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HomeMy WebLinkAboutTEXAS A&M ENGINEERING EXTENSION SERVICESC, A-2018-259 DEC D C 2016 25-109906 P �%) AGREEMENT TO PROVIDE t h N i?. EMERGENCY OPERATIONS CENTER TRAINING THIS AGREEMENT is made and entered into this 201 day of November, 2018 by and between Texas A&M Engineering Extension Service C TEEX" or "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"). A. On September 7, 2018, the City issued Request for Proposal No. 18-075, by which it sought a Consultant having special skill and knowledge in the field of Emergency Operations Center (EOC) training for large-scale emergency situations and disasters. B. The City, acting through the Santa Ana Police Department in its capacity as a Core City for the Anaheim/Santa Ana Urban Area under the FYI Urban Areas Security Initiative, has applied for, received and accepted as a subrecipient to the grant from the U.S. Department of Homeland Security, Federal Emergency Management Agency, through the State of California, Office of Emergency Services, to enhance security and overall preparedness to prevent, protect, mitigate, respond to, and recover from acts of terrorism, hereinafter referred to as "the Grant." C. Consultant submitted a responsive proposal on October 15, 2018, and represents that it has the necessary skills and experience to train participants from multiple agencies in planning for and responding to a terrorism or large-scale emergency incident from the Emergency Operations Center (EOC). D. 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 Work, attached hereto as Exhibit A, 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 Exhibit B. The total amount to be expended under this Agreement shall not exceed $65,064 b. In the event funding is not allocated for this project during the annual budget approval process, the City shall notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period, and contract shall terminate on the last day of current fiscal period without penalty or expense to the City. c. Payment by City shall be made within thirty (30) 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. [< 104 33 This Agreement shall commence on the date first written above and continue until March 31, 2019, with the option for the City to grant an extension to this Agreement, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. lf�til! ♦ t �Y i � t , ! 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 standardsand 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. Neither party may enter into any agreement on behalf of the other. Furthermore, neither party may make any statements on behalf of the other party or attribute statements to the other party. S. OWNERSHIP OF MATERIALS Consultant will be providing a customized FEMA course with a scenario customized specifically for the City of Santa Ana. Consultant shall grant to City a non-exclusive and perpetual license for the customizations and City -specific scenario Consultant prepares under this Agreement ("Customizations" j. Consultant represents that Consultant has the legal right to license any and all Customizations. Consultant makes no such representation 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 Customizations 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. City acknowledges that, because Consultant is an agency of the State of Texas, liability for e-, 'r4sNkPIT the tortious conduct of the agents and employees of Consultant or for injuries caused by conditions of tangible state property is provided solely by the provisions of the Texas Tort Claims Act (Texas Civil Practice and Remedies Cade, Chapters 101 and 104), and that Workers' Compensation Insurance coverage for employees of Consultant is provided by Consultant as mandated by the provisions of Chapter 502, Texas Labor Code. Consultant shall have the right, at its option, to (a) obtain liability insurance protecting Consultant and its employees and property insurance protecting Consultant's buildings and contents, to the extent authorized by Section 51.966, Texas Education Code, or other law, or (b) self -insure against any risk that may be incurred by Consultant as a result of its operations under this Agreement. %�Q1173u1►II` y ll�iii/]�1 To the extent permitted by the Constitution and the laws of the State of Texas and without waiving sovereign immunity, 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 I 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. 8, INTELLECTUAL PROPERTY INDEMNIFICATION To the extent permitted by the Constitution and the laws of the State of Texas and without waiving sovereign immunity, 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. 25-109906 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 ofall 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 Notwithstanding any provision of this Agreement to the contrary, disclosure required by an order of a court of competent jurisdiction, or an opinion of the Attorney General of Texas pursuant to a request under the Texas Public Information Act will not be considered a breach of this Agreement. 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 toany information that (a) has been disclosed in publicly available sources; (b) is, through no fault ofthe 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 underthis Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because ofrace, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 25-109905 13. EXCLUSIVITY AND AMENDMENT This Agreement and Consultant's Addendum 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 terns 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 hereo% 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 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 consultants retained by City. 15. 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 payConsultant 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 Exhibit A. 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. 25-109906 17. AUSCELLANEOUS 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. b. Exhibits A -C and the attached Addendum referenced herein, and attached hereto, shall be incorporated as if fully set forth in the body of this Agreement. 18. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to thisAgreement 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 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: Chief of Police City of Santa Ana 20 Civic Center Plaza (M-97) P.O. Box 1988 Santa Ana, California 92702 Fax: 714-245-8007 To Consultant: R. Charles Todd Associate Agency Director/CFO/Interim Agency Director Texas A&M Engineering Extension Service ("TEEX") 200 Technology Way College Station, Texas 77845-3424 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 F1.�iGI`F'Ir7:i 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. �9 e` Maria D. Huizar P// Clerk of the Council APPROVED AS TO FORM: SOMA R. CARVALHO City Attorney (� t: `�11/�klttlA►��` Bogosian Assistant City Attorney ,—DAMONMINTIN Chief of Police CITY OF SANTA ANA Raul odine2 City Manag CONSULTANT: / I / R. Charles Todd Associate Agency Director t CFO / Interim Agency Director Tew A&M rNcmiatiW MEI� TEEX Contract JI 25-1oG M Texas A&M Engineering Extension Service - TEEX E%TEN5I014 SERVICE Addendum to Customer's Contract Customer Name: City of Santa Ana ("Customer") Date: [November 20, 2018 rater Plaza. M47. P.O. Box 198$, Santa Ana CA 92702 Texas A&M Engineering Extension Service ("TEEX") and the Customer are this day entering into a contract and, for their mutual convenience, the parties are using the standard contract and/or purchase order form provided by the Customer (referred to hereafter as the "Customer's Contract Form"). This Addendum ("Addendum"), duly executed by the parties, is incorporated into the Customer's Contract Form dated [November 20, 2010 and made an integral part thereof. This Addendum and the Customer's Contract form shall be referred to hereafter collectively as the "Agreement.' The Customer's Contract Form is, with the exceptions noted herein, generally acceptable to TEEX. Nonetheless, because certain standard clauses that may appear in the Customer's Contract Form cannot be accepted by TEEX because of its status as an agency of the State of Texas and in consideration for the convenience of using provisions in the Customer's Contract Form Instead of negotiating a separate contract document, the parties agree that none of the provisions listed below, if they appear In the Customer's Contract Form, shall have any effect or be enforceable against TEEX: 1. Requiring TEEX to maintain any type of insurance either for TEEX's benefit or for the Customer's benefit. 2. Releasing or waiving the Customer or any other entity or person from its legal liability, or limiting liability, for unlawful or negligent conduct or failure to comply with any duty recognized or imposed by applicable law. 3. Requiring any total or partial compensation or payment for lost profit or liquidated damages by TEEX if the Agreement is terminated before the end of the contract term. 4. Changing the time period within which claims can be made or actions can be brought under the laws of the State of Texas. S. Binding TEEX to any arbitration provision or to the decision of any arbitration board, commission, panel or other entity. 6. Obligating TEEX to pay costs of collection or attorneys' fees. 7. Requiring TEEX to provide warranties. B. Granting the Customer a security interest in any property of TEEX or subjecting any property of TEEX to a statutory, contractual, or constitutional lien. 9. Requiring payments or assessing Interest other then in accordance with the Texas Prompt Payment Act, Chapter 2251, Texas Government Code. 10. Requiring that the Agreement be "accepted" or endorsed by the home office or by any other officer of Customer subsequent to execution by an official of TEEX before the Agreement is considered in effect. 11. Prohibiting TEEX from recovering Its lawful damages incurred as a result of a breach of the Agreement. 11 Permitting unilateral modification of the Agreement by Customer. 13. Limiting the liability of Customer or any other entity or person for property damage or personal injury. Miscellaneous Provisions: Indemnification: Customer agrees to indemnify and hold harmless TEEX from any claim, damage, BabiRty, expense or loss to the extent arising out of Vendoe's negligent or willful errors or omissions under this Agreement. Loss of Funding: Performance by TEEX under the Agreement may be dependent upon the appropriation and allotment of funds from federally -funded programs and/or by the Texas State Legislature (the "Legislature"). In the event a curtailment of federally -funded programs occurs, or In the event state appropriations are unavailable, then TEEX will issue written notice to the Customer and TEEX may terminate the Agreement without further duty or obligation hereunder. The Customer acknowledges that appropriation of funds is beyond the control of TEEX. TEEX CS -8 OGC APPROVED May 2077 Page 1 of 2 s g R :` r tars. Non -Waiver: The Customer expressly acknowledges TEEX is an agency of the State of Texas and nothing in the Agreement will be construed as a waiver or relinquishment by TEEM of its right to claim such exemptions, privileges, and immunities as may be provided by law. Conjfdeatfality: Customer acknowledges that TEEX is obligated to strictly comply with the Public information Act, Chapter 552, Texas Government Code, in responding to any request for public information pertaining to this Agreement. Representations and Warranties: If Customer is a corporation or a limited liability company, Customer warrants, represents, covenants and agrees that it is duly organized, validly existing and in good standing underthe laws of the state of its incorporation or organization and is duly authorized and in good standing to conduct business in the State of Texas, that it has all necessary power and has received all necessary approvals to execute and deliver the Agreement, and the individual executing the Agreement on behalf of Customer has been duly authorized to act for and bind Customer, Use ojPurchase Orders: To the degree that either or both of the parties hereto find it convenient to employ their standard forms of purchase order or acknowledgment of order in administering the terms of this Agreement, it or they may do so but none of the terms and conditions printed or otherwise appearing on such form shall be applicable except to the extent that it specifies information required to be furnished by either party hereunder. The terms proposed by any such form are specifically objected to and shall not be used as a basis for any contract. Force Majeure: Neither party is required to perform any term, condition, or covenant of the Agreement, if performance is prevented or delayed by a natural occurrence, a fire, an act of God, an act of terrorism, or other similar occurrence, the cause of which Is not reasonably within the control of such party and which by due diligence it is unable to prevent or overcome. Savings Clause: if a court of competent jurisdiction finds any provision of this Addendum and the Customer's Contract Form illegal, ineffective or beyond contractual authority of either party, then the offending provision will be stricken and the remainder of the agreement between the parties will remain in effect. ( TEEX CS -8 OGC APPROVED May 2047 Page 2 of 2 f ,T SCOPE OF WORK Exhibit A 25-109906 Scope of Work As a primary training partner of DHS/FEMA, TEEX offers a DHS -certified simulation - based Emergency Operations Center (EOC) training known as the MGT -346, Emergency Operations Center (EOC) Operations and Planning for All -Hazards Events course. The MGT -346 course has been vetted through a rigorous DHS course review process and meets the exact needs of the City of Santa Ana and the Anaheim/Santa Ana Urban Area (ASAUA) region. The MGT -346 course is three (3) days in length and focuses on the core functions, processes and best practices necessary to ensure effective and repeatable performance of an emergency operations center at any level. The core functions and processes are reviewed and demonstrated via facilitated discussion and a series of interrelated activities and exercises supported by a state-of-the-art computer simulation system and are coached by instructors who have extensive emergency operations and management experience. In delivering this training, TEEX will provide ASAUA regional members with the skills necessary to plan for and manage a large-scale incident by applying and implementing an all -hazards, multi -disciplinary management team approach as described in the National Incident Management System (NIMS). The course places specific emphasis on the planning, resource, and information management processes. Working as a team, the ASAUA regional members will learn from the effects of incident decisions while working in an EOC and will further develop their knowledge, skills and abilities in the operation of an EOC. This training will allow ASAUA participants to meet the course objectives identified in the RFP as well as provide them with the opportunity to gain a better understanding of the requirements, interactions, and functions necessary to effectively coordinate and support response and recovery activities and provide the continuity of government operations needed during a large-scale event. Course Topics include: • MACS Overview • Roles "or and "Within" an EOC • Common EOC Organization Models • Resource Management • Information Management • EOC Operations Management • The Planning Process • Developing and EOC Action Plan (EOC-AP) • Continuity of Operations The TEEX project team will collaborate with ASAUA stakeholders on the development of the culminating exercise scenario. The exercise scenario will Incorporate a terrorism incident and will be based on threats and hazards that could be experienced in the ASAUA region within Orange County, CA, To ensure the ASAUA participants get the most out of their training, TEEX recommends that all course participants have an intermediate level of understanding of the Incident Command System (ICS) and some experience in incident management. E MBIT B COMPENSATION Fee Proposal including hourly rates if applicable J* 1- EXHIBIT B CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR EMERGENCY OPERATIONS CENTER (EOC) OPERATIONS TRAINING COURSE PROPOSERS CERTIFICATION and PROPOSAL ITEM PRICING Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. i have examined the Scope of Services (Exhibit A) and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. 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. Proposal Item Price - Pricing shall be based on the scope of services described In Exhibit A. Cost proposal shall include all costs for delivery of an EOC operations training course for up to forty (44) participants. LINE DESCRIPTION QUANTITY UNIT UNIT QUANTITY UNIT PRICE EXTENDED TOTAL PRICE Custom scenario Development for EOC Operations forAN•rtasardsEvents cavmoRriam 1 $21,996M $21,996.04 Delivery ormr--m EOc operations and 2 planning forA*flszards Events, with custom 1 tea• ? $43,467.34 $43,067.34 developed scenario for eo participants Total Extended Cost (Add Lines 1 and 2): $65,063.34 Texas A&M Engineering Extension Service Phone: 979-458-6845 Fax: 979-458-8822 LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS 200 Technology Way College Station, Texas 77845 BUSINESS ADDRESS Acting Director, Chief Financial Officer Chariey.Todd@teex.tamu.edu 74-2270626 FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IF APPLICABLE) TH13 FORM_M175T BE GUMFI-ETED AND City of Santa Ana RFP -18-075 for EOC Training Operations Course Page 18 rt x„ r w�•t EXHIBIT C CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR EMERGENCY OPERATIONS CENTER (EOC) OPERATIONS TRAINING COURSE FEDERAL GRANT CONTRACT PROVISIONS CERTIFICATIONS a. Debarment and Suspension — Contractor will comply, and all its contractors will comply, with applicable federal suspension and debarment regulations including, but not limited to, Executive Orders 12549 and 12689, and 2 Code of Federal Regulations (CFR) §200.212 and codified in 2 CFR Part 200. b. 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 Contractor 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. c. Americans with Disabilities Act of 1990 - (ADA) Contractor must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. d. Lobbying and 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". e. Contractor will comply with all applicable lobbying prohibitions and laws, including those found in United States Code Title 31, § 1352, et seq., and agrees that none of the funds provided under this award may be expended by the Contractor 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. f. Contractor will comply, and all its contractors will comply, with all requirements of the Byrd And - Lobbying Amendment (31 U.S.C. 1352), as applicable. g. Non -Discrimination and Equal Opportunity - Contractor will comply, and all its contractors 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 Contractor makes a finding of discrimination after a due process hewing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the Contractor will forward a copy of the findings to CITY which will, in tum, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. h. Contractor will comply, and all its contractors will comply, with all requirements of the Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by City of Santa Ana RFP -18-075 for EOC Training Operations Course Page 23'VO,,l 25-109906 Executive Order 11375 of October 13, 1967, and as supplemented in Department of labor regulations (41 CFR chapter 60), as applicable. i. Contractor will comply, and all its contractors will comply, with all requirements of the California Public Contract Code Section 20295.3, as applicable. j. Contractor will comply, and all its contractors will comply, with all requirements of the Copeland "Anti -Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3), as applicable. k. Contractor will comply, and all its contractors will comply, with all requirements of the Davis -Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. 1. Contractor will comply, and all its contractors will comply, with all requirements of Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. In. Contractor will comply, and all its contractors will comply, with all applicable standards, orders or requirements issued under Section 306 of the Cican Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the Environmental Protection Agency regulations (40 CFR part 15), as applicable. n. Contractor will comply, and all its contractors will comply, with all requirements of the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871), (53 FR 8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19645, Apr. 19, 1995), as applicable. o. Contractor will comply, and all its contractors 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. P. Contractor will comply with the Federal hater Pollution Control Act (33 U.S.C. 1251-1387) as applicable. q. Contractor 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, as applicable. r. Pursuant to 2 CFR section 200.315, Contractor may copyright any work that is subject to copyright and was developed, or for which ownership was acquired, under a Federal award. The Federal awarding agency reserves a royalty -free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for Federal purposes, and to authorize others to do so. The Federal government has the right to: (1) Obtain, reproduce, publish or otherwise use the data produced under a Federal award; and (2) Authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes. Contractor will provide information pursuant to 2 CFR section 200.315(e) for response to a Freedom of Information Request when applicable. City of Santa Ana RFP -18-075 for EOC Training Operations Course MX Page 24 Fk�ilt = • r.l S, Contractor will comply with the provisions of 2 C.F.R. section 200.315 regarding the use of intangible property. t. Contractor will comply with all applicable federal statutes, codes and regulations regarding the use of federal grant funds and property acquired with this grant funds. U. If the product is defective, does not function as represented or advertised, City is entitled to either a full refund of the purchase price or replacement ofthe product for a new product at the City's election. City of Santa Ana RFP- 78-075 for EOC Training Operations Course q� r Page 25 `� s