Loading...
HomeMy WebLinkAboutItem 15 - Homeland Security Grants Strategy Update Police Department www.santa-ana.org/police Item # 15 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report August 29, 2023 TOPIC: Homeland Security Grants Strategy Update AGENDA TITLE Approve Agreement with Filler Security Strategies, Inc. in the Amount of $56,750 to Provide a Revision to the Three-Year Countywide Homeland Security Grants Strategy (Non-General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Filler Security Strategies, Inc., for the period of August 29, 2023 through March 31, 2024, to provide a revision to the Countywide Homeland Security Grants Strategy in an amount not to exceed $56,750, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION The United States Department of Homeland Security has developed the Urban Areas Security Initiative (UASI) funding program. UASI is designed to address the unique planning, equipment, training, and exercise needs of high-threat, high-density urban areas and provides funds to local emergency first responders that assist in building an enhanced and sustainable capacity to prevent, protect, respond to, mitigate, and recover from acts of terrorism. The grant specifically provides funding for anti-terrorism equipment, planning, training, exercises, and technical assistance. Santa Ana has been designated as an Urban Area Core City since 2003. As such, for selected grant years, Santa Ana is the fiduciary agent for the region and manages projects, which include providing training and procuring equipment utilized by the 34 jurisdictions in Orange County. In 2013, UASI grant program funds were utilized to develop the Countywide Homeland Security Grants Strategy. The Strategy is used by the Anaheim/Santa Ana Urban Area (ASAUA) as a basis for proposing projects to be funded through the Homeland Security Grant Program. It identifies countywide goals, objectives, and priorities to streamline regional efforts and maximize organizational efforts in support of the National Homeland Security Grants Strategy Update August 29, 2023 Page 2 3 6 9 1 Preparedness Goal and the following five mission areas: to prevent, protect, mitigate, respond to, and recover from terrorist attacks and catastrophic natural disasters. It focuses on addressing the Urban Area's target capabilities and sustaining robust programs in support of the Whole Community approach. On April 25, 2023, the Police Department issued a request for proposals (RFP #23- 057A) for a revision to the Countywide Homeland Security Grants Strategy. On May 23, 2023 the City received a proposal from Filler Security Strategies, Inc. Filler Security Strategies was the sole proposal received in response to the City's request. An evaluation committee consisting of representatives from the Anaheim/Santa Ana Urban Area reviewed and rated the proposal based on established evaluation criteria outlined within the RFP. According to the RFP, the consultant would be responsible for reviewing the current strategy, conducting planning meetings with ASAUA subject matter experts and stakeholders, and providing a revised strategy document that incorporates the updated goals and objectives of the region in support of federal homeland security program initiatives. The proposed revision should maintain, or build on, the following key components: I. Purpose, Vision, Focus, and Coordination II. Goals, Objectives, and Implementation Steps III. Evaluation Plan for the Homeland Security Strategy IV. Strategy Update Summary The results of the RFP evaluation are as follows: Proposer Location Score Filler Security Strategies, Inc.Falmouth, ME 90.17 100 Points Possible Staff recommends that the City Council approve an agreement with Filler Security Strategies, Inc. FISCAL IMPACT Funds will be available in the FY 2023-24 budget upon City Council approval of the prior-year carry-forwards for expenditure as follows: Fiscal Year Accounting Unit – Account No. Fund Description Accounting Unit - Account No. Description Amount FY 23-24 12514407-62300 OES UASI UASI Cal OES Santa Ana, Contract Services- Professional $56,750 Homeland Security Grants Strategy Update August 29, 2023 Page 3 3 6 9 1 EXHIBIT(S) 1. Agreement with Filler Security Solutions, Inc. Submitted By: David Valentin, Police Chief Approved By: Kristine Ridge, City Manager AGREEMENT WITH FILLER SECURITY STRATEGIES, INC. TO PROVIDE REVISION TO THE COUNTYWIDE HOMELAND SECURITY GRANTS STRATEGY THIS AGREEMENT is made and entered into on tis 29th day of August, 2023 by and between Filler Security Strategies, Inc., ("Consultant"), and the City of Santa Ana, a charter city and municipal coiporation organized and existing under the Constitution and laws of the State of California ("City"). RECIT ALS A. On April 25, 2023, the City issued a Request for Proposal No. 23-057A ("RFP") seeking a consultant to provide an in-depth revision of our countywide ASAUA and Orange County Operational Area ("OCOA") Homeland Security Grants Strategy ("Strategy"). The 2023 ASAUA/OCOA Strategy Update process will focus on updating the current strategy to align with the priorities, goals, and objectives with current Homeland Security Grant Program ("HSGP") program and Federal guidelines. B.On May 23, 2023 the City received a proposal from Consultant whose response was the sole response received in response to the RFP. Consultant represents that Consultant is able and willing to provide the services described in the Scope of Work that was included in the RFP and attached hereto as Exhibit A to this Agreement. C.In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services perfoimed by Consultant under tis 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 a. Consultant shall perform during the teim of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. b. In performing these services, the Consultant shall abide by the Federal Grant Contract Provisions, a copy of which is attached hereto as Exhibit C to this Agreement and incorporated by reference. Exhibit 1 2.COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total paytnent for its services for City, the rates and charges identified in the Cost Proposal - Exhibit B, attached hereto and incorporated by referenced. The total amount to be expended during the term of this Agreement shall not exceed $56,750. b. Payment by City shall be made within foity-five (45) days following receipt of proper invoice evidencingworkperfornned,subjecttoCityaccountingprocedures. Paymentneednotbemade for work which fails to meet the standards of performance set foith in the Recitals which may reasonably be expected by City. 3.TERM This Agreement shall commence on August 29, 2023 and end on March 31, 2024, with the option for the City to grant an extension, exercisable by a writing by the City Manager and the City Attorney, unless teiminated earlier in accordance with Section 15, below. 4.INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationsip, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in wich Consultant perfornns the services which are the subject matter of t's 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. 5.OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual propeity embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, wich are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6.INSURANCE Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to propeity which may arise from or in connection with the perfomiance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. 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 genera aggregate limit 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. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code l), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. If the contractor 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 higher limits maintained by the contractor. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Itxsured 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 perfoimed by or on behalf of the Contractor 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 Contractor's insurance (at least as broad as ISO Foim CG 20 1011 85 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 Contractor's insurance coverage shall be primary insurance 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 Contractor's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. Waiver of Subrogation Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by viitue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect tis waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the tnsurer. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City. The City may require the Contractor 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. Acceptabiliffl 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 claims-made coverage: 1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completio'tx of the cotxtract of work. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase"extended reporting" coverage for a minimum offive (5) years after completion of work. Verificatiotx of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive tlie Contractor's obligation to provide them. The City reserves the right to require complete, ceitified 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 Circumstatxces City resetaves the right to modify these requirements, including limits, based on the nature of the risk, piior experience, insurer, coverage, or other special circumstances. 7.INDF,MNIFICATION Consultant agrees to defend, and shall indemnify and hold haimless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (l) 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 Contractor, 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 refeired to in this Section or by reason of the ternns of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold haimless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or propeity 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 Contractor'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 Contractor. 8.INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnifythe City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringemeiit of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9.RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incutred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period ofthree (3) years, or for any longer period required by law, from the date of final payment to Consultant under t's 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 tmee (3) years from the date of final payment to Consultant under this Agreement. 10.CONFIDENTIALITY If Consultant receives from the City information wich 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 infoimation except in the performance of this Agreement, and fiirther 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 infoimation. Confidential information includes not only written infomiation, but also information transferred orally, visually, electronically, or by other means. Confidential infoimation disclosed to either paity 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 infoimation 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 infoimation disclosed by the City. 11.CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12.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. 13.EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the teims of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This AgreementmaynotbemodifiedexceptbywritteninstnimentsignedbytheCityandbyanauthorized representative of Contractor. 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. 14.ASSIGNMENT Inasmuch as tis Agreement is intended to secure the specialized services of Contractor, 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 Contractors retained by City. 15.TERMINATION This Agreement may be ternninated 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 propeity 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. 16.WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, tight or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17.JURISDICTION - VENUE Tis 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 tis Agreement. 18.PROFESSIONAL LICENSES Consultant shall, throughout the teim 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. 19.NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City of Santa Ana 20 Civic Center Plaza (M-30) p.o. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Chief of Police Santa Ana Police Department 60 Civic Center Plaza Santa Ana, California 92702 Fax:714-245-8190 To Contractor: Joshua Filler, President Filler Security Strategies, Inc. 34 Faim Gate Road Falmouth, ME 04105 Fax: (202) 761-4013 Email: jfiller@fssconsultanting.net A party may change its address by giving notice in writing to the other party. Thereafter, any cornrnunication 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 ceitified, 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 repoit 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. 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 teims 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 signatoi'y or is withdrawn. b.The Agreement is the final and con'iplete agreement and any prior or contemporaneous agreements for similar services between the paities is superseded by this Agreement. Tliis shall not apply where the Paities are currently engaged and Consultant is providing sei'vices not contemplated by this Agreement. C.All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of tis Agreement. IN WITNESS WHEREOF, the parties hereto have executed t's Agreement the date and year first above written. ATTEST:CITY OF SANTA ANA Jennifer L. Hall City Clerk Kristine Ridge City Manager APPROVED AS TO FORM: SONIA R. CARVAI,HO City Attorney FILLER SECURITY STRATEGIES, INC Tamara Bogosian Senior Assistant City Attorney Joshu k\f President RECOMMENDED FOR APPROVAL: fm., (pl4 41 Chief of Police Exhibit A CITY OF SANTA ANA EXHIBITI SCOPE OF SERVICES DESCRIPTION AND SCOPE OF WORK The City of Santa Ana, on behalf of the Anaheim/Santa Ana Urban Area (ASAUA), is seeking a vendor who can deliver an in-depth revision of our countywide ASAUA and Orange County Operational Area (OCOA) Homeland Security Grants Strategy (Strategy). The 2023 ASAUA/OCOA Strategy Update process will focus on updating the current strategy to align with the priorities, goals, and objectives with current HSGP program and Federal guidelines. The Consultant would be responsible for reviewing the current strategy, conducting planning meetings with ASAUA subject matter experts and stakeholders, and providing a revised strategy document that incorporates the updated goals and objectives of the region in support of federal homeland security program initiatives. A. BACKGROUND INFORMATION The requested revision will be paid in part or in full with funding from the United States Department of Homeland Security's Urban Areas Security Initiative (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 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. UASI grant management support is provided by the two largest cities in the ASAUA, Santa Ana and Anaheim. These two cities alternate fiscal responsibility and administration of the UASI grant. The Strategy is used by the ASAUA as a basis for proposing projects to be funded through Homeland Security Grant Program dollars. It identifies countywide goals, objectives, and priorities to streamline regional efforts and maximize organizational efforts in support of the National Preparedness Goal (Goal) and the following five mission areas: to prevent, protect, mitigate, respond to and recover from terrorist attacks and catastrophic natural disasters. It focuses on addressing the Urban Area's target capabilities and sustaining robust programs in support of the Whole Community approach. B. OBJECTIVE Proposed revision should maintain, or build on, the following key components: 1. II. Ill IV. Purpose, Vision, Focus, and Coordination Goals, Objectives, and Implementation Steps Evaluation Plan for the Homeland Security Strategy Strategy Update Summary RFP No. 23-057A ASAUA Homeland Security Grants Strategy Update Page 15 of 36 CITY OF SANTA ANA C. PERFORMANCE SCHEDULE Revision of the Homeland Security Strategy must be delivered by December 31, 2023 to align with deadlines put forth by the UASI grant program. D. MINIMUM REQUIREMENTS 1. Proposer shall have substantial knowledge of the National Preparedness Goal, HSGP program guidelines and requirements. 2. Proposer's designated staff must have three years or more of experience in regional planning and coordination efforts for multiple jurisdictions and disciplines. RFP No. 23-057A ASAUA Homeland Security Grants Strategy Update Page 16 of 36 Exhibit B Cost Proposal LINE DESCRIPTION QUANTITY UNIT UNIT QUANTITY UNIT PRICE EXTENDED TOTALPRICE 1 Kick-off Meeting 1 1 1 Sl,500 Sl,500 2 Complete research, review local grant investments, plans, source materials, and deliver summary report 1 1 I 55,000 S5,000 3 Review THIRA/SPR data and develop capability questionnaire 1 1 1 S6,000 !,)6,000 4 Conduct assessment, and analyze, organize, and present assessment results I I 1 S7,000 S7,000 5 Condud strategy workshop 1 1 1 512,250 S12,250 6 Produce draft strategy 1 1 1 S22,000 5,>:z,ooo 7 Produce final strategy and briefing 1 1 I 53,000 S3,000 Total Cost $56,750 16 Exhibit C - Federal Regulations a. Federal Regulations - Recipient must comply with the government cost principles, uniforin administrative requirements and audit requirements for federal grant program housed within Title 2, Part 200 of the Code of Federal Regulations. b. Debarinent and Suspension - As required by Executive Orders 12549 and 12689, and 2 CFR §200.2 12 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 Attachtnents 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. - Recipient shall provide to City all records and inforination 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 employinent, 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. Ainericans with Disabilities Act of 1990 - (ADA) Recipient must comply with all requirements of the Atnericans with Disabilities Act of 1990 (ADA), as applicable. g. Political Activity - None of the funds, materials, property, or services provided directly or indirectly under this agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act", h. - Recipient will comply with all applicable lobbying prohibitions and laws, including those found in the Byrd Anti-Lobbying Ainendment (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 Ainendments of 1972; the Age Discrimination Act of 1975, as amended; Drug Abuse Office and Treatment Act of 1972, as amended; Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended; Section 523 and 527 of the Public Health Service Act of 1912, as amended; Title VIII of the Civil Rights Act of 1968, as amended; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a Federal or State court, Federal or State administrative agency, or the Recipient makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the Recipient will forward a copy of the findings to CITY which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. If applicable, recipient will comply with the equal opportunity clause in 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375. j. Equal Employinent 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 En'iployment 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 requireinents 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. m. 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 Deparh'nent 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. - 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 riglits identified above must be conveyed to tl'ie publisher and tlie language of tl'ie publislier's release form must ensure the preservation of these rights. t. Equal Employinent in Construction Contracts - Pursuant to Equal Employi'nent 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 perforinance of this contract, the contractor agrees as follows: (1 ) The contractor will not discriminate against any employee or applicant for employinent because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirinative 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 tennination; 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 employinent 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 infonnation 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 inforination, unless such disclosure is in response to a forinal 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 infonnation and reports required by Executive Order 11246 of September 24, 1965, and by niles, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will perinit access to his books, records, and accounts by the administering agency and the Secretary of Labor for puiposes 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, tenriinated, or suspended in whole or in part and the contractor may be declared ineligible for further Governunent 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 iim'nediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in eveiy subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. u.Prohibition on Certain Telecommunications and Video Surveillance Services or f - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements under Unifonn 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 telecoininunications 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 telecoininunications 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 govermnent 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 Techology 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 governinent of a covered foreign country. v. Dotnestic Preferences for Procurements/Subcontracts - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements under Unifonn 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 terins 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 tenns and conditions of this Agreement and their respective Subcontractor Agreement. Recovered Materials Recipient shall tnake 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 perfon'nance schedule; Meeting contract perforinance requirements; or at a reasonable price. Inforznation about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines webpage: https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. (2)Domestic Preference for Procurements Recipient should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufachired 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 tmough 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. Tennination 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 Tamara Bogosian Sr. Assistant City Attorney