Agenda packet — Santa Ana City Council, May 6, 2025 (part 3 of 12)

If any nontaxable charges are combined with and not separately stated from taxable service charges on the customer bill or invoice of a service supplier, the combined charge is subject to tax unless the service supplier identifies, by reasonable and verifiable standards, the portions of the combined charge that are nontaxable and taxable through the service supplier's books and records kept in the regular course of business, and in accordance with generally accepted accounting principles, and not created and maintained for tax purposes. If the service supplier offers a combination of taxable and non-taxable services, and the charges are separately stated, then for taxation purposes, the values assigned the taxable and non-taxable services shall be based on its books and records kept in the regular course of business and in accordance with generally accepted accounting principles, City
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and not created and maintained for tax purposes. The service supplier has the burden of proving the proper valuation and apportionment of taxable and non-taxable charges. ( Ord. No. NS-2860, § 5, 12-9-14 )
Sec. 35-155.2. Substantial nexus/minimum contact.

For purposes of imposing a tax or establishing a duty to collect and remit a tax under this article, "substantial nexus" and "minimum contacts" shall be construed broadly in favor of the imposition, collection and/or remittance of the utility users' tax to the fullest extent permitted by state and federal law, and as it may change from time to time by judicial interpretation or by statutory enactment. Any telecommunication service (including VoIP) used by a person with a service address in the city, which service is capable of terminating a call to another person on the general telephone network, shall be subject to a rebuttable presumption that "substantial nexus/minimum contacts" exists for purposes of imposing a tax, or establishing a duty to collect and remit a tax, under this article.

A service supplier shall be deemed to have sufficient activity in the city for tax collection and remittance purposes if its activities include, but are not limited to, any of the following: maintains or has within the city, directly or through an agent, affiliate, or subsidiary, a place of business of any nature; solicits business in the city by employees, independent contractors, resellers, agents or other representatives; solicits business in the city on a continuous, regular, seasonal or systematic basis by means of advertising that is broadcast or relayed from a transmitter with the city or distributed from a location with the city; or advertises in newspapers or other periodicals printed and published within the city or through materials distributed in the city by means other than the United States mail; or if there are activities performed in the city on behalf of the service supplier that are significantly associated with the service supplier's ability to establish and maintain a market in the city for the provision of utility services that are subject to a tax under this article (e.g., an affiliated person engaging in activities in the city that inure to the benefit of the service supplier in its development or maintenance of a market for its services in the city).
( Ord. No. NS-2860, § 6, 12-9-14 )
Sec. 35-156. Electricity users tax.
(a) There is hereby imposed a tax upon every person in the City of Santa Ana using electricity in the city. The tax imposed by this section shall be at the rate of six (6) percent of the charges made for such electricity, and for any supplemental services or other associated activities directly related to and/or necessary for the provision of electricity to the service user, which are provided by a service supplier or non-utility service supplier to a service user. The tax shall be collected from the service user by the service supplier or non-utility service supplier, or its billing agent.
(b) As used in this section, the term "charges" shall apply to all services, components and items that are: i) necessary or common to the receipt, use and enjoyment of electric service; or, ii) historically have been, included in a single or bundled rate for electric service by a local distribution company to a class of retail customers. The term "charges" shall include but is not limited to, the following charges:
(1) Energy charges;
(2) Distribution or transmission charges;
(3) Metering charges;
(4) Stand-by, reserves, firming, ramping, voltage support, regulation, emergency, or other similar minimum charges for services;
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(5) Customer charges, late charges, service establishment or reestablishment charges, demand charges, fuel or other cost adjustments, power exchange charges, independent system operator (ISO) charges, stranded investment or competitive transition charges (CTC), public purpose program charges, nuclear decommissioning charges, trust transfer amounts (bond financing charges), franchise fees, franchise surcharges, annual and monthly charges, and other charges, fees and surcharges which are necessary to or common for the receipt, use and enjoyment of electric service; and (6) Charges, fees or surcharges for electricity services or programs, which are mandated by the California Public Utilities Commission or the Federal Energy Regulatory Commission, whether or not such charges, fees or surcharges appear on a bundled or line item basis on the customer billing. (c) As used in this section, the term "charges" shall also include the value of any other services, credits, property of every kind or nature, or other consideration provided by the service user in exchange for the electricity or services related to the provision of such electricity. If a non-taxable service and a taxable service are billed together under a single charge, the entire charge shall be deemed taxable unless the service supplier can reasonably identify charges not subject to the utility users tax based upon its books and records that are kept in the regular course of business, which shall be consistent with generally accepted accounting principles. (d) The tax administrator, from time to time, may survey the electric service suppliers to identify the various unbundled billing components of electrical retail service that they commonly provide to residential and commercial/industrial customers in the city, and the charges therefor, including those items that are mandated by state or federal regulatory agencies as a condition of providing such electric service. The tax administrator, thereafter, may issue and disseminate to such electric service suppliers an administrative ruling identifying those components and items which are: i) necessary or common to the receipt, use and enjoyment of electric service; or, ii) currently, or historically have been, included in a single or bundled rate for electric service by a local distribution company to a class of retail customers. Unbundled charges for such components and items shall be subject to the tax of subsection (a) above. (e) As used in this section, the term "using electricity" shall not be construed to include the mere receiving of such electricity by an electric public utility or governmental agency at a point within the city for resale; or the use of such electricity in the production or distribution of water by a public utility or a governmental agency. (f) The tax on electricity provided by a non-utility service supplier not under the jurisdiction of this code shall be collected and remitted in the manner set forth in section 35-158 of this code. All other taxes on charges for electricity imposed in this section shall be collected from the service user by the electric service supplier or its billing agent. The amount of tax collected in one (1) month shall be remitted to the tax administrator on or before the twentieth (20th) day of the following month in accordance with section 35-163 of this code; or, at the option of the person required to collect and/or remit the tax, such person shall remit an estimated amount of tax measured by the tax billed in the previous month or upon the payment pattern of the service user on or before the twentieth (20th) day of the following month in accordance with section 35-163 of this code.
(Ord. No. NS-2436, § 2, 8-4-00)
Sec. 35-156.1. Reduction in rate.

The electricity users tax imposed under section 35-156 shall be reduced from six (6) percent to five and onehalf (5½) percent. ( Ord. No. NS-2860, § 7, 12-9-14 )
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Sec. 35-157. Gas user tax.
(a) There is hereby imposed a tax upon every person in the City of Santa Ana, other than a gas corporation or electrical corporation, using gas in the city which is delivered through a pipeline distribution system. The tax imposed by this section shall be at a rate of six (6) percent of the charges made for such gas, including all services related to the storage, transportation and delivery of such gas, and shall be collected from the service user by the service supplier or non-utility service supplier, or its billing agent. (b) As used in this section, the term "charges" shall apply to all services, components and items for gas service that are: i) necessary or common to the receipt, use and enjoyment of gas service; or, ii) currently, or historically have been, included in a single or bundled rate for gas service by a local distribution company to a class of retail customers. The term "charges" shall include, but is not limited to, the following charges:
(1) The commodity charges for purchased gas, or the cost of gas owned by the service user (including the actual costs attributed to drilling, production, lifting, storage, gathering, trunkline, pipeline, and other operating costs associated with the production and delivery of such gas), which is delivered through a gas pipeline distribution system;
(2) Gas transportation charges (including interstate charges to the extent not included in commodity charges);
(3) Storage charges; provided, however, that the service provider shall not be required to apply the tax to any charges for gas storage services when the service provider cannot, as a practical matter, determine the jurisdiction where such stored gas is ultimately used; but it shall be the obligation of the service user to self-collect the amount of tax not applied to any charge for gas storage by the service provider and to remit the tax to the appropriate jurisdiction; and (4) Capacity or demand charges, late charges, service establishment or reestablishment charges, transition charges, customer charges, minimum charges, annual and monthly charges, and any other charges which are necessary or common to the receipt, use and enjoyment of gas service, and (5) Charges, fees or surcharges for gas services or programs, which are mandated by the California Public Utilities Commission or the Federal Energy Regulatory Commission, whether or not such charges, fees or surcharges appear on a bundled or line item basis on the customer billing. (c) As used in this section, the term "charges" shall include the value of any other services, credits, property of every kind or nature, or other consideration provided by the service user in exchange for the gas or services related to the delivery of such gas. If a non-taxable service and a taxable service are billed together under a single charge, the entire charge shall be deemed taxable unless the service supplier can reasonably identify charges not subject to the utility users tax based upon its books and records that are kept in the regular course of business, which shall be consistent with generally accepted accounting principles. (d) The tax administrator, from time to time, may survey the gas service suppliers to identify the various unbundled billing components of gas retail service that they commonly provide to residential and commercial/industrial customers in the city, and the charges therefor, including those items that are mandated by state or federal regulatory agencies as a condition of providing such gas service. The tax administrator, thereafter, may issue and disseminate to such gas service suppliers an administrative ruling identifying those components and items which are: i) necessary or common to the receipt, use and enjoyment of gas service; or, ii) currently, or historically have been, included in a single or bundled rate for gas service by a local distribution company to a class of retail customers. Unbundled charges for such components and items shall be subject to the tax of subsection (a) above. (e) There shall be excluded from the base on which the tax imposed in this section is computed:
(1) Charges made for gas which is to be resold and delivered through a pipeline distribution system; City
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(2) Charges made for gas sold for use in the generation of electricity or for the production or distribution of water by a public utility or governmental agency; and (3) Charges made by a gas public utility for gas used and consumed in the conduct of the business of gas public utilities.
(f) The tax that is calculated on charges for gas provided by self-production or by a non-utility service supplier not under the jurisdiction of this code shall be collected and remitted in the manner set forth in section 35- 158 of this code. All other taxes imposed in this section shall be collected from the service user by the gas service supplier or its billing agent. The amount of tax collected in one (1) month shall be remitted to the tax administrator on or before the twentieth (20th) day of the following month in accordance with section 35- 163 of this code; or, at the option of the person required to collect or remit the tax, such person shall remit an estimated amount of tax measured by the tax billed in the previous month or upon the payment pattern of the service user on or before the twentieth (20th) day of the following month in accordance with section 35-163 of this code.
(Ord. No. NS-2436, § 2, 8-4-00)
Sec. 35-157.1. Reduction in rate.

The gas user tax imposed under section 35-157 shall be reduced from six (6) percent to five and one-half (5½) percent.
( Ord. No. NS-2860, § 8, 12-9-14 )
Sec. 35-158. Collection of tax from service users receiving direct purchase of gas or electricity. (a) Any service user subject to the tax imposed by section 35-156 or by section 35-157 of this Code, which produces gas or electricity for self-use, or which receives gas or electricity, including any related supplemental services, directly from a non-utility service supplier not under the jurisdiction of this ordinance, or which, for any other reason, is not having the full tax collected and remitted by its service supplier, a nonutility service supplier, or its billing agent on the use of gas or electricity, including any related supplemental services, in the city, shall report said fact to the tax administrator and shall remit the tax due directly to the tax administrator within thirty (30) days of such use. In lieu of paying said actual tax, the service user may, at its option, remit to the tax administrator within thirty (30) days of such use an estimated amount of tax measured by the tax billed in the previous month, or upon the payment pattern of similar customers of the service supplier using similar amounts of gas or electricity, provided that the service user shall submit an adjusted payment or request for credit, as appropriate, within sixty (60) days following each calendar quarter. The credit, if approved by the tax administrator, may be applied against any subsequent tax bill that becomes due.
(b) The tax administrator may require said service user to identify its non-utility service supplier and provide, subject to audit, invoices, books of account, or other satisfactory evidence documenting the quantity of gas or electricity used, including any related supplemental services, and the cost or price thereof. If the service user is unable to provide such satisfactory evidence, or, if the administrative cost of calculating the tax in the opinion of the tax administrator is excessive, the tax administrator may determine the tax by applying the tax rate to the equivalent charges the service user would have incurred if the gas or electricity used, including any related supplemental services, had been provided by the service supplier that is the primary provider of gas or electricity within the city. Rate schedules for this purpose shall be available from the city. (Ord. No. NS-2436, § 2, 8-4-00)
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Sec. 35-159. Water user tax.
(a) There is hereby imposed a tax upon every person in the City of Santa Ana using water in the city which is delivered through a pipeline distribution system. The tax imposed by this section shall be at the rate of six (6) percent of the charges made for such water and shall be collected from the service user by the service supplier, or its billing agent.
(b) As used in this section, the term "charges" shall apply to all services, components and items that are: i) necessary or common to the receipt, use and enjoyment of water service; or, ii) currently, or historically have been, included in a single or bundled rate for water service by a local distribution company to a class of retail customers. The term "charges" shall include, but is not limited to, the following charges:
(1) Water commodity charges (potable and non-potable);
(2) Distribution or transmission charges;
(3) Metering charges;
(4) Customer charges, late charges, service establishment or reestablishment charges, franchise fees, franchise surcharges, annual and monthly charges, and other charges, fees and surcharges which are necessary for or common to the receipt, use and enjoyment of water service; and (5) Charges, fees, or surcharges for water services or programs, which are mandated by a water district or a state or federal agency, whether or not such charges, fees, or surcharges appear on a bundled or line item basis on the customer billing.
(c) As used in this section, the term "charges" shall include the value of any other services, credits, property of every kind or nature, or other consideration provided by the service user in exchange for the water services.

If a non-taxable service and a taxable service are billed together under a single charge, the entire charge shall be deemed taxable unless the service supplier can reasonably identify charges not subject to the utility users tax based upon its books and records that are kept in the regular course of business, which shall be consistent with generally accepted accounting principles. (d) There shall be excluded from the base on which the tax imposed in this section is computed charges made for water which is to be resold and delivered through a pipeline distribution system. (e) The tax on water service imposed by this section shall be collected from the service user by the service supplier or its billing agent. The amount of tax collected in one (1) month shall be remitted to the tax administrator on or before the twentieth (20th) day of the following month in accordance with section 35- 163 of this Code.
(f) Notwithstanding subsection (e), above, the city, when acting as the service supplier or billing agent, may remit the amount of tax collected to the tax administrator in accordance with any administrative rules established by the tax administrator.
(Ord. No. NS-2436, § 2, 8-4-00)
Sec. 35-159.1. Reduction in rate.

The water user tax imposed under section 35-159 shall be reduced from six (6) percent to five and one-half (5½) percent.
( Ord. No. NS-2860, § 9, 12-9-14 )
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Sec. 35-160. Decisions on amounts imposed.

If any tax, penalty, or interest charge imposed by this code is for any reason held to be discriminatory or invalid in amount, by the decision of any court of competent jurisdiction, such decision shall not affect the validity of a lesser amount imposed by the tax administrator with the concurrence of the city attorney. The city council hereby declares that it would have imposed a valid utility users tax, penalty, or interest charge of the maximum nondiscriminatory amount permitted by law, up to but not exceeding, the amount provided under this code on the person or persons in question, irrespective of the fact that any one (1) or more of the taxes, penalties, or interest charges imposed herein may be declared discriminatory or invalid in amount. (Ord. No. NS-2436, § 2, 8-4-00)
Sec. 35-161. Duty to collect; procedures.

The duty of service suppliers to collect and remit the taxes imposed by this code shall be performed as follows:
(a) The tax shall be collected insofar as practicable at the same time as and along with the charges made in accordance with the regular billing practice of the service supplier. (b) In those cases where a service user has notified the service supplier of refusal to pay the tax imposed on said charges, section 35-167(b) of this code shall apply. (c) The duty to collect tax from a service user shall commence with the beginning of the first full regular billing period applicable to that person which starts on or after the operative date of this code. Where a person receives more than one (1) billing for different periods, the duty to collect shall arise separately for each billing period.
(d) Whenever a service supplier negligently fails in its duty to determine and collect the required tax from a service user, any other amount collected by the service supplier from the service user shall then be subject to a constructive trust in the favor of the city for the full amount of the uncollected tax. (Ord. No. NS-2436, § 2, 8-4-00)
Sec. 35-162. Duty to remit—Procedures.
(a) Each person required by this code to remit a tax shall file a return with the tax administrator on forms approved by the tax administrator on or before the due date in accordance with section 35-163 of this code.

The full amount of the tax owed shall be included with the return and filed with the tax administrator. The tax administrator is authorized to require such additional information as he or she deems necessary to determine if the tax is being levied and collected in accordance with this code. Returns are due immediately upon cessation of business for any reason. Pursuant to state Revenue and Taxation Code Section 7284.6 as amended from time to time, the tax administrator, and his or her agents, shall maintain such filing returns as confidential information not subject to the Public Records Act. (b) If a service supplier uses a billing agent or billing aggregator to bill, collect, and/or remit the tax, the service supplier shall: i) provide to the tax administrator the name, address and telephone number of each billing agent and billing aggregator currently authorized by the service supplier to bill, collect, and/or remit the tax to the city; and, ii) upon request of the tax administrator, deliver, or effect the delivery of, any information or records in the possession of such billing agent or billing aggregator that, in the opinion of the tax administrator, is necessary to verify the proper application, calculation, collection and/or remittance of such tax to the city.

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(Ord. No. NS-2436, § 2, 8-4-00)
Sec. 35-163. Timely filing and remittance.

Returns and taxes may be filed and remitted by the following means: i) in person, ii) by United States Mail, iii) by express carrier, and iv) by electronic means. Returns filed and/or taxes remitted monthly, and actually received by the tax administrator on or before the due dates provided in this code shall be deemed to be timely filed and/or remitted; otherwise, the taxes are delinquent and subject to the penalties imposed pursuant to section 35-164.

Provided, however, that when the last day upon which a return may be filed or a tax remitted falls on a Saturday, Sunday, or city, state, or national holiday, a timely filing and remittance may be made upon the first following working day.

A direct deposit, including electronic fund transfers and other similar methods of electronically exchanging monies between financial accounts, made by a service supplier in satisfaction of its obligations under this code shall be considered timely if the transfer is initiated on or before the due dates provided in this code, and settles into the city's account on the following business day.
(Ord. No. NS-2436, § 2, 8-4-00)
Sec. 35-164. Penalty and interest; delinquencies and deficiencies in collection and remittance. (a) Taxes collected but not remitted by due date—delinquencies in remittance. If taxes collected by a service supplier from a service user, or self collected by a service user subject to section 35-158 of this code are not remitted to the tax administrator on or before the due dates provided in this code, such taxes shall be delinquent. The tax administrator shall attach a penalty for such delinquencies in remittance at the rate of fifteen (15) percent of the total delinquent amount due. (b) Taxes not collected—delinquencies in collection. If a service supplier required to collect any tax hereunder fails to collect such tax, or, if a service user required to self-collect and remit the tax pursuant to section 35- 158 of this code, fails to self collect the tax, the tax administrator shall attach a penalty for such delinquencies in collection at the rate of fifteen (15) percent of the total tax amount that is determined to be due.
(c) Taxes not fully collected—deficiencies in collection. If a service supplier required to collect and remit any tax hereunder fails to collect the full amount of the tax, or, if a service user subject to section 35-158 of this code fails to properly self-collect the full amount of the tax, the tax administrator shall attach a penalty for such deficiencies in collection at the rate of fifteen (15) percent of the total tax amount that is determined to be due.
(d) Taxes not fully remitted—deficiencies in remittance. If a service supplier required to collect and remit any tax hereunder fails to remit the full amount of the tax collected, or, if a service user subject to section 35-158 of this code fails to properly remit the full amount of the tax self-collected, the tax administrator shall attach a penalty for such deficiencies in remittance at the rate of fifteen (15) percent of the total tax amount that is determined to be due.
(e) Fraud or gross negligence—additional penalties. If the tax administrator determines that the nonpayment of any delinquency or deficiency due by any service supplier, or service user required to self-collect and remit the tax pursuant to section 35-158 of this code, is due to fraud or gross negligence, the tax administrator shall have the power to impose additional penalties upon such persons at the rate of fifteen (15) percent of the amount of the remittance due.
(f) Penalties—maximum amount. The cumulative amount of all applicable penalties imposed under this code shall not exceed an amount equal to the amount of the tax originally owed.

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(g) Interest—due from date of delinquency. Any person subject to any penalty imposed hereinabove in this section, shall also pay interest at the rate of three-quarters of one percent (¾) per month, or any fraction thereof, on the amount subject to penalty, from the date on which the remittance of such amount first became delinquent or deficient until paid.
(h) Penalties and interest. All penalties and all interest imposed under this code shall be subject to the same actions to collect and the same provisions for enforcement as the tax imposed by this code. (i) Penalties, interest, delinquencies and deficiencies owed. All penalties and interest imposed under this code together with all delinquencies and deficiencies owed shall be due and payable as of the date of notification which shall be given in the same manner as administrative assessments in accordance with section 35-167 of this code. Any person assessed any amount as delinquency, or deficiency, or penalty, or interest shall have the same right of appeal as provided in the case of administrative assessments in accordance with section 35-167 of this code and shall be governed by the same provisions as set forth therein. (Ord. No. NS-2436, § 2, 8-4-00)
Sec. 35-165. Actions to collect.

Any tax, penalty, or interest required to be paid by a service user under the provisions of this code shall be deemed a debt owed by the service user to the city. Any such tax collected from a service user together with any penalties or interest due thereon which have not been remitted to the tax administrator shall be deemed a debt owed to the city by the service supplier required to collect and remit. The amount of any tax required to be collected from a service user by a service supplier which is held in constructive trust in the favor of the city shall be a debt owed by the service supplier to the city. Any person owing money to the city under the provisions of this code shall be liable to an action brought in the name of the city for the recovery of such amount plus related costs incurred by the city.
(Ord. No. NS-2436, § 2, 8-4-00)
Sec. 35-166. Tax administrator, ex officio collector of utility users taxes; additional powers and duties of tax administrator, etc.
(a) The tax administrator shall be ex officio utility users tax collector. (b) The tax administrator shall have the power and authority to enforce all of the provisions of this code. (c) The tax administrator may adopt administrative rules, regulations, and guidelines, or make administrative agreements consistent with the intent of the provisions of this code for the purpose of administering the provisions herein regarding the payment, collection and remittance of said taxes. (Ord. No. NS-2436, § 2, 8-4-00)
Sec. 35-167. Assessment; administrative remedy.

The tax administrator may make an assessment for taxes not collected and/or not remitted or paid by any person required to collect and/or remit or pay.
(a) Service supplier or service user—failure to collect and/or remit tax. If any service supplier, or any service user subject to section 35-158 of this code, (hereinafter "service supplier" in this subsection) required to collect and/or remit the tax imposed by this code shall fail or refuse to collect said tax or to make, within the time provided in this code, any report and remittance of said tax or any portion City
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thereof required by this code, the tax administrator shall make a determination of the tax due (tax, interest and penalties hereinafter "amount assessed" in this subsection). The tax administrator shall give a written notice of the amount assessed by personal service or by depositing it in the United States mail, addressed to the service supplier at the service supplier's last known address. The service supplier may, within ten (10) days after the serving or mailing of such notice, make application in writing to the tax administrator for a hearing on the amount assessed in accordance with section 35-173 of this code.

If application by the service supplier for a hearing is not made within the time prescribed, the amount assessed shall become final and immediately due and payable. (b) Service user—failure to pay tax. Whenever the tax administrator determines that a service user has deliberately withheld the amount of the tax owed by him or her from the amounts remitted to a service supplier required to collect the tax, or that a service user has failed to pay the amount of the tax to such service supplier for a period of two (2) or more billing periods, or whenever the tax administrator deems it in the best interest of the city, he or she may relieve such service supplier of the obligation to collect taxes due under this code from such service users for specified billing periods. The service supplier shall provide the city with the names, account numbers, billing and service addresses, and other required information of such non-paying service users together with the amounts owed under the provisions of this code and the specified billing periods for which they are owed. The tax administrator shall give written notice to the non-paying service user that he or she has assumed responsibility to collect the taxes due for the stated periods and demand payment of such taxes. The notice shall be served on the service user by personal service or by deposit of the notice in the United States mail, addressed to the service user at the address to which billing was made by the person required to collect the tax; or, should the service user have changed his address, to his last known address. If a service user fails to remit the tax to the tax administrator within fifteen (15) days from the date of the service of the notice, which shall be the date of mailing if service is not accomplished in person, a penalty of twenty-five (25) percent of the amount of the tax set forth in the notice shall be imposed, but not less than five dollars ($5.00), along with interest at the rate of three-quarters of one percent (¾) per month, or any fraction thereof, on the amount of the tax, exclusive of penalties, from the date on which the remittance first became delinquent until paid. (Ord. No. NS-2436, § 2, 8-4-00)
Sec. 35-168. Records.
(a) It shall be the duty of every person required to collect and/or remit to the city any tax imposed by this code to keep and preserve, for a period of three (3) years, all records as may be necessary to determine the amount of such tax as he may have been liable for the collection of and remittance to the tax administrator, which records the tax administrator shall have the right to inspect at all reasonable times. The city may issue an administrative subpoena to compel a person to deliver, to the tax administrator, copies of all records deemed necessary by the tax administrator to establish compliance with this code, including the delivery of records in a common electronic format on readily available media if such records are kept electronically by the person in the usual and ordinary course of business. The tax administrator is authorized to execute a non-disclosure agreement approved by the city attorney to protect the confidentiality of customer information pursuant to state Revenue and Taxation Code Sections 7284.6 and 7284.7, as amended from time to time.
(b) The tax administrator may request from any person providing transportation or distribution services of gas or electricity to service users within the city, a list of the names, billing and service addresses, quantities of gas or electricity delivered, and other pertinent information, of its transportation customers within the city pursuant to section 6354(e) of the state Public Utilities Code, as amended from time to time.

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(c) If any person subject to record-keeping under this section unreasonably denies the tax administrator, or any designated agent of the tax administrator, access to such records, or fails to produce the information requested in an administrative subpoena within the time specified, the tax administrator may impose a penalty of five hundred dollars ($500.00) on such person for each day following the initial date that the person refuses to provide such access. This penalty shall be in addition to any other penalty imposed by this code.
(Ord. No. NS-2436, § 2, 8-4-00)
Sec. 35-169. Refunds.
(a) Whenever the amount of any tax has been overpaid or paid more than once or has been erroneously or illegally collected or received by the tax administrator under this code, it may be refunded as provided in this section. No refund will be considered by the tax administrator for a period in excess of twelve (12) months prior to the date application is received.
(b) The tax administrator may refund any tax that has been overpaid, paid more than once, or has been erroneously or illegally collected or received by the tax administrator under this code, provided that no refund shall be paid under the provisions of this section unless the claimant or his or her guardian, conservator, executor or administrator has submitted a written claim to the tax administrator within twelve (12) months of the overpayment or erroneous or illegal collection of said tax. Such claim must clearly establish claimant's right to the refund by written records showing entitlement thereto. Nothing herein shall permit the filing of a claim on behalf of a class or group of taxpayers. (c) The submission of a written claim, which is acted upon by the city, shall be a prerequisite to a suit thereon as provided in accordance with state Government Code Section 935, as amended from time to time. The city shall act upon the refund claim within the time period set forth in state Government Code Section 912.4, as amended from time to time. If the city fails or refuses to act on a refund claim within the time prescribed by state Government Section 912.4, the claim shall be deemed to have been rejected by the city on the last day of the period within which the city was required to act upon the claim as provided in state Government Code Section 912.4.
(d) Notwithstanding subsection (b) above, a service supplier shall be entitled to take any overpayment as a credit against an underpayment whenever such overpayment has been received by the city within the three (3) years next preceding a notice of tax deficiency or assessment by the tax administrator, or during any year for which the service supplier, at the request of the tax administrator, has executed a waiver of the defense of the statute of limitations with regard to any claim the city may have for a utility users tax. Under no circumstances shall an overpayment taken as a credit against an underpayment pursuant to this subsection qualify a service supplier for a refund to which it would not otherwise be entitled under the 12-month written claim requirement of this section.
(Ord. No. NS-2436, § 2, 8-4-00)
Sec. 35-170. Low income household exemption.
(a) The utility users tax imposed by this code shall not apply to any service user who uses telephone, electric, gas or water services in or upon any premises occupied by such service user, provided the combined gross income of all members of the household in which such user resided was less than the low income household exemption level for the calendar year prior to the fiscal year (July 1 through June 30) for which the exemption provided in this section is applied for. The low income household exemption level shall be established by resolution of the city council.

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The exemption granted by this section shall not eliminate the duty of the service supplier to collect taxes from such exempt individual or the duty of such exempt individual to pay such taxes to the service supplier, unless an exemption is applied for by the service user and granted in accordance with the provisions of subsection (b) hereof.
(b) Any service user exempt from the taxes imposed by this code because of the provisions of subsection (a) above may file an application with the tax administrator for an exemption. Such application shall be made upon forms supplied by the tax administrator and shall recite facts under oath which qualify the applicant for an exemption. The tax administrator shall review all such applications and certify as exempt those applicants determined to qualify therefor notify all service suppliers affected that such exemption has been approved, stating the name of the applicant, the address to which such exempt service is being supplied, the account number, and such other information as may be necessary for the service supplier to remove the exempt service user from its tax billing procedure. Upon receipt of such notice, the service supplier shall not be required to continue to bill any further tax imposed by this code from such exempt service user until further notice by the tax administrator is given. The service supplier shall eliminate such exempt service user from its tax billing procedure upon receipt of such notice from the tax administrator, no later than sixty (60) days after receipt of such notice from the tax administrator. (c) All exemptions shall be renewed annually by the exempt service user during the renewal period of April 1 through April 30. The tax administrator shall notify all service suppliers by May 31 of exempt service users who did not renew during the annual renewal period. Each service supplier shall include the service users specified in such notice in its tax billing procedure no later than sixty (60) days after receipt of such notice from the tax administrator. Exemptions shall automatically terminate with any change in the service address or residence of the exempt individual; provided such individual may nevertheless apply for a new exemption with each change of address or residence. Any individual exempt from the tax shall notify the tax administrator within ten (10) days of any change in fact or circumstance which might disqualify said individual from receiving such exemption. It shall be a misdemeanor for any person to knowingly receive the benefits of the exemptions provided by this section when the basis for such exemption either does not exist or ceases.
(d) Notwithstanding any of the provisions of this subsection, however, any service supplier who determines by any means that a new or nonexempt service user is receiving service through a meter or connection exempt by virtue of an exemption issued to a previous user or exempt user of the same meter or connection, such service supplier shall immediately notify the tax administrator of such fact and the tax administrator shall conduct an investigation to ascertain whether or not the provisions of this section have been complied with and, where appropriate, order the service supplier to commence collecting the tax from the nonexempt service user.
(Ord. No. NS-2436, § 2, 8-4-00)
Sec. 35-171. Violation; misdemeanor; remedies—Cumulative. (a) Any person violating any of the provisions of this code shall be guilty of a misdemeanor and shall upon conviction be punishable thereafter as provided in section 1-8 of the Santa Ana Municipal Code. (b) The conviction and fine or imprisonment of any person for violation of this code shall not relieve such person from paying the utility users tax together with any penalty or interest amount due under the terms of this code, nor shall the payment of any utility users tax, or any penalty, or any interest amount due prevent a civil action or criminal prosecution for the violation of any of the provisions of this code. All remedies prescribed hereunder shall be cumulative and the use of one (1) or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions hereof. (Ord. No. NS-2436, § 2, 8-4-00)
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Sec. 35-172. Reserved.

Ord. No. NS-2860, § 10, adopted December 9, 2014, repealed § 35-172 in its entirety. Former § 35-172 pertained to maximum tax amount payable under the utility users tax, and was derived from Ord. No. NS-2436, § 2, adopted August 4, 2000.

Sec. 35-173. Right to administrative hearing; appeals.
(a) If any service user or service supplier (hereinafter "applicant" in this subsection) is aggrieved by any decision, administrative assessment, or administrative ruling of the tax administrator, or with the failure to grant a refund or exemption as provided for under this code, such applicant may appeal to the tax administrator in writing for an administrative hearing. If application by the applicant for an administrative hearing is not made within the time prescribed, the prior decision of the tax administrator shall become final. If such application is made, the tax administrator shall give at least five (5) days' written notice scheduling a date, time and place for a hearing. Such notice shall be given through personal service or by depositing it in the United States mail, addressed to the applicant's last known address. The applicant may appear before the tax administrator and/or the tax administrator's authorized administrative hearing officer (hereinafter "hearing officer" in this subsection) and offer evidence appealing the tax administrator's decision. After such hearing the "hearing officer" shall make a determination and give written notice to the applicant regarding his or her determination. The determination of the "hearing officer" shall become final and shall render any subsequent appeal null and void and shall further act as a waiver against future action, unless an appeal is taken pursuant to Chapter 3 of the Santa Ana Municipal Code. (b) A timely request for an administrative hearing and attendance is required in accordance with subsection (a) above shall be a prerequisite for an appeal made pursuant to Chapter 3 of the Santa Ana Municipal Code.

The determination of an applicant's appeal made pursuant to Chapter 3 of the Santa Ana Municipal Code shall be final.
(Ord. No. NS-2436, § 2, 8-4-00)
Sec. 35-174. Nonpayment of tax—Bar to writ of mandate or other legal or equitable process.

No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action, or proceeding in any court against this city or against any officer of the city to prevent or enjoin the collection under this code of any tax or any amount of tax required to be collected and/or remitted. (Ord. No. NS-2436, § 2, 8-4-00)
Sec. 35-175. Saving clause.

Neither the adoption of this code nor its superseding of any portion of any other code shall in any manner be construed to affect prosecution for violation of any chapter, article, code, or ordinance prior to the effective date hereof, nor be construed as a waiver of any tax or any penal provision applicable to any such violation, and all rights and obligations thereunto appertaining shall continue in full force and effect. (Ord. No. NS-2436, § 2, 8-4-00)
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Sec. 35-176. Severability.

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this code or any part thereof is for any reason held to be unconstitutional, such decision, and the decision not to enforce such, shall not affect the validity of the remaining portion of this code or any part thereof. The city council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one (1) or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional.
(Ord. No. NS-2436, § 2, 8-4-00)
Sec. 35-177. Notice of changes to utility users tax code.

If a tax under this code is added, repealed, increased, reduced, or the tax base is changed, the tax administrator shall follow the notice requirements of state Public Utilities Code Section 799. Prior to the effective date of the code change, the service supplier shall provide the tax administrator with a copy of any written procedures describing the information that the service supplier needs to implement the code change. If the service provider fails to provide such written instructions, the tax administrator, or his or her agent, shall send, by first class mail, a copy of the code change to all collectors and remitters of the city's utility users taxes according to the latest payment records of the tax administrator.
(Ord. No. NS-2436, § 2, 8-4-00)
Sec. 35-178. Effect of state and federal reference/authorization.

Unless specifically provided otherwise, any reference to a state or federal statute in this article shall mean such statute as it may be amended from time to time, provided that such reference to a statute herein shall not include any subsequent amendment thereto, or to any subsequent change of interpretation thereto by a state or federal agency or court of law with the duty to interpret such law, to the extent that such amendment or change of interpretation would require voter approval under California law, or to the extent that such change would result in a tax decrease (as a result of excluding all or a part of a utility service, or charge therefor, from taxation). Only to the extent voter approval would otherwise be required or a tax decrease would result, the prior version of the statute (or interpretation) shall remain applicable; for any application or situation that would not require voter approval or result in a decrease of a tax, provisions of the amended statute (or new interpretation) shall be applicable to the maximum possible extent.

To the extent that the city's authorization to collect or impose any tax imposed under this article is expanded or limited as a result of changes in state or federal law, no amendment or modification of this article shall be required to conform the tax to those changes, and the tax shall be imposed and collected to the full extent of the authorization up to the full amount of the tax imposed under this article. ( Ord. No. NS-2860, § 11, 12-9-14 )
Sec. 35-179. No increase in tax percentage or change in methodology without voter approval; amendment or repeal.

This article of the Santa Ana Municipal Code may be repealed or amended by the city council without a vote of the people. However, as required by Chapter XIIIC of the California Constitution, voter approval is required for any amendment provision that would increase the rate of any tax levied pursuant to this article. The people of the City of Santa Ana affirm that the following actions shall not constitute an increase of the rate of a tax:

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(1) The restoration of the rate of the tax to a rate that is no higher than that set by this article, if the city council has acted to reduce the rate of the tax;
(2) An administrative or legislative action that interprets or clarifies the methodology of the tax, or any definition applicable to the tax, so long as such interpretation or clarification (even if contrary to some prior interpretation or clarification) is not inconsistent with the language of this article; (3) The establishment a class of persons or class of service that is exempt or excepted from the tax or the discontinuation of any such exemption or exception (other than the discontinuation of an exemption or exception specifically set forth in this article); or (4) The collection of the tax imposed by this article, even if the city had, for some period of time, failed to collect the tax.
( Ord. No. NS-2860, § 12, 12-9-14 )
Sec. 35-180. Remedies cumulative.

All remedies and penalties prescribed by this article or which are available under any other provision of law or equity, including but not limited to the California False Claims Act (Government Code Section 12650 et seq.) and the California Unfair Practices Act (Business and Professions Code Section 17070 et seq.), are cumulative. The use of one (1) or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions of this article.
( Ord. No. NS-2860, § 13, 12-9-14 )
Sec. 35-181. Interaction with prior tax.
(a) Collection of tax by service providers. Service providers shall begin to collect the tax imposed by this amended article as soon as feasible after the effective date of this article, but in no event later than permitted by Section 799 of the California Public Utilities Code. (b) Satisfaction of tax obligation by service users. Prior to April 1, 2015, any person who pays the tax levied pursuant to this article, as it existed prior to its amendment as provided herein, with respect to any charge for a service shall be deemed to have satisfied his or her obligation to pay the tax levied pursuant to this article as amended herein, with respect to that charge. The intent of this paragraph is to prevent the imposition of multiple taxes upon a single utility charge during the transition period from the prior Utility Users' Tax Code to the amended Utility Users' Tax Ordinance (which transition period ends April 1, 2015) and to permit service providers or other persons with an obligation to remit the tax hereunder, during that transition period, to satisfy their collection obligations by collecting either tax. (c) Satisfaction of tax obligation by service users paying the prior maximum utility users tax. Prior to July 1, 2015, any person who pays the maximum tax amount payable under the utility users tax pursuant to this article, as it existed prior to its amendment as provided herein, shall be deemed to have satisfied his or her obligation to pay the tax levied pursuant to this article as amended herein for the period of July 1, 2014 through June 30, 2015.
(d) In the event that a final court order should determine that the election enacting this article (as amended herein) is invalid for whatever reason, or that any tax imposed under this article (as amended herein) is invalid in whole or in part, then the taxes imposed under this article, as it existed prior to its amendment as provided herein, shall automatically continue to apply with respect to any service for which the tax levied pursuant to this article has been determined to be invalid. Such automatic continuation shall be effective beginning as of the first date of service (or billing date) for which the tax imposed by this article is not valid.

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However, in the event of an invalidation, any tax (other than a tax that is ordered refunded by the court or is otherwise refunded by the city) paid by a person with respect to a service and calculated pursuant to this article (as amended herein) shall be deemed to satisfy the tax imposed under this article, as it existed prior to its amendment as provided herein, on that service, so long as the tax is paid with respect to a service provided no later than six (6) months subsequent to the date on which the final court order is published. ( Ord. No. NS-2860, § 14, 12-9-14 )
Sec. 35-182. Ratification of prior tax.

The voters of the City of Santa Ana hereby ratify and approve the past collection of the utility users tax as imposed by Chapter 35, Article VI, of this Code as it existed prior to the effective date of this Ordinance. ( Ord. No. NS-2860, § 15, 12-9-14 )
Secs. 35-183—35-199. Reserved.

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

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

LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS
__________________________________________________________________________________

BUSINESS ADDRESS
__________________________________________________________________________________

PRINTED NAME OF AUTHORIZED AGENT TITLE
__________________________________________________________________________________

SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS
__________________________________________________________________________________

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

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

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

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

REFERENCE
Customer Name:_________________________Contact Individual: ____________________________ Address: ________________________________Phone Number:
_______________________________ EMAIL: ____________________________________ Contract Amount: ________________________Year: ______________________________________ Description of supplies, equipment, or services provided:
__________________________________________________________________________________

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

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

ATTACHMENT B

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

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

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

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

Firm________________________________________________________________________________ Signed and Printed Name: ______________________________________________________________ Title ________________________________________________________________________________ Date
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

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

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

Signed____________________________________________________________________________ State of ________, County of __________________________________________________________ Subscribed and sworn to (or affirmed) before me on this________ day of_____________, 20____, by ________________________, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
________________________
Notary Public Signature Notary Public Seal
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

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

ATTACHMENT D

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

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

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

Signed:

Title:

Firm:

Date:

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

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

ATTACHMENT E

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

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

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

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

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

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

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

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

ATTACHMENT F

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

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

Signed:

Title:

Firm:

Date:

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

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

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NOTE: The numbers in this table correspond with the numbers listed in the Scope of Services. A “YES” response indicates the proposed system addresses all the detailed elements and functionalities identified in the Scope of Services. A “NO” response indicates that the system does not address all the functionalities. Proposers may include QUALIFIED responses to items they marked “NO,” but suspect may fulfill the needs of the City through other means within the proposed system. Space for QUALIFIED responses may be attached at the end of these tables.

Proposers may attach additional pages on letterhead if more space is needed for this purpose.

SEC. A GENERAL SYSTEM / SOFTWARE REQUIREMENTS YES NO
A1 System possesses the ability to integrate with various City & Third-Party solutions, including but not limited to the City’s incoming LMS (Clariti) and the City’s Treasury Services payment modules (System Innovators iNovah application & City of Santa Ana’s PAY application), and the City’s current Enterprise Resource Planning (ERP) system, Infor Lawson.

A2 Support for an automatic registration capability to convert qualified pre-licensing accounts to active business license tax accounts ready for receipt/business license certificate issuance or variance/penalty billing.

A3 Support for a competent in arrears original delinquency penalty abatement calculation/billing capability and incorporate a flexible installment agreement function with tracking.

A4 Support for pre-licensing and license renewal “pop-up” calculators.

A5 System supports filing, reporting, and payment tracking modules for the City’s tax programs for registration, renewal, payment, and collection needs.

A6 System automates the application, renewal, and payment business process of City of Santa Ana tax and assessment accounts.

A7 System can calculate standard or special taxes, fees, and assessments (in addition to penalties and interests) from City-defined formulas or rates with the ability for authorized City staff to override and amend the amounts charged.

A8 The ability to associate a payoff order/sequence to fees, taxes, interests, penalties, and any other charges within the system.

A9 System can record and associate accounts with invoice identifiers, receipts (including date and time of payment), and revenue account numbers for each tax and fee transaction.

A10 System can categorize and group accounts by appropriate record elements, particularly by business type, and apply the appropriate estimated taxation based on the license type category and related tax assessment.

A11 System allows for records to be searched, tracked, logged, and monitored based on different record elements, such as active/inactive status, age, location/GIS code, and business type.

A12 System allows for City staff to insert comments and notes on any account and place flags or warnings to accounts based on special comments/conditions, with timestamps and logs stored for each entry or transaction, including staff name plus ID number.

A13 System generates consistent and accurate reports in standard or customizable formats on a scheduled or as-needed basis.

A14 Proposer will migrate data from the City’s current software(s) to the awarded software system.

ATTACHMENT G
PROPOSERS’ QUESTIONNAIRE
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A15 Proposer will provide continuous updates or allow for the configuration of rules within the system to meet the City’s changes in legislative requirements, technology needs, and operational demands, in addition to complying with Federal and State of California laws and regulations.

A16 System supports Section 508 Accessibility Standards.

A17 Proposer can apply the City of Santa Ana logo and other branding elements where appropriate.

ITEM # QUALIFIED RESPONSE (IF “NO” WAS MARKED)
SEC. B TECHNICAL SYSTEM / SOFTWARE REQUIREMENTS YES NO
B1 System can function in a web-based environment with support for multiple browsers including Microsoft Edge Chromium Edition and Google Chrome browsers on Windows versions 10 and 11.

B2 Proposer will provide automatic file backups with daily continuity and disaster recovery.

B3 System can provide or integrate with a GIS/GEO code address master to ensure applicants seeking licensure as in-city businesses have both a City of Santa Ana postal designation as well as function at a validated physical location within the City’s formal boundaries.

B4 System can integrate with the City’s incoming LMS (Clariti) to properly link licenses with the City’s real estate records. The proposed system must be able to automatically suppress issuance of a formal business license tax certificate when unapproved or pending requirements are noted in Clariti.

B5 System supports County of Orange tax lien and City of Santa Ana administrative citation processes.

B6 System handles Standard Industrial Classification (SIC) Code assignments / North American Industrial Classification System (NAICS) Code selections as part of the initial business licensing process.

B7 System ensures data integrity, accuracy, and completeness with standard or configurable validation rules for data fields.

B8 System possesses the ability for bulk data entry that triggers workflow processes within the system.

B9 System possesses the ability to export account records in bulk with mail merge printing capabilities.

B10 System possesses the ability to send mass to select email addresses on record.

City
City Council
of Santa Ana RFP No. 23-165 Page 193 of 196
9 – 217 5/6/2025
B11 System can automatically generate and distribute invoices/billing statements and filing forms via email for business license renewals on a monthly, quarterly, semi-annual, annual, or as-needed basis based on the business type or other defined characteristics.

B12 System possesses the ability to export financial records or contain a General Ledger interface that communicates with the City’s existing or future financial systems and other City software systems.

B13 System accepts payments by cash, check, credit, ACH/EFT with the ability to accept payments online including partial payments and mixed tender payments (combination of check, credit, and cash).

B14 System permits staff to adjust payments (e.g. payment submitted to wrong account or fee and adjustments are needed) with record of transactional changes within the system.

B15 System issues a paper receipt or an online receipt upon receiving a completed payment.

B16 System tracks account deposits and credits that may be applied to future business license renewals.

B17 System supports a City-controlled carry-forward function to carry unpaid balances forward into a future tax year.

B18 System processes payment refunds, issue credits, and void payments transactions.

B19 System imposes a fee for payments returned as a result of insufficient funds.

B20 System automatically generates and places warnings and/or holds on noncompliant accounts as a result of delinquency, license expiration, returned payments (i.e., bounced checks), partial payments not approved, and other City-defined characteristics.

B21 System supports the ability to place specific business type accounts in a nonrenewal “suspense” state if the license is not renewed within a twelve (12) month period.

B22 System will remain in compliance with industry-standard payment security protocols and regulations, including Payment Card Industry Data Security Standards (PCI DDS).

B23 System allows an authorized staff member to manually release an automatic “Hold” on an account to permit issuance of a business license tax certificate.

B24 System contains or implements security measures to protect the confidentiality and integrity of information on record.

B25 System supports a single sign-on from within the City of Santa Ana’s internal network or support LDAP authentication via Active Directory.

B26 For on-premises hosting, the proposed solution is compatible with Microsoft Windows Server (2022).

B27 For on-premises hosting, the proposed solution is compatible with Microsoft SQL Server 2017 or 2019.

B28 System integrates with Microsoft Exchange Server 2016 or later for system functionalities requiring City infrastructure to send and receive emails.

B29 The proposer understands that the proposed system must provide updates for current and future versions of integrated City software at no additional cost, except cost incorporated in an annual base support and maintenance fee.

ITEM # QUALIFIED RESPONSE (IF “NO” WAS MARKED)
City
City Council
of Santa Ana RFP No. 23-165 Page 194 of 196
9 – 218 5/6/2025
SEC. C PUBLIC PORTAL / CITIZEN ACCESS REQUIREMENTS YES NO C1 The Public Portal / Citizen Access component(s) supports multiple browsers and their versions, and multiple operating systems in desktop or scalable mobile formats (i.e. tablet, smartphone, laptop, etc.).

C2 System supports translations within the system itself or through integrated tools, such as Google Translate, with specialized expert (City defined) language translations as needed.

C3 System enables members of the public to submit inquiries and complaints online, without requiring access credentials should submitters desire to remain anonymous.

C4 System controls information visibility and limit public access to internal information with the City able to determine what is viewable by the public.

ITEM # QUALIFIED RESPONSE (IF “NO” WAS MARKED)
SEC. D UNLICENSED BUSINESS LEAD DEVELOPMENT REQUIREMENTS YES NO D1 System actively supports the conversion process of guiding leads towards business license registration which may include the upload of external data to be compared with City of Santa Ana data to identify unlicensed businesses within the City’s boundaries.

D2 System possesses the ability to search, filter, and categorize leads to view and process by source, business license type, campaign category, and other relevant attributes.

D3 System possesses the ability to export bulk lead records with mail merge printing capabilities to allow for the creation and revision of licensing notices and other letters/memorandums/documents generated with predefined document templates, including archiving final notices based on campaign type and requestor ID.

ITEM # QUALIFIED RESPONSE (IF “NO” WAS MARKED)
SEC. E IMPLEMENTATION REQUIREMENTS YES NO
E1 The proposer understands the City expects full implementation, release, and acceptance by mid- to late-2025.

City
City Council
of Santa Ana RFP No. 23-165 Page 195 of 196
9 – 219 5/6/2025
E2 Proposer understands they must provide projected software customization, testing, data migration, implementation, parallel operation and final release and acceptance timelines.

E3 Proposer understands they must provide unlimited phone and email support to the City of Santa Ana during the City’s regular business hours. The City operates from 7:30 A.M. – 5:30 P.M. Monday through Thursday, and 8:00 A.M. – 5:00 P.M. every other Friday.

E4 Proposer can provide emergency support after regular business hours that may be charged separately.

E5 Proposers possesses the ability to provide remote desktop support.

E6 City staff will have the ability to view Support and Enhancement Requests (including individual and City-wide request tickets) via reports and/or portal access.

E7 Proposer will provide a testing environment for implementation of the new system that will remain available at all times during the term of the contract.

E8 Proposer understands they must own, lead, manage, and coordinate all aspects of the project to migrate from the City’s current taxation software to the awarded application.

E9 Proposer understands they must own and manage the entirety of the historical data conversion from the current system to the awarded application.

E10 Proposer understands they are responsible for the cleansing, extraction, translation, and upload of the City’s data.

E11 Proposer understands that City staff’s responsibility will be limited to providing general feedback on the data conversion.

E12 Proposer understands they must provide comprehensive software training that does not employ a train-the-trainer approach.

ITEM # QUALIFIED RESPONSE (IF “NO” WAS MARKED)
SEC. F OPTIONAL OFFERINGS YES NO
F1 Proposed system can offer a module for the administration of the PREP, including a public interface, with the ability to perform primary and variance/penalty billing utilizing the same business rules as the Business License Taxation Software.

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

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

City
City Council
of Santa Ana RFP No. 23-165 Page 196 of 196
9 – 220 5/6/2025
Finance and Management Services
www.santa-ana.org/finance
Item # 10
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
May 6, 2025
TOPIC: Ground Non-Emergency Medical Transportation Services

AGENDA TITLE
First Amendment to Agreement with Falck Mobile Health Corporation dba CARE Ambulance Service to Provide Expanded Ground Non-Emergency Medical Transportation Services for the Santa Ana Police Department and Provision of Ambulance Compliance Data to Orange County Emergency Medical Services

RECOMMENDED ACTION
Authorize the City Manager to execute an Amendment to the Agreement with Falck Mobile Health Corporation dba CARE to add on the contract’s Scope of Work for Santa Ana Police Department ground non-emergency medical transportation services and monthly provision of Ambulance Compliance Data to Orange County Emergency Medical Services (Agreement No. A-2025-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
The Santa Ana Police Department (“SAPD”) is tasked with enforcing the City’s laws and regulations that apply to all persons within the City’s boundaries, including persons with physical and mental disabilities. Most frequently, SAPD officers are encountering individuals who may not need assistance with being transported to a jail or medical facility.

However, on some occasions, officers may engage with individuals with disabilities that require transportation that is not fit for a typical police car and are best transported in specialized, medical vehicles.

Currently, SAPD does not possess the specialized transportation equipment or vehicles required to safely and securely transport persons with certain physical or mental conditions. Furthermore, SAPD officers are not medically trained on the nuances of interacting with persons with certain medical conditions and improper interactions could pose a risk to the officer or members of the public.

As such, staff reviewed various options to address this gap in service, adhere to federal law requirements (specifically Title II of the Americans with Disabilities Act (ADA)), and ensure that the safety of the community, as well as the officers, is not adversely impacted.

City Council 10 – 1 5/6/2025
Amend Agreement with Falck Mobile Health Corporation
May 6, 2025

Page 2 ends

Staff found that other police departments purchased the necessary equipment and hired trained personnel; however, this came at a high cost for a service that is infrequently used for Santa Ana. Instead, staff identified a cost-effective measure, which is to utilize the existing relationship with Falck, the City’s contracted ground emergency medical transport provider, to establish medical transportation services for detainees.

The proposed contract amendment would not alter the emergency provisions of the agreement with Falck. The amendment would add an independent service specifically for SAPD on an as-needed basis in which Falck would use its own vehicles and personnel to safely transport persons to and from medical and jail facilities. The dedication of ambulances or other vehicles will not reduce the required number of ambulances needed on standby throughout the City nor will they impact response times. Lastly, the amendment will not impact the enforcement provisions of the existing agreement.

Lastly, the Orange County Health Care Agency (OCHCA) is a regional health jurisdiction and accredited health department. A division of OCHCA is the Orange County Emergency Medical Services (OCEMS) office, which is tasked with protecting and promoting individual, family, and community health through regulation of emergency medical services including, but not limited to, ground transportation. OCEMS has the ability to verify ambulance call data and the City’s contract with Falck includes performance standards for response time. As a means to improve the City’s oversight of Falck’s response time performance, the City also proposed to amend the agreement with a requirement for Falck to submit, on a monthly basis, ambulance response time compliance data to OCEMS for review and validation to ensure adherence by Falck to contracted ambulance response times.

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

FISCAL IMPACT
Falck has agreed to provide transports with at least 24-hour notice at no additional charge; and has agreed to provide five free calls per year with less than 24-hour notice. For any additional calls with less than 24-hour notice, the City will be charged $60 per 15-minute increment. Considering the expected use of this service, staff does not anticipate incurring any charges; and therefore does not expect a fiscal impact to the Falck amendment for the additional SAPD non-emergency service.

EXHIBIT(S)

1. First Amendment to Agreement with Falck Mobile Health Corporation Submitted By: Alexander Trinidad, Acting Executive Director of Finance and Management Services Agency
Approved By: Alvaro Nuñez, City Manager
City Council 10 – 2 5/6/2025
EXHIBIT 1
City Council 10 – 3 5/6/2025
City Council 10 – 4 5/6/2025
City Council 10 – 5 5/6/2025
City Council 10 – 6 5/6/2025
City Council 10 – 7 5/6/2025
City Council 10 – 8 5/6/2025
City Council 10 – 9 5/6/2025
City Council 10 – 10 5/6/2025
Human Resources Department
www.santa-ana.org/HR
Item # 11
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
May 6, 2025
TOPIC: First Amendment to the Memorandum of Understanding between the City of Santa Ana and the Santa Ana Police Management Association

AGENDA TITLE
First Amendment to the Memorandum of Understanding between the City of Santa Ana and the Santa Ana Police Management Association

RECOMMENDED ACTION
Authorize the City Manager to execute a First Amendment to the Memorandum of Understanding (MOU) between the City of Santa Ana and the Santa Ana Police Management Association (PMA) for the period of January 1, 2022 through June 30, 2025, modifying and delineating specific articles of the MOU (Agreement No. A-2025-XXX).

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The City Council approved a Memorandum of Understanding (MOU) between the City of Santa Ana and the Santa Ana Police Management Association (PMA) on November 15, 2022. Article 6.0 of the MOU outlines parameters for an educational incentive program allowing employees to receive additional compensations for education and training above what is required for their classification. The City and PMA want to have and maintain a well-trained and educated command staff. The proposed changes would clarify the various levels of incentive payment and the requirements.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with these actions.

FISCAL IMPACT
For PMA, there is no immediate fiscal impact associated with this action. In the future, some sworn PMA members may qualify for an additional 5% of education incentive pay.

Based on language in the EMT Resolution, this amendment will allow the Chief of Police to immediately obtain an additional 5% of education incentive pay, equivalent to $13,947.

EXHIBIT

1. First Amendment to the Memorandum of Understanding between the City of Santa Ana and the Santa Ana Police Management Association City Council 11 – 1 5/6/2025
Memorandum of Understanding between the City of Santa Ana and the Santa Ana Police Officers Association and Resolution for the Santa Ana Police Management Association May 6, 2025

Page 2 ends

Submitted By: Lori Schnaider, Executive Director of Human Resources Approved By: Alvaro Nuñez, City Manager
City Council 11 – 2 5/6/2025
City Council 11 – 3 5/6/2025
City Council 11 – 4 5/6/2025
City Council 11 – 5 5/6/2025
Human Resources Department
www.santa-ana.org/hr
Item # 12
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
May 6, 2025
TOPIC: City Clerk Performance Evaluation and Compensation Adjustment

AGENDA TITLE
Third Amendment to City Clerk Employment Agreement

RECOMMENDED ACTION
Approve a third amendment to the City Clerk Employment Agreement reflecting the positive City Clerk performance evaluation conducted on April 15, 2025 and approving an increase to the City Clerk in the amount of deferred compensation provided by the City (Agreement No. A-2025-XXX).

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The City Clerk’s employment agreement with Jennifer L. Hall was first approved on February 7, 2023. The City Charter provides that the City Council shall conduct performance evaluations of its appointees on an annual basis. In addition, the City Clerk’s employment agreement provides for an annual performance evaluation and the opportunity for compensation adjustments based on positive evaluations. The City Council conducted a performance evaluation of the City Clerk on April 16, 2024. The City Clerk received a positive performance evaluation and the City Council allowed the City Clerk to return to the Council on October 15, 2024, for a mid-year performance evaluation.

Subsequently, the City Council conducted a performance evaluation of the City Clerk on October 15, 2024 and provided her with a positive performance evaluation, increase in compensation and an increase to the amount of deferred compensation provided by the City to an amount equal to the maximum contribution allowed by law (including the normal contribution only).

On April 15, 2025, the City Council provided the City Clerk with a positive performance evaluation for her annual review and directed staff to prepare an amendment to add the catch-up contribution to her deferred compensation provided by the City. There is no additional salary increase at this time.

ENVIRONMENTAL IMPACT
There are no environmental impacts associated with this action.

City Council 12 – 1 5/6/2025
City Clerk Performance Evaluation and Compensation Adjustment May 6, 2025

Page 2 ends

FISCAL IMPACT
Approval of these actions will result in an annual total contribution of approximately $1,875 in Fiscal Year 2024-25. There are sufficient funds in the City Clerk’s Office budget (account 01107031-61XXX) to cover the increased costs in the current fiscal year. The estimated total General Fund fiscal impact for FY2025-26 is $7,500, with funding to be included in the proposed budget for City Council consideration.

EXHIBIT(S)

1. Third Amendment to the City Clerk Agreement
Submitted By: Lori Schnaider, Executive Director of Human Resources Approved By: Alvaro Nuñez, City Manager
City Council 12 – 2 5/6/2025
City Council 12 – 3 5/6/2025
City Council 12 – 4 5/6/2025
Parks, Recreation, and Community Services
www.santa-ana.org/parks
Item # 13
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
May 6, 2025
TOPIC: Security Services for City Special Events

AGENDA TITLE
Agreement with Contemporary Services Corporation for Security Services for City Special Events (Specification No. 24-138) (General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Contemporary Services Corporation to provide security services for City special events in an amount not to exceed $500,000, for a three-year term beginning May 6, 2025 and expiring May 5, 2028, with provisions for two, one-year extensions (Agreement No. A-2025-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
Safety is a top priority at City events, and with rising attendance, contracting security services to support the Santa Ana Police Department (SAPD) helps ensure public safety and minimize potential incidents. To address this need, Request for Proposals (RFP) No. 24-138 was issued on December 3, 2024, through the City’s online bid management and publication system. A summary of vendor participation and results is as follows:
224 Vendors notified
9 Santa Ana vendors notified
52 Vendors downloaded the RFP packet
18 Responsive proposals received
1 Proposal received from Santa Ana vendor
Proposals were solicited, opened on January 7, 2025, and evaluated. Eighteen proposals were submitted by the RFP deadline, were determined to be responsive to the specifications, and met the City’s requirements. An evaluation committee reviewed and rated the proposals according to the criteria listed in the RFP.

Staff recommends awarding an agreement to the highest-ranking firm, Contemporary Services Corporation (Exhibit 1). Contemporary Services Corporation has a large City Council 13 – 1 5/6/2025
Security Services for City Special Events
May 6, 2025

Page 2 ends

number of employees and extensive experience with complex events, similar to our events, allowing the security services to be more organized and focused on prioritizing public safety during large events.

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

FISCAL IMPACT
Funding is available in the FY 24-25 budget and funding for subsequent fiscal years will be included in the proposed budgets for City Council consideration. The table below reflects estimates of amounts to expend by fiscal year; actual amounts may vary from year to year, but will not exceed the agreement total of $500,000 for the term of the agreement including extensions.

Fiscal
Year
Accounting
Unit-Account #
Fund
Description
Accounting Unit, Account
Description
Amount
FY 24-25 01113017-
62300
General
Fund
PRCSA-Service
Enhancement-Contractual
Services Professional
$25,000
FY 25-26 01113230-
62300
General
Fund
PRCSA-Recreation and
Community ServicesContractual Services
Professional
$100,000
FY 26-27 01113230-
62300
General
Fund
PRCSA-Recreation and
Community ServicesContractual Services
Professional
$100,000
FY 27-28 01113230-
62300
General
Fund
PRCSA-Recreation and
Community ServicesContractual Services
Professional
$100,000
FY 28-29 01113230-
62300
General
Fund
PRCSA-Recreation and
Community ServicesContractual Services
Professional
$100,000
FY 29-30 01113230-
62300
General
Fund
PRCSA-Recreation and
Community ServicesContractual Services
Professional
$75,000
Total $500,000
City Council 13 – 2 5/6/2025
Security Services for City Special Events
May 6, 2025

Page 3 ends

EXHIBIT(S)

1. Agreement with Contemporary Services Corporation
Submitted By: Hawk Scott, Executive Director of Parks, Recreation, and Community Services Agency
Approved By: Alvaro Nuñez, City Manager
City Council 13 – 3 5/6/2025

Page 1 of 10 ends

CONTRACTOR AGREEMENT WITH CONTEMPORARY SERVICES

CORPORATION TO PROVIDE SPECIAL EVENT SECURITY SERVICES

TO THE CITY OF SANTA ANA
THIS AGREEMENT is made and entered into on this 6th day of May, 2025 by and between Contemporary Services Corporation, a California corporation (“Contractor”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. On December 3, 2024, City issued Request for Proposal (“RFP”) No. 24-138, by which it sought to retain a Contractor having special skill and knowledge in the field of special event security services for the City’s Parks, Recreation, and Community Services Agency.

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

Contractor represents that it is able and willing to provide such services described in the Scope of Work that was included in RFP No. 24-138.

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

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

1. SCOPE OF SERVICES
Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the Scope of Services - Exhibit A, attached hereto and incorporated herein, and as further described in Contractor’s Proposal - Exhibit B, attached hereto and incorporated herein.

2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Contractor ‘s Fee Proposal – Exhibit C, attached hereto and incorporated herein. The total compensation for services provided under the Agreement, including any extension periods, shall not exceed $500,000.00.
b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Contractor agree that all payments due and owing under this Agreement shall be made City Council 13 – 4 5/6/2025

Page 2 of 10 ends

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 performance set forth in the Recitals which may reasonably be expected by City.

3. TERM
This Agreement shall commence on May 6, 2025 and end on May 5, 2028, with the option for the City to grant up to two (2), one (1) year extensions, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below.

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

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

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”), unless City Council 13 – 5 5/6/2025

Page 3 of 10 ends

disclosure of such records is protected by the attorney-client privilege, attorney work product doctrine, and/or the Uniform Trade Secret Act or California Uniform Trade Secret Act. Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement.

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

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

MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
• Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate.
• Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of $1,000,000.
• Workers’ Compensation (W/C): as required by the State of California, with statutory limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident, per employee, per policy for bodily injury or disease. This requirement can be waived if Vendor has no employees.

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

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

Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an City Council 13 – 6 5/6/2025

Page 4 of 10 ends

endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

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

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

Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance.

Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. The City and Contractor hereby agree and acknowledge that this waiver of subrogation provision and any endorsement reflecting a waiver of subrogation issued by any of Contractor’s insurers shall not apply or be enforceable against Contractor or any of Contractor’s insurers if the incident or accident necessitating payments by Contractor or Contractor’s insurers was caused by the sole negligence of the City and/or its employees, agents, contractors, or service providers.

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. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

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

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

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

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

City Council 13 – 7 5/6/2025

Page 5 of 10 ends

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

Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

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: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the sole 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.

Contractor shall not indemnify, defend or hold harmless the City from and against any liability, cost or expense arising out of the negligence or willful misconduct of the City or the independent acts of third parties not affiliated with Contractor. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including reasonable fees regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.

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.

City Council 13 – 8 5/6/2025

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

11. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City.

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

13. NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all City Council 13 – 9 5/6/2025

Page 7 of 10 ends

applicable federal, state and local laws and regulations.

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

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

16. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and 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.

17. 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.

City Council 13 – 10 5/6/2025

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

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

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

To City:

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

Executive Director
Parks, Recreation, and Community Services
City of Santa Ana
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702
To Contractor:

Contemporary Services Corporation
Mark Glaser
Executive Vice President, Operations
City Council 13 – 11 5/6/2025

Page 9 of 10 ends

17101 Superior St.

Northridge, CA 91325
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.

21. CALIFORNIA AIR RESOURCES BOARD COMPLIANCE
Contractor shall comply, and shall ensure all subcontractors comply, with all applicable requirements of the most current version of the regulations imposed by California Air Resources Board (“CARB”) including, without limitation, all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”).

Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and its subcontractors’ fleets including, without limitation, the Certificates of Reported Compliance (“CRCs”), fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the City.

Contractor shall be solely liable for any and all costs associated with compliance with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Contractor shall defend, indemnify and hold harmless the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation.

22. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
[signatures appear on following page]
City Council 13 – 12 5/6/2025

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SIGNATURE PAGE TO CONTRACTOR AGREEMENT WITH CONTEMPORARY

SERVICES CORPORATION TO PROVIDE SPECIAL EVENT SECURITY SERVICES

TO THE CITY OF SANTA ANA
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.

ATTEST CITY OF SANTA ANA

Jennifer L. Hall Alvaro Nunez
City Clerk City Manager
APPROVED AS TO FORM CONTRACTOR:

SONIA R. CARVALHO
City Attorney
By:

Jonathan T. Martinez By:

Assistant City Attorney Title:

RECOMMENDED FOR APPROVAL

Hawk Scott
Executive Director
Parks, Recreation, and Community Services Agency
Timothy Pagano
Deputy Director
Mark Glaser -Corp
City Council 13 – 13 5/6/2025

EXHIBIT A

SCOPE OF SERVICES
City Council 13 – 14 5/6/2025

CITY OF SANTA ANA
Contractor shall perform services as set forth below.

A. Contractor General Requirements

1. Provide Security Services for City Special Events, including but not limited to Tet, Santa Ana Fun Run, Egg-Cellent Adventure, 4th of July, Chicano Heritage Festival, Fiestas Patrias, Movies in the Park, Concerts in the Park, etc.

2. Contracted security services will include a specific number of guards, post locations, and security hours per event, which will be determined by Santa Ana Police Department and City Special Event staff.

3. Contracted security services will be required to submit a quote for approval from Special Events Staff before the event.

4. Contractor must be able to provide Security Guards for as-needed assignments within 24 hours of notification from City Representative.

5. The contractor should be prepared to provide on-call security guards as needed by the City or reduce service levels as determined at the City’s sole discretion.

6. Orientation time is billable for no more than thirty (30) minutes. When multiple guards are required, only the security guard supervisor will be paid for the orientation time.

7. Keep an updated and approved Security Guard list, which must include, but not limited to:
a) Full Name: First, Middle, Last
b) Photo: Current, face
c) Address: Residence
d) Phone Numbers: Contact
e) Security Guard Registration: current
f) CA driver’s licenses: current
g) Experience: at least 12 months prior work experience as a registered security guard

8. Do not place any guards at any posts unless that guard is on the approved security guard list.

9. The City shall have the right to require the removal and replacement of the Contractor’s staff assigned to this contract. The City is not required to provide any reason, rationale or additional factual information if it elects to request any specific key personnel be removed from performing services under the awarded contract. The City shall review and approve the appointment of the replacement for the Contractor’s personnel. Said approval shall not be unreasonably withheld.

10.At City’s sole discretion, City may allow a security guard, who is removed from post assignment, to be reassigned only after said security guard has been fully retrained or received additional training at Contractor’s sole expense and to City’s satisfaction.

EXHIBIT I

SCOPE OF SERVICES
City of
City Council
Santa Ana RFP No. 24-138
13 – 15 5/6/2025

Page 16 of 33 ends

CITY OF SANTA ANA
B. Contractor Staff Responsibilities & Requirements
Contractor’s staff general responsibilities and requirements include, but are not limited to the following:

1. Maintain direct communication with stakeholders such as City staff and Santa Ana Police Department.

2. Have the ability to share contact information such as a work-cell phone or radio.

3. Provide a positive and enforcement presence to deter negative activity and to promote safety at City Events.

4. Monitor, observe, and report illegal activities, suspicious activities, and provide assistance to Santa Ana Police Department, residents, and City staff.

5. Visually inspect and observe outdoor designated checkpoints at regular intervals to maintain adequate security coverage at City Events.

6. Contact Santa Ana Police Department when necessary upon observance of suspicious behavior or criminal activity.

7. Submit daily activity reports within six hours of prior security shift, noting any security incidents, suspicious activities, or calls to Santa Ana Police Department.

8. Security guard services include, but are not limited to: patrolling areas by foot, bicycle or street-legal cart; monitoring and responding to security issues, and performing the post orders and pass down duties.

9. Supervisor Requirements
At minimum, Supervisor responsibilities and requirements include the following:
a) Must have training and supervisory experience commensurate with the requirements as specified herein.
b) Ensure that all posts have an approved security guard at all times and for the duration required.
c) Ensure that the Contractor provides an approved security guard for any late, absent or dismissed security guards.
d) Act as the liaison between City and Contractor regarding all issues pertaining to security guard and performance.
e) Act as the liaison between City and contracted guards in regards to check-in, duties, breaks, rotating staff, etc.
f) Supervisor must be available whenever guard shifts are being performed, including holidays, by telephone to respond to any issues that may arise as specified herein and respond to any such inquiries in a timely manner while implementing appropriate resolution actions.

10.Security Guard Requirements
At minimum, Security Guards responsibilities and requirements include the following:
a) English & Spanish language skills required.
b) Must abide by all requirements as specified herein and by all applicable legal requirements.
c) Must abide by all applicable California Bureau of Security and Investigative Services requirements.

City of
City Council
Santa Ana RFP No. 24-138
13 – 16 5/6/2025

Page 17 of 33 ends

CITY OF SANTA ANA
d) Must wear the appropriate uniform at all times while performing duties as specified herein.
e) Shall report to work on time and work the entire duration of assigned shift, as scheduled.
f) Shall perform all of the Post Orders and Pass Downs as applicable. g) Shall perform duties in a professional manner at all times, including appropriate behavior and attitude, well-maintained appearance including, but not limited to:
i. Covering up inappropriate tattoos
ii. No jewelry except wedding ring and/or watch may be worn. h) Exhibit competent command of the English language and efficiency in communicating with the public.

C. Uniforms
Contractor must furnish and replace uniforms and identifying apparel items as needed at its own cost to staff assigned to this contract as follows:

1. Clean and well-maintained matching soft uniforms for each event security guard including but not limited to:
a) Jacket;
b) Shirt;
c) Pants;
d) Shoes;
e) Raingear (as-needed basis for inclement weather);
f) Personal Protective Equipment (disposable face mask, hand sanitizer, etc.)

2. Appropriate identification badges, patches, or screen prints easily visible to City Staff and all visiting patrons.

3. Sufficient quantity of each item above to allow each security guard to have an appropriate number of change outs: shirts and pants on a per shift basis; shoes on an as-needed basis.

4. Ensure that all uniforms are clean and well pressed and always look professional.

Uniforms with tears and excessive wear and/or color fading shall not be acceptable and must be replaced by Contractor.

5. Security guards are not to substitute any of the above uniform articles.

6. Any security guard who reports to their assigned post and does not have the appropriate uniform must be immediately (within 1 hour) replaced with a guard that has the appropriate uniform.

D. Equipment
Contractor must furnish and replace required equipment as needed at its own cost to staff assigned to this contract as follows:

1. Cell phones or radios to facilitate on-site communication between guards, supervisor, City staff and Santa Ana Police.

2. Transportation car, golf cart, and/or electric vehicle (optional): Transportation vehicle will be used predominantly for security guards to patrol the area more efficiently and may be used to transport goods and/or people for urgent or sensitive matters at City Events.

City of
City Council
Santa Ana RFP No. 24-138
13 – 17 5/6/2025

Page 18 of 33 ends

CITY OF SANTA ANA
E. Reports

1. Submit activity reports from the prior security shift within six hours, in the method required, and on the forms required by the City.

2. All reports must include any pertinent information or backup documentation with your reports, including date, time, persons (if applicable) involved, location, etc.

3. General: Report immediately, verbally and in writing as soon as practically possible taking safety into consideration; especially concerning issues that may require immediate action to avoid potential escalation. If possible, take photos of the observation or interaction and attach to email, text, and written reports.

4. Safety, Injury, or Damage: any impending, occurring, or potential hazards, incidents, or accidents that have harmed, are harming, or could likely harm persons, animals, plants, property, environment, or the like.

5. Public Nuisances: any observations of any public nuisances.

6. Work Performance Delays: anything that is or could potentially delay or prevent work from being performed within the designated times and locations.

7. Follow up Activities: all action items from the above section, which may have been verbally reported, but a written report was not possible at the time; and all action items as required by City Representative.

F. Legal & Best Practice Requirements

1. Contractor must be self-informed, abide by, and comply with all, current and applicable, local, county, state, federal and other legal requirements and best practices at all times.

2. Shall not cause, allow to be caused, or permit the continuance of any violation of any legal requirements or best management practices.

3. Shall be responsible and bear all associated costs should any work be performed in contrary to any laws, ordinances, codes, rules, or regulations.

4. Contractor must provide all labor, supervision, materials, tools, supplies, equipment and the like required to perform services as specified herein at its own expense.

5. Contractor must perform and comply with all work per these specifications, according to all applicable and acceptable industry standards, of the highest quality commensurate with the required service.

6. Contractor must comply with and be fully responsible at all times for being up-to-date regarding all applicable legal requirements in accordance with the attached specifications.

G. Rates
Contractor to submit hourly rates, overtime rates, holiday rates for guards and supervisors.

City of
City Council
Santa Ana RFP No. 24-138
13 – 18 5/6/2025

Page 19 of 33 ends

EXHIBIT B
CONTRACTOR’S PROPOSAL
City Council 13 – 19 5/6/2025
Contemporary Services Corporation
The Leader in Crowd Management ®
Proposal to:

City of Santa Ana
for Security Services
Due: January 7, 2025 | 4:00PM PST
Submitted to:

Monique Leon
Parks, Recreation & Community Services Supervisor
City of Santa Ana - Parks, Recreation and Community
Services
20 Civic Center Plaza
Santa Ana, CA 92701
Submitted by:

Mark Glaser
Executive Vice President, Operations
Contemporary Services Corporation
17101 Superior St.

Northridge, CA 91325
[email protected]
City Council 13 – 20 5/6/2025
1 This item contains and consists of confidential and proprietary information belonging to Contemporary Services Corporation and is not to be reproduced, copied, or used without its express written permission.

Dear Monique Leon, Parks and Recreation & Community Services Supervisor:

I am pleased to present this proposal from Contemporary Services Corporation (“CSC”) to the City of Santa Ana. CSC is a California incorporated company with branch offices throughout the United States and has extensive operations in California. Established in 1967, CSC’s experience and expertise are unparalleled. Its long-term and esteemed clientele base is a testament to CSC’s strong history of reliability, honesty, and performance. No matter how large or small of an event or venue, CSC is committed to your success, as well as to providing a safe and enjoyable experience for all event patrons.

CSC’s national and local structure has allowed for an experienced and dedicated team that will meet your requirements and continuously strive to exceed your expectations. Our ambassadors understand the importance of patron safety combined with the delivery of exceptional guest services. CSC’s national training program continues to exceed industry standards. All managers and key personnel hold certifications for National Incident Management System (NIMS), Incident Command System (ICS) and Module 1 of Trained Crowd Manager (TCM).

CSC has over 60,000 active and trained team members nationally, and currently provides crowd management services for over 200 stadiums, arenas, and theaters, 110 universities and scholastic institutions, and 50 convention centers including:
• Anaheim Convention Center (Anaheim, CA) • Renegade Racing (Orange County, CA) • Capistrano Unified School District (Orange County, CA)
• The Observatory (Santa Ana, CA) • Boots in the Park (Fresno, CA) • The Kia Forum (Inglewood, CA) In addition, CSC services 7 NFL teams, 6 NHL teams, 5 MLB clubs, 4 MLS clubs, and 4 NBA teams.

CSC has extensive experience performing screening services utilizing metal detection devices.

Nationally, CSC annually screens over 60 million guests and employees at major venues and events including NFL, NBA, MLB, NHL, several MLS and NCAA clients, golf tournaments, festivals, and many other entertainment events. These services extended to numerous Super Bowls, which have been designated as a National Special Security Event (NSSE). This is an event of national or international significance deemed by the Department of Homeland Security to be a potential target for terrorism and therefore requires an enhanced degree of scrutiny on security procedures.

Included in this proposal is an overview of our Qualifications, Experience, References, Management Team, Training, Cost Proposal and other information demonstrating why CSC is the best qualified partner for the City of Santa Ana. If you have any questions concerning this proposal, please don’t hesitate to contact me. We look forward to a successful partnership with you and your team.

Sincerely,
Mark Glaser
Executive Vice President, Operations
Contemporary Services Corporation
17101 Superior Street 303.808.5987
Northridge, CA 91325 [email protected]
January 7, 2025
A Cover Letter
City Council 13 – 21 5/6/2025
This item contains and consists of confidential and proprietary information belonging to Contemporary Services Corporation and is not to be reproduced, copied, or used without its express written permission. 2 TABLE

OF CONTENTS
A Cover Letter 1
B Services Provided 5
C Agreement Statement 7
D Firm and Team Experience 10
E Proposed Work Plan 18
F References 21
G Cost Proposal 23
Appendix 24
A Proposer’s Certification & Proposal Item Pricing A1
B References A2
C Proposer’s Statement A3
D Non-Collusion Affidavit A4
E Non-Lobbying Certification A6
F Non-Discrimination Certification A7
City Council 13 – 22 5/6/2025
3 This item contains and consists of confidential and proprietary information belonging to Contemporary Services Corporation and is not to be reproduced, copied, or used without its express written permission.

STATEMENT OF QUALIFICATIONS
City Council 13 – 23 5/6/2025
This item contains and consists of confidential and proprietary information belonging to Contemporary Services Corporation and is not to be reproduced, copied, or used without its express written permission. 4 CSC Culture in Service
Our mission is to enthusiastically
provide guests with a friendly,
service-focused approach
that will safely maximize their
enjoyment of the event.

Our vision is to create and
maintain the most highly
respected, professional, servicefocused staff in the industry.

Our purpose is to provide
PROFESSIONAL service that
enhances the event experience
for all guests who patronize our
clients’ facilities.

City Council 13 – 24 5/6/2025
5 This item contains and consists of confidential and proprietary information belonging to Contemporary Services Corporation and is not to be reproduced, copied, or used without its express written permission.

B Services Provided
A description of proposed services to be provided and how they meet the needs of the City as described in Exhibit I - Scope of Services.

RESPONSE: CSC has more than 50 years of experience in the security, guest services, and crowd management industry. This experience allows CSC to provide highly trained and skilled personnel for any requirements as listed in Exhibit I - Scope of Services.

In addition when needed, CSC Orange County can receive support, both staff and logistical resources, from other CSC branches including San Bernardino, Los Angeles, and San Diego. Since CSC training is standardized throughout the company, outside staff integrate seamlessly with staff from the local office.

As shown below, the City of Santa Ana can be assured that your events will be filled with welltrained, highly knowledge staff that are familiar with your policies and procedures as well as your management team.

Staffing & Workforce – Building the Team
Solid plans and effective management are important, but it is the Event Services workforce that reflects the capabilities, culture and level of
commitment of the entire organization. It is for
this reason that CSC places such a strong emphasis on the recruitment, administration, training and support of this large group of personnel.

Recruitment & Selection
Focuses on managing and coordinating the processes to identify, attract, select, and assign labor to the various positions in the Security Services
operation.
• Recruitment – Being a large user of paid
hourly staff, CSC’s involvement would begin at the planning stages to ensure proper coordination and development of labor sources, applicant data management, screening processes, placement procedure, candidate communication and retention. • Staff Selection – Strategy and process to
select staff from the identified pool. This
process may be a mix of individual interviews, group interviews, data analysis or recommendations from a third party (e.g.,
seconded positions)
Staff Demand Analysis
• Working closely with management, this
function involves determining the optimal
size of the Event Services workforce across
all areas of the event.
• Staff Estimation – Combining predetermined scope, staffing standards (Staff to Supervision ratios of 10 to 1 – relevant to
area of responsibility) and base venue assumptions to review current staff demand and budget estimates
• Peak Headcount Dot Plans – Using staffing
standards and site analysis review to determine the peak number of staff required in each venue. These plans will be tailored
to each phase of the operation and type
of shift.
• Shift Strategies and Staff Pooling – Using
venue schedules and dot plans to create
blank schedules, taking into consideration
the optimal way to structure shifts, supervise groups and redeploy personnel across all Event Services duties. This process will
refine the staff estimations and maximize
the utilization of the workforce.

Staff Scheduling
This process involves the merging of the staff demand and staff supply efforts. • Schedule Building – Utilizes the staff
demand that has been previously determined
• Workforce Availability – Confirming the
availability of the workforce for specific
shifts
• Rostering – Assigns staff to shifts, creating individual work rosters. This process is reliant on a computer-based scheduling
system provided by CSC/ProtaTECH.

City Council 13 – 25 5/6/2025
This item contains and consists of confidential and proprietary information belonging to Contemporary Services Corporation and is not to be reproduced, copied, or used without its express written permission. 6 • Roster Change Management – The ongoing management of changes to the initial rosters. It is not uncommon to average
one change per individual.

The following describes CSC’s approach to organizing and delivering Event Services. Operations Management drives the detailed planning and
delivery of Event Services across the entire event
project, with a particular emphasis on efficacy
and consistency.

These are key processes and outputs of this effort:

Operations Management Meetings
• Regular meetings with other departments
and management, in accordance with
operating structures.

Event Timelines & Schedules Coordination
• Coordination of Phases of Operations
• Coordination of Daily Run Sheet
preparation & Integrated Daily Run Sheet
• Coordination of Venue Timeline (Day by
Day Schedule)
Planning Analysis
• Review of Venue Plans for Event Services &
related departments
• Review of other departmental plans
connected to the Event Services role
• Review of policies and procedures. Special
attention on site access and spectator
restricted actions.

Operational Documentation
• Event Operations Plans and Operational
Worksheets
• Policies & Procedures
• Event-time Reporting & Briefing
Documentation
• Post-Event Evaluation Reports
Other Projects related to Event Services
Operations
• Contingency Planning
• Coordination of Security Services duties
related to Venue Emergency Response
Plans
• Event Services Communication
involvement & reporting
CSC employs a number of strategies and processes
to ensure effective operations and achieve high
levels of service to customers and stakeholders,
including:

Daily Staff Briefings
• Staff are briefed at every shift on the most
up-to-date venue information, relating
to a variety of issues including weather,
transport, crowd numbers and changes to
post instructions.

Post Prioritization
• Post Prioritization plans, which were developed during the planning phase, are implemented to ensure staff is suitably allocated to cover the venue needs on any particular
shift.

Redeployment and Post Rotation
• Staff retention is critical; rotation and redeployment are built into the plan to keep staff interested in their role.

Field Support Operations
The Field Support Team handles a myriad of
needs and helps keep staff motivated. Their
tasks include:
• Distribution of documents, maps and
reports for staff
• Distribution of equipment and supplies to
team members
• Paid staff sign in and sign out
• Deployment of personnel into operational
teams and positions on site
Event Debriefing
• Event debriefing sessions are conducted to
maintain regular feedback loops and constantly improve operations during eventtime.

City Council 13 – 26 5/6/2025
7 This item contains and consists of confidential and proprietary information belonging to Contemporary Services Corporation and is not to be reproduced, copied, or used without its express written permission.

C Agreement Statement
Proposal shall include a statement outlining your concurrence or reference to concerns previously submitted with any and all provisions as contained in EXHIBIT II - Sample Agreement of this RFP (if any).

RESPONSE: CSC’s proposed exceptions to the Sample Agreement are listed below and on the following pages.

The following serves as Contemporary Services Corporation’s (CSC) Exceptions to the City of Santa Ana Request for Proposal for Security Services for City Special Events (RFP#24-138).

Deletions to the text of the Solicitation are noted with a strikethrough. Additions to the text of the Solicitation are noted by italicized and underlined text. Explanations for revisions or clarifications are noted in italicized text.

Text not referred to or included herein is deemed acceptable and unmodified.

RFP Page 13 of 33
R. OWNERSHIP OF DOCUMENTS
The City has permanent ownership of all directly connected and derivative materials produced under this contract by the Contractor. All documents, reports and other incidental or derivative work or materials furnished hereunder shall become and remains the sole property of the City and may be used by the City as it may require without additional cost to the City.

Contractor shall provide the City copies of documents upon its request at any time. None of the documents, reports and other incidental or derivative work or furnished materials shall be used by the Contractor without the express written consent of the City.

Notwithstanding this provision, however, City acknowledges and agrees that materials, reports, and other documentation of any kind generated with the ordinary course and scope of CSC’s business operations (including but not limited to event file documentation, incident reports, personnel files, etc.), and communications and documents are subject to attorney-client privilege and attorney work product privileges and are not subject to disclosure. The City further acknowledges that documents classified as trade secrets (including but not limited to training materials and operational procedures) under the Uniform Trade Secret Act and California Uniform Trade Secret Act are excluded from disclosure under this provision.

CSC respectfully requests that the language above be added to this provision, to ensure that documentation prepared in the ordinary course and scope of its business operations remain its business records. This practice would be consistent with the maintenance of CSC’s independent contractor relationship with City. Further, CSC reserves to the right to exclude protected as trade secrets under the Uniform Trade Secrets Act and the California Uniform Trade Secret Acts (Cal. Civil Code § 3426- 3426.11) as these documents were developed through the years of investment by CSC to create and maintain policies and procedures that are the industry standard and for which other companies would need years of time and dedicated financial resources to duplicate.

EXHIBIT II

SAMPLE AGREEMENT
RFP Page 21 of 33

5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this City Council 13 – 27 5/6/2025
This item contains and consists of confidential and proprietary information belonging to Contemporary Services Corporation and is not to be reproduced, copied, or used without its express written permission. 8 Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.

Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

See explanation directly above.

6. INSURANCE
* * * *
Additional Insured Status
The City, its officers, officials, and employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations and subject and limited to the indemnification obligations of the Agreement. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

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

CSC respectfully requests the foregoing changes. CSC’s insurer requires that any agreement to list other parties as additional insured on CSC’s policies must be subject to the indemnification provisions of that agreement. Further, CSC does not additional insure volunteers.
* * * *
Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

CSC is not able to waive subrogation as to its worker’s compensation policy under the terms of its current policy coverages.

CSC insurance policies are structured with self-insured retentions and deductibles: workers comp- deductible $500,000; general liability- SIR $250,000; professional- SIR $250K.

City Council 13 – 28 5/6/2025
9 This item contains and consists of confidential and proprietary information belonging to Contemporary Services Corporation and is not to be reproduced, copied, or used without its express written permission. * * * *
RFP Page 22 of 33

7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the sole negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. Consultant shall not indemnify, defend or hold harmless the City from and against any liability, cost or expense arising out of the negligence or willful misconduct of the City or the independent acts of third parties not affiliated with Consultant. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including reasonable fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.

CSC respectfully requests the foregoing changes. CSC believes that indemnification should be tied to a level of culpable conduct for which CSC should, in fairness, be held responsible. CSC should not be responsible for the sole negligence or willful misconduct on the part of third parties that are not associated with CSC.

RFP Page 23 of 33

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

Notwithstanding this provision, however, City acknowledges and agrees that materials, reports, and other documentation of any kind generated with the ordinary course and scope of CSC’s business operations (including but not limited to event file documentation, incident reports, personnel files, etc.), and communications and documents are subject to attorney-client privilege and attorney work product privileges and are not subject to disclosure. City further acknowledges that documents classified as trade secrets (including but not limited to training materials and operational procedures) under the Uniform Trade Secret Act excluded from disclosure under this provision.

CSC respectfully requests that the language above be added to this provision, to ensure that documentation prepared in the ordinary course and scope of its business operations remain its business records. This practice would be consistent with the maintenance of CSC’s independent contractor relationship with City. Further, CSC reserves to the right to exclude protected as trade secrets under the Uniform Trade Secrets Act as these documents were developed through the years of investment by CSC to create and maintain policies and procedures that are the industry standard and for which other companies would need years of time and dedicated financial resources to duplicate.

City Council 13 – 29 5/6/2025
This item contains and consists of confidential and proprietary information belonging to Contemporary Services Corporation and is not to be reproduced, copied, or used without its express written permission. 10 D Firm and Team Experience
RESPONSE: Contemporary Services Corporation (CSC) is recognized worldwide as the pioneer and expert in the crowd management field.

CSC developed the concept of peer group security techniques, and through over five decades of continual refinement and evolution, CSC has
successfully remained the leader in the crowd
management and event security industry.

CSC has a history of delivering exceptional services for events and venues from as small as one guest to multi-day events hosting hundreds of
thousands. This broad experience has enabled
CSC to build a knowledgeable group of professionals with expertise in every crowd management application. In addition, CSC’s international network of managers and experts allows for an interactive flow of knowledge and resources
to each client.

Experience
CSC has delivered services for every type of
entertainment and sporting event, including
34 Super Bowls, 9 World Series, 4 MLB All-Star
Games, 10 NCAA Men’s Final Four, 5 annual
College Bowl Games, 4 NHL Finals, 8 NBA Finals,
10 Olympic Games, 5 Presidential Inaugurations,
4 Papal Visits, and 2 FIFA World Cups.

Other relevant experience includes:
• Formula 1 Grand Prix
• PGA Championship
• New York City Marathon
• Coachella Valley Music and Arts Festival
CSC also handles and manages some of the
largest concert tours in the nation including U2,
Tim McGraw, Rihanna, The Rolling Stones, Jay-Z
and Beyoncé, Guns N’ Roses, and Taylor Swift.

CSC’s team of experienced managers effectively
recruit, vet, hire, and train ambassadors who will
represent both you and your venue and event in
a professional manner.

Its management team, corporate infrastructure,
support, training, and quality supervision are
what set CSC apart from other crowd management companies. CSC has found that investing its revenue and resources back into clients’ programs assures long-term success over short-term profits. Success is based on the continual focus
of quality and innovation within the following
four key areas: knowledgeable and experienced
management, high quality workforce, worldclass training, and cutting-edge technology.

CSC’s investment in systems, tools, and personnel come together in a service designed to meet the needs of each client.

Employee Owned Company
In January 2019, CSC became an ESOP (Employee Stock Ownership Plan). Being part of an ESOP company can provide unique rewards for
employees. Participants in the plan can receive
significant retirement benefits at no monetary
cost to them. Research also shows ESOP companies are more productive, faster growing, more profitable, and have lower turnover. In addition,
an ESOP is a great way to enhance the company’s ability to recruit and retain their workforce.

Workforce
Continual and forecasted recruitment, training,
& execution of crowd management services
for venues and events is the core competency
of CSC. To accomplish this, we have aggressively honed our recruiting. We have made heavy investment in technology to improve our online
Hiring Portal, creating a true paperless environment and streamlining the onboarding process.

With its existing team of outstanding event managers, as well as targeted workforce recruitment and selection, CSC continually has access to the
most qualified event staff available. These outstanding team members will ultimately be responsible for contributing to the safety of your venue as well ensuring that every guest has an
enjoyable event experience.

Training
CSC’s event knowledge and expertise is disseminated to its staff through world-class training solutions. To ensure that team members are
Proposal shall include a profile of the firm’s experience including the following:
i. A general description of the firm, including size and number of employees working directly with the City on this agreement.

City Council 13 – 30 5/6/2025
11 This item contains and consists of confidential and proprietary information belonging to Contemporary Services Corporation and is not to be reproduced, copied, or used without its express written permission. prepared for any situation, all trainings are continually refined and focused to meet both client and guest expectations. All CSC staff members
undergo an extensive orientation and receive
ongoing training throughout the course of employment. Guest services programs are also continually updated in response to industry needs, and CSC has received high grades from secret
shoppers, NBA Audits, and NFL “best practices”
personnel at facilities across the country. Additionally, CSC has improved its practices through the development of training materials for multiple Olympic Games.

Occupational Health & Safety
CSC maintains a full time operation to guide
employees in identifying and correcting workplace issues before they cause an illness or injury. Its goal is to be proactive in nature to ensure workplace safety, and reduce hazards. Routine
training and Best Practices provides CSC with
the tools needed to maintain a safe working environment and an efficient response if an illness or injury occurs in the workplace.

Qualifications
As events become more high profile and complex, it is imperative to partner with a crowd management and event security firm who will
not only meet your particular requirements, but
who will also be a strategic partner to help manage and reduce your risks. CSC received “Designation” and “Certification” under the U.S. Department of Homeland Security’s SAFETY Act (Support Anti-terrorism by Fostering Effective
Technologies Act). More information on CSC’s
SAFETY Act and what it means to the City of
Santa Ana can be found under the SAFETY Act
section.

Local Operation
CSC’s Orange County branch has a robust staffing base, consisting of 8 full-time employees and over 650 part-time employees who can assist
with the City of Santa Ana agreement.

City Council 13 – 31 5/6/2025
This item contains and consists of confidential and proprietary information belonging to Contemporary Services Corporation and is not to be reproduced, copied, or used without its express written permission. 12 As events become increasingly more high-profile, deterrence and defense against potential acts of terrorism require well-trained and managed personnel to implement complex security procedures. More than ever, today’s events rely
on the abilities of security service providers to
deliver an excellent customer experience while
managing and mitigating risks to the public. CSC
understands this and has taken steps to protect
its clients from litigation and liability arising from
such acts.

On July 18, 2013, the U.S.

Department of Homeland
Security (DHS) awarded
CSC the “Designation” level
of SAFETY Act coverage for
Event Security Services, officially approving CSC’s core competencies as a Qualified Anti-Terrorism Technology (QATT). This
coverage provides legal liability protections to
venue ownership where CSC provides its Event
Security Services. Core competencies include
physical screening, access control, and crowd
management.

On April 20, 2017, after continued enhancements to its processes, DHS awarded CSC the “Certification” level for Event Security Services.

As described on the DHS SAFETY Act web site,
the Services are a “suite of safety and security
services designed, in part, to deter, detect, disrupt, respond to, and mitigate Acts of Terrorism.

The services are deployed at: arenas, stadiums,
performing arts venues, convention centers, race
tracks, etc., and outdoor festivals, concerts, and
golf tournaments. The Technology is a set of core
activities invariable across all deployments, and a
set of enhanced, customer-driven activities not necessarily suitable at all venues or event
types.” With the Certification,
CSC was placed on the official
SAFETY Act Approved Technologies List.

CSC received these recognitions by DHS after a
very thorough evaluation of our policies, training
procedures, and operations. DHS made several
site visits to venues where CSC provides security
services and was complimentary of the professionalism and effectiveness of our workforce. CSC representatives spent countless hours on the
phone, in meetings and face-to-face with DHS
officials demonstrating to them that CSC is not
a “traditional” guard service. CSC is proud to be
the first crowd management company to have
received SAFETY Act Designation and Certification for Event Security Services.

What this means for the CSC client
Under this coveted award, when a Technology is
Designated as a QATT, the Seller of the QATT (i.e.,
CSC) is granted limited liability for third-party
claims arising out of the deployment of the QATT
with respect to an “Act of Terrorism” (as defined
in the SAFETY Act and the implementing regulations).
“Through our 54 year history, we have always remained progressive and contemporary with societal changes and event needs. Working with DHS, we identified training methods and operational plans that could be modified to better meet the overall safety objectives. We believe that giving our clients this peace of mind sets us far apart from any of our competitors. Not only that, our ESOP employees/owners can also rest assured since this mitigates chances of catastrophic loss and protects the company’s future in the event of worst-case scenarios. And in our business, we are especially aware of the need to be prepared for anything- and this shows exactly that.” Damon Zumwalt
CSC Founder and CEO
SAFETY Act
City Council 13 – 32 5/6/2025
13 This item contains and consists of confidential and proprietary information belonging to Contemporary Services Corporation and is not to be reproduced, copied, or used without its express written permission.

The most important thing for our clients and potential clients to know is that according to DHS’s published Regulations (see language below),
CSC becomes the sole entity that can be sued for
third-party injuries associated with the services it
provides, effectively shielding our clients from liability. In other words, if an Act of Terrorism occurs at a locale where CSC is deployed, any third-party
lawsuits alleging shortcomings of CSC’s covered
services can only be brought against CSC, thus
immunizing the client from lawsuits that they
might otherwise face in the absence of CSC’s
SAFETY Act Designation/Certification.
6 CFR Part 25 (§ 25.7 Litigation Management
(d), Page 33166, excerpt): [emphasis added]
[Note, CSC is defined as the “Seller”]
(d) There shall exist only one cause of
action for loss of property, personal
injury, or death for performance or nonperformance of the Seller’s Qualified AntiTerrorism Technology in relation to an Act of Terrorism. Such cause of action may
be brought only against the Seller of the
Qualified Anti-Terrorism Technology and
may not be brought against the buyers, the
buyers’ contractors, or downstream users
of the Technology, the Seller’s suppliers or
contractors, or any other person or entity.

Additionally, having CSC as
your event security services
provider can significantly ease the burden on a
venue’s own SAFETY Act
application. Rather than
having to provide lengthy
narratives and provide effectiveness data about internal or an unknown third-party’s security policies and procedures, the venue can describe its oversight and quality assurance of CSC and reference CSC’s Certified services.

City Council 13 – 33 5/6/2025
This item contains and consists of confidential and proprietary information belonging to Contemporary Services Corporation and is not to be reproduced, copied, or used without its express written permission. 14 RESPONSE: Addresses for CSC’s nearest branch office and headquarters office may be found below.
ii. Firm’s nearest address serving the City of Santa Ana and headquarters address.

Local Office
CSC - Orange County
1439 W. Orangewood Avenue
Orange, CA 92868
Headquarters Office
Contemporary Services Corporation
17101 Superior Street
Northridge, CA 91325
RESPONSE: CSC’s proposed Project Manager/Principal Agent is Alan Wagner. iii. Name and contact information of the supervising Project Manager/Principal Agent, to be assigned to the agreement. The Project Manager/Principal Agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited to an interview.

RESPONSE: Resumes for key personnel may be found on the following pages. iv. Resumes for all key staff proposed describing relevant experience.

City Council 13 – 34 5/6/2025
15 This item contains and consists of confidential and proprietary information belonging to Contemporary Services Corporation and is not to be reproduced, copied, or used without its express written permission.

Key Personnel
Alan Wagner
Hiring, Recruiting, and Event Manager
Alan began his CSC career in
December of 2012 working as
Event Staff for the Orange County
Branch. As a guard he performed
tasks such as guest services, access
control, response team, searches, perimeter
security, equipment watch, and executive
escorts. Soon After in May he was promoted
to supervisor. In this new role, Alan instructed,
coached, and evaluated event for numerous
vents across southern CA. In 2016 Alan was
promoted to Event Manager. Alan has worked
with clients form the planning stages giving
recommendations related to security and crowd
management, providing estimates, scheduling
of staff, event logistics needs, make deployments
and dot maps, managing the event, maintaining
proper documentation, post event debrief with
management team and client.

Alan has worked:
• Angel Stadium: supervising staff while
coordinating with state and local law
enforcement as well as the F.B.I. and Secret
Service for President Barack Obama’s visit to
Angel Stadium in 2014 where he delivered
the commencement speech at UC Irvine’s
50th anniversary ceremony, Super Motocross,
Monster Truck Jams.
• Anaheim Convention Center: President Donald
Trump’s visit to the Anaheim Convention
Center in 2016, WonderCon, VidCon, Natural
Products Expo, Keller Williams National
Conference, US International Volleyball
Tournaments, Cheer/Dance Competitions,
Wooden Legacy Basketball Tournaments,
D23, Latin Dances, Jiu Jitsu Tournaments and
many more events and conventions.
• Cal State Fullerton: PASA Friendship Games,
Spring Concerts, Wooden Legacy Basketball
Tournaments.
• Local High Schools: Basketball, Football,
Proms/Formals, Carnivals, Graduations, Back
to School nights, special events and parking
details.
• The Great Park in Orange County: OC Soccer
Club games at the stadium and Anaheim
Ducks events at the ice rink
• City of Newport Beach: Newport Beach
Ambassador
• City of BullHead, AZ: Manager for Memorial
Parks north and south at Bull Head City River
Regatta.

Alan has also assisted other CSC branches with
numerous events including managing Coachella
Valley Music and Arts Festival, Stagecoach
Festival, Self Help Festival, Hard Summer Music
Festival, VIP Escorts at MLB Fan Fest, Formula 1,
Nascar, etc…
Alan accomplished his CSC career while holding
a full-time position working for Anaheim Union
High School for 22 years as a Plant Manger
working at multiple Jr. High and High School
sites. As a Plant Manger he oversaw day-to-day
operations, dealing with the public, setting up
and ensuring smooth running of events, maintain
accurate records of inventory, maintenance,
payroll, and assisting with the master calendar.

In 2022, Alan took a full time position with CSC
Orange County as Hiring, Recruiting and training
Manager where he has successfully hired
upwards of 750 employees.

Alan is skilled with Microsoft Office, Internet
Research, Read Blueprints and Schematics.

Alan also has certificates and completed training
in the following:
• FEMA IS-015: Special Events Contingency
Planning for Public Safety Agencies
• FEMA IS-100: Introduction to Incident
Command System, ICS-100
• FEMA IS-200: ICS for Single Resources and
Initial Action Incidents
• FEMA IS-700: National Incident Management
System (NIMS) An Introduction
• FEMA IS-800: National Response Framework,
An Introduction
• FEMA IS-906: Workplace Security
Awareness
• FEMA IS-907: Active Shooter: What You Can
Do
• FEMA IS-914: Surveillance Awareness: What
You Can Do
• AWR-334 - ITAC: Introduction to the Terrorist
Attack Cycle
• AWR-335 - RSBI: Response to Suspicious
Behavior and Items
• Trained Crowd Manager (TCM)
City Council 13 – 35 5/6/2025
This item contains and consists of confidential and proprietary information belonging to Contemporary Services Corporation and is not to be reproduced, copied, or used without its express written permission. 16 Gabriel Rivera
Branch Manager - Orange County
Gabriel began his CSC career
in 1998-2005 as a part-time
employee for the Los Angeles
Branch. In 2000 he was promoted
to supervisor where he participated
in numerous events across the LA county such as
worked 2000 Democratic National Convention,
The Academy Awards, Soul Train Awards, SAG
Awards, The Grammys, The Emmy Awards, USC
football, UCLA football, Oakland Raiders Games.

In 2005-2011 he transferred to the for the Orange
County Branch as a supervisor while holding a
FT job in Operations/Security at Angel Stadium.

Gabriel completed a 20-year career as a security
professional and coached his son’s football
team all through his high-school years. Gabriel
restarted his CSC career in 2015, working part
time for the Orange County branch where he
swiftly ascended through the ranks, showcasing
exemplary leadership and organizational skills.

His dedication and competence led to promotion
as an Area Director and subsequently was offered
the full-time position of Angels Venue Manager
to oversee CSC’s operation at Angel Stadium
in 2021. Gabriel took on the role and he has
participated ensuring seamless operations and
unparalleled crowd management experiences.

Over the last 2 Years, Gabriel has participated
in the security operations for major events at
Angels Stadium including: CSULB Graduations
2021-2023, UCI Graduations, the 2002 World
Series, 2010 MLB All Star Game, Monster Jam,
Supercross, Rolling Stones and of course Major
League Baseball.

Other events worked: 2022 Superbowl, 2024
Superbowl, Numerous concerts, Summer
Sanitarium, Coachella Festival, Raves, EDC, Day n
Night Festival, 2016 Donald Trump presidential
campaign, numerous soccer games, U2 concert,
Concert KIIS FM, Wango Tango, Ozzfest, KROQ
Weenie Roast, Metallica Concert, Wondercon,
Vidcon, E3, WWE, WWF, Car Show, Low Riders
Super Show, Rosebowl Game. National College
Championship game.

CSC Out-of-town events: Seattle Seafair, Seattle’s
Rock n Roll Museum opening, Denver Mile high
stadium concert with the following acts in one
night: KID ROCK / SYSTEM OF A DOWN / KORN
/ POWERMAN 5000 / Metallica. Park City Utah
for a concert during the 2002 Winter Olympics.

Wisconsin with Los Dells Festival and many more.

Gabriel possesses a diverse skill set, including
proficiency in Microsoft Office and Internet
Research, coaching skills, and mastery in the art
of de-escalation.

Gabriel’s commitment to excellence and his
comprehensive skill set makes him an invaluable
asset in ensuring the safety and success of any
event he manages.

Certifications and Trainings:
• FEMA IS-015: Special Events Contingency
Planning for Public Safety Agencies
• FEMA IS-100: Introduction to Incident
Command System, ICS-100
• FEMA IS-200: ICS for Single Resources and
Initial Action Incidents
• FEMA IS-700: National Incident Management
System (NIMS) An Introduction
• FEMA IS-800: National Response Framework,
An Introduction
• FEMA IS-906: Workplace Security
Awareness
• FEMA IS-907: Active Shooter: What You Can
Do
• FEMA IS-914: Surveillance Awareness: What
You Can Do
• AWR-334 - ITAC: Introduction to the Terrorist
Attack Cycle
• AWR-335 - RSBI: Response to Suspicious
Behavior and Items
• DHS-FEMA MGT-466 Sport and Special
Event Enhanced Risk Management and
Assessment
• NSI: National SAR Initiative
• Trained Crowd Manager (TCM)
• Disney Screening
• MLB Fan Screener Training
• GST: Guest Services Training
• ESS: Event Screening Specialist
• Anti-Harassment Training for CA ManagersAB1825
City Council 13 – 36 5/6/2025
17 This item contains and consists of confidential and proprietary information belonging to Contemporary Services Corporation and is not to be reproduced, copied, or used without its express written permission.

Tania De La O
Branch Manager - Orange County
Tania began her CSC career in
2002 working as an Event Staff
for the Los Angeles Branch. After
a year of service and being well
acquainted with venues such as
The Rose Bowl, LA Sports Arena, LA Memorial
Coliseum, and Hollywood Bowl as well as several
others, she was promoted to field supervisor.

In 2004, Tania became part of the CSC security
management team at Dodger Stadium where
she assisted with game day security operations.

The same year Tania graduated from Cerritos
College with an A.A. in Business Administration
and a minor in accounting, and by the end of
Baseball season she became an assistant in the
Los Angeles Branch payroll/billing department.

In 2005, Tania was invited to form part of
the management team in the newly opened
Orange County Branch. There she became the
Payroll/Billing Manager for Orange County as
well as the San Diego and San Bernardino
branches. In addition to supporting the branch
administratively, Tania continued to acquire
experience in the field as a supervisor at
Verizon Wireless Amphitheater, San Manuel
Amphitheater, National Orange Show, and as
a manager during such events as Coachella/
Stagecoach Music and Arts Festival, Bullhead
City River Regatta, and Electric Daisy Carnival.

In 2014, Tania was promoted to Assistant Branch
Manager where she assisted in the overall the
recruiting/hiring, scheduling and operations
departments.

A year later in 2015, Tania was promoted
to Branch Manager for the Orange County
branch. She immediately was instrumental in
CSC’s contract with Disneyland Resort for the
implementation of the guest screening services
project for their U.S. parks, making CSC the first
outside contractor to provide such services for
Disney.

As a Branch Manager, Tania is responsible for the
overall office administration and field operations
including recruiting, hiring and training of staff
as well as planning, scheduling and managing
events. Tania is also responsible for maintaining
current clients which include Angels Baseball,
City National Grove of Anaheim, and Anaheim
Convention Center to name a few.

Certifications and Trainings:
• AWR 334 ITAC: Introduction to the Terrorist
Attack Cycle
• AWR 335 RSBI: Response to Suspicious
Behavior and Items
• FEMA IS-15.B: Special Events Contingency
Planning for Public Safety Agencies
• FEMA IS-100.B: Introduction to Incident
Command System, ICS-100
• FEMA IS-106.12: Workplace Violence
Awareness
• FEMA IS-200.B: ICS for Single Resources and
Initial Action Incidents
• FEMA IS-700.A: National Incident Management
System (NIMS) An Introduction
• FEMA IS-800.B: National Response
Framework, An Introduction
• FEMA IS-906: Workplace Security
Awareness
• FEMA IS-907: Active Shooter: What You Can
Do
• FEMA IS-914: Surveillance Awareness: What
You Can Do
• Trained Crowd Manager (TCM)
• T.E.A.M. Trainer
• Disney Institute for Disney’s Approach to
Employee Engagement
City Council 13 – 37 5/6/2025
This item contains and consists of confidential and proprietary information belonging to Contemporary Services Corporation and is not to be reproduced, copied, or used without its express written permission. 18 E Proposed Work Plan
Proposal shall include a statement demonstrating the firm’s understanding of the Scope of Services.

Additionally, proposed work plan shall include Proposers’:
i. Anticipated approach to performing services as specified herein.

RESPONSE: Quality Guest Service is an attitude that is ingrained in every aspect of our organization. However, we recognize it begins and ends with our people. Our philosophy is to deliver a consistent, premium service level through excellent foundation plans, quality staff training, and regular performance monitoring, including feedback from our clients and their customers.

We focus on Service and Safety above all else - CSC delivers security operations that are sensitive to customer comfort while still being disciplined about security integrity. For example, our organization’s position as the primary supplier of Event Services to Olympic Games Organizing Committees over the past 18 years has grown because we have developed and implemented a service delivery model that exceeds the standards typically provided in the security industry. As part of CSC’s continuing commitment to guest service, our services will include:

1. Guest Service as a Central Principle in the Mission of the Event Security Team. Our goals to achieve this are:
• Providing a safe and enjoyable guest experience from entry to exit of an event. • Applying these principles to all: guest, key stakeholders, and other security entities. • Strive to create a unique guest experience; we know that customer satisfaction is based on loyalty, identity with the facility, and relationships. Special interactions keep guests coming back!

2. Policies and Procedures, which Incorporate Guest Service Benchmarks • Using our current best practice methods, we can adjust our Policies and Procedures to reflect both key stakeholders needs and guest service elements. • Using specific instructions within procedures, which emphasize the levels of guest service expected as well as methods of achieving those levels, through personal action on the job.

3. Training Modules Designed for Positive Customer Service Outcomes • We provide all our staff with a Guest Services module as part of standard training. While this is highly effective, our success has been achieved by taking an extra step, which is to include the guest service elements in ALL our training materials.

4. Evaluation and Feedback Systems Which Include Built–in Key Performance Indicators for Guest Services
• Measuring guest satisfaction and engagement is central to our performance management system. We communicate with our clients, integrating with their own guest satisfaction systems, or utilizing our own methods, such as “Mystery shopper” evaluations, self-evaluation and peer/leader evaluation. Staff performance is reviewed by our venue leadership every day, as well as at more formal ‘official’ review cycles.

RESPONSE: CSC does not have any special concerns or suggestions for the evaluation committee at this time.
ii. Suggestions or special concerns the evaluation committee should take into consideration (if any).

City Council 13 – 38 5/6/2025
19 This item contains and consists of confidential and proprietary information belonging to Contemporary Services Corporation and is not to be reproduced, copied, or used without its express written permission.

RESPONSE: CSC’s implementation plan and general daily event operations are listed below. iii. Description of deliverables and implementation plan. Proposer shall submit a general description of the deliverables, implementation plan, and timeline.

Standard Event Day Operation Outline

1. Employee Access Control consists of:
a. Positive identification and
credentialing of CSC personnel.
b. Audited distribution and collection
of CSC’s security uniform (i.e., shirts and
jackets)
c. Verification and validation of
accreditation devices for access to
restricted areas.

All employees arriving at the event venue
enter through the designated employee
entrance where they and their personal
property are searched by CSC ESOs. The
search techniques, may vary from venue to
venue, but typically include screening with a
metal detector and a search of any property
(bag search) they are attempting to carry into
the facility. After screening, venue employees
report to a specific sign-in area where their
employee I.D. is verified and they are issued
an event shirt with a unique serial number
and temporary, event-specific credentials (e.g.
wristband or paper hang tag). CSC employees
must have all three forms of accreditation to
exit the sign-in area and must display these
items at all times while they are inside the
venue.

While in the sign-in area, CSC employees also
receive event information and training aides
such as timelines, maps and emergency
response procedures.

2. General Event Briefing – The CSC Event
Manager gathers all hands for the general
event briefing. This briefing is typically
held about 1 hour before the venue opens
to the public. Regardless of the event, this
briefing follows a standard checklist that
covers specific details in six broad categories
and reviews the event materials (maps,
event timelines, hot sheets, etc.) that were
distributed to each employee during the sign
in process. The general event briefing covers
the following topics:
a. Guest Services Event Goals
b. Event / venue information
c. General event timeline
d. Important locations
e. Venue policy and procedure
f. Emergency procedures
g. Questions and comments
This briefing concludes with an overview of
the emergency response procedures. Portions
of this briefing may be assigned to other
individuals or included within written post
orders or other training aides. If necessary, this
briefing may be delivered to separate shifts
which are common for very large events that
span several operational periods (12 hours).

Employees who arrive late and do not attend
this briefing are held in the sign-in area until
they can be briefed about the event. At the
conclusion of this briefing CSC Supervisors
assemble the employees assigned to their
deployment and move to their assigned area
of responsibility as a group.

3. Supervisor Briefings – Immediately after
the general event briefing, CSC Supervisors
assume responsibility for the CSC personnel
assigned to them in what is commonly
referred to as “a deployment”. Supervisors
record the name, CSC ID number, uniform
serial number, and equipment assigned to
each individual on a deployment sheet and
a duplicate. After leaving the briefing area,
supervisors take their assigned employees
on a tour of the supervisor’s assigned area
of responsibility (AOR). Supervisors provide
a more detailed briefing that is appropriate
for their area of responsibility. They also
review venue policy and procedure, explain
break procedures, and demonstrate specific
skills and other event specific training
(EST) assigned by the CSC Event Manager.

The supervisor briefing concludes with a
“brief back” and skill demonstration where
individual CSC employees are asked to answer
questions about their post responsibilities
and demonstrate specific skills such as bag
search or checking credentials.

4. Post Briefings – After briefing their deployment,
each supervisor posts the CSC personnel
City Council 13 – 39 5/6/2025
This item contains and consists of confidential and proprietary information belonging to Contemporary Services Corporation and is not to be reproduced, copied, or used without its express written permission. 20 assigned to them. During this process the
supervisor explains the specific purpose
and responsibilities and the evacuation
instructions for each post. In particular,
supervisors point out the post-stander’s safety
and security responsibilities within the larger
event. They review the written post orders
with each individual Team Member to ensure
they understand the responsibilities of their
post and know what to expect during the
event.

5. Post Inspections – After assuming responsibility
for their post, each CSC employee is responsible
for conducting an inspection of his or her post
to identify any hazards or unsafe conditions.

These inspections include walking emergency
exits and paths of egress to confirm they are
open, accessible and free from obstructions.

The pre-event inspection must be completed
before the venue opens to the public. Any
problems identified during this inspection are
reported to the supervisor who relays them to
the Unified Command Post for action. Once
all CSC supervisors have reported “staffed and
ready”, the venue can be opened to the public
at the direction of the client.

6. Ingress Gates– Most venues open their entrances 60 – 120 minutes before the event begins. The nature of the event will determine the density of the crowd at opening.

For example, concerts and other events that
use General Admission (GA) seating, where
people can sit in any available seat, will typically have heavy ingress at opening. However, sports events have a very light ingress at opening and heavy ingress just before the
game begins. During ingress, CSC personnel
are concentrated in and around the venue’s
entrances. Physical security, access control,
crowd management, and guest services are
the focus during this time and, depending
on the policies and procedures established
by the client, CSC is conducting security inspections of people and property entering the venue. Supervisors have demonstrated the
proper search techniques and reviewed response procedures for prohibited, illegal, and suspicious items during their briefing so now
they assist with the searches or help resolve
problems as they arise as they monitor their
posts.

7. Ingress Interior/Building Circulation-Concurrent with gate screening, the interior staff will be tasked with further welcoming, directing
and servicing the guest at the interior posts
through seating assistance and answering
guest questions. Additionally, these team
members are an important safety component providing “eyes and ears” for observation, reporting, and response initiation of any incidents.

8. Incident Response – Any large sports or
entertainment event generates a number of
different incidents. Most of these incidents
are relatively minor and are quickly resolved.

However, spectator violence, severe weather,
a fire, or the collapse of a railing or temporary
structure can quickly create an incident that
requires CSC to relocate spectators. CSC
personnel in the area are typically the first
resources on the scene of these events and
they follow the basic response procedures
they have learned through training.

9. Egress – Preparation for egress begins approximately 30 minutes before the end of the event or earlier dependent upon crowd departure.

The CSC Event Manager, in coordination with
the client, law enforcement, and the Unified
Command Post, repositions CSC personnel at
“exit posts” to facilitate egress. Teams of CSC
employees are positioned at stairwells, escalators, ramps, venue exits, and other common choke points to monitor and facilitate crowd
movement. After the egress of the crowd, CSC
Supervisors direct a search of their assigned
areas of responsibility (AORs) for people who
are still inside the building. This search provides important training on how to search the venue during an emergency and it also helps
identify maintenance issues and other hazards that must be corrected before the next event. Egress is often a critical time of the
event as law enforcement units have typically
been reassigned to traffic management posts
outside of the venue and the responsibility for
crowd movement falls to CSC.

City Council 13 – 40 5/6/2025
21 This item contains and consists of confidential and proprietary information belonging to Contemporary Services Corporation and is not to be reproduced, copied, or used without its express written permission.

F References
RESPONSE: CSC’s references may be found in Attachment B.

Attachment B - References shall be submitted for similar projects performed for state and/or similar government clients.

City Council 13 – 41 5/6/2025
This item contains and consists of confidential and proprietary information belonging to Contemporary Services Corporation and is not to be reproduced, copied, or used without its express written permission. 22 COST

PROPOSAL
City Council 13 – 42 5/6/2025
23 This item contains and consists of confidential and proprietary information belonging to Contemporary Services Corporation and is not to be reproduced, copied, or used without its express written permission.

Role 2025-2027 Overtime Double Time
Event Manager $41.50 $62.25 $83.00
Supervisors $36.40 $54.60 $72.80
Event Staff $34.00 $51.00 $68.00
CSC bases its rate structure, found above, on factors that allow it to provide the following:
• Top Rated Liability insurance
• Workers' Compensation
• Prevailing Market Wages
• Equipment (Radios, Uniforms)
• Staff Incentive Programs
• Proper IRS Reporting
• Payroll Taxes
• Comprehensive Training
• Licensed Personnel
Utilization of CSC’s developed, web-based scheduling and data management program allows for proper, accurate and timely accounting of staff
pay. The utilization of a professional payroll service guarantees that all applicable taxes are correctly calculated, withheld and paid within the state and federal guidelines. The above rates also
result in the ability to pay a competitive wage in
the marketplace. In addition, they result in properly trained, motivated employees who will effectively contribute to your service goals.

We know it is difficult to draw direct comparisons
between companies that provide varying expertise, depth of services, efficiency, and operational plans. Therefore, we welcome any questions, information exchange, or further discussion that
may assist you in making your decision.

G Cost Proposal
City Council 13 – 43 5/6/2025
This item contains and consists of confidential and proprietary information belonging to Contemporary Services Corporation and is not to be reproduced, copied, or used without its express written permission. 24 Appendix

CERTIFICATIONS
City Council 13 – 44 5/6/2025
A1 This item contains and consists of confidential and proprietary information belonging to Contemporary Services Corporation and is not to be reproduced, copied, or used without its express written permission.

A Proposer’s Certification & Proposal Item Pricing

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

LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS
__________________________________________________________________________________

BUSINESS ADDRESS
__________________________________________________________________________________

PRINTED NAME OF AUTHORIZED AGENT TITLE
__________________________________________________________________________________

SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS
__________________________________________________________________________________

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

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

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

ATTACHMENT A
PROPOSER’S CERTIFICATION, PROPOSAL PRICING
City of Santa Ana RFP No. 24-138 Page 27 of 33
Contemporary Services Corporation 818-885-5150
17101 Superior Street, Northridge, CA 91325
Mark Glaser EVP, Operations
1/7/2025 [email protected]
95-2832166
City Council 13 – 45 5/6/2025
A2 This item contains and consists of confidential and proprietary information belonging to Contemporary Services Corporation and is not to be reproduced, copied, or used without its express written permission.

B References

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

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

ATTACHMENT B

REFERENCES
City of Santa Ana RFP No. 24-138 Page 28 of 33
Anaheim Convention Center Robert Helmy
800 W Katella Ave
Anaheim, CA 92802
714-765-8943
[email protected]
Access Control, Guest Services, and Security Services provided 2007 to Present
City National Grove of Anaheim Jordan Harding
2200 E Katella Ave
Anaheim, CA 92806
714-712-2700
[email protected]
Contract 2004 to Present Amount: ________________________Year: _________________________ Description of supplies, equipment, or services provided:

Access Control and Security Services provided __________________________________________________________________________________

REFERENCE
Customer Name:_________________________Contact Individual: ___________________________ Address: _________________________________Phone Number:
_________________ Buena Park, CA 9062_2_____________ EMAIL: _____________________________ Contract Amount: ________________________Year: 2022 to Present ______________________________________ Description of supplies, equipment, or services provided:

Access Control and Security Services provided
$450,000 Annually
$120,000 Annually
$34,000 Annually
Sergeant Sergio Lepe
714-562-3958
[email protected]
Silverado Days Festival
7225 El Dorado Drive
City Council 13 – 46 5/6/2025
A3 This item contains and consists of confidential and proprietary information belonging to Contemporary Services Corporation and is not to be reproduced, copied, or used without its express written permission.

C Proposer’s Statement

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

Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required 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.

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

ATTACHMENT C
PROPOSER’S STATEMENT
City of Santa Ana RFP No. 24-138 Page 29 of 33
Contemporary Services Corporation
Mark Glaser
EVP, Operations
1/7/2025
City Council 13 – 47 5/6/2025
A4 This item contains and consists of confidential and proprietary information belonging to Contemporary Services Corporation and is not to be reproduced, copied, or used without its express written permission.

D Non-Collusion Affidavit
City Council 13 – 48 5/6/2025
A5 This item contains and consists of confidential and proprietary information belonging to Contemporary Services Corporation and is not to be reproduced, copied, or used without its express written permission.

City Council 13 – 49 5/6/2025
A6 This item contains and consists of confidential and proprietary information belonging to Contemporary Services Corporation and is not to be reproduced, copied, or used without its express written permission.

E Non-Lobbying Certification

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

Signed:

Title:

Firm:

Date:

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

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

ATTACHMENT E

NON-LOBBYING CERTIFICATION
City of Santa Ana RFP No. 24-138 Page 31 of 33
1/7/2025
Contemporary Services Corporation
EVP, Operations
City Council 13 – 50 5/6/2025
A7 This item contains and consists of confidential and proprietary information belonging to Contemporary Services Corporation and is not to be reproduced, copied, or used without its express written permission.

F Non-Discrimination Certification

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

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.

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

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

ATTACHMENT F

NON-DISCRIMINATION CERTIFICATION
City of Santa Ana RFP No. 24-138 Page 32 of 33
City Council 13 – 51 5/6/2025
A8 This item contains and consists of confidential and proprietary information belonging to Contemporary Services Corporation and is not to be reproduced, copied, or used without its express written permission.

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.

Signed:

Title:

Firm:

Date:

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

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

City of Santa Ana RFP No. 24-138 Page 33 of 33
EVP, Operations
Contemporary Services Corporation
1/7/2025
City Council 13 – 52 5/6/2025
City Council 13 – 53 5/6/2025

EXHIBIT C
CONTRACTOR’S FEE PROPOSAL
Fee Proposal including hourly rates if applicable
City Council 13 – 54 5/6/2025
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PROPOSAL
City Council 13 – 55 5/6/2025
23 This item contains and consists of confidential and proprietary information belonging to Contemporary Services Corporation and is not to be reproduced, copied, or used without its express written permission.

G Cost Proposal
City Council 13 – 56 5/6/2025
Police Department
www.santa-ana.org/pd
Item # 14
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
May 6, 2025
TOPIC: Urban Area Security Initiative Grant Training Agreement

AGENDA TITLE
Agreement with SenseMakers, LLC to Provide Training Exercise Services for the Urban Area Security Initiative Grant Program FY2023 - FY2027 (Specification No. 25-024A) (Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute a three-year agreement, with two, one-year renewal options, with SenseMakers, LLC to provide on-going training deliverables to the Anaheim/Santa Ana Urban Area on an as-needed basis, for the period of May 6, 2025 through May 5, 2028 in an aggregate amount not to exceed $433,619 (Agreement No.

A-2025-XXX).

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 program years, Santa Ana is the fiduciary for the region and manages projects, which includes providing training and procuring equipment utilized by the 34 jurisdictions in Orange County.

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 City Council 14 – 1 5/6/2025
Urban Area Security Initiative Grant Training Agreement May 6, 2025

Page 2 ends

Homeland Security Regional Training Program is designed to provide the ASAUA multidisciplinary 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 February 13, 2025, the Police Department issued Request for Proposal (RFP #25- 024A) 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 exercises taught by subject matter experts and/or recognized professionals in the field of law. Additionally, the RFP sought to identify and qualify suitable vendors who are capable of developing and delivering a broad range of homeland security related training exercises.

A summary of the proposals and offers received is as follows:

603 Vendors were notified
1 Santa Ana vendor notified
24 Vendors downloaded the RFP
6 Proposals received
0 Proposals received from a Santa Ana vendor
Proposals were opened on March 6, 2025 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 six (6) proposals received, all six (6) 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 selected SenseMakers, LLC to provide exercises on an as-needed basis.

The addition of SenseMakers, LLC will support the Homeland Security Training Program to enhance capabilities across multiple disciplines and jurisdictions during the current program years. SenseMakers, LLC will provide County-wide Active Shooter and Mass Casualty Terrorist Attack exercises at $72,270 per offering in the total amount not to exceed $433,619 as allocated over the course of grant program years FY 2023, FY 2024, and FY 2025. If the City exercises one or both of the one-year options, then FY 2026 and FY 2027 grant funds will be included under the same “not to exceed” amount.

City Council 14 – 2 5/6/2025
Urban Area Security Initiative Grant Training Agreement May 6, 2025

Page 3 ends

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

FISCAL IMPACT
Funding is available in the FY 24-25 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 12514407-62300 OES UASI
UASI Santa Ana,
Contract ServicesProfessional$ 51,218
FY 25-26 12514407-62300 OES UASI
UASI Santa Ana,
Contract ServicesProfessional$ 93,322
Total $ 144,540
The amounts above are estimated projections. The account number may change in the future to no. 12514491-62300, depending upon which UASI grant FY funds are used for these specific training projects. The remaining $289,079 of the agreement may be expended in any future fiscal year and is subject to future grant approval.

EXHIBIT(S)

1. Agreement with SenseMakers, LLC
Submitted By: Robert Rodriguez, Police Chief
Approved By: Alvaro Nuñez, City Manager
City Council 14 – 3 5/6/2025

AGREEMENT WITH SENSEMAKERS, LLC AND CITY OF SANTA ANA TO

PROVIDE ACTIVE SHOOTER TRAINING
THIS AGREEMENT is made and entered into on tis 6' day of May, 2025, by and between Sensemakers, LLC, ("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 (l([ityJ

RECIT ALS
A. On Februaryl3, 2025, the City issued Request for Proposals No. 25-024A (RFP), by which it sought proposals from qualified firms and organizations to provide six (6) County-Wide Active Shooter Exercise Drill(s) and Mass Casualty Terrorist Attack Training Services, on behalf of the Anaheim/Santa Aria Urban Area (ASAUA). This program is designed to provide the ASAUA's stakeholders 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 AS allocations to fund a a and exercises. Training courses and exercises requested through the ASAUA Homeland Secuiity Regional Training and Exercise Program will be paid in part or in fiill with funding from the United States Department of Homeland Security's Urban Areas Security Initiative (UASI) grant.

Funding from t's 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 la'iowledgeable in its field and that any services performed by Contractor under this Agreement will be perfornned in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. terms and conditions hereinafter set forth, the parties agree as follows:

1. SCOPE OF SERVICES
Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the scope of services provided in the RFP and attached hereto and incorporated by reference as Exhibit A.

Exhibit
City Council 14 – 4 5/6/2025

2. CHANGE ORDERS/AMENDMENTS
a. To maintain flexibility that allows first responders to address emerging and unforeseeable threats, the ASAUA Homeland Security Regional Training and Exercise Program will utilize a Change Order provision to request other training and exercise courses at the City' s request. Change Orders will be used to approve training and/ or exercises and can modify the existing scope of work for specialty and other ad -hoc training and exercises on an as needed basis. Change Orders will be drafted by the UASI Grant Coordinator, reviewed and approved by the Contractor, then forwarded to the Cief of Police and the City Manager for the City of Santa Ana or their designees for approval. b. Any change order that contains any terms contrary to services provided within this Agreement shall be void, unless City and Consultant have expressly agreed in a writing, requiring approval by the City Manager and the City Attorney' s office. Consultant agrees and understands that substantive changes to the terms of the Agreement are subject to approval by the City Council.

3. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B, Cost Proposal. Any compensation payable to Contractor shall be paid from a portion of the above - referenced UASI grant awarded to the City. The cost for each exercise is $72,269.73, and the total for six (6) exercises is $433,618.38, which shall serve as the total amount payable for all training and exercise programs supplied under RFP No. 25-024A 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 forth in the Recitals wich may reasonably be expected by City.

4. TERM
This Agreement shall commence on May 6, 2025 for an initial three (3) year ternn 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 and subject to funding, unless terminated earlier in accordance with Section 18, below.

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5. 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 the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

6. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be constiued 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.

7. 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 authorsip fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement.

Contractor represents and warrants that Contractor has the legal right to license any and all Ducunu=iiLi & Data. CunLiacLui uiakes iio sucli iepieseiilaLioii aittl warranty in regard lo 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 witin the purposes intended by this Agreement shall be at City's sole risk.

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

MINIMUM SCOPE AND LIMIT OF INSURANCE
Contractor shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as:
* Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occunence and $2,000,000 aggregate.
* Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of $1,000,000. In the event Contractor does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance with existing limits, which can be lower than $1,000,000. * Workers' Compensation (W/C): as required by the State of California, with statutory limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, per employee, per policy for bodily injury or disease. This requirement can be waived if Contractor has no employees.

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

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

1. CGL and AL policies: City of Santa Ana, its City Council, its officers, officials, cmployccs, agcnts, and vo
respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, equipment, and personnel furnished in connection with such work or operations.

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

3. All required insurance policies: For any claims related to this contract, Contractor's insurance coverage shall be primary and any insurance maintained by City, its City City Council 14 – 7 5/6/2025
Council, its officers, officials, employees, agents, or volunteers shall not contribute with it.

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

5. Each insurance policy 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.

6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Aria, Attention: (Name of Department Staff Responsible for Agreement), Address of Department Responsible for Agreement, M-XX, Santa Ana, CA 92701. The name and location of the event should 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. City may require Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

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

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 to Entity before work begins. However, failure to obtain the reqriired 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 specitications, at any time.

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

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

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

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3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, Company must purchase "extended reporting" coverage for a minimum of three (3) years after completion of work.

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

9. 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 injury, damages, just compensation, restihition, 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 tis Agreement; and (2) from any claim that personal inliury, damages,iust 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 tis Section or by reason of the terms of, or effects, arising from tis Agreement. The Contractor fuither agrees to indemni:ty, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injuiy, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor

10. 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.

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11. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of fu'ial 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 'fu"ial payment to Contractor under this Agreement.

12. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such infonnationis reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such infornnation except in the performance of t's Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential inforamation includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City.

13. CERTIFICATIONS
The funds used to pay for this Agreement will be partly compiised of federal grant 'funds.

Consultant agrees and understands that it will comply with the terms of the Certifications attached hereto as Attachment A-H, incoiporated by reference into this Agreement. Consultant shall keep itself informed of all City, State and Federal laws andregulations whichmay, in anymanner, affect tlic vc
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.

14. CONFLICT OF INTEREST CLAUSE

1. The recipient or subrecipient must maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award, and administration of contracts. No employee, officer, agent, or board member with a real or apparent conflict of interest may paiticipate in the selection, award, or administration of a City Council 14 – 10 5/6/2025
contract suppoited bythe Federal award. A conflict of interest includes when the employee, officer, agent, or board member, any member of their irnrnediate family, their partner, or an organization that employs or is about to employ any of the paities indicated herein, has a financial or other interest in or a tangible personal benefit from an entity considered for a contract. An employee, officer, agent, and board member of the recipient or subrecipient may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors. However, the recipient or subrecipient may set standards for situations where the financial interest is not substantial or a gift is anunsolicited item of nominal value. The recipient's or subrecipient's standards of conduct must also provide for disciplinary actions to be applied for violations by its employees, officers, agents, or board members.

2. If the recipient or subrecipient has a parent, affiliate, or subsidiary organization that is not a State, local govetantnent, or Indian Tribe, the recipient or subrecipient must also maintain written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest mean that because of relationsips with a parent company, affiliate, or subsidiary organization, the recipient or subrecipient is unable or appears to be unable to be impaitial in conducting a procurement action involving a related organization.

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

16. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the teims 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 teiiiib aa iiis(iuiut;iff lliaL aie iiipuiisisLeiiL wiLli, ui iii addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to tis Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.

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

18. TERMINATION
This Agreement may be terminated by the City upon tirty (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 property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such putposes as the City deems appropriate
b. Payment need not be made for work which fails to meet the standard of pcrformancc spccificd in thc Rccitals of this Agrccmcnt.

19. 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 tight, 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.

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

21. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of City Council 14 – 12 5/6/2025
Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.

22. FEDERAL REGTJLATIONS
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 Part 200, whether or not expressly set foith in tis document, including but not limited to those provisions set forth below. Notwithstanding, anyi:hing 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. SenseMakers, LLC shall not perform 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 terms and conditions.
a. Federal Regulations - Recipient must comply with the goveinment cost principles, uniform 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 government.
c. Audit Records - With respect to all matters covered by this agreement all records shall be made available for audit and inspection by CITY, the grant agency and/or their duly authorized representatives for a period of three (3) years from the date of submission of the final expenditure report by the City of Santa Ana. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Recipient shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachtnents 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 nt a a ' wuikiiig
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 wbich 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 City Council 14 – 13 5/6/2025
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. Ameiicans with Disabilities Act of 1990 - (ADA) Recipient must comply with all requirements of the Americans with Disabilities Act of 1990 (Aa)A), as applicable. g. Political Activity - None of the funds, materials, property, or services provided directly or indirectly under this agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act".
h. No Lobbying - Recipient will comply with all applicable lobbying prohibitions and laws, including those found in the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352, et seq.), and agrees that none of the funds provided under this award may be expended by the Recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action concerning the award or renewal of any federal contract, grant, loan, or cooperative agreement.
i. Non-Discrimination and Equal Opportunity - Recipient will comply, and all its contractors (or subrecipients) will comply, with Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975, as amended; Drug Abuse Office and Treatment Act of 1972, as amended; Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended; Section 523 and 527 of the Public Health Service Act of 1912, as amended; Title VIII of the Civil Rights Act of 1968, as amended; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a Federal or State court, Federal or State administrative agency, or the Recipient makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of fiinds, the Recipient will forward a copy of the findings to CIT'l' wliibli will, in Luui, suLiniiL Llie l'ffiliugs to (lie Office U[ Civil RigliLs, O[fa;e 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 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 Department of Labor regulations (41 CFR chapter 60), as applicable.

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k. Public Contracts Code - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Califoiia 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 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.

0. Clean Air Act -

1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.

2. The contractor agrees to report each violation to CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. 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. t. I'atciit Riglitb - Recipit,iiL agiees LliaL llie Depailiueiil or Huuielatul SecuiiLy sliall liave Llie authority to seek patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement based on the requirements of 37 CFR§ 401 and any other implementing regulations, as applicable.
s. Copyright - Recipient may copyright any books, publications or other copyrightable materials developed in the course of or under this Agreement. However, the federal awarding agency, State Administrative Agency (SAA) and City reserve a royalty-free, non-exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal govetanment, SAA and/or City purpose:

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(1) the copyright in any work developed through this Agreement; and (2) any rights of copyright to which the subcontractor purchases ownership with support through this grant. The Federal government's, SAA's and City's rights identified above must be conveyed to the publisher and the language of the publisher's release form must ensure the preservation of these rights.
t. Equal Employment in Construction Contracts - Pursuant to Equal Employment Opportunity requirements of 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375, as to any construction contract thereunder, if applicable, during the performance of this contract, the contractor agrees as follows:
(l) 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; recruitment or recruitment advertising; 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 nondiscrim+nation c
(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 manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including aii iiivesLizaLiuu cuialucLed Liy tlie euipluyei, ui is cousisleiiL wiLli (lie coiiLiacLols legal duly to furnish information.
(4) The contractor will send to each labor union or representative of workers with wMch 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.

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(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for fiirther Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by iule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence irnrnediately preceding paragraph (l) 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 order a a
including sanctions for noncompliance.
u. Prohibition on Certain Telecommunications 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 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 telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

Ah dcsbiiLicd iii Putilic Law 115-232, see(ion 889, coveied LelecouiiiiuiiicaLions equipuieu(. (l) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (2) For the purpose of public safety, security of goverent facilities, physical security surveillance of critical infrastnucture, 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).

City Council 14 – 17 5/6/2025
(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 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 party 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 temis and conditions of tis 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 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 Comprehensive Procurement Guidelines webpage:
https://www.epa.gov/srnm/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) Duiucbtib Pit;[cicuct; rot Piupuieuieuts
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.

City Council 14 – 18 5/6/2025
Manufactured products mean items and construction materials composed in whole or in pait 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. Ternnination for Cause and Convenience - Should recipient fail for any reason to comply with the contractual obligations of this agreement witMn the time specified by this Agreement, the CITY reserves the right to terminate the Agreement, reserving all rights under state and federal law.
x. Contrachial/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 ternn, 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.

23. NOTICE
Any notice, tender, demand, delivery, or other cornrnunication 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 maru'ier provided in this Section, to the following persons:

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 courtesy copies to:

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

James Bailey, President
SenseMakers, LLC
2401 E. Katella Ave., Ste. 610
Anaheim, CA 92806
[email protected]
City Council 14 – 19 5/6/2025
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, cornrnunication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile macine, 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 signahire herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.

IISTWITNESS 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. CARVALHO
City Attorney

TAMARA BOGOSIAN
Senior Assistant City Attorney

ALVARO NUNEZ
City Manager
CONTRACTOR:
0c- E-r'
By: James E. Bailey
Title: President, SenseMakers LLC
RECOMMENDED FOR APPROVAL:

City Council 14 – 20 5/6/2025

EXHIBIT A

CITY OF SANTA ANA

EXHIBIT I

SCOPE OF SERVICES
Contractor shall perform services as set forth below.

1. REQUIREMENTS
A. The specific requirements of this RFP have been listed in Section 11.

II. TRAINING COURSE(S)
A. ASAUA requires full-scale exercise/drills in the following specific disciplines:
i. Training Exercise for: County-Wide Active Shooter Drill/Exercise Mass Casualty Terrorist Attack
Ill. MINIMUM REQUIREMENTS
A. Availability to conduct up to a total of six (6) different deliveries of the exercise by the end of the term of the contract. Each exercise will have its own goals and objectives, and will Lie ui iiqut:i lu 11ie i it,t='ds or Llie i t'spective agei n;y.

B. The first three (3) exercises will be conducted on the following dates:
- Exercise 1: July 15, 2025 (potential to move this date to July 14 or July 16) - Exercise 2: July 2025 (Date TBD)
- Exercise 3: August 2025 (Date TBD)
C. Exercise must be posted to the National Exercise Schedule (NEXS) through the Design & Development System (DDS) as outlined in the Homeland Security Exercise and Evaluation Program (HSEEP) toolkit.

D. Completed After Action Report must be submitted to the ASAUASI Homeland Security Regional Training and Exercise Program Manager within 30 days of the exercise to meet required grant deadlines.
e. Nurn5er or Ueliveries Being Requested: six (B)
IV. SCOPE OF EXERCISE
A. The ASAUA seeks a vendor that can provide a full scale exercise involving an active shooter incident at a public place (entertainment facility, school, government building, place of worship, outdoor/indoor soft targets, etc) and/or a simulated mass casualty terrorist attack on a public place such as a hostage taking/bomb incident.

B. This response to a County Wide Active Shooter/Terrorist attack gives participants an opportunity to practice and evaluate current response plans and capabilities during a simulated active shooter, or other terrorist incident in a public place. This exercise is RFP 25-024A CITY OF SANTA ANA Page 17 of 46
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intended for participants who are current Peace Officers, Firefighters, and paramedics within the County including private security staff. The series will exercise the initial response to an active shooter/mass casualty incident from multiple law, fire, specialized entities (SWAT, Bomb Squad, JHAT, Drone, etc), and unified command components. An additional component could involve evacuations and reunification coordination.

C. Each one (1) day exercise will consist of at least 100 law enforcement and fire personnel from multiple Orange County agencies, in addition to several observers from the participating agencies and/or disciplines. The full-scale exercise will consist of at least two iterations over the course of one (1) day.

D. The exercise team should consist of no less than four (4) instructors with experience in tactical and unified response to active shooter incidents, hostage incidents and complex coordinated attacks. The ASAUASI will provide the explosive (bomb squad) expert and mock devices. The proposer will provide resumes of the staff to be assigned to these exercises, detailing their prior experience.

E. All exercises should be conducted in a manner that adheres to all applicable state and federal guidelines, including exercise design and development guidelines outlined in the HSEEP. This includes an Affer-Action Report, which will contain specific corrective actions and a training improvement plan.

V. RESPONSIBILITY OF THE CITY OF SANTA ANA ON BEHALF OF ASAUA A. Act as-a-Iiason-k-etween-the-seleeted-pr-epeser-and-regienal-st-akeh oldcrs B. Provide a Project Manager to help facilitiate all aspects of desired exercise locations C. Coordinate local evaluators from law enforcement agencies D. Notice to Respondents:
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 seminars, workshops, tabletops, drills, functional, and full-scale exercises at various locations/venues within the ASAUASI. All drills, functional and full scale exercises will require alai EHP appi'oval from FEMA/Cal OES prior to delivery. It shall be the responsibilityof the Contractor to coordinate the completion all EHP forms with the UASI grant office. The ASAUASI Homeland Security Regional Training and Exercise Program Manager will assist Contractor with the submission of requests for approval.
iii. All exercises must be conducted in a manner which adheres to all applicable state and federal guidelines, including exercise design and development guidelines outlined in the HSEEP.
iv. When conducting full-scale exercises, Contractor shall provide all required exercise consumables, printed materials, handouts, and other materials such as, RFP 25-024A CITY OF SANTA ANA Page 18 of 46
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but not limited to, exercise manuals, special effects, actor moulage, supplies, signage, etc. at its cost. The City shall not be billed nor will it accept requests for reimbursements and/or billing.
v. Contractor shall provide and assign high quality personnel such as exercise designers, directors, controllers, evaluators, and support personnel on a consistent basis to deliver the specified full-scale exercises.
vi. Contractorshallprovideallmulti-mediadevicesnecessaryforpresentationsduring seminars, workshops, tabletops, drills, functional, full-scale exercises, and any planning meetings and conferences.
vii. Contractor and its exercise personnel shall provide immediate feedback to the City via the ASAUASI Homeland Security Regional Training and Exercise Program Manger regarding all customer requests for new or additional services or to file complaints.
viii. Seminar, workshop, tabletop, drill, functional and full-scale exercise venues may be provided by the City or by hosting agencies based on the needs of the exercise.

Contractor must be able to safely administer the exercise site(s) at any of the jurisdictions within the ASAUASI.
ix. Contractor is responsible for providing exercise materials and delivering it to the site(s) for the full-scale exercises at its cost. The City shall not be billed nor will it ng.
x. Contractor may not charge the City for materials brought to the full-scale exercises that are not utilized.
xi. Contractor shall ensure that exercise participants are members of agencies or organizations located or operating within the ASAUASI, or have been approved by the ASAUASI Training & Exercise Program Manager or his designee. xii. Contractor shall ensure that, when required, an Environmental Historic Preservation (EHP) approval letter has been issued to the ASAUASI before delivery of any tabletops, drills, functional, and full-scale exercises. All drills, functional and full scale exercises will require an EHP approval from FEMA/Cal OES prior to delivery.

Vl. QUALIFICATIONS - I-IOM[:LAND S[CUnlTY nXr'[fll[:NC[:

A. The following elements outline the type of experience and expertise proposers should possess related to the development and delivery of full-scale exercises. Proposers shall document their experience and expertise in their proposals.

B. ASAUA requires full-scale exercises in the following specific disciplines:
i. County-Wide Active Shooter Drill/Exercise Mass Casualty Terrorist Attack

1. Proposer must be experienced and proficient in the design and delivery of relevant homeland security related full-scale exercises.

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2. Proposer shall have staff that is experienced and proficient in developing drills, functional and full-scale exercises in accordance with HSEEP guidelines.

3. Proposer must have staff that is experienced and proficient in conducting seminars, drills, functional and full-scale exercises in accordance with HSEEP guidelines.

4. Proposer shall have staff that is experienced and proficient in providing training to and coordinating exercise evaluators, controllers, and operators.

Vll. DELIVERABLES / REPORTS FOR EXERCISES
A. Exercise Documents:
i. Contractor shall provide all documents necessary to conduct drills, functional and full-scale exercises in accordance with HSEEP guidelines. These documents should include, but not be limited to:

1. Exercise Plan, Controller/Evaluator Plan, Master Scenario Events List (MESL), Exercise Evaluation Guides, etc.

B. Contractor must provide provide rosters, sign-in sheets, and presentation materials for all planning meetings conducted in support of all seminars, workshops, tabletops, drills, Program Manager upon completion of the planning activity at its cost.

C. Contractor must complete After Action Reports (AARs) for all tabletops, drills, functional and full-scale exercises. Copies of these AARs must be provided to the ASAUA Training & Exercise Program Coordinator within 60 calendar days of any seminars, workshops, tabletops, drills, functional, and full-scale exercises.

D. Contractor must complete an Improvement Plan for each seminar, workshop, tabletop, drill, functional and full-scale exercise delivered. Copies of the Improvement Plan will be provided to the ASAUA Training & Exercise Coordinator within 60 calendar days of any drills, functional, and full-scale exercises.

E. Proposer shall upload, on behalf of the ASAUA, all necessary AARs and Improvement Plans into HSEEP within 60 calendar days of completing any exercise activity.

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

IX. PRICING FOR EXERCISE
A. All price quotes offered during the RFP process shall remain firm for the initial term of the agreement.

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B. 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.

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

D. Any price increase or decrease for subsequent contract terms may be negotiated between Proposer and City only after completion of the initial term.

X. TAXES AND FREIGHT CHARGES
A. The City is soliciting a total price per single delivery of each drill, functional, and full-scale exercise. The price quoted for each functional, and full-scale exercise shall be the total cost the City will pay including sales, use, or other taxes and all other charges.

B. No charge for delivery, drayage, express, parcel post packing, cartage, insurance, license fees, permits, costs of bonds, or any other purpose, except taxes legally payable by City, will be paid by the City unless expressly included and itemized in the proposal.

C. Amount paid for transportation of property to the City of Santa Ana is exempt from Federal Transportation Tax. An exemption certificate is not required where the shipping papers show the consignee is the City of Santa Ana; as such papers may be acceptable by the carrier as proof of the exempt character of the shipment.

D. Articles sold to the City of Santa Ana are exempt from certain Federal excise taxes. The City a a a
E. All prices quoted shall be in United States dollars and "whole cent," no cent fractions shall be used. There are no exceptions.

F. Price quotes shall include any and all payment incentives available to the City.

G. 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.

H. 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.

XI. AWARD FOR EXERCISES
A. The City reserves the right to reject any or all responses that materially differ from any terms contained in this RFP or from any Exhibits attached hereto, 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.

B. The City reserves the right to award to a single or multiple proposers.

C. TheCityhastherighttodeclinetoawardanagreementoranypartthereofforanyreason.

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D. Depending on the amount of the agreement, City Council approval shall be required to award.

E. The Master Agreement must be negotiated, finalized, and signed by the recommend awardee(s) prior to City Council approval.

F. Final Master Agreement terms and conditions shall be negotiated with the selected vendor(s)
G. The RFP specifications, terms, conditions, exhibits, RFP addenda and the awarded proposal, may be incorporated into and made a part of any agreement that may be awarded as a result of this RFP solicitiation.

Xll. METHOD OF ORDERING EXERCISES
A. As an exercise is required, the awarded Contractor will selected to provide exercises as requested from the the ASA UASI from the price quoted and agreed upon from this RFP.

This will be the in the executed agreement.

B. An Order Request will be provided by the Training and Exercise Coordinator specifying the quantity of exercises being ordered and timeframe. This will be returned back signed from the Contractor. This is the formal request that an exercise has been requested.

C. An Agreement Release will be issued which fuctions in conjuction with the executed , an
identifying number, date, City of Santa Ana agreement number, requestor name and phone number, ship to location, itemization of services with complete description and price per item and a summary of total cost for services, shipping, and tax.

D. Agreement Release and payments for service will be issued only in the name of the proposer(s).

E. Proposer shall adapt to changes to the ordering method or ordering procedures as required by the City during the term of the agreement.

F. Change orders shall be agreed upon by Proposer and City and issued as needed in writing by the City.

Xlll. INVOICING FOR EXERCISES
A. Proposer shall invoice the City, unless otherwise advised, upon satisfactory receipt of performance of services.

B. The Proposer will submit invoices according to milestones that are mutually agreed upon by the City and the Proposer, and will be established at the time an agreement is entered into between the City and the Proposer.

C. Invoices shall be emailed to:

Sgt. Garry Couso
Santa Ana Police Department
RFP 25-024A CITY OF SANTA ANA Page 22 of 46
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CITY OF SANTA ANA
Email: [email protected]
D. 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.

E. City City shall notify proposer of any adjustments required to invoices.

F. Invoices shall contain Agreement number, Agreement Release number, invoice number, remit to address and itemized services description and price as quoted and shall be accompanied by acceptable proof of delivery.

G. Invoices shall contain Agreement number, Agreement Release number, invoice number, remit to address and itemized services description and price as quoted and shall be accompanied by acceptable proof of delivery.

H. Proposer shall utilize standardized invoice upon request.

I. Invoices shall only be issued by the Proposer who is awarded an agreement.

J. Payments will be issued to and invoices must be received from the same Proposer whose name is specified on the POs.

XIV. ACCOUNT MANAGER/SUPPORT STAFF FOR EXERCISES
A. Proposer shall provide a dedicated competent account manager who shall be responsible for the City 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 provide a dedicated competent account manager who shall be responsible for the City 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.

C. Proposershallalsoprovideadequate,competentsupportstaffthatshallbeabletoservice the City during normal working hours, Monday through Friday. Such representative(s) shall be knowledgeable about the agreement, training exercise offered, and able to identify and resolve quickly any issues included, but not limited to order and invoicing problems.

D. Proposer account manager shall be familiar with City requirements and standards and work with the City to ensure that established standards are adhered to.

RFP 25-024A CITY OF SANTA ANA Page 23 of 46
City Council 14 – 27 5/6/2025

EXHIBIT B

ASAUA COUNTY-WIDE ACTIVE SHOOTER AND MASS CASUALTY EXERCISES Cost Proposal
This section provides a fixed rate fee cost proposal. The cost proposal provided herein includes a breakdown of fees/cost for the delivery of services for a County-Wide Active Shooter and Mass Casualty Exercises, as described in the RFP scope of work.

Costproposalfortotalservices offered: $433,618.38
One (1) Delivery of Active Shooter and Mass Casualty Terrorist Attack Exercise, July 15, 2025:
$72,269.73
One (1) Delivery of Active Shooter and Mass Casualty Terrorist Attack Exercise, TBD July2025:
$72,269.73
Four additional deliveries,as requested/ordered: $72,269.73 each The fee is established as a fixed Fee. Costs associated with the proposed Fee are inclusive of all expenses, including but not limited to overhead; projit; travel and meals; materials; and deliverables. No fees or costs outside the fixed fee proposal will be submitted to the city.

Cost Schedule (per delivery)
Included in the table below provides a detailed cost breakdown for services/activities listed in the Work Plan, for the preparation and delivery or one (1) Active Shooter and Mass Casualty Terrorist Attack Exercise. We propose to invoice a percentage of each line item, incrementally (i.e., monthly), as the project progresses.
fflm$W . . . . . . ' W Wi ffJ ffl W
ametma - . ... J:J4
,W!!!!:!a!a! " . '" '"" " m,
l"
i
%; .i
miattasa ' . . . " a n
. . . . . . x ' . ..' . . . .. .. . .. ... .... .... F '! fN Ie . . . . . . . .....'. W' )! m }W Project Initiation & Planning Meetings $9,624.96
Design & Development $15,984.00
Exercise Conduct $37,318.77
Afier-Action Report (AAR) $9,342.00
Total (per delivery) $72,269.73
SenseMak rs
18 Request for Proposals (RFP) No.: 25-024A
County-wide Active Shooter and
Mass Cashialty Exercise
City Council 14 – 28 5/6/2025

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 l) 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.

SenseMakers LLC

LEGAL NAME OF COMPANY
657-223-8532

PHONE AND FAX NUMBERS
2401 E. Katella Avenue, Suite 6'l O, Anaheim, CA 92806

BUSINESS ADDRESS
James E. Bailey

PRINTED NAME OF AUTHORIZED AGENT
3/6/2025

SIGNATURE OF AUTHORIZED AGENT DATE
President
TITLE
[email protected]

E-MAIL ADDRESS
46-3319261

FEDERAL ID NUMBER (IF APPLICABLE)
N/A

CONTRACTOR LICENSE NUMBER
(IFAPPLICABLE)

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

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

RFP 25-024A CITY OF SANTA ANA Page 37 of 46
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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 pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications.

REFERENCE
Customer Name: BaVArea uASI Contact Individual: Cart Juan Dan!els Address: 711 Van NessAvenue, Suite 420 Phone Number (415)307-5044 SanFrancisco,CA94102 EMAIL: [email protected]
Contract Amount: $375-522oo Year: 2024-2025
Description of supplies, equipment, or services provided:

SenseMakers is currently supporting the 14 county Bay Area UASI in the design and development of an Active Attacker Exercise series, which includes eight (8) full-scale active attacker exercises.

REFERENCE
Custome-r-N- ame: SantaAnaPoliceDepartmentContact Individual: Sgt.GarryCouso Address: soCivic Center Plaza Phone Number (714)245-8720 Santa Ana, CA 92701 EMAIL: [email protected]
Contract Amount: $65-688-87 Year: 2024
Description of supplies, equipment, or services provided: SenseMakers provided all exercise concepts, design, design, development, preparation, logistics, and evaluation/instructors for an Active Shooter/MCI exercise at Saddleback College.

REFERENCE
Customer Name: T'Me'
Address: I 800 SW 1st Avcnc, Suite 300
Portland, OR 97201
Contract Amount: $95-926-oo
Contact Individual: 'an SleWa'
Phone Number C5a3)962-"743
EMAIL: [email protected]
Year. 2023-2024
Description or supplies, equipment, or services provided:

SenseMakers provided TriMet with an active shooter exercise, held both on the street level station entrance, and in the station, 240 feet underground.

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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 affer it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto.

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

Firm SenseMakersLLC
Signed and Printed Name: 'J"" C'C'!X
Title President
Date March 6, 2025
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.

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

Note: The above non-collusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this non-collusion affidavit. Proposers are cautioned that prosecution.
who appeared before me.
" no(ary Signature
Anolary publborthetoF<romplelingthisaidfflcalaverifiesonlythe aklmenin:oflhelhl:,ilndh:I:d;Ual.:hocusF,nedolihVe;:I,umo,ein,llo,whu:helnhi:s ceilifi>la Isaiieched, Notary Public Seal
THIS FORM MUST BE COMP :ETED AND INCLUDED WITH THE PROPOSAL.

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

RFP 25-024A CITY OF SANTA ANA Page 40 of 46
City Council 14 – 32 5/6/2025

CITI 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.

Title:

Firm:

Date:

President
SenseMakers LLC
March 6, 2025
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

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

RFP 25-024A CITY OF SANTA ANA Page 41 of 46
City Council 14 – 33 5/6/2025

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 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.

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.

Signed:

Title:

Firm:

Date:
s- c-'pX
President
SenseMakers LLC
March 6, 2025
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONT AIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE, RFP 25-024A CITY OF SANTA ANA Page 43 of 46
City Council 14 – 35 5/6/2025

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.

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.

Proposer IS UEI: CJ7NZTXMVKC5
SAM.gov Registration Expiration Date: November12- 2025
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

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

RFP 25-024A CITY OF SANTA ANA Page 44 of 46
City Council 14 – 36 5/6/2025
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 (Pages 19160-19211), and as subsequently amended in 81 Federal Register 25585. (Before completing certification, read instructions which are an integral part of certification)

1. Pursuant to 2 CFR 180.335, the prospective primary participant, (i.e. grantee) certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently excluded or disqualified;
b. Havenotbeenconvictedwithintheprecedingthreeyearsofanyoftheoffenseslistedin2 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
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.

SenseMakers LLC
Consultant
James E. Bailey, President
Name and Title of Official Authorized to Certify
On Behalf of the Consultant
Marcli G, 202!S
Date
RFP 25-024A CITY OF SANTA ANA Page 45 of 46
City Council 14 – 37 5/6/2025
Police Department
www.santa-ana.org/pd
Item # 15
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
May 6, 2025
TOPIC: Automated License Plate Recognition Camera Installation and Maintenance Services

AGENDA TITLE
Agreements with Flock Group, Inc. and Motorola Solutions, Inc. for Automated License Plate Recognition Camera Installation and Maintenance Services (Specification No. 25- 034) (Non-General Fund)

RECOMMENDED ACTION

1. Authorize the City Manager to execute a three-year agreement with Flock Group, Inc. to provide automated license plate recognition camera installation and maintenance services, for the estimated period of May 6, 2025 through May 5, 2028, with provision for one, two-year extension, for an amount of $196,560 plus a contingency amount of $15,000, for a total amount not to exceed $211,560. (Agreement No. A-2025-XXX).

2. Authorize the City Manager to execute a five-year agreement with Motorola Solutions, Inc. to provide automated license plate recognition camera installation and maintenance services, for the estimated period of May 6, 2025 through May 5, 2030, for an amount of $454,099 plus a contingency amount of $40,000, for a total amount not to exceed $494,099. (Agreement No. A-2025-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
The Santa Ana Police Department strives to provide effective police services with integrity, respect, and compassion while fostering strong partnerships with the community it serves. Utilizing available technology that aligns with the City’s law enforcement practices remains a top priority. In support of these objectives, staff proposes adoption of an Automated License Plate Recognition (ALPR) program in the City of Santa Ana to significantly enhance the Police Department's ability to provide effective public safety services.

ALPR technology allows officers to focus on community engagement and proactive policing while the system automatically scans and processes thousands of license plates daily. ALPR systems capture data such as date, time, location, license plate details (state, City Council 15 – 1 5/6/2025
Automated License Plate Recognition Camera Installation and Maintenance Services May 6, 2025

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Santa Ana City CouncilMay 6, 2025

Santa Ana City Council
May 6, 2025