Professional Consulting Services - Special Operations Team: Continuity of Operations in Riverside and San Bernardino Counties

DEBARMENT AND SUSPENSION CERTIFICATION
EXECUTIVE ORDERS 12549 AND 12689
The undersigned certifies, to the best of his or her knowledge and belief, that neither it nor its principals nor any of its subconsultants and subcontractors:
a) Are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation by any Federal department or agency or by the State of California;
b) Have not within a three-year period preceding this certification have been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated above; and
d) Have not within a three-year period preceding this certification had one or more public transactions (Federal, State or local) terminated for cause or default.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Consultant agrees to comply with the requirements of 2 C.F.R. 180 while the contract is valid and agrees to include a provision requiring such compliance in its lower tier covered transactions.

Signature
Type or Print Name
Title
Consultant’s Name
Date

RFP No. 25-007AS Section VI. “RFP Acknowledgment”
Professional Consulting Services - Special Operations Team: Continuity of Operations in Riverside and San Bernardino Counties
SECTION VI.

RFP ACKNOWLEDGMENT
REQUEST FOR PROPOSALS: RFP NO. 25-007AS
DESCRIPTION OF WORK: Professional Consulting Services - Special Operations Team:

Continuity of Operations in Riverside and San Bernardino Counties
CONSULTANT’S NAME/ADDRESS:

NAME/TELEPHONE NO. OF

AUTHORIZED REPRESENTATIVE
Please indicate any elements of the Technical Specifications which cannot be met by your firm.

Have you included in your proposal all requested informational items and forms? Yes / No (circle one). If you answered “No”, please explain:

Are you on the list of ineligible bidders or have you been or are you on any federal list of debarred or suspended bidders? Yes / No. (circle one)
This offer shall remain firm for 90 days from RFP close date.

Terms and conditions as set forth in this RFP apply to this proposal.

RFP No. 25-007AS Section VI. “RFP Acknowledgment”
Professional Consulting Services - Special Operations Team: Continuity of Operations in Riverside and San Bernardino Counties
Unless otherwise stated, payment terms are: Net thirty (30) days.

In signing this proposal, Consultant warrants that all certifications and documents requested herein are attached and properly completed and signed.

From time to time, the City may issue one or more addenda to this RFP. Below, please indicate all Addenda to this RFP received by your firm, and the date said Addenda was/were received.

Verification of Addenda Received
Addenda No: __________ Received on: _____________________ Addenda No: __________ Received on: _____________________ Addenda No: __________ Received on: _____________________ AUTHORIZED SIGNATURE:

PRINT SIGNER’S NAME AND TITLE:

DATE SIGNED:

COMPANY NAME & ADDRESS:

PHONE: EMAIL:

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RFP No. 25-007AS
Professional Consulting Services - Special Operations Team: Continuity of Operations in Riverside and San Bernardino Counties
(CITY ATTY: 05-19)
SECTION VII.

FORM OF AGREEMENT

CITY OF CORONA

PROFESSIONAL SERVICES AGREEMENT
WITH [***INSERT NAME***]
(PROFESSIONAL CONSULTING SERVICES - SPECIAL OPERATIONS TEAM: CONTINUITY OF OPERATIONS IN RIVERSIDE AND SAN BERNARDINO COUNTIES, RFP 25-007AS)

1. PARTIES AND DATE.

This Agreement is made and entered into this [***INSERT DAY***] day of [***INSERT MONTH***], [***INSERT YEAR***] (“Effective Date”) by and between the City of Corona, a municipal corporation organized under the laws of the State of California with its principal place of business at 400 South Vicentia Avenue, Corona, California 92882 (“City”) and [***INSERT NAME***], a [***[INSERT TYPE OF ENTITY - CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITY]***] with its principal place of business at [***INSERT ADDRESS***] (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional consulting services for special operations continuity of operations to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such services for the Special Operations Team: Continuity of Operations in Riverside and San Bernardino Counties, RFP 25-007AS project (“Project”) as set forth in this Agreement.

2.3 Corona Utility Authority.

Consultant understands that the City has entered into a Water Enterprise Management Agreement and a Wastewater Enterprise Management Agreement, both dated as of February 6, 2002, with the Corona Utility Authority (“CUA”) for the maintenance, management and operation of those utility systems (collectively, the “CUA Management Agreements”). To the extent that this Agreement is deemed to be a "material contract" under either of the CUA Management Agreements, City enters into this Agreement on behalf of the CUA and subject to the terms of the applicable CUA Management Agreement(s).

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the Professional Consulting Services for Special Operations Team Continuity of Operations in Riverside and San

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Bernardino Counties necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules, and regulations.

3.1.2 Term. The term of this Agreement shall be from [***INSERT START DATE***] to [***INSERT ENDING DATE***] (“Term”), unless earlier terminated as provided herein. Consultant shall complete the Services within the Term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the Term of this Agreement one or more times by executing a written amendment pursuant to Section 3.6.8 below (each a “Renewal Term”). The terms “Term” and “Renewal Term” may sometimes be generally and collectively referred to as “Term” in this Agreement.

3.2 Responsibilities of Consultant.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the Term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.2.2 Schedule of Services. Consultant shall perform the Services within the Term of this Agreement, in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference, and in accordance with any other completion schedule or milestones which may be separately agreed upon in writing by the Parties. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant’s conformance with the Schedule, City shall respond to Consultant’s submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements. All Services performed by Consultant shall be subject to the approval of City.

3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: [***INSERT NAMES***].

3.2.5 City’s Representative. The City hereby designates Brian Young, Fire Chief, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.6 Consultant’s Representative. Consultant hereby designates [***INSERT NAME OR TITLE***], or his or her designee, to act as its representative for the performance of this Agreement (“Consultant’s

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Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.

3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant agrees that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the Term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.9 Laws and Regulations; Employee/Labor Certifications. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work or Services knowing them to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.9.1 Employment Eligibility; Consultant. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant.

Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the Term of the Agreement. Consultant shall avoid any violation of any such law during the Term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant’s compliance with the requirements provided for in Section 3.2.9 or any of its sub-sections.

3.2.9.2 Employment Eligibility; Subcontractors, Consultants, Sub-subcontractors and Subconsultants. To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub-subcontractors and subconsultants performing any work or Services relating to the

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Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.9.1.

3.2.9.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, sub-subcontractors or subconsultants to meet any of the requirements provided for in Sections 3.2.9.1 or 3.2.9.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section 3.2.9.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

3.2.9.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.2.9.5 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.2.9.6 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Consultant shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel-powered engine. Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.

3.2.10 Insurance.

3.2.10.1 Time for Compliance. Promptly following the Effective Date of this Agreement, but in no event before Consultant commences any Services under this Agreement, Consultant shall provide evidence satisfactory to the City that it has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.

3.2.10.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subconsultants. Consultant shall also require all of its subconsultants to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned);

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and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.
(B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 minimum; per occurrence for bodily injury, personal injury, advertising injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 minimum; per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California.

Employer’s Liability limits of $1,000,000 minimum; per accident for bodily injury or disease.

3.2.10.3 Professional Liability. Consultant shall procure and maintain, and require its subconsultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.

3.2.10.4 Insurance Endorsements. The insurance policies shall contain or be endorsed (amended) to include the following provisions:
(A) General Liability. The general liability policy shall state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to liability arising out of work or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection therewith (the endorsement form shall be at least as broad as ISO Form CG 20 10 11 85 or both CG 20 37 and one of the following: CG 20 10, CG 20 26, CG 20 33 or CG 20 38); and (2) the insurance coverage shall be primary insurance coverage as respects the City, its directors, officials, officers, employees, agents, and volunteers (the endorsement form shall be at least as broad as ISO CG 20 01 04 13). Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. (B) Waiver of Subrogation – Workers’ Compensation and Employer’s Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work or Services performed by the Consultant.
(C) All Coverages. If Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City is entitled to the broader coverage and/or higher limits maintained by Consultant. Thus, any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

3.2.10.5 Other Provisions; Endorsements Preferred. Consultant shall endeavor to provide endorsements regarding the following provisions, but nonetheless understands, acknowledges and agrees that the following provisions shall apply and that failure to comply shall be considered to be a breach of this Agreement by Consultant:
(A) Waiver of Subrogation – All Other Policies. Consultant hereby waives all rights of subrogation any insurer of Consultant’s may acquire against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of any insurance policy which arise from work or Services performed by the Consultant. Consultant understands, acknowledges and agrees that this provision is in full force and effect even if the City does not receive a waiver of subrogation endorsement from the insurer. (B) Notice. Consultant shall either: (1) require its insurer to provide thirty (30) days prior written notice to the City before coverage is suspended, voided, or canceled; or (2) notify City in

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writing that such notice is not available and forward any notice of such actions to the City within two (2) business days from date of receipt by Consultant. Consultant understands, acknowledges and agrees that this provision is in full force and effect even if the City does not receive a waiver of subrogation endorsement from the insurer.

3.2.10.6 Claims Made Policies. The following provisions shall apply to all policies that provide coverage on a claims-made basis: (A) the retroactive date must be shown and must be before the date on which any Services under this Agreement commence; (B) the insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Project; and (C) if coverage is canceled or not renewed and is not replaced with another claims-made policy with a retroactive date prior to the date on which any Services under this Agreement commence, Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Project.

3.2.10.7 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigation, claims administration and defense expenses within the deductible or self-insured retention. The deductible or self-insured retention may be satisfied by either the named insured or the City.

3.2.10.8 Acceptability of Insurers. Unless under the circumstances a different rating is otherwise acceptable to the City in its sole and absolute discretion, insurance is to be placed with insurers which are satisfactory to the City and which meet either of the following criteria : (1) an insurer with a current A.M. Best’s rating no less than A-:VII and licensed as an admitted insurance carrier in California; or (2) an insurer with a current A.M.

Best’s rating no less than A-:X and authorized to issue the required policies in California.

3.2.10.9 Verification of Coverage. Consultant shall furnish City with original certificates of insurance, as well as amendatory endorsements or copies of the applicable policy language effecting coverage required by this Agreement. All documents must be received and approved by the City before any Services commence; provided, however, that failure to obtain the required documents prior to the commencement of Services shall not waive Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.2.10.10 Reporting of Claims. Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.

3.2.10.11 Sub-Consultants. All sub-consultants shall comply with each and every insurance provision of this Section 3.2.10. Consultant shall therefore not allow any sub-consultant to commence work on any subcontract to perform any part of the Services until it has provided evidence satisfactory to the City that the sub-consultant has secured all insurance required under this Agreement.

3.2.10.12 Special Risk or Circumstances. The City reserves the right, in its sole and absolute discretion, to modify the requirements of this Section 3.2.10, including limits, based on any of the following: (A) the nature of the risk of the Services; (B) the prior experience of the insured; (C) the rating or other quality or characteristic of the insurer; (D) any special or unique coverage issues; and (E) any other special or unique circumstances.

3.2.11 Safety. Consultant shall execute and maintain its work and Services so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Services and the conditions under which the Services are to be performed.

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3.2.12 Payment Bond. The California Department of Industrial Relations (“DIR”) has communicated to the City that there is a possibility that a payment bond may be required for certain services provided in connection with a public works project. Since such a requirement is currently contrary to the industry standard for the services provided by Consultant under this Agreement and since there is no direct legal authority for this position, the City is not requiring Consultant to provide a payment bond at this time. However, the City hereby reserves the right to require the Consultant to obtain and provide a payment bond for some or all of the services provided by the Consultant under this Agreement.

If the City determines that a payment bond is required for the services pursuant to Civil Code Section 9550 or any other applicable law, rule or regulation, Consultant shall execute and provide to City a payment bond in an amount required by the City and in a form provided or approved by the City. In the event a payment bond is required, the City agrees to compensate Consultant for all documented direct costs incurred by Consultant for such payment bond. The Parties shall memorialize the terms of such additional compensation and any other terms and conditions associated with the payment bond in an amendment to this Agreement.

3.2.13 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.3 Fees and Payments.

3.3.1 Rates & Total Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation, including authorized reimbursements, shall not exceed [***INSERT WRITTEN DOLLAR AMOUNT***] ($[***INSERT NUMERICAL DOLLAR AMOUNT***]) (“Total Compensation”), without written approval of City’s Representative. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 30 days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.4 Extra Work. At any time during the Term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

3.3.5 Prevailing Wages. Consultant is aware of the requirements of Chapter 1 (beginning at Section 1720 et seq.) of Part 7 of Division 2 of the California Labor Code, as well as Title 8, Section 16000 et seq. of the California Code of Regulations (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects.If the Services involve federal funds or otherwise require compliance with the Davis-Bacon Fair Labor Standards Act, the Consultant and its subconsultants shall comply with the higher of the state or federal prevailing wage rates, and the “Prevailing Wage Laws” shall be deemed to include such federal wages laws. If the Services are being performed as part of an applicable