Santa Ana City Council
August 19, 2025

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Consultant Company Average Score
MDG Associates, Inc. 97
Nan McKay and Associates 84
Advanced Avant-Garde 83
CohnReznick Advisory LLC 76
Based on this competitive procurement process, staff recommends that the City Council approve an agreement with the highest-ranked consultant, MDG Associates, Inc., to provide comprehensive financial, grant monitoring, administrative, and technical support services for the CDBG, HOME, and ESG Programs in an amount not to exceed $300,000 over a three-year period, beginning August 19, 2025 and expiring June 30, 2028, with the option for an extension (Exhibit 2). While cost competitiveness was considered as part of the evaluation process, MDG Associates, Inc.’s superior qualifications and experience with Santa Ana and comparable jurisdictions made them the highest-ranked firm. Their pricing was found to be reasonable in light of their specialized expertise and the comprehensive nature of the required services.

MDG Associates, Inc.

MDG Associates, Inc. (MDG) was selected based on their exceptional qualifications, depth of experience with HUD-funded programs, and demonstrated understanding of federal compliance requirements under 2 CFR Part 200. Their team includes nationally recognized subject matter experts in grant compliance, program administration, and monitoring, with a proven track record of delivering effective, timely, and collaborative support to local governments throughout California and across the country. Several MDG team members also serve as HUD-authorized trainers and contributors to the HUD “Ask a Question” help desk, providing guidance to entitlement jurisdictions nationwide. This reflects a unique level of regulatory fluency and positions MDG at the forefront of national HUD compliance standards.

MDG has had agreements with the City of Santa Ana for over a decade, including the same monitoring of various subrecipients and providing on-call technical assistance to support the City’s CDBG, HOME, and ESG Programs. Their familiarity with the City’s staff, systems, priorities, and past performance findings positions them to deliver immediate and efficient support. In addition to their strong regulatory expertise, MDG has consistently demonstrated a capacity-building approach that strengthens subrecipient compliance and enhances the City’s overall grant compliance and administration. MDG’s superior qualifications, technical expertise, and experience working directly with Santa Ana distinguishes them as the most capable firm to provide these comprehensive services. Staff recommends continuing this partnership with MDG to ensure high-quality oversight of the City’s federal funds and to help mitigate compliance risks.

FISCAL IMPACT
Funds are available in the General Fund, HOME, and ESG Contract Services- Professional account (nos. 01118810-62300, 13018780-62300, and 13518785-62300).

Subsequent funding will be budgeted in future fiscal years for expenditure as shown in the table below:

City Council
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3 8/19/2025

Agreement with MDG Associates, Inc.

August 19, 2025

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Fiscal Year Grant
Year
Accounting
Unit-Account # Fund Description Accounting Unit,
Account Description Amount
FY 2025-26 2025 01118810-
62300 General Fund Contract Services-
Professional $ 70,200
FY 2025-26 2025 13018780-
62300 HOME Program Contract Services-
Professional $ 22,160
FY 2025-26 2025 13518785-
62300 ESG Contract Services-
Professional $ 7,640
Total for FY 25-26 $ 100,000
Fiscal Year Grant
Year
Accounting
Unit-Account # Fund Description Accounting Unit,
Account Description Amount
FY 2026-27 2026 13518780-62300 CDBG
Administration
Contract Services-
Professional $ 68,390
FY 2026-27 2026 13018780-62300 HOME Program Contract Services- Professional $ 22,160
FY 2026-27 2026 13518785-62300 ESG Contract Services-
Professional $ 9,450
Total for FY 26-27 $ 100,000
Fiscal Year Grant
Year
Accounting
Unit-Account # Fund Description Accounting Unit,
Account Description Amount
FY 2027-28 2027 13518780-
62300
CDBG
Administration
Contract Services-
Professional $ 68,390
FY 2027-28 2027 13018780-
62300 HOME Program Contract Services-
Professional $ 22,160
FY 2027-28 2027 13518785-
62300 ESG Contract Services-
Professional $ 9,450
Total for FY 27-28 $ 100,000
TOTAL $300,000

EXHIBITS

1. Request for Proposals for HUD Grant Management Services

2. Agreement with MDG Associates, Inc.

Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Alvaro Nuñez, City Manager

City Council
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4 8/19/2025

R
EQUEST FOR PROPOSALS NO. 25-076A
FOR
U

NITED STATES DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT (HUD) GRANT MANAGEMENT

SERVICES

CITY OF SANTA ANA
KE
Y RFP DAT ES: The schedule below is tentative and subject to change at the discretion of City, with appropriate notice to prospective Proposers.

Issu
e Date: Wednesday, May 7, 2025
Deadline for Questions: Monday, May 19, 2025, 4:00 P.M.

Proposal Due Date: Thursday, May 29, 2025, 4:00 P.M.

EXHIBIT 1

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5 8/19/2025

CITY OF SANTA ANA

TABLE OF CONTENTS

I. BACKGROUND ........................................................................................................................... 3 II. OVERVIEW OF PROJECT .......................................................................................................... 3 III. TERM OF AGREEMENT ............................................................................................................ 4 IV. MINIMUM QUALIFICATIONS ...................................................................................................... 4 V. RESPONSE TO RFP .................................................................................................................. 4 VI. CERTIFICATIONS (ATTACHMENTS) ......................................................................................... 9 VII. REFERENCES ............................................................................................................................ 9 VIII. MINIMUM SCOPE AND LIMIT OF INSURANCE ......................................................................... 9 IX. SELECTION PROCEDURES & CRITERIA ............................................................................... 10 X. WITHDRAWALS........................................................................................................................ 11 XI. GENERAL TERMS AND CONDITIONS .................................................................................... 11 XII. AWARD OF AGREEMENT ........................................................................................................ 16 XIII. IMPLEMENTATION ................................................................................................................... 16

EXHIBITS
Exhibits provided herein for Proposers’ reference only.

EXHIBIT I – SCOPE OF SERVICES
EXHIBIT II – SAMPLE AGREEMENT

ATTACHMENTS

A PROPOSER’S CERTIFICATION, PROPOSAL ITEM PRICING

B REFERENCES
C PROPOSER’S STATEMENT

D NON-COLLUSION AFFIDAVIT

E NON-LOBBYING CERTIFICATION

F NON-DISCRIMINATION CERTIFICATION
G SAM.gov UEI VERIFICATION

H CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY

EXCLUSION

EXHIBIT 1

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6 8/19/2025

CITY OF SANTA ANA

I. BACKGROUND
The City of Santa Ana, California, is rich in culture and pride, the county seat of Orange County, and encompasses an area of approximately 27 square miles. For more information, please visit https://www.santa-ana.org/
II. OVERVIEW OF PROJECT
The City of Santa Ana (City) is seeking proposals from qualified and experienced consultants to provide comprehensive financial and technical support services for federally funded subrecipient programs during the 2025–2026 Fiscal Year, July 1, 2025 through June 30, 2026. Consultants must demonstrate a thorough understanding of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200). See EXHIBIT I for complete Scope of Services.

The term “Vendor”, “Proposer”, “Firm”, “Consultants”, and “Contractor” shall refer to any legal entity or entities submitting a proposal in response to this Request for Proposals (RFP).

The selected consultant(s) will be responsible for monitoring the use of federal funds administered through the following programs:

• Community Development Block Grant (CDBG)
• HOME Investment Partnerships Program (HOME)
• Emergency Solutions Grant (ESG)

The primary objective of this engagement is to ensure that all sub -awards are expended in accordance with authorized program purposes and in full compliance with applicable federal statutes, regulations, and the specific terms and conditions of each award. Responsibilities will include, but are not limited to:

• Conducting comprehensive financial and compliance monitoring of subrecipients • Evaluating internal controls, accounting systems, and documentation practices • Providing technical assistance and corrective action guidance as needed • Preparing detailed monitoring reports and documentation of findings • Assisting with audit preparation and responses to federal or state inquiries

This initiative supports the City’s commitment to effective stewardship of public funds and the promotion of transparent, accountable program management. Proposals will be evaluated based on relevant experience, understanding of applicable federal requirements, technical approach, and cost-effectiveness.

General Background

The City of Santa Ana is an entitlement jurisdiction, receiving its allocations directly from HUD.

The City’s Fiscal Year (FY) 2025-2026 allocation is anticipated to be $5,899,968 million dollars.

Below is an overview of the anticipated FY 2025-2026 budget:

Grant Approx. Annual Allocation
Community Development Block Grant (CDBG) $4,293,315
HOME Investment Partnership Program (HOME) $1,184,075
Emergency Solutions Grant (ESG) $422,578

City of Santa Ana
RFP No. 25-076A

EXHIBIT 1

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CITY OF SANTA ANA

These funds are used for a variety of projects and activities, such as residential rehabilitation, public and homeless services, rental assistance, public facilities improvement projects, and affordable housing development. To learn more about the City of Santa Ana’s current HUD plans and activities, please use the link below:

https://www.santa-ana.org/housing-grant-funding/

The City is seeking the services of a professional consultant or consulting firm to provide assistance with United States Department of Housing and Urban Development (HUD) grant administration. The assistance to be provided will ensure proper and timely expenditure of the program funds.

III. TERM OF AGREEMENT
The anticipated term of the agreement is for an initial period of three (3) years. The City may, at its discretion, extend the agreement with the same or more limited scope of required services for two (2) additional one (1) year periods, upon mutual agreement contingent upon City Council approval, or City Manager or City Attorney authorization, as appropriate. The total term of the awarded agreement shall not exceed five (5) years.

Usage is not guaranteed. Execution of an agreement between the City and successful firm(s) and/or individual(s) does not guarantee work throughout the duration of the contract period.

Numerous factors will be evaluated by the City in its delivery of project and assignments, including technical expertise required.

IV. MINIMUM QUALIFICATIONS
1) Contractor must have been in business continuously for the most recent five (5) years prior to the date of this RFP.

2) Minimum three (3) most recent years of experience performing similar services as those detailed in the Scope of Services section of this RFP.

V. RESPONSE TO RFP
A. SUBMITTAL INSTRUCTIONS
It is the responsibility of the Proposer to ensure that any proposals submitted have been uploaded to PlanetBids prior to the RFP due date and time. Proposals, including all required sections and forms, shall be submitted electronically via the City’s Bid Management System, PlanetBids.

PlanetBids will not accept late proposals and no exceptions shall be made. Proposers will receive an e-bid confirmation number with a time stamp from PlanetBids indicating that their proposal was submitted successfully. The City will only receive and consider those proposals that were transmitted successfully. Submit proposal online at:
https://vendors.planetbids.com/portal/20137/portal-home.

Proposer shall be solely responsible for informing itself with respect to the proper utilization of the bid management system, for ensuring the capability of their computer system to upload the required documents, and for the stability of their internet service. Failure of the Proposer to successfully submit an electronic proposal shall be at the Proposer’s sole risk and no relief will be given for late and/or improperly submitted proposals. Proposers experiencing any technical difficulties with the bid submission process may contact PlanetBids at (818) 992 - City of Santa Ana
RFP No. 25-076A

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1771. Questions of an operational nature may be directed to the City’s assigned Buyer .

Neither the City, nor PlanetBids, makes any guarantee as to the timely availability of assistance, or assurance that any given problem will be resolved by the bid submission deadline.

Proposals shall NOT be sent via telegraphic, electronic, or facsimile means.

All notifications, updates and addenda will be posted online on PlanetBids at https://vendors.planetbids.com/portal/20137/portal-home. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal.

B. COMMUNICATION / CONTACT WI TH CITY STAFF
Unless otherwise authorized herein, Proposers who are considering submitting a proposal in response to this RFP, or who submit a proposal in response to this RFP, are only to communicate with the assigned Buyer(s), and no other City staff about this RFP from the date this RFP is issued until a contract is awarded. The City will provide all official communication concerning this RFP in writing via the City’s Bid Management System, PlanetBids.

The City will not be responsible for or bound by any oral communication or any other information or contact that occurs outside the official communication process specified herein, unless confirmed in writing by the designated Buyer(s).

C. REQUEST FOR INFORMATION OR CLARIFICATION / QUESTIONS Questions regarding this RFP shall be submitted via PlanetBids. Responses to all questions will be posted on PlanetBids no later than the date and time shown at the schedule of key RFP dates on the cover page of this RFP. No verbal requests or responses will be accepted.

Significant interpretations or clarifications will be addressed via addenda to this RFP.

Significant interpretations or clarifications and responses to questions received by the deadline will be addressed via addenda to this RFP, which will be released and posted on PlanetBids under the “Addenda/Emails” tab.

General process questions may be directed to the following:

Jacques Lam
Buyer
[email protected]

D. EXCEPTIONS
Requests submitted for City’s consideration of proposed terms and conditions, including modifications to the City’s RFP and/or Contract terms and conditions must be submitted by the deadline for questions. Such requests should include an attachment in Word or PDF format on formal company letterhead that shows the requested modifications. Should the Proposer be considered for award recommendation and progress into the negotiations phase, the requests for exceptions or modifications to the City’s terms and conditions will be discussed at that time. The City will not accept any requests after the deadline for questions and reserves the right to reject or strike any requests for exceptions or additional terms and conditions related to Agreement, RFP, and insurance and indemnification terms and conditions.

City of Santa Ana
RFP No. 25-076A

EXHIBIT 1

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CITY OF SANTA ANA

E. ADDENDA
Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on City’s PlanetBids system, https://vendors.planetbids.com/portal/20137/portal-home. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation.

F. UNDERS

TANDING PROPOSAL
It is the responsibility of each Proposer to inquire about any criteria, condition, term, provision, or requirement of the RFP that the Proposer does not understand. Responses to inquiries, if they significantly change or clarify the RFP requirements or any aspect of the procurement process, will be forwarded by addenda to all Proposers. The City will not be bound by any oral responses to inquiries. By submitting proposals, Proposers assert that they have fully read the RFP and any addenda issued by the City, the proposed Contract and any other Contract Documents, and affirm that the terms and conditions stated therein are fully understood and are acceptable to the Proposer. Each Proposer accepts the terms and conditions of the Contract Documents and indicates their ability and willingness to perform the requested services under such terms and conditions. Any exceptions to the terms and conditions set forth in the Contract Document shall be submitted to the City by the deadline to submit requests for information or clarification/questions set forth herein.

G. PROPOSAL CONTENTS
Proposals are to be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Colored displays, promotional materials, photographs etc., are not necessary or desired. Emphasis should be concentrated on conformance to RFP instructions, responsiveness to the RFP requirements, and on completeness and clarity of content. Digital dividers and clear organization of content and material are encouraged.

1. Statement of Qualifications (SOQ)
SOQ must include a Table of Contents. Additionally, SOQ must include the following:
a. Cover Letter
Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. Include type of business entity.

Cover Letter shall not exceed one page. Show the RFP subject, the name of proposer firm, local address, telephone number, name of contact person and date. Give the names of the persons who will be authorized to make representations for the proposer, their titles, addresses, e-mail addresses, telephone numbers, and fax numbers.

Cover letter must be addressed to the following City Project Manager:

Brenda Vega, Community Development Analyst
City of Santa Ana – Community Development Agency
20 Civic Center Plaza M-25
Santa Ana, CA 92701
(714) 667-2219
[email protected]

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. Briefly state the proposer’s understanding of the work to be done and commitment to perform the work within the City of Santa Ana
RFP No. 25-076A

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specified time period.

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).
d. Firm and Team E xperience
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.
ii. Firm’s nearest address serving the City of Santa Ana and headquarters address.
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. iv. Resumes for all key staff proposed describing relevant experience. Identify personnel who will work on the monitoring including their resumes and hourly rates.

v. Describe recent monitoring experience similar to the type requested.

e. Proposed Work Plan
Proposal shall include a statement demonstrating the firm’s understanding of the Scope of Services.

Describe the company’s experience and work plan to conduct financial and programmatic compliance reviews of federal grants with your hourly rates and estimated hours for the following services:

• Financial monitoring of up to five (5) Community Development Block Grant sub-recipients providing fair housing and/or public services.

• Program monitoring for up to five (5) Community Development Block Grant sub-recipients providing fair housing and/or public services.

• Financial monitoring of up to three (3) Emergency Solutions Grant sub- recipients. Two sub-recipients provide one activity and one subrecipient provides three activities.

• Project monitoring of two (2) Community Development Block Grant capital improvement projects.

• Financial monitoring of two (2) HOME projects.

• Technical support to enhance project documents and reporting documents for City of Santa Ana
RFP No. 25-076A

EXHIBIT 1

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compliance with all applicable regulations.

Additionally, proposed work plan shall include Proposers’:
i. Anticipated approach to performing services as specified herein; ii. Suggestions or special concerns the evaluation committee should take into consideration (if any);
iii. Description of deliverables and implementation plan. Proposer shall submit a general description of the deliverables, implementation plan, and timeline. iv. Provide the location of the office from which the work is to be done and the number of partners, managers, supervisor, seniors and other professional staff employed by the office.

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

2. Cost Proposal
All Proposers are required to submit a fixed rate fee with their Cost Proposal. Pricing instructions should be clearly defined to ensure fees proposed can be compared and evaluated. Cost Proposal must include a payment schedule if applicable. City reserves the right to negotiate compensation and/or payment schedule prior to award of any resulting agreement. When applicable, if providing hourly rate sheets, Proposer shall not include rate ranges or averages.

The City shall not provide reimbursement for travel -related expenses, mileage, parking, lodging, meals, incidental fees, insurance, freight/shipping and handling/delivery, and any other business expenses, supplies and materials related to providing services as specified herein. Additional costs will not be considered and will not be reimbursed by the City, therefore, such costs must be absorbed in Proposer’s cost proposal fee structure.

Any language related to travel reimbursement shall be stricken from the document by the City and if not stricken, shall be deemed invalid.

Proposals shall be valid for a minimum of one hundred eighty (180) days following Proposal deadline. The cost for developing the Proposal is the sole responsibility of the Proposer. All Proposals submitted become property of the City.

Pricing shall remain firm for the entire initial Agreement term. Thereafter, any proposed pricing adjustment for follow -on renewal periods shall be submitted to the City Representative in writing at least ninety (90) days prior to the new Agreement term. The City reserves the right to accept, reject, or negotiate any proposed pricing adjustment not to exceed the Bureau of Labor Statistics Consumer Price Index (CPI) data as follows:

Los Angeles-Long Beach-Anaheim, CA; All Urban Consumers; Not Seasonally Adjusted; annualized change comparing the most recent month’s reported data to the same month of the prior year. (This information may be found on the U.S. Department of Labor’s website at www.bls.gov.)

City of Santa Ana
RFP No. 25-076A

EXHIBIT 1

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12 8/19/2025

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VI. CERTIFICATIONS (ATTACHMENTS)
In addition to the SOQand Cost Proposal, t he following forms, included in this RFP, shall be signed and included as part of the proposal submittal package:
• Attachment A: Proposer’s Certification and Proposal Item Pricing • A
ttachment B: References
• Attachment C: Proposer’s Statement
• Attachment D: Non-Collusion Affidavit
• Attachment E: Non-Lobbying Certification
• Attachment F: Non-Discrimination Certification
• Attachment G: SAM.gov UEI Veritifcation
• Attachment H: Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion

The proposal must be completely responsive to the RFP. Incomplete proposals will be deemed as nonresponsive and will be rejected. The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any commitment will be awarded pursuant to this RFP or otherwise.

PLEASE NOTE:

• All forms above must be signed by a representative of the Firm that is legally authorized to contractually bind the Proposer.

• City will not waive notarization requirement when applicable on any of the required attachments.

VII. REFERENCES
Contractor shall provide three (3) references from other similar public agencies for which services similar to those specified in this RFP have been performed, including contact names, addresses and telephone numbers. Use ATTACHMENT B – References. The respondent grants permission for the City to contact any individuals listed as references.

City may disqualify a Proposer if:
• References fail to substantiate Proposer’s description of services and deliverables provided; or

• References fail to support that Proposer has a continuing pattern of providing capable, productive, and skilled personnel, or

• City is unable to reach the point of contact with reasonable effort. It is the Proposer’s responsibility to inform the point of contact(s) of normal City working hours.

VIII. MINIMUM SCOPE AND LIMIT OF INSURANCE
See Exhibit II – Sample Agreement

City of Santa Ana
RFP No. 25-076A

EXHIBIT 1

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13 8/19/2025

CITY OF SANTA ANA

IX. SELECTION PROCEDURES & CRITERIA
A. Evaluation: The City will establish a proposal review committee. The review committee will evaluate proposals based on the response to the RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth below.

B. Scoring Criteria: P roposers will be ranked by the review committee based on the following criteria:

CATEGORY POINTS
Background, Qualifications & ExperienceThe technical qualifications and experience of the organization are adequately described as they relate to the Scope of Services.
o The proposal identifies specific projects completed within the past five (5) years that demonstrate competency of the tasks outlines in the Scope of Services. o The ability to meet the needs and concerns of the City is adequately demonstrated. 25 Key Personnel / Proposed StaffingProposer demonstrates experience providing type of service required or experience providing similar services • Proposer demonstrates they have the necessary resources, knowledge, skills, experience, and any required licenses / certifications to provide the required services • Proposal provides resumes of experienced personnel that are capable of and devoted to the successful accomplishment of work to be performed under this contract. • Staff members have been identified who would be assigned to act in key management and technical positions providing services described in the Scope of Services.
• Proposal includes a description of the role for each identified staff member, including name, position, education, years of experience, and relevant projects on which they have worked.

25 Technical Approach / Methodology
o The proposal provides a thorough description of how the firm plans to meet the requirements of the Scope of Services, addressing specific challenges and opportunities, and explaining why their company is best suited to assist the City. o An implementation plan is included outlining a description of efforts the firm will undertake to achieve client satisfaction and to meet project deadlines 25 Cost Proposal
The Cost Proposal will be evaluated as follows:
• Lowest price receives the full score.
• Other scores are proportional to the lowest price.
20 Organization/Completeness of Response
Proposal demonstrates understanding of project and objectives as it relates to the Scope of Services.
o Proposal demonstrates requirements are addressed and adhered to. o Proposal is complete, comprehensive, and well-organized. 5 City of Santa Ana
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C. Rankings: A final score will be calculated for each submitted proposal and used to rank Proposers. Based upon the foregoing criteria, all proposals shall be ranked by score. Only those proposals receiving a score above 70 will be considered for award. The City reserves the right to award the contract to any Proposer(s) with a score above 70. The review committee will evaluate P roposers based on their response to the RFP and the City evaluation criteria set forth above.

D. Interviews: T
he review committee may invite the Proposers to interview. If invited to interview, Proposers must be prepared to include key personnel in the interview and/or presentation.

The City reserves the right to seek additional information from any or all Proposers invited to present proposals. A final score will be calculated for each submitted proposal and used to rank Proposers. City reserves the right to begin negotiations and enter into a contract without holding interviews, or further discussions.

E. Selection: T
he City is under no obligation to accept any proposal and reserves the right to negotiate with respondents as to fees and terms. The City may reject proposals at its sole discretion. If proposal fails to satisfy any requirements outlined in this RFP, it may be considered non-responsive and may be rejected.

The
City shall not be obligated to accept the lowest priced proposals, but will make awards in the best interests of the City after all factors have been evaluated. The review committee will recommend the qualified Proposers to the City Council or City Manager for award of contract, as appropriate.

The City has the authority to award the contract to one (1) or more respondents.

X. WITHDRAWALS
Proposers are responsible for verifying all prices and information before submitting a proposal.

Prior to the proposal due date, the Proposer or Proposer’s representative may withdraw the proposal by providing written notice of the proposal withdrawal to the City Contact/Project Manager. Verbal or telephonic withdrawals are not permissible.

XI. GENERAL TERMS AND CONDITIONS
A. AMERICANS WITH DISABILITIES ACT
The awarded Contractor hereby certifies that it will comply, as applicable, with the Americans with Disabilities Act of 1990 (“ADA”), 42 USC §§ 12101 et seq., and its implementing regulations, including Subtitle A, Title II of the ADA. Contractor will not discriminate against persons with disabilities nor against persons due to their relationship to or association with a person with a disability. Any contract entered into by the awarded Contractor (or any subcontract thereof), relating to this RFP, shall be subject to the provisions of this paragraph.

TOTAL POSSIBLE SCORE
(Before interviews – if held) 100
Interviews
• The City reserves the right to conduct interviews with the highest-rated firm(s). In the event the City does perform an interview process, the following is the maximum number of additive points that may be applied to the proposal score. Total possible score may exceed 100 points.
10 City of Santa Ana
RFP No. 25-076A

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B. CITY BUSINESS LICENSE
The selected P roposer must obtain a City of Santa Ana Business License prior to the execution of a contract and must provide a copy to the Buyer assigned to this RFP. The awarded party shall maintain a current business license throughout the term of the resulting contract. Procedure to obtain a City of Santa Ana Business License is available by contacting the Finance and Management Services, Business Tax Office at (714) 647- 5447 or on the City’s website: www.santa-ana.org

C. CITY RIGHT TO REJECT
The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any agreement will be awarded pursuant to this RF P or otherwise. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal.

D. CONFLICT OF INTEREST
Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of the City. This obligation shall apply to the Contractor; the Contractor’s employees, agents, and Subcontractors associated with accomplishing work and services hereunder. The Contractor’s efforts shall include, but not be limited to, establishing precautions to prevent its employees, agents, and Subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence City staff or elected officers from acting in the best interests of the City.

Each Proposer must disclose any existing or potential conflict of interest relati ve to the performance of the contractual services resulting from this RF P. Any such relationship that might be perceived or represented as a conflict should be disclosed. The City reserves the right to disqualify any Proposer on the grounds of actual or apparent conflict of interest.

No person, firm, or subsidiary thereof who has been awarded this Contract may be awarded a Contract for the provision of services, the delivery of supplies, or the provision of any other related action which is required, suggested, or otherwise deemed appropriate as an end product of this Contract. Therefore, Contractor is precluded from contracting for any work recommended as a result of this Contract.

E. CONTRACTOR’S EXPENSE
Pre-Contractual Expenses: T
he City is not liable for any costs incurred by Proposers prior to entering into a formal contract. Costs of developing a response to this RFP, are entirely the responsibility of the Proposer, and shall not be reimbursed in any manner by the City. Pre - contractual expenses are not to be included in the cost proposal. Pre-contractual expenses include, but are not limited to, preparation of the proposal, submission of the proposal and additional information, attendance at pre-proposal conference, negotiating any matter related to this RFP with City, and/or any other expenses incurred by the Proposer prior to the date of award and execution, if any, of the contract.

Other Expenses: The Contractor will be responsible for all costs related to photo copying, telephone communications, fax communications, and parking while on City sites during the performance of work and services under this Contract.

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RFP No. 25-076A

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CITY OF SANTA ANA

F. CONTRACTOR’S PROJECT MANAGER/KEY PERSONNEL
Except as formally approved by the City, the key personnel identified in Contractor’s proposal shall be the individuals who will actually complete the work. Changes in staffing must be reported in writing and approved by the City. The City shall have the right to require the removal and replacement of the Contractor’s Project Manager and key personnel under the awarded contract. The City shall notify the Contractor in writing of such action. 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.

Standards of Conduct: Cont
ractor’s personnel shall be courteous and maintain good working relationships with all stakeholders, state or outside agencies, other team members and staff within the City.

G. COS

T PROPOSAL
The awarded Contractor agrees to provide the purchased services at the costs, rates, and fees as set forth in their Fee Schedule in response to this RFP. No other costs, rates or fees shall be payable to the awarded Subcontractor for implementation of their proposal.

H. DATA RETENTION
Contractor shall be responsible for retaining data, records, and documentation for the preparation of required items. These materials shall be made available to and as requested by City.

All materials, documents, data or information obtained from the City Data files or any City medium furnished to Contractor in the performance of an awarded contract will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Contractor after completion or termination of this Contract without the express written consent of the City. All materials, documents, data or information, including copies, must be returned to the City at the end of the contract.

All data, documents and other products used, developed, or produced during response preparation of the RFP will become property of the City. All responses to the RFP shall become property of the City. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act.

I. DRUG-FREE WORKPLACE
The awarded Contractor certifies compliance with Government Code Section 8355 in matters relating to providing a drug- free workplace. Failure to comply with these requirements may result in suspension of payments under the Contract or termination of the contract or both, and the Contractor may be ineligible for award of any future City contracts.

J. EXAMINATION
Proposer represents that it has thoroughly examined and become familiar with the services and responsibilities required this RFP and that it is capable of effectively and efficiently performing quality work to achieve the City’s objectives. Any attachments referenced herein or any interpretations, clarifications or amendments subsequently posted in relation to this RFP are fully incorporated.

City of Santa Ana
RFP No. 25-076A

EXHIBIT 1

City Council
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17 8/19/2025

CITY OF SANTA ANA

Any irregularities or lack of clarity in the RFP should be brought to the designated City Contact/Project Manager’s attention as soon as possible so that corrective addenda may be furnished to prospective Proposers.

Proposals which appear unrealistic in the terms of technical commitments, lack of technical competence, or are indicative of failure to comprehend the complexity and risk of this contract, may be rejected.

K. EXECUTION OF AGREEMENT
Upon successful negotiations, the City and the selected Proposer will enter into an Agreement similar to that as shown in EXHIBIT II – Sample Agreement of this RFP . If a Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being notified of selection under this RFP, the City reserves the right to disqualify them without any further obligation
L. FISCAL NONFUNDING CLAUSE
In the event sufficient budgeted funds are not available for a new fiscal period, the City shall retain the right to notify the provider of such occurrence in writing at least thirty ( 30) days before the end of the current fiscal period and terminate the contract on the last day of the current fiscal period without penalty or expense to the City.

M. INDEPENDENT CONTRACTOR
Contractor is considered an independent Contractor and neither Contractor, its employees, nor anyone working under Contractor will be considered an agent or an employee of City.

Neither Contractor, its employees, nor anyone working under Contractor, will qualify for workers’ compensation or other fringe benefits of any kind through City.

N. JOINT OFFERS/SUBCONSULTANTS
Where two or more Proposers desire to submit a single proposal in response to this RFP, they
should do so on a prime sub-consultant basis. The City intends to contract with a single firm, also known as the prime, and not with multiple firms doing business as a joint venture.

Should the use of sub -consultants be offered, the Proposer shall provide the same assurances of competence for the sub -consultant plus the demonstrated ability to manage and supervise the subcontracted work. Sub- consultants shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all sub- consultants in the same manner as the Proposer. The Proposer is responsible for all the actions taken by their sub-contractor.

The City reserves the right to reject, replace and approve any and all Subcontractors. All Subc
ontractor(s) shall be identified in the response to the RFP and the City reserves the right to reject any proposed Subcontractor(s). Subcontractors shall be the responsibility of the prime Contractor and the City shall assume no liability of such Subcontractors.

O. LITIGATION STATUS
Each Proposer must include in its proposal a complete disclosure of any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the Proposer or in which the Proposer has been judged guilty or liable. Failure to comply with t he terms of this provision will disqualify any proposal. The City reserves the right to reject any proposal based upon the Proposer’s prior history with the City or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to meet contract milestones or other contractual failures.

City of Santa Ana
RFP No. 25-076A

EXHIBIT 1

City Council
15 –
18 8/19/2025

CITY OF SANTA ANA

P. NEGOTIATIONS
The City reserves the right to negotiate final contract terms with any Proposer selected. The contract between the parties will consist of the RFP together with any modifications thereto, and the awarded Contractor’s proposal , together with any modifications and clarifications thereto that are submitted at the request of the City during the evaluation and negotiation process. In the event of any conflict or contradiction between or among these documents, the documents shall control in the following order of precedence: the final executed contract, the RFP, any modifications and clarifications to the awarded Contractor’s proposal, and the awarded Contractor’s proposal. Specific exceptions to this general rule may be noted in the final executed contract.

Negotiations shall be confidential and not subject to disclosure to competing Contractors unless and until an agreement is reached. If contract negotiations cannot be concluded successfully, the City reserves the right to negotiate a contract with another Contractor or withdraw the RFP.

Q. NON-PAYMENTS
Note that payments will NOT be made for any unsatisfactory work until corrected. In the event of nonpayment of undisputed sums by the City, Contractor shall give the City thirty (30) working days to cure the alleged breach.

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.

S. PARKING
The City will not provide free parking and/or reimbursement for the cost of parking while providing services and conducting business with the City.

T. PROFESSIONAL STANDARDS
Contractor staff shall be courteous to the public and City staff utilizing facilities where Contractor is performing work, but shall be responsive only to the requests of the City’s Project Manager or designee. Contractor staff shall direct all inquiries to Project Manager or designee.

Contractor acknowledges that City locations consist of public -use facilities and recognizes the obligation to ensure Contractor personnel and agents maintain the highest level of professional standards in attire, decorum, and interaction with the public and City personnel.

U. PROJECT MANAGER
The selected Proposer will assume responsibility for all services in its proposal. The selected Proposer shall identify a sole point of contact, Project Manager, with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement.

City of Santa Ana
RFP No. 25-076A

EXHIBIT 1

City Council
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CITY OF SANTA ANA

V. PROPOSAL VALIDITY
Services, pricing, and warranties indicated in a Proposer’s Proposal must be valid for a period of 180 days at minimum after the submission of the Proposal.

W. PUBLIC AGENCIES
Other public agencies, as defined by California Government Code Section 6500, may choose to use the terms of this Contract, subject to Contractor’s acceptance. The City is not liable or responsible for any obligations related to a subsequent contract between Contractor and another public agency.

X. PUBLIC RECORDS
Proposals will become public record after the award of a contract unless the proposal or specific parts of the proposal can be shown to be exempt by law. Each Proposer may clearly label all or part of a proposal as "CONFIDENTIAL" provided that the Proposer thereby agrees to indemnify and defend the City for honoring such a designation. The failure to so label any information that is released by the City shall constitute a complete waiver of any and all claims for damages caused by any release of the information. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act.

Y. SUBCONTRACTORS
Proposals in response to this RFP must identify any Subcontractors, and outline the contractual relationship between the Awarded Subcontractor and each Subcontractor. An official of each proposed Subcontractor must sign, and include as part of the proposal submitted by the Prime Contractor, a statement to the effect that the Subcontractor has read and will agree to abide by the awarded Contractor’s obligations. Any Subcontractor proposed after award of contract must be approved by the City before commencement of work.

The City will look solely to the awarded Contractor for the performance of all contractual obligations which may result from an award based on this RFP, and the awarded Contractor shall not be relieved for the non-performance of any or all Subcontractors.

XII. AWARD OF AGREEMENT
Selected Contractor(s) will be notified in writing. Any award is contingent upon the successful negotiation of final contract terms.

A. EXECUTION OF AGREEMENT
A standard agreement is included as EXHIBIT II Sample Agreement of this RFP. “Proposer” will hereinafter be referred to as “Consultant” or “Contractor” in standard agreement. The term of the agreement will begin after the agreement is fully executed, and all required bonds, insurance documents and contents of the payment information packet have been received and approved.

XIII. IMPLEMENTATION
A. KICK-OFF MEETINGS
The successful Proposer will be required to meet with City staff prior to commencement of services or at any time as required by the City, to discuss and agree on operational issues including transition of services and scheduling.

City of Santa Ana
RFP No. 25-076A

EXHIBIT 1

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CITY OF SANTA ANA

Consultant shall perform services as set forth below.

General Responsibilities of the Consultant

Consultant will provide select monitoring and technical support services, as well as administrative services for the City of Santa Ana’s CDBG, HOME, and ESG Programs. The technical assistance and administrative services will be on-call for any forms of assistance or service related to these grant programs. This means the consultant may be required to administer or manage any form or part of the CDBG, HOME, and ESG Programs at any point-in-time on behalf of the City. These services also apply to the close-out and transfer of one-time grants for the Neighborhood Stabilization Program (NSP 1, 2 & 3).

These services also include the City’s Citizen Participation Plan Review, Language Access Plan Update, Consolidated Plan and Annual Action Plans, including any public meetings, completion of the draft Consolidate Plan and Annual Action Plans, Submission of the Consolidated Plan and Annual Action Plans in IDIS, and Acceptance of Consolidated Plan and Annual Action Plans by HUD. This Scope of Services is not meant to be exhaustive relative to the administration or management of any form or part of the CDBG, HOME, and ESG Programs. Amongst the services to be provided, monitoring is highlighted below in detail as an example of the level of detail required by the Consultant:

MONITORING
Coordinate and finalize the monitoring visits directly with each sub-recipient and conclude follow up each fiscal year no later than June 1
st.

1. Monitoring Letter
Send a monitoring letter to each subrecipient requesting an appointment and indicating required documentation to be reviewed at the onsite monitoring.

2. Hold an Entrance Conference
Hold an entrance conference onsite with the subrecipients’ appropriate financial and/or program staff immediately before the monitoring to ensure that all subrecipient staff have a clear understanding of the purpose, scope and schedule of the monitoring.

3. Rev
iew Financial and/or Program Documents
Utilize applicable HUD Forms from CPD Monitoring Handbook for Subrecipient Oversight for CDBG, ESG, and HOME or any other forms that Consultant deems acceptable for monitoring standards. Proposed forms are to be submitted for review to the City for preapproval by the City for use.

4. Hold an Exit Conference
Meet with key representatives of the subrecipient organization to: 1) present preliminary results of the monitoring visit; 2) provide an opportunity for the subrecipient to correct any misconceptions or misunderstandings; 3) secure additional information from subrecipient staff to clarify or support their position; and 4) provide an opportunity for subrecipient staff to report on steps they are already taking to correct the matter.

EXHIBIT I

SCOPE OF SERVICES
City of Santa Ana
RFP No. 25-076A

EXHIBIT 1

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CITY OF SANTA ANA

5. Draft Monitoring Letter for City’s Review
Draft a monitoring letter to subrecipient for the City’s review after the monitoring visit. Letter should include observations, concerns, findings, recommended actions and/or corrective actions.

6. Follow-Up
Follow-up on outstanding corrective actions and draft final monitoring close-out letter for the City’s review.

MON

ITORING STANDARDS
All monitoring activities conducted under this engagement shall adhere to the standards and requirements set forth in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (commonly referred to as Uniform Guidance), codified at 2 CFR Part 200.

The consultant is expected to perform monitoring in a manner consistent with the principles of accountability, transparency, and risk-based oversight. This includes, but is not limited to, the following key components:

1. Compliance with Federal Regulations: All activities must align with the compliance requirements outlined in 2 CFR 200, including Subpart D (Post Federal Award Requirements) and Subpart F (Audit Requirements), ensuring that subrecipients use federal funds for allowable and eligible purposes.

2. Internal Control Evaluation: The consultant must assess the effectiveness of each subrecipient’s internal control systems in relation to financial management, procurement practices, and programmatic operations, as described in 2 CFR §200.303.

3. Risk Assessment: Monitoring shall include a documented risk-based approach to determine the appropriate level of oversight for each subrecipient, consistent with the guidance in 2 CFR §200.331(b). This includes evaluating prior performance, financial stability, and the complexity of funded activities.

4. Performance and Financial Monitoring: The consultant will verify that programmatic goals are being met and that financial reporting, cost allocations, and expenditures conform to applicable federal guidelines and the specific terms and conditions of each sub-award.

5. Corrective Actions and Technical Assistance: If deficiencies are identified, the consultant shall provide clear recommendations for corrective action and, where appropriate, offer technical assistance to ensure timely and effective remediation.

6. Documentation and Reporting: All monitoring findings, recommendations, and follow-up actions must be thoroughly documented in accordance with 2 CFR §200.334 (Retention Requirements for Records), and submitted in a timely manner to City staff for review.

These monitoring standards are designed to safeguard federal funds, support program integrity, and ensure the City of Santa Ana and its subrecipients maintain compliance with all applicable laws and regulations.

City of Santa Ana
RFP No. 25-076A

EXHIBIT 1

City Council
15 –
22 8/19/2025

CITY OF SANTA ANA

The monitoring will include second quarter billings and performance for fiscal year 2025-2026.

City of Santa Ana
RFP No. 25-076A

EXHIBIT 1

City Council
15 –
23 8/19/2025

CITY OF SANTA ANA

CONSULTANT AGREEMENT

CITY OF SANTA ANA

THIS AGREEMENT is made and entered into on this day of , 20__ by and between ___________________________________________________________, (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS

A. The City desires to retain a Consultant having special skill and knowledge in the field of:

B. Consultant represents that Consultant is able and willing to provide such services to the City.

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

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

1. SCOPE OF SERVICES

Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference.

2. COMPENSATION

a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed $100,000.00.

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. 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 July 1, 2025 for a 3 year term with the option for the City to grant up
to two 1-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below.

4. INDE

PENDENT CONTRACTOR

Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant 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 Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social

EXHIBIT II

SAMPLE AGREEMENT
City of Santa Ana
RFP No. 25-076A

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security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.

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 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.

6. INSURANCE

Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant .

MINIMUM SCOPE AND LIMIT OF INSURANCE

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate.

Required policy limits can be met with primary and umbrella/excess insurance policies .

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

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

4. Professional Liability: with limits n o less than $2,000,000 per occurrence or claim, and $4,000,000 aggregate.

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

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

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

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2. Consultant’s Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement.

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

4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant’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. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment of premium.

6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Att ention:
(Name of Department Staff Responsible for Agreement), Address of Department Responsible for Agreement, M-XX, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate.

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

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M.

Best rating of no less than A:VII, unless otherwise acceptable to City.

Verification of Coverage
Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins.

However, failure to obtain the required documents prior to the work beginning shall not waive Consultant’s obligation to provide them.

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

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

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 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. 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 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 City of Santa Ana
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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.

8. INTELLECTUAL PROPERTY INDEMNIFICATION

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

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.

10. CONFIDENTIALITY

If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant 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 Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City.

11. CONFLICT OF INTEREST CLAUSE

Consultant 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.

12. NON-DISCRIMINATION

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

13. 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 City of Santa Ana
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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 Consultant 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.

14. ASSIGNMENT

Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Consultant 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.

15. T ERMINATION

This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant 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 Consultant 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 Consultant 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.

16. WAIVER

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

17. 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.

18. PROFESSIONAL LICENSES

Consultant 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. Consultant 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.

19. 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 City of Santa Ana
RFP No. 25-076A

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CITY OF SANTA ANA

prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:

To City:

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

With courtesy copies to:

Executive Director, Community Development
Agency
City of Santa Ana
20 Civic Center Plaza (M-25)
P.O. Box 1988
Santa Ana, California 92702

To Contractor:

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.

20. 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. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement.
c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the bod
y of this Agreement.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.

ATTEST: CITY OF SANTA ANA
First & Last Name
Title
Consultant Firm Name
Address
City, State, Zip
Fax:

City of Santa Ana
RFP No. 25-076A

EXHIBIT 1

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CITY OF SANTA ANA

Jennifer L. Hall Alvaro Nuñez
City Clerk City Manager

APPROVED AS TO FORM:

SONIA R. CARVALHO CONSULTANT:

City Attorney

By:

Assistant City Attorney
Tax ID#

RECOMMENDED FOR APPROVAL:

Michael L. Garcia
Executive Director
Community Developoment Agency

(name)
(title)

City of Santa Ana
RFP No. 25-076A

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CITY OF SANTA ANA

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

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

__________________________________________________________________________________

LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS

__________________________________________________________________________________

BUSINESS ADDRESS

__________________________________________________________________________________

PRINTED NAME OF AUTHORIZED AGENT TITLE

__________________________________________________________________________________

SIGNATURE OF AUTHORIZED AGENT DATE E- MAIL ADDRESS

__________________________________________________________________________________

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

__________________________________________________________________________________

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

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

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

ATTACHMENT A

PROPOSER’S CERTIFICATION, PROPOSAL PRICING
City of Santa Ana
RFP No. 25-076A

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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:

__________________________________________________________________________________

REFERENCE

Customer Name:_________________________Contact Individual: ____________________________

Address: ________________________________Phone Number:

_______________________________ EMAIL: ____________________________________

Contract Amount: ________________________Year: ______________________________________

Description of supplies, equipment, or services provided:

__________________________________________________________________________________

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
City of Santa Ana
RFP No. 25-076A

EXHIBIT 1

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CITY OF SANTA ANA

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

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

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

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

Firm________________________________________________________________________________

Signed and Printed Name: ______________________________________________________________

Title ________________________________________________________________________________

Date

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

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

ATTACHMENT C

PROPOSER’S STATEMENT
City of Santa Ana
RFP No. 25-076A

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CITY OF SANTA ANA

(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 P roposer 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 P roposer, 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 making a false certification may subject the certifier to criminal prosecution.

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 A
ND INCLUDED WITH THE PROPOSAL.

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

ATTACHMENT D

NON-COLLUSION AFFIDAVIT
City of Santa Ana
RFP No. 25-076A

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CITY OF SANTA ANA

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

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

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

Signed:

Title:

Firm:

Date:

THIS FORM MUST BE COMPLETED A
ND 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. 25-076A

EXHIBIT 1

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CITY OF SANTA ANA

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

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

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

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

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

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

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

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

ATTACHMENT F

NON-DISCRIMINATION CERTIFICATION
City of Santa Ana
RFP No. 25-076A

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CITY OF SANTA ANA

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

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

Signed:

Title:

Firm:

Date:

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

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

City of Santa Ana
RFP No. 25-076A

EXHIBIT 1

City Council
15 –
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CITY OF SANTA ANA
On April 4, 2022, the federal government stopped using the DUNS Number to uniquely identify entities.

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

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

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.

Propos
er’s UEI:_______________________________________________ SAM.
gov Registration Expiration Date:_____________________________ THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

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

ATTACHMENT G
SAM
.GOV UEI VERIFICATION
City of Santa Ana
RFP No. 25-076A

EXHIBIT 1

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

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

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

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

ATTACHMENT H

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION City of Santa Ana
RFP No. 25-076A

EXHIBIT 1

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INSTRUCTION FOR CERTIFICATION

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

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

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

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

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

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

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

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

ATTACHMENT H (cont.)

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION City of Santa Ana
RFP No. 25-076A

EXHIBIT 1

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AGREEMENT FOR HUD GRANT MANAGEMENT SERVICES
BETWEEN MDG ASSOCIATES, INC. AND THE CITY OF SANTA ANA
THIS AGREEMENT, made and entered into this 19th day of August, 2025, by and between MDG Associates, Inc., a California corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City").

RECITALS
A. On May 7, 2025, the City issued a Request for Proposal No. 25-076A ("RFP"), by which it sought an experienced consultant to provide comprehensive financial, grant monitoring, administrative and technical support services for federally funded subrecipient programs through the United States Department of Housing and Urban Development ("HUD"), including the Community Development Block Grant ("CDBG"), HOME Investment Partnership Program ("HOME"), and Emergency Solutions Grant ("ESG"), during the 2025-2026 Fiscal Year.

B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide services described in the scope of work that was included in the RFP. The RFP is referenced herein as if incorporated in full.

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

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

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

2. COMPENSATION
a. The City agrees to pay, the Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed $100,000 per year, which includes $300,000 for the entire term of the Agreement.

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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 Consultant agree that all payments due and owning under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant 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 Consultant'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 and Scope of Work, which may reasonably be expected by City.

3. TERM
This Agreement shall commence on the date first written above and terminate on June 30, 2028, unless terminated earlier in accordance with Section 15, below. The Term of this Agreement may be extended by a writing executed by the City Manager and the City Attorney.

4. INDEPENDENT CONTRACTOR
Consultant 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 Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant 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.

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 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.

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6. INSURANCE
Insurance requirements are attached hereto as Exhibit C.

7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold hannless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (I) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, 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.

This indemnity and hold hannless 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 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 Consultant'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 Consultant.

8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant 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 Consultant to the City pursuant to this Agreement.

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

EXHIBIT 2

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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.

10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant 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 Consultant disclosed in a publicly available source; ( c) is in rightful possession of the Consultant without an obligation of confidentiality; ( d) is required to be disclosed by operation of law; or ( e) is independently developed by the Consultant without reference to information disclosed by the City.

11. CONFLICT OF INTEREST CLAUSE
a. Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with pe1formance of services specified under this Agreement.
b. No innnediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and connnission members, as defined under the City's Municipal Code, whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Consultant or have any other direct or indirect financial benefit or interest in this Agreement. c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution
d. The Consultant must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement. The Consultant warrants that it is not now aware of any facts which

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conflict with the prohibitions defined above. If the Consultant hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement. e. Consultant covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported (in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b) and ( c) above.

12. NON-DISCRIMINATION
Consultant 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. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.

13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Consultant, 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 Consultant. 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 Consultant 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.

14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assigmnent, 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 Consultants retained by City.

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15. TERMINATION
This Agreement may be te1minated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the fo11owing conditions:
a. As a condition of such payment, the Executive Director may require Consultant 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 Consultant 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.

16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy sha11 be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.

17. VENUE/JURISDICTION
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.

18. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, pennits, approvals, waivers, and exempt-ions 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. Consultant 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.

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19. VALIDITY
The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision 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 facsimile or other telegraphic communication in the manner provided in this Section, to the following persons:

To City:

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

Community Development Agency
City of Santa Ana
20 Civic Center Plaza (M-25)
P.O. Box 1988
Santa Ana, California 92702-1988
Facsimile (714) 647-6549
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
Facsimile (714) 647-6515
To Consultant:

MDG Associates, Inc.

I 0722 Arrow Route, Suite 822
Rancho Cucamonga, California 91730
Phone: (909) 476-9696

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Facsimile: (909) 476-6086

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

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.

ATTEST:

JENNIFER HALL
City Clerk
APPROVED AS TO FORM:

SONIA R. CARVALHO
City Attorney
By:Uitcwc. (}JJ tlt,4_ � -�

ANDREA GARCIA-MILLER
Assistant City Attorney

RECOMMENDED FO
::,C
VAL:
�MICHAELLGARCIA
Executive Director
Community Development Agency

CITY OF SANT A ANA
Alvaro Nunez
City Manager

CONSULTANT
MDG Associates, Inc.

B�
RudyMufio'
President
UEI#: TCUDX2G9CMT3

EXHIBIT 2

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EXHIBIT A

SCOPE OF SERVICES
EXHIBIT 2

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CITY OF SANTA ANA

EXHIBIT I

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

General Responsibilities of the Consultant
Consultant will provide select monitoring and technical support services, as well as administrative services for the City of Santa Ana's CDBG, HOME, and ESG Programs. The technical assistance and administrative services will be on-call for any forms of assistance or service related to these grant programs. This means the consultant may be required to administer or manage any form or part of the CDBG, HOME, and ESG Programs at any point-in-time on behalf of the City. These services also apply to the close-out and transfer of one-time grants for the Neighborhood Stabilization Program (NSP 1, 2 & 3).

These services also include the City's Citizen Participation Plan Review, Language Access Plan Update, Consolidated Plan and Annual Action Plans, including any public meetings, completion of the draft Consolidate Plan and Annual Action Plans, Submission of the Consolidated Plan and Annual Action Plans in IDIS, and Acceptance of Consolidated Plan and Annual Action Plans by HUD. This Scope of Services is not meant to be exhaustive relative to the administration or management of any form or part of the CDBG, HOME, and ESG Programs. Amongst the services to be provided, monitoring is highlighted below in detail as an example of the level of detail required by the Consultant:

MONITORING
Coordinate and finalize the monitoring visits directly with each sub-recipient and conclude follow up each fiscal year no later than June 1st.

1. Monitoring Letter
Send a monitoring letter to each subrecipient requesting an appointment and indicating required documentation to be reviewed at the onsite monitoring.

2. Hold an Entrance Conference
Hold an entrance conference onsite with the subrecipients' appropriate financial and/or program staff immediately before the monitoring to ensure that all subrecipient staff have a clear understanding of the purpose, scope and schedule of the monitoring.

3. Review Financial and/or Program Documents
Utilize applicable HUD Forms from CPD Monitoring Handbook for Subrecipient Oversight for CDBG, ESG, and HOME or any other forms that Consultant deems acceptable for monitoring standards. Proposed forms are to be submitted for review to the City for preapproval by the City for use.

4. Hold an Exit Conference
Meet with key representatives of the subrecipient organization to: 1) present preliminary results of the monitoring visit; 2) provide an opportunity for the subrecipient to correct any misconceptions or misunderstandings; 3) secure additional information from subrecipient staff to clarify or support their position; and 4) provide an opportunity for subrecipient staff to report on steps they are already taking to correct the matter.

City of Santa Ana RFP No. 25-076A Page 17 of 36
EXHIBIT 2

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CITY OF SANTA ANA

5. Draft Monitoring Letter for City's Review
Draft a monitoring letter to subrecipient for the City's review after the monitoring visit. Letter should include observations, concerns, findings, recommended actions and/or corrective actions.

6. Follow-Up
Follow-up on outstanding corrective actions and draft final monitoring close-out letter for the City's review.

MONITORING STANDARDS
All monitoring activities conducted under this engagement shall adhere to the standards and requirements set forth in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (commonly referred to as Uniform Guidance), codified at 2 CFR Part 200.

The consultant is expected to perform monitoring in a manner consistent with the principles of accountability, transparency, and risk-based oversight. This includes, but is not limited to, the following key components:

1. Compliance with Federal Regulations: All activities must align with the compliance requirements outlined in 2 CFR 200, including Subpart D (Post Federal Award Requirements) and Subpart F (Audit Requirements), ensuring that subrecipients use federal funds for allowable and eligible purposes.

2. Internal Control Evaluation: The consultant must assess the effectiveness of each subrecipient's internal control systems in relation to financial management, procurement practices, and programmatic operations, as described in 2 CFR §200.303.

3. Risk Assessment: Monitoring shall include a documented risk-based approach to determine the appropriate level of oversight for each subrecipient, consistent with the guidance in 2 CFR §200.331(b). This includes evaluating prior performance, financial stability, and the complexity of funded activities.

4. Performance and Financial Monitoring: The consultant will verify that programmatic goals are being met and that financial reporting, cost allocations, and expenditures conform to applicable federal guidelines and the specific terms and conditions of each sub-award.

5. Corrective Actions and Technical Assistance: If deficiencies are identified, the consultant shall provide clear recommendations for corrective action and, where appropriate, offer technical assistance to ensure timely and effective remediation.

6. Documentation and Reporting: All monitoring findings, recommendations, and follow-up actions must be thoroughly documented in accordance with 2 CFR §200.334 (Retention Requirements for Records), and submitted in a timely manner to City staff for review.

These monitoring standards are designed to safeguard federal funds, support program integrity, and ensure the City of Santa Ana and its subrecipients maintain compliance with all applicable laws and regulations.

City of Santa Ana RFP No. 25-076A Page 18 of 36
EXHIBIT 2

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CITY OF SANT A ANA
The monitoring will include second quarter billings and performance for fiscal year 2025-2026.

City of Santa Ana RFP No. 25-076A Page 19 of 36
EXHIBIT 2

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EXHIBITB

COMPENSATION
EXHIBIT 2

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MDG Associates, Inc., is pleased to submit a cost proposal to provide the City of Santa Ana with the services outlined in the Request for Qualifications for U.S. Department of Housing and Urban Development (HUD) Grant Management Services. Our proposed pricing structure consists of a combination of fixed lump sum fees for defined tasks and hourly rates for as-needed or variable services. This blended approach is intended to provide the City with predictable costs for core activities while maintaining flexibility to address specialized or unanticipated needs. Details are provided in Table 1 below.
..... - - -111.1■1■1••· !.l•-�•· • • ·-
Table 1: Lump Sum Items
--•n • :11
Program and Financial monitoring of up to five (5) Community Development Block Grant sub- recipients providing fair housing and/or public services.

Financial monitoring of up to three (3) Emergency Solutions Grant sub-recipients. Two sub- recipients provide one activity and one subrecipient provides three activities Project monitoring of two {2) Community Development Block Grant capital improvement projects.

Financial monitoring of two (2) HOME projects
- - - --- - --- - - --,.,·Ja,1 ,1.1rw_1P1, -"'---"'1 -"1t:•••.,�•,-.]·�-•1L�!lll.!lll - Monitoring - Sub Total:

Technical support to enhance project documents and reporting documents for compliance with all applicable regulations
- -1 .... 1111, .... 111111 ·- . -
$16,150
$9,450
$6,450
$22,160
$54,210
�
To be billed
hourly*
* Due to unknown level of need and subject matter, we are proposing to bill the technical assistance (TA) on an hourly basis. If requested, MDG can provide a budget for each TA assignment requested by the City.

Note that MDGs' lump sum prices will increase at a rate of 2.5% annually should the City exercise its option to extend the contract. The hourly rates for the technical assistance component will also increase annually as provided in Table 2 below.
-------------------------------------------(115 ------
EXHIBIT 2

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•=-111111�
Table 3: Rate Schedule - 5 Year Schedule
(Hourly Rates)
!;.OU w
i".lt)"I--- ...... t- . .lty.1-.,.....�.
!.&I
p.,fl),I• ... ;:::::-
President/Sr. Exec. Vice-President $175.00 $179.00 $184.00 Vice-President $164.00 $169.00 $173.00
Director $154.00 $158.00 $162.00
Deputy Director $139.00 $142.00 $146.00
Manager $123.00 $127.00 $130.00
Senior Associate $111.00 $114.00 $117.00
Associate $100.00 $103.00 $106.00
Senior Analyst $82.00 $84.00 $86.00
Analyst $77.00 $79.00 $81.00
Secretary $54.00 $56.00 $58.00
**Program year is defined as July 1 to June 30 of the following year.

I.ti 00 ....i,111'..--�;1 i'.lt)'_J;,..,,-1,..•
$188.00 $193.00
$178.00 $183.00
$166.00 $171.00
$150.00 $154.00
$134.00 $138.00
$120.00 $123.00
$109.00 $112.00
$89.00 $92.00
$83.00 $86.00
$60.00 $62.00
--------------------------------------------4' 16 ------ EXHIBIT 2

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EXHIBITC

INSURANCE REQUIREMENTS
EXHIBIT 2

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Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant.

MINIMUM SCOPE AND LIMIT OF INSURANCE

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 0lcovering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies.

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

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

4. Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $1,000,000 aggregate.

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

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

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

2. Consultant's Insurance company(ies) agrees to waive ail 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 Consultant under this Agreement.

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

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4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant'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. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non­ payment of premium.

6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Executive Director, Community Development Agency, 20 Civic Center Plaza, M-25, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate.

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

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

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

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

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

EXHIBIT 2

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Parks, Recreation, and Community Services
www.santa-ana.org/parks
Item # 16
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 19, 2025
TOPIC: Agreement with KABOOM! for Playground Equipment at Sandpointe Park

AGENDA TITLE
Agreement with KABOOM! to Provide Updated Playground Equipment at Sandpointe Park

RECOMMENDED ACTION
Authorize the City Manager to approve a community partner agreement with KABOOM!, Inc. for new playground equipment at Sandpointe Park in the amount of $8,500 (Agreement No. A-2025-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
Kaboom! is a national nonprofit that partners with communities to design and build playspaces, especially in multicultural communities where residents have limited access to such facilities. Over the past 25 years, they have built or improved more than 17,000 playspaces, engaged 1.5 million community members, and served nearly 12 million kids.

In May, KABOOM! approached the City of Santa Ana Parks, Recreation, and Community Services Agency asking if there was interest in being their Community Partner to receive a KABOOM! grant for new playground equipment to be installed at Sandpointe Park. City staff created a prioritization list identifying park playgrounds in need of replacement due to poor conditions and Sandpointe Park was identified as a candidate for such improvements. The City is familiar with the KABOOM! process, having previously received four grants, installing play equipment at other City parks, including Fisher Park and Jerome Park. On Wednesday, August 6, community members participated in a “KABOOM! Design Day” workshop to share ideas for the new Sandpoint Park playground, including slides, swings, and shade features. The new playground will replace the existing one in the heart of the park, just south of the City building and restrooms. Conceptual designs will be shared for public feedback before KABOOM! finalizes the design.

KABOOM! has partnered with the Pacific Life Foundation, the charitable arm of Pacific Life Insurance Company, to provide funding and volunteers for the new Sandpointe

City Council
16 –
1 8/19/2025

Agreement with KABOOM! for Playground Equipment at Sandpointe Park August 19, 2025

5 2
7 9
Park playground. Following its model of uniting funders with engaged communities to transform local playspaces, KABOOM! submitted an agreement (Exhibit 1) approved by the City Attorney’s Office and ready for execution.

The City will be responsible to pay $8,500 towards the cost of the playground equipment, provide the land/area for the play equipment, own/maintain the play equipment, secure any permits, identify any utility conflicts, perform a soil test, remove old playground equipment, accept Landscape Structures equipment, provide rubberized surfacing, and provide liability insurance. Pacific Life Foundation will be responsible for the remaining cost of the new play equipment and providing community volunteers to participate in design day, preparation day, and build day.

In addition to installing the new playground equipment, the City will install rubberized surfacing in the surrounding play area for $136,500, bringing the total cost of the City’s expenditures to $145,000 for the Sandpointe Park upgrade.

FISCAL IMPACT
Funds in the amount of $145,000 are budgeted and available for expenditure in FY 2025- 26 in the Capital Outlay Fund for Park Improvements, Maintenance & Repairs and Buildings & Grounds expenditure accounts, 05113263-62320.

EXHIBIT(S)

1. Agreement with KABOOM!, Inc.

Submitted By: Hawk Scott, Executive Director of Parks, Recreation, and Community Services
Approved By: Alvaro Nuñez, City Manager

City Council
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Docusign Envelope ID: 6521C537-B08B-4B1B-859F-8D95C803E5D6

City Council
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Docusign Envelope ID: 6521C537-B08B-4B1B-859F-8D95C803E5D6

City Council
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4 8/19/2025

Docusign Envelope ID: 6521C537-B08B-4B1B-859F-8D95C803E5D6

City Council
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5 8/19/2025

Docusign Envelope ID: 6521C537-B08B-4B1B-859F-8D95C803E5D6

City Council
16 –
6 8/19/2025

Docusign Envelope ID: 6521C537-B08B-4B1B-859F-8D95C803E5D6

City Council
16 –
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Docusign Envelope ID: 6521C537-B08B-4B1B-859F-8D95C803E5D6 Aug 5, 2025

City Council
16 –
8 8/19/2025

Docusign Envelope ID: 6521C537-B08B-4B1B-859F-8D95C803E5D6

City Council
16 –
9 8/19/2025

Docusign Envelope ID: 6521C537-B08B-4B1B-859F-8D95C803E5D6

City Council
16 –
10 8/19/2025

Docusign Envelope ID: 6521C537-B08B-4B1B-859F-8D95C803E5D6

City Council
16 –
11 8/19/2025

KABOOM Santa Ana Agreement with updated
Insurance exhibit (004)
Final Audit Report 2025-08-05
Created: 2025-08-05
By: Stephanie Garcia ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAnjBSVKxukhxiMDhCsStjp48L4V7MzswA "KABOOM Santa Ana Agreement with updated Insurance exhibit (004)" History
Document digitally presigned by DocuSign\, Inc. ([email protected]) 2025-08-05 - 5:59:47 PM GMT
Document created by Stephanie Garcia ([email protected]) 2025-08-05 - 8:59:46 PM GMT
Document emailed to Hawk Scott ([email protected]) for signature 2025-08-05 - 9:00:46 PM GMT
Email viewed by Hawk Scott ([email protected])
2025-08-05 - 9:05:10 PM GMT
Document e-signed by Hawk Scott ([email protected])
Signature Date: 2025-08-05 - 9:05:21 PM GMT - Time Source: server Agreement completed.
2025-08-05 - 9:05:21 PM GMT

City Council
16 –
12 8/19/2025

Public Works Agency
www.santa-ana.org/pw
Item # 17
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 19, 2025
TOPIC: Bristol-Tolliver Street Urban Greening Project - Basketball Court

AGENDA TITLE
Amendment to the Bristol-Tolliver Street Urban Greening Project Cost Analysis to add $115,000 in Residential Development District 4 - Acquisition and Development funds and $176,000 in Community Development Block Grant Funds for a New Total Construction Delivery Cost of $4,872,808 and Change Order to add $115,000 to an Existing Construction Contract with Legion Contractors, Inc., for the Construction of the Basketball Court at the Project (Project No. 24-6600) (Non-General Fund)

RECOMMENDED ACTION

1. Approve an amendment to the Bristol-Tolliver Street Urban Greening Project Cost Analysis to add $115,000 in Residential Development District 4 - Acquisition and Development funds, and $176,000 in Community Development Block Grant funds for a new total construction delivery cost of $4,872,808.

2. Approve a Change Order to add $115,000 to an existing construction contract with Legion Contractors, Inc., for the construction of the basketball court at the Bristol-Tolliver Street Urban Greening Project.

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
The Public Works Agency is responsible for the administration and oversight of all Capital Improvement projects in the City. The Bristol-Tolliver Street Urban Greening Project is currently under construction located on the corner of Bristol Street and Tolliver Street. This Project includes play equipment and adult fitness equipment with shade structures, pedestrian pathways, lighting, picnic areas, educational signage, drought tolerant landscaping, and a stormwater capture and reuse system for the park’s irrigation. In the Project’s final construction documents, a basketball court was included as a bid alternate in the amount of $235,000 in anticipation of future funding to be approved and allocated by the City Council. For that reason, the award of the construction contract in March 2025 excluded the bid alternate scope of work. During the Fiscal Year 2025-26 (FY 25-26) budget and Capital Improvement Program (CIP) adoption process, City Council allocated $115,000 from Park Acquisition and Development funds (non-federal funds) and $176,000 from Community Development Block Grant (CDBG) funds (federal funds) for a total of $291,000 for the addition of a

City Council
17 –
1 8/19/2025

Bristol-Tolliver Park Basketball Court
August 19, 2025

5 2
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basketball court (Exhibit 1). The basketball court will provide enhanced recreational benefits to the community.

On March 18, 2025, City Council awarded a non-federalized construction contract to Legion Contractors, Inc. (Legion) for the Bristol-Tolliver Street Urban Greening Project.

The project is currently under construction and is to be completed in February 2026.

Staff recommends adding the FY 25-26 budget allocation of $115,000 of local funds to the existing construction project and executing a change order for the installation of the concrete pad and electrical portion of the work for the basketball court.

The current construction contract with Legion Contractors, Inc., is not federalized and therefore cannot utilize the $176,000 of CDBG Federal funds. It will be necessary for the City to separately bid out and procure a construction contract via a federally compliant process and award a separate federalized contract for the remaining work to complete the basketball court, which includes installation of the lighting control panel, sports lighting, and striping/surfacing. The $176,000 will be sufficient for completing the scope of work and any unused CDBG funding will be returned to the Community Development Agency upon completion of the project.

The recommended action will increase the existing construction contact with Legion by $115,000. As indicated in the Cost Analysis (Exhibit 2) and as summarized in the table below, $176,000 of CDBG Federal funds are also included in the table below for completion of the basketball court, for a new total estimated construction delivery cost of $4,872,808.

Project Item Current
Total
Additional
Funding New Total
Construction Contract Bid Amount $3,808,800 $0 $3,808,800 Construction Administration,
Inspection, and Testing $392,128 $0 $392,128
Basketball Court Change Order (to
be performed under existing
construction contract)
$0 $115,000 $115,000
Remainder of Basketball Court (to be
performed by others under separate
Federal contract) – CDBG funds
$0 $176,000 $176,000
Contingencies $380,880 $0 $380,880

TOTAL ESTIMATED
CONSTRUCTION DELIVERY COST $4,581,808 $291,000 $4,872,808 Staff will issue a Request for Proposals (RFP) to procure a contractor via a federally compliant process and award a separate federalized contract to utilize the $176,000 of CDBG federal funding for the remaining work to complete the basketball court. This

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Bristol-Tolliver Park Basketball Court
August 19, 2025

5 2
3 9
includes installation of the lighting control panel, sports lighting, and striping/surfacing.

This work is anticipated to be completed in February 2026.

ENVIRONMENTAL IMPACT
There is no environment impact associated with this action. CEQA determination for the project was made under previous City Council Action on March 18, 2025 and Staff filed Categorical Exemption Environmental Review No. ER-2024-110. The recommended actions are exempt from further review pursuant to Sections 15303 (Class 3), 15304 (Class 4), and 15332 (Class 32) of the CEQA guidelines as the project constitutes construction of a limited number of small facilities or structures, minor alterations to land which do not involve the removal of trees, and an in-fill development project.

FISCAL IMPACT
As indicated in the Cost Analysis, the new total estimated construction delivery cost of the project is $4,872,808, which includes the construction contract, contract administration, inspection, testing, an authorized contingency, and separate CDBG Federal contract to complete the basketball court.

The following table summarizes funds budgeted and available in current FY 25-26 for expenditure to complete construction of this project.

Fiscal
Year
Accounting Unit -
Account No.
(Project No.)
Fund
Description
Accounting Unit
- Account No.

Description
Amount
2025-26 31413260-66220
(24-6600)
Residential
Development
District 4
Acquisition &
Development –
Improvements
Other Than
Buildings
$115,000
2025-26 13518783-66220
(25-XXXX)
Community
Development
Block Grant
CDBG Programs,
Improvements
Other Than
Building
$176,000
Total $291,000

EXHIBIT(S)

1. Bristol-Tolliver Basketball Court FY 2025-26 CIP Worksheet

2. Cost Analysis
Submitted By: Rudy Rosas, Acting Executive Director of Public Works Approved By: Alvaro Nuñez, City Manager

City Council
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3 8/19/2025

CITY OF SANTA ANA FY
25/26
CIP

CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT DESCRIPTION:

The Bristol Specific Plan designated the parcel on the corner of Bristol Street and Tolliver Street as park land. This project will transform approximately

1.25 -acres of vacant, City-owned parcels
into a new neighborhood park. It will include features such as play equipment, adult fitness equipment and a basketball court.

PROJECT NEED:

This project will enhance recreational opportunities for the community.

PROJECT TITLE:

Bristol & Tolliver Park - Basketball
Court
PROJECT CATEGORY:

City & Park Facility Improvements
Park Facility

LOCATION MAP
AGENCY:

DIVISION:

CONTACT:

DATE:

Public Works
Parks, Fleet & Facilities
Mike Ortiz, Deputy PW Director / Parks, Fleet, and
Facilities
11-Jul-2025

PROJECT COSTS
FY 25/26
FY 26/27
FY 27/28
FY 28/29
FY 29/30
FY 30/31
FY 31/32
Construction
291,000
-
-
-
-
-
-
TOTAL
291,000
-
-
-
-
-
-

SOURCE OF FUNDS
FY 25/26
FY 26/27
FY 27/28
FY 28/29
FY 29/30
FY 30/31
FY 31/32
A & D District 4
115,000
-
-
-
-
-
-
CDBG Programs
176,000
-
-
-
-
-
-
TOTAL
291,000
-
-
-
-
-
-

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Construction Contract 3,808,800$
Construction Administration 230,000$
75,000$
87,128$
115,000$
176,000$
Contingencies 380,880$
TOTAL ESTIMATED CONSTRUCTION COSTS 4,872,808.00$
CONSTRUCTION OF PROJECT NO. 24-6600: Bristol-Tolliver Street Urban Greening Project

COST ANALYSIS
Inspection
Testing
Basketball Court Change Order (to be performed under existing construction contract)
Remainder of Basketball Court (to be performed by others under separate Federal contract)

City Council
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5 8/19/2025

Public Works Agency
www.santa-ana.org/pw
Item # 18
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 19, 2025
TOPIC: Service Agreements for Fire Alarm & Sprinkler Systems Inspection, Repair, and Maintenance Services

AGENDA TITLE
Service Agreements for Fire Alarm and Sprinkler Systems Inspection, Repair, and Maintenance Services (General Fund & Non-General Fund)

RECOMMENDED ACTION
Approve service agreements with Viking Automatic Sprinkler Company dba Kimble Fire Protection, Bernel, Inc. dba VFS Fire & Security, HCI Systems, Inc., and Cal Building Systems, to provide as-needed fire alarm and sprinkler systems inspection, repair, and maintenance services for shared aggregate not-to-exceed total of $880,000 for the term beginning September 1, 2025 and expiring August 31, 2028, with a provision for one, two-year extension (Core Agreement No. A-2025-XXX)).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
The Public Works Agency’s Parks, Fleet, Facilities, and Refuse Division (PWA) oversees City facilities to ensure mechanical systems operate reliably and efficiently, as well as meet all applicable laws and regulations. City facilities are equipped with fire and life safety systems for the protection of life and property. The fire alarm systems, fire sprinklers, smoke detectors, fire pump, suppression system, monitoring systems, and related system devices require inspection, preventative maintenance, and repairs to ensure continuous uninterrupted operation. Service providers must possess the required licenses and experience to provide testing, inspections, repair, and maintenance in compliance with local, state, and national codes and regulations including, but not limited to, Uniform/International Fire Code Standards, California Fire Code Standards, National Electrical Code, and national Fire Protection Agency Code.

The City currently allocates an average of $76,000 annually for fire inspection and preventative maintenance activities. However, major repairs and replacements of fire protection systems have been deferred, resulting in the obsolescence of many existing systems. Over the next five years, several control and monitoring systems are expected to require complete replacement. Staff estimates that annual expenditures for these critical upgrades may reach up to $100,000.

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Fire Alarm & Sprinkler Systems Inspection, Repair, and Maintenance August 19, 2025

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Invitation for Bids (IFB) No. 25-047A was issued on March 13, 2025 on the City’s online bid management and publication system, PlanetBids. A summary of vendor participation and results is as follows:
53 Vendors notified
1 Santa Ana vendor notified
21 Vendors downloaded the bid packet
5 Responsive proposals received
0 Proposals received from Santa Ana
vendors
Proposals were solicited, opened on April 22, 2025, and evaluated. Six proposals were submitted by the IFB deadline and five were determined to be responsive to the specifications and met the City’s requirements.

Local Outreach Efforts
The Purchasing Division advertised this project on PlanetBids, which directly notified one Santa Ana vendor. Twenty-one vendors downloaded the IFB and six submitted a bid for consideration.

The bids submitted by Bernel, Inc. dba VFS Fire & Security, Cal Building Systems, HCI Systems, Inc., and Viking Automatic Sprinkler Company dba Kimble Fire Protection were determined to be the lowest, responsible, and responsive to the City’s specifications for this IFB. Bernel, Inc. dba VFS Fire & Security, Cal Building Systems, and HCI Systems, Inc. have each demonstrated proven expertise in maintaining, inspecting, and testing various fire and safety systems for the City. Their performance has consistently met or exceeded expectations, reinforcing their reliability and capability in supporting the City's safety infrastructure. With 41 years of industry experience, including experience in working with public facility safety systems, Viking Automatic Sprinkler Company dba Kimble Fire Protection demonstrates the ability to provide the same quality service. Staff recommends the approval of the recommended action for all four vendors to be on the City’s bench list of qualified vendors for a shared aggregate not-to-exceed total of $880,000 for all four agreements (Exhibits 1-4) to ensure faster response times and flexibility in addressing specialized needs or emergencies.

Staff recommends awarding these services to provide as-needed preventative maintenance, testing, inspection, and repairs to ensure the continued safety and compliance of all City facilities including City Hall, the Corporate Yard, Santa Ana Zoo, train station, and various community centers helping to protect people, property, and operations.

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

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2 8/19/2025

Fire Alarm & Sprinkler Systems Inspection, Repair, and Maintenance August 19, 2025

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FISCAL IMPACT
Funds are budgeted in the Fiscal Year 2025-26 budget under the following accounts.

Subsequent funding for the renewal options, if exercised, will be included in the proposed budgets for City Council consideration.

Fiscal Year Accounting
Unit –
Account #
(Project No.)
Fund
Description
Accounting Unit,
Account
Description
Amount
Current Budget
07317100-
62320
Building
Maintenance
Building
Maintenance,
Maintenance &
Repair Buildings &
Ground
$83,333
06717650-
62320
Regional
Transportation
Center
PWA – SARTC
Operations,
Maintenance &
Repair Buildings &
Ground
$16,667
01117651-
62320
General Fund Park Maintenance
Service
Enhancement,
Maintenance &
Repair Buildings &
Ground
$41,667
01118811-
62300 (19-
7753)
General Fund Homeless Service
– Service
Enhancement,
Contract Services
– Professional
$4,167
2025-26
(September –
June)
01113220-
62300
General Fund PRCSA – Zoo,
Contract Services-
Professional
$833
Future Budget
07317100-
62320
Building
Maintenance
Building
Maintenance,
Maintenance &
Repair Buildings &
Ground
$100,0002026-27
06717650-
62320
Regional
Transportation
Center

PWA- SARTC
Operations,
Maintenance &
$20,000

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4 5
Fiscal Year Accounting
Unit –
Account #
(Project No.)
Fund
Description
Accounting Unit,
Account
Description
Amount
Repair Buildings &
Ground
01117651-
62320
General Fund Park Maintenance,
Maintenance &
Repair Buildings &
Ground
$50,000
01118811-
62300 (19-
7753)
General Fund Homelessness
Service – Service
Enhancement,
Contract Services-
Professional
$5,000
01113220-
62300
General Fund PRCSA- Zoo,
Contract Services
– Professional
$1,000
07317100-
62320
Building
Maintenance
Building
Maintenance,
Maintenance &
Repair Building &
Ground
$100,000
06717650-
62320
Regional
Transportation
Center

PWA- SARTC
Operations,
Maintenance
&Repair Buildings
& Ground
$20,000
01117651-
62320
General Fund Park Maintenance,
Maintenance &
Repair Buildings &
Ground
$50,000
01118811-
62300 (19-
7753)
General Fund Homeless Service
– Service
Enhancement,
Contract Services-
Professional
$5,000
2027-28
01113220-
62300
General Fund PRCSA – Zoo,
Contract Services
– Professional
$1,000
2028-29
(July-
August)
07317100-
62320
Building
Maintenance
Building
Maintenance,
Maintenance &
$16,667

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4 8/19/2025

Fire Alarm & Sprinkler Systems Inspection, Repair, and Maintenance August 19, 2025

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4 5
Fiscal Year Accounting
Unit –
Account #
(Project No.)
Fund
Description
Accounting Unit,
Account
Description
Amount
Repair Building &
Ground
06717650-
62320
Regional
Transportation
Center
PWA – SARTC
Operations,
Maintenance &
Repair Buildings &
Ground
$3,333
01117651-
62320
General Fund Park Maintenance
Service
Enhancement,
Maintenance &
Repair Buildings &
Ground
$8,333
01118811-
62300
(19-7753)
General Fund Homeless
Service-Service
Enhancement,
Contract Services-
Professional
$833
01113220-
62300
General Fund PRCSA – Zoo,
Contract Services-
Professional
$167
Optional Extension
07317100-
62320
Building
Maintenance
Building
Maintenance,
Maintenance &
Repair Buildings &
Ground
$83,333
06717650-
62320
Regional
Transportation
Center
PWA – SARTC
Operations,
Maintenance &
Repair Buildings &
Ground
$16,667
2028-29
(September –
June)
01117651-
62320
General Fund Park Maintenance
Service
Enhancement,
Maintenance &
Repair Buildings &
Ground
$41,667

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5 8/19/2025

Fire Alarm & Sprinkler Systems Inspection, Repair, and Maintenance August 19, 2025

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4 5
Fiscal Year Accounting
Unit –
Account #
(Project No.)
Fund
Description
Accounting Unit,
Account
Description
Amount
01118811-
62300
(19-7753)
General Fund Homeless
Service-Service
Enhancement,
Contract Services-
Professional
$4,167
01113220-
62300
General Fund PRCSA – Zoo,
Contract Services-
Professional
$833
07317100-
62320
Building
Maintenance
Building
Maintenance,
Maintenance &
Repair Buildings &
Ground
$100,000
06717650-
62320
Regional
Transportation
Center
PWA – SARTC
Operations,
Maintenance &
Repair Buildings &
Ground
$20,000
01117651-
62320
General Fund Park Maintenance,
Maintenance &
Repair Buildings &
Ground
$50,000
01118811-
62300
(19-7753)
General Fund Homeless
Service-Service
Enhancement,
Contract Services-
Professional
$5,000
2029-30
01113220-
62300
General Fund PRCSA – Zoo,
Contract Services-
Professional
$1,000
07317100-
62320
Building
Maintenance
Building
Maintenance,
Maintenance &
Repair, Buildings
& Ground
$16,6672030-31
(July-
August)
06717650-
62320
Regional
Transportation
Center
PWA – SARTC
Operations,
Maintenance &
Repair Buildings &
Ground
$3,333

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Fire Alarm & Sprinkler Systems Inspection, Repair, and Maintenance August 19, 2025

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Fiscal Year Accounting
Unit –
Account #
(Project No.)
Fund
Description
Accounting Unit,
Account
Description
Amount
01117651-
62320
General Fund Park Maintenance,
Maintenance &
Repair Buildings &
Ground
$8,333
01118811-
62300
(19-7753)
General Fund Homeless Service
– Service
Enhancement,
Contract Services-
Professional
$833
01113220-
62300
General Fund PRCSA – Zoo,
Contract Services-
Professional
$167
Total $880,000

EXHIBIT(S)

1. Agreement with Kimble Fire Protection

2. Agreement with Bernel, Inc. dba VFS Fire & Security

3. Agreement with HCI Systems, Inc.

4. Agreement with Cal Building Systems
Submitted By: Rudy Rosas, Acting Executive Director of Public Works Approved By: Alvaro Nuñez, City Manager

City Council
18 –
7 8/19/2025

AGREEMENT WITH KIMBLE FIRE PROTECTION TO PROVIDE ON-CALL FIRE

ALARM & SPRINKLER SYSTEMS INSPECTION, REPAIR AND MAINTENANCE

SERVICES
THIS AGREEMENT is made and entered in to on the 19th day of August, 2025 by and between Viking Automatic Sprinkler Company, a Minnesota C orporation, do ing business as Kimble Fire Protection (“Consultant”), an d the City of Santa Ana, a charter city and municipal corporation organized and existin g u nder the Constitution an d laws of the State of California (“City”).

RECITALS
A. On March 13, 2025, the City issued Invitation for Bids (“IFB”) No. 25-047A, by which it sought qualified consultants to provide on-call fire alarm and sprinkler systems inspection, repair and maintenance services for the City’s Public Works Agency.

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

Consultant represents that it is able and willin g to provide the servic es described in the scope of work that was included in IFB 25-047A.

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

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

1. SCOPE OF SERVICES
On an on-call basis, and at the City’s sole discretion, Consultant shall perform the services described in the scope of work that was included in IFB 25-047A, which is attached hereto as Exhibit A and incorporated in full.

2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B.

Consultant is one of four (4) consultants selected to provide services on an on-call basis under IFB 25-047A. The total compensation for these services provided by all such consultants selected under IFB 25-047A shall not exceed the shared aggregate amount of Eight Hundred and Eighty Thousand Dollars ($880,000) during the term of the Agreement, including any extension periods.
b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures.

Payment need not be made for work which fails to meet the standards of performance (;+,%,7

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8 8/19/2025

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

3. TERM

This Agreement shall commence on September 1, 2025 and end on August 31, 2028, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for up to one (1), two-year period upon a writing executed by the City Manager and the City Attorney.

4. PREVAILING WAGES

Consultant 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 1600, 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, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, offi cers, employees and agents fr ee and harmless form any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

5. INDEPENDENT CONTRACTOR

Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant 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 Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant 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 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 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 pr ovided to Consultant by the City . City shall not be limited in

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any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

7. INSURANCE

Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant.

MINIMUM SCOPE AND LIMIT OF INSURANCE

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

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

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

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

Other Insurance Provisions

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

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

2. Consultant’s Insurance company(ies) agrees to waive all rights of subrogation against

City Council
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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 Consultant under this Agreement.

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

4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant’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. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment of premium.

6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Nadia Orozco, 20 Civic Center Plaza M-11, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate.

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

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

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

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

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

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

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

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

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

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

8. 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 negligent operations of the Consultant, 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. 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 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 Consultant’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 Consultant.

9. INTELLECTUAL PROPERTY INDEMNIFICATION

Consultant 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 Consultant to the City pursuant to this Agreement.

10. 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

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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 th e 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 Agreem ent for a period of three (3) years from the date of final payment to Consultant under this Agreement.

11. CONFIDENTIALITY

If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant 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 Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City.

12. CONFLICT OF INTEREST CLAUSE

a. Consultant 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.

b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City’s Municipal Code, whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Consultant or have any other direct or indirect financial benefit or interest in this Agreement.

c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution

d. The Consultant must comply with all conf lict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement.

The Consultant warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Consultant hereafter becomes aware of any facts that

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might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to th e City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement.

e. Consultant covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported (in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b) and (c) above.

13. NON-DISCRIMINATION

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

14. EXCLUSIVITY AND AMENDMENT

This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreem ents, 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 repres entative of Consultant. 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 Consultant 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 Consultant, Consultant 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

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This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant 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 Consultant 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 Consultant 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.

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

Consultant 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. Consultant 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 pr operly 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:

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Clerk if the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956

With courtesy copies to:

Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714-647-5635

To Consultant:

A party may change its address by giving noti ce in writing to the other party. Thereafter, any communication shall be addre ssed and transmitted to the new a ddress. 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 regist ered 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. MISCELLANEOUS PROVISIONS
a. The relevant Federal Regulations, which were included as an exhibit to IFB 25- 047A, are attached hereto as Exhibit C and incorporated herein. b. 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 attach ed hereto shall be incorporated as if fully set forth in the body of this Agreement.

Kimble Fire Protection
Attention: Steven Carrasquel
15182 Bolsa Chica Street
Huntington Beach, CA 92649

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.

ATTEST: CITY OF SANTA ANA
Jennifer Hall Alvaro Nuñez
City Clerk City Manager
APPROVED AS TO FORM:

SONIA R. CARVALHO CONSULTANT:

City Attorney
By:

Kyle Nellesen
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
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Cit Att
Todd D. Smith
Digitally signed by Todd D. Smith
DN: C=US, E=Todd.Smith @kimblfire.us,
O="Kimble Fire ", CN="Todd D. Smith "
Date: 2025.07.21 14:20:05-07'00'
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Rodolfo
Rosas
Digitally signed by
Rodolfo Rosas
Date: 2025.07.21
16:14:21 -07'00'

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EXHIBIT A

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City of Santa Ana IFB No. 25-047 Page 9 of 34

SCOPE OF WORK
II. SCOPE OF WORK
Contractor shall perform scope of work as set forth below and in accordance with ATTACHMENT A.

A. GENERAL DESCRIPTION
The City is soliciting competitive bids from qualified contractors for scheduled and as- needed Fire and Life Systems inspections, maintenance and repair for fire alarm systems, fire sprinklers, monitoring systems, related system devices, electrical and related equipment in a timely, cost-effective, and compliant manner per Attachment A. Fire alarm and sprinkler systems are located in various City-owned facilities throughout Santa Ana and are managed by the Public Works Agency (PWA) Facilities Maintenance team. The selected contractors will work directly with the Facilities Maintenance Manager or designee at City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701.

The purpose of this request is to established a City approved Fire Safety Contractor base with qualified fire system service providers for the City to utilize as needed for inspection, repair, and maintenance services of various fire alarm and sprinkler systems in City facilities. The successful contractor(s) will provide inspections, repairs, and maintenance services and will require their employees to be fire system qualified. Contractor will provide labor, supervision, materials, tools, equipment, and transportation required to inspect, maintain, and repair systems of the City’s fire alarm and sprinkler systems at various facilities as provided in Exhibit 1. The City reserves the right to add or delete facilities to the list when needed. Prompt, cost effective, and thorough service is highly necessary at these locations as continual and reliable fire systems operation is essential in the protection of life and property.

The initial contract shall be for a one (1) year period with provisions for four (4) additional one-year renewal options. All pricing shall remain firm for the initial contract period.

B. SPECIFICATIONS
The intent of these Specifications is to describe the inspection process, repairs and maintenance requirements in general terms. Any detailed specifications will be provided and based on the particular requirements of the job, at the time the job is presented. The City will consider value-engineering suggestions from Contractor and may accept alternates recommended if they provide equal or better functionality, durability, and cost effectiveness. The City in its sole discretion may require specific manufacturers and model numbers for any given job.

The following is a partial list of items or issues that may need attention:
- Alarm sensors not calibrated

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City of Santa Ana IFB No. 25-047 Page 10 of 34

SCOPE OF WORK
- Faulty detector
- Faulty wiring
- Multiple false alarms
- Inconsistent signals
- Outdated/malfunctioning equipment
Overview

1. The scope of this agreement is to provide the City of Santa Ana PWA Facilities Maintenance with the following services upon request or on an as needed basis: fire alarm system
inspection, fire sprinkler system inspection, repairs
and or maintenance services in a timely, cost-effective, compliant manner. These services must include, but are not limited to: automatic sprinkler tests, hose station inspections, fire pump testing, and fire alarm system tests, including California Fire Code Standards and other federal and state standards at the locations specified on Exhibit 1. Fire alarm and sprinkler systems are located throughout the City and are owned and operated by the City.

2. Contractor must coordinate all tests with local, regional, state and/or federal enforcement agencies, and conveyance contractor when applicable, and provide maintenance and repair services that conform to all current applicable local, state and national codes and regulations, including, but not limited to:
x Uniform/International Fire Code Standards
x California Fire Code Standards
x National Electrical Code
x California Code of Regulations, Title 19 and 24 (if applicable) x National Fire Protection Agency Code

3. The Contractor’s proposal, and its pricing, will include per hour labor, transportation to site, materials and supplies, training, taxes, permits, fees and reports to meet the specifications contained herein.

4. The City owns various types of existing fire alarms systems, some with remote sensors capable of sending and receiving alarm activity to and from annunciation and supervised systems. System types include but not limited to: Simplex, Radionlx, Silent Knight, Notifier, Pyrotronics, Redhawk and other manufacturers with California State Fire Marshal equipment listings. Equipment includes enunciator, smoke and heat detectors, manual initiating devices, flow switch, audible and visual devices, supervisory devices, automatic dialers/communicators, etc.

General Requirements

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City of Santa Ana IFB No. 25-047 Page 11 of 34

SCOPE OF WORK

1. All testing and repairs performed on City fire and safety systems; associated piping, monitoring systems, or extinguishing systems must be performed in compliance to local, state and/or federal regulations. Contractor must conduct operations in accordance to policies, rules and regulations of the local, regional, state and/or federal enforcement agencies.

2. Tests of systems or devices regulated herein must be conducted at least annually for fire alarm systems, every five (5) years for fire sprinklers, and every six (6) months for hood suppression systems, fire pump testing as required, or when an inspection
indicates that there is reason to believe that the system or device would fail to operate properly in an emergency.

3. All maintenance performed on fire alarm and sprinkler systems, associated piping, monitoring systems, or
dispensing systems must be performed in
compliance to local, state and/or federal regulations. Contractor must conduct operations in accordance to policies, rules and regulations of the regional, state and/or federal enforcement agencies.

4. City approved Fire Life Systems Contractors shall provide qualified technician(s) with the appropriate and required licenses and certifications. Please submit copies of licenses along with your labor per hour submittal.

5. Technicians assigned to work on City equipment must follow all service, repair, maintenance installation requirements of Title 19 and 24 of the California Code of Regulations, any applicable referenced NFPA Standards, and manufacturer’s
recommendations for devices.

6. PWA Facilities Maintenance requires 48-hour facility notification to schedule all testing and maintenance, unless a schedule is approved in advance. Annual testing and routine maintenance must be scheduled through the appropriate regulatory agencies.

7. PWA Facilities Maintenance Manager or designee must be notified at least three (3) working days in advance
of the performance of required tests to allow a
representative to witness the test as required. Staff will coordinate site access and provide approval to Contractor.

8. Contractor is to check in with each Facilities Maintenance Manager or designee.

9. At the conclusion of each test, the Facilities Maintenance Manager or designee shall be notified of fire-protection
equipment that was determined to be inoperative, and
what measures taken.

10. If necessary, Contractor to put system on test by notifying central station at start and completion of inspection, and advise Facilities Maintenance Manager or designee.

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City of Santa Ana IFB No. 25-047 Page 12 of 34

SCOPE OF WORK

11. Contractor is to provide digital schedule of inspections quarterly. If for any reason schedule is modified, Contractor will notify Owner of modification at least 48 hours prior to change.

12. The service order must be signed by an authorized Building Maintenance/Park Maintenance employee before contractor leaves the
work site in order to explain the
completion or suspension of work. If no point of contact is present for Building Maintenance, please call Phil Neff at (714) 719-2526 or James Riker (714) 719-0067.

If no point of contact is present for Park Maintenance, please call Jorge Acevedo at (714) 719-5199 or Eduardo Linares at (714) 647-3523.

13. When the fire-protection equipment is operative, the owner or the owner’s agent shall certify its
condition to the PWA Facilities Maintenance team in writing.

14. Contractor must provide all necessary materials for proper separation, containerization, handling, treatment, storage, transport and disposal of materials collected, including all safety and safety testing equipment.

15. Contractor must provide all other materials, not specifically described but required for any requested work performed.

16. All equipment used in the performance of the service, repair, maintenance and installation of Fire Alarm and Sprinkler Systems must be listed by the California State Fire Marshal office.

17. Contractor must protect the site and all adjacent areas from damage due to its operations and job performance. If Contractor is negligent or lacks performance, then Contractor will pay all costs associated with mitigation of any damage or loss from work done.

Inspection and Test Procedures for Automatic Sprinkler System

1. Building Maintenance and Park Maintenance staff must be notified before supervised systems are tested.

2. Inspect 100% of all Fire Sprinkler Systems every five (5) years to include, but not be limited to the following:

x Post Indicators Valve
x Water Flow Devices
x Tamper Devices
x Control Valve Devices
x Pressure Devices

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City of Santa Ana IFB No. 25-047 Page 13 of 34

SCOPE OF WORK
x Sprinkler Heads
x Piping
x Bracing

3. Test 100% of all Fire Sprinkler Systems every five (5) years to include, but not be limited to the following:
x Water Flow Devices
x Tamper Devices
x Pressure Devices
x Sprinkler Heads
x Piping
x Control Valve Devices
x Kitchen Hood Suppression Systems

4. Inlet connections shall be back-flowed from the check valve to the inlet by disassembling the check valve or blocking the check valve open so that water will back-flow out of the fire department inlet connections.

5. Fire department inlet connections and outlets shall be equipped with approved plugs or caps.

6. For wet system alarm testing only, the inspector’s test valve shall be opened to test the alarm bell response. When fully opened, the response shall occur within five minutes. When conducting such a test on a dry-pipe, pre-action or deluge system, use the alarm test line.

7. An approved test gage shall be connected at the test gage opening to test the reliability of the existing gages.

8. Control valves shall be closed and reopened to assure their ability to operate.

9. Pressures shall be observed with the main drain valve closed, and wide open for flow testing. Upon closing the main drain valve, an observation shall be made to determine how quickly pressure is restored to indicate if there are closed valves or obstructions in water supply lines.

10. Dry-pipe, pre-action and deluge systems shall be trip tested annually in accordance with nationally recognized standards.

Hose Station Inspection

1. Inlet connections shall be back-flowed so that water will back-flow out of the fire department inlet connections.

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City of Santa Ana IFB No. 25-047 Page 14 of 34

SCOPE OF WORK

2. The full length of fire hose sections shall be examined for mildew, cuts, abrasions and other deterioration. The hose shall be replaced with listed lined hose as needed. Hose couplings, gaskets and nozzle shall be checked for damage and obstructions.

Smoke Detector Inspection
Clean all smoke and/or duct detectors once a year. Follow the manufacturer’s instructions in cleaning and testing smoke and/or duct detectors. Cleaning shall involve the use of vacuuming and a chemical/wash cleaning for each detector.

Fire Alarm Testing

1. Fire alarm system testing shall be completed in accordance with the requirements of the State Fire Marshal – CCR/Title-19, NFPA, Authorities Having Jurisdiction, Local Building Codes, and Manufacturer’s recommendations, and other nationally recognized standards. The contractor is responsible for making Owner aware of any new codes or revisions to existing codes.

2. Test and inspect 100% of all fire alarm system components each calendar year to include, but not
limited to, the following:

x Fire Alarm Control Panel
x Smoke and Duct Detectors
x Smoke/Fire Dampers
x Heat Detectors
x Manual Pull Stations
x Audible Devices
x Visual Devices
x HVAC and Smoke Systems
x Battery Backup
x Annunciators
x Notification appliance devices (bells, horns, speakers, strobes, etc.) x Dialers
x Independent Power Supplies
x Tamper Switches
x Water Flow Switches
x Post Indicator Valves
x Monitor Modules
x Control Modules
x Relays
x Activation of smoke evacuation and/or stairwell pressurization fans x Firefighter phones and phone jacks
x Fire doors for proper deployment and drop rate
x Magnetic door holders and stairwell door locks for proper releasing

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City of Santa Ana IFB No. 25-047 Page 15 of 34

SCOPE OF WORK
x Electrical wiring for grounds and shorts
x Fire Pumps

3. As required, at the end of the testing, a certification for the system and tagging of the system
must be provided if no deficiencies are found.

4. A material list and labor cost estimate must be provided to PWA Facilities Maintenance Section for the repairs as a requirement for certification of the system.

5. A list of system deficiencies and estimated repair costs must be provided for all other repairs to the system.

Fire Alarm System Inspection

1. Each system inspection shall include test of circuitry for continuity, adequate insulation and of components for proper functioning condition. Contractor will complete the inspection at the referenced locations in Exhibit 1.

2. Title 19 Quarterly Automatic Fire Sprinkler Systems Inspections as needed. The scope of work performed during a
quarterly inspection is in compliance with the
State Fire Marshall’s requirements set forth in Title 19, Article 4, Section 804.

Contractor will complete these inspections at the locations listed in Exhibit 1.

3. Annual Fire Pump Inspection:

Contractor will perform the
annual flow test of the pump assembly to determine its
ability to continue to attain satisfactory performance at shutoff, rated flow, and peak loads. Annual flow tests allow for year by year comparisons of pump performance.

Contractor will complete this inspection at the following locations:
x Ross Annex
x Parking Structure 3 rd St.
x Corporate Yard
x Santa Ana PD
Quarterly Inspection and Testing of Fire Protection Systems

1. Wet Sprinkler Systems and Standpipes
x Inspect Control Valves
x Inspect all PIV, OS&Y or butterfly valves for visible exterior leaks x Verify all valves are free from exterior obstructions (maintain 36” access) x Verify all control valves have identifying signs
x Verify all control valves are secured and/or supervised in an OPEN position

2. Gauges (Wet Pipe Systems)
x Inspect for damage

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City of Santa Ana IFB No. 25-047 Page 16 of 34

SCOPE OF WORK
x Verify all valves to gauge are in open position
x Record System and supply pressure

3. Hydraulic Nameplate
x Verify hydraulic nameplate is legible and securely attached to sprinkler riser

4. Risers, Pipe, and Fittings
x Inspect that piping and fittings are not damaged, leaking, or corroded x Verify that riser is free from exterior obstructions (maintain 36” access) x Inspect that all bracing is secured and not damaged

5. Spare Sprinklers
x Verify that a stock of extra sprinkler heads and head wrench (specific to the building) in spare head boxes are present
x 300 heads = 6 spare heads
x 300 to 1000 = 12 spare heads
x 1000+ = 24 spare heads

6. Fire Department Connections
x Inspect that breakaway caps are in place, not broken or missing x Inspect that couplings and threads are not damaged and rotate smoothly x Inspect that gaskets are not missing or deteriorated
x Inspect that clapper valves moves freely and are not leaking x Inspect for visible or exterior obstructions (maintain 36” access) x Ensure that FDC connection is clearly identified. If FDC serves multiple buildings, correctly identify to include all buildings addresses

7. Pressure Reducing Valves
x Verify valve is in open position
x Inspect for leaks
x Check condition of valves and hand wheels

8. Outlet Valves, Hose Connections
x Verify that outlet caps are in place
x Inspect hose connection threads for damage and rotate smoothly x Verify that valve hand wheel is secure and not missing x Verify hose connection is free from exterior obstructions (maintain 36” access)
x Inspect for leaks

9. Outlet Valve Cabinet and Hose Storage Device
x Verify that cabinet door opens freely
x Verify that cabinet is correctly identified, label the cabinet if a fire extinguisher is inside

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City of Santa Ana IFB No. 25-047 Page 17 of 34

SCOPE OF WORK
x Ensure that cabinet is free from exterior obstructions (maintain 36” access) x Inspect cabinet glazing for damage

Annual Inspection and Testing of Fire Protection Systems Annual inspection and testing to include all Quarterly requirements.

1. Wet Sprinkler Systems and Standpipes

2. Water Flow Alarm Devices
x Verify water flow devices are free of physical damage x Testing shall be accomplished by opening the inspector’s test valve x Alarms must report to the fire panel within 90 seconds of flow x Test in accordance with the manufacturer’s instructions x Note: Water flow devices include Water Motor Gongs, Pressure Switch, and Vane type

3. Main Drain at Each Riser
x Test main drain
x Record initial static pressure
x Record residual pressure
x Record restored static pressure

4. Control Valve – Position and Operation
x Each valve shall be operated through its full range of motion x Test that all tamper switches must report to the fire panel x Verify that the signal does not restore at any valve position except the open position
x PIVs shall be opened until spring or torsion is felt on the rod, indicating that the rod has not become detached from the valve
x PIVs and OS&Ys shall be backed one-quarter turn from the fully open position to prevent jamming

5. Sprinklers
x Inspect all exposed sprinklers for paint, corrosion, and leaking x Inspect all sprinklers for flow obstructions (i.e. light fixtures, exit signs, storage – 18” from ceiling)
x Inspect all sprinklers for the proper spacing and location per NFPA 13

6. Hangers and Seismic Braces
x Inspect from floor level
x Inspect for looseness and damage
x Concealed hangers and braces do not need to be checked

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City of Santa Ana IFB No. 25-047 Page 18 of 34

SCOPE OF WORK

7. Pre-Action Valve
x The prime water level in pre-action systems shall be tested for compliance with the manufacturer’s recommendations
x Low air pressure alarms shall be tested for compliance with the manufacturer’s recommendations
x Valves shall be trip tested in accordance with the manufacturer’s recommendations

8. Pre-Action/Deluge Valves
x During the annual trip test, the interior of the valves shall be cleaned thoroughly and parts repaired or replaced as necessary

9. Hose Connections
x Flush all roof outlets

10. Hose and Nozzles
x Inspect that fire hose is not damaged or mildewed
x Inspect for current hydrostatic test dates or installation dates x Verify fire hose station is free from exterior obstructions (maintain 36” access) x Verify rack or reel rotates freely
x Verify fire hose is properly racked
x Verify fire hose nozzle is the correct type, functional, and not missing x Inspect nozzle gaskets are not missing or deteriorated Fire Mains

1. Hydrants
x Fully open and flow water until all foreign material has cleared x Maintain flow for at least one minute
x Record flow rate by use of a Pitot tube flow measurement x Exercise hydrant valves for proper operation

2. Backflow Preventer Assemblies
x Inspect DCA & DCDA to ensure the OS&Y valves are in the open position x Verify valves are locked/supervised
Fire Pumps

1. Control Valve – Position and Operation
x All valves shall be operated through their full range of motion x Lubricate all OS&Y valve stems

2. Pump Operation
x Test Pump System: Check pump shaft end play
x Test Pump System: Check accuracy of pressure gauges and sensors x Test Pump System: Check pump coupling alignment

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City of Santa Ana IFB No. 25-047 Page 19 of 34

SCOPE OF WORK
x Test pressure relief valve
x Test circulation relieve valve
x Record GPM, PSI, RPM, Volts and Amps with pump running at 65%, 100%, and 150%
x Test manual crank start
x Test on each bank of batteries separately

3. Pump Maintenance
x Lubricate pump bearings
x Lubricate coupling
x Lubricate right-angle gear drive
x Calibrate pressure switch settings
x Grease motor bearings
Maintenance Requests

1. Contractor must be equipped and licensed to perform system maintenance on fire alarm systems, monitoring systems, and related equipment.

2. All work requiring permits or agency notifications, must be handled by the Contractor, prior to the start of the job.

3. The service order must be signed by an authorized Building Maintenance/Park Maintenance employee before contractor leaves the work site in order to explain the completion or suspension of work. If no point of contact is present, please call Phil Neff at (714) 719-2526 or James Riker (714) 719-0067. If no point of contact is present for Park Maintenance, please call Jorge Acevedo at (714) 719-5199 or Eduardo Linares at (714) 647-3523.

4. All work must be authorized by Phil Neff, Facilities Maintenance Manager or a site point of contact
before services begin.

Clean-Up

1. Maintain the premises free from accumulation of waste materials or rubbish caused by the testing of the fire alarm systems. Carpeting shall be protected from damage and clean-up will be the responsibility of the Contractor.

2. The Contractor shall maintain the job in a clean and orderly fashion. Pick up and remove debris daily. If work under this Contract creates dusty, dirty or unsightly conditions in adjacent areas or occupied areas where work is being performed, the Contractor shall immediately clean up affected areas. Owner reserves the right to clean up affected areas if the Contractor fails to do so, and deduct the cost of the cleanup from the amount owed to the Contractor.

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City of Santa Ana IFB No. 25-047 Page 20 of 34

SCOPE OF WORK

3. Ceiling tiles shall be returned to the normal position and all damaged ceiling tiles shall be replaced at the conclusion of each workday.

4. At the completion of work each day, remove all surplus materials, tools, etc. and leave the premises clean to Owner’s standard of cleanliness.

Reporting/Recordkeeping

1. Location Record Book: Within three (3) months after commencement of the contract, the Contractor shall prepare a book of all the locations being serviced. Two digital copies of the book shall be prepared with separate sections for each location/facility and include by account identification. One (1) copy shall be provided to the Facilities Section and one (1) copy will be maintained at the vendor’s office or appropriate location chosen by the approved Vendor.

2. At a minimum, the following information is to be included in the Record Book:
x The location, contact person(s) name, and telephone and/or cell phone numbers;
x A list and location of all equipment (panels, pads, alarms), including manufacturer, make, and model number;
x Central Station profile information;
x Central Station notification list;
x A detailed zone description list;
x Training instructions and explanation of any non-standard system operations; and
x Free estimates for repairs and upgrades or replacements

3. Additionally, the Contractor shall update the Record Books annually or as serviced and allow the City to add/delete/update contact information.

4. Records and a complete database must be maintained by Contractor on testing and inspection
schedules, maintenance, inspection reports, findings, and action taken, and supporting documents for each fire alarm system. These records and information must be available for further review upon City of Santa Ana’s request.

5. An electronic copy of the report must be received within 24 hours of the testing completion date.

6. Contractor shall also maintain electronic inspection reports, and the entire portfolio inventory of fire & fire safety equipment.

7. Submit a copy of the PASS/FAIL test results to the Facilities Maintenance Manager, Phil Neff, within 72 hours after each test is conducted. The PASS/FAIL test results are a summary of
the overall results of each test. Submit the final test report demonstrating compliance within 14 calendar days of the date when all tests were

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City of Santa Ana IFB No. 25-047 Page 21 of 34

SCOPE OF WORK
passed. The test report must include all the required records of all tests performed, test data, the location being tested, the equipment tested, the company performing the tests, a statement whether the system or component tested meets the required standards, and the name and signature of the person responsible for conducting the tests.

8. Contractor must report all system deficiencies within 24-hours to Phil Neff, Facilities Maintenance Manager, by e-mail: [email protected] or phone (714) 719- 2526.

Performance Hours
All work must be performed Monday through Thursday between the hours 7:00 a.m. and 5:00 p.m. unless otherwise specified. The City is closed for business on alternate Fridays of every month. In addition, routine maintenance, testing and inspection work must not be scheduled on the City’s recognized holidays as follows: New Year’s Day, Martin Luther King Jr., President’s Day, Cesar Chavez Day, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve and Christmas Day.

Program Schedule

1. Contractor and Facilities Maintenance will coordinate a testing schedule, in the spirit of best management practices to advise City staff seven days in advance of work performed.

2. Contractor must strictly comply with the schedule once it has been reviewed and approved. If it is necessary to deviate from the schedule, the contractor must notify the Facilities Maintenance Manager, or a designee, a minimum of two (2) working days prior to the deviation.

3. Contractor must prepare and submit a revised schedule within five (5) working days after request.

4. The contractor must become familiar with the past testing schedule and will propose a schedule which will be subject to the review and approval of the Facilities Maintenance Manager. Any such proposal which concentrates the testing in the later period of the Contract will be
rejected.

5. Individual tests will be scheduled for any new equipment as they are added.

6. The Contractor must not interfere with the normal activities of the facility during the test procedure without approval of the Facilities Maintenance Manager. The Contractor’s Equipment and Vehicles must not restrict the Normal flow in and out of

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City of Santa Ana IFB No. 25-047 Page 22 of 34

SCOPE OF WORK
the City Facility. Parking in Santa Ana Civic Center is managed by Orange County Public Works, thus the City will not validate parking.

Other Requirements

1. During the course of this agreement, additional facilities and systems locations may be added or deleted by the City. The Contractor shall add or delete monitoring services upon receipt of notification by the City. New system monitoring shall be quoted at same price of existing systems.

2. The Contractor will work with City’s Facility/Project Manager or designee for monitoring or other requirements that are needed during and after construction so that systems are tied in and working properly.

3. Upon completing the installation of new system components, every alarm signal must be tested to the Central Station, and a report shall be provided for each panel. Any new fire alarm panel installed must be an addressable panel set up with point monitoring. Zone monitoring is not acceptable for any fire alarm system.

4. All work shall be subject to the inspection and approval of the Facility Maintenance Manager or a designated
representative at each facility, prior to acceptance and approval for payment.

5. The City requires maintenance of fire alarm and sprinkler systems that includes furnishing and delivering parts, supplies, and accessories for alerting systems and extinguishing systems as they apply. Additional miscellaneous hardware items such as pumps, plumbing, tanks, nozzles and monitoring systems may also be requested.

6. The City reserves the right to use alternate sources for completion of the work, to obtain competitive prices on any repair and to utilize information obtained under a multi-vendor contract relative to necessary materials and repairs as it deems appropriate.

7. Contractor shall be responsive to unplanned emergency or service requests of PWA Facilities Maintenance.

8. Facility Contacts: Phil Neff, Facilities Maintenance Manager, (714) 719-2526, and email [email protected]. James Riker, Supervisor, 714-719-0067, and email [email protected].

9. Park Maintenance Contacts: Jorge Acevedo, Parks Superintendent at (714) 719- 5199, and email [email protected]. Eduardo Linares, Project Specialist, (714) 647-3523, and email [email protected].

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City of Santa Ana IFB No. 25-047 Page 23 of 34

SCOPE OF WORK

10. Contractor shall furnish uniformed Technicians to service the Project and assist in creating a safe environment for the facilities and employees while servicing the buildings. Awarded contractors must complete all inspections.

Hourly Billing Rates & Compensation
Contractor will provide trained Technicians per the approved pricing outlined in this request for proposals, work performed during designated hours, as specified by the property’s designated property manager. Owner and Contractor may from time to time amend or modify via an executed blanket Purchase Order and or Addendum.

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CITY OF SANTA ANA - EXHIBIT II
IFB NO. 25-047A

FIRE ALARM & SPRINKLER SYSTEMS INSPECTION, REPAIR AND

MAINTENANCE SERVICES

FIRE PANEL LOCATION & INFORMATION LIST
LOCATION: CABRILLO TENNIS CENTER
ADDRESS: 800 Cabrillo Park Drive
MANUFACTURER: SILENT KNIGHT, MODEL #5700
LOCATION: CITY HALL
ADDRESS: 20 Civic Center Plaza (8 levels with a basement) MANUFACTURER: SIMPLEX, MODEL #4007
LOCATION: CITY HALL ROSS ANNEX
ADDRESS: 24 Civic Center Plaza (4 levels with a basement) MANUFACTURER: NOTIFIER, MODEL #APP-200
MONITORING COMPANY: PYRO-COMM ACCT. #691402
LOCATION: CITY YARD
ADDRESS: 220 Daisy Street (Yard facilities, inclusive)
MANUFACTURER: SIMPLEX, MODEL #4007
LOCATION: EL SALVADOR CENTER
ADDRESS: 1825 W. Civic Center Drive
MANUFACTURER: HONEYWELL, MODEL #MS-9200UPLS
MONITORING COMPANY: SAF SECURITY ACCT. #062603
LOCATION: JEROME CENTER
ADDRESS: 726 S. Center Street
MANUFACTURER: SILENT KNIGHT, MODEL #5808
MONITORING COMPANY: SAF SECURITY ACCT. #3072
LOCATION: LAWN BOWLING CENTER
ADDRESS: 2615 Valencia St. N
MANUFACTURER: POTTER, MODEL PFC SERIES
LOCATION: MAIN LIBRARY
ADDRESS: 26 Civic Center Plaza (2 levels with a basement) MANUFACTURER: SIMPLEX, MODEL #691851
MONITORING COMPANY: PYRO-COMM ACCT. #691851
LOCATION: NEWHOPE LIBRARY
ADDRESS: 122 N. Newhope Street
MANUFACTURER: FIRE LITE ALARMS MODEL # MS-5024
MONITORING COMPANY: PYRO-COMM ACCT. #691853

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CITY OF SANTA ANA - EXHIBIT I,
IFB NO. 25-$

FIRE ALARM & SPRINKLER SYSTEMS INSPECTION, REPAIR AND

MAINTENANCE SERVICES
LOCATION: SALGADO CENTER
ADDRESS: 706 N. Newhope Street
MANUFACTURER: NOTIFIER
LOCATION: SANTIAGO PARK NATURE CENTER
ADDRESS: 600 E. Memory Lane
MANUFACTURER: SILENT KNIGHT, MODEL #5700
LOCATION: SENIOR CITIZEN CENTER
ADDRESS: 424 W. 3rd. Street
MANUFACTURER: SIMPLEX, MODEL # 4007
MONITORING COMPANY: PYRO-COMM ACCT. #692297
LOCATION: SOUTHWEST SENIOR CENTER/CORBIN
ADDRESS: 2201 W. McFadden Avenue / 2215 W. McFadden Avenue MANUFACTURER: SIMPLEX, MODEL #4007
MONITORING COMPANY: PYRO-COMM ACCT. #2612
LOCATION: TRAIN STATION/PARKING GARAGE
ADDRESS: 1000 E. Santa Ana Boulevard
MANUFACTURER: SIMPLEX, MODEL #4100U/AFP-100
MONITORING COMPANY: PYRO-COMM ACCT. #692351/692352
LOCATION: NAVIGATION CENTER
ADDRESS: 1815 Carnegie Ave
MANUFACTURER: EDWARDS UNITED TECHNOLOGIES
MONITORING COMPANY: PYRO-COMM
LOCATION: MEMORIAL PARK AQUATIC CENTER*
ADDRESS: 2102 S Flower St
MANUFACTURER: TBD
*This location is currently under construction and is estimated to open in Spring 2027.

The City reserves the right to add or delete facilities to this facility list as needed.

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EXHIBIT B

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City of Santa Ana IFB No.

ATTACHMENT A
BIDDER’S PROPOSAL FORM
The undersigned declares that they have carefully examined the specifications, have read the accompanying instructions to bidders, and hereby propose to provide the specified items and/or services, in accordance with City needs and/or fund availability and the specifications provided herein.

Indicate unit price for each line item. Total quotation is to be firm offer for no less than ninety (90) days and will be regarded by the City as bidder's best and final offer. Quantities listed are for bid comparison only and are subject to change. The City reserves the right to increase or decrease quantities based on current needs. Pricing must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, insurance, business expenses, incidental supplies, mileage, fuel/fuel surcharges, and any other miscellaneous charges
NOTE: THIS PROJECT IS A PUBLIC WORK AND IS SUBJECT TO PREVAILING WAGES. BID ITEM QUANTITIES ARE ESTIMATED AND PROVIDED FOR THE PURPOSE OF CALCULATING COMPETITIVE BIDS. BID ITEM QUANTITIES MAY VARY FROM THE FINAL FIELD QUANTITITES AND ARE NOT GUARANTEED.

PRICING SHALL ALSO BE ENTERED IN PLANETBIDS.

ALL REQUIRED FORMS MUST BE COMPLETED AND UPLOADED WITH E-BIDS.

No. DESCRIPTION HOURLY RATE
1 Fire Alarm System Inspection, Testing and Maintenance 2 Automatic Sprinkler Inspection, Testing and Maintenance 3 Smoke Detector Inspection, Testing, and Maintenance
4 Kitchen Hood Suppression Systems Inspection, Testing, and Maintenance
5 Maintenance Requests on fire alarm systems, monitoring systems, sprinklers, hood suppression systems
6 Repair Requests on fire alarm systems, monitoring systems, sprinklers, hood suppression systems
8 Fire Pump Inspection, Testing, and Maintenance
9 Suppression System Inspection, Testing and Maintenance 10 After Hours Labor Rate
BASE BID TOTAL $_____________

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EXHIBIT C

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EXHIBIT ,

FEDERAL REGULATIONS
a. Federal Regulations – Recipient must comply with the government cost principles, uniform administrative requirements and audit requirements for federal grant program housed within Title 2, Part 200 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 180, 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 Attachments hereto. For the same time period, Recipient shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Recipient, upon request during usual working hours.
d. Reports – Recipient shall provide to City all records and information requested by City for inclusion in quarterly reports and such other reports or records as City may be required to provide to the agency from which City received grant funds or other persons or agencies. e. Section 504 of the Rehabilitation Act of 1973 (Handicapped) – All recipients of federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the participation in, be denied the benefits of or be subject to discrimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The Recipient agrees it will ensure that requirements of The Act shall be included in the agreements with and be binding on all of its contractors, subcontractors, assignees or successors.
f. Americans with Disabilities Act of 1990 – (ADA) Recipient must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. g. Political Activity – None of the funds, materials, property, or services provided directly or indirectly under this agreement shall be used for any partisan political activity, or to 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

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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 funds, the Recipient will forward a copy of the findings to CITY which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. If applicable, recipient will comply with the equal opportunity clause in 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375.
j. Equal Employment Opportunity – Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Executive Order 11246 of September 24, 1965, entitled “Equal 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.
k. Public Contracts Code – Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the California Public Contract Code Section 10295.3, as applicable.
l. 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 Department of Labor regulations (29 CFR Part 3), as applicable.
m. Davis-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 Department 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 Part 5), as applicable.
o. Clean Air Act – Recipient will comply, and all its contractors (or subrecipients) will comply, with all applicable standards, orders or requirements issued under the Clean Air

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Act (42 U.S.C. 7401-7671q), and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387), as applicable.
p. Energy and Conservation – Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Energy Policy and Conservation Act (42 U.S.C. 6201), as applicable.
q. Waste Disposal – Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as applicable. r. Patent Rights – Recipient agrees that the Department of Homeland Security shall have the authority to seek patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement based on the requirements of 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 government, SAA and/or City purpose:
(1) the copyright in any work developed through this Agreement; and (2) any rights of copyright to which the subcontractor purchases ownership with 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:
(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin.

Such action shall include, but not be limited to the following:

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

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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 an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and 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 further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance.
u. Prohibition on 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

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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.

As described in Public Law 115-232, section 889, covered telecommunications equipment:
(1) 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 government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (3) Telecommunications or video surveillance services produced by such entities or using such equipment.
(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the 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 terms and conditions of this Agreement and their respective Subcontractor Agreement. (1) Recovered Materials
Recipient shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or at a reasonable price.

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

The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.
(2) Domestic Preference for Procurements
Recipient should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States.

This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products.

For purposes of this clause:

Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

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

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AGREEMENT WITH VFS FIRE & SECURITY SERVICES TO PROVIDE ON-CALL

FIRE ALARM & SPRINKLER SYSTEMS INSPECTION, REPAIR AND

MAINTENANCE SERVICES
THIS AGREEMENT is made and entered into on the 19th day of August, 2025 by and between Bernel, Inc., a Delaware Corporatio n, doing business as VFS Fire & Secu rity (“Consultant”), and the C ity of Santa Ana, a charter city and municipal corporation org anized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. On March 13, 2025, the City issued Invitation for Bids (“IFB”) No. 25-047A, by which it sought qualified consultants to provide on-call fire alarm and sprinkler systems inspection, repair and maintenance services for the City’s Public Works Agency.

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

Consultant represents that it is able and willin g to provide the servic es described in the scope of work that was included in IFB 25-047A.

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

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

1. SCOPE OF SERVICES
On an on-call basis, and at the City’s sole discretion, Consultant shall perform the services described in the scope of work that was included in IFB 25-047A, which is attached hereto as Exhibit A and incorporated in full.

2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B.

Consultant is one of four (4) consultants selected to provide services on an on-call basis under IFB 25-047A. The total compensation for these services provided by all such consultants selected under IFB 25-047A shall not exceed the shared aggregate amount of Eight Hundred and Eighty Thousand Dollars ($880,000) during the term of the Agreement, including any extension periods.
b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures.

Payment need not be made for work which fails to meet the standards of performance (;+,%,7

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

3. TERM
This Agreement shall commence on September 1, 2025 and end on August 31, 2028, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for up to one (1), two-year period upon a writing executed by the City Manager and the City Attorney.

4. PREVAILING WAGES
Consultant 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 1600, 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, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, offi cers, employees and agents fr ee and harmless form any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

5. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant 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 Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant 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 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 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 pr ovided to Consultant by the City . City shall not be limited in

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any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

7. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant.

MINIMUM SCOPE AND LIMIT OF INSURANCE

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

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

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

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

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

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

2. Consultant’s Insurance company(ies) agrees to waive all rights of subrogation against

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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 Consultant under this Agreement.

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

4. A severability of interest provision must a pply for all the additional insureds, ensuring that Consultant’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. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment of premium.

6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Nadia Orozco, 20 Civic Center Plaza M-11, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate.

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

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

Verification of Coverage
Consultant shall furnish City with original Ce rtificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant’s obligation to provide them.

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

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

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

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

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

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

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

8. 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 negligent operations of the Consultant, 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. 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 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 Consultant’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 Consultant.

9. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant 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 Consultant to the City pursuant to this Agreement.

10. 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

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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 Agreem ent for a period of three (3) years from the date of final payment to Consultant under this Agreement.

11. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant 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 Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City.

12. CONFLICT OF INTEREST CLAUSE
a. Consultant 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.
b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City’s Municipal Code, whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Consultant or have any other direct or indirect financial benefit or interest in this Agreement. c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution
d. The Consultant must comply with all c onflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement.

The Consultant warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Consultant hereafter becomes aware of any facts that

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might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to th e City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement.
e. Consultant covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported (in whole or in part) by City funds stemming from the Agreemen t where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b) and (c) above.

13. NON-DISCRIMINATION
Consultant 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. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.

14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreem ents, 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 repres entative of Consultant. 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 Consultant 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 Consultant, Consultant 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

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This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant 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 Consultant 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 Consultant 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.

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
Consultant 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. Consultant 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 pr operly 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:

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

Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714-647-5635
To Consultant:

A party may change its address by giving noti ce in writing to the other party. Thereafter, any communication shall be addre ssed and transmitted to the new a ddress. 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. MISCELLANEOUS PROVISIONS
a. The relevant Federal Regulations, which were included as an exhibit to IFB 25- 047A, are attached hereto as Exhibit C and incorporated herein. b. 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.

VFS Fire & Security Services
Attention: Angela Kinsman
501 W. Southern Avenue
Orange, CA 92865

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.

ATTEST: CITY OF SANTA ANA
Jennifer Hall Alvaro Nuñez
City Clerk City Manager
APPROVED AS TO FORM:

SONIA R. CARVALHO CONSULTANT:

City Attorney
By:

Kyle Nellesen
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
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Mario Lopez
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Date: 2025.07.21 10:30:04
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Digitally signed by
Rodolfo Rosas
Date: 2025.07.21
16:16:51 -07'00'

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EXHIBIT A

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City of Santa Ana IFB No. 25-047 Page 9 of 34

SCOPE OF WORK
II. SCOPE OF WORK
Contractor shall perform scope of work as set forth below and in accordance with ATTACHMENT A.

A. GENERAL DESCRIPTION
The City is soliciting competitive bids from qualified contractors for scheduled and as- needed Fire and Life Systems inspections, maintenance and repair for fire alarm systems, fire sprinklers, monitoring systems, related system devices, electrical and related equipment in a timely, cost-effective, and compliant manner per Attachment A. Fire alarm and sprinkler systems are located in various City-owned facilities throughout Santa Ana and are managed by the Public Works Agency (PWA) Facilities Maintenance team. The selected contractors will work directly with the Facilities Maintenance Manager or designee at City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701.

The purpose of this request is to established a City approved Fire Safety Contractor base with qualified fire system service providers for the City to utilize as needed for inspection, repair, and maintenance services of various fire alarm and sprinkler systems in City facilities. The successful contractor(s) will provide inspections, repairs, and maintenance services and will require their employees to be fire system qualified. Contractor will provide labor, supervision, materials, tools, equipment, and transportation required to inspect, maintain, and repair systems of the City’s fire alarm and sprinkler systems at various facilities as provided in Exhibit 1. The City reserves the right to add or delete facilities to the list when needed. Prompt, cost effective, and thorough service is highly necessary at these locations as continual and reliable fire systems operation is essential in the protection of life and property.

The initial contract shall be for a one (1) year period with provisions for four (4) additional one-year renewal options. All pricing shall remain firm for the initial contract period.

B. SPECIFICATIONS
The intent of these Specifications is to describe the inspection process, repairs and maintenance requirements in general terms. Any detailed specifications will be provided and based on the particular requirements of the job, at the time the job is presented. The City will consider value-engineering suggestions from Contractor and may accept alternates recommended if they provide equal or better functionality, durability, and cost effectiveness. The City in its sole discretion may require specific manufacturers and model numbers for any given job.

The following is a partial list of items or issues that may need attention:
- Alarm sensors not calibrated

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City of Santa Ana IFB No. 25-047 Page 10 of 34

SCOPE OF WORK
- Faulty detector
- Faulty wiring
- Multiple false alarms
- Inconsistent signals
- Outdated/malfunctioning equipment
Overview

1. The scope of this agreement is to provide the City of Santa Ana PWA Facilities Maintenance with the following services upon request or on an as needed basis: fire alarm system
inspection, fire sprinkler system inspection, repairs
and or maintenance services in a timely, cost-effective, compliant manner. These services must include, but are not limited to: automatic sprinkler tests, hose station inspections, fire pump testing, and fire alarm system tests, including California Fire Code Standards and other federal and state standards at the locations specified on Exhibit 1. Fire alarm and sprinkler systems are located throughout the City and are owned and operated by the City.

2. Contractor must coordinate all tests with local, regional, state and/or federal enforcement agencies, and conveyance contractor when applicable, and provide maintenance and repair services that conform to all current applicable local, state and national codes and regulations, including, but not limited to:
x Uniform/International Fire Code Standards
x California Fire Code Standards
x National Electrical Code
x California Code of Regulations, Title 19 and 24 (if applicable) x National Fire Protection Agency Code

3. The Contractor’s proposal, and its pricing, will include per hour labor, transportation to site, materials and supplies, training, taxes, permits, fees and reports to meet the specifications contained herein.

4. The City owns various types of existing fire alarms systems, some with remote sensors capable of sending and receiving alarm activity to and from annunciation and supervised systems. System types include but not limited to: Simplex, Radionlx, Silent Knight, Notifier, Pyrotronics, Redhawk and other manufacturers with California State Fire Marshal equipment listings. Equipment includes enunciator, smoke and heat detectors, manual initiating devices, flow switch, audible and visual devices, supervisory devices, automatic dialers/communicators, etc.

General Requirements

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City of Santa Ana IFB No. 25-047 Page 11 of 34

SCOPE OF WORK

1. All testing and repairs performed on City fire and safety systems; associated piping, monitoring systems, or extinguishing systems must be performed in compliance to local, state and/or federal regulations. Contractor must conduct operations in accordance to policies, rules and regulations of the local, regional, state and/or federal enforcement agencies.

2. Tests of systems or devices regulated herein must be conducted at least annually for fire alarm systems, every five (5) years for fire sprinklers, and every six (6) months for hood suppression systems, fire pump testing as required, or when an inspection
indicates that there is reason to believe that the system or device would fail to operate properly in an emergency.

3. All maintenance performed on fire alarm and sprinkler systems, associated piping, monitoring systems, or
dispensing systems must be performed in
compliance to local, state and/or federal regulations. Contractor must conduct operations in accordance to policies, rules and regulations of the regional, state and/or federal enforcement agencies.

4. City approved Fire Life Systems Contractors shall provide qualified technician(s) with the appropriate and required licenses and certifications. Please submit copies of licenses along with your labor per hour submittal.

5. Technicians assigned to work on City equipment must follow all service, repair, maintenance installation requirements of Title 19 and 24 of the California Code of Regulations, any applicable referenced NFPA Standards, and manufacturer’s
recommendations for devices.

6. PWA Facilities Maintenance requires 48-hour facility notification to schedule all testing and maintenance, unless a schedule is approved in advance. Annual testing and routine maintenance must be scheduled through the appropriate regulatory agencies.

7. PWA Facilities Maintenance Manager or designee must be notified at least three (3) working days in advance
of the performance of required tests to allow a
representative to witness the test as required. Staff will coordinate site access and provide approval to Contractor.

8. Contractor is to check in with each Facilities Maintenance Manager or designee.

9. At the conclusion of each test, the Facilities Maintenance Manager or designee shall be notified of fire-protection
equipment that was determined to be inoperative, and
what measures taken.

10. If necessary, Contractor to put system on test by notifying central station at start and completion of inspection, and advise Facilities Maintenance Manager or designee.

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City of Santa Ana IFB No. 25-047 Page 12 of 34

SCOPE OF WORK

11. Contractor is to provide digital schedule of inspections quarterly. If for any reason schedule is modified, Contractor will notify Owner of modification at least 48 hours prior to change.

12. The service order must be signed by an authorized Building Maintenance/Park Maintenance employee before contractor leaves the
work site in order to explain the
completion or suspension of work. If no point of contact is present for Building Maintenance, please call Phil Neff at (714) 719-2526 or James Riker (714) 719-0067.

If no point of contact is present for Park Maintenance, please call Jorge Acevedo at (714) 719-5199 or Eduardo Linares at (714) 647-3523.

13. When the fire-protection equipment is operative, the owner or the owner’s agent shall certify its
condition to the PWA Facilities Maintenance team in writing.

14. Contractor must provide all necessary materials for proper separation, containerization, handling, treatment, storage, transport and disposal of materials collected, including all safety and safety testing equipment.

15. Contractor must provide all other materials, not specifically described but required for any requested work performed.

16. All equipment used in the performance of the service, repair, maintenance and installation of Fire Alarm and Sprinkler Systems must be listed by the California State Fire Marshal office.

17. Contractor must protect the site and all adjacent areas from damage due to its operations and job performance. If Contractor is negligent or lacks performance, then Contractor will pay all costs associated with mitigation of any damage or loss from work done.

Inspection and Test Procedures for Automatic Sprinkler System

1. Building Maintenance and Park Maintenance staff must be notified before supervised systems are tested.

2. Inspect 100% of all Fire Sprinkler Systems every five (5) years to include, but not be limited to the following:

x Post Indicators Valve
x Water Flow Devices
x Tamper Devices
x Control Valve Devices
x Pressure Devices

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City of Santa Ana IFB No. 25-047 Page 13 of 34

SCOPE OF WORK
x Sprinkler Heads
x Piping
x Bracing

3. Test 100% of all Fire Sprinkler Systems every five (5) years to include, but not be limited to the following:
x Water Flow Devices
x Tamper Devices
x Pressure Devices
x Sprinkler Heads
x Piping
x Control Valve Devices
x Kitchen Hood Suppression Systems

4. Inlet connections shall be back-flowed from the check valve to the inlet by disassembling the check valve or blocking the check valve open so that water will back-flow out of the fire department inlet connections.

5. Fire department inlet connections and outlets shall be equipped with approved plugs or caps.

6. For wet system alarm testing only, the inspector’s test valve shall be opened to test the alarm bell response. When fully opened, the response shall occur within five minutes. When conducting such a test on a dry-pipe, pre-action or deluge system, use the alarm test line.

7. An approved test gage shall be connected at the test gage opening to test the reliability of the existing gages.

8. Control valves shall be closed and reopened to assure their ability to operate.

9. Pressures shall be observed with the main drain valve closed, and wide open for flow testing. Upon closing the main drain valve, an observation shall be made to determine how quickly pressure is restored to indicate if there are closed valves or obstructions in water supply lines.

10. Dry-pipe, pre-action and deluge systems shall be trip tested annually in accordance with nationally recognized standards.

Hose Station Inspection

1. Inlet connections shall be back-flowed so that water will back-flow out of the fire department inlet connections.

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City of Santa Ana IFB No. 25-047 Page 14 of 34

SCOPE OF WORK

2. The full length of fire hose sections shall be examined for mildew, cuts, abrasions and other deterioration. The hose shall be replaced with listed lined hose as needed. Hose couplings, gaskets and nozzle shall be checked for damage and obstructions.

Smoke Detector Inspection
Clean all smoke and/or duct detectors once a year. Follow the manufacturer’s instructions in cleaning and testing smoke and/or duct detectors. Cleaning shall involve the use of vacuuming and a chemical/wash cleaning for each detector.

Fire Alarm Testing

1. Fire alarm system testing shall be completed in accordance with the requirements of the State Fire Marshal – CCR/Title-19, NFPA, Authorities Having Jurisdiction, Local Building Codes, and Manufacturer’s recommendations, and other nationally recognized standards. The contractor is responsible for making Owner aware of any new codes or revisions to existing codes.

2. Test and inspect 100% of all fire alarm system components each calendar year to include, but not
limited to, the following:

x Fire Alarm Control Panel
x Smoke and Duct Detectors
x Smoke/Fire Dampers
x Heat Detectors
x Manual Pull Stations
x Audible Devices
x Visual Devices
x HVAC and Smoke Systems
x Battery Backup
x Annunciators
x Notification appliance devices (bells, horns, speakers, strobes, etc.) x Dialers
x Independent Power Supplies
x Tamper Switches
x Water Flow Switches
x Post Indicator Valves
x Monitor Modules
x Control Modules
x Relays
x Activation of smoke evacuation and/or stairwell pressurization fans x Firefighter phones and phone jacks
x Fire doors for proper deployment and drop rate
x Magnetic door holders and stairwell door locks for proper releasing

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x Electrical wiring for grounds and shorts
x Fire Pumps

3. As required, at the end of the testing, a certification for the system and tagging of the system
must be provided if no deficiencies are found.

4. A material list and labor cost estimate must be provided to PWA Facilities Maintenance Section for the repairs as a requirement for certification of the system.

5. A list of system deficiencies and estimated repair costs must be provided for all other repairs to the system.

Fire Alarm System Inspection

1. Each system inspection shall include test of circuitry for continuity, adequate insulation and of components for proper functioning condition. Contractor will complete the inspection at the referenced locations in Exhibit 1.

2. Title 19 Quarterly Automatic Fire Sprinkler Systems Inspections as needed. The scope of work performed during a
quarterly inspection is in compliance with the
State Fire Marshall’s requirements set forth in Title 19, Article 4, Section 804.

Contractor will complete these inspections at the locations listed in Exhibit 1.

3. Annual Fire Pump Inspection:

Contractor will perform the
annual flow test of the pump assembly to determine its
ability to continue to attain satisfactory performance at shutoff, rated flow, and peak loads. Annual flow tests allow for year by year comparisons of pump performance.

Contractor will complete this inspection at the following locations:
x Ross Annex
x Parking Structure 3 rd St.
x Corporate Yard
x Santa Ana PD
Quarterly Inspection and Testing of Fire Protection Systems

1. Wet Sprinkler Systems and Standpipes
x Inspect Control Valves
x Inspect all PIV, OS&Y or butterfly valves for visible exterior leaks x Verify all valves are free from exterior obstructions (maintain 36” access) x Verify all control valves have identifying signs
x Verify all control valves are secured and/or supervised in an OPEN position

2. Gauges (Wet Pipe Systems)
x Inspect for damage

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x Verify all valves to gauge are in open position
x Record System and supply pressure

3. Hydraulic Nameplate
x Verify hydraulic nameplate is legible and securely attached to sprinkler riser

4. Risers, Pipe, and Fittings
x Inspect that piping and fittings are not damaged, leaking, or corroded x Verify that riser is free from exterior obstructions (maintain 36” access) x Inspect that all bracing is secured and not damaged

5. Spare Sprinklers
x Verify that a stock of extra sprinkler heads and head wrench (specific to the building) in spare head boxes are present
x 300 heads = 6 spare heads
x 300 to 1000 = 12 spare heads
x 1000+ = 24 spare heads

6. Fire Department Connections
x Inspect that breakaway caps are in place, not broken or missing x Inspect that couplings and threads are not damaged and rotate smoothly x Inspect that gaskets are not missing or deteriorated
x Inspect that clapper valves moves freely and are not leaking x Inspect for visible or exterior obstructions (maintain 36” access) x Ensure that FDC connection is clearly identified. If FDC serves multiple buildings, correctly identify to include all buildings addresses

7. Pressure Reducing Valves
x Verify valve is in open position
x Inspect for leaks
x Check condition of valves and hand wheels

8. Outlet Valves, Hose Connections
x Verify that outlet caps are in place
x Inspect hose connection threads for damage and rotate smoothly x Verify that valve hand wheel is secure and not missing x Verify hose connection is free from exterior obstructions (maintain 36” access)
x Inspect for leaks

9. Outlet Valve Cabinet and Hose Storage Device
x Verify that cabinet door opens freely
x Verify that cabinet is correctly identified, label the cabinet if a fire extinguisher is inside

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x Ensure that cabinet is free from exterior obstructions (maintain 36” access) x Inspect cabinet glazing for damage

Annual Inspection and Testing of Fire Protection Systems Annual inspection and testing to include all Quarterly requirements.

1. Wet Sprinkler Systems and Standpipes

2. Water Flow Alarm Devices
x Verify water flow devices are free of physical damage x Testing shall be accomplished by opening the inspector’s test valve x Alarms must report to the fire panel within 90 seconds of flow x Test in accordance with the manufacturer’s instructions x Note: Water flow devices include Water Motor Gongs, Pressure Switch, and Vane type

3. Main Drain at Each Riser
x Test main drain
x Record initial static pressure
x Record residual pressure
x Record restored static pressure

4. Control Valve – Position and Operation
x Each valve shall be operated through its full range of motion x Test that all tamper switches must report to the fire panel x Verify that the signal does not restore at any valve position except the open position
x PIVs shall be opened until spring or torsion is felt on the rod, indicating that the rod has not become detached from the valve
x PIVs and OS&Ys shall be backed one-quarter turn from the fully open position to prevent jamming

5. Sprinklers
x Inspect all exposed sprinklers for paint, corrosion, and leaking x Inspect all sprinklers for flow obstructions (i.e. light fixtures, exit signs, storage – 18” from ceiling)
x Inspect all sprinklers for the proper spacing and location per NFPA 13

6. Hangers and Seismic Braces
x Inspect from floor level
x Inspect for looseness and damage
x Concealed hangers and braces do not need to be checked

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7. Pre-Action Valve
x The prime water level in pre-action systems shall be tested for compliance with the manufacturer’s recommendations
x Low air pressure alarms shall be tested for compliance with the manufacturer’s recommendations
x Valves shall be trip tested in accordance with the manufacturer’s recommendations

8. Pre-Action/Deluge Valves
x During the annual trip test, the interior of the valves shall be cleaned thoroughly and parts repaired or replaced as necessary

9. Hose Connections
x Flush all roof outlets

10. Hose and Nozzles
x Inspect that fire hose is not damaged or mildewed
x Inspect for current hydrostatic test dates or installation dates x Verify fire hose station is free from exterior obstructions (maintain 36” access) x Verify rack or reel rotates freely
x Verify fire hose is properly racked
x Verify fire hose nozzle is the correct type, functional, and not missing x Inspect nozzle gaskets are not missing or deteriorated Fire Mains

1. Hydrants
x Fully open and flow water until all foreign material has cleared x Maintain flow for at least one minute
x Record flow rate by use of a Pitot tube flow measurement x Exercise hydrant valves for proper operation

2. Backflow Preventer Assemblies
x Inspect DCA & DCDA to ensure the OS&Y valves are in the open position x Verify valves are locked/supervised
Fire Pumps

1. Control Valve – Position and Operation
x All valves shall be operated through their full range of motion x Lubricate all OS&Y valve stems

2. Pump Operation
x Test Pump System: Check pump shaft end play
x Test Pump System: Check accuracy of pressure gauges and sensors x Test Pump System: Check pump coupling alignment

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x Test pressure relief valve
x Test circulation relieve valve
x Record GPM, PSI, RPM, Volts and Amps with pump running at 65%, 100%, and 150%
x Test manual crank start
x Test on each bank of batteries separately

3. Pump Maintenance
x Lubricate pump bearings
x Lubricate coupling
x Lubricate right-angle gear drive
x Calibrate pressure switch settings
x Grease motor bearings
Maintenance Requests

1. Contractor must be equipped and licensed to perform system maintenance on fire alarm systems, monitoring systems, and related equipment.

2. All work requiring permits or agency notifications, must be handled by the Contractor, prior to the start of the job.

3. The service order must be signed by an authorized Building Maintenance/Park Maintenance employee before contractor leaves the work site in order to explain the completion or suspension of work. If no point of contact is present, please call Phil Neff at (714) 719-2526 or James Riker (714) 719-0067. If no point of contact is present for Park Maintenance, please call Jorge Acevedo at (714) 719-5199 or Eduardo Linares at (714) 647-3523.

4. All work must be authorized by Phil Neff, Facilities Maintenance Manager or a site point of contact
before services begin.

Clean-Up

1. Maintain the premises free from accumulation of waste materials or rubbish caused by the testing of the fire alarm systems. Carpeting shall be protected from damage and clean-up will be the responsibility of the Contractor.

2. The Contractor shall maintain the job in a clean and orderly fashion. Pick up and remove debris daily. If work under this Contract creates dusty, dirty or unsightly conditions in adjacent areas or occupied areas where work is being performed, the Contractor shall immediately clean up affected areas. Owner reserves the right to clean up affected areas if the Contractor fails to do so, and deduct the cost of the cleanup from the amount owed to the Contractor.

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3. Ceiling tiles shall be returned to the normal position and all damaged ceiling tiles shall be replaced at the conclusion of each workday.

4. At the completion of work each day, remove all surplus materials, tools, etc. and leave the premises clean to Owner’s standard of cleanliness.

Reporting/Recordkeeping

1. Location Record Book: Within three (3) months after commencement of the contract, the Contractor shall prepare a book of all the locations being serviced. Two digital copies of the book shall be prepared with separate sections for each location/facility and include by account identification. One (1) copy shall be provided to the Facilities Section and one (1) copy will be maintained at the vendor’s office or appropriate location chosen by the approved Vendor.

2. At a minimum, the following information is to be included in the Record Book:
x The location, contact person(s) name, and telephone and/or cell phone numbers;
x A list and location of all equipment (panels, pads, alarms), including manufacturer, make, and model number;
x Central Station profile information;
x Central Station notification list;
x A detailed zone description list;
x Training instructions and explanation of any non-standard system operations; and
x Free estimates for repairs and upgrades or replacements

3. Additionally, the Contractor shall update the Record Books annually or as serviced and allow the City to add/delete/update contact information.

4. Records and a complete database must be maintained by Contractor on testing and inspection
schedules, maintenance, inspection reports, findings, and action taken, and supporting documents for each fire alarm system. These records and information must be available for further review upon City of Santa Ana’s request.

5. An electronic copy of the report must be received within 24 hours of the testing completion date.

6. Contractor shall also maintain electronic inspection reports, and the entire portfolio inventory of fire & fire safety equipment.

7. Submit a copy of the PASS/FAIL test results to the Facilities Maintenance Manager, Phil Neff, within 72 hours after each test is conducted. The PASS/FAIL test results are a summary of
the overall results of each test. Submit the final test report demonstrating compliance within 14 calendar days of the date when all tests were

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passed. The test report must include all the required records of all tests performed, test data, the location being tested, the equipment tested, the company performing the tests, a statement whether the system or component tested meets the required standards, and the name and signature of the person responsible for conducting the tests.

8. Contractor must report all system deficiencies within 24-hours to Phil Neff, Facilities Maintenance Manager, by e-mail: [email protected] or phone (714) 719- 2526.

Performance Hours
All work must be performed Monday through Thursday between the hours 7:00 a.m. and 5:00 p.m. unless otherwise specified. The City is closed for business on alternate Fridays of every month. In addition, routine maintenance, testing and inspection work must not be scheduled on the City’s recognized holidays as follows: New Year’s Day, Martin Luther King Jr., President’s Day, Cesar Chavez Day, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve and Christmas Day.

Program Schedule

1. Contractor and Facilities Maintenance will coordinate a testing schedule, in the spirit of best management practices to advise City staff seven days in advance of work performed.

2. Contractor must strictly comply with the schedule once it has been reviewed and approved. If it is necessary to deviate from the schedule, the contractor must notify the Facilities Maintenance Manager, or a designee, a minimum of two (2) working days prior to the deviation.

3. Contractor must prepare and submit a revised schedule within five (5) working days after request.

4. The contractor must become familiar with the past testing schedule and will propose a schedule which will be subject to the review and approval of the Facilities Maintenance Manager. Any such proposal which concentrates the testing in the later period of the Contract will be
rejected.

5. Individual tests will be scheduled for any new equipment as they are added.

6. The Contractor must not interfere with the normal activities of the facility during the test procedure without approval of the Facilities Maintenance Manager. The Contractor’s Equipment and Vehicles must not restrict the Normal flow in and out of

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the City Facility. Parking in Santa Ana Civic Center is managed by Orange County Public Works, thus the City will not validate parking.

Other Requirements

1. During the course of this agreement, additional facilities and systems locations may be added or deleted by the City. The Contractor shall add or delete monitoring services upon receipt of notification by the City. New system monitoring shall be quoted at same price of existing systems.

2. The Contractor will work with City’s Facility/Project Manager or designee for monitoring or other requirements that are needed during and after construction so that systems are tied in and working properly.

3. Upon completing the installation of new system components, every alarm signal must be tested to the Central Station, and a report shall be provided for each panel. Any new fire alarm panel installed must be an addressable panel set up with point monitoring. Zone monitoring is not acceptable for any fire alarm system.

4. All work shall be subject to the inspection and approval of the Facility Maintenance Manager or a designated
representative at each facility, prior to acceptance and approval for payment.

5. The City requires maintenance of fire alarm and sprinkler systems that includes furnishing and delivering parts, supplies, and accessories for alerting systems and extinguishing systems as they apply. Additional miscellaneous hardware items such as pumps, plumbing, tanks, nozzles and monitoring systems may also be requested.

6. The City reserves the right to use alternate sources for completion of the work, to obtain competitive prices on any repair and to utilize information obtained under a multi-vendor contract relative to necessary materials and repairs as it deems appropriate.

7. Contractor shall be responsive to unplanned emergency or service requests of PWA Facilities Maintenance.

8. Facility Contacts: Phil Neff, Facilities Maintenance Manager, (714) 719-2526, and email [email protected]. James Riker, Supervisor, 714-719-0067, and email [email protected].

9. Park Maintenance Contacts: Jorge Acevedo, Parks Superintendent at (714) 719- 5199, and email [email protected]. Eduardo Linares, Project Specialist, (714) 647-3523, and email [email protected].

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10. Contractor shall furnish uniformed Technicians to service the Project and assist in creating a safe environment for the facilities and employees while servicing the buildings. Awarded contractors must complete all inspections.

Hourly Billing Rates & Compensation
Contractor will provide trained Technicians per the approved pricing outlined in this request for proposals, work performed during designated hours, as specified by the property’s designated property manager. Owner and Contractor may from time to time amend or modify via an executed blanket Purchase Order and or Addendum.

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CITY OF SANTA ANA - EXHIBIT II
IFB NO. 25-047A

FIRE ALARM & SPRINKLER SYSTEMS INSPECTION, REPAIR AND

MAINTENANCE SERVICES