HomeMy WebLinkAbout25D - AGMT FOR UASI GRANT PROJECTREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 19, 2020
TITLE:
APPROVE AGREEMENT WITH
SENSEMAKERS, LLC IN THE AMOUNT OF
$429,574 FOR UASI GRANT PROJECT
AND FISCAL COORDINATOR SERVICES
(NON -GENERAL FUND)
CLERK OF COUNCIL USE ONLY:
_••e•
❑ As Recommended
❑ As Amended
❑ Ordinance on 1sl Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
CONTINUED TO
/s/ Kristine Ridge FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Authorize the City Manager to execute a two-year professional services agreement, with a third
year option, with Sense Makers, LLC, for on -site project and fiscal grant management services, in
the amount of $429,574, for the period beginning June 1, 2020 and ending May 31, 2022, subject
to non -substantive changes approved by the City Manager and City Attorney.
DISCUSSION
The United States Department of Homeland Security (DHS) developed the Urban Areas Security
Initiative (UASI) federal grant program. UASI provides funds to local emergency first responders
to enhance security and overall preparedness to prevent, protect, mitigate respond to, and recover
from acts of terrorism. The grant specifically provides funding for management and administration,
anti -terror planning, organizing, equipment, training, exercises, and technical assistance. Under
the UASI funding program, the City of Santa Ana and City of Anaheim have been designated as
Urban Area Core Cities and serve as the grant recipients responsible for the management and
administration of the UASI grant funds. The Santa Ana and Anaheim Police Departments alternate
fiscal responsibility for the grant. Anaheim manages the grant during the even years, while Santa
Ana manages the grant during the odd years.
The on -site grant management services necessary for the management of the UASI Grant program
include, but are not limited to, the following: oversight of all assigned project activities; assisting
with the development of grant applications, ensuring grant finances are processed appropriately
and in compliance with established federal, state, and local statutes; and maintaining UASI sub -
recipient guidelines and policies to include new laws, rules and requirements issued by DHS and
the California Governor's Office of Emergency Services (Cal OES).
The first year of the agreement includes 2,080 hours of work at $63.45 per hour ($131,976), $7,000
for training and travel, for a total agreement amount of$138,976. The second year of the agreement
includes 2,080 hours of work at $65.48 per hour ($136,198), $7,000 for training and travel, for a
total agreement amount of $143,198. The third year, if extended, includes 2,080 hours of work at
$67.50 ($140,400), $7,000 for training and travel, for a total agreement amount of $147,400. The
25D-1
Agreement with SenseMakers, LLC
May 19, 2020
Page 2
professional services rate proposed by SenseMakers, LLC was determined to be within the range
expected for such services. The agreement was awarded as a result of a request for proposals
(RFP) process. SenseMakers was the sole company to submit a proposal. CalOES approved for
the sole source procurement for this agreement for grant years FY18 and FY19. The two-year
agreement may be extended for an additional one-year term, contingent upon grant funding being
secured and approved by the City Council.
SenseMakers, LLC has been providing these professional services since 2012 and has developed
special skills and organizational knowledge to effectively manage the homeland security grants
awarded to the City of Santa Ana. The Santa Ana Police Department's Homeland Security Division
is satisfied with the grant management services provided by SenseMakers, LLC and recommends
approval of this agreement.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal # 1 - Community Safety, Objective #3
(promote ongoing efforts to obtain grant funding for activities that will assist in preventing,
enforcing, and reducing criminal activity and traffic collisions).
FISCAL IMPACT
Funds for this agreement are available and will be appropriated in future budget years as follows:
Fiscal Year
Accounting Unit -
Account#
Accounting Unit, Account
Description
Amount
FY 2019-20
12514491 62300
FY 18 UASI Contract Services
11,581
FY 2020-21
12514491 62300
FY 18 UASI Contract Services
127,395
FY 2020-21
12514407 62300
FY 19 UASI Contract Services
11,933
FY 2021-22
12514407 62300
FY19 UASI Contract Services
131,265
FY 2021-22
12514491 62300
FY 20 UASI Contract Services
12,283
FY 2022-23
12514491 62300
FY 20 UASI Contract Services
135,117
Total
429,574
The expenditure amounts listed above are estimates based upon the Anaheim/Santa Ana UASI
projects projection for grant years FY18, FY19, and, if the agreement is extended, FY20.
Exhibit: 1. Agreement with SenseMakers LLC
25D-2
Exhibit 1
PROFESSIONAL SERVICES AGREEMENT
TO PROVIDE
GRANT PROJECT & FISCAL COORDINATOR SERVICES
THIS AGREEMENT, made and entered into this 1st day of June, 2020 by and between
SenseMakers LLC, a California corporation (hereinafter "Consultant'), and the City of Santa Ana,
a charter city and municipal corporation organized and existing under the Constitution and laws of
the State of California (hereinafter "City").
RECITALS
A. On August 13, 2019, the City issued Request for Proposal #19-082 ("RFP") seeking
qualified consultants to provide Project and Fiscal Coordinator for Grant Management
Services. These services are required as the City, acting through the Santa Ana Police
Department in its capacity as a Core City and lead agency for the Anaheim / Santa Ana
Urban Area under the Urban Areas Security Initiative ("UASF'), has appliedfor, received
and accepted a grant from the federal Department of Homeland Security, Office of
Domestic Preparedness, through the State of California, Office of Emergency Services,
to enhance countywide emergency preparedness, hereinafter referred to as "the Grant'.
B. Consultant submitted a timely proposal and Consultant represents that it has the
necessary skills and experience to provide assistance in developing grant applications,
invoicing and processing payment documents in compliance with grant policies, and
maintaining guidelines and polices required by grant providers.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall develop and provide grant management services as set forth in Exhibit
A, attached hereto and incorporated by this reference. All services required hereunder shall
conform in all respects to standards and regulations for funding by the U.S. Department of
Homeland Security, and the California Office of Emergency Services. Consultant will be
responsible for continued training to remain current on the management and reporting
obligations required of the various Homeland Security Grant funds.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services
an hourly rate of $63.45, effective June 1, 2020 through May 31, 2021 ("1st Year")
Consultant shall also be reimbursed for training and travel which requires pre-
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approval, in writing, by City. The total amount to expended during the I' Year of
this Agreement shall not exceed $138,976.
b. City agrees to pay, and Consultant agrees to accept as total payment for its services
an hourly rate of $65.48, effective June 1, 2021 through May 31, 2022 ("2°d Year").
Consultant shall also be reimbursed for training and travel which requires pre -
approval, in writing, by City. The total amount to expended during the 2°d Year of
this Agreement shall not exceed $143,198.
C. If the parties exercise the option to extend the term of the Agreement, as detailed
in Section 4 below, the City agrees to pay, and Consultant agrees to accept as total
payment for its services an hourly rate of $67.50, effective June 1, 2022 through
May 31, 2023 (the "Extension"). Consultant shall also be reimbursed for training
and travel which requires pre -approval, in writing, by City. The total amount to
expended during the Extension shall not exceed $147,400.
d. The total amount that may be expended throughout the entire term of this
Agreement shall not exceed $429,574, as detailed in Exhibit B.
e. 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 set forth in the Recitals which may reasonably be expected by City.
3. USE AND OWNERSHIP OF DOCUMENTS
It is understood by and agreed to between the parties that all written papers or materials
prepared pursuant to this Agreement, paid for with Grant funds, or composed utilizing information
provided by Santa Ana, shall be the property of Santa Ana and shall be delivered to Santa Ana
upon completion of the services hereunder.
4. TERM
This Agreement shall commence on June 1, 2020 and terminate on May 31, 2022, unless
terminated earlier pursuant to Section 13, below. The term of this agreement may extended for a
single (1) one-year period upon a writing executed by the City Manager and the City Attorney.
5. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor shall
it be construed to create an employer -employee relationship, a joint venture relationship, or to
allow the City to exercise discretion or control over the professional manner in which Consultant
performs the services which are the subject matter of this Agreement; however, the services to be
provided by Consultant shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Consultant shall pay all salaries and wages, employer's social
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security taxes, unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain
and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance naming the City, its officers, employees, agents,
volunteers and representatives as additional insured(s) and shall include, but not be
limited to protection against claims arising from bodily and personal injury,
including death resulting therefrom and damage to property, resulting from any act
or occurrence arising out of Consultant's operations in the performance of this
Agreement, including, without limitation, acts involving vehicles. The amounts of
insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property
damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the
aggregate. Such insurance shall (a) name the City, its officers, employees, agents,
and representatives as additional insured(s); (b) be primary and not contributory
with respect to insurance or self-insurance programs maintained by the City; and
(c) contain standard separation of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include
coverage for owned, hired and non -owned automobiles.
C. Worker's Compensation Insurance. In accordance with the provisions of Section
3700 of the Labor Code, Consultant, if Consultant has any employees, is required
to be insured against liability for worker's compensation or to undertake self-
insurance. Prior to commencing the performance of the work under this
Agreement, Consultant agrees to obtain and maintain any employer's liability
insurance with limits not less than $1,000,000 per accident.
d. If Consultant is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit
of not less than $1,000,000 per claim with $2,000,000 in the aggregate.
e. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
i. Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
ii. Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved by the City.
iii. Certificates and policies shall state that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty
(30) days prior written notice to the City.
iv. Where the amounts or coverage provided by the certificates of insurance
provides coverage greater than those listed by this Agreement, the amounts
provided by the certificates of insurance shall be incorporated by reference
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into the Agreement.
V. Consultant shall supply City with a fully executed additional insured
endorsement.
f. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to famish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its
time and materials expended prior to notification of termination. Consultant waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insurance by the City.
7. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, and special counsel from liability for personal injury, or just compensation, arising
out of claims for personal injury, including death, and claims for property damage, to the extent
they arise from the negligent or willful misconduct in the performance of operations or errors or
omissions of the Consultant or its contractors, subcontractors, agents, employees, or other persons
acting on their behalf which relates to the services described in section I of this Agreement.
8. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include all
nonpublic information. Confidential information includes not only written information, but also
information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any
information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the
Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant
without an obligation of confidentiality (d) is required to be disclosed by operation of law; or (e)
is independently developed by the Consultant without reference to information disclosed by the
City.
9. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under this
Agreement.
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10. 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 telefacsimile 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)
I' • C I . "
Santa Ana, CA 92702-1988
Telefacsimile (714) 647-6956
With courtesy copies to:
Santa Ana Police Department
UASI / Homeland Security Division
60 Civic Center Plaza
P.O. Box 1981 (M-97)
Santa Ana, California 92702
Attn: Roland Andrade
Email: randrade2@santa-ana.org
Telefacsimile (714) 245-8098
To Consultant: Jim Bailey
SenseMakers LLC
2401 East Katella Avenue, Suite 610
Anaheim, California 92806
Office (657) 223-8532
Email: jim@sensemakersllc.com
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 telefacsimile, communication shall be effective or deemed
to have been given twenty-four (24) hours after the time set forth on the transmission report issued
by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating
these time frames, weekends, federal, state, County or City holidays shall be excluded.
11. 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
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terms or conditions of any purchase order or other instrument that are inconsistent with, or in
addition to, that terms and conditions hereof, shall not bind or obligate Consultant nor 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 are not embodied herein.
12. 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.
13. TERNIINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In the event that grant funding is not secured, City has the right to terminate the
Agreement immediately upon exhaustion of the grant funds. Consultant shall be entitled to receive
and the City shall pay Consultant compensation for all services performed by Consultant prior to
receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Chief of Police may require Consultant to deliver
to the City all work product 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 that fails to meet the standard of performance
specified in the Recitals of this Agreement.
14. NON-DISCRINIINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, gender identity, gender expression, gender, medical conditions, genetic
information, or military and veteran status, age, national origin, ancestry, or disability, as defined
and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization,
promotion, termination or other employment related activities or any services provided under this
Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all
applicable federal, state and local laws and regulations.
15. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California. Both parties further agree that
Orange County, California, shall be the venue for any action or proceeding that may be brought or
arise out of, in connection with or by reason of this Agreement.
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16. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and
in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
17. CONSULTANT 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 Anti -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
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of the Rehabilitation Act of 1964, as amended; Subtitle A, Title Il of the Americans with
Disabilities Act (ADA) (1990); Title DX 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 hearing 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 turn, 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 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 10295.3, 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 Clean 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.
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p. Contractor will comply with the Federal Water 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.
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 local, state and federal statutes, codes
and regulations regarding the use of state or federal grant funds and property acquired with those
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 of the product for a new product
at the City's election.
18. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages
to City in the event that such authority or power is not, in fact, held by the signatory or is
withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
c. The Agreement is the final and complete agreement and any prior or contemporaneous
agreements for similar services between the parties is superseded by this Agreement. This clause
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shall not apply where the Parties are currently engaged and Consultant is providing services not
contemplated by this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and
year first above written.
ATTEST:
DAISY GOMEZ
Clerk of the Council
APPROVED AS TO FORM:
SONIAA R. CARVALHO
City Attorney
By:
TAT. O SIAN
Assistant City Attorney
RECOMMENDED FOR APPROVAL
DAVID VALENTIN
Chief of Police
#392280
CITY OF SANTA ANA, a municipal
Corporation of the State of California
KRISTINE RIDGE
City Manager
SENSEMAKERS, LLC
7� JAMES BAILEY 1v�
President and CEO
25D-12
EXHIBIT A
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• laim,pci'sdlk ram the mndpemenl and comersigM of At aSslgred protect utawtln including a not IImIIM
ra. conreacr nanaVmeni anal mileatdne manimrng enauriry canpllana with aR appubk ruler. and
Milo 1841111nl, managing budgetf, •muring pYtKmltlpn of all leglodlal pu•ae 10144Y agerKlpl, Ana ragullr
rRpai
• fYryrde I VI" Or 010,Kt adpllCafdrll, er.surlrrg amlrroriaM Iqulprnant Oat {Adtl cangen€e
• 5te;por5 the wordlnanan And irnplenr tarkw at the atnoacting procYrx such Requeu for WoWsailRM
debeap -lint and creatldn, rcxlen, and wmnwM at almimmantl
• P.articipat•s mgrant applK~ and inv meal lu5taacatlms at regional. slate and General level.
• linav do update, on walm itatln ndioa program palF/Inmatam.
• P+d ttriefing5 to tle r,aC Wading Group. uASI Ut,afing Comraltae, and t1 WG Suy.Cpnmitten.
anrd CCUC Fuwn Cenl or
• Assists a th eMfY of equ.pment llCrns into kifi udeal tnv nrtnv Sv3 - Compile neteitatp
dnumw'rwmn Iar allmhm I Nt to tact, nem In wilem
• Reewol rera,red d nrentapon 5ub ed fry stall and: bleaplarirs to Inriade project appliusL
Ehf. CODE$ approxats IInLWding b�A not Ilmllard I Sake $oarcr, YMKI• approval, Enr•njoncif Openafan
Cantor apprpyy, and AupatifWatenzaft AWMalj, auartedg report; anal vial budget
♦ Ravlew aR lyprepla<n[ trsntng r.bawaenitlrrl raaoe,,U. to nnwrc Ill dxumn+tation Etas boon
mmpleud, all reii back up hac b•en submitted. a+M eawnddures add up torrectly Cw4act sob
radpients in under to ask for c1anlKa[Ion. or request misiing do[umentanon a5 needad Enter in ab
Wttde and Irrgprna valning rp•♦pltS tact ESCei apreadsaleeE Iar reppnm(. l+aed+ng, W relmburwmenl.
p/pataas
• 11L$aaabpll W OCWC Ft~ Center
Mrnds Wanes and updatw man; ngs asas r�sred pr deernM necessary
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�I Anaheim/ Santa Ana UASP Grant CStfice
• Provide, yrogramm;es and ptcal taattu r"um f1h weakly. aaonday, and aparavfhj IOShetrlAkl Gea,n
toord autut and M41C Orectpr
FI[IaP.LIil a ..d.AW01 itfia�atkeP!M4
City Finpm' o, f.crrduras'
• 4pnn receipt of ®fan[ Mcmd nniarmalcpr C"Ohn, Appnonaladn alpp,"rrMN One lttkunnnella S0 the
Feauem [or council appcu'eA In arldef for new grant xcoum nuirlbar, creation and Wdpet adocni par
affect code.
• CampMe Lawwn entry of irwecis and KflYstes, In order to create Wdget an O,Dns M' protect, and
Vippe A010tA numbers tha IdMCay pro eEt egad tOlutbn area an as ArLwfItIF[ metnan[m
• ftdc ss purchase nrdtrs and A[ucf, supoorling dptun•anlat•us, st•th as nna•cen and panting slips, provide
AafaurtAing InhrmAlen And grAm to be 71IrW. Ereale riwmddr Wifrl OaCk". AM Wrd M Or, llnahCa
for vernhor payment.
• Procim ncDr np Inrulcm tar cpmraet a innilo s, attach puppanog doCurnenshi n, W Croatian of dlrm
pa pon" vvuc s, mvtereimhurtemenf packet, and send to Police fiscal for oays
• lan case wh rerpiem reirlMuriyarnt packns to Chadk fw mgWtad flnamzel papor"rk and Cpmplptlon
process -ubreaprrr nvpgrs, ueale nrursenie,t pxitiand send W Police Frtcai for parmenl.
• Turn fn th-nueHdy pmnlxn.s fps gran) pone naa, whet fxpname chd t, Ina fora nto Pdre 6MjI (CH
punning ganirr mordlf* bbpr "fibutan reports, a chaig approorale tlmesneets. ch,t aft use Pat
Payrdl program in pnnlaul addnwmal mformi non At rtrglwed.
• Emmplete hudifel pro ectlnu fw eAeh open tin ciort Seract, Grant, include, Approriri eosin-n, and
send cwnpl•ted Audget to hp(e Faal Far ~Inn Minn. the cdy,began kar axe nax heat year
• Haan close of grand. complete re[onol latm of uty General lodger and A grant rich regueettd
twnplehnp nemsary fcurnal rpucinr is "A an diumpincxs.
• Pmvldeanalyllcal sopportfw protect manager; graramal•eger, and paint idn`rilstralae as Aceded
CpMYiomaa Office of Fmerpencv Sef In fCp ) P'xede es.
Fot ulv AnincW comprnce with Mr grant erq InY NWIIAI dwnctrws W forth by ekes [Allfprnl• Offcq Of
r,.rnipMern, Senni,n {prw+oasly the Office of NomelarW Security] and the 3epavhhent of Homeland,
geantA Llalstr with I"Al. state am federal aQynt,ft niiehrii fahatew mallet retailed IQ the
Administration of the rlORMdM Security Grants.
• Participant m grant apPlicxt n and myemrnerl fuvtwllwns at rthwat. mate. Antl federal leegl
• a i,t aid .anole[r grant applh,can. and grnr modrrcatmn raqu•eis w the (A llfpuua Olgfa Of
Fcrrrgercy Seances workbook, conflrminp la tax +neural protect matnk travang into
r0000w rosters, appmyW protect applicators, and project descrlptibm we f~ed n the rywkpopk.
• C.44cae grant cash mauases ono adverse, useµ the workbapk, Your tainpr4d monthurne nent packets,
kerning WMlet,. egwprfmm ledger. and CRy Gilnecal Lodge, via [AWSON. Prquen City ew tcv, etladh
rorkbo al[, and send m the catdurnia ❑fke of Emergency Serotea Inf rermbursemera
• O tM kr have treri rrerm,M From vi 4aya, AM. cope le the reA regfiest gsas. Mich aserlirxnt City
imc-are, And dealer to tieawry Far deposit
• Wptk rch City Aec un[Ant to rpkutate a frenf earisrd M Cash edvances. tr;cbmg %nMlAprlsuereclpIohI
payment cunagared an adance iaeck deposit date Nequess cheek w the feneral Ov,,aameIII of hfaleh
prig Mgalfp Straight, fur all Moorm Hrred on grant achomces
Maintain an updatrd database of All f ranclat pwm of rpritm And aondi tn, penrd•c on-pte Manclal
honitor+ig of NpmiaWtd Smote, Gant wb Fnih"K,
Cenduca Cnr tie[ ad ti.egspry Rmo ysic of Gerwral Ledger.. Pm^l AM Act" Atom labor
rJt}tribumpn Ikrpf/t, and gerenue Ledge sepal
• Ibapaym sand vAicnaas ia.Am•ual prugress.rgxp (ml Irinntle Federal Grant de9what tpd
#39228v3
25D-14
uZ
�al Anaheim/ Santa Ana UASI Grant Office
tlrgnr cf vm FM,,J ....
• Attind uhan A:ea S,,--oy inifaerye W�inE Zroup and iteenig Camrmttee nsesso gs as prur4mmatec
and flnantw point of tonralt
• UpEare rM re he Urban Areas Sex n r Initiatwe $u Rrcenimt Guideleses aed Polioes, W inrheoe rses�
laws, nests, and rpgssnempnts from 0N5 Ind C01,Cts. as welt as addaed CPanl 01 vNedwea for
Project manages aM subYec-p 6
+ Update any Anaheim I Swu Ana ASI forms will h faOl new grand Wins. �ng reinborumanl rotm,
project appllcatrpns, project moddlkatlorrs monstoring forms, tra.rnng forms, amporting forties, and other:.
+ Ka+p In content rommunsinvion with parr orojKi martaprt fo •niuri appraprW+bd-at, hau, one
W,A p remnants ye bring mat and they meet grant deadlari
+ Mld oral ,vr mpr% weWn Ind Quarter/, Proyecl. Slatut Reparls xP due. ri mr,i for mmPaitenni. and
!—ward m th+apprrA^atr o serif Fa ansai
+ RrV/fdae Programmatic Ind 11" slim rapiatk Ib•weetl4, monthly. said %is irsf7 W IN IJA& Gran
Coordrnasor
KnewMdg+, lkdls, veil AulhPasi
rull r r:edrral and CAI(XS H mellind Wtumh, Grant Gsedaner and 1.11 undirsandlyd althe
Anaasnmf$ania Ana 4A4 $ub*eripiene Grant Gusiant+ Gememl knowandge of ggyimmaed
co-le.achngrpnaranwnamr prdernrne. Ahlhtr to mryge ptolett twdgets ajatrtr to fatlRtmr group rnenmgs. AEIMy
to ri S rrh lopes unfarnR,,r to three nor N areas of enper.ise and npemlce Ewdhle HomtHand Wurlry arana
releeantyI and detPWP programjyvpyea Plans andwtepde of gyanl flr n 111 reama"Itnt yepuhenlenti, Ind
abiln; to •ead Waugh the applicable Cede of twine.! yegudati . OUR teoatars, EnNna,%,h al & lw Sorg
hgservahnn rrµr.rementy, C+l UFy Strat"K Goya g Oblprr,yn, Cdi Capabetan, Prmurnynrnt end Purchasing
Pal'axs. aril Travel! Pali M bt Be Uj Arcs Sacvrta, I.I.Inia tUA$tf graph and Hemdand $ my Cram
emit, am IHsf$PI. Ablllta to Ina s ga pMJM bpdgeti. Abalry [p fKlptatp pmoup maetings A1,11mi to resiMCh WOKS
unfarmllar to them ri r l auras of eapmrlsse and eepereence (wltaat trwrelarM 5ecwrty Cram refeyaocyj and
dorebp programlprple plans. Ability to Mill,main gosh 4r~f rMIWINys with AN Stikom OaaS Nolen VW
IA9, state or datcmQe agendz ivh Bean members, fiat! and bye tomrauniry Lash StakehPheti Knewled®e
and abi to ui+ I.AWSGN E+si reiml Mlaaagirnmt System ie(twiev. P2% eayeaa %ywem Sppwam. the Nillry
Grans Repaung Teal, and MvnsimR programs well as Ward. In*. 0.olwk, Fo maPlnt, Rabisher, rd this,
WiWrad Imenmry System Knowledge of mumcrpal goy9rnment operations, Crth, fmancal aetounting ledamrlj L
procurement, bidgetary procesus and tontrMi Adva oed rolosi and written SornnaunitWps skills. Malty to
solve Wir . ns. More average Mill" acugyefl.7)
last updated gy
#39228v3
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#39228v3
25D-16
EXHIBIT B
SENSEMAKERS LLC
PRICING PROPOSAL
SENSEMAKERS LLC
For Applicant: Jeff Hiltbrand
EXHIBIT C (REVISED)
BEST AND FINAL OFFER
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
Proposal_ I have examined the Scope of Services (Exhibit Aland am familiarwilh the scope of work Io tions_
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 darifcation prior
to the submission of my pmposal_
Proposal Item Price - Pricing shall be based on the scope of services described in Exhibit A Cost proposal
shall include at I costs grant projectlfism] coordinator position. Pay rate is the proposed hourly rate for the
actual PmjectiFiscal Coordinator Bill rate is the total hourly rate charged by the oantrac for
BILL
TOTAL
ESTIMATED
LINE.
DESCRIPTION
HOURS
RATE
RATE
(BR8
TRAVEL
EXTENDED TOTAL PRICE
BR
HOURS
COSTS
Grant Project & Fiscal
138,976.00
1
Coordinatix Months l-
2,0&0
42.50
63 45
2080
$7,000
12 1aYear
Grant Project & Fiscal
143,196.00
2
Coordinator Months
2,080
43 7B
65 .4 B
2080
$7,000
13-24 2" Year
Grant Project & Fiscal
3
Coordinator Months
2,080
45.09
67. 50
2060
$7,000
147,400.00
25-36 3" Year
TOTAL EXTENDED COST (ADD LINES 1, 2 AND 3):
429.574A4
' fmml casts shall frndude aH expenses mcurred such as mrfeage, padang, lodg+ng, meals, and mcrdenW tees,
etc. Any traivel expenses mn med must be dRedper Orange CauniyPer Lkern Rates and ifemized on invoioe(s).
SenseMakers LLC 760-521-5087
LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS
2401 E. KatelIa Ave, STE 610, Anaheim, CA 92806
James E. Bailey President and CEO
PRINTED NAME OF AUTHORIZED AGENT TITLE
- jim@sensemakersllc.com
SIGNATURE OF AUTHOR IZED AGENT DATE E-utAILADDRESS
46-3319261
FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IF APPLICABLEh
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
City of Santa Ana RFP 19-082 ASA UASI Grant Management Services
#39228v3
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