Agenda packet — Santa Ana City Council, October 1, 2024 (part 4 of 12)

Project: City of Santa Ana - PF 678270
Date: Thu 6/13/24
Tangram Interiors | City of Santa Ana 28 City Council 14 – 45 10/1/2024 Tangram Interiors | City of Santa Ana 29

COST PROPOSAL
07 City Council 14 – 46 10/1/2024
Tangram Interiors | City of Santa Ana 31
Pricing Package B

PLAN CODE ITEM MANUFACTURER MODEL LEAD TIME QUANTITY UNIT COST TOTAL COST B-1 Bench COALESSE TOGETHER BENCH 6 WEEKS 1 $ 3,900.00 $ 3,900.00 B-2 Bench COALESSE RIPPLE UPHOLSTERED WAVE SEAT 4 WEEKS 1 $ 2,028.00 $ 2,028.00 CL-3 Lounge Chair STEELCASE i2i LOUNGE CHAIR 6 WEEKS 4 $ 1,640.00 $ 6,560.00 CL-5 Lounge Chair BLUDOT NONESUCH 4 $ 1,064.00 $ 4,256.00 CL-6 Lounge Chair COALESSE PASSERELLE 4 WEEKS 1 $ 2,418.00 $ 2,418.00 CR-3 Reader Chair COALESSE ENEA ALTZO 943 8 WEEKS 7 $ 408.00 $ 2,856.00 CR-4 Reader Stool COALESSE ENEA ALTZO 943 STOOL 8 WEEKS 9 $ 532.00 $ 4,788.00 CR-5 Reader Chair STEELCASE SHORTCUT WOOD CHAIR 6 WEEKS 4 $ 540.00 $ 2,160.00 CR-6 Reader Chair BLUDOT PORT CHAIR 8 $ 490.00 $ 3,920.00 CR-8 Reader Stool STEELCASE FACET BARSTOOL 6 WEEKS 12 $ 444.00 $ 5,328.00 TS-1a Side Table STEELCASE CAMPFIRE PAPER TABLE 4-6 WEEKS 5 $ 681.00 $ 3,405.00 TS-1b Side Table STEELCASE CAMPFIRE PAPER TABLE 4-6 WEEKS 2 $ 971.00 $ 1,942.00 TS-3 Side Table COALESSE TREES SIDE TABLE 4-6 WEEKS 3 $ 2,540.00 $ 7,620.00 TR-1A Reader Table COALESSE POTRERO415 COLLAB STANDARD 5 WEEKS 6 $ 5,208.00 $ 31,248.00 TR-1B Reader Table COALESSE POTRERO415 COLLAB STANDING 5 WEEKS 3 $ 5,518.00 $ 16,554.00 TR-1C Reader Table COALESSE POTRERO415 COLLAB STANDARD 5 WEEKS 1 $ 5,093.00 $ 5,093.00 TR-1D Reader Table COALESSE POTRERO415 COLLAB STANDARD 5 WEEKS 4 $ 4,837.00 $ 19,348.00 TR-1E Reader Table COALESSE POTRERO415 COLLAB STANDARD 5 WEEKS 2 $ 2,718.00 $ 5,436.00 TR-1Fa Reader Table COALESSE POTRERO415 COLLAB SQUARE 5 WEEKS 4 $ 2,512.00 $ 10,048.00 TR-1Fb Reader Table COALESSE POTRERO415 COLLAB SQUARE 5 WEEKS 1 $ 3,355.00 $ 3,355.00 TR-1Fc Reader Table COALESSE POTRERO415 COLLAB SQUARE 5 WEEKS 1 $ 2,377.00 $ 2,377.00 TR-1G Reader Table COALESSE POTRERO415 COLLAB 5 WEEKS 1 $ 6,641.00 $ 6,641.00 TT-1 Technology Table COALESSE POTRERO415 COLLAB SEATED 5 WEEKS 1 $13,269.00 $ 13,269.00 TM-1A Meeting Table STEELCASE VERB FLIP-TOP 7 WEEKS 14 $ 1,262.00 $ 17,668.00 TM-1B Meeting Table STEELCASE VERB FLIP-TOP 7 WEEKS 4 $ 1,272.00 $ 5,088.00 TM-1C Meeting Table STEELCASE VERB FLIP-TOP 7 WEEKS 2 $ 1,367.00 $ 2,734.00 ST-1 Storage Credenza STEELCASE CONVENE LOCKING CABINETS 5 WEEKS 3 $ 2,164.00 $ 6,492.00 ST-2 Storage Credenza STEELCASE EXPONENTS CREDENZA 6 WEEKS 2 $ 5,868.00 $ 11,736.00 $ 222,427.00
FURNITURE PACKAGE B (lump sum award)
Bid Form-Attachment J
FREIGHT $ 1,940.00
GRAND TOTAL FURNITURE PACKAGE B (A+B)
GRAND TOTAL AMOUNT WRITTEN IN WORDS (A+B): Two hundred twenty two thousand four hundred twenty seven dollars and zero cents.

SUBTOTAL FURNITURE PACKAGE B (A) $ 208,268.00
Design, Receive, Deliver, and Install Costs (B) $ 12,219.00 Storage Costs After 1 Month Free Storage (Monthly Fee-to include all labor associated with storage) $ 1,085.00 City Council 14 – 47 10/1/2024
Tangram Interiors | City of Santa Ana 33
Pricing Package D

PLAN CODE ITEM MANUFACTURER MODEL LEAD TIME QUANTITY UNIT COST TOTAL COST FL-1 File Cabinet STEELCASE UNIVERSAL LATERAL 5 DRAWER 6 WEEKS 2 $ 1,285.00 $ 2,570.00 FL-1A File Cabinet STEELCASE UNIVERSAL LATERAL 5 DRAWER 6 WEEKS 2 $ 1,271.55 $ 2,543.10 CT-1 Task Chair STEELCASE GESTURE WORK CHAIR 442 4 WEEKS 76 $ 950.74 $ 72,256.24 SS-1A Storage Shelving AURORA QUIK-LOK SHELVING 30 $ 417.96 $ 12,538.80 SS-1B Storage Shelving AURORA QUIK-LOK SHELVING 21 $ 606.56 $ 12,737.76 ST-3 Storage Cabinet AURORA QUIK-LOK SHELVING 23 $ 870.50 $ 20,021.50 ST-4 Storage Cabinet ULINE VERTICAL FILE CABINET 2-4 WEEKS 2 $ 665.00 $ 1,330.00 W-1 Workstation STEELCASE ANSWER PANEL SYSTEM 5 WEEKS 40 $ 3,953.06 $ 158,122.40 W-2 Workstation STEELCASE ANSWER PANEL SYSTEM 5 WEEKS 9 $ 3,268.00 $ 29,412.00 W-3 Workstation STEELCASE ANSWER PANEL SYSTEM 5 WEEKS 17 $ 1,013.47 $ 17,228.99 W-4 Workstation STEELCASE MIGRATION SE 11 WEEKS 6 $ 784.00 $ 4,704.00 $ 395,107.79
OFFICE FURNITURE PACKAGE D (lump sum award)
Bid Form-Attachment J
SUBTOTAL OFFICE FURNITURE PACKAGE D (A) $ 333,464.79
Design, Receive, Deliver, and Install Costs (B) $ 56,097.00 FREIGHT $ 5,546.00
Storage Costs After 1 Month Free Storage (Monthly Fee-to include all labor associated with storage) $ 2,820.00 GRAND TOTAL OFFICE FURNITURE PACKAGE D (A+B)
GRAND TOTAL AMOUNT WRITTEN IN WORDS (A+B): Three hundred ninety five thousand one hundred seven dollars and seventy nine cents.

City Council 14 – 48 10/1/2024
September 4, 2024
Dear Eddie Perkins,
At your request, I’m providing the sales tax information for Furniture Package B. Using the Santa Ana sales tax rate of 9.25%, the tax for Package B is equal to $20,575.

Grand Total Furniture Package (A+B) = $222,427
Sales Tax = $20,575
= $243,002
Grand Total Furniture Package (A+B) + Sales Tax Written in Words: Two hundred forty-three thousand and two dollars.

Please let me know if you have any questions or whether additional clarifications are needed.

Kimberly Barnow
Sales Executive
City Council 14 – 49 10/1/2024
September 4, 2024
Dear Eddie Perkins,
At your request, I’m providing the sales tax information for Furniture Package D. Using the Santa Ana sales tax rate of 9.25%, the tax for Package D is equal to $36,548.

Grand Total Furniture Package (A+B) = $395,107.79
Sales Tax = $36,548
= $431,655.79
Grand Total Furniture Package (A+B) + Sales Tax Written in Words: Three hundred thirty one thousand six hundred fifty five dollars and seventy nine cents.

Please let me know if you have any questions or whether additional clarifications are needed.

Kimberly Barnow
Sales Executive
City Council 14 – 50 10/1/2024
Tangram Interiors | City of Santa Ana 34

DESIGN RENDERINGS
08 City Council 14 – 51 10/1/2024
W-1
Answer Panel / Universal Surface / Migration SE HAD / Universal Overhead / Universal Personal Locker / AMQ S-Series Mobile Ped / Powerstrip Intro
Tangram Interiors | City of Santa Ana 35 City Council 14 – 52 10/1/2024 W-2
Universal Surface / Migration SE HAD / Universal Overhead / Universal Personal Locker / AMQ S-Series Mobile Ped / Powerstrip Intro / Wall Mount Slatwall Tile Tangram Interiors | City of Santa Ana 36 City Council 14 – 53 10/1/2024 W-3 (2-Pack)
Universal Surface / AMQ S-Series Mobile Ped / Powerstrip Intro Tangram Interiors | City of Santa Ana 37 City Council 14 – 54 10/1/2024 W-3 (8-Pack)
Answer Panel / Universal Surface / AMQ S-Series Mobile Ped / Powerstrip Intro Tangram Interiors | City of Santa Ana 38 City Council 14 – 55 10/1/2024 tangraminteriors.com
City Council 14 – 56 10/1/2024
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NEW TANGRAM, LLC
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SD87V9A7YPP2

CAGE/NCAGE
3QCK4
Jan 1, 2025
7/18/24, 10:09 AM SAM.gov
https://sam.gov/entities/view/SD87V9A7YPP2/coreData?status=Active&emrKeyValue=1511881~1704186888972503 1/5 City Council 14 – 57 10/1/2024

BUSINESS INFORMATION
Executive Compensation
Registrants in the System for Award Management (SAM) respond to the Executive Compensation questions in accordance with Section 6202 of P.L. 110-252, amending the Federal Funding Accountability and Transparency Act (P.L. 109-282). This information is not displayed in SAM. It is sent to USAspending.gov for display in association with an eligible award. Maintaining an active registration in SAM demonstrates the registrant responded to the questions.

SAM SEARCH AUTHORIZATION
Physical Address
9200 Sorensen AVE
Santa Fe Springs, California
90670-2645, United States
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9200 Sorensen AVE
Santa Fe Springs, California
90670-2645, United States
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NEW TANGRAM LLC
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www.tangraminteriors.com
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Tangram Interiors
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(blank)
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California 38
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Michigan, United States
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Jan 4, 2024
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Jan 2, 2024
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Jan 28, 2004
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Nov 1, 1994
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Dec 31
I authorize my entity's non-sensitive information to be displayed in SAM public search results:
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Yes

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No
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Tina Jackson
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9200 Sorensen Avenue
Santa Fe Springs, California 90670-2645
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Kimberly Wiggs, Sales Director
Address
9200 Sorenson AVE
Tangram Interiors
Santa Fe Springs, California 90670
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Primary Point of Contact
Rhonda Law, Account Manager
Address
9200 Sorensen Avenue
Santa Fe Springs, California 90670-2645
United States
7/18/24, 10:09 AM SAM.gov
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https://sam.gov/entities/view/SD87V9A7YPP2/coreData?status=Active&emrKeyValue=1511881~1704186888972503 5/5 City Council 14 – 61 10/1/2024

EXHIBIT C
City Council 14 – 62 10/1/2024
Tangram Interiors | City of Santa Ana 31
Pricing Package B

SUBTOTAL FURNITURE PACKAGE B (A) $ 208,268.00
Design, Receive, Deliver, and Install Costs (B) $ 12,219.00 Storage Costs After 1 Month Free Storage (Monthly Fee-to include all labor associated with storage) $ 1,085.00 City Council 14 – 63 10/1/2024
Tangram Interiors | City of Santa Ana 33
Pricing Package D

City Council 14 – 64 10/1/2024
September 4, 2024
Dear Eddie Perkins,
At your request, I’m providing the sales tax information for Furniture Package B. Using the Santa Ana sales tax rate of 9.25%, the tax for Package B is equal to $20,575.

Grand Total Furniture Package (A+B) = $222,427
Sales Tax = $20,575
= $243,002
Grand Total Furniture Package (A+B) + Sales Tax Written in Words: Two hundred forty-three thousand and two dollars.

Please let me know if you have any questions or whether additional clarifications are needed.

Kimberly Barnow
Sales Executive
City Council 14 – 65 10/1/2024
September 4, 2024
Dear Eddie Perkins,
At your request, I’m providing the sales tax information for Furniture Package D. Using the Santa Ana sales tax rate of 9.25%, the tax for Package D is equal to $36,548.

Please let me know if you have any questions or whether additional clarifications are needed.

Kimberly Barnow
Sales Executive
City Council 14 – 66 10/1/2024

EXHIBIT D
City Council 14 – 67 10/1/2024
1 FEDERAL CONTRACT PROVISIONS
During the performance of this Agreement, Contractor shall comply with all applicable federal laws and regulations including, but not limited to, the federal contract provisions in this Exhibit.

City Council 14 – 68 10/1/2024
2 (v) 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. (vi) 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.
(vii) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement 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.
(viii) The Contractor will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) 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:

Provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.

The City further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work:

Provided, That if the City so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Agreement.

The City agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of the Contractor and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The City further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction City Council 14 – 69 10/1/2024
3 contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the City agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this project; refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
(c) Appendix II to Part 200 (D) – Davis-Bacon Act: Not applicable to this Agreement since it is funded by CSLFRF.
(d) Appendix II to Part 200 (D) – Copeland “Antti-Kickback” Act: Not applicable to this Agreement since it is funded by CSLFRF.
(e) Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act:
(i) Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (ii) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section. (iii) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the Contractor, such sums as may be determined to be necessary to satisfy any liabilities of Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section. (iv) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The City Council 14 – 70 10/1/2024
4 Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section. (f) Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the Contractor wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the Contractor must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.. (g) Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act:
(i) Pursuant to the Clean Air Act, (1) Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Contractor agrees to include these requirements in each subcontract exceeding $150,000.
(ii) Pursuant to the Federal Water Pollution Control Act, (1) Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Contractor agrees to include these requirements in each subcontract exceeding $150,000.
(h) Appendix II to Part 200 (H) – Debarment and Suspension:
(i) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (ii) Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
(iii) This certification is a material representation of fact relied upon by City. If it is later determined that Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) Contractor warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Contractor also agrees to verify that all subcontractors performing work under this Agreement are not debarred, disqualified, City Council 14 – 71 10/1/2024
5 or otherwise prohibited from participation in accordance with the requirements above. Contractor further agrees to notify the City in writing immediately if Contractor or its subcontractors are not in compliance during the term of this Agreement.
(i) Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. (j) Appendix II to Part 200 (J) – §200.323 Procurement of Recovered Materials:
(i) Contractor shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement. (ii) In the performance of this Agreement, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule; meeting contract performance requirements; or at a reasonable price. (iii) Information about this requirement, along with the list of EPA-designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (iv) The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.” (k) Appendix II to Part 200 (K) – §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment:
(i) Contractor shall not 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 funded under this Agreement. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1) 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 City Council 14 – 72 10/1/2024
6 Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
(2) Telecommunications or video surveillance services provided by such entities or using such equipment.
(3) 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.
(ii) See Public Law 115-232, section 889 for additional information. (l) Appendix II to Part 200 (L) – §200.322 Domestic Preferences for Procurement:
(i) Contractor shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts.
(ii) For purposes of this section:
(1) “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.
(2) ‘‘Manufactured products’’ means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

2. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321) (a) Contractor shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award.
(b) Affirmative steps shall include:
(i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
(ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;
City Council 14 – 73 10/1/2024
7 (iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and (v) Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce. (c) Contractor shall submit evidence of compliance with the foregoing affirmative steps when requested by the City.

3. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS

LOCAL FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS
(a) Maintenance of and Access to Records. Contractor shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury’s regulations implementing that section, and guidance issued by Treasury regarding the foregoing.

Contractor agrees to provide the City, Treasury Office of Inspector General and the Government Accountability Office, or any of their authorized representatives access to any books, documents, papers, and records (electronic an otherwise) of the Contractor which are directly pertinent to this Agreement for the purposes of conducting audits or other investigations. Records shall be maintained by Contractor for a period of five (5) years after completion of the Project. (b) Compliance with Federal Regulations. Contractor agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. Contractor also agrees to comply with all other applicable federal statutes, regulations, and executive orders, including, without limitation, the following:
(i) Universal Identifier and System for Award Management (SAM), 2 C.F.R.

Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference.
(ii) Reporting Subaward and Executive Compensation Information, 2 C.F.R.

Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference.
(iii) OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R.

Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31 C.F.R. Part 19.
(iv) Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. (v) Government-wide Requirements for Drug-Free Workplace, 31 C.F.R. Part

20. (vi) New Restrictions on Lobbying, 31 C.F.R. Part 21. (vii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations.

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8 (c) Compliance with Federal Statutes and Regulations Prohibiting Discrimination.

Contractor agrees to comply with statutes and regulations prohibiting discrimination applicable to the CSLFRF program including, without limitation, the following:
(i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance.
(ii) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability.
(iii) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance.
(iv) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance. (v) Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.
(d) False Statements. Contractor understands that making false statements or claims in connection with the CSLFRF program is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law.
(e) Protections for Whistleblowers.
(i) In accordance with 41 U.S.C. § 4712, Contractor may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. (ii) The list of persons and entities referenced in the paragraph above includes the following:

Congress;
(1) A member of Congress or a representative of a committee of (2) An Inspector General;
(3) The Government Accountability Office;
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9 (4) A Treasury employee responsible for contract or grant oversight or management;
(5) An authorized official of the Department of Justice or other law enforcement agency;
(6) A court or grand jury; or
(7) A management official or other employee of Contractor, or a subcontractor who has the responsibility to investigate, discover, or address misconduct. (f) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Contractor is encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles, and encourage its subcontractors to do the same (g) Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Contractor should encourage its employees and subcontractors to adopt and enforce policies that ban text messaging while driving, and Contractor should establish workplace safety policies to decrease accidents caused by distracted drivers. (h) Assurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to the Project, including, but not limited to, the following:
(i) Contractor ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance documents.
(ii) Contractor acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency (LEP),” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, are limited in their English proficiency. Contractor understands that the denial of access to persons to its programs, services and activities because of their limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964. Accordingly, Contractor shall initiate reasonable steps, or comply with Treasury’s directives, to ensure meaningful access to its programs, services and activities to LEP persons. Contractor understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary to ensure effective communication in the Project.
(iii) Contractor agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on LEP, please visit http://www.lep.gov.

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10 (iv) Contractor acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon Contractor and Contractor’s successors, transferees and assignees for the period in which such assistance is provided.
(v) Contractor agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Contractor and the Contractor’s subcontractors, successors, transferees and assignees:

The subcontractor, successor, transferee and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also extends protection to persons with “Limited English proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement).
(vi) Contractor understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Contractor, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Contractor for the period during which it retains ownership or possession of the property. (vii) Contractor shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. Contractor shall comply with information requests, on-site compliance reviews, and reporting requirements. (viii) Contractor shall maintain a complaint log and inform the Department of the Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Contractor must also inform the Department of the Treasury if Contractor has received no complaints under Title VI. (ix) Contractor must provide documentation of an administrative agency’s or court’s findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other agreements between the Contractor and the administrative agency that made the finding. If the Contractor settles a case or matter alleging such discrimination, Contractor must provide documentation of the settlement. If Contractor has not been the subject of any court or administrative agency finding of discrimination, please so state.

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Agreement_New Tangram LLC dba Tangram
Interiors (Library Furniture) unsigned
Final Audit Report 2024-09-16
Created: 2024-09-16
By: Dylan Dario ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAATn5FXXOCvIxNBEheep2whA0Lwr896-va "Agreement_New Tangram LLC dba Tangram Interiors (Library Furniture) unsigned" History
Document created by Dylan Dario ([email protected])
2024-09-16 - 4:22:39 PM GMT
Document emailed to Brian Sternberg ([email protected]) for signature 2024-09-16 - 4:23:08 PM GMT
Email viewed by Brian Sternberg ([email protected]) 2024-09-16 - 4:37:26 PM GMT
Document e-signed by Brian Sternberg ([email protected]) Signature Date: 2024-09-16 - 4:37:34 PM GMT - Time Source: server Document emailed to Nick Greenko ([email protected]) for signature 2024-09-16 - 4:37:38 PM GMT
Email viewed by Nick Greenko ([email protected]) 2024-09-16 - 4:55:54 PM GMT
Document e-signed by Nick Greenko ([email protected]) Signature Date: 2024-09-16 - 5:02:20 PM GMT - Time Source: server Agreement completed.
2024-09-16 - 5:02:20 PM GMT
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CITY OF SANTA ANA
AGREEMENT WITH J.K. MIKLIN, INC., DBA YAMADA ENTERPRISES TO

PROVIDE PUBLIC AND OFFICE FURNITURE AND INSTALLATION SERVICES

FOR THE MAIN LIBRARY RENOVATION PROJECT
THIS AGREEMENT is made and entered into this 1st day of October 2024 by and between J.K.

Miklin, Inc., a California corporation dba Yamada Enterprises (“Contractor”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A.

On June 6, 2024, the City issued Request for Proposals (“RFP”) No. 24-080A, by which it sought a qualified contractor to provide library public furniture and modular officer furniture services.

Contractor submitted a responsive proposal that was selected by the City.

Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 24-080A.

In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting 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
Contractor shall perform the services described in the Scope of Work from RFP No. 24- 080A attached hereto as Exhibit A and incorporated in full, and as further described in Contractor’s Proposal, attached hereto as Exhibit B and incorporated in full.

2. COMPENSATION
a. City agrees to pay, and Contractor agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Contractor’s Fee Schedule, which is attached as Exhibit C and incorporated in full. The total sum to be expended under the term of this Agreement, including any extension periods, shall not exceed Four Hundred Seventy-Three Thousand, Seven Hundred Fifty-Nine and 00/100 Dollars ($473,759). The sum is comprised of (1) the base amount of $411,964 and (2) a fifteen percent (15%) contingency in the amount of $61,795 for additional services at the City’s sole discretion. b. Payment by City shall be made within forty-five (45) days following receipt of

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proper invoice evidencing work performed, subject to City accounting procedures. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers.

Contractor agrees to execute the City’s standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor’s account(s) with financial institutions.
c. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City.

3. TERM
This Agreement shall commence on the date first written above and terminate on December 31, 2026, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for up to one (1) one-year period upon a writing executed by the City Manager and City Attorney.

4. PREVAILING WAGES
Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the services being performed are part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

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

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6. 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 Contractor under this Agreement (“Documents & Data”).

Contractor 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. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor 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.

7. INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Contractor. a. Minimum Scope and Limit of Insurance
(1) Commercial General Liability (CGL). Insurance Services Office (“ISO”) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Require policy limits can be met with primary and umbrella/excess insurance policies.
(2) Automobile Liability (AL). ISO Form CA 00 01 covering Code 1 (any auto), with combined single limits of $1,000,000.
(3) Workers’ Compensation. As required by the State of California, with statutory limits, and employer’s liability insurance with limit of no less than $1,000,000 per accident, per employee, per policy for bodily injury or disease.

This requirement can be waived if Contractor has no employees (4) Broader Coverage. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

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b. Other Insurance Provisions
The above required insurance policies are to contain or be endorsed to contain the following provisions:
(1) Additional Insured Status. The City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds on the CGL and AL policies 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. (2) Waiver of Subrogation. Contractor shall require its insurance company(ies) to waive all rights of subrogation against City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from performed by Contractor for City. (3) Primary Coverage. For any claims related to this contract, the Contractor’s insurance coverage shall be primary and any insurance or self-insurance maintained by City, its City Council, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
(4) Severability. A severability of interest provision must apply for all the additional insured, ensuring that Contractor’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability.
(5) Notice of Cancellation. Insurance policy(ies) herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment.
(6) Certificate Holder. The Certificate Holder on each Evidence of the Insurance certificate shall be: City of Santa Ana, Attn: (name of department staff responsible for Agreement), 20 Civic Center Plaza M-XX (responsible staff’s department mail box), Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate.
c. Self-Insured Retentions. Self-insured retentions must be declared to and approved by the City. City may require 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.

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d. 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 City.
e. Verification of Coverage. Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City 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 City reserves the right to require complete, certified copies of all required insurance policies,including endorsements required by these specifications, at any time.
f. Claims Made Policies. If any of the required policies provide coverage on a claims-made basis:
(1) The retroactive date must be shown and must be before the date of the Agreement or the beginning of work.
(2) Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work.
(3) If coverage is cancelled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, Contractor must purchase “extended reporting” coverage for a minimum of three (3) years after completion of work.
g. Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

8. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, 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 or its subcontractors, agents, employees, or other persons acting on their 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,

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by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor 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 of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.

9. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney’s fees, for infringement of any United States’ letters patent, trademark, or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement.

10. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor 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 Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor 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. Contractor 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 Contractor under this Agreement.

11. 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, Contractor 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 Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of

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law; or (e) is independently developed by the Contractor without reference to information disclosed by the City.

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

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

To City: City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Executive Director
Library Services Agency
City of Santa Ana
20 Civic Center Plaza (M-75)
P.O. Box 1988
Santa Ana, CA 92702
To Contractor: J.K. Miklin, Inc., dba Yamada Enterprises Attn: Jr. Arroyo, Representative
16552 Burke Lane
Huntington Beach, CA 92647
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.

14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and

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Contractor regarding the subject matter herein, 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 Contractor 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 are not embodied herein.

15. 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 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.

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

17. TERMINATION
This Agreement 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 Contractor 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 completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement.

18. NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital

Page 8 of 11 ends

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. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.

19. 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.

20. PROFESSIONAL LICENSES
Contractor 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. Contractor 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.

21. FUNDING-RELATED PROVISIONS
Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds (“CSLFRF”) program, will be used to fund all or a portion of this Agreement. As applicable, Contractor shall comply with all federal requirements including, but not limited to, the following, all of which are expressly incorporated herein by reference:
a. Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the “Act”);
b. U.S. Department of the Treasury (“Treasury”) Final Rule for the Act, available at https://www.govinfo.gov/content/pkg/FR-2022-01-27/pdf/2022-00292.pdf; c. Treasury Compliance and Reporting Guidance for the Act, available at https://home.treasury.gov/system/files/136/SLFRF-Compliance-and-Reporting-Guidance.pdf; d. 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of the Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions as may be otherwise provided by the U.S. Department of the Treasury;

Page 9 of 11 ends

e.
f.

Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and
Federal contract provisions attached hereto as Exhibit D and incorporated herein by reference.

Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in this Agreement. With respect to any conflict between such federal requirements and the terms of this Agreement and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control.

22. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
[signature page follows]

Page 10 of 11 ends

SIGNATURE PAGE FOR
AGREEMENT WITH J.K. MIKLIN, INC., DBA YAMADA ENTERPRISES TO

PROVIDE PUBLIC AND OFFICE FURNITURE AND INSTALLATION SERVICES

FOR THE MAIN LIBRARY RENOVATION PROJECT
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.

ATTEST: CITY OF SANTA ANA
________________________
Jennifer L. Hall
_________________________
Alvaro Nuñez
City Clerk City Manager

APPROVED AS TO FORM
SONIA R. CARVALHO
City Attorney

CONTRACTOR
By ____________________________
Parker Braverman
Deputy City Attorney President

RECOMMENDED FOR APPROVAL
____________________________
Brian Sternberg.

Executive Director
Library Services Agency

Page 11 of 11 ends

EXHIBIT A
City Council 14 – 163 10/1/2024

CITY OF SANTA ANA

EXHIBIT I

SCOPE OF SERVICES
Contractor shall perform services as set forth below and per Exhibit VI Furniture Specifications.

1. 2.

Contractor shall provide a dedicated local representative.

Contractor shall review drawing for completeness, accuracy, and proper application of product prior to installation.

3. Defective/Damaged Products/Missing Parts: Contractor shall notify City of defective /damaged / missing part products prior to delivery and place such products on re-order.

Contractor shall notify City of lead time on re-ordered products.

4. 5.

Partial Shipments: Partial shipments will not be accepted by the City unless authorized by the City.

Manufacturer/Factory Delays: Contractor shall notify City of any manufacturer/factory delays. City reserves the right to cancel orders due to manufacturer/factory delays, if it is in the best interest of the City. The City may elect to cancel order and seek equivalent product from another course.

The Contractor shall be held liable for price difference and the City may seek damages.

Missing Parts: At City’s request, Contractor shall provide usable and good quality loaner furniture for City’s use until missing parts are received and successfully installed to the satisfaction of the City.

Warehousing: Contractor(s) shall have the capacity to provide storage for office furniture ordered by the City when a project delay occurs. The Contractor(s) must provide warehousing at no cost to the City for a minimum of thirty (30) days. Please provide a monthly fee (to include any associated labor) for storage costs following the 30 days on Attachment J – Furniture Bid Form.

6. 7.

8. Any damage to City property incurred by Contractor will be repaired at the Contractor’s expense and any repairs will not be accepted unless approved by City.

9. Contractor shall pre-inspect furniture for quality, damages and/or completeness or order prior to scheduling delivery.

10. Contractor is responsible for the disposal of all packaging materials from products ordered by the City off and on City site. All trash and debris must be removed and disposed each day of installation in an appropriate manner.

11. 12.

Uncrating at location of delivery will not allowed unless authorized by City.

Furniture shall be delivered blanket wrapped, unwrapped, assembled, set in place, wiped clean of all fingerprints and function demonstrated to City.

13. Contractor shall ensure delivery site is left in a clean and orderly manner after installation is complete.

City of Santa Ana City Council RFP 24-080A 14 – 164 10/1/2024 Page 19 of 42

EXHIBIT B
City Council 14 – 165 10/1/2024
RESPONSE FOR PROPOSAL NO. 24-080A

FOR CITY OF SANTA ANA

LIBRARY PUBLIC FURNITURE AND

MODULAR OFFICE FURNITURE SERVICES
PREPARED BY:

NOAH READ
[email protected]
Library Interiors
16552 Burke Lane • Huntington Beach, CA • 92647-4538
(714) 843-9882 • (800) 444-4594 • FAX (714) 843-9202
City Council 14 – 166 10/1/2024

CITY OF SANTA ANA

LIBRARY PUBLIC FURNITURE AND

MODULAR OFFICE FURNITURE SERVICES
RFP NO. 24-080A

TABLE OF CONTENTS

COVER PAGE
STATEMENT OF QUALIFICATIONS: Pages
Cover Letter
Letter…………………………………………………………………………………...…1
Services Provided
Description……...……………………………………………………..………………2-3
Agreement Statement
Statement…………………………………………………………………………...……4
Firm and Team Experience
Employee Roles, Descriptions and Contact Information…………...…………….5-7 Proposal Work Plan
Statement………………….…………………………………………………..……..8-10
References
Attachment B…………………………………….………….……..…………………..11

BACK COVER PAGE
Library Interiors
16552 Burke Lane • Huntington Beach, CA • 92647-4538
City Council (714) 843-9882 • (800) 444-4594 • FAX (714) 843-9202 14 – 167 10/1/2024 1 City Council 14 – 168 10/1/2024
Services Provided
Yamada Enterprises has been dedicated to furnishing complete library interiors for more than 40 years. As a distributor for various manufacturers, we offer a selection of quality products that include bookstacks, mobile compact shelving systems, library furniture, seating, and miscellaneous accessories. The broad scope of our work enables our clients to enjoy a turnkey furniture and equipment installation from a single source supplier.

Yamada Enterprises (Yamada) shall perform services as set forth below and per Exhibit VI Furniture Specifications.

1. Yamada dedicated local representative is Noah Read.

2. Yamada shall review drawing for completeness, accuracy, and proper application of product prior to installation.

3. Defective/Damaged Products/Missing Parts: Yamada shall notify City of defective /damaged / missing part products prior to delivery and place such products on re-order.

Yamada shall notify City of lead time on re-ordered products.

4. Partial Shipments: Partial shipments will not be accepted by the City unless authorized by the City.

5. Manufacturer/Factory Delays: Yamada shall notify City of any manufacturer/factory delays. The City reserves the right to cancel orders due to manufacturer/factory delays, if it is in the best interest of the City. The City may elect to cancel the orders prior to material going into production and seek equivalent product from another course. Yamada shall be held liable for the price difference and the City may seek damages. Custom made orders are non-returnable and non-refundable.

6. Missing Parts: At the City’s request, Yamada shall provide usable and good quality loaner furniture for the City’s use until missing parts are received and successfully installed to the satisfaction of the City.

7. Warehousing: Yamada(s) shall have the capacity to provide storage for office furniture ordered by the City when a project delay occurs. The Yamada(s) will provide warehousing at no cost to the City for a minimum of thirty (30) days.

Library Interiors
16552 Burke Lane • Huntington Beach, CA • 92647-4538
(714) 843-9882 • (800) 444-4594 • FAX (714) 843-9202
2 City Council 14 – 169 10/1/2024

8. Any damage to City property incurred by Yamada will be repaired at the Yamada’s expense and any repairs will not be accepted unless approved by City.

9. order prior to scheduling delivery.

10. Yamada is responsible for the disposal of all packaging materials from products Yamada shall pre-inspect furniture for quality, damages and/or completeness or ordered by the City off and on City site. All trash and debris must be removed and disposed each day of installation in an appropriate manner.

11. Uncrating at location of delivery will not be allowed unless authorized by City.

12. Furniture shall be delivered blanket wrapped, unwrapped, assembled, set in place, wiped clean of all fingerprints and function demonstrated to City.

13. Yamada shall ensure the delivery site is left in a clean and orderly manner after installation is complete.

Library Interiors
16552 Burke Lane • Huntington Beach, CA • 92647-4538
(714) 843-9882 • (800) 444-4594 • FAX (714) 843-9202
3 City Council 14 – 170 10/1/2024
4 City Council 14 – 171 10/1/2024

CITY OF SANTA ANA

LIBRARY PUBLIC FURNITURE AND

MODULAR OFFICE FURNITURE SERVICES
RFP NO. 24-080A
Firm and Team Experience:

Yamada Enterprises is located at:
16552 Burke Lane, Huntington Beach, CA 92647
Phone: 800-444-4594, Fax: 714-843-9202
Website: www.yamadaenterprises.com
Yamada Enterprises was incorporated in the State of California as a C-Corporation on 12/15/97 as J.K. Miklin, Inc. dba Yamada Enterprises. Yamada Enterprises is currently an S-Corporation in the State of California (as of 01/01/14). Prior to 1997 Yamada Enterprises was a sole proprietor owned company.

Yamada Enterprises is bonded and insured and is in compliance with all applicable registration and licenses to do business in the State of California under Contractors State License Board License #582156, expiration 03/31/26, Class C61/D24/D34 and is currently registered with the DIR under #1000001651, expiration 06/30/25.

Yamada Enterprises has a core group of sales representative and support staff that have over 100 years of combined experience in the library and public furniture industry.

Parker Braverman, Linda Braverman, Noah Read, Jr Arroyo and Ferrari Chamlern handle inside and outside sales as well as estimating, customer service, sales support, and project management. Caesar Lara and Octavio Trejo handle CAD drawings, estimating and project management. Tracey Nguyen handles administrative duties, accounting, insurance, labor compliance and contracts. Yamada will dedicate all eight employees to work directly with the City of Santa Ana on this agreement. Employees are all cross trained in numerous areas to be able to respond to customer requests in a timely manner.

QUALIFICATIONS:

Primary points of contact will be Parker Braverman for items requiring corporate decisions. Noah Read will be the primary point of contact for initial quote inquiries, project management and any other general inquiries regarding the RFP and can be reached at [email protected] or 714 587-1567.

Library Interiors
16552 Burke Lane • Huntington Beach, CA • 92647-4538
(714) 843-9882 • (800) 444-4594 • FAX (714) 843-9202
5 City Council 14 – 172 10/1/2024
Parker Braverman (President / Sales), ext. 13 - [email protected] Parker has 14 years of experience with Yamada Enterprises in sales, customer service, estimating, and space planning. Recently Parker acquired the role of President of Yamada Enterprises. Some of Parker’s projects are the Agnews K-12 School, Banning Library, El Centro Library, Pacific Highlands Ranch Library, West Covina Library and Glendale Library.

Linda Braverman (VP / Sales), ext. 12 - [email protected] Linda has 36 years of experience with Yamada Enterprises in sales, estimating, project management, customer service, site visits and field dimensioning, space planning. Linda was previously the Owner/President and is now the Vice President of Yamada Enterprises. Some of Linda’s past projects include the new Central San Diego Public Library, West Hollywood Branch Library, University of California, San Diego, Providence High School, San Bernardino County Law Library, Chapman University and Southwestern College.

Noah Read (Sales / PM), ext. 13 - [email protected] Noah has 13 years of experience with Yamada Enterprises in sales, estimating, project management, customer service, site visits and field dimensioning and assistant to Linda Braverman. Prior to working for Yamada Enterprises, Noah had 7 years of experience in customer service, order tracking, fulfillment, management, and IT. Some of Noah’s most recent projects are Whittier Library, Lakeside Library, Placentia Library, Newhope Library, and Glendora Library.

Caesar Lara (CAD / Engineering / PM), ext. 17 – [email protected] Caesar has 24 years of experience with Yamada Enterprises in CAD, estimating, sales, site visits and field dimensioning. Prior to working for Yamada Enterprises, Caesar had 15 years’ experience in the CAD, architectural/design/engineering industry and worked for another library interiors firm performing similar duties. Some of Caesar’s past projects include the Corona Public Library, The Getty Center, Stanford University, Riverside Main Library, and numerous modernizations for County of Orange to include the Brea Library, Cypress Library, El Toro Library, and Westminster Library.

Octavio Trejo (CAD / PM), ext. 22 - [email protected] Octavio has 17 years of experience with Yamada Enterprises in CAD, estimating, sales, project management and customer service. Prior to working for Yamada Enterprises, Octavio had 7 years’ experience in the CAD, customer service and order fulfillment industries. Some of Octavio’s current projects Orange County Sanitation District Headquarter, Florence Library, Pasadena Rose Palace, and San Diego State University – Love Library.

Library Interiors
16552 Burke Lane • Huntington Beach, CA • 92647-4538
(714) 843-9882 • (800) 444-4594 • FAX (714) 843-9202 6
City Council 14 – 173 10/1/2024
Jr Arroyo (Estimating / Sales / Support), ext. 11 - [email protected] Jr has 3 years of experience with Yamada Enterprises in estimating, sales, project management, customer service and space planning. Prior to working for Yamada Enterprises, Jr had 17 years of experience in estimating, customer service, general office management, order fulfillment and project tracking. Some of Jr’s recent projects include the Huntington Beach Central Library, Inyo County Library, Madera Community Academy Village and Newport Beach Library.

Tracey Nguyen (Admin./Labor Compliance), ext. 18 [email protected] Tracey has 4 years of experience with Yamada Enterprises in office management, contract administration, public works labor compliance to include prevailing wage, PLA, PSA, Skilled and Trained Workforce, certified payroll, insurance requirements, accounts payable and receivable. Prior to working for Yamada Enterprises, Tracey had 8 years of experience in similar office environments performing similar tasks in the sheet metal industry.

There have been no contracts terminated, nor has Yamada Enterprises been held in default or failed to complete work in the history of the company. There have been no recent legal proceedings and/or arbitration against Yamada Enterprises currently or within the last three years.

If Yamada Enterprises enters any contractual obligations where notification of changes in key personnel is required, those projects and/or contracts are noted by our administrator on a master list. Should a change in key personnel be made on any of those projects, the appropriate contacts issuing those contracts will be notified via email with read receipt requested.

Library Interiors
16552 Burke Lane • Huntington Beach, CA • 92647-4538
(714) 843-9882 • (800) 444-4594 • FAX (714) 843-9202 7 City Council 14 – 174 10/1/2024 Proposed Work Plan
Yamada Enterprises regularly works as part of a project team on many of our projects. We work closely with end users, purchasing departments, contractors, electricians, architects, designers, project managers, City inspectors, structural engineers, and construction managers. We understand the careful coordination involved between all parties and believe that constant, open communication is imperative to a project’s success.

While some of Yamada Enterprises employees specialize in certain types of furniture or equipment, all employees have been cross trained in several product fields. This ensures that at any given time, there will be someone available to address your needs and concerns and get back to you with the appropriate information in a reasonable time frame.

When a request for quote/RFP comes in, it is distributed to the sales representative best suited to handle that particular request at that time. This can be based on a number of factors including, but not limited to, what product is being requested, familiarity with the particular product or manufacturer and sales personnel availability.

The general quote / order / delivery / installation process is as follows:

1. Quote/RFP inquiries can be emailed to Noah Read, where they will be distributed to Sales/Sales Support Staff or handled directly by Noah. a. Customer will be notified as to who will be handling their quote request and be provided with their contact information (phone and email). b. Quote/RFP inquires can also be made by phone with a subsequent follow up email request.

2. Sales/Sales Support Staff will communicate directly with City personnel making the inquiry to make sure complete scope of work is understood. a. Sales will begin working on quote/RFP for materials as well as obtaining project specific freight and installation costs.
b. The CAD/Engineering department will be included in the process if floor plans, space planning and/or other design related elements are required for project.
c. If a meeting or site visit is requested or necessary, it will be scheduled at this time.

3. Sales will email completed quote/RFP to City personnel making the inquiry. a. Sales will follow up with City personnel in an appropriate amount of time to confirm receipt of quote/RFP, make sure information provided is sufficient and fulfills City personnel’s request.

Library Interiors
16552 Burke Lane • Huntington Beach, CA • 92647-4538
(714) 843-9882 • (800) 444-4594 • FAX (714) 843-9202
8 City Council 14 – 175 10/1/2024

4. City to email purchase order/contract to the specific Sales Staff member that provided the quote/RFP.
a. Purchase order/contract can also be emailed to Noah Read, referencing the Yamada Enterprises quote number/RFP (upper right-hand corner of quote) or by attaching a copy of the Yamada quote/RFP with the purchase order/contract.
b. A project file will be started and if there are no questions, Sales will place order with manufacturers. Any questions will be addressed prior to placing orders with manufacturers.
c. City personnel will be notified that order has been placed. Manufacturing lead times for this specific project range from 2-18 weeks. Orders will be released into manufacturing based on the approved furniture delivery date provided by the City to ensure on-time delivery.
d. If any approvals are required by City personnel (i.e. shop drawings, color or finish samples, etc.) the dedicated Yamada Sales Staff member for the project will forward items for approval via email or mail depending on items to be approved. City personnel to return all approvals to our Sales Staff with signatures/initials and dates indicating acceptance. Approvals will immediately be returned to manufacturers so production can commence.

Meetings with City personnel to review plans, colors/finishes and samples can also be scheduled at this time. During this process, suggestions, and/or special concerns such as value engineering opportunities and ADA compliance will be brought to the City’s attention for consideration. e. When Yamada Enterprises receives an acknowledgment from the manufacturer indicating an estimated ship date, Sales Staff member will convey this information to City personnel.
f. Yamada Enterprises Sales Staff will follow up with manufacturers on a regular basis and provide updates to City personnel. City personnel will immediately be notified of any scheduling changes by Sales Staff.

5. Once material is ready to ship, Sales Staff will coordinate with City personnel regarding scheduling and coordination.
a. Yamada Enterprises Sales Staff will coordinate with City personnel, manufacturer, freight company and our installation crew to assure that installers meet the truck to unload material and begin installation or offload material into storage as designated by City personnel.
b. After material ships, Yamada Enterprises Sales Staff will notify City personnel of estimated delivery date and time. Our Sales Staff will continue to monitor the shipment to assure delivery is made in a timely manner. Our installation crew will be updated daily on the shipment progress. Sales Staff will contact City personnel 24 hours prior to delivery confirm and finalize delivery instructions.
c. Yamada Enterprises installation crew will meet the delivery truck, offload, and begin installation. Once installation is complete, our installation crew will notify City personnel that project is complete. The delivery and installation timeframe for this specific project will range from 4-6 weeks depending on the awarded scope.

Library Interiors
16552 Burke Lane • Huntington Beach, CA • 92647-4538
(714) 843-9882 • (800) 444-4594 • FAX (714) 843-9202
9 City Council 14 – 176 10/1/2024
d. Yamada Enterprises Sales Staff will follow up with City personnel to confirm installation was completed to their satisfaction.

6. Depending on individual project requirements, Yamada Enterprises Sales Staff and/or Installation Crew member will attend any construction or coordination meetings necessary to make sure project runs smoothly, on schedule and without incident.
a. Punch-list meetings, if required will also be attended by a Yamada Enterprises Sales Staff and/or Installation Crew member if required and as needed.

7. Yamada Enterprises will invoice City per instructions listed on City provided purchase order and within this RFP.
a. If project is to be done in phases, or if material is to be stored for an extended period of time, Yamada Enterprises Sales Staff will discuss partial invoicing for materials that have been installed, procured and stored, storage fees and any additional handling fees that may be required due to jobsite delays, all in accordance with terms within this RFP. Balance of project will be invoiced upon completion.

Library Interiors
16552 Burke Lane • Huntington Beach, CA • 92647-4538
(714) 843-9882 • (800) 444-4594 • FAX (714) 843-9202
10 City Council 14 – 177 10/1/2024

CITY OF SANTA ANA

ATTACHMENT B

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

REFERENCE
Customer Name:_________________________Contact Individual: ____________________________ LA County Library Ken Kurose 7400 imperial Hwy (562) 940-6979
Address: ________________________________Phone Number:
___D_ _o_w_n_e_y_,_C_A__9_0_2_4_2_____________ EMAIL: _______K_K_u_r_o_se_@__l_ib_r_a_ry_._la_c_o_u_n_t y_._g_o_v______ Contract Amount: ___$_8_1_0_,0_0_0_._0_0____________Year: _________2_0_2_4__________________________ Description of supplies, equipment, or services provided:

West Covina Library: Turnkey design, procurement, and installations servcies for library shelving and furniture. __________________________________________________________________________________

REFERENCE
San Diego County Library
Customer Name:_________________________Contact Individual: ____________________________ Amber Torres
Address: ____ (858) 495-5036 5_5_6_0_O__v_e_rl_a_n_d_A_v_e_._____________Phone Number:
_______________________________ EMAIL: _____ San Diego, CA 92123 A__m_b_e_r_. T_o_r_re_s_s_@__s_d_c_o_u_n_ty_._c_a_.g_o_v_____ Contract Amount: ____$_8_5_8_,_0_0_0_.0_0___________Year: _________2_0_2_3__________________________ Description of supplies, equipment, or services provided:

Lakeside Library: Turnkey design, procurement, and installation services for library shelving and furniture. __________________________________________________________________________________

REFERENCE
Customer Name:___W__h_itt_ie_r_P__u_b_lic__L_i b_r_a_r y______Contact Individual: ____P_a_y_m_ _a_n_e_h_M_ _a_g_h_s o_u_d_i_______ Address: _____ (562) 567-9920 7_3_4_4_W__a_s_h_i n_g_t_o_n_A__v_e_. _________Phone Number:
_____W__h_i_tt_i e_r_, _C_A__9_0_6_0_2___________ EMAIL: _____p_m__a_g_h_s_o_u_d_i @__c_it_y_o_fw_h_i_tt_ie_r_.o_r_g_______ Contract Amount: ____$_1_,6_0_0_,_0_0_0_.0_0__________Year: __________2_0_2_2_________________________ Description of supplies, equipment, or services provided:

Turnkey design, procurement, and installation services for library shelving, furniture, and custom millwork.

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

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

City of Santa Ana RFP 24-080A Page 34 of 42 11 City Council 14 – 178 10/1/2024 Office: (714) 843-9882
Web: www.yamadaenterprises.com
Email: [email protected]
Address: 16552 Burke Lane, Hunꢀngton Beach, CA 92647
City Council 14 – 179 10/1/2024

CITY OF SANTA ANA

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

PROPOSER’S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions.
__________________________________________________________________________________ J.K. Miklin, Inc. dba: Yamada Enterprises (714) 843-9882 (714) 843-9202

LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS
__________________________________________________________________________________ 16552 Burke Lane, Huntington Beach, CA 92647

BUSINESS ADDRESS
__________________________________________________________________________________ Jr Arroyo Representative

PRINTED NAME OF AUTHORIZED AGENT TITLE
July 15, 2024 [email protected]
_______________________________________________________________ ___

SIG ORIZED AGENT DATE E-MAIL ADDRESS
__________________________________________________________________________________ 33-0783690 582159

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

CITY OF SANTA ANA BUSINESS LICENSE NUMBER
(PLEASE PROVIDE IF AVAILABLE, BUT NOT REQUIRED UNTIL AND IF AN AWARD IS MADE TO PROPOSER.) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

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

City of Santa Ana City Council RFP 24-080A 14 – 180 10/1/2024 Page 33 of 42

CITY OF SANTA ANA

ATTACHMENT B

West Covina Library: Turnkey design, procurement, and installations servcies for library shelving and furniture. __________________________________________________________________________________

Lakeside Library: Turnkey design, procurement, and installation services for library shelving and furniture. __________________________________________________________________________________

Turnkey design, procurement, and installation services for library shelving, furniture, and custom millwork.

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

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

City of Santa Ana City Council RFP 24-080A 14 – 181 10/1/2024 Page 34 of 42

CITY OF SANTA ANA

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

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

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

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

Firm______________________ J.K. Miklin, Inc. dba: Yamada Enterprises Signed and Printed Name: ____
__________________________________________
__________________________________________ Jr Arroyo
Title ________________________________________________________________________________ Representative Date July 15, 2024
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

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

City of Santa Ana City Council RFP 24-080A 14 – 182 10/1/2024 Page 35 of 42 City Council 14 – 183 10/1/2024
City Council 14 – 184 10/1/2024

CITY OF SANTA ANA

ATTACHMENT E

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

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

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

Signed:

Title: Representative
Firm:

Date:

J.K. Miklin, Inc. dba: Yamada Enterprises
July 15, 2024
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

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

City of Santa Ana City Council RFP 24-080A 14 – 185 10/1/2024 Page 37 of 42

CITY OF SANTA ANA

ATTACHMENT F

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

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

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

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

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

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

1. 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.

2. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract City of Santa Ana City Council RFP 24-080A 14 – 186 10/1/2024 Page 38 of 42

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: Representative
Firm:

Date:

J.K. Miklin, Inc. dba: Yamada Enterprises
July 15, 2024
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

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

City of Santa Ana City Council RFP 24-080A 14 – 187 10/1/2024 Page 39 of 42

CITY OF SANTA ANA

ATTACHMENT G
SAM.GOV UEI VERIFICATION
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.

KBXNMKSZ8EL1
Proposer’s UEI:_______________________________________________ November 13, 2024
SAM.gov Registration Expiration Date:_____________________________ THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

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

City of Santa Ana City Council RFP 24-080A 14 – 188 10/1/2024 Page 40 of 42

ATTACHMENT H

CERTIFICATION REGARDING DEBARMENT, INELIGIBILITY AND VOLUNTARY EXCLUSION Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions
This certification is required by the regulations implementing Executive Order 12549, as amended, Nonprocurement Debarment and Suspension, 2 CFR Part 2998, Subpart C, Responsibilities of Participants Regarding Transactions. The regulations were published as Part VII of the May 26, 1988, Federal Register (Pages 19160-19211), and as subsequently amended in 81 Federal Register 25585. (Before completing certification, read instructions which are an integral part of certification)

1. Pursuant to 2 CFR 180.335, the prospective primary participant, (i.e. grantee) certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently excluded or disqualified;
b. Have not been convicted within the preceding three years of any of the offenses listed in 2 CFR 180.800(a) or had a civil judgment rendered against them for one of those offenses within that time period.
c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses listed in 2 CFR 180.800(a); and
d. Have not had one or more public transactions (Federal, State or local) terminated within the preceding three years for cause or default.

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

Yamada Enterprises
Consultant
Parker Braverman - President
Name and Title of Official Authorized to Certify
On Behalf of the Consultant
_______________________________________ July 15, 2024
Date
City of Santa Ana City Council RFP 24-080A 14 – 189 10/1/2024 Page 41 of 42 ATTACHMENT H (continued)

CERTIFICATION REGARDING DEBARMENT, INELIGIBILITY AND VOLUNTARY EXCLUSION

INSTRUCTION FOR CERTIFICATION

1. By signing and submitting this proposal, the prospective recipient of Federal assistance funds is providing the certification as set out below.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of Federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and/or debarment.

3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective recipient of Federal assistance funds learns that its certification was erroneous whom submitted or has become erroneous by reason of changed circumstances.

4. The terms “covered transaction”, “debarment”, “suspension”, “disqualified,” “ineligible”, “lower tier covered transaction”, “participant”, “person”, “primary covered transaction”, “principal”, “proposal”, and “voluntarily excluded”, as used in this cause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, disqualified, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL.

6. The prospective recipient of Federal assistance funds agrees by submitting this proposal, that it will include the clause title “Certification Regarding Debarment, Suspension, Ineligible, or voluntarily excluded from the covered transaction” unless it knows that the certification is erroneous.

7. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

8. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension and/or debarment.

City of Santa Ana City Council RFP 24-080A 14 – 190 10/1/2024 Page 42 of 42 7/18/24, 10:00 AM SAM.gov
An oꢀicial website of the United States government Here’s how you know Requests Notifications Workspace Sign Out
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Core Data
Entity Registration
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Assistance)
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Responsibility / Qualification
Entity Information
J.K. MIKLIN, INC. Active Registration
Expiration Date Unique Entity ID CAGE/NCAGE
KBXNMKSZ8EL1 4DXG4 Nov 13, 2024
https://sam.gov/entities/view/KBXNMKSZ8EL1/coreData?status=Active&emrKeyValue=1433560~1699987412525987 1/6 City Council 14 – 191 10/1/2024
7/18/24, 10:00 AM SAM.gov
Physical Address Mailing Address
16552 Burke Lane
Huntington Beach, California
92647-4538, United States
16552 Burke LN
Huntington Beach, California
92647-4538, United States
Purpose of Registration
All Awards
Version
Current Record

BUSINESS INFORMATION
Doing Business As
Yamada Enterprises
URL
www.yamadaenterprises.com Registration Dates
Division Name
(blank)
Division Number
(blank) Activation Date
Nov 16, 2023
Initial Registration Date
May 2, 2006 Congressional District
California 47
State/Country of Incorporation
California, United States Submission Date
Nov 14, 2023
Owner CAGE Legal Business Name
Immediate Owner (blank) (blank) Entity Dates
Highest Level Owner (blank) (blank)
Entity Start Date Fiscal Year End Close Date
Jan 1, 1975 Dec 31
Executive Compensation
Registrants in the System for Award Management (SAM) respond to the Executive Compensation questions in accordance with Section 6202 of P.L. 110-252, amending the Federal Funding Accountability and Transparency Act (P.L. 109-282). This information is not displayed in SAM. It is sent to USAspending.gov for display in association with an eligible award. Maintaining an active registration in SAM demonstrates the registrant responded to the questions.

SAM SEARCH AUTHORIZATION
I authorize my entity's non-sensitive information to be displayed in SAM public search results:
https://sam.gov/entities/view/KBXNMKSZ8EL1/coreData?status=Active&emrKeyValue=1433560~1699987412525987 2/6 City Council 14 – 192 10/1/2024
7/18/24, 10:00 AM SAM.gov
Yes

ENTITY TYPES
Business Types Socio-Economic Types
Entity Structure Corporate Entity (Not Tax Exempt)
Business or Organization
For Profit Organization
Check the registrant's Reps & Certs, if present, under FAR 52.212-3 or FAR 52.219-1 to determine if the entity is an SBA-certified HUBZone small business concern. Additional small business information may be found in the SBA's Dynamic Small Business Search if the entity completed the SBA supplemental pages during registration. Entity Type Profit Structure
Organization Factors Subchapter S Corporation

FINANCIAL INFORMATION
Payments
Accepts Credit Card Payments Debt Subject To Oꢀset
No No

ACCOUNT DETAILS
EFT Indicator 0000
CAGE Code 4DXG4

POINTS OF CONTACT
https://sam.gov/entities/view/KBXNMKSZ8EL1/coreData?status=Active&emrKeyValue=1433560~1699987412525987 3/6 City Council 14 – 193 10/1/2024
7/18/24, 10:00 AM SAM.gov
Electronic Business
Primary Point of Contact
Tracey Nguyen
Address
16552 Burke Lane
Huntington Beach, California 92647-4538
United States
Government Business
Primary Point of Contact
Jr Arroyo
Address
16552 Burke Lane
Huntington Beach, California 92647-4538
United States
Alternate Point of Contact

LINDA BRAVERMAN
Address
16552 Burke Lane
Huntington Beach, California 92647-4538
United States
Past Performance
https://sam.gov/entities/view/KBXNMKSZ8EL1/coreData?status=Active&emrKeyValue=1433560~1699987412525987 4/6 City Council 14 – 194 10/1/2024
7/18/24, 10:00 AM SAM.gov
Primary Point of Contact

LINDA BRAVERMAN
Address
16552 Burke Lane
Huntington Beach, California 92647-4538
United States
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SAM.gov
https://sam.gov/entities/view/KBXNMKSZ8EL1/coreData?status=Active&emrKeyValue=1433560~1699987412525987 5/6 City Council 14 – 195 10/1/2024
7/18/24, 10:00 AM SAM.gov
An oꢀicial website of the U.S. General Services Administration https://sam.gov/entities/view/KBXNMKSZ8EL1/coreData?status=Active&emrKeyValue=1433560~1699987412525987 6/6 City Council 14 – 196 10/1/2024
,ꢀ,ꢁ, YAMADA 11•1• ꢀ
1ꢀꢁꢀꢁ1 E N T E R P R I S E S
Date: September 09, 2024
City of Santa Ana
Finance & Management Services Agency
Attn: Mr. Edward Perkins I Buyer
20 Civic Center Plaza
Santa Ana, CA 92701
Dear Mr. Perkins,
The Agreement between the City of Santa and J.K. Miklin, Inc. d/b/a Yamada Enterprises issued for RFP No. 24-080A does not include sales tax.

We respectfully request sales tax to be added to the Library Furniture Package C.

The new agreement sum including sales tax under this RFP amount is Four Hundred Eleven Thousand Nine Hundred Sixty-Three and 91/100 Dollars ($411,963.91). This sum is comprised of the (1) base amount of $377,083.67 and (2) sales tax amount of $34,880.24, as described in our Bid Form - Attachment J and furniture specifications attached.

Please let me know if you have any questions at (714) 843 - 9882 x 16.

Sincerely,
Parker Braverman
President
[email protected]
Library Interiors
16552 Burke Lane• Huntington Beach, CA• 92647-4538
(714) 843-9882• (800) 444-4594• FAX (714) 843-9202
City Council 14 – 197 10/1/2024
LIBRARY FURNITURE PACKAGE C (lump sum award)
Bid Form-Attachment J

PLAN CODE ITEM
Reader Chair

MANUFACTURER MODEL LEAD TIME QUANTITY UNIT COST TOTAL COST CR-7 TMC Per Spec 16 weeks 8 643 $ 5,144.00
DS-1A
DS-1B
DS-1C
Service Desk
Service Desk
Service Desk
Worden
Worden
Worden
Per Spec
Per Spec
Per Spec
16 weeks
16 weeks
16 weeks
2 1
4 78506
52475
25481
$
$
$
157,012.00
52,475.00
101,924.00
DSH-1 Display Shelving OPTO Per Spec 2 weeks 5 3646.61 $ 18,233.05 M-2
M-3
Map Cabinet Alpine
Alpine
Per Spec
Per Spec
2 weeks
2 weeks
1 3
4375 $
$
4,375.00
Card Catalogue 3441.66 10,324.98
TR-3 Reader Table TMC Per Spec 16 weeks 2 1240 $
$
2,480.00
SUBTOTAL LIBRARY FURNITURE PACKAGE C (A) 351,968.03
Design, Receive, Deliver, and Install Costs (B) $ 25,115.64 No Charge
377,083.67
34,880.24
Storage Costs After 1 Month Free Storage (Monthly Fee-to include all labor associated with storage) TOTAL LIBRARY FURNITURE PACKAGE C (A+B) $
SALES TAX: (A+B) x 9.25% $
GRAND TOTAL AMOUNT WRITTEN IN WORDS (A+B) x Sales Tax:

Four Hundred Eleven Thousand Nine Hundred Sixty-Three and 91/100 Dollars. $ 411,963.91 City Council 14 – 198 10/1/2024
CR-7 SANTA ANA LIBRARY

FURNITURE SPECIFICATIONS
Manufacturer:

Model Name:

Item:

TMC
Vireo Chair
Reader Chair
117 Youth Stacks
8 Location:

Qty:

Specification: Width Depth Height Seat
Height
Arm
Height
Size: 18” 20.5” 31.75” 18” n/a
Type: Adult height, armless chair
Upholstery: n/a
Base/Frame Finish : Solid maple wood. Stain to be selected from manufacture’s range of stain colors.

Glides:

Options:

Power:
n/a
No cutout
n/a
2024-05-16 Images are for reference only 20
City Council 14 – 199 10/1/2024
DS-1A SANTA ANA LIBRARY

FURNITURE SPECIFICATIONS
Manufacturer: Worden
Model Name and Number: Service Desk
Service Desk
101 Great Reading Room
2 Item:

Location:

Qty:

Specification: Width Depth Height Seat
Height
Arm
Height
Size: See
drawing
See
drawing
See
drawing
n/a n/a
Finish : Wood slat and wood veneer: To match architect’s sample Solid surface top: Corian, Grade 4
4” base: Laminate to match architect’s sample
Glides: As appropriate for floor finish
Options: Hight adjustable table leg set; Electric; Mockett TLEL3 or sim.

Cabinet: BBF, locking, casters, laminate finish.

Power: • Provide horizontal and vertical wire management from underside of table to floor box.
• Provide power at worksurface. Power to be plugged
into floor box (not hard wired). Mocket: Power bar,
grommet mounted, 2 power/2 dual USB or sim.
• (3) Grommets in worksurface, Mockett: BRV1 or sim.,
Architect to provide locations on shop drawings
Provide shop drawings for approval.
2024-05-16 Images are for reference only 76
City Council 14 – 200 10/1/2024
DS-1A SANTA ANA LIBRARY

FURNITURE SPECIFICATIONS

WOOD VENEER

INFORMATION

TOP WOOD SLATS

SOLID SURFACE,

NON-ADJUSTABLE SOLID SURFACE,

HIGHT ADJUSTABLE
DESK

SOLID SURFACE,

NON-ADJUSTABLE

UNDER DESK

CABINET
2024-05-16 Images are for reference only 77
City Council 14 – 201 10/1/2024
DS-1B SANTA ANA LIBRARY

FURNITURE SPECIFICATIONS
Manufacturer: Worden
Model Name and Number: Service Desk
Service Desk
117 Youth Stacks
1 Item:

Location:

Qty:

Cabinet: BBF, locking, casters, laminate finish.

Power: • Provide horizontal and vertical wire management from underside of table to floor box.
• Provide power at worksurface. Power to be plugged
into floor box (not hard wired). Mocket: Power bar,
grommet mounted, 2 power/2 dual USB or sim.
• (3) Grommets in worksurface, Mockett: BRV1 or sim.,
Architect to provide locations on shop drawings
Provide shop drawings for approval.
2024-05-16 Images are for reference only 78
City Council 14 – 202 10/1/2024
DS-1B SANTA ANA LIBRARY

FURNITURE SPECIFICATIONS

NFORMATION TOP

INFORMATION
TOP

WOOD SLATS

WOOD VENEER
SOLID

SURFACE,
NONSOLID SURFACE,

HIGHT ADJUSTABLE

DESK ADJUSTABLE

UNDER DESK
2024-05-16 CABINET Images are for reference only 79
City Council 14 – 203 10/1/2024
DS-1C SANTA ANA LIBRARY

FURNITURE SPECIFICATIONS
Manufacturer:

Model Name and Number:

Item:

Worden
Service Desk
Service Desk
Location: 222 History. 200 Adult Stacks, 212 Maker Space, 211 Young Adult
Qty: 4
Specification: Width Depth Height Seat
Height
Arm
Height
Size: See
drawing
See
drawing
See
drawing
n/a n/a
Finish : Wood slat and wood veneer: To match architect’s sample Solid surface top: Corian, Grade 4
4” base: Laminate to match architect’s sample
Glides: As appropriate for floor finish
Options: Hight adjustable table leg set; Electric; Mockett TLEL3 or sim.

Cabinet: BBF, locking, casters, laminate finish.

Power: • Provide horizontal and vertical wire management from underside of table to floor box.
• Provide power at worksurface. Power to be plugged
into floor box (not hard wired). Mocket: Power bar,
grommet mounted, 2 power/2 dual USB or sim.
• (1) Grommet in worksurface, Mockett: BRV1 or sim.,
Architect to provide locations on shop drawings
Provide shop drawings for approval.
2024-05-16 Images are for reference only 80
City Council 14 – 204 10/1/2024
DS-1C SANTA ANA LIBRARY

FURNITURE SPECIFICATIONS

SOLID SURFACE,

NON-ADJUSTABLE

SOLID SURFACE,

HIGHT ADJUSTABLE
DESK

WOOD SLATS

WOOD VENEER
2024-05-16 Images are for reference only 81
City Council 14 – 205 10/1/2024
DSH-1 SANTA ANA LIBRARY

FURNITURE SPECIFICATIONS
Manufacturer: Opto
Model Name and Number: Edge Collection Tall Mobile Showcase Locking Storage Cabinet
Item: Display Shelving
Location:

Qty:
101 Great Reading Room, 109 Book Store
5 Specification: Width Depth Height Seat
Height
Arm
Height
Size: 24” 25” 76” n/a n/a
Type: Display Case
Base/Frame Finish : Finishes to be selected from manufacture’s full range of available colors and finishes
Glides:

Options:

Power:

Locking casters
Adjustable glass shelves, locking storage cabinet
n/a
2024-05-16 Images are for reference only 54
City Council 14 – 206 10/1/2024
M-2 SANTA ANA LIBRARY

FURNITURE SPECIFICATIONS
Manufacturer: n/a
Model Name and Number: n/a
Item: Map Cabinet
222 History
1 Location:

Qty:

Specification: Width Depth Height Seat
Height
Arm
Height
Size: existing existing existing n/a n/a
Type:

Base/Frame Finish :

Glides:

Refinish and restore existing wood
Repair base and/or glides as required
Options: Repair and/or replace hardware as required
2024-05-16 Images are for reference only 49
City Council 14 – 207 10/1/2024
M-3 SANTA ANA LIBRARY

FURNITURE SPECIFICATIONS
Manufacturer: n/a
Model Name and Number: n/a
Item: Card Catalogue
222 History
3 Location:

Qty:

Specification: Width Depth Height Seat
Height
Arm
Height
Size: varies varies varies n/a n/a
Type:

Base/Frame Finish :

Glides:

Refinish and restore existing wood
Repair base and/or glides as required
Options: Repair and/or replace hardware as required
2 1
3 2024-05-16 Images are for reference only 50
City Council 14 – 208 10/1/2024
TR-3 SANTA ANA LIBRARY

FURNITURE SPECIFICATIONS
Manufacturer:

Model Name:

Item:

TMC
Plover Table
Reader Table
117 Youth Stacks
2 Location:

Qty:

Specification: Width Depth Height Seat
Height
Arm
Height
Size: 36” 36” 29” n/a n/a
Type: 36” round tabletop
Upholstery: n/a
Base/Frame Finish : Wood laminate to be selected with manufacturers full range of finishes
Glides:

Options:

Power:
n/a
n/a
n/a
2024-05-16 Images are for reference only 40
City Council 14 – 209 10/1/2024

EXHIBIT C
City Council 14 – 210 10/1/2024
LIBRARY FURNITURE PACKAGE C (lump sum award)
Bid Form-Attachment J

PLAN CODE ITEM
Reader Chair

Four Hundred Eleven Thousand Nine Hundred Sixty-Three and 91/100 Dollars. $ 411,963.91 City Council 14 – 211 10/1/2024

EXHIBIT D
City Council 14 – 212 10/1/2024

FEDERAL CONTRACT PROVISIONS
During the performance of this Agreement, Contractor shall comply with all applicable federal laws and regulations including, but not limited to, the federal contract provisions in this Exhibit.

1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327)
(a) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. The Contract Documents include remedies for breach and termination for cause and convenience.
(b) Appendix II to Part 200 (C) – Equal Employment Opportunity: If this Agreement meets the definition of a “federal assisted construction contract” in 41 CFR § 60-1.3, Contractor agrees as follows during the performance of this Agreement:
(i) 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.
(ii) 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.
(iii) 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. (iv) 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.
1 City Council 14 – 213 10/1/2024
(v) 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. (vi) 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.
(vii) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement 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.
(viii) The Contractor will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) 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:

The City further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work:

The City further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction 2 City Council 14 – 214 10/1/2024
contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the City agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this project; refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
(c) Appendix II to Part 200 (D) – Davis-Bacon Act: Not applicable to this Agreement since it is funded by CSLFRF.
(d) Appendix II to Part 200 (D) – Copeland “Antti-Kickback” Act: Not applicable to this Agreement since it is funded by CSLFRF.
(e) Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act:
(i) Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (ii) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section. (iii) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the Contractor, such sums as may be determined to be necessary to satisfy any liabilities of Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section. (iv) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The 3 City Council 14 – 215 10/1/2024
Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section. (f) Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the Contractor wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the Contractor must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.. (g) Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act:
(i) Pursuant to the Clean Air Act, (1) Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Contractor agrees to include these requirements in each subcontract exceeding $150,000.
(ii) Pursuant to the Federal Water Pollution Control Act, (1) Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Contractor agrees to include these requirements in each subcontract exceeding $150,000.
(h) Appendix II to Part 200 (H) – Debarment and Suspension:
(i) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (ii) Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
(iii) This certification is a material representation of fact relied upon by City. If it is later determined that Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) Contractor warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Contractor also agrees to verify that all subcontractors performing work under this Agreement are not debarred, disqualified, 4 City Council 14 – 216 10/1/2024
or otherwise prohibited from participation in accordance with the requirements above. Contractor further agrees to notify the City in writing immediately if Contractor or its subcontractors are not in compliance during the term of this Agreement.
(i) Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. (j) Appendix II to Part 200 (J) – §200.323 Procurement of Recovered Materials:
(i) Contractor shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement. (ii) In the performance of this Agreement, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule; meeting contract performance requirements; or at a reasonable price. (iii) Information about this requirement, along with the list of EPA-designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (iv) The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.” (k) Appendix II to Part 200 (K) – §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment:
(i) Contractor shall not 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 funded under this Agreement. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1) 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 5 City Council 14 – 217 10/1/2024
Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
(2) Telecommunications or video surveillance services provided by such entities or using such equipment.
(3) 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.
(ii)
Appendix II to Part 200 (L) – §200.322 Domestic Preferences for Procurement:
(i) Contractor shall, to the greatest extent practicable, purchase, acquire, or See Public Law 115-232, section 889 for additional information. (l)
use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts.
(ii) For purposes of this section:
(1) “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.
(2) ‘‘Manufactured products’’ means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

2. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321) (a) Contractor shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award.
(b) Affirmative steps shall include:
(i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
(ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;
6 City Council 14 – 218 10/1/2024
(iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and (v) Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce. (c) Contractor shall submit evidence of compliance with the foregoing affirmative steps when requested by the City.

3. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS

Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference.
(ii) Reporting Subaward and Executive Compensation Information, 2 C.F.R.

20. (vi) New Restrictions on Lobbying, 31 C.F.R. Part 21. (vii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations.
7 City Council 14 – 219 10/1/2024
(c) Compliance with Federal Statutes and Regulations Prohibiting Discrimination.

Congress;
(1) A member of Congress or a representative of a committee of (2)
(3)
An Inspector General;
The Government Accountability Office;
8 City Council 14 – 220 10/1/2024
(4)
(5)
A Treasury employee responsible for contract or grant oversight or An authorized official of the Department of Justice or other law management;
enforcement agency;
(6)
(7)
A court or grand jury; or
A management official or other employee of Contractor, or a subcontractor who has the responsibility to investigate, discover, or address misconduct. (f) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Contractor is encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles, and encourage its subcontractors to do the same (g) Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Contractor should encourage its employees and subcontractors to adopt and enforce policies that ban text messaging while driving, and Contractor should establish workplace safety policies to decrease accidents caused by distracted drivers. (h) Assurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to the Project, including, but not limited to, the following:
(i) Contractor ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance documents.
(ii) Contractor acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency (LEP),” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, are limited in their English proficiency. Contractor understands that the denial of access to persons to its programs, services and activities because of their limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964. Accordingly, Contractor shall initiate reasonable steps, or comply with Treasury’s directives, to ensure meaningful access to its programs, services and activities to LEP persons. Contractor understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary to ensure effective communication in the Project.
(iii) Contractor agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on LEP, please visit http://www.lep.gov. 9 City Council 14 – 221 10/1/2024
(iv) Contractor acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon Contractor and Contractor’s successors, transferees and assignees for the period in which such assistance is provided.
(v) Contractor agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Contractor and the Contractor’s subcontractors, successors, transferees and assignees:

If Contractor makes sub-awards to other agencies or other entities, Contractor is responsible for assuring that sub-recipients also comply with Title VI and all of the applicable authorities covered in this assurance.
10 City Council 14 – 222 10/1/2024
Agreement_J.K. Miklin Inc. dba Yamada
Enterprises (Library Furniture)_FINAL_9.12.24_
updated
Final Audit Report 2024-09-16
Created:

By:
2024-09-16
Dylan Dario ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAPOMy0rpQMbHezmCPye8HfEIu21BIkzoT "Agreement_J.K. Miklin Inc. dba Yamada Enterprises (Library Fu rniture)_FINAL_9.12.24_updated" History
Document created by Dylan Dario ([email protected])
2024-09-16 - 4:08:38 PM GMT
Document emailed to Brian Sternberg ([email protected]) for signature 2024-09-16 - 4:09:08 PM GMT
Email viewed by Brian Sternberg ([email protected]) 2024-09-16 - 4:21:07 PM GMT
Document e-signed by Brian Sternberg ([email protected]) Signature Date: 2024-09-16 - 4:21:20 PM GMT - Time Source: server Document emailed to Parker Braverman ([email protected]) for signature 2024-09-16 - 4:21:26 PM GMT
Email viewed by Parker Braverman ([email protected]) 2024-09-16 - 4:37:49 PM GMT
Document e-signed by Parker Braverman ([email protected]) Signature Date: 2024-09-16 - 4:40:14 PM GMT - Time Source: server Agreement completed.
2024-09-16 - 4:40:14 PM GMT
City Council 14 – 223 10/1/2024
Police Department
www.santa-ana.org/police
Item # 15
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 1, 2024
TOPIC: Fiscal Year 2023 Homeland Security Grant Program

AGENDA TITLE
Appropriation Adjustment for FY 2023 Homeland Security Grant Program Funding (Non-General Fund)

RECOMMENDED ACTION
Approve an appropriation adjustment recognizing $5,113,750 in the FY 2023 Urban Area Security Initiative, Federal Grant-Indirect revenue account and appropriate same to the UASI CalOES Santa Ana expenditures accounts. (Requires five affirmative votes) GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The United States Department of Homeland Security has developed the Urban Areas Security Initiative (UASI) grant funding program. UASI is designed to address the unique planning, equipment, training, and exercise needs of high-threat, high-density urban areas and provides funds to local emergency first responders that assist in building an enhanced and sustainable capacity to prevent, protect, respond to, mitigate, and recover from acts of terrorism.

The grant specifically provides funding for anti-terrorism equipment, planning, training, exercises, and technical assistance. Santa Ana has been designated as an Urban Area Core City since 2003. As such, for selected grant years, Santa Ana is the fiduciary for the region and manages projects, which includes providing training and procuring equipment utilized by the 34 jurisdictions in Orange County.

On May 2, 2023, the City Council adopted a resolution authorizing the City Manager and/or the Police Chief to apply for the FY 2023 UASI Grant and upon award, enter into an agreement with the California Governor’s Office of Emergency Services (CalOES) for the FY 2023 UASI Grant. On July 26, 2024, the City of Santa Ana was awarded the FY 2023 UASI grant and the Police Department is now seeking City Council approval to appropriate the funds.

City Council 15 – 1 10/1/2024
Fiscal Year 2023 Homeland Security Grant Program
October 1, 2024

Page 2 ends

Total funding for the UASI Grant Program is established through an Appropriation Act set forth by Congress. Award amounts for each Urban Area are determined using a methodology assessing relative risk of terrorism, in accordance with the 9/11 Act. Over the years, Congress has steadily decreased the amount of funding allocated to DHS and subsequently the UASI Grant Program. As a result, the total number of Urban Areas and the award amounts have been greatly reduced. Santa Ana’s UASI award amount has steadily decreased from a high of $25,254,334 in 2004 to the current award amount of $5,113,750 for FY 2023.

Of the current award, $835,000 is obligated to the Orange County Intelligence Assessment Center. Other projects to be funded by this grant includes the “If You See Something, Say Something” campaign, Ready OC Preparedness campaign, portable vehicle barriers, and training and exercises for the Orange County area. The FY 2023 grant will cover the period of September 1, 2023 through August 31, 2026.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
The appropriation adjustment will recognize $5,113,750 in the FY 2023 Urban Area Security Initiative revenue account (no. 12514002-52001) and appropriate same to expenditure account (nos. 12514407-various) for the following fiscal years:

Fiscal
Year
Accounting Unit
– Account No. Fund Description
Accounting Unit –
Account No.

Description
Amount
FY 24-25 12514407-
various OES UASI UASI CalOES Santa Ana, Various $2,045,500 FY 25-26 12514407-
various OES UASI UASI CalOES Santa Ana, Various $3,068,250 Total $5,113,750
The amounts above are projections and subject to change. Any remaining balances not expended at the end of each fiscal year will be presented to City Council for approval of carryovers to the subsequent fiscal year.

EXHIBIT(S)

1. Award Letter and Grant Subaward
Submitted By: Robert Rodriguez, Acting Chief of Police
Approved By: Alvaro Nuñez, City Manager
City Council 15 – 2 10/1/2024
Chief of Police
60 Civic Center Plaza
Robert Rodriguez
Santa Ana, CA 92702
Anaheim / Santa Ana UASI
July 26, 2024
Dear Chief Rodriguez:

NANCY WARD

DIRECTOR
3650 SCHRIEVER AVENUE, MATHER, CA 95655
(916) 845-8510 TELEPHONE

NOTIFICATION OF SUBRECIPIENT APPLICATION APPROVAL
FY 2023 Homeland Security Grant Program (HSGP)
Subaward #: 2023-0042, Cal OES ID: 059-95010
The California Governor's Office of Emergency Services (Cal OES) has approved your FY 2023 Homeland Security Grant Program (HSGP) application in the amount of $5,113,750. As of the date of this letter, you may request reimbursement of eligible grant expenditures using the Cal OES Financial Management Forms Workbook (FMFW) available at www.caloes.ca.gov. A copy of your approved subaward is enclosed for your records.

Any activities requiring additional review (e.g., Environmental Planning and Historic Preservation, Allowability Requests, procurement of Aviation or Controlled Equipment, etc.) shall not incur costs until you receive written approval for those activities.

This subaward is subject to all provisions of 2 CFR Part 200, Subpart F - Audit Requirements. Any funds received in excess of current needs, approved amounts, or those found owed as a result of a final review or audit, must be refunded to the State within 30 days upon receipt of an invoice from Cal OES.

For additional information, please contact your Cal OES Program Representative.

SUBJECT:

Homeland Security & Emergency Management Grants Processing

Enclosure
cc: Subrecipient file

GAVIN NEWSOM

GOVERNOR
City Council www.CalOES.ca.gov 15 – 3 10/1/2024
Supplemental Grant Subaward Information – Cal OES 2-101a (9/2021) Revised 4/7/23 CALIFORNIA GOVERNOR’S OFFICE OF EMERGENCY SERVICES

SUPPLEMENTAL GRANT SUBAWARD INFORMATION

1. Cal OES Contact Information Section:

Governor’s Office of Emergency Services
Nancy Ward, Director
3650 Schriever Avenue
Mather, CA 95655

2. Federal Awarding Agency Section:

Federal Program
Fund / AL #
Federal Awarding
Agency
Federal
Award Date
Total Federal
Award
Amount
Total Local
Assistance
Amount
Homeland
Security Grant
Program/ 97.067
US Department of
Homeland Security
09/01/2023 $202,198,718 $192,088,782

3. Project Description Section:
• Project Acronym:

Nonprofit Security Grant Program (HSGP)
• Project Description:

Support state and local efforts to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to the security of the United States.

4. Research & Development Section:
 Is this Subaward a Research & Development grant? Yes ☐ No ☒ City Council 15 – 4 10/1/2024
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES (Cal OES) (Cal OES Use Only)
CCII OES # FIPS # i i VS# i Suboward # I
2023-0042

CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES

GRANT SUBAWARD FACE SHEET
The California Governor's Office of Emergency Services (Cal OES) hereby makes O Grant Subaword of funds to the following:

1. Subrecipient: Anoheim/!Santo Ano UASI 1 a. UEI: KZE9G2M4GRX9

2. Implementing Agency: City of Santa Ano; Homeland Security Division 2a. UEI: KZE9G2M 4GRX9

3. Implementing Agency Address: 60 Civic Center Plaza
iSkeet)
Sonto Ana
iCitYl
92701-1781
iZip+4)

4. Location of Project: Various Locations
(Cilyl
Oranqe County
(Countyl (Zip+41

5. Disaster/Program Title: Homeland Security Grant Program 6. Performance / BudgefPeriod: September1.2023 (Start Date)
to May 31. 2026
(End Datel

7. Indirec' Cost Rate: N 'A Federally Approvid ICR (if applicable):

Item
Number
Grant
Year
Fund
Source
A. State B. Federal C. Total D. Cash Match E. In-Kind Match F. Total Match G. Total Cost

8. 2023 UASI $4,278,7 50 $4,278,7 50 $4,278,7 50

9. 2023 UASI-20 $400,000 $400,000 $400,000

10. 2023 SHSP $315,000 $315,000 $315,000

11. 2023 SHSP-20 $120,000 $120,000 $120,000

12. Total Project Cost $5,113,750 $5,113,750 $5,113,7 50

13. CertiTication - This Grant Subaward consists of this title page. the opplica+ion for +rie grant. which is attached and mode Cl part hereof, the Assurances/Certifications. and any oftoched Special Conditions. I hereby certify I am vested with the authority to enter into this Grant Subaword. and hove the approval of the City/County Financial Officer. City Manager. County Administrator. Governing Board Choir. or other Approving Body. The Subrecipient certifies that Clll funds received pursuant to this agreement will be spent exclusively on the purposes specified in the Grant Suboward. The Subrecipient accepts this Grant Suboward and agrees to administer the grant project in accordance with the Grant Suboward OS well as all applicable stote and federal laws. audit requirements, federal program guidelines. ond Cal OES policy and program guidance. The Subrecipient further agrees that the allocation of funds may be contingent on the enactment of the State Budget.

14. CA Public Records Act - Grant applications are subject to the California Public Records Act. Government Code section 7920 e+ seq. Do not put any personally identifiable information or private information on this application. If you believe that any of the information you are putting on this application is exempt from the Public Records Act. please attach a statement thot indicates what portions of the application and the basis for the exemption. Your sto+ement that the information is not subJecf to the Public Records Act will not guarantee that the information will not be disclosed.

15. Official Authorized to Sign for Subrecipient:

Name: ROBERT RODRIGUEZ Title: ACTING CHIEF OF POLICE
Payment Mailing Address: 60 Civic Center Plazo / City: Santa Ana Date

16. Federal Employer ID Number: 1,'?5-6000785
FOR Cal OES USE ONLY)
hereby certify upon my personal knowledge that budgeted funds are available kor the period and purposes ol this expenditure slated above.

Zip Code+4:
l 1/27 /23
92702-19 61
Title: ACTING CHIEF OF POLICE
(Cal OES Fiscal Officer) (Daiel [Cal OES Dliector OT Deslgnee) (Dalel l of 1 Grant Subaward Face Sheet Cal OES 2-101 (Revised 05/2023) SL: 14733
Pgm: 0385
ENY: 2024-25 Chapter: 22
Item: 0690-101-0890
FAIN#: EMW-2023-SS-00042 09/01/23 to 08/31/26
Fund: Federal Trust AL#: 97.067
Program: Homeland Security Grant Program
Match Req.: None
Project No.: OES23HSGP000012 Amount: $ 315,000
SL: 14753
Pgm: 0385
09/01/23 to 08/31/26
SC: 2024-14733
ENY: 2024-25 Chapter: 22
Item: 0690-101-0890
FAIN#: EMW-2021-SS-00081
Fund: Federal Trust AL#: 97.067
Program: Homeland Security Grant Program
Match Req.: None
Project No.: OES21HSGP000012 Amount: $ 120,000
SC: 2024-14753
ENY: 2024-25 Chapter: 22 SL: 14743
Item: 0690-101-0890 Pgm: 0385
FAIN#: EMW-2023-SS-00042 09/01/23 to 08/31/26
Fund: Federal Trust AL#: 97.067
Program: Homeland Security Grant Program
Match Req.: None
Project No.: OES23HSGP000012 Amount: $ 4,278,750
SL: 14763
Pgm: 0385
SC: 2024-14743
ENY: 2024-25 Chapter: 22
Item: 0690-101-0890
FAIN#: EMW-2023-SS-00042 09/01/23 to 08/31/26
Fund: Federal Trust AL#: 97.067
Program: Homeland Security Grant Program
Match Req.: None
Project No.: OES23HSGP000012 Amount: $ 400,000
SC: 2024-14763
ML# 782852
059-95010
Docusign Envelope ID: 7DD563C6-1C41-4CB2-91A2-81B079EACF66 7/19/2024 7/19/2024
City Council 15 – 5 10/1/2024
Police Department
www.santa-ana.org/police
Item # 16
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 1, 2024
TOPIC: Traffic Enforcement Program Grant Funds

AGENDA TITLE
Appropriation Adjustment and Agreement Accepting $755,000 from the State Office of Traffic Safety for Selective Traffic Enforcement Program (Non-General Fund)

RECOMMENDED ACTION

1. Authorize the City Manager to execute an agreement with the State of California Office of Traffic Safety for the Selective Traffic Enforcement Program for a one-year period beginning October 1, 2024 through September 30, 2025, in an amount not to exceed $755,000 (Agreement No. A-2024-XXX).

2. Approve an appropriation adjustment accepting $755,000 in the Office of Traffic Safety, Federal Grant-Indirect revenue account and appropriate same to the Selective Traffic Enforcement Program expenditure accounts. (Requires five affirmative votes)
GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
The Santa Ana Police Department has been awarded $755,000 in grant funding from the State of California Office of Traffic Safety (OTS) under the Selective Traffic Enforcement Program (STEP). This one-year agreement covers the program period from October 1, 2024 through September 30, 2025. The goal of OTS STEP is to reduce the number of fatalities and injuries in crashes involving alcohol, drug, speed, red-light violations, distracted driving, and other primary collision factors. To accomplish these goals, the program will fund both education and enforcement activities.

The funded strategies will include Driving Under the Influence (DUI) checkpoints, DUI saturation patrols, as well as DUI enforcement operations in collaboration with neighboring cities to apprehend impaired drivers. The program will also concentrate on bicycle/pedestrian safety, speed violations, aggressive driving, and seat belt City Council 16 – 1 10/1/2024
Selective Traffic Enforcement Program Grant Funds
October 1, 2024

Page 2 ends

enforcement. The enforcement activities will follow proven “best practice” strategies and will be conducted on an overtime basis.

The educational portion of the grant will include funding for Police Department staff to facilitate multi-media presentations at local schools in partnership with the Santa Ana Unified School District. Promotional and educational materials will be made available to support ongoing outreach programs already in place. This grant also includes funding to purchase bicycle helmets for distribution to community members during outreach and education events. Lastly, OTS funds will be used to purchase and replace a DUI trailer currently utilized for DUI Checkpoints.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
Approval of the appropriation adjustment will recognize $755,000 in the Office of Traffic Safety-Federal Grant-Indirect revenue account (no. 16514002-52001) and appropriate same in the Selective Traffic Enforcement Program expenditure account (nos. 16514414-various) for projected expenditures as follows:

Fiscal
Year
Accounting Unit
- Account No.

Fund
Description
Accounting Unit,
Account Description Amount
FY 24-25
(Oct.-June)
16514414-
Various
Office of Traffic
Safety Grant
Selective Traffic
Enforcement, Various $580,680
FY 25-26
(July-Sept.)
16514414-
Various
Office of Traffic
Safety Grant
Selective Traffic
Enforcement, Various $174,320
Total $755,000
The amounts shown in each fiscal year are estimates only. Any remaining balances not expended at the end of the fiscal year will be presented to City Council for approval of carryovers to FY 2025-26.

EXHIBIT(S)

1. Grant Agreement with Office of Traffic Safety
Submitted By: Robert Rodriguez, Acting Chief of Police
Approved By: Alvaro Nuñez, City Manager
City Council 16 – 2 10/1/2024
9/10/2024 7:55:22 AM Page 1 of 19
State of California – Office of Traffic Safety

GRANT AGREEMENT

GRANT NUMBER
PT25066

1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)

2. NAME OF AGENCY 3. Grant Period
Santa Ana From:

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

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

6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $755,000.00

7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
 Schedule A – Problem Statement, Goals and Objectives and Method of Procedure  Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable)  Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable)  Exhibit A – Certifications and Assurances
 Exhibit B* – OTS Grant Program Manual
 Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto.

These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.

We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.

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

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

TITLE:

EMAIL:

PHONE:

ADDRESS:

Joseph Marty
Commander
[email protected]
(714) 245-8274
60 Civic Center Plaza
PO Box 1981
Santa Ana, CA 92702
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Alvaro Nunez
City Manager
[email protected]
(714) 647-5200
60 Civic Center Plaza
PO Box 1981
Santa Ana, CA 92702
(Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Alexander Trinidad
Assistant Dir of Finance and Management Svcs (MM)
[email protected]
(714) 647-5295
20 Civic Center Plaza
PO Box 1981
Santa Ana, CA 92702
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Barbara Rooney
Director
[email protected]
(916) 509-3030
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
(Signature) (Date) (Signature) (Date)
Exhibit 1
City Council 1 – 3 1/1/
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY'
NAME: Carolyn Vu
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758

9. SAM INFORMATION
SAM #: KZE9G2M4GRX9

REGISTERED
AooRESS: 20 Civic Center PLZ # 8
CITY: Santa Ana
ZIP+4: 92701 -4076

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

PROJECTED

EXPENDITURES
402PT-25.1 20.600 0521-0890-101 2023 12/23 BA/23 $48,441 .00 164AL-25. 1 20.608 0521-0890-101 2023 12/23 BA/23 $114,105.00 402PT-25 20.600 0521-0890-101 2024 22/24 BA/24 $176,559.00 164AL-25 20.608 0521-0890-101 2024 22/24 BA/24 $415,895.00

AGREEMENT
TOTAL $755,000.00

AMOUNT ENCUMBERED BY THIS DOCUMENT
$755,000.00
ICERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are avaifable for the period and purpose of the expenditure stated above.

PRIOR AMOUNT ENCUMBERED FOR THIS

AGREEMENT
$ 0.00

OTS ACCOUNTING OFFICER'S SIGNATURE DATE SIGNED TOT AL AMOUNT ENCUMBERED TO DATE $755,000.00
ATTEST:

JENNIFER L. HALL
City Clerk
RECOMMENDED FOR APPROV AL:

ROBERT RODRIGUEZ
Acting Chief of Police
APPROVED AS TO FORM:

SONIA R. CARVALHO
City Attorney
Senior Assistant City Attorney
9/10/2024 7:55:22 AM Page 2 of 19
City Council 16 – 4 10/1/2024
9/10/2024 7:55:22 AM Page 3 of 19
State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule A

GRANT NUMBER
PT25066

1. PROBLEM STATEMENT
Located in the heart of California's Orange County, the City of Santa Ana is home to over 300,000 residents and over 550 miles of roadways throughout. Due to the dense population, Santa Ana faces significant challenges related to traffic safety. The current state of traffic infrastructure, coupled with population growth, demands urgent attention to mitigate the rising number of crashes and improve overall road safety. The city serves as a major employment hub, attracting a substantial number of workers from neighboring areas. On a daily basis, a significant influx of people commutes into Santa Ana for work, further intensifying traffic congestion during peak hours. This phenomenon underscores the critical need for enhanced enforcement and education.

The city is home to numerous essential destinations, including schools, business districts, healthcare facilities, and recreational areas. However, inadequate traffic management has led to identified hotspots with high rates of crashes and congestion. The Downtown Santa Ana area attracts thousands of patrons to bars, clubs, restaurants, and local businesses each week. New businesses, apartments, and restaurants are opening at a consistent rate, causing more traffic to come into the city. This influx of patrons has greatly increased the number of drivers in the downtown area during evening hours, many of whom have been consuming alcoholic beverages.

An additional challenge contributing to traffic safety concerns in Santa Ana is the prevalence of unlicensed drivers. The city has observed a notable number of individuals operating vehicles without a valid driver's license, posing a heightened risk of crashes. Addressing this issue is crucial for improving overall road safety and reducing the likelihood of preventable crashes.

With a diverse population, including a significant number of pedestrians and cyclists, ensuring their safety on city roads is paramount. Santa Ana has made great strides to increase the safety of pedestrians and bicyclists through traffic engineering and roadway changes; however, there is still opportunity to enhance the awareness of both the pedestrians and drivers. During 2023, we had 1 bicyclist involved in a fatal traffic crash and a total of 133 bicyclists injured in traffic crashes.

In comparison to 2022, the fatal crashes declined; however, the total number of injured bicyclists rose by 17.

In FY2025, we hope to reduce bicycle safety threats in the city by doing the following:
 Issue and properly fitted helmets, distribute bicycle safety lights and reflective arm bands. These actions will reduce the number of bicyclists riding in the community without proper equipment, as well as make them more visible for drivers around them.
 Distribution of the equipment occurs at schools, Teen Centers, City Parks, Apartment Complexes, Mobile Home Parks, Community Centers, as well as the Police Department.  Each year, the Santa Ana Police Department hosts city-wide special events where free bicycle parking is provided. During these events, community engagement personnel are able to contact those riders who may not have properly fit safety equipment and provide them with the resources they need.School Resource Officers and/or Probation Officers assist by distributing safety equipment to students and others.

Bicycle Safety Efforts have yielded the following thus far:
 Events Conducted Q1 of FY2024: 11 / Individuals impacted: 3978  Helmets Distributed: 12
 Wristbands Distributed: 438
 Bike Lights Distributed: 438
The primary objective is to implement comprehensive measures aimed at enhancing overall traffic safety in the city of Santa Ana. This includes targeted interventions to alleviate congestion, improve infrastructure, implement advanced traffic management systems, address the issue of unlicensed drivers, and prioritize the safety of pedestrians and cyclists. However, another pressing issue the city of Santa Ana faces is the challenge of persisting impaired driving.

City Council 16 – 5 10/1/2024
9/10/2024 7:55:22 AM Page 4 of 19
In 2023, despite ongoing efforts to curb impaired driving, our community faced a staggering 377 DUI arrests, including 5 alcohol-related fatal crashes, 74 alcohol-related injury crashes, 115 alcohol-related injury victims, 8 drug-involved fatal crashes, 21 drug-related involved injuries, 28 drug-related injuries, 4 combo injury crashes, and 7 combined injuries, highlighting the ongoing and sever impact of alcohol and drug impairment on public safety.

Additionally, our department needs a new DUI checkpoint trailer to replace the outdated one currently in use. The existing trailer lacks modern features, which impacts efficiency and safety. A new trailer will enhance visibility, improve operational reliability, and integrate advanced technology, ultimately allowing us to conduct more effective and efficient DUI checkpoints. This upgrade is essential for maintaining our commitment to road safety and effective impaired driving prevention.

Currently, the Santa Ana Police Department has 18 sworn Police Officers assigned to the Traffic Division.

These numbers include (1) Commander, (2) Sergeants, (3) Corporals, and (12) Police Officers. (3) sworn Police Officers assigned as Crash Investigation Detectives and are not regularly fielded for the purpose of traffic enforcement. There are (9) Motor Officers assigned to the Traffic Division who are tasked with daily traffic enforcement and crash investigations.

Expected Outcomes:
 Reduction in Traffic Crashes: Implementing evidence-based traffic safety measures to significantly reduce the number of crashes at identified hotspots. This includes high visibility enforcement activities such as DUI Saturation, DUI/DL Checkpoints, among others.  Addressing Unlicensed Drivers: Implementing strategies to identify and address the issue of unlicensed drivers through education and enforcement; thereby, reducing the risk of crashes caused by individuals without valid driving credentials.
 Enhanced Pedestrian and Cyclist Safety: Implementing awareness campaigns and safety equipment distribution to ensure the safety of pedestrians and cyclists on city streets.  Community Engagement: Establishing community outreach programs to educate residents and commuters about the importance of traffic safety and garnering their support for sustainable, longterm changes.

By addressing these key issues, the proposed grant seeks to create a safer and more efficient transportation environment in the City of Santa Ana, accommodating the daily influx of workers, addressing the challenge of unlicensed drivers, and improving the quality of life for its residents.

2. PERFORMANCE MEASURES
A. Goals:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

15. Reduce hit & run fatal crashes.

16. Reduce hit & run injury crashes.

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

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

B. Objectives: Target Number
City Council 16 – 6 10/1/2024
9/10/2024 7:55:22 AM Page 5 of 19

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

National Pedestrian Safety Month, National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: National Speed Prevention Campaigns, NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
12 3. Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 12 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 4 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 2 6. Send law enforcement personnel to the Drug Recognition Expert (DRE) training (classroom and field training must be completed).
2 7. Send law enforcement personnel to the DRE Recertification training. 2

8. Send law enforcement personnel to SFST Instructor training. 1

9. Send law enforcement personnel to DRE Instructor training. 1

10. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.
10 11. Conduct DUI Saturation Patrol operation(s). 65

12. Conduct Warrant Service operation(s) targeting multiple DUI offenders who fail to appear in court.
4 13. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
64 14. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
8 15. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers. 2 16. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 13 17. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
8 18. Conduct Know Your Limit campaigns with an effort to reach members of the community.
3 19. Participate in highly visible collaborative DUI Enforcement operations. 3 City Council 16 – 7 10/1/2024
9/10/2024 7:55:22 AM Page 6 of 19

20. Participate in highly visible collaborative Traffic Enforcement operations. 4

21. Send law enforcement personnel to DUI Checkpoint Planning and Management training.
1 22. Conduct specialized enforcement operations focusing specifically on street racing and sideshow activities.
9 23. Send law enforcement personnel to a POST certified implicit bias training, such as; Implicit Bias and Community Policing, Principles Policing, or Beyond Bias. 20 3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year)  The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.
 All training needed to implement the program should be conducted in the first quarter.  All grant related purchases needed to implement the program should be made in the first quarter.  In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify the “worst of the worst” repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The DUI BOLO may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly.  Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.

Media Requirements:

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

B. Phase 2 – Program Operations (Throughout Grant Year)  The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes.

Media Requirements
The following requirements are for all grant-related activities:
 Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 Send all Powerpoint presentations, online presentations and trainings for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Certified training courses are EXEMPT from the approval process.
 The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the OTS grant coordinator.  Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material.

However, copy the OTS PIO at [email protected] and your OTS grant coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.
 If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy to your OTS grant coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.

City Council 16 – 8 10/1/2024
9/10/2024 7:55:22 AM Page 7 of 19
 Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your OTS grant coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
 Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your OTS grant coordinator with embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email.  Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at [email protected] for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.
 Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
 Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS grant coordinator for approval prior to the production or duplication.  Use the following standard language in all press, media, and printed materials, space permitting:

Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.  Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS grant coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.  Email the OTS PIO at [email protected] and copy your OTS grant coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.

If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grantrelated event or program. Media and program highlights are to be reflected in QPRs.  Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received OTS PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.  For additional guidance, refer to the OTS Grants Materials Approval Process Guidelines and OTS Grants Media Approval Process FAQs on the OTS website.  Contact the OTS PIO or your OTS grant coordinator for consultation when changes from any of the above requirements might be warranted.

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

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

2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
 Collect and report quarterly, appropriate data that supports the progress of goals and objectives.  Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
 Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
 Collect, analyze and report statistical data relating to the grant goals and objectives.

City Council 16 – 9 10/1/2024
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4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.

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

City Council 16 – 10 10/1/2024
9/10/2024 7:55:22 AM Page 9 of 19
State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B

GRANT NUMBER
PT25066

FUND NUMBER CATALOG

NUMBER (CFDA)

FUND DESCRIPTION TOTAL AMOUNT
402PT-25 20.600 State and Community Highway
Safety
$225,000.00
164AL-25 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$530,000.00

COST CATEGORY FUND
NUMBER

UNIT COST OR
RATE

UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164AL-25 $13,000.00 10 $130,000.00
DUI Saturation Patrols 164AL-25 $5,000.00 65 $325,000.00 Warrant Service Operations 164AL-25 $2,450.00 4 $9,800.00 Collaborative DUI Enforcement 164AL-25 $1,650.00 3 $4,950.00 Know Your Limit 164AL-25 $1,250.00 3 $3,750.00
SFST/ARIDE/DRE Instruction 164AL-25 $7,210.00 1 $7,210.00 Traffic Enforcement 402PT-25 $2,000.00 64 $128,000.00
Distracted Driving 402PT-25 $1,700.00 8 $13,600.00
Motorcycle Safety 402PT-25 $1,750.00 2 $3,500.00
Pedestrian and Bicycle Enforcement 402PT-25 $2,000.00 13 $26,000.00 Street Racing and Sideshow Enforcement
Operations
402PT-25 $3,630.00 9 $32,670.00
Collaborative Traffic Enforcement 402PT-25 $1,500.00 4 $6,000.00 Traffic Safety Educational Presentations 402PT-25 $850.00 8 $6,800.00 Category Sub-Total $697,280.00
B. TRAVEL EXPENSES
In State Travel 402PT-25 $4,955.00 1 $4,955.00
$0.00
Category Sub-Total $4,955.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
DUI Trailer 164AL-25 $45,000.00 1 $45,000.00
Category Sub-Total $45,000.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies 164AL-25 $4,290.00 1 $4,290.00
Bicycle Helmets 402PT-25 $15.00 125 $1,875.00
Bicycle Safety Items 402PT-25 $1,600.00 1 $1,600.00
Category Sub-Total $7,765.00
F. INDIRECT COSTS
$0.00
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Category Sub-Total $0.00
GRANT TOTAL $755,000.00
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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B-1

GRANT NUMBER
PT25066

BUDGET NARRATIVE

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

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

Warrant Service Operations - Overtime for grant funded Warrant Service Operations conducted by appropriate department personnel.

Collaborative DUI Enforcement - Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel
Know Your Limit - Overtime for grant funded traffic safety presentations or campaigns conducted by appropriate department personnel.

SFST/ARIDE/DRE Instruction - Overtime for grant funded instructor training conducted by appropriate department personnel.

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

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

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

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

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

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

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

CONTRACTUAL SERVICES
-

EQUIPMENT
DUI Trailer - Fully equipped trailer to transport DUI checkpoint supplies and to serve as a communication and command post during OTS operations. Costs may include the trailer, sales tax, delivery, installation costs, and other modifications and accessories or other items necessary to make the trailer usable for grant purposes, such as a generator, lighting, paint and graphics. The trailer cannot include any furniture or fixtures not affixed to the trailer.

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

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

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Bicycle Helmets - Helmets to be distributed at no cost during bicycle rodeos and other bicycle safety related events. Cost per helmet not to exceed an average price of $15, including shipping, handling and tax. More expensive helmets may be purchased if approved by OTS.

Bicycle Safety Items - Bicycle Safety Items - Safety items such as bicycle headlights/taillights, reflectors, and reflective arm and leg bands to be distributed at no cost during bicycle rodeos and other bicycle safety related events. Additional items may be purchased if approved by OTS.

INDIRECT COSTS
-

STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.

Nothing in this “agreement” shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Exhibit A

GRANT NUMBER
PT25066
Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117-58) The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following:

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

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

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The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively.

GENERAL ASSURANCES
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA.” The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.

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

1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in 49 CFR part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.

2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
“The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”

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

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

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

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

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

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

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

10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance. City Council 16 – 16 10/1/2024 9/10/2024 7:55:22 AM Page 15 of 19
By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub-recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

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

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

1. The dangers of drug abuse in the workplace;

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

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

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

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

1. Abide by the terms of the statement;

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

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

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

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

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

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

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; City Council 16 – 17 10/1/2024
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2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;

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

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

RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.

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

INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES)

1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

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

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

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

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

7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or City Council 16 – 18 10/1/2024
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otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
(https://www.sam.gov/).

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

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

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS—

PRIMARY TIER COVERED TRANSACTIONS

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

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

INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

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

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

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

6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or City Council 16 – 19 10/1/2024
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otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).

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

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

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION—

LOWER TIER COVERED TRANSACTIONS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

City Council 16 – 21 10/1/2024
Police Department
www.santa-ana.org/police
Item # 17
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 1, 2024
TOPIC: Taser 10 Equipment

AGENDA TITLE
Approve Agreement with Axon Enterprise, Inc. for Taser Equipment (General Fund and Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Axon Enterprise, Inc. for the provision of Taser 10 equipment to the Santa Ana Police Department for a five year period beginning December 15, 2024 to December 14, 2029, in an amount not to exceed $1,963,569 (Agreement No. A-2024-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
On December 17, 2019, the City Council authorized a five-year agreement with Axon Enterprise, Inc. (Axon) for the purchase of the Taser 7 model equipment for the Santa Ana Police Department (SAPD) to provide police officers with a less-lethal enforcement option that minimizes the risk of harm to both officers and suspects. Prior to this contract, the police officers were using the older X-26 and X-26P models.

As the end of the five-year period nears, approximately 400 of the Taser 7 models have reached their operational lifespan and are due for replacement. Upon expiration of the current agreement on December 16, 2024, the Taser 7 will no longer be under warranty and SAPD would be fully responsible for all liabilities resulting from the continued use of the Taser 7 model. Hence, the Police Department conducted research and identified the Taser 10 as the most suitable successor.

The Taser 10 has several enhancements that surpass the capabilities of the Taser 7 models. The enhancements include an improved dart design which provides a higher likelihood of achieving temporary neuromuscular incapacitation when deployed.

Additionally, the laser aiming system for Taser 10 provides superior accuracy and effectiveness through thick clothing. The Taser 10 also features an audible feature that City Council 17 – 1 10/1/2024
Taser 10 Equipment
October 1, 2024

Page 2 ends

allows officers to warn suspects before deployment, aiding in de-escalation efforts. With the Taser 10 enhancements, Axon anticipates an increase in overall Taser deployment effectiveness. Moreover, the Taser 10 offers enhanced deployment documentation by integrating with the Police Department's existing body-worn camera program software.

SAPD expects the Taser 10 advanced features and improved documentation capabilities will continue to complement the Department's de-escalation training and reduce the City's liability exposure in use-of-force incidents. Furthermore, the Police Department staff anticipates the enhanced features and effectiveness of the Taser 10 will provide an alternative to the number of use-of-force incidents requiring physical officer intervention, thereby reducing injury to both the officers and the suspects.

As the sole manufacturer of Taser devices, Axon has been chosen following the completion of the Request for Exception to Competitive Bidding Process documentation. With decades of experience serving the law enforcement community, Axon enjoys a reputation for quality within the industry. The Police Department already has a separate agreement with Axon Enterprise for body-worn camera equipment and services, and the company has consistently demonstrated responsiveness and flexibility in fulfilling that agreement. Therefore, based on their track record and expertise, staff recommends the approval of this new agreement with Axon for Taser 10 equipment.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
Funding is available in the FY 2024-25 budget and funding for subsequent fiscal years will be included in the proposed budgets for City Council consideration as follows:

Fiscal Year Accounting Unit –
Account No.

Fund
Description
Accounting Unit, Account
Description Amount
FY 24-25 01114410-62300 General FundTraining, Contract
Services-Professional $ 275,310
FY 24-25 12814407-62300
Law
Enforcement
Grants
SLESA, Contract
Services-Professional $ 114,649
FY 25-26 01114410-62300 General FundTraining, Contract
Services-Professional $ 275,310
FY 25-26 12814407-62300
Law
Enforcement
Grants
SLESA, Contract
Services-Professional $ 118,093
City Council 17 – 2 10/1/2024
Taser 10 Equipment
October 1, 2024

Page 3 ends

FY 26-27 01114410-62300 General FundTraining, Contract
Services-Professional $ 275,310
FY 26-27 12814407-62300
Law
Enforcement
Grants
SLESA, Contract
Services-Professional $ 118,093
FY 26-27 01114410-62300 General FundTraining, Contract
Services-Professional $ 275,310
FY 26-27 12814407-62300
Law
Enforcement
Grants
SLESA, Contract
Services-Professional $ 118,092
FY 27-28 01114410-62300 General FundTraining, Contract
Services-Professional $ 275,310
FY 27-28 12814407-62300
Law
Enforcement
Grants
SLESA, Contract
Services-Professional $ 118,092
Total $1,963,569
*Note: Amount rounded up or down to nearest dollar to equal total amount of contract.

EXHIBIT(S)

1. Agreement with Axon
Submitted By: Robert Rodriguez, Acting Chief of Police
Approved By: Alvaro Nuñez, City Manager
City Council 17 – 3 10/1/2024
1 AGREEMENT WITH AXON ENTERPRISE, INC. AND CITY OF SANTA ANA FOR TASER 10 CONDUCTED ENERGY WEAPONS
THIS AGREEMENT is made and entered into on this 1st day of October, 2024 by and between Axon Enterprise, Inc., (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. On December 17, 2019, the City Council authorized a five-year agreement with Axon Enterprise, Inc. for the purchase of the Taser 7 model equipment for the Santa Ana Police Department (SAPD) to provide police officers with a less-lethal enforcement option that minimizes the risk of harm to both officers and suspects (Agreement No. A-2019-243). That Agreement is still in effect. However, Axon Enterprise, Inc. no longer provides a warranty for the Taser 7, and approximately 400 of these units have reached the end of their operational lifespan and are due for replacement. As such, the City desires to retain a Consultant to replace the Taser 7 model equipment.

B. The Taser 10 platform is an upgrade to the current Taser 7 platform. Consultant is the only company that manufactures a Taser device and has been serving the law enforcement community for 31 years. Santa Ana Police Department has completed the necessary Request to Exception to Competitive Bidding Process, as Consultant is the sole provider of said services.

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
a. Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Consultant’s TASER Energy Weapon Agreement, identified as Exhibit A, which is attached hereto and incorporated by reference.
b. The Parties to this Agreement understand and agree that any reference to any products or services owned, maintained and offered by Consultant, which are not specific to the TASER 10 equipment and services, are not applicable to this Agreement.

EXHIBIT 1
City Council 17 – 4 10/1/2024
2 2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed $1,963,569.

3. TERM
This Agreement shall commence on December 15, 2024 for a five (5) year term, and shall expire on December 14, 2029, unless terminated earlier in accordance with Section 13 of Exhibit A.

4. INSURANCE
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.

MINIMUM SCOPE OF INSURANCE
Contractor shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as:
x Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate.
x Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of $1,000,000.
x Workers’ Compensation (W/C): 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, per employee, per policy for bodily injury or disease. This requirement can be waived if Vendor has no employees.

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

1. CGL and AL policies: City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Permittee including materials, parts, equipment, and personnel furnished in connection with such work or operations.

City Council 17 – 5 10/1/2024
3 2. All required insurance policies: Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Permittee for City.

3. All required insurance policies: For any claims related to this contract, Permittee’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it.

4. All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Permittee’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability.

5. Each insurance policy required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits that breaches the Insurance requirements, non-renewed by the carrier, or breach the Insurance requirements except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written shall be provided to City for policy cancellation or non-renewal due to non- payment.

6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Sgt. Brandon Sontag, 20 Civic Center Plaza M-96, Santa Ana, CA 92701. The name and location of event should be included in the Description of Operations section of each certificate.

Self-Insured Retentions
Self-insured retentions must be declared to the City..

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

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

Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:

1. The retroactive date must be shown and must be before the date of the contract or the beginning of work.

2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a

City Council 17 – 6 10/1/2024
4 retroactive date prior to the contract effective date, Company must purchase “extended reporting” coverage for a minimum of three (3) years after completion of work.

Subcontractors
Contractor shall require and verify that all sub-contractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from sub-contractors.

Special Risks or Circumstances
City reserves the right to modify these requirements after discussion with Contractor and written consent from Contractor, which shall not be unreasonably withheld, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

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

To City:

City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:

Chief of Police
City of Santa Ana
20 Civic Center Plaza (M-96)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714-245-8007
To Contractor:

Axon Enterprise, Inc.

Attn: Brian Black, National Director
17800 N. 85th Street
Scottsdale, AZ 85255

City Council 17 – 7 10/1/2024
5 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.

6. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. The City has provided this Agreement to incorporate Consultant’s specific requirements for use of the TASER 10 products and services. In the event of any inconsistency or conflict between the Agreement and the attached Exhibits, the terms, conditions and provisions of this Agreement shall govern and control. [Signatures on following page]

City Council 17 – 8 10/1/2024
City Council 17 – 9 10/1/2024
Title: Axon Enterprise, Inc.’s TASER Energy Weapon Agreement Department: Legal
Version: 1.0
Release Date: 3/2/2023

Page 1 of 11 ends

EXHIBIT A
Axon Enterprise, Inc.’s TASER
Energy Weapon Agreement
This TASER Energy Weapon Agreement (“Agreement”) applies to Agency’s TASER 7 or TASER 10 purchase from Axon Enterprise, Inc. (“Axon”). Agency will receive TASER 7 or TASER 10 Conducted Energy Weapon (“CEW”) hardware, accessories, warranty, and services documented in the attached Quote Appendix (“Quote”).

1. Term. The start date is based on the initial shipment of TASER 7 or TASER 10 hardware (“Start Date”). If shipped in the first half of the month, the Start Date is the 1st of the following month. If shipped in the last half of the month, the Start Date is the 15th of the following month. The TASER 7 OR TASER 10 term will end upon completion of the associated TASER 7 or TASER 10 subscription in the Quote (“Term”). If the Quote has multiple TASER 7 or TASER 10 ship dates, each shipment will have a 60-month term, starting on the shipment of TASER 7 or TASER 10 as described above.

2. Payment. Axon invoices upon shipment, or on the date specified within the invoicing plan in the Quote.

Payment is due net 30 days from the invoice date. Payment obligations are non-cancelable. Unless otherwise prohibited by law, Agency will pay interest on all past-due sums at the lower of one-and-a-half percent (1.5%) per month or the highest rate allowed by law. Agency will pay invoices without setoff, deduction, or withholding. If Axon sends a past due account to collections, Agency is responsible for collection and attorneys’ fees.

3. Taxes. Agency is responsible for sales and other taxes associated with the order unless Agency provides Axon a valid tax exemption certificate.

4. Shipping. Axon may make partial shipments and ship any hardware provided by Axon under this Agreement (“Axon Devices”) from multiple locations. All shipments are EXW (Incoterms 2020) via common carrier. Title and risk of loss pass to Agency upon Axon’s delivery to the common carrier. Agency is responsible for any shipping charges in the Quote.

5. Returns. All sales are final. Axon does not allow refunds or exchanges, except warranty returns or as provided by state or federal law.

6. Warranty.

6.1. Limited Warranty; Disclaimer. Axon warrants that Axon-manufactured Devices are free from defects in workmanship and materials for 1 year from the date of Agency’s receipt, except Signal Sidearm and Axon-manufactured accessories, which Axon warrants for 30 months and 90 days, respectively, from the date of Agency’s receipt. Used conducted energy weapon (“CEW”) cartridges are deemed to have operated properly. Extended warranties run from the expiration of the 1-year hardware warranty through the extended warranty term. All software and Axon Cloud Services are provided "AS IS," without any warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Axon Devices, software, and services that are not manufactured, published or performed by Axon (“Third-Party Products”) are not covered by Axon’s warranty and are only subject to the warranties of the third-party provider or manufacturer.

6.2. Claims. If Axon receives a valid warranty claim for an Axon-manufactured Device during the warranty term, Axon’s sole responsibility is to repair or replace the Axon-manufactured Device with the same or like Axon-manufactured Device, at Axon’s option. A replacement Axon-manufactured Device will be new or like new. Axon will warrant the replacement Axon-manufactured Device for the longer of (a) the remaining warranty of the original Axon Manufactured Device or (b) 90-days from the date of repair or replacement.

6.2.1. If Agency exchanges a device or part, the replacement item becomes Agency’s property, and the replaced item becomes Axon’s property. Before delivering an Axon-manufactured Device for service, Agency must upload Axon-manufactured Device data to Axon Evidence or download it and retain a copy. Axon is not responsible for any loss of software, data, or other information contained in storage media or any part of the Axon-manufactured Device sent to Axon for service.

6.3. Spare Axon Devices. At Axon's reasonable discretion, Axon may provide Agency a predetermined number of spare Axon Devices as detailed in the Quote (“Spare Axon Devices”). Spare Axon Devices

City Council 17 – 10 10/1/2024
Title: Axon Enterprise, Inc.’s TASER Energy Weapon Agreement Department: Legal
Version: 1.0
Release Date: 3/2/2023

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are intended to replace broken or non-functioning units while Agency submits the broken or non-

City Council 17 – 11 10/1/2024
Title: Axon Enterprise, Inc.’s TASER Energy Weapon Agreement Department: Legal
Version: 1.0
Release Date: 3/2/2023

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Axon Enterprise, Inc.’s TASER
Energy Weapon Agreement
functioning units, through Axon’s warranty return process. Axon will repair or replace the unit with a replacement Axon Device. Title and risk of loss for all Spare Axon Devices shall pass to Agency in accordance with shipping terms under Section 5. Axon assumes no liability or obligation in the event Agency does not utilize Spare Axon Devices for the intended purpose.

6.4. Limitations. Axon’s warranty excludes damage related to: (a) failure to follow Axon Device use instructions; (b) Axon Devices used with equipment not manufactured or recommended by Axon; (c) abuse, misuse, or intentional damage to Axon Device; (d) force majeure; (e) Axon Devices repaired or modified by persons other than Axon without Axon’s written permission; or (f) Axon Devices with a defaced or removed serial number. Axon’s warranty will be void if Agency resells Axon Devices.

6.4.1. To the extent permitted by law, the above warranties and remedies are exclusive. Axon disclaims all other warranties, remedies, and conditions, whether oral, written, statutory, or implied. If statutory or implied warranties cannot be lawfully disclaimed, then such warranties are limited to the duration of the warranty described above and by the provisions in this Agreement.

6.4.2. Axon’s cumulative liability to any Party for any loss or damage resulting from any claim, demand, or action arising out of or relating to any Axon Device or Service will not exceed the purchase price paid to Axon for the Axon Device, or if for Services, the amount paid for such Services over the 12 months preceding the claim. Neither Party will be liable for direct, special, indirect, incidental, punitive or consequential damages, however caused, whether for breach of warranty or contract, negligence, strict liability, tort or any other legal theory.

6.5. Online Support Platforms. Use of Axon's online support platforms (e.g., Axon Academy and MyAxon) is governed by the Axon Online Support Platforms Terms of Use Appendix available at www.axon.com/sales-terms-and-conditions.

6.6. Third-Party Software and Services. Use of software or services other than those provided by Axon is governed by the terms, if any, entered into between Agency and the respective third-party provider, including, without limitation, the terms applicable to such software or services located at www.axon.com/sales-terms-and-conditions, if any.

6.7. Axon Aid. Upon mutual agreement between Axon and Agency, Axon may provide certain products and services to Agency, as a charitable donation under the Axon Aid program. In such event, Agency expressly waives and releases any and all claims, now known or hereafter known, against Axon, and its officers, directors, employees, agents, contractors, affiliates, successors, and assigns (collectively, "Releasees"), including but not limited to, on account of injury, death, property damage, or loss of data, arising out of or attributable to the Axon Aid program whether arising out of the negligence of Axon or any Releasees or otherwise. Agency agrees not to make or bring any such claim against Axon or any other Releasee, and forever release and discharge Axon and all other Releasees from liability under such claims. Agency expressly allows Axon to publicly announce its participation in Axon Aid and use its name in marketing materials. Axon may terminate the Axon Aid program without cause immediately upon notice to the Agency.

7. Axon Device Warnings. See www.axon.com/legal for the most current Axon Device warnings.

8. Design Changes. Axon may make design changes to any Axon Device or Service without notifying Agency or making the same change to Axon Devices and Services previously purchased by Agency.

9. Bundled Offerings. Some offerings in bundled offerings may not be generally available at the time of Agency’s purchase. Axon will not provide a refund, credit, or additional discount beyond what is in the Quote due to a delay of availability or Agency’s election not to utilize any portion of an Axon bundle.

10.Insurance. Axon will maintain General Liability, Workers’ Compensation, and Automobile Liability insurance.

Upon request, Axon will supply certificates of insurance.

11. IP Rights. Axon owns and reserves all right, title, and interest in Axon-manufactured Devices and Services and suggestions to Axon, including all related intellectual property rights. Agency will not cause any Axon proprietary rights to be violated.

City Council 17 – 12 10/1/2024
Title: Axon Enterprise, Inc.’s TASER Energy Weapon Agreement Department: Legal
Version: 1.0
Release Date: 3/2/2023

Page 4 of 11 ends

Axon Enterprise, Inc.’s TASER
Energy Weapon Agreement

12. Agency Responsibilities. Agency is responsible for (a) Agency’s use of Axon Devices; (b) breach of this Agreement or violation of applicable law by Agency or an Agency end user; (c) a dispute between Agency and a third-party over Agency’s use of Axon Devices; (d) to ensure Axon Devices are destroyed and disposed of securely and sustainably at Agency’s cost; and (e) any regulatory violations or fines, as a result of improper destruction or disposal of Axon Devices.

13. Termination.

13.1. For Breach. A Party may terminate this Agreement for cause if it provides 30 days written notice of the breach to the other Party, and the breach remains uncured at the end of 30 days. If Agency terminates this Agreement due to Axon’s uncured breach, Axon will refund prepaid amounts on a prorated basis based on the effective date of termination.

13.2. By Agency. If sufficient funds are not appropriated or otherwise legally available to pay the fees, Agency may terminate this Agreement. Agency will deliver notice of termination under this section as soon as reasonably practicable.

13.3. Effect of Termination. Upon termination of this Agreement, Agency rights immediately terminate.

Agency remains responsible for all fees incurred before the effective date of termination. If Agency purchases Axon Devices for less than the manufacturer’s suggested retail price (“MSRP”) and this Agreement terminates before the end of the Term, Axon will invoice Agency the difference between the MSRP for Axon Devices received, including any Spare Axon Devices, and amounts paid towards those Axon Devices. Only if terminating for non-appropriation, Agency may return Axon Devices to Axon within 30 days of termination. MSRP is the standalone price of the individual Axon Device at the time of sale. For bundled Axon Devices, MSRP is the standalone price of all individual components.

14. General.

14.1. Force Majeure. Neither Party will be liable for any delay or failure to perform due to a cause beyond a Party’s reasonable control.

14.2. Independent Contractors. The Parties are independent contractors. Neither Party has the authority to bind the other. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the Parties.

14.3. Third-Party Beneficiaries. There are no third-party beneficiaries under this Agreement.

14.4. Non-Discrimination. Neither Party nor its employees will discriminate against any person based on race; religion; creed; color; sex; gender identity and expression; pregnancy; childbirth; breastfeeding; medical conditions related to pregnancy, childbirth, or breastfeeding; sexual orientation; marital status; age; national origin; ancestry; genetic information; disability; veteran status; or any class protected by local, state, or federal law.

14.5. Export Compliance. Each Party will comply with all import and export control laws and regulations.

14.6. Waiver. No waiver or delay by either Party in exercising any right under this Agreement constitutes a waiver of that right.

14.7. Severability. If a court of competent jurisdiction holds any portion of this Agreement invalid or unenforceable, the remaining portions of this Agreement will remain in effect.

14.8. Survival. The following sections will survive termination: Payment, Warranty, Axon Device Warnings, Indemnification, IP Rights, and Agency Responsibilities.

14.9. Governing Law. The laws of the state where Agency is physically located, without reference to conflict of law rules, govern this Agreement and any dispute arising from it. The United Nations Convention for the International Sale of Goods does not apply to this Agreement.

14.10.Notices. All notices must be in English. Notices posted on Agency’s Axon Evidence site are effective upon posting. Notices by email are effective on the sent date of the email. Notices by personal delivery are effective immediately. Notices to Agency shall be provided to the address on file with Axon. Notices to Axon shall be provided to Choose an item. Attn: Legal, 17800 North 85th Street, Scottsdale, Arizona 85255 with a copy to [email protected].

City Council 17 – 13 10/1/2024
Title: Axon Enterprise, Inc.’s TASER Energy Weapon Agreement Department: Legal
Version: 1.0
Release Date: 3/2/2023

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Axon Enterprise, Inc.’s TASER
Energy Weapon Agreement

18.12 Entire Agreement. This Agreement, including the Appendices and any SOW(s), represents the entire agreement between the Parties. This Agreement supersedes all prior agreements or understandings, whether written or verbal, regarding the subject matter of this Agreement. This Agreement may only be modified or amended in a writing signed by the Parties.

Each representative identified below declares they have been expressly authorized to execute this Agreement as of the date of signature.

Axon Enterprise, Inc. Agency
Signature: Signature:

Name: Name:

Title: Title:

Date: Date:

City Council 17 – 14 10/1/2024
Title: Axon Enterprise, Inc.’s TASER Energy Weapon Agreement Department: Legal
Version: 1.0
Release Date: 3/2/2023

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Axon Enterprise, Inc.’s TASER
Energy Weapon Agreement
TASER Energy Weapon Axon Evidence Terms of Use Appendix 1 Definitions.
“Agency Content” is data uploaded into, ingested by, or created in Axon Evidence within Agency’s tenant, including media or multimedia uploaded into Axon Evidence by Agency. Agency Content includes Evidence but excludes Non-Content Data.
“Evidence” is media or multimedia uploaded into Axon Evidence as 'evidence' by an Agency.

Evidence is a subset of Agency Content.
“Non-Content Data” is data, configuration, and usage information about Agency’s Axon Evidence tenant, Axon Devices and client software, and users that is transmitted or generated when using Axon Devices. Non-Content Data includes data about users captured during account management and customer support activities. Non-Content Data does not include Agency Content. 2 Subscription Term. The TASER 7 or TASER 10 Axon Evidence Subscription Term begins on the Start Date.
3 Access Rights. Upon Axon granting Agency a TASER 7 or TASER 10 Axon Evidence subscription, Agency may access and use Axon Evidence for the storage and management of data from TASER 7 or TASER 10 CEW devices during the TASER 7 or TASER 10 Axon Evidence Subscription Term. Agency may not upload any non-TASER 7 or TASER 10 data or any other files to Axon Evidence. Agency may not exceed the number of end-users than the Quote specifies. 4 Agency Owns Agency Content. Agency controls and owns all right, title, and interest in Agency Content. Except as outlined herein, Axon obtains no interest in Agency Content, and Agency Content is not Axon’s business records. Agency is solely responsible for uploading, sharing, managing, and deleting Agency Content. Axon will only have access to Agency Content for the limited purposes set forth herein. Agency agrees to allow Axon access to Agency Content to (a) perform troubleshooting, maintenance, or diagnostic screenings; and (b) enforce this Agreement or policies governing use of the Axon products.
5 Security. Axon will implement commercially reasonable and appropriate measures to secure Agency Content against accidental or unlawful loss, access, or disclosure. Axon will maintain a comprehensive information security program to protect Axon Evidence and Agency Content including logical, physical access, vulnerability, risk, and configuration management; incident monitoring and response; encryption of uploaded digital evidence; security education; and data protection. Axon agrees to the Federal Bureau of Investigation Criminal Justice Information Services Security Addendum.
6 Agency Responsibilities. Agency is responsible for (a) ensuring Agency users comply with this Agreement; (b) ensuring Agency owns Agency Content and no Agency Content or Agency end user’s use of Agency Content or Axon Evidence violates this Agreement or applicable laws; and (c) maintaining necessary computer equipment and Internet connections for use of Axon Evidence.

If Agency becomes aware of any violation of this Agreement by an end-user, Agency will immediately terminate that end user’s access to Axon Evidence.

Agency is also responsible for maintaining the security of end-user names and passwords and taking steps to maintain appropriate security and access by end-users to Agency Content. Login credentials are for Agency internal use only and Agency may not sell, transfer, or sublicense them to any other entity or person. Agency may download the audit log at any time. Agency shall contact

City Council 17 – 15 10/1/2024
Title: Axon Enterprise, Inc.’s TASER Energy Weapon Agreement Department: Legal
Version: 1.0
Release Date: 3/2/2023

Page 7 of 11 ends

Santa Ana City CouncilOctober 1, 2024

Santa Ana City Council
October 1, 2024