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
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 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.
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:
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 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.
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 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 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.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
8. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, 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 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 E- Non-Lobbying Certification, Attachment F-Non-Discrimination Ceitification, Attachment G- SAM.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.
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.
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
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.
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.
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.
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. (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 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.
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 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 EPA- designated items unless the product cannot be acquired competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or at a reasonable price.
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:
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]
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
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:
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 88A City of Santa Ana Page 19 of 47
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 iT cancellation 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.
RFP 23-1 88A City of Santa Ana Page 20 of 47
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 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
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 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.
RFP 23-1 88A City of Santa Ana Page 23 of 47
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 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 23-1 88A City of Santa Ana Page 25 of 47
IWURTA EXHIBIT B
Utility Response Training Associates, LLC
iii. Deliverables and implementation plan
URTA, LLC will 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 person with printed course materials- 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
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VII Certifications
Utility Response Training Associates, LLC
Attachment A: Proposer's Certification and Proposal Item Pricing
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.
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)
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RFP 23-188A City oT Sanla Ana Page 38 oT 47
URTALLC- p.o. Box 101, Oak View, CA 93022
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
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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RFP 23188A City ol Santa Ana Page 40 of 47
URTALLC- p.o. Box 101, Oak View, CA 93022
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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RFP 23-18aA Ciiy oT Sanla Ana Page41 of47
URTALLC- p.o. Box 101, Oak View, CA 93022
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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.
This certification is a material representation offact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, u.s. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall $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
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.
2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.
3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5 The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules. regulations, and orders.
1. 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
WUQTA
Utility Response Training Associates, LLC
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:
-ta' k
Title: Manaqinq Partner
Firm: Utility Response Traininq Associates, LLC
Date: January 7, 2024
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RFP 23-188A Ciiy of Sanla Ana Page44of47
URTALLC- p.o. Box 101, Oak View, CA 93022
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.
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.
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'uque Evil oy 10
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Poipose of Registiatiori
All Awards
URTALLC- p.o. Box 101, Oak View, CA 93022
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 CFR 180.335, 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