Agreement_J.K. Miklin Inc. dba Yamada Enterprises (Library Furniture) LIB signed

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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 Proposal s (“RFP”) No. 24-080A, by which it sought a qualified contractor to provide library public furniture and modular officer furniture services.

B. 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.

C. 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 an d 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 pro vided 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 und ertaking 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 o f 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 C ontractor 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 Cit y 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 c overage shall be primary and a ny 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 severabi lity 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 S anta 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 required by 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 c overage 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 e quitable 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 wh ich 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 l imited, 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, ind emnify 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 a ccurate 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 in formation 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 agen t 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 informatio n 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 hav e 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 Ag reement 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 int ended 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, fail ure, 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 cas e 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

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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 bee n 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 g overnmental 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 por tion 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 Complianc e 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 Awa rds, 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;

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e. Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions ; and

f. 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 stipulat ed 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]

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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 CONTRACTOR
SONIA R. CARVALHO
City Attorney

By: _____________________ ____________________________ Brandon Salvatierra Parker Braverman
Deputy City Attorney President

RECOMMENDED FOR APPROVAL

____________________________
Brian Sternberg.

Executive Director
Library Services Agency

EXHIBIT A

CITY OF SANTA ANA

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

1. Contractor shall provide a dedicated local representative.

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

5. 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.

6. 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.

7. 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.

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. Uncrating at location of delivery will not 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. Contractor shall ensure delivery site is left in a clean and orderly manner after installation is complete.

EXHIBIT I

SCOPE OF SERVICES
City of Santa Ana
RFP 24-080A

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EXHIBIT B

Library Interiors
16552 Burke Lane • Huntington Beach, CA • 92647-4538
(714) 843-9882 • (800) 444-4594 • FAX (714) 843-9202

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 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
(714) 843-9882 • (800) 444-4594 • FAX (714) 843-9202

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

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

10. Yamada 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. 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

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 RF P 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

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 3 6 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 1 7 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

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
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 par
ticular 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

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 sampl es 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

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 RF P. Balance of project will be invoiced upon completion.

CITY OF SANTA ANA
Li
st and describe fully the contracts performed by your firm which demonstrate your ability to provide the suppl
ies, 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.

FERENCE

Customer Name:_________________________Contact Individual: ____________________________ A
ddress: ________________________________Phone Number:

_______________________________ EMAIL: ____________________________________ C
ontract Amount: ________________________Year: ______________________________________ D
escription of supplies, equipment, or services provided:
__________________________________________________________________________________

FERENCE

Customer Name:_________________________Contact Individual: ____________________________ A
ddress: ________________________________Phone Number:

FERENCE

Customer Name:_________________________Contact Individual: ____________________________ A
ddress: ________________________________Phone Number:

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

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

ATTACHMENT B
RE

FERENCES
City of Santa Ana
RFP 24-080A

Page 34 of 42 ends

LA County Library Ken Kurose
7400 imperial Hwy
Downey, CA 90242
(562) 940-6979
[email protected]
$810,000.00 2024
West Covina Library: Turnkey design, procurement, and installations servcies for library shelving and furniture.

San Diego County Library Amber Torres
5560 Overland Ave. (858) 495-5036
San Diego, CA 92123 [email protected]
$858,000.00 2023
Lakeside Library: Turnkey design, procurement, and installation services for library shelving and furniture.

Whittier Public Library Paymaneh Maghsoudi
7344 Washington Ave. (562) 567-9920
Whittier, CA 90602 [email protected]
$1,600,000.00 2022
Turnkey design, procurement, and installation services for library shelving, furniture, and custom millwork.

Oﬃce: (714) 843-9882
Web: www.yamadaenterprises.com
Email: [email protected]
Address: 16552 Burke Lane, Huntington Beach, CA 92647

CITY OF SANTA ANA

Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit 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.

__________________________________________________________________________________

LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS

__________________________________________________________________________________

BUSINESS ADDRESS

__________________________________________________________________________________

PRINTED NAME OF AUTHORIZED AGENT TITLE

__________________________________________________________________________________

SIGNATURE OF AUTHORIZED AGENT DATE E- MAIL ADDRESS

__________________________________________________________________________________

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

__________________________________________________________________________________

CITY OF SANTA ANA BUSINESS LICENSE NUMBER
(PLEASE PROVIDE IF AVAILABLE, BUT NOT REQUIRED UNTIL AND IF AN AWARD IS MADE TO PROPOSER.)

THIS FORM MUST BE COMPLETED A
ND INCLUDED WITH THE PROPOSAL.

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

ATTACHMENT A

PROPOSER’S CERTIFICATION, PROPOSAL PRICING
City of Santa Ana
RFP 24-080A

Page 33 of 42 ends

FERENCE

Customer Name:_________________________Contact Individual: ____________________________ A
ddress: ________________________________Phone Number:

FERENCE

Customer Name:_________________________Contact Individual: ____________________________ A
ddress: ________________________________Phone Number:

FERENCE

Customer Name:_________________________Contact Individual: ____________________________ A
ddress: ________________________________Phone Number:

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

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

ATTACHMENT B
RE

FERENCES
City of Santa Ana
RFP 24-080A

Page 34 of 42 ends

CITY OF SANTA ANA

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

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

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

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

Firm________________________________________________________________________________

Signed and Printed Name: ______________________________________________________________

Title ________________________________________________________________________________

Date

THIS FORM MUST BE COMPLETED A
ND INCLUDED WITH THE PROPOSAL.

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

ATTACHMENT C

PROPOSER’S STATEMENT
City of Santa Ana
RFP 24-080A

Page 35 of 42 ends

CITY OF SANTA ANA

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

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

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

Signed:

Title:

Firm:

Date:

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

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

ATTACHMENT E

NON-LOBBYING CERTIFICATION
City of Santa Ana
RFP 24-080A

Page 37 of 42 ends

CITY OF SANTA ANA

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

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

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

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

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

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

ATTACHMENT F

NON-DISCRIMINATION CERTIFICATION
City of Santa Ana
RFP 24-080A

Page 38 of 42 ends

CITY OF SANTA ANA

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

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

Signed:

Title:

Firm:

Date:

THIS FORM MUST BE COMPLETED AND
INCLUDED WITH THE PROPOSAL.

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

City of Santa Ana
RFP 24-080A

Page 39 of 42 ends

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

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

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

T
his 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.

P
roposer’s UEI:_______________________________________________ S
AM.gov Registration Expiration Date:_____________________________ T
HIS FORM MU ST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

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

ATTACHMENT G
S
AM.GOV UEI VERIFICATION
City of Santa Ana
RFP 24-080A

Page 40 of 42 ends

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.

Consultant
Name and Title of Official Authorized to Certify
On Behalf of the Consultant
_______________________________________
Date

ATTACHMENT H

CERTIFICATION REGARDING DEBARMENT, INELIGIBILITY AND VOLUNTARY EXCLUSION City of Santa Ana
RFP 24-080A

Page 41 of 42 ends

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.

ATTACHMENT H

CERTIFICATION REGARDING DEBARMENT, INELIGIBILITY AND VOLUNTARY EXCLUSION ATTACHMENT H (continued)

CERTIFICATION REGARDING DEBARMENT, INELIGIBILITY AND VOLUNTARY EXCLUSION City of Santa Ana
RFP 24-080A

Page 42 of 42 ends

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J.K. MIKLIN, INC.

Entity Information
Unique Entity ID
KBXNMKSZ8EL1

CAGE/NCAGE
4DXG4 Nov 13, 2024
7/18/24, 10:00 AM SAM.gov
https://sam.gov/entities/view/KBXNMKSZ8EL1/coreData?status=Active&emrKeyValue=1433560~1699987412525987 1/6

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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 FundingAccountability 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 anactive registration in SAM demonstrates the registrant responded to the questions.

SAM SEARCH AUTHORIZATION
Physical Address
16552 Burke LN
Huntington Beach, California
92647-4538, United States
Mailing Address16552 Burke Lane
Huntington Beach, California
92647-4538, United States
Purpose of Registration
All Awards
Version
Current Record
Doing Business As
Yamada Enterprises
URL
www.yamadaenterprises.com
Division Name
(blank)
Division Number
(blank)
Congressional District
California 47
State/Country of Incorporation
California, United States
Owner CAGE Legal Business Name
Immediate Owner (blank) (blank)
Highest Level Owner (blank) (blank)
Registration Dates
Entity Dates
Activation Date
Nov 16, 2023
Submission Date
Nov 14, 2023
Initial Registration Date
May 2, 2006
Entity Start Date
Jan 1, 1975
Fiscal Year End Close Date
Dec 31
I authorize my entity's non-sensitive information to be displayed in SAM public search results:
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Entity Type Business or Organization
Profit Structure For Profit Organization
Organization Factors Subchapter S Corporation
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Check the registrant's Reps & Certs, if present, under FAR 52.212-3 or FAR 52.219-1 todetermine if the entity is an SBA-certified HUBZone small business concern. Additional smallbusiness information may be found in the SBA's Dynamic Small Business Search if the entitycompleted the SBA supplemental pages during registration.

Payments
Accepts Credit Card Payments
No Debt Subject To Oset
No
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Primary Point of Contact
Tracey Nguyen
Address
16552 Burke LaneHuntington Beach, California 92647-4538 United States
Primary Point of Contact
Jr Arroyo
Address
16552 Burke LaneHuntington Beach, California 92647-4538 United States
Alternate Point of Contact

LINDA BRAVERMAN
Address
16552 Burke Lane
Huntington Beach, California 92647-4538United States
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WARNING
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Primary Point of Contact

LINDA BRAVERMAN
Address
16552 Burke Lane
Huntington Beach, California 92647-4538United States
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YAMADA , .. ,.,.,
111111111 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

PLAN CODE ITEM MANUFACTURER MODEL LEAD TIME QUANTITY UNIT COST TOTAL COST CR-7 Reader Chair TMC Per Spec 16 weeks 8 643 $ 5,144.00 DS-1A Service Desk Worden Per Spec 16 weeks 2 78506 $ 157,012.00 DS-1B Service Desk Worden Per Spec 16 weeks 1 52475 $ 52,475.00 DS-1C Service Desk Worden Per Spec 16 weeks 4 25481 $ 101,924.00 DSH-1 Display Shelving OPTO Per Spec 2 weeks 5 3646.61 $ 18,233.05 M-2 Map Cabinet Alpine Per Spec 2 weeks 1 4375 $ 4,375.00 M-3 Card Catalogue Alpine Per Spec 2 weeks 3 3441.66 $ 10,324.98 TR-3 Reader Table TMC Per Spec 16 weeks 2 1240 $ 2,480.00 $ 377,083.67
$ 34,880.24
$ 411,963.91
LIBRARY FURNITURE PACKAGE C (lump sum award)
Bid Form-Attachment J
Storage Costs After 1 Month Free Storage (Monthly Fee-to include all labor associated with storage) No Charge TOTAL LIBRARY FURNITURE PACKAGE C (A+B)
SUBTOTAL LIBRARY FURNITURE PACKAGE C (A) $ 351,968.03 Design, Receive, Deliver, and Install Costs (B) $ 25,115.64 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. 202024-05-16

SANTA ANA LIBRARY

FURNITURE SPECIFICATIONS
Images are for reference only
CR-7
Manufacturer: TMC
Model Name: Vireo Chair
Item: Reader Chair
Location: 117 Youth Stacks
Qty: 8
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: n/a
Options: No cutout
Power: n/a
762024-05-16

SANTA ANA LIBRARY

FURNITURE SPECIFICATIONS
Images are for reference only
Manufacturer: Worden
Model Name and Number: Service Desk
Item: Service Desk
Location: 101 Great Reading Room
Qty: 2
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
DS-1A
Provide shop drawings for approval.
772024-05-16

SANTA ANA LIBRARY

FURNITURE SPECIFICATIONS
Images are for reference only
DS-1A

SOLID SURFACE,

NON-ADJUSTABLE

UNDER DESK

CABINET

SOLID SURFACE,

HIGHT ADJUSTABLE
DESK

SOLID SURFACE,

NON-ADJUSTABLE

WOOD SLATS

WOOD VENEER

INFORMATION
TOP

782024-05-16

SANTA ANA LIBRARY

FURNITURE SPECIFICATIONS
Images are for reference only
Manufacturer: Worden
Model Name and Number: Service Desk
Item: Service Desk
Location: 117 Youth Stacks
Qty: 1
DS-1B
Provide shop drawings for approval.

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.

SANTA ANA LIBRARY

FURNITURE SPECIFICATIONS
Images are for reference only
DS-1B

WOOD SLATS INFORMATION
TOP
SOLID

SURFACE,
NON-

ADJUSTABLE

UNDER DESK

CABINET

NFORMATION TOP

WOOD VENEER

SOLID SURFACE,

HIGHT ADJUSTABLE
DESK
802024-05-16

SANTA ANA LIBRARY

FURNITURE SPECIFICATIONS
Images are for reference only
Manufacturer: Worden
Model Name and Number: Service Desk
Item: Service Desk
Location: 222 History. 200 Adult Stacks, 212 Maker Space, 211 Young Adult
Qty: 4
DS-1C
Provide shop drawings for approval.

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
812024-05-16

SANTA ANA LIBRARY

FURNITURE SPECIFICATIONS
Images are for reference only
DS-1C

WOOD SLATS

SOLID SURFACE,

NON-ADJUSTABLE

WOOD VENEER

SOLID SURFACE,

HIGHT ADJUSTABLE
DESK
542024-05-16

SANTA ANA LIBRARY

FURNITURE SPECIFICATIONS
Images are for reference only
DSH-1
Manufacturer: Opto
Model Name and Number: Edge Collection Tall Mobile Showcase Locking Storage Cabinet
Item: Display Shelving
Location: 101 Great Reading Room, 109 Book Store
Qty: 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: Locking casters
Options: Adjustable glass shelves, locking storage cabinet Power: n/a
492024-05-16

SANTA ANA LIBRARY

FURNITURE SPECIFICATIONS
Images are for reference only
Manufacturer: n/a
Model Name and Number: n/a
Item: Map Cabinet
Location: 222 History
Qty: 1
Specification: Width Depth Height Seat
Height
Arm
Height
Size: existing existing existing n/a n/a
Type:

Base/Frame Finish : Refinish and restore existing wood
Glides: Repair base and/or glides as required
Options: Repair and/or replace hardware as required
M-2

502024-05-16

SANTA ANA LIBRARY

FURNITURE SPECIFICATIONS
Images are for reference only
Manufacturer: n/a
Model Name and Number: n/a
Item: Card Catalogue
Location: 222 History
Qty: 3
Specification: Width Depth Height Seat
Height
Arm
Height
Size: varies varies varies n/a n/a
Type:

Base/Frame Finish : Refinish and restore existing wood
Glides: Repair base and/or glides as required
Options: Repair and/or replace hardware as required
M-3
1 3
2 402024-05-16

SANTA ANA LIBRARY

FURNITURE SPECIFICATIONS
Images are for reference only
TR-3
Manufacturer: TMC
Model Name: Plover Table
Item: Reader Table
Location: 117 Youth Stacks
Qty: 2
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: n/a
Options: n/a
Power: n/a

EXHIBIT C

Four Hundred Eleven Thousand Nine Hundred Sixty-Three and 91/100 Dollars.

EXHIBIT D

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.

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 ide ntity, 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 form s 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 essent ial 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 investigatio n, 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.
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 constr uction 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 complianc e 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 requir e 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 contra ct 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 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, Sub part 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 standar d 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 i nsert 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 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. § 1 80.905) 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 i n 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, 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 compet ition, 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 EP A-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 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;
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 th e 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, regulatio ns, 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.
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 19 90, 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 p enalties, 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;
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, ar e 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 m eaningful 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. 10 (iv) Contractor acknowledges and agrees that compliance with this assurance constitutes a conditio n 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 struc ture 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 documentatio n of the settlement. If Contractor has not been the subject of any court or administrative agency finding of discrimination, please so state.

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.

Agreement_J.K. Miklin Inc. dba Yamada
Enterprises (Library Furniture)_FINAL_9.12.24_
updated
Final Audit Report 2024-09-16
Created: 2024-09-16
By: 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

Santa Ana City CouncilOctober 1, 2024

Santa Ana City Council
October 1, 2024