HomeMy WebLinkAboutAJ PORTABLES INC.INSURANCE ON FILE
WORK MAY PROCEED
UNTIL IN URANCE EXPIRES
7-IC �a()e-L
CLERK OF COUNCIL
DATE:
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CONSULTANT AGREEMENT
CITY OF SANTA ANA
16 June
A-2020-132
THIS AGREEMENT is made and entered into on this _ day of , 2020, by and between
AJ Portables, 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 17, 2020, the Santa Ana City Council adopted Resolution No. 2020-016
proclaiming the existence of a local emergency to ensure the availability of mutual aid and
support an expedient response to the novel coronavirus ("COVID-19") pandemic.
B. In response to the COVID-19 pandemic, the City received an allocation of 22 trailers from
the State of California on April 7, 2020, which are to be utilized as an additional resource
for The Link shelter to provide isolation for those individuals who are 65 years and older,
or are medically vulnerable or symptomatic.
C. The City now desires to retain a consultant having special skill and knowledge to provide
sewage holding tanks pumping services for the COVID-19 trailers at The Link.
D. Consultant represents that Consultant is able and willing to provide such services to the
City.
E. City is the recipient of Homeless Housing, Assistance and Prevention Program ("HHAP-
COVID") funds from the State of California. In 2020, Contractor entered into Agreement
Number 20-HCFC-00019 with the State of California receiving and recognizing
$1,385,224.15 in HHAP-COVID grant funds to be used by Contractor to invest in COVID-
19 prevention and containment efforts for temporary shelters, including but not limited to
medically indicated services and supplies, such as testing and handwashing stations, and
enhancements to existing shelter facilities ("State HHAP-COVID Agreement'). A true
and correct copy of the State HHAP-COVID Agreement is attached hereto as Exhibit B
and incorporated herein by this reference.
Consultant has been made aware of the State HHAP-COVID Agreement and agrees to
comply with all the conditions of the State HHAP-COVID Agreement and the applicable
State requirements governing the use of HHAP-COVID grant funds.
G. 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:
Page 1 of 10
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 the Scope of Work attached hereto
as Exhibit A and incorporated herein 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 A. The total sum to be expended under
this Agreement shall not exceed $91,000 00 during the term of this Agreement.
b. Payment by City shall be made within forty-five (45) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment
need not be made for work which fails to meet the standards of performance set forth
in the Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above and continue through
December 31, 2020, unless terminated earlier in accordance with Section 14 below, or pursuant to
the terms of the City's resolution proclaiming a local emergency. This Agreement shall also cover
any and all services provided by the Consultant to the City prior to the Effective Date. The Term
of this Agreement may be extended by a writing executed by the City Manager and the City
Attorney.
4. STATE HHAP-COVID AGREEMENT
A. City entered into State HHAP-COVID Agreement Number 20-HCFC-00019 with
the State of California receiving and recognizing $1,385,224.15 in HHAP-COVID grant funds to
be used by City to invest in COVID-19 prevention and containment efforts for temporary shelters,
including but not limited to medically indicated services and supplies, such as testing and
handwashing stations, and enhancements to existing shelter facilities. A true and correct copy of
the State HHAP-COVID Agreement is attached hereto as Exhibit B and incorporated herein by
this reference. Consultant has been made aware of the State HHAP-COVID Agreement and agrees
to comply with all the conditions of the State HHAP-COVID Agreement and the applicable State
requirements governing the use of HHAP-COVID grant funds.
B. Pursuant to the State HHAP-COVID Agreement, Consultant is required to:
i. Perform the work in accordance with Federal, State and Local housing and
building codes, as applicable.
ii. Maintain at least the minimum State -required worker's compensation for
those employees who will perform the work or any part of it.
Page 2 of 10
iii. Maintain, as required by law, unemployment insurance, disability
insurance, and liability insurance in an amount that is reasonable to
compensate any person, firm or corporation who maybe injured or damaged
by the Consultant in performing the work or any part of it.
iv. Agree to include all the terms of the State HHAP-COVID Agreement in
each subcontract.
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
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
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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 S 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
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 furnish 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 defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, contractors, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the
negligent operations of the Consultant, its subcontractors, agents, employees, or other persons
acting on its behalf which relates to the services described in section 1 of this Agreement; and (2)
from any claim that personal injury, damages, just compensation, restitution, judicial or equitable
relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and
hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial
or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in
this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant
further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including
fees and costs for special counsel to be selected by the City, regarding any action by a third party
challenging the validity of this Agreement, or asserting that personal injury, damages, just
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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. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with respect to
the costs incurred under this Agreement and any services, expenditures, and disbursements
charged to the City for a minimum period of three (3) years, or for any longer period required by
law, from the date of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of the City to
examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all
work, data, documents, proceedings, and activities related to this Agreement for a period of three
(3) years from the date of final payment to Consultant under this Agreement.
9. 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.
10. 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.
Page 5 of 10
11. NON-DISCRIMINATION
During the performance of this HHAP-COVID Agreement, Consultant and its
subcontractors shall not deny the contract's benefits to any person on the basis of race, religious
creed, color, national origin, ancestry, physical disability, mental disability, medical condition,
genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual
orientation, or military and veteran status, nor shall they discriminate unlawfully against any
employee or applicant for employment because of race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, genetic information, marital
status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and
veteran status. Consultant shall insure that the evaluation and treatment of employees and
applicants for employment are free of such discrimination. Consultant and its subcontractors shall
comply with the provisions of the Fair Employment and Housing Act (Gov. Code section 12900,
et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, section 11000, et seq.),
the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov.
Code sections 11135-11139.5), and the regulations or standards adopted by the awarding state
agency to implement such article. Consultant shall permit access by representatives of the
Department of Fair Employment and Housing and the awarding state agency upon reasonable
notice at any time during the normal business hours, but in no case less than 24 hours' notice, to
such of its books, records, account, and all other sources of information and its facilities as said
Department or Agency shall require to ascertain compliance with this clause. Consultant and its
subcontractors shall give written notice of their obligations under this clause to labor organizations
with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2,
section 11105.)
12. 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.
13. 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.
Page 6 of 10
14. 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 Consultant prior to receipt of such notice of
termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to
deliver to the City all work product(s) completed as of such date, and in such case
such work product shall be the property of the City unless prohibited by law, and
Consultant consents to the City's use thereof for such purposes as the City deems
appropriate.
b. Payment need not be made for work which fails to meet the standard of
performance specified in the Recitals of this Agreement.
15. 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.
16. 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.
17. 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.
18. 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:
Page 7of10
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:
Community Development Agency
City of Santa Ana
20 Civic Center Plaza (M-25)
P.O. Box 1988
Santa Ana, California 92702-1988
Facsimile (714) 647-6549
To Consultant:
AJ Portables, Inc.
22431 Antonio Parkway, B160-218
Rancho Santa Margarita, CA 92688
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by fax, communication shall be effective or deemed to have
been given twenty-four (24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating these
time frames, weekends, federal, state, County or City holidays shall be excluded.
19. FEDERAL REQUIREMENTS
FEMA financial assistance will be used to fund all or a portion of this contract. The
Contractor shall comply with all federal requirements including, but not limited to, the following:
2 C.F.R. Part 200 — Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards, which is expressly incorporated herein by
reference.
Page 8 of 10
2. Federal Contract Provisions attached hereto as Exhibit C and incorporated herein
by reference.
Subcontracts, if any, shall contain a provision making them subject to all of the provisions
stipulated in the contract, including but not limited to, 2 C.F.R. Part 200 and the Federal Contract
Provisions.
With respect to any conflict between such federal requirements and the terms of this
Agreement and/or the provisions of the State HHAP-COVID Agreement and/or the provisions of
state law and except as otherwise required under federal law or regulation, the more stringent
requirement shall control.
20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of
this Agreement, and shall indemnify City fully, including reasonable costs and
attorney's fees, for any injuries or damages to City in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
(signatures on following page)
Page 9 of 10
A-2020-132
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
'A.
�UA ;
DaClerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: _
Ryan
RECOMMENDED FOR APPROVAL:
Steven A. Mendoza
Executive Director
Community Development Agency
CITY OF SANTA ANA
Kristine Ridge
City Manager
AJ PORTABLES, INC.
46-1785539
Tax ID#
Page 10 of 10
EXHIBIT A
The City has received twenty-two (22) trailers from the State of California. The trailers are located at
2320 Redhill and 1815 Carnegie, Santa Ana and are used to provide temporary isolation shelter for
individuals experiencing homelessness who are either Covid-19 symptomatic or medically vulnerable.
The trailers have a black water tank that holds waste water from the toilet and dirty water from personal
and household cleaning. The black water tanks are attached on trailers and single holding tanks on
ground. The scope of service will consist of on -site inspections, and pump out of the black water
holding tanks (holding tanks).
An on -site inspection of the holding tanks for occupied trailers will be performed four days per week
during regular business hours. The days of service each week will depend on the number of occupied
trailers and the level of usage, as determined by factors including, but not limited to, the number of
people living in the trailer and frequency of showers. The four days of service each week are to be
determined by the contractor based on the need as evidenced during the on -site inspections. There wili
be no charge for the on -site inspections. The holding tanks will be pumped on an as needed basis as
determined by the Contractor during the on -site inspections. Each holding tank will be pumped at a
cost of $40 per pump.
Service is to be provided for the holding tanks at the occupied trailers only, as determined by the City.
The City will notify Contractor of the number of occupied trailers requiring servicing, and the number of
occupants per trailer. Notification of trailer occupancy will be provided within one (1) day of occupant
move -in. Contractor will commence on -site inspection and pumping of the holding tank during their
next scheduled service or within two calendar days. The City will notify Contractor of the vacancy of a
previously occupied trailer within one (1) calendar day of occupant move -out. Contractor will perform
one final pump of the holding tank during their next scheduled service and then cease inspection of that
tank until notified of renewed occupancy.
EXHIBIT B
STATE HHAP-COVID AGREEMENT
NUMBER 20-HCFC-00019
i P -N
STATE OF CALIFORNIA- DEPARTMENT OF GENERAL SERVICES
STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER (if Appllable)
5TD 213 (Rev.e3/2019) I 20-HCFC-00019
CONTRACTING AGENCY NAME - —
Business, Consumer Services, and Housing Agency
CONTRACTORNAME
City of Santa Ana
term of Ws Agreement is:
Upon BCSH Approval
THROUGH ENO DATE
06/30/2020
3. The maximum amount of this Agreement is:
$1,385,224.15
4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement
Exhibits
Title
Pages
Exhibit
Scope of Work
I�2
Exhlbtt B.
Budget Detail and Payment Provisions
3
Exhibit C•
General Terms and Conditions
_
shown with an
asters .are oro ulnmmnmr
ems
These documeniscan be viewed athttos!Avwwdas co.goyA 159gingurces
IN WITNESS WHEREOF, THIS AGREEMENTHASBEEN EXECUTED BY THE PARTIES HERETO,
CONTRACTOR
CONTRACrOR NAME (if other than an Individual, state whether a corporation, partnership, etc)
City of Santa Ana
CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP
20 CIVIC Center Plaza Santa Ana CA 92701
PRINTED NAME OF PERSON SIGNING mr c
CONTRACTOR AUTHORIZED SIGNATURE DATESIGNED
�r\'— 1 3 f 24�zo2.0
CONTRACTING AGENCY NAME _
Business, Consumer Services, and Housing Agency
CONTRACTING AGENCY ADDRESS
CITY
STATE
ZIP
915 Capitol Mali, Suite 350A
Sacramento
CA
95814
PRINTED NAME OF PERSON SIGNING
TITLE
Lourdes Castro Ramirez
Secretary
CONTnACIINGAG CYA OPI IG TU
DATE SIGNED
V'fo
CALIFORNIA DEPAR I MEN I OF GENERAL 5ERVICES APPROVAL
EXEMPTION(IfApplicabte)
Paqe 1 of 1
Page 1 of 7
City of Santa Ana
20-HCFC-00019
Standard Agreement
EXHIBIT A
AUTHORITY, PURPOSE, AND SCOPE OF WORK
1. Authority
Pursuant to the provisions of Section 36.00, Chapter 2, Statutes of 2020, and the
augmentation to Budget Act of 2019 Item 0515-101-0001 described in the March 18,
2020 letter from the Department of Finance to the Joint Legislative Budget Committee,
the Homeless Coordinating and Financing Council ('HCFC"), which exists within the
Business, Consumer Services and Housing Agency ("BCSH" or "Agency"), shall
allocate a total of $100,000,000.00 to Continuums of Care, Large Cities (population of
300,000+) and Counties, divided proportionally based on the allocations they are
eligible to receive through the Homeless Housing, Assistance, and Prevention
program ("HHAP"). This Agreement is entered into under the authority of, and in
furtherance of the purposes of, the Budget Act of 2019.
2. Purpose
The purpose of this grant funding is to provide support to Continuums of Care, Large
Cities, and Counties to protect the health and safety of homeless populations and
reduce the spread of the COVID-19 outbreak. In accordance with the authority cited
above, the HCFC shall distribute $1,385,224.15 to the City of Santa Ana.
3. Scope of Work
The City of Santa Ana shall use $1,385,224.15 to invest in COVID-19 prevention and
containment efforts for temporary shelters, including, but not limited to, medically -
indicated services and supplies, such as testing and handwashing stations, and
enhancements to existing shelter facilities. The intent of these investments is to allow
for proper social distancing and isolation to reduce the spread of COVID-19 among
the homeless population.
4. Monitorina
City of Santa Ana shall maintain books, records, documents, and other evidence that
demonstrates the funding was used for the appropriate purposes, as laid out in the
Scope of Work. These books, records, documents, and other evidence shall be made
available for audit and inspection by the HCFC and Agency for a period of three years.
A. Annual Report Deadlines
The City of Santa Ana shall submit an expenditure report to Agency on a form and
method provided by Agency, by July 1, 2020 and January 1, 2021. If the City of
Santa Ana fails to provide such documentation, Agency may disencumber any
portion of the amount authorized by this Agreement with a 14-day written
notification.
Initials..
Page 2 of 7
City of Santa Ana
20-HCFC-00019
B. Reporting Requirements
The expenditure report shall contain detailed information including the following:
1. An ongoing tracking of the specific uses and expenditures of any program
funds broken out by uses listed below, including the current status of those
funds:
a, Diversion
b. Prevention
c. Shelter
d. Services and infection control
e. Other
2, Any additional information that Agency requests.
In addition to the reports, Agency may require supplemental reporting with written
notice to the City of Santa Ana.
5. Expenditure Deadline
Pursuant to Assembly Bill 74, Statutes of 2019, Chapter 23 (Budget Act of 2019)
SEC. 1.80, funds shall be encumbered by June 30, 2020.
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City of Santa Ana
20-HCFC-00019
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
1. Agreement Amount
The total amount of this Agreement shall not exceed $1,385,224.15.
2. General Conditions for Disbursement
General Requirements — All grantees must submit the following forms prior to funds
being released:
A. Request for Funds Form (RFF),
B. Signed and dated PDF of the STD. 213
3. SB-89 Budget.Act of 2019
SEC. 36.00. Notwithstanding any other law, $500,000,000 is hereby appropriated from
the General Fund to any item for any purpose related to the March 4, 2020
proclamation of a state of emergency upon order of the Director of Finance. Funds
appropriated in this section may not be expended prior to 72 hours after the Director
of Finance notifies the Joint Legislative Budget Committee in writing of the purposes
of the planned expenditure. The chairperson of the Joint Legislative Budget
Committee or the chairperson's designee may shorten the 72-hour period by written
notification. The amount of the appropriation in this section may be increased in
increments of $50,000,000 no sooner than 72 hours after the Director of Finance
notifies the Joint Legislative Budget Committee of the need for the increase. The
chairperson of the Joint Legislative Budget Committee or the chairperson's designee
may shorten the 72-hour period by written notification, The total appropriation under
this section shall not exceed $1,000,000,000.
InitialsL)
Page 4 of 7
City of Santa Ana
20-HCFC-00019
EXHIBIT C
GENERAL TERMS AND CONDITIONS
APPROVAL: This Agreement is of no force or effect until signed by both parties and
approved by the Department of General Services, if required. Contractor may not
commence performance until such approval has been obtained.
1. AMENDMENT: No amendment or variation of the terms of this Agreement shall
be valid unless made in writing, signed by the parties and approved as required.
No oral understanding or Agreement not incorporated in the Agreement is
binding on any of the parties.
2. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in
whole or in part, without the consent of the State in the form of a formal written
amendment.
3. AUDIT: Contractor agrees that the awarding department, the Department of
General Services, the Bureau of State Audits, or their designated representative
shall have the right to review and to copy any records and supporting
documentation pertaining to the performance of this Agreement. Contractor
agrees to maintain such records for possible audit for a minimum of three (3)
years after final payment, unless a longer period of records retention is
stipulated. Contractor agrees to allow the auditor(s) access to such records
during normal business hours and to allow interviews of any employees who
might reasonably have information related to such records. Further, Contractor
agrees to include a similar right of the State to audit records and interview staff in
any subcontract related to performance of this Agreement. (Gov. Code §8546.7,
Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).
4. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless
the State, its officers, agents and employees from any and all claims and losses
accruing or resulting to any and all contractors, subcontractors, suppliers,
laborers, and any other person, firm or corporation fumishing or supplying work
services, materials, or supplies in connection with the performance of this
Agreement, and from any and all claims and losses accruing or resulting to any
person, firm or corporation who may be injured or damaged by Contractor in the
performance of this Agreement.
s. DISPUTES: Contractor shall continue with the responsibilities under this
Agreement during any dispute.
6. TERMINATION FOR CAUSE: The State may terminate this Agreement and be
relieved of any payments should the Contractor fail to perform the requirements
of this Agreement at the time and in the manner herein provided. In the event of
such termination the State may proceed with the work in any manner deemed
proper by the State. All costs to the State shall be deducted from any sum due
the Contractor under this Agreement and the balance, if any, shall be paid to the
Contractor upon demand.
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7. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of
Contractor, In the performance of this Agreement, shall act in an independent
capacity and not as officers or employees or agents of the State.
S. RECYCLING CERTIFICATION: The Contractor shall certify in writing under
penalty of perjury, the minimum, if not exact, percentage of post -consumer
material as defined in the Public Contract Code Section 12200, in products,
materials, goods, or supplies offered or sold to the State regardless of whether
the product meets the requirements of Public Contract Code Section 12209. With
respect to printer or duplication cartridges that comply with the requirements of
Section 12156(e), the certification required by this subdivision shall specify that
the cartridges so comply (Pub. Contract Code §12205).
9. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement,
Contractor and its subcontractors shall not deny the contract's benefits to any
person on the basis of race, religious creed, color, national origin, ancestry,
physical disability, mental disability, medical condition, genetic information,
marital status, sex, gender, gender identity, gender expression, age, sexual
orientation, or military and veteran status, nor shall they discriminate unlawfully
against any employee or applicant for employment because of race, religious
creed, color, national origin, ancestry, physical disability, mental disability,
medical condition, genetic information, marital status, sex, gender, gender
identity, gender expression, age, sexual orientation, or military and veteran
status. Contractor shall Insure that the evaluation and treatment of employees
and applicants for employment are free of such discrimination. Contractor and
subcontractors shall comply with the provisions of the Fair Employment and
Housing Act (Gov. Code §12900 at seq.), the regulations promulgated
thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5,
Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code
§§11135-11139.5). and the regulations or standards adopted by the awarding
state agency to implement such article. Contractor shall permit access by
representatives of the Department of Fair Employment and Housing and the
awarding state agency upon reasonable notice at arty time during the normal
business hours, but in no case less than 24 hours' notice, to such -of its books,
records, accounts, and all other sources of information and its facilities as said
Department or Agency shall require to ascertain compliance with this clause.
Contractor and its subcontractors shall give written notice of their obligations
under this clause to labor organizations with which they have a collective
bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.)
Contractor shall include the nondiscrimination and compliance provisions of this clause
In all subcontracts to perform work under the Agreement.
10. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES
contained in the document CCC 04/2017 are hereby incorporated by reference
and made a part of this Agreement by this. reference as if attached hereto.
Initiols:J
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11. TIMELINESS: Time is of the essence in this Agreement.
12. COMPENSATION: The consideration to be paid Contractor, as provided herein,
shall be in compensation for all of Contractor's expenses incurred in the
performance hereof, including travel, per diem, and taxes, unless otherwise
expressly so provided.
13. GOVERNING LAW: This contract is governed by and shall be interpreted in
accordance with the laws of the State of California.
24. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby cerfifies
that if these services or goods are obtained by means of a competitive bid, the
Contractor shall comply with the requirements of the Government Codes
Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following
definitions:
1. 'Public purchase" means a purchase by means of competitive bids of goods,
services, or materials by the State or any of its political subdivisions or public
agencies on whose behalf the Attorney General may bring an action pursuant to
subdivision (c) of Section 16750 of the Business and Professions Code.
2. Public purchasing body" means the State or the subdivision or agency making a
public purchase. Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that
if the bid is accepted, it will assign to the purchasing body all rights, title, and
interest in and to all causes of action it may have under Section 4 of the Clayton
Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with
Section 16700) of Part 2 of Division 7 of the Business and Professions Code),
arising from purchases of goods, materiels, or services by the bidder for sale to
the purchasing body pursuant to the bid. Such assignment shall be made and
become effective at the time the purchasing body tenders final payment to the
bidder. Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment
or settlement, a monetary recovery for a cause of action assigned under this
chapter, the assignor shall be entitled to receive reimbursement for actual legal
costs incurred and may, upon demand, recover from the public body any portion
of the recovery, including treble damages, attributable to overcharges that were
paid by the assignor but were not paid by the public body as part of the bid price,
less the expenses incurred in obtaining that portion of the recovery. Government
Code Section 4553,
d. Upon demand in writing by the assignor, the assignee shall, within one year from
such demand, reassign the cause of action assigned under this part if the
assignor has been or may have been injured by the violation of law for which the
cause of action arose and (a) the assignee has not been injured thereby, or (b)
the assignee declines to file a court action for the cause of action. See
Government Code Section 4554.
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15. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of
$100,000, the contractor acknowledges in accordance with Public Contract Code
7110, that:
a. The contractor recognizes the importance of child and family support obligations
and shall fully comply with all applicable state and federal laws relating to child
and family support enforcement, including, but not limited to, disclosure of
information and compliance with earnings assignment orders, as provided in
Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family
Code;and
b. The contractor, to the best of its knowledge is fully complying with the earnings
assignment orders of all employees and is providing the names of all new
employees to the New Hire Registry maintained by the California Employment
Development Department.
16. UNENFORCEABLE PROVISION: In the event that any provision of this
Agreement Is unenforceable or held to be unenforceable, then the parties agree
that all other provisions of this Agreement have force and effect and shall not be
affected thereby.
17. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in
excess of $200,000, the Contractor shall give priority consideration in filling
vacancies in positions funded by the Contract to qualified recipients of aid under
Welfare and Institutions Code Section 11200 in accordance with Pub. Contract
Code §10353.
a. If for this Contract Contractor made a commitment to achieve small business
participation, then Contractor must within 60 days of receiving final payment under this
Contract (or within such other time period as may be specified elsewhere in this
Contract) report to the awarding department the actual percentage of small business
participation that was achieved. (Govt.Code § 14641.)
b. If for this Contract Contractor made a commitment to achieve disabled veteran business
enterprise (DVBE) participation, then Contractor must within 60 days of receiving final
payment under this Contract (or within such other time period as may be specified
elsewhere in this Contract) certify in a report to the awarding department: (1) the total
amount the prime Contractor received under the Contract; (2) the name and address of
the DVBE(s) that participated In the performance of the Contract; (3) the amount each
DVBE received from the prime Contractor; (4) that all payments under the Contract have
been made to the DVBE; and (5) the actual percentage of DVBE participation that was
achieved. A person or entity that knowingly provides false information shall be subject to
a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)
18. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or
supplies then the following statement is incorporated: It Is unlawful for any person
engaged in business within this state to sell or use any article or product as a "loss
leader" as defined In Section 17030 of the Business and Professions Code. (PCC
10344(e).)
Initials
EXHIBIT C
FEDERAL CONTRACT PROVISIONS
During the performance of this contract, Consultant (or "Vendor') shall comply with all applicable federal
laws and regulations including but not limited to the federal contract provisions in this Exhibit. In this
Exhibit, the term "Agency" shall mean the City as the local agency entering into this contract with the
Vendor.
CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN'S BUSINESS ENTERPRISE
AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321)
(A) Vendor shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that
minority firms, women's business enterprises, and labor surplus area firms are used when
possible and will not be discriminated against on the grounds of race, color, religious
creed, sex, or national origin in consideration for an award.
(B) Affirmative steps shall include:
(i) Placing qualified small and minority businesses and women's business enterprises
on solicitation lists;
(ii) Assuring that small and minority businesses, and women's business enterprises
are solicited whenever they are potential sources;
(iii) Dividing total requirements, when economically feasible, into smaller tasks or
quantities to permit maximum participation by small and minority business, and
women's business enterprises;
(iv) Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority business, and women's business
enterprises; and
(v) Using the services/assistance of the Small Business Administration (SBA), and the
Minority Business Development Agency (MBDA) of the Department of Commerce.
Vendor shall submit evidence of compliance with the foregoing affirmative steps when requested by
the Agency.
Notwithstanding the foregoing, the affirmative steps requirements detailed above do not apply in the
case of a noncompetitive procurement made under the emergency exception/exigency exception to
competitive procurements.
2. COST PRINCIPLES (2 C.F.R. PART 200, SUBPART E)
(A) If any indirect costs will be charged to the Agency under this contract, such costs must
conform to the cost principles set forth under the Uniform Rules at 2 C.F.R. Part 200,
subpart E ("Cost Principles"). In general, costs must (1) be necessary and reasonable; (ii)
allocable to the grant award; (iii) conform to any limitations or exclusions set forth in the
Cost Principles; (iv) be adequately documented; and (v) be determined in accordance with
generally accepted accounting principles ("GAAP"), except, for state and local
governments and Indian tribes only, as otherwise provided for in 2 C.F.R. Part 200,
subpart E. 2 C.F.R. § 200.403. Costs that are determined unallowable pursuant to a
federal audit are subject to repayment by Vendor.
3. ACCESS TO RECORDS & RECORD RETENTION (2 C.F.R. 200.336)
(A) Vendor shall comply with 2 C.F.R. § 200.336 and provide the Federal Agency, Inspectors
General, the Comptroller General of the United States, Agency, and the State of California
or any of their authorized representatives access, during normal business hours, to
documents, papers, books and records which are directly pertinent to this contract for the
purposes of making and responding to audits, examinations, excerpts, and transcriptions.
The right also includes timely and reasonable access to the Vendor's personnel for the
purpose of interview and discussion related to the books and records.
(B) The Vendor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
(C) The Vendoragrees to provide the Federal Agency or its authorized representatives access
to construction or other work sites pertaining to the work being completed under the
contract.
4. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200
— CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL
AWARDS (2 C.F.R. § 200.326)
(A) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach- Termination
for Cause/Convenience. If the contract is in excess of $10,000 and the contract does not
include provisions for both termination for cause and termination for convenience by the
Agency, including the manner by which it will be effected and the basis for settlement,
then the following termination clauses shall apply. If the contract is for more than the
simplified acquisition threshold (see 2 C.F.R. § 200.88) at the time the contract is executed
and does not provide for administrative, contractual, or legal remedies in instances where
Contractor violates or breaches the terms of the contract, then the following termination
clauses shall apply and have precedence over the contract. Otherwise, the following
termination clauses shall not be applicable to the contract.
(i) Termination for Convenience. The Agency may, by written notice to Vendor, terminate
this contract for convenience, in whole or in part, at any time by giving written notice
to Vendor of such termination, and specifying the effective date thereof ("Notice of
Termination for Convenience"). If the termination is for the convenience of the Agency,
the Agency shall compensate Vendor for work or materials fully and adequately
provided through the effective date of termination. No amount shall be paid for
unperformed work or materials not provided, including anticipated profit. Vendor shall
provide documentation deemed adequate by the Agency to show the work actually
completed or materials provided by Vendor prior to the effective date of termination.
This contract shall terminate on the effective date of the Notice of Termination.
(ii) Termination for Cause. If Vendor fails to perform pursuant to the terms of this contract,
the Agency shall provide written notice to Vendor specifying the default ("Notice of
Default"). If Vendor does not cure such default within ten (10) calendar days of receipt
of Notice of Default, the Agency may terminate this contract for cause. If Vendor fails
to cure a default as set forth above, the Agency may, by written notice to Vendor,
terminate this contract for cause, in whole or in part, and specifying the effective date
thereof ("Notice of Termination for Cause"). If the termination is for cause, Vendor
shall be compensated for that portion of the work or materials provided which has been
fully and adequately completed and accepted by the Agency as of the date the Agency
provides the Notice of Termination. In such case, the Agency shall have the right to
take whatever steps it deems necessary to complete the project and correct Vendor's
deficiencies and charge the cost thereof to Vendor, who shall be liable for the full cost
of the Agency's corrective action, including reasonable overhead, profit and attorneys'
fees.
(iii) Reimbursement: Damages. The Agency shall be entitled to reimbursement for any
compensation paid in excess of work rendered or materials provided and shall be
entitled to withhold compensation for defective work or other damages caused by
Vendor's performance of the work.
(iv) Additional Termination Provisions. Upon receipt of a Notice of Termination, either for
cause or for convenience, Vendor shall promptly discontinue the work unless the
Notice directs to the contrary. Vendor shall deliver to the Agency and transfer title (if
necessary) to all provided materials and completed work, and work in progress
including drafts, documents, plans, forms, maps, products, graphics, computer
programs and reports. The rights and remedies of the parties provided in this Section
are in addition to any other rights and remedies provided by law or under this contract.
Vendor acknowledges the Agency's right to terminate this contract with or without
cause as provided in this Section, and hereby waives any and all claims for damages
that might arise from the Agency's termination of this contract. The Agency shall not
be liable for any costs other than the charges or portions thereof which are specified
herein. Vendor shall not be entitled to payment for unperformed work or materials not
provided, and shall not be entitled to damages or compensation for termination of work
or supply of materials. If Agency terminates this contract for cause, and it is later
determined that the termination for cause was wrongful, the termination shall
automatically be converted to and treated as a termination for convenience. In such
event, Vendor shall be entitled to receive only the amounts payable under this Section,
and Vendor specifically waives any claim for any other amounts or damages, including,
but not limited to, any claim for consequential damages or lost profits. The rights and
remedies of the Agency provided in this Section shall not be exclusive and are in
addition to any other rights and remedies provided by law, equity or under this contract
including, but not limited to, the right to specific performance.
(B) Appendix II to Part 200 (C) — Equal Employment Opportunity Except as otherwise
provided under 41 C.F.R. Part 60, Vendor shall comply with the following equal opportunity
clause, in accordance with Executive Order 11246 of September 24, 1965 entitled "Equal
Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967
and implementation regulations at 41 C.F.R. Chapter 60:
(i) Vendor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. Vendor will take affirmative
action to insure that applicants are employed and that employees are treated
equally during employment, without regard to race, color, religion, sex, or national
origin. Such action shall include, but not be limited to, the following: employment
upgrading, demotion, transfer, recruitment, or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training
including apprenticeship. Vendor agrees to post in conspicuous places, available
to employees and applicants for employment, notices to be provided by the Agency
setting forth the provisions of this nondiscrimination clause.
(ii) Vendor will, in all solicitations or advertisements for employees placed by or on
behalf of Vendor, state that all qualified applicants will receive consideration for
employment without regard to their race, color, religion, sex, or national origin.
(iii) Vendor 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 Vendor's legal duty to furnish information.
(iv) Vendor 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 by the agency contracting officer, advising the labor union or
workers' representative of the contractor's commitments under Section 202 of
Executive Order No. 11246 of September 24, 1965, and shall post copies of the
notice in conspicuous places available to employees and applicants for
employment.
(v) Vendor 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.
(vi) Vendor will furnish all information and reports required by Executive Order No.
11246 of September 24, 1965, and by the rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books,
records, and accounts by the contracting agency and the Secretary of Labor for
purposes of investigation to ascertain compliance with such rules, regulations, and
orders.
(vii) In the event of Vendor's noncompliance with the nondiscrimination clauses of this
contract or with any of such rules, regulations, or orders, this contract may be
cancelled, terminated or suspended in whole or in part and the contractor may be
declared ineligible for further Government contracts in accordance with procedures
authorized in Executive Order No.11246 of Sept. 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in Executive Order
No.11246 of September 24, 1965, or by rule, regulation, or order of the Secretary
of Labor, or as otherwise provided by law.
(viii) Vendor will include the provisions of paragraphs (i) through (viii) 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 No.
11246 of September 24,1965, so that such provisions will be binding upon each
subcontractor or vendor. Vendor will take such action with respect to any
subcontract or purchase order as may be directed by the Secretary of Labor as a
means of enforcing such provisions including sanctions for noncompliance:
Provided, however, that in the event Vendor becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as a result of such direction, Vendor
may request the United States to enter into such litigation to protect the interests
of the United States.
(C) Appendix II to Part 200 (D) — Davis -Bacon Act: Copeland Act: Not applicable to this
contract.
(D) Appendix II to Part 200 (E) — Contract Work Hours and Safety Standards Act:
(i) If this contract is in excess of $100,000 and involves the employment of mechanics or
laborers, Vendor shall comply with 40 U.S.C. 3702 and 3704, as supplemented by
Department of Labor regulations (29 C.F.R. Part 5). Under 40 U.S.C. 3702, each
contractor must be required to compute the wages of every mechanic and laborer on
the basis of a standard work week of 40 hours. Work in excess of the standard work
week is permissible provided that the worker is compensated at a rate of not less than
one and a half times the basic rate of pay for all hours worked in excess of 40 hours
in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction
work and provide that no laborer or mechanic must be required to work in surroundings
or under working conditions which are unsanitary, hazardous or dangerous. These
requirements do not apply to the purchases of supplies or materials or articles
ordinarily available on the open market, or contracts for transportation or transmission
of intelligence.
(ii) No contractor or subcontractor contracting for any part of the contract work which may
require or involve the employment of laborers or mechanics shall require or permit any
such laborer or mechanic in any workweek in which he or she is employed on such
work to work in excess of forty hours in such workweek unless such laborer or
mechanic receives compensation at a rate not less than one and one-half times the
basic rate of pay for all hours worked in excess of forty hours in such workweek.
(iii) In the event of any violation of the clause set forth in paragraph (ii) of this section the
contractor and any subcontractor responsible therefor shall be liable for the unpaid
wages. In addition, such contractor and subcontractor shall be liable to the United
States (in the case of work done under contract for the District of Columbia or a
territory, to such District or to such territory), for liquidated damages. Such liquidated
damages shall be computed with respect to each individual laborer or mechanic,
including watchmen and guards, employed in violation of the clause set forth in
paragraph (ii) of this section, in the sum of $10 for each calendar day on which such
individual was required or permitted to work in excess of the standard workweek of
forty hours without payment of the overtime wages required by the clause set forth in
paragraph (ii) of this section.
(iv) The Agency shall upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause to be withheld, from any
moneys payable on account of work performed by the Vendor or subcontractor under
any such contract or any other Federal contract with the same prime contractor, or any
other federally -assisted contract subject to the Contract Work Hours and Safety
Standards Act, which is held by the same prime contractor, such sums as may be
determined to be necessary to satisfy any liabilities of such contractor or subcontractor
for unpaid wages and liquidated damages as provided in the clause set forth in
paragraph (iii) of this section.
(v) The Vendor or subcontractor shall insert in any subcontracts the clauses set forth in
paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors
to include these clauses in any lower tier subcontracts. The Contractor shall be
responsible for compliance by any subcontractor or lower tier subcontractor with the
clauses set forth in paragraphs (ii) through (v) of this Section.
(E) Appendix II to Part 200 (F) — Rights to Inventions Made Under a Contract or Agreement:
(i) If the Federal award meets the definition of "funding agreement' under 37 C.F.R. §
401.2(a) and the non -Federal entity wishes to enter into a contract with a small
business firm or nonprofit organization regarding the substitution of parties,
assignment or performance of experimental, developmental, or research work under
that "funding agreement," the non -Federal entity must comply with the requirements
of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small
Business Firms Under Government Grants, Contracts and Cooperative Agreements),
and any implementing regulations issued by the Agency.
(ii) The regulation at 37 C.F.R. § 401.2(a) currently defines "funding agreement" as any
contract, grant, or cooperative agreement entered into between any Federal agency,
other than the Tennessee Valley Authority, and any contractor for the performance of
experimental, developmental, or research work funded in whole or in part by the
Federal government. This term also includes any assignment, substitution of parties,
or subcontract of any type entered into for the performance of experimental,
developmental, or research work under a funding agreement as defined in the first
sentence of this paragraph.
(iii) This requirement does not apply to the Public Assistance, Hazard Mitigation Grant
Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance
and Training Grant Program, Disaster Case Management Grant Program, and Federal
Assistance to Individuals and Households — Other Needs Assistance Grant Program,
as FEMA awards under these programs do not meet the definition of "funding
agreement."
(F) Appendix II to Part 200 (G) — Clean Air Act and Federal Water Pollution Control Act- If this
contract is in excess of $150,000, Vendor shall comply with all applicable standards,
orders, or requirements issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and
the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).
(i) Pursuant to the Clean Air Act, (1) Vendor agrees to comply with all applicable
standards, orders or regulations issued pursuant to the Clean Air Act, as amended,
42 U.S.C. § 7401 et seq., (2) Vendor agrees to report each violation to the Agency
and understands and agrees that the Agency will, in turn, report each violation as
required to assure notification to the Federal awarding agency and the appropriate
Environmental Protection Agency Regional Office, and (3) Vendor agrees to
include these requirements in each subcontract exceeding $150,000.
(ii) Pursuant to the Federal Water Pollution Control Act, (1) Vendor agrees to comply
with all applicable standards, orders or regulations issued pursuant to the Federal
Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Vendor
agrees to report each violation to the Agency and understands and agrees that the
Agency will, in turn, report each violation as required to assure notification to the
Federal awarding agency and the appropriate Environmental Protection Agency
Regional Office, and (3) Vendor agrees to include these requirements in each
subcontract exceeding $150,000.
(G) Appendix II to Part 200 (H) — Debarment and Suspension: A contract award (see 2 C.F.R.
§ 180.220) must not be made to parties listed on the government wide exclusions in the
System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR
180 that implement Executive Orders 12549 (3 C.F.R. part 1986 Comp., p. 189) and 12689
(3 C.F.R. part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions
contains the names of parties debarred, suspended, or otherwise excluded by agencies,
as well as parties declared ineligible under statutory or regulatory authority other than
Executive Order 12549.
(i) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R.
pt. 3000. As such Vendor is required to verify that none of the Vendor, its principals
(defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are
excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. §
180.935).
(ii) Vendor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C and must include a requirement to comply with these regulations in any
lower tier covered transaction it enters into.
(iii) This certification is a material representation of fact relied upon by Agency. If it is
later determined that Vendor did not comply with 2 C.F.R. pt. 180, subpart C and
2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Agency, the
Federal Government may pursue available remedies, including but not limited to
suspension and/or debarment.
(iv) Vendor warrants that it is not debarred, suspended, or otherwise excluded from or
ineligible for participation in any federal programs. Vendor also agrees to verify
that all subcontractors performing work under this contract are not debarred,
disqualified, or otherwise prohibited from participation in accordance with the
requirements above. Vendor further agrees to notify the Agency in writing
immediately if Vendor or its subcontractors are not in compliance during the term
of this contract.
(H) Appendix II to Part 200 (1) — Byrd Anti -Lobbying Act If this contract is in excess of
$100,000, Vendor shall have submitted and filed the required certification pursuant to the
Byrd Anti -Lobbying Amendment (31 U.S.C. § 1353). If at any time during the contract
term funding exceeds $100,000.00, Vendor shall file with the Agency the Federal Standard
Form LLL titled "Disclosure Form to Report Lobbying." Vendors that apply or bid for an
award exceeding $100,000 must file the required certification. Each tier certifies to the tier
above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal contract, grant or any other
award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -
Federal funds that takes place in connection with obtaining any Federal award. Such
disclosures are forwarded from tier to tier up to the recipient.
(1) Appendix II to Part 200 (J) — Procurement of Recovered Materials:
(1) Vendor shall comply with section 6002 of the Solid Waste Disposal Act, as amended
by the Resource Conservation and Recovery Act. The requirements of Section 6002
include procuring only items designated in guidelines of the Environmental Protection
Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered
materials practicable, consistent with maintaining a satisfactory level of competition,
where the purchase price of the item exceeds $10,000 or the value of the quantity
acquired during the preceding fiscal year exceeded $10,000; procuring solid waste
management services in a manner that maximizes energy and resource recovery; and
establishing an affirmative procurement.
(ii) In the performance of this contract, the Vendor 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.
(iii) Information about this requirement, along with the list of EPA -designate items, is
available at EPA's Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
5. MISCELLANEOUS PROVISIONS
(A) The Vendor shall not use the DHS seal(s), logos, crests, or reproductions of Flags or
likenesses of DHS agency officials without specific FEMA preapproval.
(B) This is an acknowledgement that FEMA financial assistance will be used to fund the
contract only. The Vendor will comply with all applicable federal law, regulations, executive
orders, FEMA policies, procedures, and directives.
(C) Vendor acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False
Claims and Statements) applies to the Vendor's actions pertaining to this contract.
(D) The Federal Government is not a party to this contract and is not subject to any obligations
or liabilities to the Agency, Vendor, any subcontractors or any other party pertaining to any
matter resulting from the contract.
(E) General and Administrative Expenses And Profit For Timm anri Untpri�lz
(i) General and administrative expenses shall be negotiated and must conform to the
Cost Principles.
(ii) Profit shall be negotiated as a separate element of the cost. To establish a fair and
reasonable profit, consideration must be given to the complexity of the work to be
performed, the risk borne by the Vendor, the Vendor's investment, the amount of
subcontracting, the quality of its record of past performance, and industry profit rates
in the surrounding geographical area for similar work.
(iii) Any agreement, amendment or change order for work performed on a time and
materials basis shall include a ceiling price that Vendor exceeds at its own risk.
A`� CERTIFICATE OF LIABILITY INSURANCE
°04/23/20 0
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the
terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER State Farm Insurance: Wendy Truong
9011 Garvey Ave. Suite B
�L Rosemead, CA 91770
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CON
NANEAC MARITZA TINAJERO
RNGNE C. No: (6261382-1496
EAo-0DRL Marilza.Tina em.uzlm statefarm.com
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INSURERISI AFFORDING COVERAGE
RAN:
INSURER A: State Farm Mutual Automobile Insurance Company
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INSURED Jennifer Cammack /
DBAA&PortabieRestroom !/
31942 Via Oso
Trabuco Cyn, CA 92679-3900
INSURER B:
INSURERC:
INSURER D:
INSURER E:
INSURER F
COVERAGES CERTIFICATE NIIMRFR• ecvlanu wuaecm.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
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MED. 5,000
OESCM"ONOFOPERATIONSILOCATIONSIVEHICLES(Attach ACORD101.Addidwal Remarkssehaduk,Hmora.Paeaismwjl )
VEHICLE(S:)
2007 ISUZU NPR FLATBED VIN: JALC4B16577000723 017 DODGE 5500 TANK VIN:3C-iWRMDL8HG760781
20191SUZU NPR -HD- TANK TRK VIN: 54OC4W165KS80024 2006 GMV STAKE TRUCK VIN: J8D84B16667019792
City OF Santa Ana, officers,agents, employees, 1¢ v I e rM n0LN ��QjtipOalty insured on this policy pursuant to written Contract, agreement, or
memorandum of understanding. Such insuranc I I primary, and any insurance Carried by City Shall be excess and
noncontributory. By RISk MANAGEMENT IVISION
City of Santa Ana •�
Risk Management Division
20 Civic Center Plaza
Santa Ana, Ca 92702
ACORD 25 (2010105)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
v E EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
EdQ ANGIE ACEVACCORDANCE WITH THE POLICY PROVISIONS.
TINAJERO
21198E
All A.kk rn--A
The ACORD name and logo are registered marks of ACORD 1001486 132849.5 10-22-2010
W
AC'OROr CERTIFICATE OF LIABILITY INSURANCE
OATS(MMIDDIYYYY)
04123/2020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsements .
PRODUCER
CONTACT NICK SMADI
MMEBusiness
World Insurance Agency
PHONE 619 773-1100 upX 1 619 773-1101
7800 University Ave A-1
EArAL Nick.smadi insuremefree.com
INSURE RIS)AFFORm ,COVERAGE
NAICR
La Mesa CA 91942
INSURER A: COVINGTON SPECIALTY INS CO
13027
INSURED /
INSURER B
A 8 J Portables
INSURER C :
31942 Via Oso
INSURER D
INSURER E :
Coto De Caza CA 92679
1 INSURER F :
FRTIFICATF NI
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
TYPE OF INSURANCE
ADDL
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POLICY NUMBER
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CLAIMS -MADE ❑X OCCURS/
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DESGWPOON OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORO 101, AEdidonai Remarlu Schedule, may be coached If more apace Is reealrea)
City of Santa Ana, officers, agents, employees, and volunteers are named as additionally insured on this policy Pursuant to written Contract, agreement, or
memorandum of understanding. Such insurance as is afforded by this policy shall be primary. and any insurance Carried by City shall be excess and
noncontributory. ✓/
City of Santa Ana �t FF -
--
RiskManagemenlDivision JUN [ ZUHEU DANYTOIONHE AABOVE
THEREOF, POLICIES
IWILL CA CELL DBEFORE 20 CIVIC a, CA Plaza ACCORDANCE WITH THE POLICY PROVISIONS.
Santa Ana, CA 92702
ANCtiEACE ORIIED REPRESENTATIVE
01988.2015 ACORD CORPORATION. All riahts reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD