AGREEMENT WITH CAL BUILDING SYSTEMS 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 Cal Building Systems, Inc., a California Corporation (“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 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 th at was among those selected by the City.
Consultant represents that it is able and willing to provide the services 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 se rvices 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 fo r 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
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 C ode 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 compensa tion 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, officers, employees and agents free 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 copyri ghts, designs, and othe r 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 subcont ractors to agree in writing that Ci ty 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.
7. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractor s to obtain and maintain insura nce 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, in cluding 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 cont ain or be endorsed to contain the following provisions:
1. City, its City Council, its officers, official s, 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 th e 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, its City Council, its officers, offi cials, 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 here in shall provide that covera ge 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 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 authoriz ed 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, cert ified 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.
Subcontractors
Contractor shall require and verify that all s ub-contractors maintain insurance meeting all the requirements stated herein, and C ontractor shall ensure that Ci ty is an additional insured on insurance required from sub-contractors.
Special Risks or Circumstances
City reserves the right to modify these requireme nts, 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 fo r property damage, which may arise from the negligent operations of the Consultant, its subcon tractors, 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 re quired 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 i ndemnify 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
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 a nd any other documents created pursuant to this Agreement during regular business hours. Consulta nt shall allow inspecti on 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.
11. CONFIDENTIALITY
If Consultant receives from the City inform ation 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 in cludes not only written information, but also information transferred orally, visually, elect ronically, or by other means. Confidential information disclosed to either party by any subsid iary 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 wi thout reference to information disclosed by the City.
12. CONFLICT OF INTEREST CLAUSE
a. Consultant covenants that it presently has no interests a nd shall not have interests, direct or indirect, which w ould 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 appoi nted 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 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 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 co mply 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 ra ce, 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 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.
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 assignme nt, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City.
16. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Cons ultant prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Ex ecutive 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 conditi on, 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 an y 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 Un ited 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 properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:
To City:
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 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 ha ve 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, co mmunication 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 fo rth 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 Regula tions, 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 resp ective 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.
Cal Building Systems, Inc.
Attention: Rebecca Morales
3900 Prospect Ave., Unit B
Yorba Linda, CA 92886
Rodolfo
Rosas
Digitally signed by
Rodolfo Rosas
Date: 2025.07.23
14:13:11 -07'00'
EXHIBIT A
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
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
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.
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
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.
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
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
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
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
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
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.
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 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 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].
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.
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
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.
EXHIBIT B
EXHIBIT C
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 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 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 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 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.
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.