Exhibit 1 — Santa Ana City Council, November 7, 2023

REQUEST FOR PROPOSAL NO. 23-090A
FOR

GANG PREVENTION & INTERVENTION PROGRAM

SERVICES

CITY OF SANTA ANA
KEY RFP DATES: The schedule below is tentative and subject to change at the discretion of the City, with appropriate notice to prospective Proposers.

Issue Date:

Mandatory Pre-Proposal Meeting:

Deadline for Questions:

Proposal Due Date:

Thursday, June 1, 2023
Tuesday, June 13, 10:00 A.M.

Thursday, June 15, 2023, 4:00 P.M.

Thursday, June 29, 2023, 4:00 P.M.

EXHIBIT 1

TABLE OF CONTENTS
I. BACKGROUND ........................................................................................................................... 3 II. MANDATORY PRE-PROPOSAL MEETING ................................................................................ 3 III. OVERVIEW OF PROJECT .......................................................................................................... 3 IV. SCOPE OF SERVICES ............................................................................................................... 5 V. TERM OF AGREEMENT ............................................................................................................. 7 VI. MINIMUM QUALIFICATIONS ...................................................................................................... 7 VII. RESPONSE TO RFP .................................................................................................................. 7 VIII. CERTIFICATIONS (ATTACHMENTS) ....................................................................................... 12 IX. REFERENCES .......................................................................................................................... 12 X. MINIMUM SCOPE OF AND LIMIT OF INSURANCE ................................................................. 12 XI. EXCEPTIONS ........................................................................................................................... 14 XII. SELECTION PROCEDURES & CRITERIA ............................................................................... 14 XIII. WITHDRAWALS........................................................................................................................ 17 XIV. PROTESTS ............................................................................................................................... 17 XV. GENERAL TERMS AND CONDITIONS .................................................................................... 18 XVI. AWARD OF AGREEMENT ........................................................................................................ 23 XVII. IMPLEMENTATION ................................................................................................................. 23

EXHIBITS
Exhibits provided herein for Proposers’ reference only.

EXHIBIT I – Scope of Services
EXHIBIT II – Sample Agreement
EXHIBIT III – Sample Commitment to Enter Into Memorandum of Understanding with the Santa Ana Work Center
EXHIBIT IV – Federal Regulations

ATTACHMENTS
A PROPOSER’S CERTIFICATION, PROPOSAL ITEM PRICING

B REFERENCES
C PROPOSER’S STATEMENT

D NON-COLLUSION AFFIDAVIT

E NON-LOBBYING CERTIFICATION

F NON-DISCRIMINATION CERTIFICATION
G SAM.GOV UNIQUE ENTITY ID (UEI)
EXHIBIT 1

CITY OF SANTA ANA
I. BACKGROUND
Incorporated in 1886, Santa Ana, a Charter City, established a Council-Manager form of government in 1952. The City Council is composed of seven members; the Mayor elected at large and six Council members elected by ward, who appoint the City Manager, City Attorney, and Clerk of the Council. The City of Santa Ana (City) is a full-service City with a diverse population of approximately 335,000.

The City’s eleven agencies provide all the traditional municipal services, as well as a water utility, library system, 20-acre zoo, City Jail, Police Department, and contracts with the Orange County Fire Authority for provision of fire services. The City employs 1,178 authorized full-time positions and has an annual citywide budget is $646 million, including the General Fund budget of $316 million.

The City of Santa Ana is located 10 miles inland from the Pacific Ocean, 33 miles southeast of Los Angeles, and 90 miles north of San Diego. The City, which is the county seat of Orange County, encompasses an area of approximately 27 square miles and is the 11th largest by population in California.

II. MANDATORY PRE-PROPOSAL MEETING
A mandatory virtual pre-proposal meeting will be held on the date and time specified on the coverpage of this RFP.

Failure to attend this meeting shall result in your firm being disqualified from proposing.

Top
ic: City of Santa Ana RFP No. 23-090A: Gang Prevention & Intervention Services Time: Jun 13, 2023 10:00 AM Pacific Time (US and Canada) Join Zoom Meeting Link:
https://zoom.us/j/93525132537?pwd=WXhiYkZWdXkreHlZVGs2a1krbGNydz09 Meeting ID: 935 2513 2537
Passcode: 849769
One tap mobile
+16694449171,,86175764261#,,,,*459189# US
+17207072699,,86175764261#,,,,*459189# US (Denver)
III. OVERVIEW OF PROJECT
The City of Santa Ana (City) is seeking proposals from qualified firms (Proposers) to promote a proactive preventative approach to addressing concerns with at-risk youth and gang activity. The City of Santa Ana is seeking to partner with one or several organizations to create a multifaceted, gang prevention and intervention program utilizing trauma-informed care.

The program shall provide prioritized gang prevention and intervention services through the use and understanding of best practices, trauma-informed outreach, and care. Successful applications shall also provide mental health and trauma care resources to youth and their families who have suffered or are suffering from trauma associated with gang violence.

City of Santa Ana
RFP No. 23-090A

Page 1 of 47 ends

EXHIBIT 1

CITY OF SANTA ANA
The core of the program shall be a direct service(s) delivery to high-risk youth ages 10-24. The program's focus is to provide a pathway to healing and empower the community to reduce fears and concerns related to gang activity, by proactively addressing issues associated with at-risk youths and strengthening the family unit; the foundation of the community.

The successful Proposer(s) must be a community-based organization. Both nonprofit and for- profit organizations are eligible to apply, either individually or in partnership with other entities.

The Proposer(s) must be experienced or knowledgeable in providing street outreach & engagement, gang-related & trauma-induced counseling, and experience working with at-risk youths and their families.

The selected Proposer(s) must have a demonstrated history of working cooperatively with community and law enforcement agencies in various aspects of Gang Prevention, Mental Health Services, and Trauma Care and possess the ability to connect individuals to the necessary supportive services. Organizations that can demonstrate the capability to utilize additional funding sources to augment their proposed project, and/or can show past or active engagement as it pertains to the scope of this RFP within Santa Ana will receive additional points in the scoring of the RFP.

Successful applicants shall demonstrate their knowledge and proposed use of best practice concepts to successfully achieve completion of project goals.

The funding in this RFP is not guaranteed, as the availability of such funding is subject to change at any time. The City of Santa Ana makes no guarantee of the availability of the proposed funding for any particular applicant or project. The submission of a proposal in response to this RFP does not commit the City to provide any funding to a proposed project.

The term “Vendor”, “Proposer”, and “Contractor” shall refer to any legal entity or entities submitting a proposal in response to this Request for Proposals (RFP) and are used interchangeably.

Priorities and Objectives:

The
City is interested in actioning the following priorities through this RFP:
(1) Provide resources to at-risk youth to deter gang involvement. (2) Administer resources, support, and community networking pathways that lead to effective programs and services that lead to success in education. (3) Provide re-entry services to individuals returning from incarceration, that were involved in gang activity prior to incarceration, or who are susceptible to engage in gang activity upon their release.
(4) Create opportunities such as employment opporutinites, job & skils training, mentorship, report building with community leaders, and identify oporrotunities for enhancement for those already involved or likely to be involved in gangs, as well as, provide trauma- informed care to the families of active gang members.
(5) Implement trauma-informed care to families impacted by gang activity. (6) Provide mental health resources to youth and families impacted by gang activity.

City of Santa Ana
RFP No. 23-090A

Page 2 of 47 ends

EXHIBIT 1

CITY OF SANTA ANA

Available Funds for this RFP:

The funds for this RFP can be awarded to one (1) or more organizations that include funds available in the American Rescue/Revive Santa Ana Plan.

Available program funds may be used to combat the increase of violence, especially amongst and towards community youth members; and to support public health and safety expenditures for mental health resources and trauma-informed care for the following eligible purposes:

(1) Foster a safe environment for residents and visitors while reducing crime and addressing the impacts of COVID-19 on our health and quality of life. (2) Administer direct resources to residents that have been constrained as a direct result of the pandemic.

Please refer to the 2022 Revive Santa Ana Annual Report for more information:
https://www.santa-ana.org/city-of-santa-ana-releases-the-2022-revive -Santa-Ana-annual- report/

As of the date of issuance, the available funds for this RFP are not expected to exceed the amount below and are intended to be as follows, (subject to change):

American Rescue Plan Act Funds (ARPA) $800,000

Available funds can be used for a variety of program types and preferences. Please see the table below for the general allowable uses of funds for each source; a more detailed description of the eligible uses for each source will be provided in the Scope of Services.

Source of Funds
Outreach &
Engagement
Trauma-
Informed Care
Gang
Prevention &
Intervention
Mental Health
Resources

ARPA X X X X

IV. SCOPE OF SERVICES
SEE EXHIBIT 1 - SCOPE OF SERVICES

Usage is not guaranteed. Execution of an agreement between the City and successful firm(s) and/or individual(s) does not guarantee work throughout the duration of the contract period.

Numerous factors will be evaluated by the City in its delivery of project and assignments, including technical expertise required.

City of Santa Ana
RFP No. 23-090A

Page 3 of 47 ends

EXHIBIT 1

CITY OF SANTA ANA

A. GENERAL INFORMATION

1. Following the RFP Process and conditional on meeting other requirements and conditions, a pre-award commitment letter may be drafted by the Homeless Services Division, reviewed and approved by the City Attorney’s Office and the Executive Director of Community Development, before being recommended for approval by the City Council.

The letter shall state the maximum amount of program funds reserved for the project and list all of the additional conditions and steps that must be taken by the proposer(s) prior to closing.

2. When determined appropriate, the City will provide information in its possession relevant to the preparation of required information in the RFP. The City will provide only the staff assistance and documentation specifically referred to herein.

3. The Vendor(s) shall be responsible for retaining data, records, and documentation for the preparation of the required information. These materials shall be made available to the City as requested.

4. This RFP does not commit the City to pay costs incurred in the preparation of a response to this RFP. All costs incurred in the preparation of the proposal, the submission of additional information, and/or any aspect of a proposal prior to the award of a written contract will be borne by the respondent. The City reserves the right to accept or reject the combined or separate components of any proposal in part or in its entirety or to waive any informality or technical defect in the proposal.

5. All data, documents, and other products used, developed, or produced during response preparation to the RFP will become the property of the City. All responses to the RFP shall become the property of the City. The City will make its best efforts to maintain Proposer information identified as proprietary information confidential, to the extent allowed under the California Public Records Act.

6. The City reserves the right to reject, replace or approve any and all subcontractors. All subcontractor(s) shall be identified in the response to the RFP and the City reserves the right to reject any subcontractor(s). Subcontractors shall be the responsibility of the Contractor(s) and the City shall assume no liability for such subcontractors.

B. COORDINATION
Coordination by the awarded Contractor(s) with the City, other contractors, and agencies will be required to achieve satisfactory and timely delivery of the required work. Coordination may include, but not be limited to: coordination with impacted businesses, neighborhood and civic groups, local and/or state agency boards and staff, or attendance at Community Development Commission meetings or City Council meetings.

The City will decide the manner in which the coordination efforts will be conducted. At the City’s option, coordination efforts may be performed by the Vendor’s direct contact, by the Vendor(s) acting through the City, or by the City only. When coordination efforts require agreements, such agreements shall be coordinated with the City.

City of Santa Ana
RFP No. 23-090A

Page 4 of 47 ends

EXHIBIT 1

CITY OF SANTA ANA

C. VENDOR(S) RESPONSIBILITIES
The selected Vendor(s) will assume responsibility for all aspects of the development, and for ensuring that the project is developed and operated in accordance with applicable state and federal laws. The selected Vendor(s) will ensure that the project is developed and operated in accordance with the City laws, regulations, and planning and development process.

D. RULES FOR PROPOSALS

The signer of the proposal must declare in writing that the only person, persons, company, or parties interested in the proposal as principals are named therein; that the proposal is made without collusion with any other person, persons, company, or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud; and, that the signer of the proposal has full authority to bind the proposer (Attachment D).

V. TERM OF AGREEMENT
The anticipated term of the agreement is for an initial period of one (1) year. The City may, at its discretion, extend the agreement with a multi year contract, upon mutual agreement contingent upon City Council approval, or City Manager or City Attorney authorization, as appropriate.

VI. MINIMUM QUALIFICATIONS
Proposers shall have a minimum of three (3) years of recent experience working with at-risk youth and their families or projects similar to the proposed project.

VII. RESPONSE TO RFP
A. SUBMITTAL INSTRUCTIONS
It is the responsibility of the Proposer to ensure that any proposals submitted have been uploaded to PlanetBids prior to the RFP due date and time. Proposals, including all required sections and forms, shall be submitted electronically via the City’s Bid Management System, PlanetBids. No other form of submittal will be accepted.

PlanetBids will not accept late proposals and no exceptions shall be made. Proposers will receive an e-bid confirmation number with a time stamp from PlanetBids indicating that their proposal was submitted successfully. The City will only receive and consider those proposals that were transmitted successfully. Submit the proposal online at:
http://www.planetbids.com/portal/portal.cfm?CompanyID=20137.

Proposer shall be solely responsible for informing itself with respect to the proper utilization of the bid management system, for ensuring the capability of their computer system to upload the required documents, and for the stability of their internet service. Failure of the Proposer to successfully submit an electronic proposal shall be at the Proposer’s sole risk and no relief will be given for late and/or improperly submitted proposals. Proposers experiencing any technical difficulties with the bid submission process may contact PlanetBids at (818) 992- 1771. Questions of an operational nature may be directed to the City’s assigned Buyer.

Neither the City, nor PlanetBids, makes any guarantee as to the timely availability of assistance, or assurance that any given problem will be resolved by the bid submission deadline.

In addition to the above electronic submission instructions, one USB flash drive containing a copy of the complete proposal packet and five (5) hard copies must also be submitted. Please City of Santa Ana
RFP No. 23-090A

Page 5 of 47 ends

EXHIBIT 1

CITY OF SANTA ANA

see the paper submission instructions in Section VII RESPONSE TO RFP, Letter F. Proposal Contents, No.3 Number of Proposal Copies and Signature.

Proposals shall NOT be sent via telegraphic, electronic, or facsimile means.

All notifications, updates, and addenda will be posted online on PlanetBids at https://www.planetbids.com/portal/portal.cfm?CompanyID=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal.

B. COMMUNICATION / CONTACT WITH CITY STAFF
Unless otherwise authorized herein, Proposers who are considering submitting a proposal in response to this RFP, or who submit a proposal in response to this RFP, are only to communicate with the assigned Project Coordinator(s), and no other City staff about this RFP from the date this RFP is issued until a contract is awarded. The City will provide all official communication concerning this RFP in writing via the City’s Bid Management System, PlanetBids.

The City will not be responsible for or bound by any oral communication or any other information or contact that occurs outside the official communication process specified herein unless confirmed in writing by the designated Project Manager(s).

C. REQUEST FOR INFORMATION OR CLARIFICATION / QUESTIONS Questions regarding this RFP shall be submitted via PlanetBids. Responses to all questions will be posted on PlanetBids no later than the date and time are shown on the schedule of key RFP dates on the cover page of this RFP. All prospective Proposers are advised to visit PlanetBids on a regular basis as responses may be posted earlier than the date above (if applicable). No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP.

Requests submitted for the City’s consideration of proposed terms and conditions, including modifications to the City’s RFP and/or Contract terms and conditions must be submitted by the deadline for questions. Such requests should include an attachment in Word or PDF format on formal company letterhead that shows the requested modifications.

Significant interpretations or clarifications and responses to questions received by the deadline will be addressed via addenda to this RFP, which will be released and posted on PlanetBids under the “Addenda/Emails” tab.

General process questions may be directed to the following:

Megan Ornelas
Buyer
Email: [email protected]

D. ADDENDA
Any changes in the RFP from the date of release to the date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on City’s PlanetBids system, https://www.planetbids.com/portal/portal.cfm?CompanyID=20137.

Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation.

City of Santa Ana
RFP No. 23-090A

Page 6 of 47 ends

EXHIBIT 1

CITY OF SANTA ANA

E. UNDERSTANDING PROPOSAL
It is the responsibility of each Proposer to inquire about any criteria, condition, term, provision, or requirement of the RFP that the Proposer does not understand. Responses to inquiries, if they significantly change or clarify the RFP requirements or any aspect of the procurement process, will be forwarded by addenda to all Proposers. The City will not be bound by any oral responses to inquiries. By submitting proposals, Proposers assert that they have fully read the RFP and any addenda issued by the City, the proposed Contract, and any other Contract Documents, and affirm that the terms and conditions stated therein are fully understood and are acceptable to the Proposer. Each Proposer accepts the terms and conditions of the Contract Documents and indicates their ability and willingness to perform the requested services under such terms and conditions. Any exceptions to the terms and conditions set forth in the Contract Document should be clearly noted in each Proposer’s proposal.

F. PROPOSAL CONTENTS
Proposals are to be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Colored displays, promotional materials, photographs, etc., are not necessary or desired. Emphasis should be concentrated on conformance to RFP instructions, responsiveness to the RFP requirements, and completeness and clarity of content. Digital dividers and clear organization of content and material are encouraged.

1. Statement of Qualifications (SOQ)
SOQ must include a Table of Contents and be limited to a maximum of 25 pages (excluding section dividers and exhibits). The page limitation includes all appendices, attachments, and supplemental information. Additionally, SOQ must include the following:
a. Cover Letter
Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. Include the type of business entity. Cover Letter shall not exceed one page.

Cover letter must be addressed to the following City Project Manager:

Mishaun Watkins, Community Development Analyst
City of Santa Ana – Community Development Agency
20 Civic Center Plaza
Santa Ana, CA 92701

b. Services Provided
A description of proposed services to be provided and how they meet the needs of the Police Department as described in Section IV – Scope of Services (Above).

c. Agreement Statement
Proposal shall include a statement outlining your concurrence or concerns with any and all provisions as contained in EXHIBIT II – Sample Agreement of this RFP (if any).
d. Firm and Team Experience
Proposal shall include a profile of the firm’s experience including the following:

City of Santa Ana
RFP No. 23-090A

Page 7 of 47 ends

EXHIBIT 1

CITY OF SANTA ANA

1. Firm: A general description of the firm, including size and number of employees working directly with the City on this agreement. Firm’s nearest address serving the City of Santa Ana and headquarters address.

2. Project Manager/Principal Agent : Name and contact information of the supervising Project Manager/Principal Agent, to be assigned to the agreement.

The Project Manager/Principal Agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation if invited to an interview.

3. Vendor(s) Team: An organizational chart showing lines of responsibility, as well as a list of team members and their duties as part of the team. If the Vendor(s) is a nonprofit corporation, or if a nonprofit is one of the team members, the SOQ must include documentation that the corporation is certified by the U.S. Internal Revenue Service as a 501(c)3 tax-exempt non-profit corporation, and is in good standing with both state and federal compliance.

4. Vendor(s) Experience: A narrative describing your firm’s demonstrated capability, including the length of time that your firm has provided the services being requested in this RFP. Some members of staff shall be bilingual.

Experience gained in the last five years on projects similar to the one being proposed.

i. List two recent similar projects delivered by the firm for other public agencies or community-based organizations including the criteria listed below:

 Include a description of the summary of work performed  The project name and type (special needs, senior, large family, etc.)  The total project cost.
 The funding sources.
 The percentage of work the proposer was responsible for.  The period over which the work was completed,
 The name, title, and phone number of clients to be contacted for references.

ii. A Letter of Support from a community member, community-based organization, or public agency may serve as a substitute for one of the two projects.

iii. Include a description of your experience doing community outreach and capacity including resources, staffing, and available funding.

1. Financial Capacity: Description of the Vendor’s financial strength and ability to obtain project financing, and to provide sufficient equity for the successful completion of the proposed project.

i. Include a description of current relationships with major lending institutions.

ii. Any Vendor(s) that is selected for recommendation to City Council, or if a partnership, the team members who will retain an ownership interest in the project, will be required to submit complete financial statements for the last three years. Because of the possibility of public records requests, the City cannot guarantee that these statements will remain confidential.

City of Santa Ana
RFP No. 23-090A

Page 8 of 47 ends

EXHIBIT 1

CITY OF SANTA ANA

e. Proposed Work Plan
Proposal shall include:
i. A statement demonstrating the firm’s understanding of the Scope of Services, including:
 Anticipated approach to performing services as specified herein;  Suggestions or special concerns the evaluation committee should take into consideration.
 Description of deliverables and implementation plan. Proposer shall submit a general description of the deliverables, implementation plan, and timeline.

ii. Cost Proposal
All Proposers are required to submit a fixed rate fee with their Cost Proposal. Pricing instructions should be clearly defined to ensure fees proposed can be compared and evaluated. Cost Proposal must include a payment schedule if applicable. City reserves the right to negotiate compensation and/or payment schedule prior to the award of any resulting agreement.

Proposals shall be valid for a minimum of one hundred eighty (180) days following the Proposal deadline. The cost of developing the Proposal is the sole responsibility of the Proposer. All Proposals submitted become the property of the City.

The City shall not provide reimbursement for travel-related expenses, mileage, parking, lodging, meals, incidental fees, insurance, freight/shipping and handling/delivery, and any other business expenses, supplies, and materials related to providing services as specified herein. Additional costs will not be considered and will not be reimbursed by the City; therefore, such costs must be absorbed in Proposer’s cost proposal fee structure.

iii. Number of Proposal Copies and Signature
In addition to the online submittal of proposals by the deadline specified on the cover page of this RFP, one USB flash drive containing a copy of the complete proposal packet and five (5) hard copies of Respondent’s proposal shall be signed by a company official with the authority to bind the company and mailed or delivered in a sealed envelope or box to the City’s Project Manager listed above under Section F.

Proposal Contents, at No. 1 Statement of Qualifications (SOQ), a. Cover Letter (addressed to the attention of Project Manager) Additionally, one (1) copy of your Cost Proposal must be submitted electronically to PlanetBids (see Section A – Submittal Instructions).

Sealed envelope or box with proposal documents shall be clearly labeled as follows:

RFP 23-090 Gang Prevention & Intervention Program Services

NOTE: Electronic, paper/hard copies and USB flash drives must all be submitted to the City as specified above by the deadline to submit proposals.

No exceptions shall be made.

City of Santa Ana
RFP No. 23-090A

Page 9 of 47 ends

EXHIBIT 1

CITY OF SANTA ANA

VIII. CERTIFICATIONS (ATTACHMENTS)
In addition to the SOQ, Narrative/Technical Proposal, and Cost Proposal, the following forms, included in this RFP, shall be signed and included as part of the proposal submittal package:
 Attachment A: Proposer’s Certification and Proposal Item Pricing  Attachment B: References
 Attachment C: Proposer’s Statement
 Attachment D: Non-Collusion Affidavit
 Attachment E: Non-Lobbying Certification
 Attachment F: Non-Discrimination Certification
 Attachment G: SAM.GOV Unique Entity ID

The proposal must be completely responsive to the RFP. Incomplete proposals will be deemed nonresponsive and will be rejected. The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any commitment will be awarded pursuant to this RFP or otherwise.

PLEASE NOTE: City will not be waiving the notarization requirement when applicable on any of the required attachments.

IX. REFERENCES
Contractor shall provide three (3) references from other similar customers for which services similar to those specified in this RFP have been performed, including contact names and telephone numbers. Use ATTACHMENT B – References. The respondent grants permission for the City to contact any individuals listed as references.

City may disqualify a Proposer if:

 References fail to substantiate Proposer’s description of services and deliverables provided; or

 References fail to support that Proposer has a continuing pattern of providing capable, productive, and skilled personnel, or

 City is unable to reach the point of contact with reasonable effort. It is the Proposer’s responsibility to inform the point of contact(s) of normal City working hours.

X. MINIMUM SCOPE OF AND LIMIT OF INSURANCE
The selected Proposer shall provide the required evidence of insurance coverage as set forth in the standard agreement within ten (10) business days after receipt of Notice of Intent to Award.

Contractor must maintain, for the duration of its contract, insurance coverages as required by the City.

Additionally, Contractor shall provide the following insurance coverage:

Coverage shall be at least as broad as:

 Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, City of Santa Ana
RFP No. 23-090A

Page 10 of 47 ends

EXHIBIT 1

CITY OF SANTA ANA

property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.  Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.  Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
 Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.

If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).

Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Entity.

Waiver of Subrogation
Contractor hereby grants to Entity a waiver of any right to subrogation which any insurer of said Contractor may acquire against the Entity by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer.

Page 11 of 47 ends

EXHIBIT 1

CITY OF SANTA ANA

losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or Entity.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Entity.

Claims Made Policies (note – should be applicable only to professional liability, see below) If any of the required policies provide claims-made coverage:

1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

Verification of Coverage
Contractor shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors.

Special Risks or Circumstances
Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

XI. EXCEPTIONS
The proposal must be completely responsive to this RFP. Any exceptions to the requirements of this RFP must be clearly stated and submitted to the City for its review in accordance with Section VI, No. C – REQUEST FOR INFORMATION OR CLARIFICATION / QUESTIONS. The City, in their sole and absolute discretion, may authorize or deny any exceptions.

XII. SELECTION PROCEDURES & CRITERIA
A. The City will establish a proposal review panel. The review panel will evaluate proposals based on the response to the RFP and determine if the minimum program and RFP Process requirements are met (minimum threshold review). Proposals that do not meet the minimum City of Santa Ana
RFP No. 23-090A

Page 12 of 47 ends

EXHIBIT 1

CITY OF SANTA ANA

threshold review will be considered non-responsive. The Review Panel for the RFP Process will consist of at least one employee from the Santa Ana Police Department and two employees from the Community Development Agency. Evaluations will include adherence to outlined directions and format, and the City evaluation criteria set forth below.

B. Using the scoring and selection criteria provided below, the Review Panel shall determine whether the proposal is recommended for award. Using the scoring and selection criteria, the Review Panel shall also review the design of the proposed project for appropriateness for at-risk youth, compatibility with surrounding uses, Street Outreach and Engagement, and appropriateness of the design and dispersing mental health and trauma resources to you and their families affected by gang violence. Proposed projects must receive a minimum threshold score of 75 points to move forward in the proposal review process.

COMPETITIVE SELECTION CRITERIA

1. PROGRAM/COMMUNITY NEED
(Max 25 Points)
Demonstrate a commitment to evidence-based or emerging practices:

ELIGIBLE
POINTS
Share methods to build partnerships with supportive services. Detail mechanisms for making referrals to service providers; Identify and respond to violent and potential violent events
5 Engage community partners, community members, and other community stakeholders 5
Interrupt potential violence by mediating conflicts and preventing retaliation 5 Identify and support individuals and groups at the highest risk. 5 Use data to inform daily efforts and make necessary changes to interruption strategies. 5
Sub-total 25

2. PROGRAM DESIGN
(Max. 30 Points)

Describe the program structure, activities, participant group, and services to be provided with Gang Prevention and Intervention Program funds and how they align with evidence-based practices. Including mental health and trauma-informed care resources and practices.

10 Describe your plan for recruiting and training the staff who will deliver the program.

10 Describe your plan for recruiting, engaging, and retaining participants in services.

10 .

City of Santa Ana
RFP No. 23-090A

Page 13 of 47 ends

EXHIBIT 1

CITY OF SANTA ANA

Sub-total 30

3. COST PROPOSAL & BUDGET
(Max. 15 Points)
Detailed cost proposal/budget with narrative, for one year of operation. 15 Sub-total 15

4. VENDOR(S) EXPERIENCE AND SKILL
(Max. 25 Points)

Recent experience in conducting similar scope, complexity, and magnitude for other public agencies. 5
At least two (2) references. 5
Ethnic diversity and cultural awareness. 5
Counter gang culture techniques and methods. 5
Educational background, work experience, and directly related consulting experiences. 5
Sub-total 25

5. LEVERAGING OF CITY FUNDS
(Max. 3 Points)
Applicant's potential or capacity to obtain additional financing for this project 3 Sub-total 3

6. PROGRAM EVALUATION (Max. 25 Points)
List your firm’s goal(s) for the program. Goals are broad statements of what the program intends to accomplish in the long term. Goals should link directly to needs.

5 List your firm’s objective(s) for the program. Objectives are specific, measurable aims of program activities that you intend to accomplish in the short term. Similar to goals, objectives should link directly to needs.

5 Describe how the goals and objectives align with the City’s overarching goals for the Gang Prevention & Intervention program.

5 Describe a plan for how you will achieve your stated objectives and how you will collect as well as evaluate data to measure progress towards your stated objectives.

5 Describe a plan for how you will provide oversight and monitor the program, in order to demonstrate that the program is being carried out as intended. 5 Sub-total 25

7. RFP PRIORITIES (Max. 5 Points)
Identify individuals and groups at the highest risk of involvement. 5 Sub-total 5

8. COMMUNITY INCLUSION (Max. 5 Points)
Identify all local partner agencies and describe their roles and responsibilities for the program 5
Sub-total 5
City of Santa Ana
RFP No. 23-090A

Page 14 of 47 ends

EXHIBIT 1

CITY OF SANTA ANA

BONUS POINTS ( Max 9 Points):

Santa Ana-based organization 3
Organization currently working with local at-risk youth and their families. 3 Match funds contributed. 3
Sub-Total 9
TOTAL ELIGIBLE POINTS 142

C. The City is under no obligation to accept any proposal and reserves the right to negotiate with respondents as to fees and terms. The City may reject proposals at its sole discretion.

If the proposal fails to satisfy any requirements outlined in this RFP, it may be considered non-responsive and may be rejected.

The City shall not be obligated to accept the lowest-priced proposals but will make awards in the best interests of the City after all factors have been evaluated.

The review panel will recommend the qualified Proposers to the City Council or City Manager for the award of the contract, as appropriate.

D. The review panel may invite the proposers to interview. The City reserves the right to seek additional information from any or all Proposers invited to present proposals. A final score will be calculated for each submitted proposal and used to rank Proposers. City reserves the right to begin negotiations and enter into a contract without holding interviews, or further discussions.

XIII. WITHDRAWALS
Proposers are responsible for verifying all prices and information before submitting a proposal.

Prior to the proposal’s due date, the Proposer or Proposer’s representative may withdraw the proposal by providing written notice of the proposed withdrawal to the City Contact/Project Manager. Verbal or telephonic withdrawals are not permissible.

XIV. PROTESTS
Proposers may file a “protest” to an RFP with the Project Manager. In order for a Bidder’s protest to be considered valid, the protest must:

1. Be filed in writing within five (5) business days of either the RFP issued date or before 5:00 p.m. of the 5th business day following the posting of Bid Results/Notice of Intent to Award Contract on the City’s website;

2. Clearly identify the specific irregularity or accusation;

3. Clearly identify the specific City staff determination or recommendation being protested;

4. Specify, in detail, the grounds of the protest and the facts supporting the protest; and

5. Include all relevant, supporting documentation with the protest at the time of filing.

City of Santa Ana
RFP No. 23-090A

Page 15 of 47 ends

EXHIBIT 1

CITY OF SANTA ANA

If the protest does not comply with each of these requirements, it will be rejected as invalid. If the protest is valid, the Project Manager, or designated City Representative, shall review the basis of the protest and all relevant information. The Project Manager will provide a written decision to the protestor within ten (10) business days from receipt of the protest. The decision from the Project Manager, or her/her designee, is final and no further appeals will be considered.

XV. GENERAL TERMS AND CONDITIONS
A. AMERICANS WITH DISABILITIES ACT
The awarded Contractor hereby certifies that it will comply, as applicable, with the Americans with Disabilities Act of 1990 (“ADA”), 42 USC §§ 12101 et seq., and its implementing regulations, including Subtitle A, Title II of the ADA. Contractor will not discriminate against persons with disabilities nor against persons due to their relationship to or association with a person with a disability. Any contract entered into by the awarded Contractor (or any subcontract thereof), relating to this RFP, shall be subject to the provisions of this paragraph.

B. CITY BUSINESS LICENSE
The selected proposer shall be required to obtain a City of Santa Ana Business license within thirty (30) days of selection and must provide a copy to the City projects manager or designee prior to commencing any work in Santa Ana.

C. CITY RIGHT TO REJECT
The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any agreement will be awarded pursuant to this RFP or otherwise. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal.

D. CONFLICT OF INTEREST
Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of the City. This obligation shall apply to the Contractor; the Contractor’s employees, agents, and Subcontractors associated with accomplishing work and services hereunder. The Contractor’s efforts shall include, but not be limited to, establishing precautions to prevent its employees, agents, and Subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence City staff or elected officers from acting in the best interests of the City.

Each Proposer must disclose any existing or potential conflict of interest relative to the performance of the contractual services resulting from this RFP. Any such relationship that might be perceived or represented as a conflict should be disclosed. The City reserves the right to disqualify any Proposer on the grounds of actual or apparent conflict of interest.

No person, firm, or subsidiary thereof who has been awarded this Contract may be awarded a Contract for the provision of services, the delivery of supplies, or the provision of any other related action which is required, suggested, or otherwise deemed appropriate as an end product of this Contract. Therefore, Contractor is precluded from contracting for any work recommended as a result of this Contract.

E. CONTRACTOR’S EXPENSE
Pre-Contractual Expenses: The City is not liable for any costs incurred by Proposers prior to entering into a formal contract. Costs of developing a response to this RFP, are entirely the responsibility of the Proposer, and shall not be reimbursed in any manner by the City. Pre- City of Santa Ana
RFP No. 23-090A

Page 16 of 47 ends

EXHIBIT 1

CITY OF SANTA ANA

contractual expenses are not to be included in the cost proposal. Pre-contractual expenses include but are not limited to, preparation of the proposal, submission of the proposal and additional information, attendance at pre-proposal conference, negotiating any matter related to this RFP with City, and/or any other expenses incurred by the Proposer prior to the date of award and execution, if any, of the contract.

Other Expenses: The Contractor will be responsible for all costs related to photocopying, telephone communications, fax communications, and parking while on City sites during the performance of work and services under this Contract.

F. CONTRACTOR’S PROJECT MANAGER/KEY PERSONNEL
Except as formally approved by the City, the key personnel identified in Contractor’s proposal shall be the individuals who will actually complete the work. Changes in staffing must be reported in writing and approved by the City. The City shall have the right to require the removal and replacement of the Contractor’s Project Manager and key personnel under the awarded contract. The City shall notify the Contractor in writing of such action. The City is not required to provide any reason, rationale, or additional factual information if it elects to request any specific key personnel be removed from performing services under the awarded contract. The City shall review and approve the appointment of the replacement for the Contractor’s personnel. Said approval shall not be unreasonably withheld.

Standards of Conduct: Contractor’s personnel shall be courteous and maintain good working relationships with all stakeholders, state or outside agencies, other team members, and staff within the City.

G. COST PROPOSAL
The awarded Contractor agrees to provide the purchased services at the costs, rates, and fees as set forth in their Fee Schedule in response to this RFP. No other costs, rates, or fees shall be payable to the awarded Subcontractor for implementation of their proposal.

H. DATA RETENTION
Contractor shall be responsible for retaining data, records, and documentation for the preparation of required items. These materials shall be made available to and as requested by City.

All materials, documents, data, or information obtained from the City Data files or any City medium furnished to Contractor in the performance of an awarded contract will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Contractor after completion or termination of this Contract without the express written consent of the City. All materials, documents, data, or information, including copies, must be returned to the City at the end of the contract.

All data, documents, and other products used, developed, or produced during response preparation of the RFP will become property of the City. All responses to the RFP shall become property of the City. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act.

I. DRUG-FREE WORKPLACE
The awarded Contractor certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. Failure to comply with these requirements may result in the suspension of payments under the Contract or termination of the contract or both, and the Contractor may be ineligible for award of any future City contracts.

City of Santa Ana
RFP No. 23-090A

Page 17 of 47 ends

EXHIBIT 1

CITY OF SANTA ANA

J. EXAMINATION
Proposer represents that it has thoroughly examined and become familiar with the services and responsibilities required in this RFP and that it is capable of effectively and efficiently performing quality work to achieve the City’s objectives. Any attachments referenced herein or any interpretations, clarifications, or amendments subsequently posted in relation to this RFP are fully incorporated.

Any irregularities or lack of clarity in the RFP should be brought to the designated City Contact/Project Manager’s attention as soon as possible so that corrective addenda may be furnished to prospective Proposers.

Proposals that appear unrealistic in terms of technical commitments, lack of technical competence, or are indicative of a failure to comprehend the complexity and risk of this contract, may be rejected.

K. EXECUTION OF AGREEMENT
Upon successful negotiations, the City and the selected Proposer will enter into an Agreement. If a Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being notified of selection under this RFP, the City reserves the right to disqualify them without any further obligation
L. FEDERAL GRANT CONTRACT PROVISIONS
Proposer must agree to the federal contract provisions outlined in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards at 2 CFR Part 200.326. These provisions will become part of the agreement resulting from this bid.

M. FISCAL NON-FUNDING CLAUSE
In the event sufficient budgeted funds are not available for a new fiscal period, the City shall retain the right to notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period and terminate the contract on the last day of the current fiscal period without penalty or expense to the City.

N. JOINT OFFERS/SUB-CONSULTANTS
Where two or more Proposers desire to submit a single proposal in response to this RFP, they should do so on a prime sub-consultant basis. The City intends to contract with a single firm, also known as the prime, and not with multiple firms doing business as a joint venture.

Should the use of sub-consultants be offered, the Proposer shall provide the same assurances of competence for the sub-consultant plus the demonstrated ability to manage and supervise the subcontracted work. Sub-consultants shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all sub-consultants in the same manner as the Proposer. The proposer is responsible for all the actions taken by their sub-contractor.

The City reserves the right to reject, replace and approve any and all Subcontractors. All Subcontractor(s) shall be identified in the response to the RFP and the City reserves the right to reject any proposed Subcontractor(s). Subcontractors shall be the responsibility of the prime Contractor and the City shall assume no liability for such Subcontractors.

O. INDEPENDENT CONTRACTOR
The contractor is considered an independent Contractor and neither Contractor, its employees, nor anyone working under Contractor will be considered an agent or an employee of the City. Neither Contractor, its employees, nor anyone working under City of Santa Ana
RFP No. 23-090A

Page 18 of 47 ends

EXHIBIT 1

CITY OF SANTA ANA

Contractor, will qualify for workers’ compensation or other fringe benefits of any kind through the City.

P. JOINT OFFERS/SUB-CONSULTANTS
Where two or more Proposers desire to submit a single Proposal in response to this RFP, they should do so on a prime sub-consultant basis. The City intends to contract with a single firm and not with multiple firms doing business as a joint venture. Should the use of sub- consultants be offered, the Proposer shall provide the same assurances of competence for the sub-consultant plus the demonstrated ability to manage and supervise the subcontracted work. Sub-consultants shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all sub-consultants in the same manner as the Proposer.

Q. LITIGATION STATUS
Each Proposer must include in its proposal a complete disclosure of any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the Proposer or in which the Proposer has been judged guilty or liable. Failure to comply with the terms of this provision will disqualify any proposal. The City reserves the right to reject any proposal based upon the Proposer’s prior history with the City or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to meet contract milestones or other contractual failures.

R. NEGOTIATIONS
The City reserves the right to negotiate final contract terms with any Proposer selected. The contract between the parties will consist of the RFP together with any modifications thereto, and the awarded Contractor’s proposal, together with any modifications and clarifications thereto that are submitted at the request of the City during the evaluation and negotiation process. In the event of any conflict or contradiction between or among these documents, the documents shall control in the following order of precedence: the final executed contract, the RFP, any modifications and clarifications to the awarded Contractor’s proposal, and the awarded Contractor’s proposal. Specific exceptions to this general rule may be noted in the final executed contract.

Negotiations shall be confidential and not subject to disclosure to competing Contractors unless and until an agreement is reached. If contract negotiations cannot be concluded successfully, the City reserves the right to negotiate a contract with another Contractor or withdraw the RFP.

S. NON-PAYMENTS
Note that payments will NOT be made for any unsatisfactory work until corrected. In the event of nonpayment of undisputed sums by the City, Contractor shall give the City thirty (30) working days to cure the alleged breach.

T. OWNERSHIP OF DOCUMENTS
The City has permanent ownership of all directly connected and derivative materials produced under this contract by the Contractor. All documents, reports, and other incidental or derivative work or materials furnished hereunder shall become and remains the sole property of the City City of Santa Ana
RFP No. 23-090A

Page 19 of 47 ends

EXHIBIT 1

CITY OF SANTA ANA

and may be used by the City as it may require without additional cost to the City. None of the documents, reports, and other incidental or derivative work or furnished materials shall be used by the Contractor without the express written consent of the City.

U. PARKING
The City will not provide free parking and/or reimbursement for the cost of parking while providing services and conducting business with the City.

V. PROFESSIONAL STANDARDS
Contractor staff shall be courteous to the public and City staff utilizing facilities where Contractor is performing work but shall be responsive only to the requests of the City’s Project Manager or designee. Contractor staff shall direct all inquiries to Project Manager or designee.

Contractor acknowledges that City locations consist of public-use facilities and recognizes the obligation to ensure Contractor personnel and agents maintain the highest level of professional standards in attire, decorum, and interaction with the public and City personnel.

W. PROJECT MANAGER
The selected Proposer will assume responsibility for all services in its proposal. The selected Proposer shall identify a sole point of contact, Project Manager, with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement.

X. PROPOSAL VALIDITY
Services, pricing, and warranties indicated in a Proposer’s Proposal must be valid for a period of 180 days at minimum after the submission of the Proposal.

Y. PUBLIC AGENCIES
Other public agencies, as defined by California Government Code Section 6500, may choose to use the terms of this Contract, subject to Contractor’s acceptance. The City is not liable or responsible for any obligations related to a subsequent contract between Contractor and another public agency.

Z. PUBLIC RECORDS
Proposals will become public record after the award of a contract unless the proposal or specific parts of the proposal can be shown to be exempt by law. Each Proposer may clearly label all or part of a proposal as "CONFIDENTIAL" provided that the Proposer hereby agrees to indemnify and defend the City for honoring such a designation. The failure to so label any information that is released by the City shall constitute a complete waiver of any and all claims for damages caused by any release of the information. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act.

AA. SUBCONTRACTORS
Proposals in response to this RFP must identify any Subcontractors, and outline the contractual relationship between the Awarded Subcontractor and each Subcontractor. An official of each proposed Subcontractor must sign, and include as part of the proposal submitted by the Prime Contractor, a statement to the effect that the Subcontractor has read and will agree to abide by the awarded Contractor’s obligations. Any Subcontractor proposed after the award the of contract must be approved by the City before commencement of work.

City of Santa Ana
RFP No. 23-090A

Page 20 of 47 ends

EXHIBIT 1

CITY OF SANTA ANA

The City will look solely to the awarded Contractor for the performance of all contractual obligations which may result from an award based on this RFP, and the awarded Contractor shall not be relieved for the non-performance of any or all Subcontractors.

XVI. AWARD OF AGREEMENT
Selected Contractor(s) will be notified in writing. Any award is contingent upon the successful negotiation of final contract terms.

A. EXECUTION OF AGREEMENT
A standard agreement is included as EXHIBIT II Sample Agreement of this RFP. “Proposer” will hereinafter be referred to as “Consultant” or “Contractor” in standard agreement. The term of the agreement will begin after the agreement is fully executed, and all required bonds, insurance documents and contents of the payment information packet have been received and approved.

XVII. IMPLEMENTATION
A. MEETINGS
The successful proposer will be required to meet with City staff, virtual or in person as required by the City, to discuss and agree on operational issues. In addition, the successful proposer is required to submit all necessary reporting as required for Revive Santa Ana and reporting and Federal reporting.

City of Santa Ana
RFP No. 23-090A

Page 21 of 47 ends

EXHIBIT 1

CITY OF SANTA ANA

I. PROGRAM PRIORITIES

The City of Santa Ana is targeting at-risk youth in an effort to promote a proactive preventative approach to addressing their concerns and the concerns of their families. The City desires to partner with one or more organizations that will create a Gang Prevention and Intervention Program. This program will provide multifaceted Gang Prevention & Intervention while offering Mental Health resources and Trauma-Informed Care. Program design will be subject to and carried out in accordance with established City standards and procedures. The core of the program should be direct service to high-risk youth ages 10-24. Services should be built around the recognition that youth engage in acting out behavior due to a breakdown in the effectiveness of traditional family/school/community structures where they would normally fulfill needs for love, self-esteem, personal meaning stability, and socialization.

A. Priorities and Objectives:

In particular, the City is interested in furthering the following priority through this RFP:

1) Submit weekly statistics of service to the project manager. 2) Submit a monthly compilation of statistics to the project manager. 3) Create after-school activities for teens and incentives for participation. 4) Provide mental health resources.
5) Provide Trauma Counseling for at-risk youth and families who are suffering and have suffered from gang-related trauma.
6) Provide individual and family counseling for gang-affiliated youths and those who were recently incarcerated.
7) Provide Street Outreach and Engagement teams to build relationships with individuals involved or affiliated with local gangs.

II. REVIVE SANTA ANA

a. Source of Funds
Funding for this program is through the American Rescue Plan Act’s State and Local Fiscal Recovery Fund (SLFRF), referred to as Revive Santa Ana. This funding supports a series of COVID-19 recovery initiatives, including, food distributions, direct financial assistance to residents, a variety of youth programs, and more.

b. Eligible Grantees
Eligible grantees are community-based organizations, nonprofit organizations, agencies, or independent contractors; and have a valid 501(c)(3) or (4) designation from the IRS, or for-profit Vendors or corporations, with proven capacities to develop and operate these types of projects/programs.

c. Eligible Projects
Funds can be used to provide direct assistance to the youth and families of the City of Santa Ana to increase and improve the public safety and public health of our residents.

EXHIBIT I

SCOPE OF SERVICES
City of Santa Ana
RFP No. 23-090A

Page 22 of 47 ends

EXHIBIT 1

CITY OF SANTA ANA

III. PARTNERSHIPS

A. Relationship Building
Limited partnerships whose general partners are otherwise eligible under the above are also eligible for Program funds.

B. Performance Monitoring

Grantee shall furnish all data, statements, records, information, and reports necessary for the City to monitor, review and evaluate the performance of the Scope of Services and its components. Grantee shall cooperate with the City in the conduct of any evaluation of Grantee's Services. Grantee shall further cooperate to incorporate minor modifications that may be discovered as necessary and appropriate as a result of feedback from the monitoring and evaluation process. Grantee recognizes and agrees that an evaluation of the Scope of Services may be completed after the expiration of the Term. The City shall have the right to request the services of an outside agent to assist in any such evaluation. Such evaluation services shall be paid for by the City.

1. Grantee shall submit regular Progress Reports regarding Grantee’s performance and compliance under this Agreement.

2. In addition to the Progress Reports required hereunder, Grantee shall participate in a client result evaluation (the "Evaluation") for the Scope of Services encompassing the Grantee’s performance during the entire Term. The Evaluation will be conducted in accordance with an Evaluation plan approved by the Manager. Grantee shall cooperate with the City in the development of the Evaluation plan and in its implementation.

3. In the event funding for another cycle is appropriated in future fiscal years, Grantee acknowledges and agrees that Grantee's future funding, if any, may be determined based on participation results of the evaluation processes described in this Section. The City shall use data in the evaluation of the Grantee's current performance and for the development of future performance targets, consistent with the evaluation system.

4. The Manager or his/her designee shall monitor the Grantee’s progress and performance of this Agreement. All services agreed to be performed by Grantee shall be conducted as set forth in this Section. The Parties agree that substantial involvement is expected between the Manager and the Grantee when carrying out the Scope of Services.

5. Grantee’s staff shall prioritize any referrals submitted by the Manager of the Homeless Services Division or assigned staff, that pertain to the services provided by the Grantee under the terms of the Agreement.

C. Wrap-Around Supportive Services
One of the most important elements of the Gang Prevention and Intervention Program is ongoing supportive services that are “wrapped around” at-risk youth and their families.

Service provider’s responsibilities in the course of this program shall include, but not be limited to:
a. Performing outreach and intake of targeted individuals for participation in the Program;
City of Santa Ana
RFP No. 23-090A

Page 23 of 47 ends

EXHIBIT 1

CITY OF SANTA ANA

b. Assessing youth and their families to prescribe/refer to services; c. Performing case management services for at-risk youth that will remove barriers to the successful achievement of independent living skills, attainment of employment skills, and greater self-determination;

Supportive Services are defined as services provided for the purpose of addressing the tenants’ condition of homelessness and enhancing the tenants' ability to maintain independent living. Supportive services must address the special needs of the tenants to be served. Typical services may include, but are not limited to:

a. Mental healthcare;
b. Trauma-Informed care
c. Advocacy and resource support and assistance such as i. Temporary Assistance to Needy Families (TANF),
ii. General Assistance,
iii. Cal Fresh,
iv. Money management/payee services;
v. Nutritional counseling; and
vi. Assistance in obtaining other resources and support for at-risk youth and their families such as clothing, and transportation, job training and job placement.

These services must be be provided directly or by arrangement with other service providers.

D. Eligible Uses and Activities
Program funds can be used to enter into an Agreement with eligible organizations that will provide the requested services.

E. Compliance with Federal and Local Regulations
All projects must comply with all applicable federal requirements contained in Exhibit III and 24 CFR 982, including, but not limited to, environmental review, labor and wage requirements, debarred contractors, lead-based paint and equal opportunity. Awardees should note:

Contract Requirements: All work shall be completed by licensed contractors

Labor Standards: Contracts over $10,000 must comply with Equal Opportunity-Affirmative Action requirements. All efforts shall be made to provide equal opportunity for employment without discrimination as to race, marital status, sex, color, age, religion, national origin or ancestry, and to seek out qualified local tradespeople for contracting and subcontracting bids.

Accessibility: All projects must comply with the federal Section 504 Disabled Accessibility regulations contained in Sections 8.22 and 8.23 of Subpart C, 24 CFR Part 8.

F. Employement Opportunities to Santa Ana Residents
Vendor(s) shall solicit and advertise employment opportunities to Santa Ana residents. The City shall inform the Vendor(s) of areas to publicize recruitment opportunities, such as the Santa Ana WORK Center and community centers. Such effort and procedure will be provided to the City for review.

City of Santa Ana
RFP No. 23-090A

Page 24 of 47 ends

EXHIBIT 1

CITY OF SANTA ANA

THIS AGREEMENT is made and entered into on this day of , 2023 by and between ___________________________________________________________, (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS

A. The City desires to retain a Consultant having special skill and knowledge in the field of:

B. Consultant represents that Consultant is able and willing to provide such services to the City.

C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field.

NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:

1. SCOPE OF SERVICES

Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit I, attached hereto and incorporated by reference.

2. COMPENSATION

a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit II. The total amount to be expended during the term of this Agreement shall not exceed TBD

b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.

3. TERM

This Agreement shall commence on the date first written above for a one (1) year term with the option for the City to grant up to two, one (1)-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below.

4. INDEPENDENT CONTRACTOR

EXHIBIT II

SAMPLE AGREEMENT
SAMPLE
City of Santa Ana
RFP No. 23-090A

Page 25 of 47 ends

EXHIBIT 1

CITY OF SANTA ANA

Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.

standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.

5. OWNERSHIP OF MATERIALS

This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

MINIMUM SCOPE AND LIMIT OF INSURANCE

The selected Proposer shall provide the required evidence of insurance coverage as set forth in the standard agreement within ten (10) business days after receipt of Notice of Intent to Award.

Contractor must maintain, for the duration of its contract, insurance coverages as required by the City.

Additionally, Contractor shall provide the following insurance coverage:

Coverage shall be at least as broad as:

 Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
 Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

SAMPLE
City of Santa Ana
RFP No. 23-090A

Page 26 of 47 ends

EXHIBIT 1

CITY OF SANTA ANA

 Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Entity.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the Entity. The Entity may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or Entity.

Claims Made Policies (note – should be applicable only to professional liability, see below) SAMPLE
City of Santa Ana
RFP No. 23-090A

Page 27 of 47 ends

EXHIBIT 1

CITY OF SANTA ANA

If any of the required policies provide claims-made coverage:

4. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.

5. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

6. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.

INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, SAMPLE
City of Santa Ana
RFP No. 23-090A

Page 28 of 47 ends

EXHIBIT 1

CITY OF SANTA ANA

trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement.

RECORDS
Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.

CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall

include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available

sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City.

CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.

NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.

EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.

ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered SAMPLE
City of Santa Ana
RFP No. 23-090A

Page 29 of 47 ends

EXHIBIT 1

CITY OF SANTA ANA

null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City.

TERMINATION
This Contract may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.

WAIVER

No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.

I. JURISDICTION - VENUE

This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.

II. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.

III. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this contract shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:

To City:

Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
SAMPLE
City of Santa Ana
RFP No. 23-090A

Page 30 of 47 ends

EXHIBIT 1

CITY OF SANTA ANA

P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956

With courtesy copies to:

To Contractor:

A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.

IV. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement.

This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement.
c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.

First & Last Name
Title
Consultant Firm Name
Address
City, State, Zip
Fax:

SAMPLE
City of Santa Ana
RFP No. 23-090A

Page 31 of 47 ends

EXHIBIT 1

CITY OF SANTA ANA

ATTEST: CITY OF SANTA ANA

Jennifer Hall Kristine Ridge
Clerk of the Council City Manager

APPROVED AS TO FORM:

SONIA R. CARVALHO CONSULTANT:

City Attorney

By:

Assistant City Attorney
Tax ID#

RECOMMENDED FOR APPROVAL:

(name)
(title)

SAMPLE
City of Santa Ana
RFP No. 23-090A

Page 32 of 47 ends

EXHIBIT 1

CITY OF SANTA ANA

SAMPLE ONLY

1. PARTIES: The parties to this Memorandum of Understanding (MOU) are _________________and the City of Santa Ana W/O/R/K Center ("Work Center").

2. PURPOSE: The Work Center, in conjunction with ___________________, endeavors to establish a cooperative working relationship between the parties in order to provide program beneficiaries with information about Work Center opportunities to find better jobs and careers. The MOU serves to establish the framework for providing services to employees, job seekers and others needing workforce services.

The goal is to ensure that all program beneficiaries have been provided an opportunity to connect with the Work Center and be assisted with the tools and !mow ledge necessary to enter the workforce or obtain a higherpayingjob.

3. RESPONSIBILITIES:

A) The Work Center shall perform the following:
1) Accept referrals to the Work Center.

B) ________________ shall perform the following:
1) Provide Work Center infonnation to participants and their families; and, 2) Refer participants in need of employment, training, or career counseling to the Work Center utilizing the referral form attached hereto as Attachment 1 and incorporated herein by reference.

4. DURATION: This MOU shall commence on TBD and shall remain in effect through TBD.

5. AMENDMENTS: Either party may propose amendments to this MOU at any time by providing written notice to the other party. Amendments to this MOU shall require the approval of the City Manager, or her/his designee ("City Manager"), on behalf of the Work Center,

6. CONFIDENTIALITY: If __________________ receives information, which due to the nature of such information is reasonably understood to be confidential and/ or proprietary, such information shall not be used or disclosed except in the performance of this MOU, and ________________ agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all non-public information.

Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this MOU. The foregoing obligations of non-use and nondisclosure shall not apply to any infonnation that (a) has been disclosed in publicly available sources; (b) is, through no fault of _____________ disclosed in a publicly available source; (c) is in rightful possession of ______________ without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by ______________ without reference to information disclosed by the City of Santa Ana.

7. ACCESSABILITY: ORGANIZATION NAME will assure that its services and premises are accessible to persons with disabilities pursuant to the requirements of the Americans with Disabilities Act.

EXHIBIT III

COMMITMENT TO ENTER INTO MEMORANDUM OF UNDERSTANDING

WITH THE SANTA ANA WORK CENTER
City of Santa Ana
RFP No. 23-090A

Page 33 of 47 ends

EXHIBIT 1

CITY OF SANTA ANA

8. HOLD HARMLESS CLAUSE: Each party to this MOU agrees to indemnify and hold harmless the other parties, their officers, agents, employees, and volunteers from and against any and all loss or damage, and from any and all suits, actions and claims filed or brought by any person or persons arising out of acts or omissions of the party or its officers, agents, employees or volunteers in the performance of this MOU.

9. DISPUTES: The parties shall first attempt to resolve all disputes infonnally. Any party may call a meeting of all parties to discuss and resolve disputes. Should informal resolution efforts fail, the dispute shall be referred to the City Manager to act as mediator, to attempt to resolve the dispute by holding an informal hearing with presentations by both parties. If the City Manager's resolution efforts fail, any party may file a grievance with the City Manager for review and hearing. The parties agree to be bound by the final determination resulting from that procedure. Each party to bear its own costs associated with any grievance procedures.

10. DISCRIMINATION: _________________________ Shall not discriminate becoase of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as definied, and prohibited by applicable law, in the recruitment, selecton, training, utilization, promotion, termination or other employment related activities. ________________________ affirms that it is equal opportunity employer and shall comply with all applicable federal, state, and local laws and regulations.

11. SEVERABILITY: If anyprut of this MOU is found to be null and void, or is otherwise stricken, the rest of this MOU shall remain in force.

12. JURISDICTION: Jurisdiction over any disputes arising under this MOU shall reside in Orange County, California.

AUTHORITY AND SIGNATURES: The individuals signing this MOU or its attachments have the authority to commit the party they represent to the terms of this MOU, and do so commit by signing.

City of Santa Ana
RFP No. 23-090A

Page 34 of 47 ends

EXHIBIT 1

CITY OF SANTA ANA

SAMPLE ONLY

Federal Regulations – Recipient must comply with the government cost principles, uniform administrative requirements and audit requirements for federal grant program housed within Title 2, Part 200 of the Code of Federal Regulations.

b. Debarment and Suspension – As required by Executive Orders 12549 and 12689, and 2 CFR §200.212 and codified in 2 CFR Part 200, Recipient must provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government.

c. Audit Records - With respect to all matters covered by this agreement all records shall be made available for audit and inspection by CITY, the grant agency and/or their duly authorized representatives for a period of three (3) years from the date of submission of the final expenditure report by the City of Santa Ana. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Recipient shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Recipient shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Recipient, upon request during usual working hours.

d. Reports - Recipient shall provide to City all records and information requested by City for inclusion in quarterly reports and such other reports or records as City may be required to provide to the agency from which City received grant funds or other persons or agencies.

e. Section 504 of the Rehabilitation Act of 1973 (Handicapped) - All recipients of federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the participation in, be denied the benefits of or be subject to discrimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The Recipient agrees it will ensure that requirements of The Act shall be included in the agreements with and be binding on all of its contractors, subcontractors, assignees or successors.

f. Americans with Disabilities Act of 1990 - (ADA) Recipient must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable.

g. Political Activity - None of the funds, materials, property, or services provided directly or indirectly under this agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act".

h. No Lobbying - Recipient will comply with all applicable lobbying prohibitions and laws, including those found in the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352, et seq.), and agrees that none of the funds provided under this award may be expended by the Recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer

EXHIBIT IV

FEDERAL REGULATIONS
City of Santa Ana
RFP No. 23-090A

Page 35 of 47 ends

EXHIBIT 1

CITY OF SANTA ANA

or employee of Congress, or an employee of a Member of Congress in connection with any federal action concerning the award or renewal of any federal contract, grant, loan, or cooperative agreement.

I. Non-Discrimination and Equal Opportunity - Recipient will comply, and all its contractors (or subrecipients) will comply, with Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975, as amended; Drug Abuse Office and Treatment Act of 1972, as amended; Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended; Section 523 and 527 of the Public Health Service Act of 1912, as amended; Title VIII of the Civil Rights Act of 1968, as amended; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a Federal or State court, Federal or State administrative agency, or the Recipient makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the Recipient will forward a copy of the findings to CITY which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. If applicable, recipient will comply with the equal opportunity clause in 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375.

j. Equal Employment Opportunity - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60), as applicable.

k. Public Contracts Code - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the California Public Contract Code Section 10295.3, as applicable.

l. Copeland Anti-Kickback Act - Recipient will comply, and all its contractors and subcontractors (or subrecipients) shall comply, with all requirements of the Copeland “Anti-Kickback” Act (30 U.S.C. 3145) as supplemented in Department of Labor regulations (29 CFR Part 3), as applicable.

(1) Contractor – Contractors shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.
(2) Subcontracts – Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.
(3) Breach – A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.

m. Davis-Bacon Act - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Davis-Bacon Act (40 U.S.C. 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable.

Contractors are required to pay wages to laborers and mechanics at a rate no less than the prevailing wages specified in a wage determination made by the Secretary of Labor.

City of Santa Ana
RFP No. 23-090A

Page 36 of 47 ends

EXHIBIT 1

CITY OF SANTA ANA

Additionally, contractors are required to pay wages not less than once a week.

n. Work Hours and Safety - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3702 and 3704) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable.

o. Clean Air Act - Recipient will comply, and all its contractors (or subrecipients) will comply, with all applicable standards, orders or requirements issued under the Clean Air Act (42 U.S.C. 7401-7671q), and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as applicable.

p. Energy and Conservation - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Energy Policy and Conservation Act (42 U.S.C. 6201), as applicable.

q. Waste Disposal - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as applicable.

r. Patent Rights - Recipient agrees that the Department of Homeland Security shall have the authority to seek patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement based on the requirements of 37 CFR§ 401 and any other implementing regulations, as applicable.

s. Copyright - Recipient may copyright any books, publications or other copyrightable materials developed in the course of or under this Agreement. However, the federal awarding agency, State Administrative Agency (SAA) and City reserve a royalty-free, non-exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government, SAA and/or City purpose:

(1) the copyright in any work developed through this Agreement; and

(2) any rights of copyright to which the subcontractor purchases ownership with support through this grant. The Federal government’s, SAA’s and City’s rights identified above must be conveyed to the publisher and the language of the publisher’s release form must ensure the preservation of these rights.

t. Telecommunications (2 CFR 200.216) - Recipient will comply with FEMA Policy 405-143- 1, Prohibitions on Expending FEMA Award Funds on Covered Telecommunication Equipment or Services (Interim), which prohibits grant recipients and subrecipients from obligating or expending loan or grant funds to procure or obtain, extend or renew a contract to procure or obtain, or to enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

As described in Public Law 115-232, section 889, covered telecommunications equipment is:

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).

City of Santa Ana
RFP No. 23-090A

Page 37 of 47 ends

EXHIBIT 1

CITY OF SANTA ANA

(2) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

(3) Telecommunications or video surveillance services provided by such entities or using such equipment.

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

u. Domestic preferences for procurements (2 CFR 200.322) - Recipient agrees that as appropriate and to the extent consistent with law, it will, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). This requirement must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this provision: “produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; and “manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

v. Equal Employment in Construction Contracts - Pursuant to Equal Employment Opportunity requirements of 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375, as to any construction contract thereunder, if applicable, during the performance of this contract, the contractor agrees as follows:

(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

City of Santa Ana
RFP No. 23-090A

Page 38 of 47 ends

EXHIBIT 1

CITY OF SANTA ANA

(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

(4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

(6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

(8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance.

City of Santa Ana
RFP No. 23-090A

Page 39 of 47 ends

EXHIBIT 1

CITY OF SANTA ANA

Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit 1) and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal.

PROPOSER’S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Qualifications. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions.

__________________________________________________________________________________

LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS

__________________________________________________________________________________

BUSINESS ADDRESS

__________________________________________________________________________________

PRINTED NAME OF AUTHORIZED AGENT TITLE

__________________________________________________________________________________

SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS

__________________________________________________________________________________

FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IFAPPLICABLE)

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

ATTACHMENT A

PROPOSER’S CERTIFICATION, PROPOSAL ITEM PRICING
City of Santa Ana
RFP No. 23-090A

Page 40 of 47 ends

EXHIBIT 1

CITY OF SANTA ANA

List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications.

REFERENCE

Customer Name:_________________________Contact Individual: ____________________________

Address: ________________________________Phone Number:

_______________________________ EMAIL: ____________________________________

Contract Amount: ________________________Year: ______________________________________

Description of supplies, equipment, or services provided:

__________________________________________________________________________________

REFERENCE

Customer Name:_________________________Contact Individual: ____________________________

Address: ________________________________Phone Number:

_______________________________ EMAIL: ____________________________________

Contract Amount: ________________________Year: ______________________________________

Description of supplies, equipment, or services provided:

__________________________________________________________________________________

REFERENCE

Customer Name:_________________________Contact Individual: ____________________________

Address: ________________________________Phone Number:

_______________________________ EMAIL: ____________________________________

Contract Amount: ________________________Year: ______________________________________

Description of supplies, equipment, or services provided:

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

ATTACHMENT B

REFERENCES
City of Santa Ana
RFP No. 23-090A

Page 41 of 47 ends

EXHIBIT 1

CITY OF SANTA ANA

Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto.

Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City’s legal holidays), or the funds, check, draft, or proposer’s bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer’s bond substituted in lieu thereof shall be returned to the undersigned.

Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed.

All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP.

Firm________________________________________________________________________________

Signed and Printed Name: ______________________________________________________________

Title ________________________________________________________________________________

Date

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

ATTACHMENT C

PROPOSER’S STATEMENT
City of Santa Ana
RFP No. 23-090A

Page 42 of 47 ends

EXHIBIT 1

CITY OF SANTA ANA

(Title 23 United States Code Section 112 and Public Contract Code Section 7106)

To the CITY OF SANTA ANA

In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal.

Note: The above non-collusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this non-collusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution.

Signed____________________________________________________________________________

State of ________, County of __________________________________________________________

Subscribed and sworn to (or affirmed) before me on this________ day of_____________, 20____, by ________________________, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

________________________
Notary Public Signature Notary Public Seal

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

ATTACHMENT D

NON-COLLUSION AFFIDAVIT
City of Santa Ana
RFP No. 23-090A

Page 43 of 47 ends

EXHIBIT 1

CITY OF SANTA ANA

The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions.

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

The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.

Signed:

Title:

Firm:

Date:

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

ATTACHMENT E

NON-LOBBYING CERTIFICATION
City of Santa Ana
RFP No. 23-090A

Page 44 of 47 ends

EXHIBIT 1

CITY OF SANTA ANA

The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows:

1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.

3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Consultant’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders.

6. In the event of the Consultant’s non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law.

7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract

ATTACHMENT F

NON-DISCRIMINATION CERTIFICATION
City of Santa Ana
RFP No. 23-090A

Page 45 of 47 ends

EXHIBIT 1

CITY OF SANTA ANA

or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States.

8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter.

Signed:

Title:

Firm:

Date:

City of Santa Ana
RFP No. 23-090A

Page 46 of 47 ends

EXHIBIT 1

CITY OF SANTA ANA

On April 4, 2022, the federal government stopped using the DUNS Number to uniquely identify entities.

Now, entities doing business with the federal government use the Unique Entity ID created in SAM.gov.

They no longer have to go to a third-party website to obtain their identifier. This transition allows the government to streamline the entity identification and validation process, making it easier and less burdensome for entities to do business with the federal government.

This RFP includes federal funding, and as such, the proposer must provide verification of their SAM.gov UEI and registration status. Please attach your entity’s registration from SAM.gov, including UEI and active registration status.

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

ATTACHMENT G

SAM.GOV UE VERIFICATION
City of Santa Ana
RFP No. 23-090A

Page 47 of 47 ends

EXHIBIT 1

Santa Ana City CouncilNovember 7, 2023

Santa Ana City Council
November 7, 2023