Agenda packet — Santa Ana City Council, November 19, 2024 (part 3 of 7)

EXHIBIT(S)

1. Draft Grant Agreement presented to Council on October 1, 2024

2. Final Grant Agreement
Submitted By: Robert Rodriguez, Acting Police Chief
Approved By: Alvaro Nuñez, City Manager
City Council 17 – 2 11/19/2024
9/10/2024 7:55:22 AM Page 1 of 19
State of California – Office of Traffic Safety

GRANT AGREEMENT

GRANT NUMBER
PT25066

1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)

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

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

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

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

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

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

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

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

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

TITLE:

EMAIL:

PHONE:

ADDRESS:

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

TITLE:

EMAIL:

PHONE:

ADDRESS:

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

TITLE:

EMAIL:

PHONE:

ADDRESS:

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

TITLE:

EMAIL:

PHONE:

ADDRESS:

Barbara Rooney
Director
[email protected]
(916) 509-3030
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
(Signature) (Date) (Signature) (Date)
Exhibit 1
City Council 1 – 3 11/1
/
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY'
NAME: Carolyn Vu
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758

9. SAM INFORMATION
SAM #: KZE9G2M4GRX9

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

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

PROJECTED

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

AGREEMENT
TOTAL $755,000.00

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

PRIOR AMOUNT ENCUMBERED FOR THIS

AGREEMENT
$ 0.00

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

JENNIFER L. HALL
City Clerk
RECOMMENDED FOR APPROV AL:

ROBERT RODRIGUEZ
Acting Chief of Police
APPROVED AS TO FORM:

SONIA R. CARVALHO
City Attorney
Senior Assistant City Attorney
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City Council 17 – 4 11/19/2024
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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule A

GRANT NUMBER
PT25066

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

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

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

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

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

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

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

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In 2023, despite ongoing efforts to curb impaired driving, our community faced a staggering 377 DUI arrests, including 5 alcohol-related fatal crashes, 74 alcohol-related injury crashes, 115 alcohol-related injury victims, 8 drug-involved fatal crashes, 21 drug-related involved injuries, 28 drug-related injuries, 4 combo injury crashes, and 7 combined injuries, highlighting the ongoing and sever impact of alcohol and drug impairment on public safety.

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

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

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

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

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

2. PERFORMANCE MEASURES
A. Goals:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

15. Reduce hit & run fatal crashes.

16. Reduce hit & run injury crashes.

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

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

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

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

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

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

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

12. Conduct Warrant Service operation(s) targeting multiple DUI offenders who fail to appear in court.
4 13. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
64 14. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
8 15. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers. 2 16. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 13 17. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
8 18. Conduct Know Your Limit campaigns with an effort to reach members of the community.
3 19. Participate in highly visible collaborative DUI Enforcement operations. 3 City Council 17 – 7 11/19/2024
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20. Participate in highly visible collaborative Traffic Enforcement operations. 4

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

Media Requirements:

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

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

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

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

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

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

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

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

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

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

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

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

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B

GRANT NUMBER
PT25066

FUND NUMBER CATALOG

NUMBER (CFDA)

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

COST CATEGORY FUND
NUMBER

UNIT COST OR
RATE

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

GRANT AGREEMENT
Schedule B-1

GRANT NUMBER
PT25066

BUDGET NARRATIVE

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

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

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

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

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

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

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

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

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

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

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

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

CONTRACTUAL SERVICES
-

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

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

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

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

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

INDIRECT COSTS
-

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

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

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Exhibit A

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance. City Council 17 – 16 11/19/2024 9/10/2024 7:55:22 AM Page 15 of 19
By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub-recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

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

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

1. The dangers of drug abuse in the workplace;

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

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

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

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

1. Abide by the terms of the statement;

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

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

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

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

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

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

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; City Council 17 – 17 11/19/2024
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2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;

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

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

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

INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES)

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

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

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

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

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

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

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

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or City Council 17 – 18 11/19/2024
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otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
(https://www.sam.gov/).

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

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

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS—

PRIMARY TIER COVERED TRANSACTIONS

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

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

INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION

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

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

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

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

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

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

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or City Council 17 – 19 11/19/2024
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otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).

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

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

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION—

LOWER TIER COVERED TRANSACTIONS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

City Council 17 – 21 11/19/2024
A-2024-156
State of California— Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT Q p D PT25066
k- ketyAl'yvvi

1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)

2. NAME OF AGENCY 3. Grant Period
Santa Ana From: 10/ 01/ 2024

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

6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $ 755, 000. 00

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

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

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

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

8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME: Joseph Marty ADDRESS: Alvaro Nunez
TITLE: Commander City Manager
EMAIL: jmarty@santa- ana.org anunez@santa-ana. org
PHONE: ( 714) 245- 8274 714) 647- 5200
ADDRESS: 60 Civic Center Plaza 60 Civic Center Plaza
PO Box 1981 PO Box 1981
Santa Ana, CA 92702 Santa Ana, CA 92702
Oct 2, 2024 Oct 8, 2024
Signature) Date) Signature) Date)
C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY ADDRESS: Alexander Trinidad ADDRESS: Barbara Rooney
Assistant Dir of Finance and Management Svcs( MM) Director atrinidad@santa- ana.org barbara. rooney@ots. ca.gov
714) 647-5295 916) 509- 3030
20 Civic Center Plaza 2208 Kausen Drive, Suite 300
PO Box 1981 Elk Grove, CA 95758
Santa Ana, CA 92702
ef-.r Oct 2, 2024 gn6i+'a. f Oct 8, 2024
Signature) Date) Signature) Date)
10/ 2/ 2024 9: 54:57 AM Page 1 of 22
EXHIBIT 2
City Council 17 – 22 11/19/2024
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu SAM#: KZE9G2M4GRX9
ADDRESS: 2208 Kausen Drive, Suite 300 REGISTERED
Elk Grove, CA 95758 ADDRESS: 20 Civic Center PLZ# 8
Ciiv: Santa Ana
ZiP+ 4: 92701- 4076

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

EXPENDITURES
402PT-25. 1 20.600 0521- 0890- 101 2023 12/ 23 BA/23 48,441. 00 164AL-25. 1 20.608 0521- 0890- 101 2023 12/ 23 BA/ 23 114, 105. 00 402PT-25 20. 600 0521- 0890- 101 2024 22/24 BA/ 24 176, 559.00 164AL-25 20.608 0521- 0890- 101 2024 22/ 24 BA/ 24 415,895.00

AGREEMENT
TOTAL 755,000.00

AMOUNT ENCUMBERED BY THIS DOCUMENT
755, 000.00
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget PRIOR AMOUNT ENCUMBERED FOR THIS year are available for the period and AGREEMENT purpose of the expenditure stated above.

0. 00

OTS ACCOUNTING OFFICER' S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE Oct 8, 2024 755,000.00
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.

ATTEST: RECOMMENDED FOR APPROVAL:

In
A ' I.1
gror J IFS.) . L e. ROBERT RODRIGUE
City Cl- . Acting Chief of Police
APPROVED A FORM:

SONIA R. CARVALHO
City Attorney
By:

TAM RA BOGOSIAN
Senior Assistant City Attorney
10/ 2/ 2024 9:City Council 54: 57 AM 17 – 23 11/19/2024 Page 2 of 22 State of California—Office of Traffic Safety GRANT NUMBER

GRANT AGREEMENT
Schedule A PT25066

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

In FY2025, we hope to reduce bicycle safety threats in the city by doing the following:

Issue and properly fitted helmets, distribute bicycle safety lights and reflective arm bands. These actions will reduce the number of bicyclists riding in the community without proper equipment, as well as make them more visible for drivers around them.

Distribution of the equipment occurs at schools, Teen Centers, City Parks, Apartment Complexes, Mobile Home Parks, Community Centers, as well as the Police Department.

Each year, the Santa Ana Police Department hosts city-wide special events where free bicycle parking is provided. During these events, community engagement personnel are able to contact those riders who may not have properly fit safety equipment and provide them with the resources they need. School Resource Officers and/or Probation Officers assist by distributing safety equipment to students and others.

Bicycle Safety Efforts have yielded the following thus far:

Events Conducted Q1 of FY2024: 11 / Individuals impacted: 3978 Helmets Distributed: 12
Wristbands Distributed: 438
Bike Lights Distributed: 438
The primary objective is to implement comprehensive measures aimed at enhancing overall traffic safety in the city of Santa Ana. This includes targeted interventions to alleviate congestion, improve infrastructure, implement advanced traffic management systems, address the issue of unlicensed drivers, and prioritize the safety of pedestrians and cyclists. However, another pressing issue the city of Santa Ana faces is the challenge of persisting impaired driving.
10/ 2/ 2024 9:City Council 54:57 AM 17 – 24 11/19/2024 Page 3 of 22 In 2023, despite ongoing efforts to curb impaired driving, our community faced a staggering 377 DUI arrests, including 5 alcohol- related fatal crashes, 74 alcohol-related injury crashes, 115 alcohol-related injury victims, 8 drug-involved fatal crashes, 21 drug- related involved injuries, 28 drug-related injuries, 4 combo injury crashes, and 7 combined injuries, highlighting the ongoing and sever impact of alcohol and drug impairment on public safety.

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

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

Expected Outcomes:

Reduction in Traffic Crashes: Implementing evidence-based traffic safety measures to significantly reduce the number of crashes at identified hotspots. This includes high visibility enforcement activities such as DUI Saturation, DUI/ DL Checkpoints, among others.

Addressing Unlicensed Drivers: Implementing strategies to identify and address the issue of unlicensed drivers through education and enforcement; thereby, reducing the risk of crashes caused by individuals without valid driving credentials.

Enhanced Pedestrian and Cyclist Safety: Implementing awareness campaigns and safety equipment distribution to ensure the safety of pedestrians and cyclists on city streets.

Community Engagement: Establishing community outreach programs to educate residents and commuters about the importance of traffic safety and garnering their support for sustainable, longterm changes.

2. PERFORMANCE MEASURES
A. Goals:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

15. Reduce hit & run fatal crashes.

16. Reduce hit & run injury crashes.

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

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

B. Objectives: Target Number

1. Issue a press release announcing the kick-off of the grant by November 15. The 1 kick-off press releases and media advisories, alerts, and materials must be 10/ 2/ 2024 9:City Council 54:57 AM 17 – 25 11/19/2024 Page 4 of 22 emailed to the OTS Public Information Officer at pio@ots. ca.gov, and copied to your OTS Coordinator, for approval 7 days prior to the issuance date of the release.

2. Distribute and properly fit bicycle helmets at no cost to community members in 125 need, at bicycle rodeos, schools, workshops, and community events.

3. Purchase bicycle helmets. 125

4. Participate and report data ( as required) in the following campaigns; Quarter 1: 12 National Pedestrian Safety Month, National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: National Speed Prevention Campaigns, NHTSA Summer Mobilization, National Child Passenger Safety Week, and California' s Pedestrian Safety Month.

5. Develop (by December 31) and/or maintain a " DUI BOLO" program to notify patrol 12 and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly.

6. Send law enforcement personnel to the NHTSA Standardized Field Sobriety 4 Testing ( SFST)( minimum 16 hours) POST- certified training.

7. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired 2 Driving Enforcement (ARIDE) 16 hour POST-certified training.

8. Send law enforcement personnel to the Drug Recognition Expert( DRE) training 2 classroom and field training must be completed).

9. Send law enforcement personnel to the DRE Recertification training. 2

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

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

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

13. Conduct DUI Saturation Patrol operation(s). 66

14. Conduct Warrant Service operation( s) targeting multiple DUI offenders who fail to 4 appear in court.

15. Conduct Traffic Enforcement operation(s), including but not limited to, primary 64 crash factor violations.

16. Conduct highly publicized Distracted Driving enforcement operation( s) targeting 8 drivers using hand held cell phones and texting.

17. Conduct highly publicized Motorcycle Safety enforcement operation( s) in areas or 2 during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers.

18. Conduct highly publicized pedestrian and/ or bicycle enforcement operation(s) in 13 areas or during events with a high number of pedestrian and/ or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers.

19. Conduct Traffic Safety educational presentation(s) with an effort to reach 8 community members. Note: Presentation( s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.

20. Conduct Know Your Limit campaigns with an effort to reach members of the 3 community.
10/ 2/ 2024 9: City Council 54:57 AM 17 – 26 11/19/2024 Page 5 of 22

21. Participate in highly visible collaborative DUI Enforcement operations. 4

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

23. Send law enforcement personnel to DUI Checkpoint Planning and Management 1 training.

24. Conduct specialized enforcement operations focusing specifically on street racing 9 and sideshow activities.

25. Send law enforcement personnel to a POST certified implicit bias training, such 20 as; Implicit Bias and Community Policing, Principles Policing, or Beyond Bias.

3. METHOD OF PROCEDURE
A. Phase 1 — Program Preparation ( 1st Quarter of Grant Year) The department will develop operational plans to implement the "best practice" strategies outlined in the objectives section.

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

All grant related purchases needed to implement the program should be made in the first quarter.

In order to develop/maintain the " DUI BOLOs," research will be conducted to identify the "worst of the worst" repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The DUI BOLO may include the driver' s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly.

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

Media Requirements:

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

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

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

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

Send all Powerpoint presentations, online presentations and trainings for grant-related activities to the OTS PIO at pio@ots. ca. gov for approval and copy your OTS grant coordinator. Certified training courses are EXEMPT from the approval process.

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

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

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

If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at pio(cr ots. ca. gov for approval and copy to your OTS grant coordinator. Optimum lead time would be 7 days prior to the 10/ 2/ 2024 City Council 9: 54:57 AM 17 – 27 11/19/2024 Page 6 of 22 scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.

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

Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at pioots.ca.qov and your OTS grant coordinator with embargoed date and time or with " INTERNAL ONLY: DO NOT RELEASE" message in subject line of email.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
10/ 2/ 2024 9: City Council 54:57 AM 17 – 28 11/19/2024 Page 7 of 22 Collect, analyze and report statistical data relating to the grant goals and objectives.

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

5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.
10/2/ 2024 City Council 9: 54:57 AM 17 – 29 11/19/2024 Page 8 of 22 State of California—Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT Schedule B PT25066

FUND NUMBER CATALOG FUND DESCRIPTION TOTAL AMOUNT

NUMBER( CFDA)
402PT-25 20.600 State and Community Highway 225, 000.00 Safety
164AL-25 20.608 Minimum Penalties for Repeat 530, 000.00 Offenders for Driving While
Intoxicated

COST CATEGORY FUND UNIT COST OR UNITS TOTAL COST TO

NUMBER RATE GRANT
A. PERSONNEL COSTS
Straight Time
Overtime

0.00 DUI/ DL Checkpoints 164AL-25 13,000. 00 10 130,000.00 DUI Saturation Patrols 164AL-25 5,000.00 66 330,000.00
Warrant Service Operations 164AL-25 2, 450. 00 4 9, 800.00 Collaborative DUI Enforcement 164AL-25 1, 650.00 4 6,600.00 Know Your Limit 164AL- 25 1, 445. 00 3 4,335.00
Traffic Enforcement 402PT-25 2, 000.00 64 128, 000. 00_ Distracted Driving 402PT-25 1, 700.00 8 13,600.00
Motorcycle Safety 402PT-25 1, 750.00 2 3,500. 00
Pedestrian and Bicycle Enforcement 402PT-25 2, 000.00 13 26,000. 00 Street Racing and Sideshow Enforcement 402PT-25 3,630. 00 9 32, 670.00 Operations
Collaborative Traffic Enforcement 402PT-25 1, 500.00 4 6,000.00 Traffic Safety Educational Presentations 402PT-25 850.00 8 6,800. 00 Category Sub-Total 697,305.00
B. TRAVEL EXPENSES
In State Travel 402PT-25 4, 955.00 1 4, 955.00

0. 00
Category Sub-Total 4,955. 00
C. CONTRACTUAL SERVICES

0. 00
Category Sub-Total 0. 00
D. EQUIPMENT
DUI Trailer 164AL- 25 45,000. 00 1 45,000. 00
Category Sub-Total 45,000.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies 164AL-25 4,265. 00 1 4,265.00
BBBcIe Helmets 402PT-25 15. 00 125 1, 875.00
Pedestrian/ Bicycle Safety Items 402PT-25 1, 600.00 1 1, 600. 00 Category Sub-Total 7,740.00
F. INDIRECT COSTS

0. 00
Category Sub-Total 0.00
GRANT TOTAL 755,000. 00
10/ 2/2024 9: 54:57 AM City Council 17 – 30 11/19/2024 Page 9 of 22 10/ 2/ 2024 City Council 9: 54:57 AM 17 – 31 11/19/2024 Page 10 of 22 State of California—Office of Traffic Safety GRANT NUMBER

GRANT AGREEMENT
PT25066 Schedule B- 1

BUDGET NARRATIVE

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

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

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

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

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

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

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

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

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

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

CONTRACTUAL SERVICES

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

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

Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. Each item must have a unit cost of less than $ 5,000 ( including tax and shipping). 10/2/ 2024 City Council 9:54:57 AM 17 – 32 11/19/2024 Page 11 of 22 Bicycle Helmets - Helmets to be distributed at no cost during bicycle rodeos and other bicycle safety related events. Cost per helmet not to exceed an average price of$ 15, including shipping, handling and tax. More expensive helmets may be purchased if approved by OTS.

Pedestrian/ Bicycle Safety Items - Cost may include bicycle headlights/taillights, reflectors, and reflective items such as arm and leg bands, tape, or zipper pulls; to be distributed at no cost during bicycle rodeos, on-foot pedestrian trainings, presentations, workshops, community events and other pedestrian or bicycle traffic safety related events to increase safety and visibility. Additional items may be purchased if approved by OTS.

INDIRECT COSTS

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

Nothing in this "agreement" shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.
10/2/2024 9:City Council 54:57 AM 17 – 33 11/19/2024 Page 12 of 22 State of California— Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT PT25066
Exhibit A
Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants( 23 U. S. C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117- 58) The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following:

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

NONDISCRIMINATION
applies to all subrecipients as well as States)
The State highway safety agency[ and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination(" Federal Nondiscrimination Authorities"). These include but are not limited to:

Title VI ofthe Civil Rights Act of1964( 42 U.S. C. 2000d et seq., 78 stat. 252),( prohibits discrimination on the basis ofrace, color, national origin);
49 CFR part 21 ( entitled Non-discrimination in Federally-Assisted Programs of the Department of Transportation— Effectuation of Title VI ofthe Civil Rights Act of1964); 28 CFR 50.3( U.S. Department of Justice Guidelines for Enforcement ofTitle VI of the Civil Rights Act of 1964); The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, ( 42 U.S. C. 4601),( prohibits unfair treatment ofpersons displaced or whose property has been acquired because ofFederal or Federal-aid programs and projects); Federal-Aid Highway Act of1973, ( 23 U.S.C. 324 et seq), and Title IX ofthe Education Amendments of1972, as amended 20 U.S. C. 1681- 1683 and 1685- 1686)( prohibit discrimination on the basis of sex); Section 504 ofthe Rehabilitation Act of1973, ( 29 U.S. C. 794 et seq.), as amended,( prohibits discrimination on the basis of disability) and 49 CFR part 27;
The Age Discrimination Act of1975, as amended,( 42 U.S. C. 6101 et seq.),( prohibits discrimination on the basis of age);
The Civil Rights Restoration Act of 1987,( Pub. L. 100-209),( broadens scope, coverage, and applicability ofTitle VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms" programs or activities" to include all ofthe programs or activities ofthe Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally-funded or not); Titles II and III of the Americans with Disabilities Act( 42 U.S. C. 12131- 12189)( prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38;
Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations( preventing discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations);
Executive Order 13166, Improving Access to Servicesfor Persons with Limited English Proficiency( requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency( LEP));
Executive Order 13985, Advancing Racial Equity and Supportfor Underserved Communities through the Federal Government( advancing equity across the Federal Government); and Executive Order 13988, Preventing and Combating Discrimination on the Basis ofGender Identity or Sexual Orientation( clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation).

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

GENERAL ASSURANCES
10/2/ 2024 City Council 9: 54:57 AM 17 – 34 11/19/2024 Page 13 of 22 In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:

No person in the United States shall, on the grounds ofrace, color, or national origin, be excludedfrom participation in, be denied the benefits of or be otherwise subjected to discrimination under any program or activity,for which the Recipient receives Federal financial assistance from DOT, including NHTSA."
The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of 1964 and other non- discrimination requirements( the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional- wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.

1. The Recipient agrees that each" activity,"" facility," or" program," as defined in§ 2 1. 23( b) and ( c) of 49 CFR part 21 will be( with regard to an" activity") facilitated, or will be( with regard to a" facility") operated, or will be( with regard to a" program") conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.

The[ name ofRecipient], in accordance with the provisions ofTitle VI ofthe Civil Rights Act of1964( 78 Stat. 252, 42 U.S.0 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be affordedfull andfair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds ofrace, color, or national origin in considerationfor an award."

3. The Recipient will insert the clauses of appendix A and E of this Assurance( also referred to as DOT Order I O5O. 2A) in every contract or agreement subject to the Acts and the Regulations.

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

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

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

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

By signing this ASSURANCE, the State highway safety agency also agrees to comply( and require any sub- recipients, sub- grantees, contractors, successors, transferees, and/ or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff.You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review 10/2/ 2024 9: City Council 54:57 AM 17 – 35 11/19/2024 Page 14 of 22 upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

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

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

1. The dangers of drug abuse in the workplace;

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

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

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

5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph( a);
c. Notifying the employee in the statement required by paragraph( a) that, as a condition of employment under the grant, the employee will1. Abide by the terms of the statement;

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction;
d. Notifying the agency within ten days after receiving notice under subparagraph( c)( 2) from an employee or otherwise receiving actual notice of such conviction;
e. Taking one of the following actions, within 30 days ofreceiving notice under subparagraph( c)( 2), with respect to any employee who is so convicted1. Taking appropriate personnel action against such an employee, up to and including termination;

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

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

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

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

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

3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers( including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 10/ 2/ 2024 9:City Council 54:57 AM 17 – 36 11/19/2024 Page 15 of 22 This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$ 10, 000 and not more than$ 100, 000 for each such failure.

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

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

INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION( STATES)

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

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

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

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website https:// www.sam.2ov/).

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9. 4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS—

PRIMARY TIER COVERED TRANSACTIONS
10/ 2/ 2024 City Council 9: 54:57 AM 17 – 37 11/19/2024 Page 16 of 22

1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; b. Have not within a three- year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public( Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction ofrecords, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity( Federal, State, or local) with commission of any of the offenses enumerated in paragraph( 1)( b) of this certification; and
d. Have not within a three-year period preceding this application/ proposal had one or more public transactions Federal, State, or local) terminated for cause or default. 2, Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.

INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION

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

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9. 4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

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

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

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9. 4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION—

LOWER TIER COVERED TRANSACTIONS
The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.
10/ 2/ 2024 9:City Council 54: 57 AM 17 – 38 11/19/2024 Page 17 of 22

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

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

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

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

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

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

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

PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U. S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. 10/2/ 2024 9: City Council 54:57 AM 17 – 39 11/19/2024 Page 18 of 22

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

POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902. 10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving companyowned or rented vehicles, Government- owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re- evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving. 10/2/ 2024 9: 54:57 AM City Council Page 19 of 22 17 – 40 11/19/2024 State of California—Office of Traffic Safety GRANT NUMBER OTS- 55 Grant Electronic Management System (GEMS) Access PT25066 Exhibit C

INSTRUCTIONS FOR ADDING OR UPDATING GEMS USERS

1. Each agency is allowed a total of FIVE ( 5) GEMS Users.

2. GEMS Users listed on this form will be authorized to login to GEMS to complete and submit Quarterly Performance Reports (QPRs) and reimbursement claims.

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

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

GRANT DETAILS
Grant Number PT25066
Agency Name: Santa Ana Police Department
Grant Title: Selective Traffic Enforcement Program (STEP) Agreement Total: 755, 000. 00
Authorizing Official: Alvaro Nunez
Fiscal Official: Alexander Trinidad
Grant Director: Joseph Marty

CURRENT GEMS USER(S)

1. Sarah Ro
Title: Accounting Manager Media Contact: No
Phone: ( 714) 647- 5437
Email: sro@santa-ana. org

2. Alexander Trinidad
Title: Assistant Dir of Finance and Management Svcs( MM) Media Contact: No Phone: ( 714) 647-5295
Email: atrinidad@santa-ana. org

3. Kelvin Catlin
Title: Police Officer Media Contact: No
Phone: ( 714) 245- 8200
Email: [email protected]

4. Leo Martinez
Title: Management Analyst Media Contact: No
Phone: ( 714) 245- 8405
Email: [email protected]

5. Joseph Marty
Title: Commander Media Contact: No
Phone: ( 714) 245- 8274
Email: jmarty@santa- ana.org

6. Richard Shin
Title: Sergeant Media Contact: Yes
Phone: ( 714) 245- 8294
Email: rshin@santa- ana. org

7. Tram Tran
Title: PIT Office Assistant Media Contact: No
Phone: ( 714) 245- 8200
10/2/2024 9: City Council 54:57 AM 17 – 41 11/19/2024 Page 20 of 22 Email: ttranl0@santa-ana. org
10/2/ 2024 9:City Council 54:57 AM 17 – 42 11/19/2024 Page 21 of 22 Complete the below information if adding, removing or editing a GEMS user( s) GEMS User 1 Add as a media contact? Yes n Non Add/ Change Remove Access Name Job Title
Email address Phone number
GEMS User 2 Add as a media contact? Yes No n
Add/ Change n Remove Access n
Name Job Title
Email address Phone number
GEMS User 3 Add as a media contact? Yes n No
Add/ Change n Remove Access
Name Job Title
Email address Phone number
GEMS User 4 Add as a media contact? Yes No
Add/ Change n Remove Access n
Name Job Title
Email address Phone number
GEMS User 5 Add as a media contact? Yes I I No n
Add/ Change Remove Access
Name Job Title
Email address Phone number
Form completed by: ;„ « h1h Date: Oct 2, 2024
As a signatory I hereby authorize the listed individual( s) to represent and have GEMS user access.

Joseph Marty
Signature Name
Oct 2, 2024 Grant Director
Date Title
10/ 2/ 2024 City Council 9: 54: 57 AM 17 – 43 11/19/2024 Page 22 of 22 Grant Agreement - PT25066
Final Audit Report 2024- 10- 08
Created: 2024- 10- 02
By: Thuy Marshall( Thuy.Marshall@ots. ca.gov)
Status: Signed
Transaction ID: CBJCHBCAABAAATwYeOgoacxYfYl0- p_RI2gLr4T3xK4d Grant Agreement - PT25066" History
Document created by Thuy Marshall ( [email protected]) 2024- 10- 02- 4: 55: 16 PM GMT
Document emailed to rshin@santa- ana.org for signature
2024- 10-02- 4:55:27 PM GMT
11 Email viewed by rshin@santa- ana.org
2024- 10- 02- 6:29:45 PM GMT
A} Signer rshin@santa- ana. org entered name at signing as Richard Shin 2024- 10- 02- 6:41: 04 PM GMT
o Document e- signed by Richard Shin ( rshin@santa-ana. org) Signature Date: 2024- 10- 02- 6:41: 06 PM GMT- Time Source: server Document emailed to Joseph Marty (jmarty@santa-ana. org) for signature 2024- 10- 02- 6:41: 09 PM GMT
Email viewed by Joseph Marty (jmarty@santa- ana.org)
2024- 10- 02- 7:41: 23 PM GMT
Document e-signed by Joseph Marty( jmarty@santa- ana.org) Signature Date: 2024- 10- 02- 7:42:23 PM GMT- Time Source: server Document emailed to Alexander Trinidad (atrinidad@santa- ana. org) for signature 2024- 10- 02- 7:42:25 PM GMT
J Email viewed by Alexander Trinidad (atrinidad@santa- ana.org) 2024- 10-02- 8:21: 06 PM GMT
Document e- signed by Alexander Trinidad ( atrinidad@santa- ana.org) Signature Date: 2024- 10- 02- 10: 20:48 PM GMT- Time Source: server Vl Powered by

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City Council 17 – 44 11/19/2024
i.=_, Document emailed to Alvaro Nunez( anunez@santa-ana. org) for signature 2024- 10- 02- 10:20:50 PM GMT
1 Email viewed by Alvaro Nunez( [email protected])
2024- 10- 08- 8: 45:03 PM GMT
At Signer Alvaro Nunez( anunez@santa- ana.org) entered name at signing as Alvaro Nunez 2024- 10- 08- 8:46: 14 PM GMT
Ao Document e- signed by Alvaro Nunez (anunez@santa- ana. org) Signature Date: 2024- 10- 08- 8: 46: 16 PM GMT- Time Source: server f Document emailed to Carolyn Vu ( Carolyn.Vu@ots. ca.gov) for signature 2024- 10- 08- 8:46: 19 PM GMT
Email viewed by Carolyn Vu ( [email protected]. gov)
2024- 10- 08- 8: 51: 08 PM GMT
do Document e- signed by Carolyn Vu ( Carolyn. [email protected]. gov) Signature Date: 2024- 10- 08- 8: 52:48 PM GMT- Time Source: server i Document emailed to Barbara Rooney ( barbara.rooney@ots. ca.gov) for signature 2024- 10- 08- 8: 52: 52 PM GMT
7 Email viewed by Barbara Rooney ( barbara. rooney@ots. ca.gov) 2024- 10- 08- 10: 24: 56 PM GMT
Jo. Document e-signed by Barbara Rooney ( barbara.rooney@ots. ca. gov) Signature Date: 2024- 10- 08- 10:25: 07 PM GMT- Time Source: server O Agreement completed.
2024- 10- 08- 10:25:07 PM GMT
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City Council 17 – 45 11/19/2024
Police Department
www.santa-ana.org/police
Item # 18
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 19, 2024
TOPIC: Urban Area Security Initiative Grant Training Agreements

AGENDA TITLE
Agreements with Elite Command Training Corporation, Utility Response Training Associates, LLC, and SenseMakers, LLC to Provide Training Services for the Urban Area Security Initiative Grant Program FY2022 - FY2026 (Specification Nos. 23-187A, 23-188A, 23-189A) (Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute three-year agreements, with two, one-year renewal options, with the following three vendors to provide on-going training deliverables to the Anaheim/Santa Ana Urban Area on an as-needed basis, for the three-year period of November 19, 2024 through November 18, 2027 with two optional one-year renewals, in an aggregate amount not to exceed $270,444 (Core Agreement No. A-2024-XXX):
• Elite Command Training Corporation – total amount not to exceed $83,112; • Utility Response Training Associates, LLC – total amount not to exceed $62,982; • SenseMakers, LLC – total amount not to exceed $124,350 GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
The United States Department of Homeland Security has developed the Urban Areas Security Initiative (UASI) grant funding program. UASI is designed to address the unique planning, equipment, training, and exercise needs of high-threat, high-density urban areas and provides funds to local emergency first responders that assist in building an enhanced and sustainable capacity to prevent, protect, respond to, mitigate and recover from acts of terrorism. The grant specifically provides funding for antiterrorism equipment, planning, training, exercises, and technical assistance. Santa Ana has been designated as an Urban Area Core City since 2003. As such, for selected grant years, Santa Ana is the fiduciary for the region and manages projects, which City Council 18 – 1 11/19/2024
Urban Area Security Initiative Grant Training Agreements November 19, 2024

Page 2 ends

includes providing training and procuring equipment utilized by the 34 jurisdictions in Orange County.

In an effort to address the unique needs of a high-density, high-threat urban area, the Anaheim/ Santa Ana Urban Area (ASAUA) allocates a set percentage of its annual grant allocation to fund training for the Orange County region. With program management from the Santa Ana Police Department Homeland Security Division, the ASAUA Homeland Security Regional Training Program is designed to provide the ASAUA multi-disciplinary stakeholders with regional training necessary to meet the goals and objectives set forth in the ASAUA's homeland security strategy and target capabilities identified in the Threat and Hazard Identification and Risk Assessment (THIRA). The goal of these agreements is to enhance the capabilities of the current program by providing access to a wide range of multi-disciplinary training in support of a comprehensive and regional approach.

On December 18, 2023 the Police Department issued three (3) Requests for Proposals (RFP #23-187A, #23-188A, and #23-189A) on the City’s online bid management and publication system to identify and qualify suitable vendors capable of delivering a broad choice of homeland security related training courses taught by subject matter experts and/or recognized professionals in the fields of fire, public health, and emergency management.

A summary of the proposals and offers received is as follows:
1,517 Vendors were notified
0 Santa Ana vendors notified
51 Vendors downloaded the RFP
15 Proposals received
0 Proposals received from a Santa Ana vendor
Proposals were opened on January 11, 2024 and evaluated. An evaluation team reviewed and rated all proposals received to determine if necessary qualifications were met. The proposals were evaluated and scored according to criteria identified within the RFP, including Responsiveness to RFP (15%), Experience of Firm and Personnel (50%), Reasonableness of Cost (25%), and References (10%).

Of the 15 proposals received, all 15 were determined to be responsive and qualified based on their response to the specifications and requirements identified by the City.

After the evaluation process, the Santa Ana Police Department Homeland Security Division determined that the following vendors best met the City’s specifications, demonstrated vast experience working with similar-sized California public agencies, and would be best suited to provide training courses on an as-needed basis:

City Council 18 – 2 11/19/2024
Urban Area Security Initiative Grant Training Agreements November 19, 2024

Page 3 ends

RFP Vendor Training Courses Location No. of
Courses
Total
Amount
#23-
187A
Elite Command
Training
Corporation
ICS-300
Intermediate
Incident Command
System (ICS)
Nine Mile
Falls, WA 8 $ 83,112
#23-
188A
Utility Response
Training
Associates, LLC
ICS-400 Advanced
Incident Command
System (ICS)
Oak
View, CA 8 $ 62,982
#23-
189A
SenseMakers,
LLC
G-611 Series
EOC/Position
Specific Training
Course
Anaheim,
CA 3 $124,350
The addition of Elite Command Training Corporation, Utility Response Training Associates, LLC, and SenseMakers, LLC as vendors will support the Homeland Security Training Program to enhance capabilities across multiple disciplines and jurisdictions. Therefore, staff recommends awarding the agreements (Exhibits 1 – 3).

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

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

Fiscal
Year
Accounting Unit
– Account No.

Fund
Description
Accounting Unit –
Account No.

Description
Amount
FY 24-25 12514491-62300 OES UASI
UASI Anaheim,
Contract ServicesProfessional$ 96,235
FY 25-26 125144xx-62300 OES UASI
UASI, Contract
ServicesProfessional$ 96,235
FY 26-27 125144xx-62300 OES UASI
UASI, Contract
ServicesProfessional$ 77,974
Total $270,444
*Note: Amount rounded up or down to nearest dollar to equal maximum not to exceed total for all three agreements.

City Council 18 – 3 11/19/2024
Urban Area Security Initiative Grant Training Agreements November 19, 2024

Page 4 ends

The expenditure amount listed above is an estimate based upon the Anaheim/Santa Ana UASI projects projection for grant years FY22, FY23, and FY24, and if the agreement is extended, for FY25 and FY26. The account number may change in the future to no.12514407-62300, depending upon which UASI grant FY funds are used for these specific training projects. All are subject to future grant approval.

EXHIBIT(S)

1. Agreement with Elite Command Training Corporation (ICS-300)

2. Agreement with Utility Response Training Associates (ICS-400)

3. Agreement with SenseMakers (G-611)
Submitted By: Robert Rodriguez, Acting Police Chief
Approved By: Alvaro Nuñez, City Manager
City Council 18 – 4 11/19/2024

AGREEMENT WITH ELITE COMMAND TRAINING CORPORATION AND

CITY OF SANTA ANA TO PROVIDE ASAUA/UASI TRAINING
THIS AGREEMENT is made and entered into on this 19' day of November , 2024, by and between Elite Command Training Corporation ("Contractor"), and the City of Santa Aria, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City").

RECIT ALS
A. On Decemberl8, 2023, the City issued Request for ProposalsNo. 23-1 87A (RFP), by which it sought proposals from qualified firms and organizations to provide ICS-300 Inteimediate Incident Command System (ICS) course of instruction, on behalf of the Anaheirn/Santa Aria Urban Area (ASAUA). Tliis program is designed to provide the ASAUA's stakeliolders with the regional training and exercises necessary to meet the goals and objectives set forth in the ASAUA's Homeland Security Strategy
B. The United States Department of Homeland Security, Federal Emergency Management Agency, has developed ASAUA to enhance the domestic preparedness of urban areas by ensuring that first responders have adequate and appropriate equipment and training to prevent, respond to, and recover from acts of terrorism. ASAUA allocates a set percentage of its annual United States Department of Homeland Security's Urban Areas Security Initiative (UASI) grant allocations to fund training and exercises. Training courses and exercises requested through the ASAUA Homeland Security Regional Training and Exercise Program will be paid in part or in full with funding from the United States Department of Homeland Security's Urban Areas Security Initiative (UASI) grant. Funding from this grant is applied to homeland security related training, exercises, equipment, and projects in the ASAUA.

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

D. In undeitaking 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 consulting firm in the field.

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

1. SCOPE OF SERVICES
On an on-call basis Contractor shall perfomi during the term of tis Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, provided in the RFP, attached hereto and incorporated by reference.

EXHIBIT 1
City Council 18 – 5 11/19/2024

2. COMPENSATION
a. Contractor shall be paid only for actual services perfoimed under this Agreement at the rates identified in Contractor's Cost Proposal - Exhibit B. The cost per course delivery is $10,389. The cost for eight courses and the total amount to be expended during the teim of this Agreement shall not exceed $83,112. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work perfornned, 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 Autliorization 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.

Payment need not be made for work wich fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.

3. TERM
This Agreement shall commence on the date first written above for an initial three (3) year teim with the option for the City to grant up to two (2), one (l)-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless teiminated earlier in accordance with Section 17, below.

4. PREY AILING 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"), whicli require tlie payment of prevailing wage rates and tlie performance of other requirements on "public works" and "maintenance" projects. If the services being performed are patt 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 MATERIAI,S
Tis 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 tliis Agreei'nent ("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 tight to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data wMch were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by tliis Agreement shall be at City's sole risk.

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

MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Sei'vices Office Form CG 00 01covering CGL on an "occurrence" basis, including products and completed operations, propeity damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies.

2. Automobile Liability (AI,): Insurance Services Office Fortn CA 00 01 covering Code l (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance.

3. Workers' Compensation (W/C): as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance.

4. Professional Liability Insurance (PL): with limits no less than $2,000,000 per occurrence or claim, and $4,000,000 aggregate.

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If Contractor maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Where the policy limits are greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference in to the Agreement.

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

1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Contractor's CGL, PL, and AL policies, witli respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations.

2. Contractor and it's Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of the CGL, AL, PL, and W/C policies, arising from work performed by Contractor under this Agreement.

3. For any claims related to this contract, Contractor's insurance coverage sliall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it.

4. A severability of interest provision must apply for all the additional insureds, ensuring that Contractor's insurance shall apply separately to eacli insured against wliom a claim is made or suit is brought, except with respect to the insurer's limits of liability.

5. Insurance policies required 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 of premium.

6. Ceitificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: City Attorney's Office, 20 Civic Center Plaza, Santa Ana, CA 92701.

The name and location of project must be included in the Description of Operations section of each ceitificate.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

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

Verification of Coverage
Contractor shall furnish City with original Ceitificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required City Council 18 – 8 11/19/2024
by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Contractor's obligation to provide tliem.

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

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 haimless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for propeity damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the setavices described in section l 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 teims of or effects arising from this Agreement. This indemnity and hold haimless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in tis Section or by reason of the teims of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harnnless, 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 tird paity challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or propeity rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, peitain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.

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

10. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer peiiod required by City Council 18 – 9 11/19/2024
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 infoimation 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 infoimation except in the perfortnance of this Agreement, and futther 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 infoimation includes not only written infoimation, but also infoxmation transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiaiy and/or agent of the other paity is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any infornnation 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 law; or (e) is independently developed by the Contractor without reference to infoimation disclosed by the City.

12. CERTIFICATIONS
The funds used to pay for tis Agreement will be paitly comprised of federal grant funds.

Consultant agrees and understands that it will comply with the teims of the Ceitifications attached hereto as Attachment A-Proposer's Ceitification, Proposal Pricing, Attachment B-References, Attachment C-Proposer's Statement, Attachment D-Non-Collusion Affidavit, Attachment ENon-Lobbying Certification, Attachment F-Non-Discrimination Certification, Attachment GSAM.GOV EUI Verification, Attachment H-Ceitification Regarding Debaiment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions, incorporated by reference into this Agreement. Contractor may be referenced as Consultant, Participant or Proposer in Attachments A-H. Contractor shall keep itself informed of all City, State and Federal laws and regulations which may, in any manner, affect the performance of it services pursuant to this Agreement. Contractor shall at all times, observe and comply with all such laws and regulations.

City and its officers and employees shall not be liable at law or in equity by reason of the failure of the Consultant to comply with this paragraph.

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

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14. NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, maiital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic infornnation, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the reciuitment, selection, teaching, training, utilization, promotion, ternnination 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.

15. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachtnents 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 ternns and conditions hereof, shall not bind or obligate Contractor or the City. Each paity to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any paity, or anyone acting on behalf of any paity, which is not embodied herein.

16. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Noting in this Agreement shall be construed to limit tlie City's ability to liave any of the services whicli are tlie subject to this Agreement performed by City personnel or by other Contractors retained by City.

17. TERMINATION
This Agreement may be teiminated by the City upon thiity (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 perfoimed by Contractor prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the propeity of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate.

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b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.

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

19. JURISDICTION - VENUE
Tis Agreement has been executed and delivered in the State of Califoiia 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 Califoiia. Both parties fiuther agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in coru'iection with or by reason of tis Agreement.

20. PROFESSIONAL LICENSES
Contractor shall, throughout the teim 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 Califoinia, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in wiiting 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. FEDERAI, REGULATIONS
Elite Command Training Corporation shall comply with all applicable contractual provisions required by the United States Office of Management and Budget (OMB), as set for the in 2 CRF Pait 200, whether or not expressly set foith in this document, including but not limited to those provisions set foith below. Notwithstanding, anything to the contrary herein, including without limitation , the language in this Agreement, the actual language contained in federal statutes, federal regulations, federally promulgated materials and state statutes, shall control in determining any obligations under federal law in the event of a conflict with any teims, language or provisions contained in this Agreement. Elite Cornrnand Training Corporation shall not perfoim any act, fail to perfoim any act, or refuse to comply with any requests, which would cause City to be in violation of the federal teims and conditions.
a. Federal Regulations - Recipient must comply with the government cost principles, uniform administrative requirements and audit requirements for federal grant program housed within Title 2, Part 180 of the Code of Federal Regulations.

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b. Debaiment and Suspension - As required by Executive Orders 12549 and 12689, and 2 CFR §200.214 and codified in 2 CFR Part 200, Recipient must provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed iiresponsible in their dealings with the Federal governrnent.
c. Audit Records - With respect to all matters covered by this agreement all records shall be made available for audit and inspection by CITY, the grant agency and/or their duly authorized representatives for a period of three (3) years from the date of submission of the final expenditure report by the City of Santa Aria. For a period of tmee years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Recipient shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Recipient shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Recipient, upon request during usual working hours.
d. Repoits - Recipient shall provide to City all records and infoimation requested by City for inclusion in quarterly repoits and such other reports or records as City may be required to provide to the agency from which City received grant funds or other persons or agencies. e. Section 504 of the Rehabilitation Act of 1973 (Handicapped) - All recipients of federal fiinds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the paiticipation in, be denied the benefits of or be subject to disciimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The Recipient agrees it will ensure that requirements of The Act shall be included in the agreements with and be binding on all of its contractors, subcontractors, assignees or successors.
f. Americans with Disabilities Act of 1990 - (ADA) Recipient must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. g. Political Activity - None of the funds, materials, propeity, or sei'vices provided directly or indirectly under this agreement shall be used for any partisan political activity, or to fiirther the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act".
h. No Lobbying - Recipient will comply with all applicable lobbying prohibitions and laws, including those found in the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352, et seq.), and agrees that none of the funds provided under this award may be expended by the Recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action concerning the award or renewal of any federal contract, grant, loan, or cooperative agreement.

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i. Non-Discrimination and Equal Oppoitunity - Recipient will comply, and all its contractors (or subrecipients) will comply, with Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975, as amended; Drug Abuse Office and Treatment Act of 1972, as amended; Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended; Section 523 and 527 of the Public Health Service Act of 1912, as amended; Title VIII of the Civil Rights Act of 1968, as amended; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a Federal or State court, Federal or State administrative agency, or the Recipient makes a finding of disciimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the Recipient will forward a copy of the findings to CITY which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. If applicable, recipient will comply with the equal opportunity clause in 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375.
j. Equal Employment Opportunity - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Executive Order 11246 of September 24, 1965, entitled "Equal Ei'nployment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Depaitment of Labor regulations (41 CFR chapter 60), as applicable.
k. Public Contracts Code - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the California Public Contract Code Section 10295.3, as applicable.

1. Copeland "Anti-Kickback" Act - Recipient will comply, and all its contractors (or subrecipients) will comply, witli all requirements of tlie Copeland "Anti-Kickback" Act (40 U.S.C. 3145) as supplemented in Department of Labor regulations (29 CFR Part 3), as applicable. m. David-Bacon Act - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Davis-Bacon Act (40 U.S.C. 3141-3144 and 3146-3148) as supplemented by Depaitment of Labor regulations (29 CFR Part 5), as applicable. n. Work Hours and Safety - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3702 and 3704) as supplemented by Department of Labor regulations (29 CFR Pait 5), as applicable.
o. Clean Air Act - Recipient will comply, and all its contractors (or subrecipients) will comply, with all applicable standards, orders or requirements issued under the Clean Air Act (42 U.S.C. 7401-7671q), and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as applicable.

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p. Energy and Conservation - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Energy Policy and Conservation Act (42 U.S.C. 6201), as applicable.
q. Waste Disposal - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as applicable. r. Patent Rights - Recipient agrees that the Depaitment of Homeland Security shall have the authority to seek patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement based on the requirements of 37 CFR§ 401 and any other implementing regulations, as applicable.
s. Copyright - Recipient may copyright any books, publications or other copyrightable materials developed in the course of or under this Agreement. However, the federal awarding agency, State Administrative Agency (SAA) and City resetave a royalty-free, non-exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal goveinment, SAA and/or City puipose:
(1) the copyright in any work developed through tis Agreement; and (2) any rights of copyright to which the subcontractor purchases ownership with suppoit through this grant. The Federal government's, SAA's and City's riglits identified above must be coi'iveyed to tlie priblislier and t]ie language of tlie publislier's release form must ensure tlie preservation of these rights.
t. Equal Employment in Construction Contracts - Pursuant to Equal Employment Opportunity requirements of 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375, as to any constiuction contract thereunder, if applicable, during the performance of this contract, the contractor agrees as follows:
(1) The contractor will not disciiminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

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

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(3) The contractor will not discharge or in any other maru'ier 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 pait of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a fornnal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish infomiation.
(4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and repoits 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 puiposes of investigation to ascertain compliance with such iules, regulations, and orders.
(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Govetm'nent contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Orderll246 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 iule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the poition of the sentence immediately preceding paragraph (l) and the provisions of paragraphs (l) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance.
u. Prohibition on Ceitain Telecornrnunications and Video Surveillance Services or Equipment - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements under Unifornn Guidance 2 CFR §200.216. Recipient will comply with FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds on Covered City Council 18 – 16 11/19/2024
Telecommunications Equipment or Services (Interim), which prohibits grant recipients and subrecipients from obligating or expending loan or grant funds to procure or obtain, extend or renew a contract to procure or obtain, or to enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecornrnunications equipment or services as a substantial or essential component of any system, or as critical technology as pait of any system.

As described in Public Law 115-232, section 889, covered telecommunications equipment:
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Coiporation (or any subsidiaiy or affiliate of such entities). (2) For the purpose of public safety, security of goveiument facilities, physical security surveillarice of critical infrastnicture, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
(3) Telecoinmunications or video sutaveillance services produced by such entities or using such equipment.
(4) Telecommunications or video sutaveillance 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 goveinment of a covered foreign country. v. Domestic Preferences for Procurements/Subcontracts - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements under Uniform Guidance 2 CFR §200.322.

Recipient shall comply with the federal and recipient standards in the award of any subcontracts.

For purposes of this Agreement, subcontracts shall include but not be limited to purchase agreements, rental or lease agreements, third paity agreements, consultant service contracts and construction subcontracts.

Recipient shall ensure that the terins of this Agreement with the CITY are incoiporated into all Subcontractor Agreements. The recipient shall submit all Subcontractor Agreements to the CITY for review prior to the release of any funds to the subcontractor. The recipient shall withhold funds to any subcontractor agency that fails to comply with the terms and conditions of this Agreement and their respective Subcontractor Agreement.
(1 ) Recovered Materials
Recipient shall make maximum use of products containing recovered materials that are EPAdesignated items unless the product cannot be acquired competitively within a timeframe providing for compliance with the contract perfortnance schedule; Meeting contract performance requirements; or at a reasonable piice.

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Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines webpage:
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.

The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.
(2) Domestic Preference for Procurements
Recipient should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. Tis includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products.

For purposes of this clause:

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, occutred in the United States.

Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. w. Termination for Cause and Convenience - Should recipient fail for any reason to comply with the contractual obligations of this agreement within the time specified by this Agreement, the CITY reserves the right to terminate the Agreement, reserving all rights under state and federal law.
x. Contractual/Legal Remedies for Breach of Contract - Should recipient fail for any reason to comply with the contractual obligations of this Agreement and/or willfully, knowingly or negligently breach any term, condition or requirement of the agreement, City may impose sanctions including but not limited to damages (liquidated damages and or penalties) and /or any other remedy available pursuant to the Agreement of the laws then in effect.

22. 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 ceitified 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 Aria, CA 92702-1988
Fax: 714- 647-6956
City Council 18 – 18 11/19/2024
With courtesy copies to:

Chief of Police
City of Santa Aria
20 Civic Center Plaza (M-96)
p.o. Box 1988
Santa Ana, California 92702
To Contractor:

Michael Bryant, Deputy Chief
Elite Command Training Cotaporation
26741 Portola Parkway, Ste. IE #833
Foothill Ranch, CA 92610
[email protected]
A party may change its address by giving notice in writing to the other paity. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, coinmunication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or ceitified, 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 foith on the transmission report issued by the transmitting facsimile machine, addressed as set foith above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.

23. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective paities to each of the teims 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 tliat sucli autliority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incoiporated as if fully set foith in the body of this Agreement.
[Signatures on following page]
City Council 18 – 19 11/19/2024
IN WITNESS WHEREOF, the paities hereto have executed this Agreement the date and year first above written.

ATTEST: CITY OF SANTA ANA
JENNIFER L. HALL
City Clerk
APPROVED AS TO FORM:

SONIA R. CARV ALHO
City Attorney

TAMARA BOGOSIAN
Senior ASsistant City Attoiwey

ALVARO NUNEZ
City Manager

ELITE COMMAND TRAINING

CORPORATION
y;c5ae1Bryanlffia 6f
By, U
Title: Deputy Chief, Ops Manager
RECOMMENDED FOR APPROVAL:

ROBERT RODRIGUEZ
Acting Chief of Police
City Council 18 – 20 11/19/2024

EXHIBIT A

CITY OF SANTA ANA

EXHIBITI

SCOPE OF SERVICES

1. REQUIREMENTS
A. The specific requirements or this RFP have been listed in Section II.

II. TRAINING COURSE(S)
A. ASAUA requires seminars, training courses in the following specific disciplines:
i. Training Request for: ICS-300 Intermediate Incident Command System (ICS) Ill. MINIMUM REQUIREMENTS
A. Availability to conduct up to a total of eight (8) deliveries of the training by the end of the term of the contract.

B. The first training must be conducted no later than June 30, 2024. i. Course Name: ICS-300 Intermediate Incident Command System (ICS) ii. Course Description: This course provides training and resources for personnel who require advanced knowledge and application ofthe ICS. This course expands upon information covered in the ICS-100 and ICS-200 courses. iv. Number of Students per Delivery: Minimum of 20 students C. Responsibilities of the City of Santa Ana and the Anaheim/Santa Ana L)rban Area:

Classroom with space to arrange students in groups
Audio/Visual Equipment
Multiple easels, dry erase board, and markers
D. Responsibilities of the Training Provider:

Laptop
Presentation & training aids
Professional instruction
E. Notice to Respondends:
i. All responses to this solicitation shall become property of the City of Santa Ana, and responses will become public record after issuance of Purchase Order.

Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act.

RFP 23-1 87 A City of Santa Ana Page 19 of 47
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CITY OF SANTA ANA
ii. Contractor shall conduct training courses at various locations/venues within the ASAUA.
iii. Contractor shall prepare course flyers, register attendees, record attendance by signed roster, provide certificates of completions, and verify course completion by the participants.
iv. Contractor shall prepare and present specified training courses. Course material shall be available at the time the training is provided for each of the training courses the proposer has outlined in their proposal.
v. All training courses presented must meet state and federal guidelines and be approved by Cal OES and DHS for reimbursement under the Homeland Security Grant Program prior to delivery. Refer to the Cal OES website at:
http://www.caloes.ca.qov/cal-oes-divisions/california-specialized-traininq-institute and the DHS website at: https://www.fema.qov/traininq for further information regarding state and federal guidelines for Department of Homeland Security grants. If any portion of the training course occurs outside of the classroom, an Environmental & Historic Preservation (EHP) approval must be obtained from FEMA/Cal OES prior to delivery of the course. The EHP approval is location specific and if an EHP approval is required, one must be obtained for each location where the course is delivered. It shall be the responsibility of the Proposer to complete all of the forms and documentation necessary to obtain the required approvals. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist the Proposer with the submission of the requests for approval. The City shall not be billed for any costs associated with obtaining these approvals. vi. Contractor shall provide all required training material handouts, course syllabus and/or written curriculum
vii. Contractor shall collect written survey comments/course evaluations from participants at the conclusion of every course offered. Survey/course evaluations will be conducted in a manner specified by the City. A standardized course survey form will be provided to the successful proposers. A record of responses shall be maintained throughout the term of the agreement by Contractor, and organized by training course, date, instructor, etc. Frequently mentioned comments shall be reported to City Project Manager. Electronic reporting shall be made available to the City upon request
viii. City reserves the right to cancel training courses with fourteen (14) calendar days' notice of delivery date. City shall not be charged for the class, travel costs, or training materials by Contractor if cancellation occurs within this period. ix. Cityreservestherighttocanceltrainingcourseswithfourteen(14)calendar days' notice of delivery date. City shall not be charged for the class, travel costs, or training materials by Contractor if cancellation occurs within this period. x. Contractor shall provide and assign high quality instructors on a consistent basis to deliver the specified courses.

RFP 23-1 87A City of Santa Ana Page 20 of 47
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CITY OF SANTA ANA
xi. All instructors shall use the methods suggested by the training protocols established, such as maintaining and updating each training syllabus; introducing and following objectives for each class; completing training as described; and utilizing training aids such as audio/visual systems.
xii. Contractor and all its instructors shall provide immediate feedback to the City via the ASAUA Homeland Security Regional Training and Exercise Program Manger regarding all customer requests for new or additional services or to file complaints.
xiii. Contractor will be paid for services rendered. Training days are generally eight (8) hours long (e.g. 8AM-5PM), including a one (1) hour lunch break. Schedule should include regular breaks on a 50/1 0 break ratio - for every fifty (50) minutes of instruction, there should be a ten (10) minute break. Half days are defined as four (4) hours or less of curriculum.
xiv. Training venues may be provided by the City or by hosting agencies based on the needs of the course. Contractor must be able to secure training sites at any of the jurisdictions within the ASAUA.
xv. All Contractor-developed courses must be approved by California Office of Emergency Services (Cal OES) for reimbursement under the Homeland Security Grant Program prior to delivery. It is the responsibility of the Contractor to prepare all forms and documentation necessary to obtain all course approvals at its cost. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist Contractor with the submission of the requests for approval. The City shall not be billed for any costs associated with obtaining these approvals.
this agreement will begin at this time.
xvii. Depending on the training or exercise, Contractor's instructors and courses may be required to be California Peace Officer Standards & Training (POST) certified or California State Fire Marshal approved. It shall be the responsibility of the Contractor to obtain all POSTcertifications and California State Fire Marshal course approvals at its cost. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist Contractor with the submission of the requests for certifications and approval. The City shall not be billed for any costs associated with obtaining these certifications and approvals. xviii. A list of "approved" courses is available from Cal OES at www.caloes.ca.gov and a list of Federal Emergency Management Agency (FEMA) approved classes is available at www.fema.qov/traininq
xix. Contractors are responsible for providing all course materials and delivering it to the site(s) of all training at their cost.
xx. Contractor must work with the ASAUA Homeland Security Regional Training and Exercise Program Manager and requesting agencies to coordinate the training calendar and venue.

RFP 23-187A City of Santa Ana Page 21 of 47
City Council 18 – 23 11/19/2024

CITY OF SANTA ANA
xxi. When required, Contractor must obtain the applicable certifications for developed courses before training begins. The need for certification will be determined by the ASAUA Training & Exercise Program Manager. It shall be the responsibility of the Contractor to complete all forms and documentation necessary to obtain the required certifications at its cost. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist the Proposer with the submission of the requests for certification. The City shall not be billed for any costs associated with obtaining these certifications.
xxii. Contractor will be required to obtain Emergency Medical Association (EMA) or Emergency Management Institute (EMI) certification on developed courses at its cost if the course content contains materials that require state and/or federal certification. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist the Contractor with the submission of the requests for certification. The City shall not be billed for any costs associated with obtaining these certifications.
xxiii. Contractor may not charge the City for materials brought to the class that are not utilized.
xxiv. Contractor may not charge the City for materials brought to the class that are not utilized.
xxv. Proposers may be selected to provide training based on their expertise within a specific discipline:

1. ICS-300: Intermediate Incident Command System (ICS)
organizations located or operating within the ASAUA, or have been approved by the ASAUA Training & Exercise Program Manager or his designee. xxvii. Contractor shall ensure that, when required, an Environmental Historic Preservation (EHP) approval has been issued to the ASAUA before delivery of the training course. It shall be the responsibility of the Proposer to complete all forms and documentation necessary to obtain the required EHP approvals at its cost. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist Contractor with the submission of the requests for approval.

The City shall not be billed for any costs associated with obtaining these approvals.

IV. DELIVERABLES / REPORTS FOR TRAINING COURSES
A. Course Surveys/Evaluations
i. Course surveys/evaluations results will be tabulated and scored by Contractor.

Summary of the results will be provided to the ASAUA Training & Exercise Program Manager.

RFP 23-187A City of Santa Ana Page 22 of 47
City Council 18 – 24 11/19/2024

CITY OF SANTA ANA
ii. Completed course survey/evaluation forms will be provided to the ASAUA Training & Exercise Program Manager within 30 days of delivery of the training course.

B. Contractor must provide course flyers for all training courses to be delivered at its cost.

C. Contractor must provide to the ASAUA Training & Exercise Program Manager all rosters and sign-in sheets upon completion of the training course for all training courses delivered. Contractor shall maintain a record of all original and electronic copies of all sign-in sheets.

D. Contractor shall provide certificates of completion to all students that successfully complete a training course at the conclusion of the training course and provide copies of the certificates to the ASAUA Training & Exercise Program Manager within 30 days of delivery of the training course. Contractor shall maintain a record of all certificates provided students.

V. QUANTITIES FOR TRAINING COURSES
A. Quantities listed herein are estimates and are not to be construed as a commitment. No minimum or maximum is guaranteed or implied.

Vl. PRICING FOR TRAINING COURSES
A. Unless otherwise stated, Proposer agrees that, in the event of a price decline, the benefit of such lower price shall be extended to the City.

B. All prices are to be F.O.B. destination. Any freight/delivery charges are to be included.

C. All prices quoted shall be in Un
shall be used. There are no exceptions.

D. Pricing shall include any and all payment incentives available to the City.

E. Proposers are advised that in the evaluation of costs, if applicable, it will be assumed the unit price quoted is correct in the case of a discrepancy between the unit price and an extension.

F. Federal and State minimum wage laws apply. The City has no requirements for living wages. The City is not imposing any additional requirements regarding wages.

VII.AWARD FOR TRAINING COuRSES
A. City reserves the right to reject any or all responses that materially differ from any terms contained in this RFP, from any Exhibits attached hereto, or From any subsequent addenda; to waive informalities and minor irregularities in responses received; and to provide an opportunity for Proposers to correct minor and immaterial errors contained in their submissions. The decision as to what constitutes a minor irregularity shall be made solely at the discretion of the City.

RFP 23-1 87A City of Santa Ana Page 23 of 47
City Council 18 – 25 11/19/2024

CITY OF SANTA ANA
B. The City reserves the right to award an agreement to a single Proposer or multiple Proposers.

C. The City has the right to decline to award an agreement or any part thereof for any reason.

D. City Council approval to award an Agreement pursuant to this RFP will be required.

E. Any agreement must be negotiated, finalized, and approved by the recommend Contractor prior to City Council approval.

F. RFP specifications, terms, conditions, and Exhibits, RFP Addenda, and Proposals, may be incorporated into and made a part of any agreement that may be awarded as a result of this RFP.

Vlll. INVOICING FOR TRAINING COURSES
A. Proposer shall invoice the City, unless otherwise advised, upon satisfactory receipt of performance of services.

B. City will use best efforts to make payments within thirty (30) days following receipt and review of invoice and upon complete satisfactory receipt of peformance of services.

C. Invoices shall be emailed to:

Sgt. Ricardo Diaz
Santa Ana Police Department
Email: [email protected]
D. City shall notify Proposer of any adjustments required to invoices.

E. Invoices shall include, at minimum:
i. City PO Number (If applicable)
ii. Invoice number
iii. Agreement number
iv. Remit to address
v. Itemized services
vi. Course description
vii. Pricing as per agreement
viii. Instructor name
ix. Number of participants
x. Course date(s), and
xi. Shall be accompanied by acceptable proof of delivery F. Proposer shall utilize standardized invoices upon request.

IX. ACCOUNTMANAGER/SUPPORTSTAFFFORTRAININGCOURSES
RFP 23-1 87A City of Santa Ana Page 24 of 47
City Council 18 – 26 11/19/2024

CITY OF SANTA ANA
A. Proposershallprovideadedicated,competentAccountManagerwhoshallberesponsible for the City's account / agreement. The Account Manager shall receive all orders from the City and shall be the primary contact for all issues regarding the Proposer's response to this RFP and any agreement which may arise pursuant to this RFP.

B. Proposershallalsoprovideadequate,competentsupportstaffthatshallbeabletoservice the City during the working hours of 7:00AM - 5:00PM PST, Monday through Friday. Such representative(s) shall be knowledgeable about the agreement, training offered, and able to identify and resolve quickly any issues included, but not limited to order and invoicing problems.

C. Contractor's Account Manager shall be familiar with City requirements and standards and work with the City to ensure that established standards are adhered to.

D. Contractor's Account Manager shall keep the City and ASAUA Training & Exercise Program Manager informed of requests from departments.

RFP 23-187A City of Santa Ana Page 25 of 47
City Council 18 – 27 11/19/2024

EXHIBIT B
C:0WlM[firVn TJRfilMIWa
RFP N0. 23-187 A January 11, 2024
Anaheim/Santa Ana UASI
ICS-300 Traii'iing Services

2. COST PROPOSAL
PricingPtoposal valid for one luindred eiglity (180)darts. 12522 Nortli Nine Mile Falls Road, Stute 355 - Nine Mile Falls, WA 99026 626-290-6007 City Council www.ehtecommandtraining.com 18 – 28 11/19/2024 C:0MMjlMJD 'TRAIM"IJ[VC;;
October 10, 2024
Megan Ornelas
City of Santa Ana Buyer
Sent via: [email protected]
Request for Extending Pricing ICS 300 Training - Anaheim /Santa Ana UASI Regional Training and Exercise Program
Elite Command Training will agree to extend the original pricing for the ICS 300 Intermediate training series courses.

If you have any questions or need to contact me, please do so at the number below.

Very truly yours,
MICHAEL BRYANT, DEPUTY CHIEF (ret.)
Project Manager - Elite Command Training LLC
26741 Portola Parkway, Ste. 1 E #833
Foothill Ranch, Ca. 92610
Email: [email protected]
Phone: 626-290-6007
City Council 18 – 29 11/19/2024

CITY OF SANTA ANA

ATTACHMENT A

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

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

Elite Command Training Corp

LEGAL NAME OF COMPANY
626-290-6007

PHONE AND FAX NUMBERS
12522 N Nine Mile Falls Road #355, Nine Mile Falls, WA 99026

BUSINESS ADDRESS
Michael Bryant

PRINTED NAME OF AUTHORIZED AGENT
Operations Manager
TITLE
1/5/2024

SIGNATURE OF AUTHORIZED AGENT DATE
[email protected]

E-MAIL ADDRESS
45-2450884

FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IFAPPLICABLE)
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

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

RFP 23-187A City of Santa Ana Page 38 of 47
23 City Council 18 – 30 11/19/2024

CITY OF SANTA ANA

ATTACHMENT B

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

REFERENCE
Customer Name: San Francisco Fire Dept Contact Individual: Shayne Kaialoa Deputy Chief Address: 2310FOISOmStreet Phone Number 415-970-2000
San Francisco, CA 94110 EMAIL: [email protected] Contract Amount: $35-Ooo Year: 2018/19/20/22
Description of supplies, equipment, or services provided:

ICS 300, 400 for fire & law emorcement personnel FEMA Command & General Staff courses

REFERENCE
Customer Name: SanDiegoFire& Rescue
Address: 2580 Kincaid Road
San Diego, CA 92101
Contact Individual: BattalionChiefWillyMelendez
Phone Number 619-909-418o
EMAIL: [email protected]
Contract Amount: $40-Ooo Year: 2018/19/20/22
Description of supplies, equipment, or services provided:

ICS 300, 400 for fire & law enforcement personnel, FEMA Command & General Staff courses REFERENCE North Net Training Facility Anaheim
Customer Name: Contact Individual: FacilityAdministratorTracyMcClellan Address: 1320 N Eastern Avenue East Phone Number 714-978-7304 Los Angeles, CA 90063 EMAIL: [email protected]
Contract Amount: $32-Ooo Year: 2018/19/20/22
Description of supplies, equipment, or services provided:

ICS 300 & 400 for fire law EOC and of Anaheim/Ora ullerton nnel THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONT AIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

RFP 23-1 87 A City of Santa Ana Page 39 of 47
City Council 18 – 31 11/19/2024

CITY OF SANTA ANA

ATT ACHMENT C

PROPOSER'S ST ATEMENT
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 draffs, 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 ired insurance certificates are to be a reference into this reement and are made specifically as part of this RFP.

Firm Elite Command Training Corp
Signed and Printed Name:

Title OperationsManager
Date January5,2024
Michael Bryant
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONT AIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

RFP 23-187A City of Santa Ana Page 40 of 47
25 City Council 18 – 32 11/19/2024

CITY OF SANTA ANA

ATTACHMENT D

NON-COLLUSION AFFIDAVIT
(ntle 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA
In accordanoewith Title 23 United States Code Section 412 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behatf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly oolluded, mnspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference mth anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, proffl, or mst element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submmed his or her pmposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, parhiership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal.

Notary Public Signature Notary Public Seal
THIS FORM MUST BE COMPLETED AtSID INCLUDED WH THE PROPOSAL.

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

RFP 23-187A C$of8antaAna Page4l of47
City Council 26 18 – 33 11/19/2024
Title of document attached

YOUNG K CHOI

NOT ARY PUBLIC

STATE OF CALIFORNLA
JURAT
A notary public orothe< offlcercompleting this certificateverifies only the identity ofthe individual who signed the documenttowhichthiscertifimteis andnotthe or ofthatdocumerit.

State of Californio
County of Orange
Subscribed and sworn to (or affirmed) before me on this 3 day of Jci;y 202%by?vtTC5 €l .!p...5u-rtprovedto me onthe basis of satisfactory evidence to be the person(s) who appeared before me.

IJiiLi YOUNG K, CHOI E
, COMM # 2465608 'S
ORANGECounty .5 California Notary Public". % a CommExpact, 5, 2027 :
## # * #@* * % b* T# %# # * * %i * * # 4 i I * * * ffl * * (Seal)
Young K Choi
Commission # 2465608
Commission Expires October 05, 2027
(949) 455-0057 [email protected]
27 City Council 18 – 34 11/19/2024

CITY OF SANTA ANA

ATTACHMENT E

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

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, u.s. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
pros agrees su ng is or or pro or 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:
67mt
Operations Manager
Elite Command Training Corp
January 5, 2024
THIS FORM MLIST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONT AIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

RFP 23-187A City of Santa Ana Page 42 of 47
28 City Council 18 – 35 11/19/2024

CITY OF SANTA ANA

ATTACHMENT F

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

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

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

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

4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, "I965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

L IntheeventoftheConsultant'snon-compliancewiththenondiscriminationc1ausesofthiscontractor 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 14 246 of September 24, 'I 965, so that such provisions will be binding upon each subcontract RFP 23-187A City of Santa Ana Page 43 of 47
29 City Council 18 – 36 11/19/2024

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:
8 Operations Manager
Elite Command Training Corp
January 5, 2024
THIS FORM MLIST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

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

RFP 23-187A City of Santa Ana Page 44 of 47
30 City Council 18 – 37 11/19/2024

CITY OF SANTA ANA

ATTACHMENT G
SAM.GOV UEI VERIFICATION
On April 4, 2022, the federal government stopped using the DUNS Number to uniquely identify entities.

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

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

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

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

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

RFP 23-187A City of Santa Ana Page 45 of 47
31 City Council 18 – 38 11/19/2024
nSAM.eovo
Ent!i7 WOrkspace ReSultS 1 TotalResults

ELITE COMMAND TRAINING CORP
Unique Entity ID: J3W6SEKW73Y8
CAGE/NCAGE: 7BL68
Entity Status: Active Registration
Doing Business As:

Physical Address:
17920 N WEST SHORE ROAD UNIT 355

NINE MILE FLS , WA
99026-0753 USA
Expiration Date:

Aug 18, 2024
Purpose of Registration:

All Awards
Jan 07,2024 11:29:50 PM GMT
City Council 18 – 39 11/19/2024
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City Council 18 – 40 11/19/2024

ATT ACHMENT H
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 Vll of the May 26, 1988, Federal Register (Paies 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.

Michael Bryant, Operations Manager
Name and Title of Official Authorized to Certify
On Behalf of the Consultant
January 5, 2024
Date
RFP 23-187A City of Santa Ana Page 46 of 47
City Council 18 – 41 11/19/2024

AGREEEMENT WITH UTILTITY RESPONSE TRAINING ASSOCIATES, AND CITY OF SANTA ANA TO PROVIDE ASAUA./UASI TRAINING
THIS AGREEMENT is made and entered into on tis 19th day ofNovember, 2024 by and between Utility Response Training Associates, ("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").

RECIT ALS
A. OnDecemberl8,2023,TheCityissuedRequestforProposalsNo.23-188A(RFP)seeking proposals from qualified fiims and organizations to provide ICS-400 Advanced Incident Command System (ICS) course of instruction, on behalf of the Anaheim/Santa Aria Urban Area (ASAUA). T)"iis program is designed to provide tlie ASAUA's stakeliolders witli tlie regional training and exercises necessary to meet the goals and objectives set foith in the ASAUA's Homeland Security Strategy
B. The United States Department of Homeland Security, Federal Emergency Management Agency, has developed ASAUA to enhance the domestic preparedness of urban areas by ensuring that first responders have adequate and appropriate equipment and training to prevent, respond to, and recover from acts of terrorism. ASAUA allocates a set percentage of its annual United States Department of Homeland Security's Urban Areas Secririty Initiative (UASI) grant allocations to fund training and exercises. Training courses and exercises requested tmough the ASAUA Homeland Security Regional Training and Exercise Program will be paid in part or in full with funding from the United States Department of Homeland Security's Urban Areas Security Initiative (UASI) grant.

Funding from this grant is applied to homeland security related training, exercises, equipment, and projects in the ASAUA.

C. Contractor submitted a responsive proposal that was selected by the City D. 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 consulting fiim 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 perfornn during the teim of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fiilly and adequately complete the setavices described and set forth in Scope of Services - Exhibit A, provided in the RFP, attached hereto and incorporated by reference, attached hereto and incoiporated by reference.

EXHIBIT 2
City Council 18 – 42 11/19/2024

2. COMPENSATION
a. Contractor shall be paid only for actual setavices perfornned under tis Agreement at the rates identified in Contractor's Cost Proposal - Exhibit B. The cost per class shall not exceed $7,872.70. The cost for eight classes and the total amount to be expended during the term of tis Agreement shall not exceed $62,981.60. b. Payment by City shall be made within foity-five (45) days following receipt of proper invoice evidencing work perfoimed, 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 Autliorization 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.

Payment need not be made for work which fails to meet the standards of perfotmance set forth in the Recitals which may reasonably be expected by City.

3. TERM
This Agreement shall commence on the date first written above for an initial three (3) year teim with the option for the City to grant up to two (2), one (l)-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 17, below.

4. PREY AILING 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 tlie payment of prevailing wage rates and tl'ie 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 teim 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 perfornns 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 goveiing such services. Contractor shall pay all salaries and wages, employer's social City Council 18 – 43 11/19/2024
security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.

6. OWNERSHIP OF MATERIAJ,S
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 tliis Agreement ("Doctnnents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and petapetual license for any Documents & Data the subcontractor prepares under tis Agreement.

Contractor represents and wartaants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and wartaanty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the puiposes intended by this Agreement shall be at City's sole risk.

7. INSURANCE
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to propeity wich may arise from or in coru'iection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.

MINIMUM SCOPE AND LIMIT OF INSURANCE

1. Commercial General Liability (CGL): Insurance Services Office Foim CG 00 01covering CGL on an "occurrence" basis, including products and coinpleted operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Required policy limits can be met with primaiy and umbrella/excess insurance policies.

2. Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Contractor does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance.

3. Workers' Compensation (W/C): as required by the State of Califoinia, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. Coverage is not required if Contractor has no employees and signs request to waive such insurance.

4. Professional Liability Insurance (PL): with limits no less than $2,000,000 per occutarence or claim, and $4,000,000 aggregate.

City Council 18 – 44 11/19/2024
If Contractor maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Where the policy limits are greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference in to the Agreement.

Other Insurance Provisions
The above required insurance policies are to contain or be endorsed to contain the following prOVlSlOnS:

2. Contractor and it's Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the teims of the CGL, AL, PL, and W/C policies, arising from work performed by Contractor under this Agreement.

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

4. A severability of interest provision must apply for all the additional insureds, ensuring that Contractor's insurance sliall apply separately to eacli insured against wliom a claim is n'iade or suit is brought, except with respect to the insurer's limits of liability.

5. Insurance policies required 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 thiity (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 of premium.

6. Certificate Holder on each Evidence of Insurance ceitificate shall be: City of Santa Ana, Attention: City Attorney's Office, 20 Civic Center Plaza, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each ceitificate.

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

Verification of Coverage
Contractor shall futanish City with original Ceitificates 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 before work begins. However, failure to obtain the required City Council 18 – 45 11/19/2024
documents prior to the work beginning shall not waive Contractor's obligation to provide them.

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

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

9. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infriiigement of any United States' letters patent, trademark, or copyright infringement, including costs, 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 perfoimed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any setavices, 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 City Council 18 – 46 11/19/2024
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 infornnation except in the perfoimance of this Agreement, and fuither agrees to exercise the same degree of care it uses to protect its own infoimation of like importance, but in no event less tlian reasonable care. "Confidential Information" sliall include all nonpublic infornnation. Confidential infoimation includes not only written infoimation, but also information transferred orally, visually, electronically, or by other means. Confidential infoimation disclosed to either paity by any subsidiary and/or agent of the other party is covered by tis Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any infornnation 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 law; or (e) is independently developed by the Contractor without reference to information disclosed by the City.

12. CERTIFICATIONS
The funds used to pay for this Agreement will be partly comprised of federal grant 'Junds.

Contractor agrees and understands that it will comply with the teims of the Certifications attached hereto as Attachment A-Proposer's Ceitification, Proposal Pricing, Attachment B-References, Attachment C-Proposer's Statement, Attachment D-Non-Collusion Affidavit, Attachment ENon-Lobbying Certification, Attachment F-Non-Discrimination Ceitification, Attachment GSAM.GOV EUI Verification, Attachment H-Certification Regarding Debaiment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions, incorporated by reference into this Agreement. Contractor may be referenced as Contractor, Paiticipant or Proposer in Attachments A-H. Contractor shall keep itself infoimed of all City, State and Federal laws and regulations which may, in any manner, affect the perfornnance of it services pursuant to tis Agreement. Contractor shall at all times, observe and comply with all such laws and regulations.

City and its officers and employees shall not be liable at law or in equity by reason of the failure of the Contractor to comply with this paragraph.

City Council 18 – 47 11/19/2024

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

15. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the paities. In the event of a conflict between the terms of this Agreement and any attacents hereto, the teims of this Agreement shall prevail. Tis Agreement may not be modified except by written instiument 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 instiument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any paity, or anyone acting on behalf of any party, which is not embodied herein.

16. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in tis Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement perfornned by City personnel or by other Contractors retained by City.

17. TERMINATION
Tis Agreement may be terminated by the City upon thiity (30) days written notice of teimination. hi 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 teimination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the propeity of the City unless prohibited by law, and Contractor consents to the City's use thereof for such puiposes as the City deems appropriate
City Council 18 – 48 11/19/2024
b. Payment need not be made for work which fails to meet the standard of perfoimance specified in the Recitals of this Agreement.

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

19. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be deteimined and governed by the laws of the State of Califoiia. Both parties further agree that Orange County, Califoiia, 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 teim of this Agreement, maintain all necessary licenses, peimits, 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 Califotania, the City of Santa Ana and all other goverental agencies. Contractor shall notify the City immediately and in wiiting of its inability to obtain or maintain such pertnits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for teimination of this Agreement.

21. FEDERAL REGULATIONS
Utility Response Training Associates shall comply with all applicable contractual provisions required by the United States Office of Management and Budget (OMB), as set for the in 2 CRF Pait 200, whether or not expressly set forth in this document, including but not limited to those provisions set foith below. Notwithstanding, anything to the contrary herein, including without limitation , the language in this Agreement, the actual language contained in federal statutes, federal regulations, federally promulgated materials and state statutes, shall control in determining any obligations under federal law in the event of a conflict with any terms, language or provisions contained in this Agreement. Utility Response Training Associates shall not perfoim any act, fail to perform any act, or refuse to comply with any requests, which would cause City to be in violation of the federal ternns and conditions.
a. Federal Regulations - Recipient must comply with the government cost principles, unifoim administrative requirements and audit requirements for federal grant program housed within Title 2, Part 180 of the Code of Federal Regulations.

City Council 18 – 49 11/19/2024
b. Debarment and Suspension - As required by Executive Orders 12549 and 12689, and 2 CFR §200.214 and codified in 2 CFR Part 200, Recipient must provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal governrnent.
c. Audit Records - With respect to all matters covered by this agreement all records shall be made available for audit and inspection by CITY, the grant agency and/or their duly authorized representatives for a period of three (3) years from the date of submission of the final expenditure report by the City of Santa Aria. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Recipient shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Recipient shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Recipient, upon request during usual working hours.
d. Reports - Recipient shall provide to City all records and information requested by City for inclusion in quaiterly reports and such other reports or records as City may be required to provide to the agency from which City received grant funds or other persons or agencies. e. Section 504 of the Rehabilitation Act of 1973 (Handicapped) - All recipients of federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the paiticipation in, be denied the benefits of or be subject to discrimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The Recipient agrees it will ensure that requirements of The Act shall be included in the agreements with and be binding on all of its contractors, subcontractors, assignees or successors.
f. Americans with Disabilities Act of 1990 - (ADA) Recipient must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. g. Political Activity - None of the funds, materials, property, or services provided directly or indirectly under this agreement shall be used for any partisan political activity, or to fuither the election or defeat of any candidate for public office, or otheiwise in violation of the provisions of the "Hatch Act".
h. No Lobbying - Recipient will comply with all applicable lobbying prohibitions and laws, including those found in the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352, et seq.), and agrees that none of the funds provided under this award may be expended by the Recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action conceig the award or renewal of any federal contract, grant, loan, or cooperative agreement.

City Council 18 – 50 11/19/2024
i. Non-DiscrirninationandEqualOppoitunity-Recipientwillcomply,andallitscontractors (or subrecipients) will comply, with Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975, as amended; Drug Abuse Office and Treatment Act of 1972, as amended; Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended; Section 523 and 527 of the Public Health Service Act of 1912, as amended; Title VIII of the Civil Rights Act of 1968, as amended; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subpaits C, D, E, and G; and Depaitment of Justice regulations on disability discrimination, 28 CFR Pait 35 and 39. In the event a Federal or State court, Federal or State administrative agency, or the Recipient makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the Recipient will forward a copy of the findings to CITY which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. If applicable, recipient will comply with the equal oppoitunity clause in 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended byExecutiveOrderNo. 11375.
j. Equal Employment Oppoitunity - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Depaitment of Labor regulations (41 CFR chapter 60), as applicable.
k. Public Contracts Code - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the California Public Contract Code Section 10295.3, as applicable.

1. Copeland "Anti-Kickback" Act - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Copeland "Anti-Kickback" Act (40 U.S.C. 3145) as supplemented in Depaitment of Labor regulations (29 CFR Pait 3), as applicable. m. David-Bacon Act - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Davis-Bacon Act (40 U.S.C. 3141-3144 and 3146-3148) as supplemented by Depaitment of Labor regulations (29 CFR Pait 5), as applicable. n. Work Hours and Safety - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3702 and 3704) as supplemented by Depaitment of Labor regulations (29 CFR Pait 5), as applicable.
o. Clean Air Act - Recipient will comply, and all its contractors (or subrecipients) will comply, with all applicable standards, orders or requirements issued under the Clean Air Act (42 U.S.C. 7401-7671q), and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as applicable.

City Council 18 – 51 11/19/2024
p. Energy and Conservation - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Energy Policy and Conservation Act (42 U.S.C. 6201), as applicable.
q. Waste Disposal - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as applicable. r. Patent Rights - Recipient agrees that the Department of Homeland Security shall have the authority to seek patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement based on the requirements of 3 7 CFR§ 401 and any other implementing regulations, as applicable.
s. Copyright - Recipient may copyright any books, publications or other copyrightable materials developed in the course of or under this Agreement. However, the federal awarding agency, State Administrative Agency (SAA) and City reserve a royalty-free, non-exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal goveinment, SAA and/or City purpose:
(1) the copyright in any work developed through this Agreement; and (2) any rights of copyright to which the subcontractor purchases ownership with suppoit through this grant. The Federal government's, SAA's and City's rights identified above must be conveyed to tlie publisher and tlie language of tlie publis)ier's release form must ensure tlie preservation of these rights.
t. Equal Employment in Constiuction Contracts - Pursuant to Equal Employment Opportunity requirements of 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375, as to any constiuction contract thereunder, if applicable, during the perfoimance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employtnent because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; reciuitment or rectauitment adveitising; layoff or teimination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or adveitisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

City Council 18 – 52 11/19/2024
(3) The contractor will not discharge or in any other maiu'ier discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such infoimation, unless such disclosure is in response to a fornnal complaint or charge, in fuitherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to fuinish infoimation.
(4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under tis section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and repoits required by Executive Order 11246 of September 24, 1965, and by iules, 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 asceitain compliance with such rules, regulations, and orders.
(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said taules, regulations, or orders, this contract may be canceled, tetminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Orderll246 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 nale, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the poition of the sentence imtnediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance.
u. Prohibition on Ceitain Telecoinmunications and Video Surveillance Services or Equipment - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements under Uniform Guidance 2 CFR §200.216. Recipient will comply with FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds on Covered City Council 18 – 53 11/19/2024
Telecomtnunications Equipment or Services (Interim), which prohibits grant recipients and subrecipients from obligating or expending loan or grant funds to procure or obtain, extend or renew a contract to procure or obtain, or to enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecornrnunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

As described in Public Law 115-232, section 889, covered telecoiuinunications equipment:
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Coiporation (or any subsidiaiy or affiliate of such entities). (2) For the purpose of public safety, security of governrnent facilities, physical security surveillance of critical infrastiucture, and other national security puiposes, video surveillance and telecommunications equipment produced by Hytera Communications Cotporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
(3) Telecommunications or video surveillance services produced by such entities or using such equipment.
(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. v. Domestic Preferences for Procurements/Subcontracts - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements under Unifoim Guidance 2 CFR §200.322.

Recipient shall comply with the federal and recipient standards in the award of any subcontracts.

Recipient shall ensure that the teims of this Agreement with the CITY are incorporated into all Subcontractor Agreements. The recipient shall submit all Subcontractor Agreements to tlie CITY for review prior to the release of any funds to the subcontractor. The recipient shall withhold funds to any subcontractor agency that fails to comply with the terms and conditions of this Agreement and their respective Subcontractor Agreement.
(l) Recovered Materials
Recipient shall make maximum use of products containing recovered materials that are EPAdesignated items unless the product cannot be acquired competitively within a timeframe City Council 18 – 54 11/19/2024
providing for compliance with the contract performance schedule; Meeting contract performance requirements; or at a reasonable price.

Information about this requirement, along with the list of EPA-designated items, is available at EPA's Compreliensive Procurement Guidelines webpage:
https://www.epa.gov/smrn/comprehensive-procurement-guideline-cpg-program.

The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.
(2) Domestic Preference for Procurements
Recipient should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products.

For purposes of this clause:

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.

Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. w. Teimination for Cause and Convenience - Should recipient fail for any reason to comply with the contractual obligations of this agreement within the time specified by this Agreement, the CITY reserves the right to teiminate the Agreement, reserving all rights under state and federal law.
x. Contractual/Legal Remedies for Breach of Contract - Should recipient fail for any reason to comply with the contractual obligations of this Agreement and/or willfully, laiowingly or negligently breach any term, condition or requirement of the agreement, City may impose sanctions including but not limited to damages (liquidated damages and or penalties) and /or any other remedy available pursuant to the Agreement of the laws then in effect.

22. 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 ceitified mail, postage prepaid, or sent by fax or other telegrapMc communication in the manner provided in this Section, to the following persons:

City Council 18 – 55 11/19/2024
To City:

City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.0. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:

Chief of Police
City of Santa Ana
20 Civic Center Plaza (M-96)
p.o. Box 1988
Santa Ana, California 92702
To Contractor:

R. Ranger Doin, Managing Partner
Utility Response Training Associates
p.o. Bo 101
Oak View, CA 93022
[email protected]
A paity may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been giyen twenty-four (24) hours after the time set forth on the transmission repoit 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.

23. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and watarants that its signature herein below has the power, authority and right to bind their respective parties to each of the ternns 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 foith in the body of this Agreement.
[Signatures on following page]
City Council 18 – 56 11/19/2024
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.

ATTEST:

JENNIFER L. HALL
City Clerk
AJ'PROVED AS TO FORM:

SONIA R. CARV ALHO
City Attorney
Senior Assistant City Attorney
CITY OF SAJ'!TA ANA

AI,VARO NUNEZ
City Manager

UTILITY RESPONSE TRAINING
ASSOCIATES:

BY: R. Ranger Dorn
Title:

Managing Partner
RECOMMENDED FOR APPROVAI,:

ROBERT RODRIGUEZ
Acting Chief of Police
City Council 18 – 57 11/19/2024

EXHIBIT A

CITY OF SANTA ANA

EXHIBITI

SCOPE OF SERVICES
I. REQUIREMENTS
A. The specific requirements of this RFP have been listed in Section II.

II. TRAINING COURSE(S)
A. ASAUA requires seminars, training courses in the following specific disciplines:
a. Training Request for: ICS-400 Advanced Incident Command System (ICS) Ill. MINIMUM REQUIREMENTS
A. Availability to conduct up to a total of eight (8) deliveries of the training by the end of the term of the contract.

B. The first training must be conducted no later than June 30, 2024. i. Course Name: ICS-400 Advanced Incident Command System (ICS) ii. Course Description: This course provides training and resources for personnel who require advanced knowledge and application of the ICS. This course expands upon information covered in the ICS-1 00 and ICS-200 courses.

Number of Del
iv. Number of Students per Delivery: Minimum of 20 students C. Responsibilities of the City of Santa Ana and the Anaheim/Santa Ana Urban Area:

Classroom with space to arrange students in groups
Audio/\/isual Equipment
Multiple easels, dry erase board, and markers
D. Responsibilities of the Training Provider:

Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act.

RFP 23-1 88A City of Santa Ana Page 19 of 47
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CITY OF SANTA ANA
ii. Contractor shall conduct training courses at various locations/venues within the ASAUA.
iii. Contractor shall prepare course flyers, register attendees, record attendance by signed roster, provide certificates of completions, and verify course completion by the participants.
iv. Contractor shall prepare and present specified training courses. Course material shall be available at the time the training is provided for each of the training courses the proposer has outlined in their proposal.
v. All training courses presented must meet state and federal guidelines and be approved by Cal OES and DHS for reimbursement under the Homeland Security Grant Program prior to delivery. Refer to the Cal OES website at:
http://www.caloes.ca.qov/cal-oes-divisions/california-specialized-traininq-institute and the DHS website at: https://www.fema.gov/traininq For further information regarding state and federal guidelines for Department of Homeland Security grants. If any portion of the training course occurs outside of the classroom, an Environmental & Historic Preservation (EHP) approval must be obtained from FEMA/Cal OES prior to delivery or the course. The EHP approval is location specific and if an EHP approval is required, one must be obtained for each location where the course is delivered. It shall be the responsibility of the Proposer to complete all of the forms and documentation necessary to obtain the required approvals. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist the Proposer with the submission of the requests for approval. The City shall not be billed for any costs associated with obtaining these approvals.
vi. Contractor shall provide all required training material, handouts, course syllabus vii. Contractor shall collect written survey comments/course evaluations from participants at the conclusion of every course offered. Survey/course evaluations will be conducted in a manner specified by the City. A standardized course survey form will be provided to the successful proposers. A record of responses shall be maintained throughout the term of the agreement by Contractor, and organized by training course, date, instructor, etc. Frequently mentioned comments shall be reported to City Project Manager. Electronic reporting shall be made available to the City upon request
viii. City reserves the right to cancel training courses with fourteen (14) calendar days' notice of delivery date. City shall not be charged for the class, travel costs, or training materials by Contractor iTcancellation occurs within this period. ix. City reserves the right to cancel training courses with fourteen (14) calendar days' notice of delivery date. City shall not be charged for the class, travel costs, or training materials by Contractor if cancellation occurs within this period. x. Contractor shall provide and assign high quality instructors on a consistent basis to deliver the specified courses.

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CITY OF SANTA ANA
xi. All instructors shall use the methods suggested by the training protocols established, such as maintaining and updating each training syllabus; introducing and following objectives for each class; completing training as described; and utilizing training aids such as audio/visual systems.
xii. Contractor and all its instructors shall provide immediate feedback to the City via the ASAUA Homeland Security Regional Training and Exercise Program Manger regarding all customer requests for new or additional services or to file complaints.
xiii. Contractor will be paid for services rendered. Training days are generally eight (8) hours long (e.g. 8AM-5PM), including a one (1) hour lunch break. Schedule should include regular breaks on a 50/1 0 break ratio - for every fiffy (50) minutes of instruction, there should be a ten (10) minute break. Half days are defined as four (4) hours or less of curriculum.
xiv. Training venues may be provided by the City or by hosting agencies based on the needs of the course. Contractor must be able to secure training sites at any of the jurisdictions within the ASAUA.
xv. All Contractor-developed courses must be approved by California Office of Emergency Services (Cal OES) for reimbursement under the Homeland Security Grant Program prior to delivery. It is the responsibility of the Contractor to prepare all forms and documentation necessary to obtain all course approvals at its cost. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist Contractor with the submission of the requests for approval. The City shall not be billed for any costs associated with obtaining these approvals.
mmer of 2024. Usage under
this agreement will begin at this time.
xvii. Depending on the training or exercise, Contractor's instructors and courses may be required to be California Peace Officer Standards & Training (POST) certified or California State Fire Marshal approved. It shall be the responsibility of the Contractor to obtain all POSTcertifications and California State Fire Marshal course approvals at its cost. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist Contractor with the submission of the requests For certifications and approval. The City shall not be billed For any costs associated with obtaining these certifications and approvals. xviii. A list of "approved" courses is available from Cal OES at www.caloes.ca.gov and a list of Federal Emergency Management Agency (FEMA) approved classes is available at www.fema.qov/traininq
xix. Contractors are responsible for providing all course materials and delivering it to the site(s) of all training at their cost.
xx. Contractor must work with the ASAUA Homeland Security Regional Training and Exercise Program Manager and requesting agencies to coordinate the training calendar and venue.

RFP 23-1 88A City of Santa Ana Page 21 of 47 City Council 18 – 60 11/19/2024

CITY OF SANTA ANA
xxi. When required, Contractor must obtain the applicable certifications for developed courses before training begins. The need for certification will be determined by the ASAUA Training & Exercise Program Manager. It shall be the responsibility of the Contractor to complete all forms and documentation necessary to obtain the required certifications at its cost. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist the Proposer with the submission of the requests for certification. The City shall not be billed for any costs associated with obtaining these certifications
xxii. Contractor will be required to obtain Emergency Medical Association (EMA) or Emergency Management Institute (EMI) certification on developed courses at its cost if the course content contains materials that require state and/or federal certification. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist the Contractor with the submission of the requests for certification. The City shall not be billed For any costs associated with obtaining these certifications.
xxiii. Contractor may not charge the City for materials brought to the class that are not utilized.
xxiv. Contractor may not charge the City for materials brought to the class that are not utilized.
xxv. Proposers may be selected to provide training based on their expertise within a specific discipline:

4. 1CS-400: Avanced !ncident Command System (ICS)
xxvi. Contractors shall ensure that traini
organizations located or operating within the ASAUA, or have been approved by the ASAUA Training & Exercise Program Manager or his designee. xxvii. Contractor shall ensure that, when required, an Environmental Historic Preservation (EHP) approval has been issued to the ASAUA before delivery of the training course. It shall be the responsibility of the Proposer to complete all forms and documentation necessary to obtain the required EHP approvals at its cost. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist Contractor with the submission of the requests for approval.

The City shall not be billed for any costs associated with obtaining these approvals.

IV. DELIVERABLES / REPORTS FOR TRAINING COURSES
A. Course Surveys / Evaluations
i. Course surveys/evaluations results will be tabulated and scored by Contractor Summary of the results will be provided to the ASAUA Training & Exercise Program Manager.

RFP 23-1 88A City of Santa Ana Page 22 of 47
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CITY OF SANTA ANA
ii. Completed course survey/evaluation forms will be provided to the ASAUA Training & Exercise Program Manager within 30 days of delivery of the training COurse.

B. Contractor must provide course flyers for all training courses to be delivered at its cost.

V. QUANTITIES FOR TRAINING COURSES
A. Quantities listed herein are estimates and are not to be construed as a commitment. No minimum or maximum is guaranteed or implied.

Vl. PRICING FOR TRAINING COURSES
A. Unless otherwise stated, Proposer agrees that, in the event of a price decline, the benefit of such lower price shall be extended to the City.

B. All prices are to be F.O.B. destination. Any freighUdelivery charges are to be included.

C. All prices quoted shall be in United States dollars and "whole cent, no cent fractions shall be used. There are no exceptions.

D. Pricing shall include any and all payment incentives available to the City.

E. Proposers are advised that in the evaluation of costs, if applicable, it will be assumed the unit price quoted is correct in the case of a discrepancy between the unit price and an extension.

F. Federal and State minimum wage laws apply. The City has no requirements For living wages. The City is not imposing any additional requirements regarding wages.

V11.AWARD FOR TRAINING COURSES
A. City reserves the right to reject any or all responses that materially differ from any terms contained in this RFP, From any Exhibits attached hereto, or from any subsequent addenda; to waive informalities and minor irregularities in responses received; and to provide an opportunity for Proposers to correct minor and immaterial errors contained in their submissions. The decision as to what constitutes a minor irregularity shall be made solely at the discretion of the City.

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CITY OF SANTA ANA
B. The City reserves the right to award an agreement to a single Proposer or multiple Proposers.

C. The City has the right to decline to award an agreement or any part thereof for any reason.

D. City Council approval to award an Agreement pursuant to this RFP will be required.

E. Any agreement must be negotiated, finalized, and approved by the recommend Contractor prior to City Council approval.

F. RFP specifications, terms, conditions, and Exhibits, RFP Addenda, and Proposals, may be incorporated into and made a part of any agreement that may be awarded as a result of this RFP.

Vlll. INVOICING FOR TRAINING COURSES
A. Proposer shall invoice the City, unless otherwise advised, upon satisfactory receipt of performance of services.

B. City will use best efforts to make payments within thirty (30) days following receipt and review of invoice and upon complete satisfactory receipt of performance of services.

C. Invoices shall be emailed to:

Sgt. Ricardo Diaz
Santa Ana Police Department
Email: RDiaz(a,santa-ana.orq
D. City shall notify Proposer of any adjustments required to invoices.

E. Invoices shall include, at minimum:
i. City PO Number (If applicable)
ii. lnvoice number
iii. Agreement number
iv. Remit to address
v. Itemized services
vi. Course description
vii. Pricing as per agreement
viii. Instructor name
ix. Number of participants
x. Course date(s), and
xi. Shall be accompanied by acceptable proof of delivery F. Proposer shall utilize standardized invoices upon request.

IX. ACCOUNT MANAGER/SUPPORT ST AFF FOR TRAINING COURSES RFP 23-1 88A City of Santa Ana Page 24 of 47
City Council 18 – 63 11/19/2024

C. Contractor's Account Manager shall be familiar with City requirements and standards and work with the City to ensure that established standards are adhered to.

D. Contractor's Account Manager shall keep the City and ASAUA Training & Exercise Program Manager informed of requests from departments.

RFP 23-1 88A City of Santa Ana Page 25 of 47
City Council 18 – 64 11/19/2024

IWURTA EXHIBIT B
Utility Response Training Associates, LLC
iii. Deliverables and implementation plan
URTA, LLCwill coordinate with City/ ASAUASI staff to produce the following deliverables.

Initial coordination meeting. Work with City/ ASAUASI staff to create a course schedule - within 30 days of the award of a contract.

First Class Delivery- Prior to June 30, 2024. Additional classes by arrangement. URTA can provide multiple classes at the same time.

Cost Proposal
The all-inclusive proposed cost for RFP 23-188A is:

In-Person courses
Jingle delivery in personwith printed coursematerials- 97,872,7d light deliveries in person with printed course materials- %2Q1.Q This quote is valid until December 31, 2024.

URTALLC- p.o. Box 101, Oak View, CA 93022
City Council 18 – 65 11/19/2024
:=WUf2TA
VII Certifications
Utility Response Training Associates, LLC
Attachment A: Proposer's Certification and Proposal Item Pricing

CITY OF SANTA ANA

ATTACHMENT A

Utility Response Training Associates, LLC

LEGAL NAME OF COMPANY
805-701-1459

PHONE AND FAX NUMBERS
PO Box 101 0ak View, CA 93022

BUSINESS ADDRESS

PRINTED NAME OF AUTHORIZED AGENT

SIGNATURE OF AUTHORIZED AGENT
1/7/2024
DATE
TITLE
[email protected]

E-MAIL ADDRESS

FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IFAPPLICABLE)
'-PROPOS'A"LS"T'HoA'T"D"0"NaO'T"C'oOaNoTAiMiPh'T:TisE'Fo'R:D wNi'LLiUElDE.EcDoWhsTio"E"RH=E[)PhRooN'RO RFP 23-188A City oT Sanla Ana Page 38 oT47
URTALLC- p.o. Box 101, Oak View, CA 93022
City Council 18 – 66 11/19/2024
Attacliment B: References
Utility Response Training Associates, LLC

CITY OF SANTA ANA

ATT ACHMENT B

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

REFERENCE
Customer Name: Bay Area Traininq and Exercise Proqram Contact Individual: David Barnett Address: 1 Dr. Carlton B Goodlett Place Phone Number: 650-743-6687 Sai'i Frimcisco, CA 94102-4685 EMAIL: dbarnetk(a)swfd.orq Contract Amount: Awarded by Project Task Year: 2021 to present Description of supplies, equipment, or services provided: Provide IMT Training courses, including Command and General Staff, 0-305 and S-420, as well as All-Hazards Position Specific Courses.

REFERENCE
Customer Name: Oranqe County OES
Address: 2644 Santiaqo Cyn Rd
Silverado, CA 92676
Contact Individual: Miriam Aldana
Phone Number: 714-628-7674
EMAIL: ;i'icilt'lanaJa2ocsiieriff qoyi
Contract Amount: Not to Exceed $300,000 Year: 2023 to present Description of supplies, equipment, or services provided: Provide ICS 300 and 400 Courses, including student registration and flyers

REFERENCE
Customer Name: Pierce County Emerqency Mqmt. Contact Individual: Emily Cunninqham Address: 950 Fawcett Ave Suite 100 Phone Number: 253-798-7428 Tacoma. WA 98402 EMAIL: [email protected] Contract Amount: $123,280 Year: 2022 and 2023
Description of supplies, equipment, or services provided: Deliver ICS AHIMT Position Specific Training Courses. customized ' scenarios for all courses.

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONT AIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

RFP 23-188A City ol Sanla Ana Page 39 of 47
URTALLC- p.o. Box 101, Oak View, CA 93022
City Council 18 – 67 11/19/2024
ffiWUQTA
Utility Response Training Associates, LLC
Attacl'unent C: Proposer's Statement

CITY OF SANTA ANA

ATTACHMENT C

PROPOSER'S ST ATEMENT
Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafier 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 conect 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, drafi, 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 setforth 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 Firm Utility Response Traininq Associates, LLC
R. Ranqer Dom
Title: Manaqinq Partner
Date January 7, 2024
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URTALLC- p.o. Box 101, Oak View, CA 93022
City Council 18 – 68 11/19/2024
IWUQTA
Utility Response Training Associates, LLC
Attacliment D: Non-Collusion Affidavit

CITY OF SANTA ANA

ATT ACHMENT D

NON-COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY' OF SANTA ANA
In accordance with Title 23 United States Code Section Il 2 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership. company, association, organization, or corporation; that the proposal is genuine and not collusive or sham: that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer. or to secure any advantage against the public body awarding the contract of anyone interested tn the proposed contract; that all statements contained in the proposal are true and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal.

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

Notary Public Signature Notary Public Seal
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URTALLC- p.o. Box 101, Oak View, CA 93022
City Council 18 – 69 11/19/2024
mWUQTA
Attaclunent E: Non-Lobbying Certification

CITY OF SANTA ANA
Utility Response Training Associates, LLC

ATT ACHMENT E

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

The prospective participant also agrees by submitting his or her bid or proposal that he or she shall $100,000 and that all such subrecipients shall certify and disclose accordingly.

Title:

Firm'
Date:

Manaqinq Partner
Utility Response Traininq Associates, LLC
January 7, 2024
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RFP 23-188A Clty of Sanla Ana Page 42 ol 47
URTALLC- p.o. Box 101, Oak View, CA 93022
City Council 18 – 70 11/19/2024
Attacliment F: Non-Discrimination Certification
Utility Response Training Associates, LLC

CITY OF SANTA ANA

ATT ACHMENT F

NON-DISCRIMINATION CERTIFICATION
The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows:
1 The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertistng; 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.

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

1. IntheeventoftheConsultant'snon-compliancewiththenondiscriminationclausesofthiscontractor 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 subcontrad or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 4'1246 of September 24, 1965, so that such provisions will be binding upon each subcontract RFP 23-188A City oT Sanla Ana Page 43 of 47
URTALLC- p.o. Box 101, Oak View, CA 93022
City Council 18 – 71 11/19/2024
WUQTA
Utility Response Training Associates, LLC

Signed:
-ta' k
Title: Manaqinq Partner
Firm: Utility Response Traininq Associates, LLC
Date: January 7, 2024
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URTALLC- p.o. Box 101, Oak View, CA 93022
City Council 18 – 72 11/19/2024
IWUQTA
Utility Response Training Associates, LLC
Attacliment G: SAM.GOV Uniqrie Entity ID (UEI) Verification

CITY OF SANTA ANA

ATTACHMENT G
SAM.GOV UEI VERIFICATION
On April 4, 2022, the federal government stopped using the DUNS Numberto uniquely identify entities.

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

Please see URTA, LLC's SAM.gov registration confirmation below. i.l'l:.11{i"l:"ir".)il"il' kl!i'.lilitilr:.i:',;ClCltl'iES,LLC *ACill.ieReglSttatlOl1 En:ity u'uqueEviloy10
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URTALLC- p.o. Box 101, Oak View, CA 93022
City Council 18 – 73 11/19/2024

ATTACHMENT H

EIWUQTA
Utility Response Training Associates, LLC
Attacliment: Certification
Certification Regarding
Debarment, Suspension, Ineli@ibility and Voluntary Exclusion Lower Tier Covered Transactions
Tliis certification is required by t)ie 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 Vll of the May 26, 1988, Federal Register (Pages 19160-19211), and as subsequently amended in 81 Federal Register 25585. (Before completlng certification, read instructions which are an integral part of certification)

1. Pursuant to 2 CFR180.335, the prospective primary participant, (i.e. grantee) certifies to the best or 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 orlocal) terminated within the preceding three years for cause or default.

2. Wheretheprospectiveprimaryparticipantisunabletocertifytoanyofthestatementsinthis certification, such prospective participant shall attach an explanation to this proposal.

Consultant
R. Ranger Dorn, Managing Partner
Name and Title of Official Authorized to Certify
On Behalf of the Consultant
January 7, 2024
Date
RFP 23-18aA City of Santa Ana Page 46 of 47
URTALLC- p.o. Box 101, Oak View, CA 93022
City Council 18 – 74 11/19/2024

AGREEMENT WITH SENSEMAKERS LLC, AND THE

CITY OF SANTA ANA TO PROVIDE ASAUA/UASI TRAINING
THIS AGREEMENT is made and entered into on this 19' day ofNovember, 2024 by and between SenseMakers, LLC, ("Contractor"), and tlie City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (' l C sa t y )) ).

RECIT ALS
A. On Decemberl8, 2023, the City issued Request for Proposals No. 23-1 89A (RFP), by which it sought proposals from qualified firnns and organizations to provide G-611 Series EOC/Position Specific Training courses of instruction, on behalf of the Anaheim/Santa Ana Urban Area (ASAUA). This program is designed to provide the ASAUA's stakeliolders with the regional training and exercises necessary to meet the goals and objectives set forth in the ASAUA's Homeland Security Strategy
B. The United States Department of Homeland Security, Federal Emergency Management Agency, has developed ASAUA to enhance the domestic preparedness of urban areas by ensuring that first responders have adequate and appropriate equipment and training to prevent, respond to, and recover from acts of te'irorism. ASAUA allocates a set percentage of its anmial United States Department of Homeland Security's Urban Areas Security Initiative (UASI) grant allocations to fund training and exercises. Training courses and exercises requested through the ASAUA Homeland Security Regional Training and Exercise Program will be paid in pait or in full with funding from the United States Department of Homeland Security's Urban Areas Security Initiative (UASI) grant.

Funding from tis grant is applied to homeland security related training, exercises, equipment, and projects in the ASAUA.

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

D. In undertaking the perfoimance 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 consulting fiim in the field.

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

1. SCOPE OF SERVICES
Contractor shall perfoim during the teim of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the setavices described and set forth in Scope of Services - Exhibit A, provided in the RFP, attached hereto and incorporated by reference.

EXHIBIT 3
City Council 18 – 75 11/19/2024

2. COMPENSATION
a. Contractor shall be paid only for actual services perfornned under this Agreement at the rates identified in Contractor's Cost Proposal - Exhibit B. The cost per class series is $41,450, The total for three series of classes, and the amount to be expended during the term of this Agreement shall not exceed $124,350.
b. Payment by City shall be made within foity-five (45) days following receipt of 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.

Payment need not be made for work which fails to meet the standards of perfoimance set foith in the Recitals which may reasonably be expected by City.

3. TERM
This Agreement shall commence on the date first written above for an initial three (3) year term with the option for the City to grant up to two (2), one (l)-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless teiminated earlier in accordance with Section 17, below.

4. PREY AILING WAGES
Contractor is aware of the requirements of Califotania Labor Code Section 1720, et seq., and 1770, et seq., as well as Califoinia Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require tlie payment of prevailing wage rates and the performance of otlier requirements on "public works" and "i'naintenance" 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 hamiless 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 teim 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 perfornns 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 City Council 18 – 76 11/19/2024
security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.

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 peipetual license for any Documents & Data the subcontractor prepares under this Agreement.

Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within tlie purposes intended by this Agreement shall be at City's sole risk.

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

MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Fori'n CG 00 01covering CGL on an "occurrence" basis, including products and completed operations, propeity damage, bodily injury and personal & adveitising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Required policy limits can be met with primaiy and umbrella/excess insurance policies.

2. Automobile Liability (AL): Insurance Services Office Foim CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance.

3. Workers' Compensation (W/C): as required by the State of California, with Statutory Lin'iits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance.

City Council 18 – 77 11/19/2024

4. ProfessionalLiabilityInsurance(PL):withlimitsnolessthan$2,000,000peroccurrence or claim, and $4,000,000 aggregate.

If Contractor maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Where the policy limits are greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incoiporated by reference in to the Agreement.

Other Insurance Provisions
The above required insurance policies are to contain or be endorsed to contain the following provxstons:

1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Contractor's CGL, PL, and AL policies, with respect to any liability arising out of work or operations perfoimed by or on behalf of the Instructor including materials, paits, equipment, and personnel furnished in connection with such work or operations.

2. Contractor and it's Insurance company(ies) agrees to waive all riglits of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the ternns of the CGL, AL, PL, and W/C policies, arising from work perfoimed by Contractor under this Agreement.

4. A severability of interest provision must apply for all the additional insureds, ensuring that Contractor's insurance sliall apply separately to each insured against whom a claim is made or suit is brought, except witli respect to the insurer's limits of liability.

5. Insurance policies required 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 thiity (30) days prior wiitten notice has been given to City. Ten (10) days prior wiitten notice shall be provided to City forpolicy cancellation or non-renewal due to non-payment of premium.

6. Certificate Holder on each Evidence of Insurance ceitificate shall be: City of Santa Ana, Attention: City Attorney's Office, 20 Civic Center Plaza, Santa Ana, CA 92701.

The name and location of project must be included in the Description of Operations section of each certificate.

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

City Council 18 – 78 11/19/2024
Verification of Coverage
Contractor shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Contractor's obligation to provide them.

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

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

City Council 18 – 79 11/19/2024

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

11. CONFIDENTIALITY
If Contractor receives from the City infoimation which due to the nature of such infoimation is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such infoimation except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own infoimation of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic infoimation. Confidential infoimation includes not only written infori'nation, but also infotmation transferred orally, visually, electronically, or by other means. Confidential information disclosed to either paity by any subsidiary and/or agent of the other paity is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any infoimation 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 law; or (e) is independently developed by the Contractor without reference to infoimation disclosed by the City.

12. CERTIFICATIONS
The funds used to pay for this Agreement will be paitly comprised of federal grant funds.

Contractor agrees and understands that it will comply with the terms of the Ceitifications attached hereto as Attachment A-Proposer's Certification, Proposal Pricing, Attachment B-References, Attachment C-Proposer's Staten'ient, Attachment D-Non-Collusion Affidavit, Attachment ENon-Lobbying Cettification, Attachment F-Non-Discrimination Ceitification, Attachment GSAM.GOV EUI Verification, Attachment H-Ceitification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions, incoiporated by reference into this Agreement. Contractor may be referenced as Contractor, Paiticipant or Proposer in Attachments A-H. Contractor shall keep itself informed of all City, State and Federal laws and regulations which may, in any manner, affect the perfonnance of it setavices pursuant to this Agreement. Contractor shall at all times, observe and comply with all such laws and regulations.

City and its officers and employees shall not be liable at law or in equity by reason of the failure of the Contractor to comply with this paragraph.

City Council 18 – 80 11/19/2024

14. NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, maiital 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, teimination or other employment related activities or any services provided under this Agreement. Contractor affiims that it is an equal oppoitunity employer and shall comply with all applicable federal, state and local laws and regulations.

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

16. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Noting in this Agreement shall be construed to limit tl'ie City's ability to liave any of tlie services which are the subject to tliis Agreement perfonned by City personnel or by other Contractors retained by City.

17. TERM[NATION
This Agreement may be teiminated by the City upon thiity (30) days written notice of teimination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all setavices perfoimed by Contractor prior to receipt of such notice of teimination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case City Council 18 – 81 11/19/2024
such work product shall be the propeity 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 which fails to meet the standard of performance specified in the Recitals of this Agreement.

19. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of Califoiia and the validity, interpretation, perfornnance, and enforcement of any of the clauses of this Agreement shall be determined and govetned by the laws of the State of Califoiia. Both paities fiuther agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in coru'iection with or by reason of this Agreement.

20. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, peimits, 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 Califoinia, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for teimination of this Agreement.

21. FEDERAL REGULATIONS
SenseMakers, LLC shall comply with all applicable contractual provisions required by the United States Office of Management and Budget (OMB), as set for the in 2 CRF Pait 200, whether or not expressly set forth in this document, including but not limited to those provisions set foith below. Notwithstanding, anything to the contrary herein, including without limitation , the language in this Agreement, the actual language contained in federal statutes, federal regulations, federally promulgated mateiials and state statutes, shall control in deteimining any obligations under federal law in the event of a conflict with any tetms, language or provisions contained in this Agreement. SenseMakers, LLC shall not perfortn any act, fail to perfoim any act, or refuse to comply with any requests, which would cause City to be in violation of the federal teims and conditions.
a. Federal Regulations - Recipient must comply with the goveinment cost principles, unifoim administrative requirements and audit requirements for federal grant program housed within Title City Council 18 – 82 11/19/2024
2, Part 180 of the Code of Federal Regulations.
b. Debaiment and Suspension - As required by Executive Orders 12549 and 12689, and 2 CFR §200.214 and codified in 2 CFR Pait 200, Recipient must provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal goveinment.
c. Audit Records - With respect to all matters covered by this agreement all records shall be made available for audit and inspection by CITY, the grant agency and/or their duly authorized representatives for a period of three (3) years from the date of submission of the final expenditure repoit by the City of Santa Ana. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Recipient shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Recipient shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Recipient, upon request during usual working hours.
d. Repoits - Recipient shall provide to City all records and infori'nation requested by City for inclusion in quarterly reports and such other reports or records as City may be required to provide to the agency from which City received grant funds or other persons or agencies. e. Section 504 of the Rehabilitation Act of 1973 (Handicapped) - All recipients of federal fiinds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the participation in, be denied the benefits of or be subject to disciimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The Recipient agrees it will ensure that requirements of Tlie Act shall be included in the agreements with and be binding on all of its contractors, subcontractors, assignees or successors.
f. Ai'nericans with Disabilities Act of 1990 - (ADA) Recipient must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. g. Political Activity - None of the funds, materials, propeity, or setavices provided directly or indirectly under this agreement shall be used for any paitisan political activity, or to fuither the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act".
h. No Lobbying - Recipient will comply with all applicable lobbying prohibitions and laws, including those found in the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352, et seq.), and agrees that none of the funds provided under tliis award may be expended by the Recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in City Council 18 – 83 11/19/2024
connection with any federal action conceining the award or renewal of any federal contract, grant, loan, or cooperative agreement.
i. Non-Discrimination and Equal Oppoitunity - Recipient will comply, and all its contractors (or subrecipients) will comply, with Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975, as amended; Drug Abuse Office and Treatment Act of 1972, as amended; Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended; Section 523 and 527 of the Public Health Service Act of 1912, as amended; Title VIII of the Civil Rights Act of 1968, as amended; Depaitment of Justice Non-Discrimination Regulations, 28 CFR Pait 42, Subpaits C, D, E, and G; and Depaitment of Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a Federal or State couit, Federal or State administrative agency, or the Recipient makes a finding of disciimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the Recipient will forward a copy of the findings to CITY which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Depaitment of Justice. If applicable, recipient will comply with the equal oppoitunity clause in 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375.
j. Equal Employment Opportunity - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Depaitment of Labor regulations (41 CFR chapter 60), as applicable.
k. Public Contracts Code - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Califoinia Public Contract Code Section 10295.3, as applicable.

1. Copeland "Anti-Kickback" Act - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of tlie Copeland "Anti-Kickback" Act (40 U.S.C. 3145) as supplemented in Depaitment of Labor regulations (29 CFR Pait 3), as applicable. m. David-Bacon Act - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Davis-Bacon Act (40 U.S.C. 3141-3144 and 3146-3148) as supplemented by Depaitment of Labor regulations (29 CFR Pait 5), as applicable. n. Work Hours and Safety - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3702 and 3704) as supplemented by Depaitment of Labor regulations (29 CFR Part 5), as applicable.
o. Clean Air Act - Recipient will comply, and all its contractors (or subrecipients) will comply, with all applicable standards, orders or requirements issued under the Clean Air Act (42 City Council 18 – 84 11/19/2024
U.S.C. 7401-7671q), and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as applicable.
p. Energy and Conservation - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Energy Policy and Conservation Act (42 U.S.C. 6201), as applicable.
q. Waste Disposal - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as applicable. r. Patent Rights - Recipient agrees that the Depaitment of Homeland Security shall have the authority to seek patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement based on the requirements of 37 CFR§ 401 and any other implementing regulations, as applicable.
s. Copyright - Recipient may copyright any books, publications or other copyrightable materials developed in the course of or under this Agreement. However, the federal awarding agency, State Administrative Agency (SAA) and City reserve a royalty-free, non-exclusive, and itrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government, SAA and/or City purpose:
(1) the copyright in any work developed tmough this Agreement; and (2) any rights of copyright to wich the subcontractor purchases ownership with support t)irougli tliis grant. Tlie Federal government's, SAA's and City's rig]its identified above i'nust be conveyed to the publisher and the language of the publisher's release form must ensure the presetavation of these rights.
t. Equal Employment in Construction Contracts - Pursuant to Equal Employment Oppoitunity requirements of 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375, as to any consttauction contract thereunder, if applicable, during the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employi'nent because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; reciuitment or reciuitment adveitising; layoff or teimination; rates of pay or other foims 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 foith the provisions of this nondiscrimination clause.

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(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other maru'ier 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 infoimation of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such infoimation, unless such disclosure is in response to a foimal complaint or charge, in fuitherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish infoimation.
(4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's coinmitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the iules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will fuinish all infonnation and reports required by Executive Order 11246 of September 24, 1965, and by iules, 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 asceitain compliance with such iules, regulations, and orders.
(7) In the event of the contractor's noncompliance with the nondisciimination clauses of this contract or with any of the said taules, regulations, or orders, this contract may be canceled, teiminated, or suspended in whole or in pait and the contractor may be declared ineligible for fiuther Govert'unent contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by iule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the poition of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) tmough (8) in every subcontract or purchase order unless exempted by iules, 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.

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u. Prohibition on Ceitain Telecommunications and Video Sutaveillance Services or Equipment - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements under Uniform Guidance 2 CFR §200.216. Recipient will comply with FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds on Covered Telecommunications Equipment or Services (Interim), which prohibits grant recipients and subrecipients from obligating or expending loan or grant funds to procure or obtain, extend or renew a contract to procure or obtain, or to enter into a contract (or extend or renew a contract) to procure or obtain equipment, setavices, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as pait of any system.

As described in Public Law 115-232, section 889, covered telecommunications equipment:
(1) Telecoinmunications equipment produced by Huawei Technologies Company or ZTE Coiporation (or any subsidiaiy or affiliate of such entities). (2) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastiucture, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
(3) Telecommunications or video surveillance services produced by such entities or using such equipment.
(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the goveini'nent of a covered foreign country. v. Domestic Preferences for Procurements/Subcontracts - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements under Unifoim Guidance 2 CFR §200.322.

Recipient shall comply with the federal and recipient standards in the award of any subcontracts.

For puiposes of this Agreement, subcontracts shall include but not be limited to purchase agreements, rental or lease agreements, third paity agreements, consultant service contracts and construction subcontracts.

Recipient shall ensure that the terms of this Agreement with the CITY are incorporated into all Subcontractor Agreements. The recipient shall submit all Subcontractor Agreements to the CITY for review prior to the release of any funds to the subcontractor. The recipient shall withhold funds to any subcontractor agency that fails to comply with the tetams and conditions of this Agreement and their respective Subcontractor Agreement.

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(l) Recovered Materials
Recipient shall make maximum use of products containing recovered materials that are EPAdesignated items unless the product cannot be acquired competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract perfornnance requirements; or at a reasonable price.

Infoimation about this requirement, along with the list of EPA-designated items, is available at EPA's Compreliensive Procurei'nent Guidelines webpage:
https://www.epa.gov/smrn/comprehensive-procurement-guideline-cpg-program.

The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.
(2) Domestic Preference for Procurements
Recipient should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products.

For putposes of this clause:

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.

Manufactured products mean items and construction materials composed in whole or in part of non-fetarous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. w. Ten'nination for Cause and Convenience - Should recipient fail for any reason to comply with the contractual obligations of this agreement within the time specified by this Agreement, the CITY reserves the right to ternninate the Agreement, reserving all rights under state and federal law.
x. Contractual/Legal Remedies for Breach of Contract - Should recipient fail for any reason to comply with the contractual obligations of this Agreement and/or willfully, knowingly or negligently breach any teim, condition or requirement of the agreement, City may impose sanctions including but not limited to damages (liquidated damages and or penalties) and /or any other remedy available pursuant to the Agreement of the laws then in effect.

22. 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:

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To City:

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

Chief of Police
City of Santa Ana
20 Civic Center Plaza (M-96)
P.0. Box 1988
Santa Aria, Califoiia 92702
To Contractor:

Mike Hooper, Vice President
SenseMakers LLC
2401 E. Katella Avenue, Ste. 610
Anaheim, CA 92806
[email protected]
A paity may change its address by giving notice in wiiting to the other paity. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, com+'nunication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or ceitified, with postage prepaid, and addressed as set foith above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set foith on the transmission repoit issued by the transmitting facsimile machine, addressed as set foith above. For puiposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.

23. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective paities to each of the terins 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 foith in the body of this Agreement.
[Signatures on following page]
City Council 18 – 89 11/19/2024
IN WITNESS WHEREOF, the paities hereto have executed this Agreement the date and year first above written.

ATTEST: CITY OF S.=U'STTAANA
JENNIFER L. HALL
City Clerk
APPROVED AS TO FORM:

SONIA R. CARVALHO
City Attorney
Senior Assistant City Attorney

ALV ARO NUNEZ
City Manager

SENSEMAKERS, LLC
J E-r%
By: James E. Bailey
Title: President
RECOMMENDED FOR APPROVAL:

ROBERT RODRIG?JEZ
Acting Chief of Police
City Council 18 – 90 11/19/2024

EXHIBIT A

CITY OF SANTA ANA

EXHIBITI

SCOPE OF SERVICES

1. REQUIREMENTS
A. The specific requirements of this RFP have been listed in Section II.

II. TRAINING COURSE(S)
A. ASAUA requires seminars, training courses in the following specific disciplines:
i. Training Request for: G-61 1 Series EOC/Position Specific Training Courses Ill. MINIMUM REQUIREMENTS
A. Availability to conduct up to a total of three (3) series deliveries of the training by the end of the term of the contract. Each delivery must consist of each of the following:

B. The first training must be conducted no later than July 31, 2024 C. Name of Courses:
i. G61 1 M EOC Management Section Training (8 hour course) ii. G6110EOCOperationsSectionTraining(8hourcourse)
iii. G61 1 P EOC Planning & Intel Section Training (8 hour course) iv. G61 1 L EOC Logistics Section Training (8 hour course) v. G61 I F EOC Finance & Admin Section Training (8 hour course) D. Course Description: This course trains participants on key Emergency Operations Center (EOC) positions based on the state OES EOC Section/Positions. The G61 1 series of Logistics, Finance, Planning and Intel, Management, and Operations will include section overview, purpose of the section, a review of the position(s), roles and responsibilities, and forms and processes.
i. Number of Deliveries Being Requested: Up to 3
ii. Number of Students per Delivery: Minimum of 16 students E. Responsibilities of the City of Santa Ana and the Anaheim/Santa Aha Urban Area:
i. Classroom with space to arrange students in groups
ii. Audio/\/isual Equipment
iii. Multiple easels, dry erase board, and markers
F. Responsibilities of the Training Provider:
i. Laptop
ii. Presentation & training aids
iii. Professional instruction
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CITY OF SANTA ANA
G. Notice to Respondends:
i. All responses to this solicitation shall become property of the City of Santa Ana, and responses will become public record after issuance of Purchase Order.

Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. ii. Contractor shall conduct training courses at various locations/venues within the ASAUA.
iii. Contractor shall prepare course flyers, register attendees, record attendance by signed roster, provide certificates of completions, and verify course completion by the participants.
iv. Contractor shall prepare and present specified training courses. Course material shall be available at the time the training is provided for each of the training courses the proposer has outlined in their proposal.
v. All training courses presented must meet state and federal guidelines and be approved by Cal OES and DHS for reimbursement under the Homeland Security Grant Program prior to delivery. Refer to the Cal OES website at:
http://www.caloes.ca.qov/cal-oes-divisions/california-specialized-traininq-institute and the DHS website at: https://www.fema.qov/traininq for further information regarding state and federal guidelines for Department of Homeland Security grants. If any portion of the training course occurs outside of the classroom, an Environmental & Historic Preservation (EHP) approval must be obtained from FEMA/Cal OES prior to delivery of the course. The EHP approval is location specific and if an EHP approval is required, one must be obtained for each location where the course is delivered. It shall be the responsibNity of the Proposer to complete all of the forms and documentation necessary to obtain the Exercise Program Manager will assist the Proposer with the submission of the requests for approval. The City shall not be billed for any costs associated with obtaining these approvals.
vi. Contractor shall provide all required training material, handouts, course syllabus and/or written curriculum
vii. Contractor shall collect written survey comments/course evaluations from participants at the conclusion of every course offered. Survey/course evaluations will be conducted in a manner specified by the City. A standardized course survey form will be provided to the successful proposers. A record of responses shall be maintained throughout the term of the agreement by Contractor, and organized by training course, date, instructor, etc. Frequently mentioned comments shall be reported to City Project Manager. Electronic reporting shall be made available to the City upon request
viii. City reserves the right to cancel training courses with fourteen (14) calendar days' notice of delivery date. City shall not be charged for the class, travel costs, or training materials by Contractor if cancellation occurs within this period.

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ix. City reserves the right to cancel training courses with fourteen (14) calendar days' notice of delivery date. City shall not be charged for the class, travel costs, or training materials by Contractor if cancellation occurs within this period. x. Contractor shall provide and assign high quality instructors on a consistent basis to deliver the specified courses.
xi. All instructors shall use the methods suggested by the training protocols established, such as maintaining and updating each training syllabus; introducing and following objectives for each class; completing training as described; and utilizing training aids such as audio/visual systems.
xii. Contractor and all its instructors shall provide immediate feedback to the City via the ASAUA Homeland Security Regional Training and Exercise Program Manger regarding all customer requests for new or additional services or to file complaints.
xiii. Contractor will be paid for services rendered. Training days are generally eight (8) hours long (e.g. 8AM-5PM), including a one (1) hour lunch break. Schedule should include regular breaks on a 50/1 0 break ratio - for every fifty (50) minutes of instruction, there should be a ten (10) minute break. Half days are defined as four (4) hours or less of curriculum.
xiv. Training venues may be provided by the City or by hosting agencies based on the needs of the course. Contractor must be able to secure training sites at any of the jurisdictions within the ASAUA.
xv. All Contractor-developed courses must be approved by California Office of Emergency Services (Cal OES) for reimbursement under the Homeland Security prepare all forms and documentation necessary to obtain all course approvals at its cost. The ASAUA Homeland Security Regional Training and Exercise Program Manager will aSSiSt Contractor with the submission of the requests for approval. The City shall not be billed for any costs associated with obtaining these approvals.
xvi. The anticipated start date of this agreement is Summer of 2024. Usage under this agreement will begin at this time.
xvii. Depending on the training or exercise, Contractor's instructors and courses may be required to be California Peace Officer Standards & Training (POST) certified or California State Fire Marshal approved. It shall be the responsibility of the Contractor to obtain all POSTcertifications and California State Fire Marshal course approvals at its cost. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist Contractor with the submission of the requests for certifications and approval. The City shall not be billed for any costs associated with obtaining these certifications and approvals. xviii. A list of "approved" courses is available from Cal OES at www.caloes.ca.gov and a list of Federal Emergency Management Agency (FEMA) approved classes is available at www.fema.qov/traininq
RFP 23-1 89A City of Santa Ana Page 21 of 47
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xix. Contractors are responsible for providing all course materials and delivering it to the site(s) of all training at their cost.
xx. Contractor must work with the ASAUA Homeland Security Regional Training and Exercise Program Manager and requesting agencies to coordinate the training calendar and venue.
xxi. When required, Contractor must obtain the applicable certifications for developed courses before training begins. The need for certification will be determined by the ASAUA Training & Exercise Program Manager. It shall be the responsibility of the Contractor to complete all forms and documentation necessary to obtain the required certifications at its cost. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist the Proposer with the submission of the requests for certification. The City shall not be billed for any costs associated with obtaining these certifications.
xxii. Contractor will be required to obtain Emergency Medical Association (EMA) or Emergency Management Institute (EMI) certification on developed courses at its cost if the course content contains materials that require state and/or federal certification. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist the Contractor with the submission of the requests for certification. The City shall not be billed for any costs associated with obtaining these certifications.
xxiii. Contractor may not charge the City for materials brought to the class that are not utilized.
xxiv. Contractor may not charge the City for materials brought to the class that are not xxv. Proposers may be selected to provide training based on their expertise within a specific discipline:

1. ICS-400: Avanced Incident Command System (ICS)
xxvi. Contractors shall ensure that training participants are members of agencies or organizations located or operating within the ASAUA, or have been approved by the ASAUA Training & Exercise Program Manager or his designee. xxvii. Contractor shall ensure that, when required, an Environmental Historic Preservation (EHP) approval has been issued to the ASAUA before delivery of the training course. It shall be the responsibility of the Proposer to complete all forms and documentation necessary to obtain the required EHP approvals at its cost. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist Contractor with the submission of the requests for approval.

The City shall not be billed for any costs associated with obtaining these approvals.

IV. DELIVERABLES / REPORTS FOR TRAINING COURSES
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A. Course Surveys/Evaluations
i. Course surveys/evaluations results will be tabulated and scored by Contractor.

Summary of the results will be provided to the ASAUA Training & Exercise Program Manager.
ii. Completed course survey/evaluation forms will be provided to the ASAUA Training & Exercise Program Manager within 30 days of delivery of the training course.

B. Contractor must provide course flyers for all training courses to be delivered at its cost.

V. QUANTITIES FOR TRAINING COURSES
A. Quantities listed herein are estimates and are not to be construed as a commitment. No minimum or maximum is guaranteed or implied.

Vl. PRICING FOR TRAINING COURSES
A. Unless otherwise stated, Proposer agrees that, in the event of a price decline, the benefit of such lower price shall be extended to the City.

B. All prices are to be F.O.B. destination. Any freight/delivery charges are to be included.

C. All prices quoted shall be in United States dollars and "whole cent," no cent fractions shall be used. There are no exceptions.

D. Pricing shall include any and all payment incentives available to the City.

E. Proposers are advised that in the evaluation of costs, if applicable, it will be assumed the unit price quoted is correct in the case of a discrepancy between the unit price and an extension.

F. Federal and State minimum wage laws apply. The City has no requirements for living wages. The City is not imposing any additional requirements regarding wages.

V11.AWARD FOR TRAINING COURSES
A. City reserves the right to reject any or all responses that materially differ from any terms contained in this RFP, from any Exhibits attached hereto, or from any subsequent addenda; to waive informalities and minor irregularities in responses received; and to RFP 23-1 89A City of Santa Ana Page 23 of 47
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CITY OF SANTA ANA
provide an opportunity for Proposers to correct minor and immaterial errors contained in their submissions. The decision as to what constitutes a minor irregularity shall be made solely at the discretion of the City.

B. The City reserves the right to award an agreement to a single Proposer or multiple Proposers.

C. The City has the right to decline to award an agreement or any part thereof for any reason.

D. City Council approval to award an Agreement pursuant to this RFP will be required.

E. Any agreement must be negotiated, finalized, and approved by the recommend Contractor prior to City Council approval.

F. RFP specifications, terms, conditions, and Exhibits, RFP Addenda, and Proposals, may be incorporated into and made a part of any agreement that may be awarded as a result of this RFP.

Vlll. INVOICING FOR TRAINING COURSES
A. Proposer shall invoice the City, unless otherwise advised, upon satisfactory receipt of performance of services.

B. City will use best efforts to make payments within thirty (30) days following receipt and review of invoice and upon complete satisfactory receipt of performance of services.

C. Invoices shall be emailed to:

Santa Ana Police Department
Email: RDiaz(Qsanta-ana.orq
D. City shall notify Proposer of any adjustments required to invoices.

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CITY OF SANTA ANA
IX. ACCOUNTMANAGER/SUPPORTSTAFFFORTRAININGCOURSES
A. Proposershal1provideadedicated,competentAccountManagerwhosha11beresponsib1e for the City's account/agreement. The Account Manager shall receive all orders from the City and shall be the primary contact for all issues regarding the Proposer's response to this RFP and any agreement which may arise pursuant to this RFP.

B. Proposer shall also provide adequate, competent support staff that shall be able to service the City during the working hours of 7:00AM - 5:00PM PST, Monday through Friday. Such representative(s) shall be knowledgeable about the agreement, training offered, and able to identify and resolve quickly any issues included, but not limited to order and invoicing problems.

C. Contractor's Account Manager shall be familiar with City requirements and standards and work with the City to ensure that established standards are adhered to.

D. Contractor's Account Manager shall keep the City and ASAUA Training & Exercise Program Manager informed of requests from departments.

RFP 23-1 89A City of Santa Ana Page 25 of 47
City Council 18 – 97 11/19/2024

EXHIBIT B
ASAuASI G.611 SERIES EOC/POSITION SPECIFIC TRAINING SERVICES Cost Proposal
SenseMakers has prepared an extremely competitive cost proposal for the Anaheim/Santa Ana UASI. Our normal pricing schedule is based on a per-course formula as approved by the California State Commission on Police Officers Standards and Training. SenseMakers is aware that the UASI has limited funds for this training and is proposing a fair and reasonable price structure, with options including:

Reduced travel costs due to the scheduling of local instructors Participants to supply meeting facilities
In-house printing or all necessary course materials
The cost of one (1) I-day (8 hours)course is approximately$8,290.00.The total cost for 1 iterationof the full G-611 series is approximately$41,450.00.

SenseMakers 20 Request for Proposal:

RFP NO. 23-189A
City Council 18 – 98 11/19/2024

CITY OF SANTA ANA

ATTACHMENT A

SenseMakers LLC 657-223-8532

LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS
2401 E. Katella Avenue, Suite 610, Anaheim, CA 92806

BUSINESS ADDRESS
James E. Bailey President

PRINTED NAME OF AUTHORIZED AGENT TITLE
'- c, 'pX 1/11/2024 [email protected]

SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS
46-3319261 N/A
FEDERAL iD NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IFAPPLICABLE)
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

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

City Council 18 – 99 11/19/2024

CITY OF SANTA ANA

ATT ACHMENT B

REFERENCES
List agTh descrabefully the pefor by yourfirmwhi6 demonsbmeyour ah-lily to pmmje the supplm, eqmprnent or senroes induded : the soope of the prl spedam Attadi additimal paqes d requied The City resaws ffiie r$ht to aintad eadi of the ret'eren l for addiUonal infomn regarding yourfirm's qualifions

REFERENCE
Customer Name: BaYArea UASI
Address: 1663 MiSSiOnStreeti Ste. 320
San Francisco, CA 94103
Contact Individual: Cor'nne Baris"!re
Phone Number 4"-861-90o5
Email: [email protected]
Contract Amount: Multiple contract awards Year: 2013 - Present Description of supplies, equipment, or services provided:

Since 2013, SenseMakers LLC provided training and exercise services under the Bay Area Training and Exrercise Program.

REFERENCE
California Specialized Training
Customer Name: Institute (CSTI) Contact Individual: AleXCa5assa Address: 10SonomaAvenue,Bldg.904 Phone Number 916-845-8752 Contract Amount: Multiplecontractawards Year: :oos - Present Description of supplies, equipment, or services provided:

Various Emergency Preparedness Trainings.

REFERENCE
(,u3iomer %ame: SantaAna POljCeDepar(mem (,onlacj l(ldjvidual HenryEsparza Address: 60 Civic CenterPlaza
Santa Ana, CA 92702
Phone Number: 714-245-8410
Email: [email protected]
Contract Amount: Multiplecontractawards Year: :o'i: - Present Description of supplies, equipment, or services provided:

Since 2012, SenseMakers LLC provided training and exercise services under the ASAUASI Training and Exrercise Program.

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONT AIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

City Council 18 – 100 11/19/2024

CITY OF SANTA ANA

ATT ACHMENT C

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.

All terms contained in the specifications, the certification of nondiscrimination by contractors, and the ired insurance certificates are to be incorporatedbyreferenc3into this agreement and are made specifically as part of this RFP.

Firm SenseMakersLLC
Signed and Printed Name: 'J"" C'C'!X
Title President
Date January11,2024
James E. Bailey
THIS FORM MUST BE COMPLETED AND INCLuDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONT AIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

City Council 18 – 101 11/19/2024

CITY OF SANTA ANA

ATT ACHMENT D

NON-COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and Public Contrad Code Section 7106) To the CITY OF SANTA ANA
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly Or indirectly colluded, conspired, connived Or agreed with any prOpOSer Or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the prOpOSer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or (O fiX an'5/ OVerhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directiy or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal.

Z
! x A'
uPublic ignature Notary Public Seal
THIS FORM MUST BE COMPLETED AND NCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONT AIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

City Council 18 – 102 11/19/2024

CITY OF SANTA ANA

ATTACHMENT E

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.

Title:

Firm:

Date:

President
SenseMakers LLC
January 11, 2024
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONT AIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

City Council 18 – 103 11/19/2024

CITY OF SANTA ANA

ATT ACHMENT F

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

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 or the notice in conspicuous places available to employees and applicants For employment.

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

5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders.
"1. IntheeventoftheConsultant'snon-compliancewiththenondiscriminationclausesofthiscontractor 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 or September 24, '1965, so that such provisions will be binding upon each subcontract City Council 18 – 104 11/19/2024

Signed:

Title:

Firm:

Date:
3-c-e$X
President
SenseMakers LLC
January 11, 2024
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONT AIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

City Council 18 – 105 11/19/2024

CITY OF SANTA ANA

ATT ACHMENT G
SAM.GOV UEI VERIFICATION
On April 4, 2022, the federal government stopped using the DUNS Number to uniquely identify entities.

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

THIS FORM MUST BE COMPLETED AND INCLuDED WITH THE PROPOSAL.

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

City Council 18 – 106 11/19/2024
!!!SAM.eovo
Ent!7 WorkSpace ReSu(tS i TotalResults

SENSEMAKERS LLC
Unique Entity ID: CJ7NZTXMVKC5
CAGE/NCAGE:7AWH2
Entity Status: Active Registration
Doing Business As:

PhysicalAddress:
2401 E KATELLA AVE STE 610

ANAHEIM , CA
Expiration Date:

November 42, 2024
Purpose of Registration:

All Awards
92806-5939 USA
City Council 18 – 107 11/19/2024

ATT ACHMENT H
Certification Regardin@
Debarment, Suspension, Ineli@ibility 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 Vll 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)

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.

SenseMakers LLC
Consultant
James E. Bailey, President
Name and Title of Official Authorized to Certify
On Behalf of the Consultant
January 11, 2024
Date
City Council 18 – 108 11/19/2024
Public Works Agency
www.santa-ana.org/public-works
Item # 19
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 19, 2024
TOPIC: Special Gas Tax and Transportation System Improvement Funds for Existing Approved Capital Projects

AGENDA TITLE
Appropriation Adjustments to Recognize Special Gas Tax and Transportation System Improvement Area Funds Fund Balance and Amendments to the Fiscal Year 2024-25 Capital Improvement Program for Various Projects

RECOMMENDED ACTION

1. Approve an appropriation adjustment recognizing $200,000 of prior-year fund balance in Special Gas Tax, Prior Year Carry Forward revenue account and Select Street Construction, Transfer from Fund 029 revenue account, and appropriate the same amount into the Gas Tax Interfund Transfer, Transfer to Fund 059 expenditure account and HUTA 2103 Gas Tax, Improvements Other Than Buildings expense account. (Requires five affirmative votes)

2. Approve an appropriation adjustment recognizing $434,400 of prior-year fund balance in the New Transportation System Improvement Area E, Prior Year Carry Forward revenue account, and appropriate the same amount to the New Transportation System Improvement Area E, Improvements Other Than Buildings expense account. (Requires five affirmative votes)

3. Approve an appropriation adjustment recognizing $5,100,000 in prior year fund balance in the Transportation System Improvement Authorization Area B, Prior Year Carry Forward revenue account, and appropriate the same amount into the Transportation System Improvement Authorization Area B Tustin, Improvements Other Than Buildings expenditure account. (Requires five affirmative votes.)

4. Approve an amendment to the Fiscal Year 2024-25 Capital Improvement Program to include $200,000 of Special Gas Tax, HUTA 2103 Gas Tax funds for the 10th Street and Flower Street Project (Project No. 22-1342).

5. Approve an amendment to the Fiscal Year 2024-25 Capital Improvement Program to include $434,400 of New Transportation System Improvement Area E funds for the Warner Widening Phase 1 Project (Project No. 14-6802).

City Council 19 – 1 11/19/2024
Special Gas Tax and Transportation System Improvement Funds for Existing Approved Capital Projects
November 19, 2024

Page 2 ends

Santa Ana City CouncilNovember 19, 2024

Santa Ana City Council
November 19, 2024