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HomeMy WebLinkAboutItem 21 - Agreement with SenseMakers LLC for Grant Project and Fiscal Coordinator ServicesPolice Department www.santa-ana.org/pol ice Item # 21 or City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 4, 2023 TOPIC: Agreement with SenseMakers LLC for Grant Project and Fiscal Coordinator Services AGENDA TITLE Approve Agreement with SenseMakers LLC, in the amount of $896,370, for Grant Project and Fiscal Coordinator Services (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute a three-year professional services agreement with SenseMakers LLC for an on -site project and fiscal grant management coordinator services, for the period beginning June 1, 2023 through May 31, 2026, with a fourth - and fifth -year option in an amount not to exceed $896,370, 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 the City of Anaheim have been designated as Urban Area Core Cities and serve as the grant recipients responsible for managing and administering the UASI grant funds. The Santa Ana and Anaheim Police Departments alternate as the fiscal agent responsible 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 administration 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 Agreement with April 4, 2023 Page 2 SenseMakers, LLC for Grant Project and Fiscal Coordinator Services new laws, rules, and requirements issued by DHS and the California Governor's Office of Emergency Services (Cal OES). On October 11, 2022, the Police Department issued Request For Proposals No. 22-130 for grant management services for the Anaheim/Santa Ana UASI. A total of 674 vendors were notified through the City's bidding platform with a due date of November 8, 2022. SenseMakers LLC was the only company to submit a proposal. The professional services rate proposed by SenseMakers LLC was determined to be within the range expected for such services. Cal OES approved the sole source procurement for this agreement for grant years FY 2021 and FY 2022. A sole source approval for FY 2023 will be sought upon approval of the FY 2023 UASI grant application. The three-year agreement may be extended for two additional one-year terms, 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 unique 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 pleased with the grant management services provided by SenseMakers LLC, and recommends approval of this agreement. The agreement includes 2,080 hours per year and $7,000 annually for training and travel: • Year 1 — Hourly rate of $76.46, annual amount not to exceed $166,036.80 • Year 2 — Hourly rate of $79.50, annual amount not to exceed $172,360.00 • Year 3 — Hourly rate of $82.70, annual amount not to exceed $179,016.00 • Year 4 (if extended) — Hourly rate of $86.01, annual amount not to exceed $185,900.80 • Year 5 (if extended) — Hourly rate of $89.45, annual amount not to exceed $193,056.00 FISCAL IMPACT Funding is available in the FY 2022-23 budget and funding for subsequent fiscal years will be included in the proposed budgets for City Council consideration as follows: Fiscal Year Accounting Unit — Account No. Fund Description Accounting Unit, Account Description Amount FY 22-23 12514407-62300 OES UASI UASI Cal OES Santa $ 13,837 Ana, Contract Services FY 23-24 12514407-62300 OES UASI UASI Cal OES Santa $152,200 Ana, Contract Services Agreement with April 4, 2023 Page 3 SenseMakers, LLC for Grant Project and Fiscal Coordinator Services UASI Cal OES FY 23-24 12514491-62300 OES UASI Anaheim, Contract $ 14,364 Services UASI Cal OES FY 24-25 12514491-62300 OES UASI Anaheim, Contract $157,996 Services FY 24-25 12514407-62300 OES UASI UASI Cal OES Santa $ 14,918 Ana, Contract Services FY 25-26 12514407-62300 OES UASI UASI Cal OES Santa $164,098 Ana, Contract Services UASI Cal OES FY 25-26 12514491-62300 OES UASI Anaheim, Contract $ 15,492 Services UASI Cal OES FY 26-27 12514491-62300 OES UASI Anaheim, Contract $170,409 Services FY 26-27 12514407-62300 OES UASI UASI Cal OES Santa $ 16,088 Ana, Contract Services FY 27-28 12514407-62300 OES UASI UASI Cal OES Santa $176,968 Ana, Contract Services Total $896,370 The expenditure amounts listed above are estimates based upon the Anaheim/Santa Ana UASI projects projection for grant years FY 2021, FY 2022, and FY 2023 and subject to change. If the agreement is extended, the expenditure amounts will be dependent upon the grant years' FY 2024 and FY 2025 projects. EXHIBIT(S) 1. Agreement with SenseMakers LLC Submitted By: David Valentin, Police Chief Approved By: Kristine Ridge, City Manager PROFESSIONAL SERVICES AGREEMENT WITH SENSEMAKERS, LLC FOR GRANT PROJECT & FISCAL COORDINATOR SERVICES THIS AGREEMENT, is made and entered into this 41h day of April 2023 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 October 11, 2022, the City issued Request for Proposal # 22-130 ("RFP") seeking qualified consultants to perform grant management services for the Anaheim/Santa Ana Urban Area Security Initiative ("ASAUASI") Grant. 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 ("UASI"), has applied for, 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 $76.46, effective June 1, 2023 through May 31, 2024 ("lst Year"). Consultant shall also be reimbursed for training and travel which requires pre -approval, in writing, by City. The total amount to be expended during the 1 st year of this Agreement shall not exceed $166,036.80. b. City agrees to pay, and Consultant agrees to accept as total payment for its services an hourly rate of $79.50, effective June 1, 2024 through May 31, 2025 ("2nd Year"). Consultant shall also be reimbursed for training and travel which requires pre -approval, in writing, by City. The total amount to be expended during the 2nd year of this Agreement shall not exceed $172,360. c. City agrees to pay, and Consultant agrees to accept as total payment for its services an hourly rate of $82.70, effective June 1, 2025 through May 31, 2026 ("3rd Year"). Consultant shall also be reimbursed for training and travel which requires pre -approval, in writing, by City. The total amount to be expended during the 3rd year of this Agreement shall not exceed $179,016. d. If the parties exercise the option to extend the term of the Agreement for a 4th Year, 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 $86.01, effective June 1, 2026 through May 31, 2027 ("4th Year") and/or (the "1st Extension"). Consultant shall also be reimbursed for training and travel which requires pre -approval, in writing, by City. The total amount to expended for the extension shall not exceed $185,900.80. e. If the parties exercise the option to extend the term of the Agreement for a 5th Year, 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 $89.45, effective June 1, 2027 through May 31, 2028 (5th Year) and/or (the "2nd 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 2nd extension shall not exceed $193,056. f. The total amount that may be expended throughout the entire term of this Agreement shall not exceed $896,369.60, as detailed in Exhibit B attached hereto. g. Payment by City shall be made within thirty (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. 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, 2023 and terminate on May 31, 2026, unless terminated earlier pursuant to Section 13, below. The term of this agreement may be extended for two (2) additional one (1) year terms. 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 security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Based on scope of services and in accordance with ICRMA guidelines, minimum insurance requirements are below. Coverage shall be at least as broad as: a. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregatelimit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. b. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. C. Workers' Compensation insurance as required by the State of California, with Statutory Iiit and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. d. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 1185 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Primary Coverage For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance aid shall not contribute with it. Notice of Cancellation Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. Waiver of Subrogation Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A: VII, unless otherwise acceptable to the City. Claims Made Policies If any of the required policies provide coverage on a claims -made basis: a. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. Verification of Coverage Consultant shall furnish the City with original Certificates of Insurance includingall amendatory endorsements (or copies of the applicable policy language effectingcoverage overage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Subcontractors Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Consultant agrees to 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 1 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. 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) P.O. Box 1988 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 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. TERMINATION 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-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 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. 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 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975, as amended; Drug Abuse Office and Treatment Act of 1972, as amended; Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended; Section 523 and 527 of the Public Health Service Act of 1912, as amended; Title VIII of the Civil Rights Act of 1968, as amended; Department of Justice Non -Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a Federal or State court, Federal or State administrative agency, or the Contractor makes a finding of discrimination after a due process 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. 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 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: JENNIFER HALL Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By:111 M III 4� TAMARA BOGOSIAN Senior Assistant City Attorney CITY OF SANTA ANA, a municipal Corporation of the State of California KRISTINE RIDGE City Manager RECOMMENDED FOR APPROVAL DAVID N L TIN e of Police SENSEMAKERS, LLC JAMES BAILEY President and CEO EXHIBIT A SCOPE OF SERVICES DESCRIPTION AND SCOPE OF WORK The City of Santa Ana, on behalf of the AnaheimlSanta Ana Urban Area (ASAUA), is seeking proposals from qualified individuals -or firms who can provide grant management services for the management and administration of the Urban Area Security Initiative (UASI) Grant Program for the Santa Ana Police Department The proposed Project(Fiscal Coordinator would be responsible for the financial management and compliance of the UASI grant program with oversight on project management and coordination_ A. BACKGROUND INFORMATION The requested grant projectlffiiscal coordination will be paid in full with funding from the UASI grant Funding from this grant is applied to homeland security related training, exercises, equipment, and projects in the ASAUA_ The ASAUA is comprised of the County of Orange, 34 incorporated cities, and two universities, University of California, Jr-Ane, and California State University, Fullerton, with a population of over 3 million people_ The ASAUA has approximately 12,000 public safety emergency responders from the fire service, law enforcement, and public health professions_ UASI grant management support is provided by the two largest cities in the ASAUA, Santa Ana and Anaheim_ The bw effiesshare grant administrative responsibOiiies, annuallyalemating the function of the lead fiduciary agency_ Anaheim manages the grant during the even years (i.e. 2016, 2020, 2022 etc.), while Santa Ana manages the grant during the odd years (ie. 201% 2021, 2023 etc_)_ By way of example, the most current agreement has been attached, which includes duties and costs_ OBJECTIVE The intention of the City is to recruit a contractor to fulfill the responsibilities and requirements of the ProjectlFiscal Coordinator as assigned to the Santa Ana Police Department and outlined within Exhibit A. The projectlfiscal coordinator must fit within the parameters of our M&A budget PERFORMANCE SCHEDULE The City anticipates the final award of agreement to vendor on TB0- The requested services must be filled by 1BO with the contractor providing services in accordance with the agreement starting that date. MINIMUM REQUIREMENTS 1_ Proposer (Contractor) must have an active registration in the System for Award Management (SAM). Please refer to wwtiv� for registration information, Contractor shall certify that neither Contractor nor its principles are presently debarred, proposed for debarment, declared ineligible or voluntarily excluded from participation in the transaction by any federal department or agen cy_ Where Contractor as the recipient of federal funds, is unable to certify to any of the statements in the certification, Contractor must include an explanation with the proposal_ Debarment, pend-ng debarment, declared ineligibility, or voluntary exclusion from participation by any federal department or agency may result in the proposal being deemed non -responsible. RFP 22-130 ASA UASI Grant hfana+,ementServacea Page 10 The proposed ProjectlFiscal Coordinator candidate(s) will submit to a thorough police background investigation performed by the City- The background investigation will be performed after a contractor has been selected but prior to submission to ✓wiry Council for final approval_ A polygraph examination may be conducted to determine the truthfulness of the candidates responses about hislher background and qualifications- AM persons employed to provide service under the awarded contract must have satisfactory past work records indicating their ability to adequately perform the work under said contract. Contractor's employees assigned to this project must meet character standards as demonstrated by background investigation and reference cheeks, coordinated by the City - The City shall have the right to require the removal and replacement of the Contractor's ProjectiFiscal Coordinator and key personnel under the awarded contract The City shall notrTy the contractor in writing of such action. The City is not required to provide any reason, rationale or additional factual information if it elects to request any specific key personnel be removed from performing services under the awarded contract The City shall review and approve the appointment of the replacement for the Contractor's personnel- Said approval shall not be unreasonably withheld. 3. The ProjectlF Fecal Coordinator will work out of the Santa Ana Polite Department, Homeland Security Division- 4. The Projett/Fkscal Coordinator will work a 40-hour week, consistent with regular business hours which are between the hours of 6.00 AM to 5.00 PIa1, excluding weekends and holidays - The hours worked are subject to the needs of the unit, and reasonable flexibility is available to accommodate the Contractor- The Project/Fiscal Coordinator may work a compressed 4110 schedule- Monday through Thursday or Tuesday through Friday, depending the on the needs of the unit- 5- The ProfectdFiscal Coordinator shall have experience in consistently managing multiple project budgets and deadlines- Iz. The ProjectlFiscai Coordinator shall have knowledge of local government and federal grant budgetary, management and procurement processes- 7- The ProjectfFiscal Coordinator shall have the ability to read, comprehend, and apply various federal grant program rules and regulations including, but not limited to, applicable code of federal regulations; notices of funding opportunities; Environmental & Historic Preservation requirements; state and local strategic goals & objectives, purchasing policies, and travel policies, and provide guidance to stakeholders within the ASAUA on how to comply- 8- The Project{Fiscal Coordinator shall have the ability to research topics unfamiliar to their normal area of expertise and experience (within Homeland Security Cram Program relevancy) and develop program plans and objectives. Examples of such experience must be provided in the Statement of Qualifications- g. The ProjectlFiscal Coordinator shall be courteous and maintain good worMng relationships with all stakeholders within the ASAUA, state or outside agencies, other team members and staff within the Police Department and City of Santa Ana divisions - Furthermore, City locations consist of publir4ise facilities and recogriizzes the obligation to insure Contractor personnel and agents maintain the highest level of professional standards in attire, decorum, and interaction with the public and City personnel- 10- The ProjektlFiscal Coordinator shall have the knowledge and abifrty to effectivety use Microsoft RFP 22-130 ASA UASI Grant Management Serviceg Page 11 programs such as Word, Excel, Outlook, and Publisher, as well as, the ability to leam prog rams specific to the City of Santa Ana such as financial management and equipment inventory systems in order to perform services as specified in this RFP_ 11_ The ProjecUl iscal Coordinator will remain current on all aspect& of their posijon to include continual training and education. Training required by the dty andlor grant will be funded through the city or grant funds. Training required by the contractor, for the contractor, will be done at their expense_ 12_ The ProjectrFiscal Coordinator should be prepared to pertorm the dutiesiresponsiM dies outlined in this proposal immediately upon appointment. 13_ The F"ecYFiscal coordinatormay also be tasked with management and administrative duties unforeseen at this tine, but necessary to fulfill their role. E. RESPONSIBILITIES OF PROJECTIFISCAL COORDINATOR The Project/Fiscal Coordinator shall be responsible for the following tasks, including, but not limited to, the following tasks: 1. Financial Management of the UASI Grant Program a. Financial and administrative tasks associated with the management of all ASA UAS I grant program funding to ensure coin pliancewith applicable federal regulations and the Office of Management and Budget (OMB); b_ Overseeing grant application and investment justification process at the regional, state, and federal level; c. Completing all city procedures for accepting and appropriating UASI grant funding within City's fiian6al management system; d_ Completing all budget projections, to include project services and personnel, for every grant program cycle and annual City budget process; e. Prepamg and submitting all required performance reports and bi-annual financial progress updates into the federal grant reporting system; f. Reconciling all grant programs expenditures and submitting reimbursement requests to the state and local fiduciary agencies; g. Reviewing all submitted invoices and preparing the necessary hack -up documentation for submission to the Police Department and City Finance Departments; h. Reviewing all sub -recipient reimbursement requests submitted by the ASAUA, and i. Completing all necessary dose out procedures to comply with City, state, and federal procedures" requirements_ 22-430 ASA UA V Gra nt management Services Pape 12 2. Project Management and Coordination a_ Management and oversight of all assigned project activities, including, but not limited to: • contract management and milestone monitoring • ensuring compliance with all applicable rules and regulations • managing budgets • ensuring participation of all regional public safety agencies • regular reporting b_ Assisting in the coordination and implementation of the contracting process to include the development of formal solicitations (Invitation for Bids, RFPs, etc_) and drafting of agreements_ c_ Providing briefings to the UAWG, UASI Steering Committee, OCIAC Fusion Center, ASAUA regional stakeholders within Law, Fire, Emergency Management, and Public Health, and the Santa Police Department executive management team. d_ Review of all required programmatic documentation submitted by grant staff and sub - recipients to include project applications, EHP, state agency approvals (including but not limited to Sole Source, VeNcle Approval, Emergency Operation Center approvals, and AimraftWatereralt Approval), quarterly reports, and project budgets_ e_ Develop reports and any other relevant documents necessary to complete the services and requirements as set forth in this RFP_ If requested, ProjectiFiscal Coordinator shall attend all meetings and provide such information that is requested by City personnel for the purpose of monitoring the resulting aontracL All materials, documents, data or information obtained from the City data files or any City medium furnished to the contractor in the perfonTm. ce of the awarded contract wiff at all times remain the property of the City_ Such data or information may not be used or copied for direct or indirect use by the contractor after completion or termination of this contract without the express written consent of the City_ AI[ materials, documents, data or information, including copies, must be returned to the City at the end of the contract term. 3_ Monitorina Visits & Audits a. The ProjectlFscal Coordinator is the primarypoint-oi contact on all city, state, and federal monitoring visits and audits_ b_ Preparing all documentation pertaining the requested expenditures and period being reviewed_ c. Assisting the intemal grant office and city equipment inventory review processes. RFP 22-130ASAVA38 Grant Management SeryAmn Page 13 Exhibit A — Federal Regulations a. Federal Regulations — Recipient must comply with the government cost principles, uniform administrative requirements and audit requirements for federal grant program housed within Title 2, Part 200 of the Code of Federal Regulations. b. Debarment and Suspension — As required by Executive Orders 12549 and 12689, and 2 CFR §200.212 and codified in 2 CFR Part 200, Recipient must provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. C. Audit Records — With respect to all matters covered by this agreement all records shall be made available for audit and inspection by CITY, the grant agency and/or their duly authorized representatives for a period of three (3) years from the date of submission of the final expenditure report by the City of Santa Ana, For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Recipient shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Recipient shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Recipient, upon request during usual working hours. d. Reports — Recipient shall provide to City all records and information requested by City for inclusion in quarterly reports and such other reports or records as City may be required to provide to the agency from which City received grant funds or other persons or agencies. e. Section 504 of the Rehabilitation Act of 1973 (Handicapped) — All recipients of federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the participation in, be denied the benefits of or be subject to discrimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The Recipient agrees it will ensure that requirements of The Act shall be included in the agreements with and be binding on all of its contractors, subcontractors, assignees or successors. f Americans with Disabilities Act of 1990 — (ADA) Recipient must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. g. Political Activity — None of the fluids, materials, property, or services provided directly or indirectly under this agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act", h. No Lobbying — Recipient will comply with all applicable lobbying prohibitions and laws, including those found in the Byrd Anti -Lobbying Amendment (31 U.S.C. 1352, et seq.), and agrees that none of the funds provided under this award may be expended by the Recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action concerning the award or renewal of any federal contract, grant, loan, or cooperative agreement. i. Non -Discrimination and Equal Opportunity — Recipient will comply, and all its contractors (or subrecipients) will comply, with 'Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975, as amended; Drug Abuse Office and Treatment Act of 1972, as amended; Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended; Section 523 and 527 of the Public Health Service Act of 1912, as amended; Title VIII of the Civil Rights Act of 1968, as amended; Department of Justice Non Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CPR Part 35 and 39. In the event a Federal or State court, Federal or State administrative agency, or the Recipient makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the Recipient will forward a copy of the findings to CITY which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. If applicable, recipient will comply with the equal opportunity clause in 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375. j. Equal Employment Opportunity — Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60), as applicable. k. Public Contracts Code — Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the California Public Contract Code Section 10295.3, as applicable. 1, Copeland "Anti -Kickback" Act — Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Copeland "Anti -Kickback" Act (30 U.S.C. 3145) as supplemented in Department of Labor regulations (29 CFR Part 3), as applicable. In. David -Bacon Act — Recipient .will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Davis -Bacon Act (40 U.S.C. 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. n. Work Hours and Safety — Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3702 and 3704) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. o. Clean Air Act — Recipient will comply, and all its contractors (or subrecipients) will comply, with all applicable standards, orders or requirements issued under the Clean Air Act (42 U,S.C, 7401-7671q), and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as applicable. P. Energy and Conservation — Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Energy Policy and Conservation Act (42 U.S.C. 6201), as applicable. q. Waste Disposal — Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as applicable. r. Patent Rights — Recipient agrees that the Department of Homeland Security shall have the authority to seek patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement based on the requirements of 37 CFR§ 401 and any other implementing regulations, as applicable. S. Cop riizht — Recipient may copyright any books, publications or other copyrightable materials developed in the course of or under this Agreement. However, the federal awarding agency, State Administrative Agency (SAA) and City reserve a royalty -free, non-exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government, SAA and/or City purpose: (1) the copyright in any work developed through this Agreement; and (2) any rights of copyright to which the subcontractor purchases ownership with support through this grant. The Federal government's, SAA's and City's rights identified above must be conveyed to the publisher and the language of the publisher's release form must ensure the preservation of these rights, t. Equal Employment in Construction Contracts -- Pursuant to Equal Employment Opportunity requirements of 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375, as to any construction contract thereunder, if applicable, during the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the achninistering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. U. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment — Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements under Uniform Guidance 2 CFR §200,216. Recipient will comply with FEMA Policy 405- 143-1, Prohibitions on Expending FEMA Award Funds on Covered Telecommunications Equipment or Services (Interim), which prohibits grant recipients and subrecipients from obligating or expending loan or grant funds to procure or obtain, extend or renew a contract to procure or obtain, or to enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment: (1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (2) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (3) Telecommunications or video surveillance services produced by such entities or using such equipment. (4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. V. Domestic Preferences for Procurements/Subcontracts — Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements under Uniform Guidance 2 CFR §200.322. Recipient shall comply with the federal and recipient standards in the award of any subcontracts. For purposes. of this Agreement, subcontracts shall include but not be limited to purchase agreements, rental or lease agreements, third party agreements, consultant service contracts and construction subcontracts. Recipient shall ensure that the tenns of this Agreement with the CITY are incorporated into all Subcontractor Agreements. The recipient shall submit all Subcontractor Agreements to the CITY for review prior to the release of any funds to the subcontractor. The recipient shall withhold funds to any subcontractor agency that fails to comply with the terms and conditions of this Agreement and their respective Subcontractor Agreement. (1) Recovered Materials Recipient shall make maximum use of products containing recovered materials that are EPA - designated items unless the product cannot be acquired competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or at a reasonable price. Information about this requirement, along with the list of EPA -designated items, is available at EPA's Comprehensive Procurement Guidelines webpage: https://www,epa.gov/smm/comprehensive- procurement-guideline-cpg-prograin. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. (2) Domestic Preference for Procurements Recipient should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. W. Termination for Cause and Convenience -- Should recipient fail for any reason to comply with the contractual obligations of this agreement within the time specified by this Agreement, the CITY reserves the right to terminate the Agreement, reserving all rights under state and federal law. Approved to Form 1"k�' Tamara Bogosian Sr. Assistant City Attorney EXHIBIT B - SENSEMAIER, LLC'S PRICING PROPOSAL ASA UASI GRANT MANAGEMENT SERVICES 2. Exhibit C — Proposer's Certification and Proposal Item Pricing EXHIBIT C PROPOSERS CERTIFICATION AND PROPOSAL ITEM PRICING Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit A) and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price - Pricing shall be based on the scope of services described in Exhibit A. Cost proposal shall include all costs grant project/fiscal coordinator position. Pay rate is the proposed hourly rate for the actual ProjectlFiscal Coordinator. Bill rate is the total hourly rate charged by the contractor. PAY BILL TOTAL ESTIMATED LINE DESCRIPTION HOURS RATE iSRj EXTENDED TOTAL PRICE HOURS COSTSEL Gran[ Project & Fiscal 1 CoDrdinatcrMonths1-12(11 2,090 50.97 76.46 159,036.80 $7.000 $166,038.80 Year) Grant Project & Fiscal 2 Coordinator Months 13-24 (2' 2,080 53.00 79.50 165,360.00 S7.000 $172,360.00 Year) Grant Project & Fiscal 3 Coordinator Months 25-36 (3'0 2,080 55.13 82.70 172,096.00 S7,000 $179,016.00 Year) Grant Project & F{scat 4 Coordinator Months 37-46 (4" 2D50 57,34 86.01 178.900.80 $7,00D $185.900.80 Year) Grant Project & Fiscal 5 Coordinator Months 49-50 (5" 2.08D 59.63 39.45 186.056.00 S7.000 $193,056.00 Year) rI TOTAL EXTENDED COST iADD LINES 1, 2, 3, 4, and 5): $896.369.60 *Travel costs shall include all expenses incurred such as mileage, parking, lodging, meals, and incidental fees, etc. Any travel expenses Incurred must be billed per Orange County Per Diem Rates and itemized on invoices). SenseMakers LLC Phone: 657-223-8532, Fax NIA LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS 2401 E. Katella Avenue, Suite 610, Anaheim CA 92806 BUSINESS ADDRESS James E. Bailey President and CEO PRINTED NAME OF AUTHORIZED AGENT TITLE c 9� November 8, 2022 jim@sensemakersllc.com SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS 46-3319261 NIA FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IF APPLICABLE) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP 22-130 ASA UAS1 Grant Management Services Page 22 �7 Request for Proposal: �cnael�Iakera RFP NO. 22-130