HomeMy WebLinkAboutItem 27 - Urban Areas Security Initiative Program Training Services Police Department
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Item # 27
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 21, 2023
TOPIC: Urban Areas Security Initiative Program Training Services
AGENDA TITLE
Approve Agreements with Mission-Centered Solutions, Inc. in the Amount of $189,875
and Utility Response Training Associates, LLC in the Amount of $134,600 to Provide
Training Services for the Urban Area Security Initiative Grant Program (Non-General
Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute three-year agreements, with two one-year
renewal options, with the following two vendors to provide on-going training deliverables
to the Anaheim/Santa Ana Urban Area on an as-needed basis, for the period of
November 21, 2023 through November 20, 2026 in an aggregate amount not to exceed
$324,475, subject to non-substantive changes approved by the City Manager and City
Attorney:
•Mission-Centered Solutions, Inc. – total amount not to exceed $189,875
(Agreement No. 2023-XXX)
•Utility Response Training Associates, LLC – total amount not to exceed
$134,600(Agreement No. 2023-XXX)
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
The United States Department of Homeland Security, Federal Emergency Management
Agency, has developed the Urban Areas Security Initiative (UASI) funding program.
This initiative was designed to enhance the domestic preparedness of urban areas by
ensuring that all emergency Appropriation Adjustment and Agreements for UASI
Funded Training services first responders have adequate and appropriate equipment
and training to prevent, respond to, and recover from acts of terrorism. Santa Ana has
been designated as an Urban Area Core City since 2003. As such, for selected grant
years, Santa Ana is the fiduciary for the region and manages projects which include the
grant funded procurement of training, exercises, and equipment utilized by the 34
jurisdictions in Orange County.
Urban Areas Security Initiative Program Training Services
November 21, 2023
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In an effort to address the unique needs of a high-density, high-threat urban area, the
Anaheim/Santa Ana Urban Area (ASAUA) allocates a set percentage of its annual grant
allocation to fund training for the Orange County region. With oversight from the Santa
Ana Police Department Homeland Security Division, the ASAUA Homeland Security
Regional Training Program is designed to provide the ASAUA stakeholders with
regional training necessary to meet the goals and objectives set forth in the ASAUA' s
homeland security strategy and target capabilities identified in the Threat and Hazard
Identification and Risk Assessment (THIRA). The goal of these agreements is to
enhance the capabilities of the current program by providing access to a wide range of
training in support of a comprehensive and regional approach.
In July of 2023, the Police Department issued three Request for Proposals (RFP #23-
110A, #23-111A, and #23-114A) to identify and qualify suitable vendors capable of
delivering a broad choice of homeland security related training courses taught by
subject matter experts and/or recognized professionals in the field of fire, public health,
and emergency management. Additionally, the RFP sought to identify and qualify
suitable vendors who are capable of developing and delivering a broad range of
homeland security related trainings.
The three (3) RFPs were advertised on July 13, 2023 and proposals were solicited. A
summary of the proposals and offers received is as follows:
1,254
24
Vendors were notified
Santa Ana vendors notified
76 Vendors downloaded the RFP
13 Proposals received
0 Proposals received from a Santa Ana vendor
Proposals were opened on August 10, 2023 and evaluated. An evaluation team
reviewed and rated all proposals received to determine if necessary qualifications were
met. The proposals were evaluated and scored according to criteria identified within the
RFP, including Responsiveness to RFQ (15%), Experience of Firm and Personnel
(50%), Reasonableness of Cost (25%), and References (10%).
Of the thirteen (13) proposals received, twelve (12) were determined to be responsive
and qualified based on their response to the specifications and requirements identified
by the City. After the evaluation process, the Santa Ana Police Department Homeland
Security Division selected two vendors, Utility Response Training Associates, LLC and
Mission-Centered Solutions, Inc. to provide training courses on an as-needed basis.
The addition of Utility Response Training Associates, LLC and Mission-Centered
Solutions, Inc. as vendors will support the Homeland Security Training Program to
enhance capabilities across multiple disciplines and jurisdictions. Mission-Centered
Solutions, Inc. will provide fire service leadership training courses in the total amount of
Urban Areas Security Initiative Program Training Services
November 21, 2023
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$189,875 over the course of grant FY 2021 through FY 2023, and if the agreement is
extended, FY 2024 and FY 2025. Utility Response Training Associates, LLC will
provide emergency management courses in the total amount of $134,600 over the
course of grant FY 2021, FY 2022 and FY 2023, and if the agreement is extended, FY
2024 and FY 2025.
FISCAL IMPACT
Funding is available in the FY 2023-24 budget and funding for subsequent fiscal years
will be included in the proposed budgets and carryovers for City Council consideration
as follows:
Fiscal
Year
Accounting Unit
– Account No.
Fund
Description
Accounting Unit –
Account No. Description Amount
FY 23-24 12514407-62300 OES UASI UASI Santa Ana, Contract
Services-Professional $64,895
The account number may change in the future to no.12514491-62300, depending upon
which UASI grant FY funds are used for these specific training projects. All are subject
to future grant approval.
EXHIBIT(S)
1. Agreement with Mission-Centered Solutions, Inc.
2. Agreement with Utility Response Training Associates, LLC
Submitted By: Robert Rodriguez, Acting Police Chief
Approved By: Steven A. Mendoza, Acting City Manager
AGREEMENT WITH MISSION CENTERED SOLUTIONS TO PROVIDE TRAINING
COURSES AND EXERCISES FOR THE ANAHEIM / SANTA ANA URBAN AREA
ON AN AS-NEEDED BASIS
THIS AGREEMENT is made and entered into on this 21s' day ofNovember, 2023 by and between Mission
Centered Solutions, ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation
organized and existing under the Constitution and laws of the State of California ("City").
RECIT ALS
a. On August 10, 2020, the Santa Ana Police Department ("SAPD") issued Request for
Qualifications No. 20-062 ("RFQ") by which it sought to identify and qualify suitable
vendors capable of delivering a broad choice of homeland security-related training courses
and exercises conducted byprofessionals inthe fields of law, fire, public health, emergency
management and cybersecurity.
b. The training courses are in support of the Anaheim/Santa Ana Urban Area ("ASAUA")
Homeland Security Regional Training and Exercise Program and are funded by a grant
awarded to the City by the Homeland Security's Urban Areas Security Initiative, ("UASI")
administered by SAPD. The ASAUA consists of the incorporated cities in Orange County
and the police departments of the University of Califomia, Irvine, California State
University, Fullerton, and cornrnunity colleges in the County of Orange.
c. Through SAPD, the training and exercise programs are made available to agencies in the
ASAUA on an as-needed basis to enhance domestic preparedness for acts of terrorism.
d. SincetheCityhasaneedforadditionalvendors,onJulyl3,2023,theCityissuedRequest
for Proposals No. 23-114A. ("RFP"), by wich it sought proposals from qualified firms
and organizations ("Proposers") to provide training courses at various locations within the
ASAUA on an on-call basis in support of the following categories of LC-380/CA-002-
PREV At the Point of the Spear: Fire Service Leadership or At the Point.
e. These courses are in support of the Anaheim/Santa Ana Urban Area ("ASAUA")
Homeland Security Regional Training and Exercise Program and 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. Such services will be
provided in accordance with agency needs and/or fund availability at the discretion of the
City.
f. Contractor submitted a responsive proposal that was among those selected by the City.
g. In undertaking the performance of this Agreement, Contractor represents that it is
knowledgeable in its field and that any services performed by Contractor under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
Exhibit 1
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
On an as-needed basis, and at the sole discretion of the City, Contractor shall conduct the training
and/or exercise programs described in the Scope of Services provided in the RFP and attached hereto as
Exhibit A. Contractor's proposal is incorporated by reference as though fully set foith herein. In the
performance of all services, Contractor shall comply and provide the required training/classes as set forth
in Exhibit B, attached hereto.
2.CHANGE ORDERS/ AMENDMENTS
a. To maintain flexibility that allows first responders to address emerging and unforeseeable threats,
the ASAUA Homeland Security Regional Training and Exercise Program will utilize a Change
Order provision to request other training and exercise courses at the City's request. Change Orders
will be used to approve training and/or exercises and can modify the existing scope of work for
specialty and other ad-hoc training and exercises on an as needed basis. Change Orders will be
drafted by the UASI Grant Coordinator, reviewed and approved by the Contractor, then forwarded
to the Chief of Police and the City Manager for the City of Santa Ana or their designees for
approval.
b. Any change order that contains any terms contrary to services provided within this Agreement
shall be void, unless City and Contractor have expressly agreed in a writing, requiring approval by
the City Manager and the City Attorney's office. Contractor agrees and understands that
substantive changes to the terms of the Agreement are subject to approval by the City Council.
3.COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under
this Agreement. Contractor shall be paid only for actual services performed under this Agreement
at the rates and charges identified in Exhibit C, attached hereto. Any compensation payable to
Contractor shall be paid from a portion of the above-referenced UASI grant awarded to the City.
The total amount to be expended during the ternn of this Agreement shall not exceed $189,875.
b. Payment by City shall be made within foity-five (45) days following receipt of proper invoice
evidencing work performed, subject to City accounting procedures. Payment need not be made
for work which fails to meet the standards of performance set forth in the Recitals which may
reasonably be expected by City.
4.TERM
This Agreement shall commence on the date first written above tmough November 20, 2026, with
the option for the City to grant up to two (2), one (l) year renewals, exercisable by a writing by the City
Manager and the City Attorney, unless terminated earlier in accordance with Section 18, below.
5.INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of tis 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 Contractor perfomis the services which are
the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided
in a manner consistent with all applicable standards and regulations governing such services. Contractor
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.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, which are prepared or caused to be prepared by Contractor
under this Agreement ("Documents & Data"). Contractor 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. Contractor represents and warrants that Contractor has the
iegal right to license any and all Documents & Data. Contractor makes no such representation and
warrarity in regard to Documents & Data which were provided to Contractor by the City. City shall not
be lirnited in any way in its use of the Documents and Data at any time, provided that any such use not
witliin the purposes intended by this Agreement shall be at City's sole risk.
All materials or copyrights held by the paities previous to the agreement shall remain property of
theoriginalowner. Noextensionoflicenseandrightsofpre-existingpropertyshallbeextendedorimplied
unless explicitly identified.
7.INSURANCE
Contractor shall procure and maintain for the duration of the contract insurance against claims for
injuries to persons or damages to property wich may arise from or in connection with the perfoimance
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 Foim 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 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 1), 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 the higher limits maintained
by the contractor. Any available insurance proceeds in excess of the specified minimum lim its 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 Stahis
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
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 Form CG 20 101185 or if not available, tmough the addition of both CG 20 10,
CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).
Primary Coverage
For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at
least as broad as ISO CG 20 01 0413 as respects the City, its officers, officials, employees, and volunteers.
Any insurance or self-insurance maintained by the City, its officers, officials, employees, of 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 virtue of the payment of any loss under such insurance. Contractor 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 bythe 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.
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 (note - should be applicable only to professional liability, see below) 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
begiruiing of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years
after completion of the contract of work.
3. If coverage is car+celed 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
repoiting" coverage for a minimum of five (5) years after completion of work.
Verification of Coverage
Contractor shall furnish the City with original Certificates of Insurance including all required
amendatory endorsements (or copies of the applicable policy language effecting coverage
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 Contractor'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.
8.INDEMNIFICATION
Contractor 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 l of this Agreement; and (2) from any claim that personal injury,
damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or
effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for
damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been
suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising
from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the
defense of the City, including fees and costs for special counsel to be selected by the City, regarding any
action by a third party challenging the validity of this Agreement, or asseiting that personal injury,
damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises
by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions
with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent
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.
9.INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees
against any and all liability, including costs, for infringement of any United States' letters patent,
trademark, or copyright infringement, including costs, contained in the work product or documents
provided by Contractor to the City pursuant to this Agreement.
10.CONFORMITY WITH LAW AND SAFETY
In performing any services under tis Agreement, Contractor shall observe and comply with all
applicable laws, ordinances, codes, and regulations of governmental agencies, including federal, state,
municipal, and local governing bodies having jurisdiction over the scope of services, including all
provisions of the California Occupational Safety and Health Act. Contractor shall indemnify, defend, and
hold harmless City from any and all liability, fines, penalties, and consequences from any of Contractor's
failures to comply with such laws, ordinances, codes, and regulations.
11.RECORDS
Contractor shall keep records and invoices in connection with the work to be perfoimed under this
Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred
under this Agreement and any services, expenditures, and disbursements charged to the City for a
minimum period ofthree (3) years, or for any longer period required by law, from the date of final payment
to Contractor under tis Agreement. All such records and invoices shall be clearly identifiable. Contractor
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. Contractor
shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement
for a period of three (3) years from the date of final payment to Contractor under this Agreement.
12.CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such information is
reasonably understood to be confidential and/or proprietary, Contractor 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 infoimation 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 Contractor disclosed in a publicly available source; (c) is in rightful
possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by
operation of law; or (e) is independently developed by the Contractor without reference to information
disclosed by the City.
13.CONFLICT OF INTEREST CLAUSE
a. Contractorcovenantsthatitpresentlyhasnointerestsandshallnothaveinterests,directorindirect,
which would conflict in any manner with performance of services specified under this Agreement.
b. The parties understand that outside parties, subject to receipt of financial benefit from UASI funding,
as noted in Recital Section B and the RFQ, are often utilized by the ASA UASI as subject matter
expert reviewing training and exercise proposals. To avoid potential conflict of interest of engaging
sub-contractors, subject to receipt of financial benefit from UASI funding, shall not be engaged by
the Contractor as a sub-contractor to provide the services provided in this Agreement, or any change
order or amendment thereto.
14.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 maru'ier provided
in this Section, to the following persons:
To City:
City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
p.o. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With couitesy copies to:
Chief of Police
City of Santa Ana
60 Civic Center Plaza
p.o. Box 1988
Santa Ana, California 92702
Fax: 714-245-8116
To Contractor:
Schelly K. 01son
Mission Centered Solutions Inc.
PO Box 969
Franktown, C0, 80116
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 foith above. If sent by
fax, con'irnunication 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.
15.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 terms of tis Agreement and any attacents hereto, the terms of this Agreement shall prevail.
Tis Agreement may not be modified except by written instniment signed by the City and by an authoiized
representative of Contractor. The paities 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 Contractor 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.
16.ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
Contractor 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 tis 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.
17.WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by
the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving
the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed
a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver
constitute a continuing waiver unless the writing so specifies.
18.TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination.
In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for
all services performed by Contractor prior to receipt of such notice of teimination, subject to the following
conditions:
a.As a condition of such payment, the Executive Director may require Contractor 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 Contractor 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 perfoimance
specified in the Recitals of this Agreement.
19.NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital stahis, sexual
orientation, gender identity, gender expression, gender, medical conditions, genetic information, or
militaiy 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. Contractor affirms that it is
an equal oppoitunity employer and shall comply with all applicable federal, state and local laws and
regulations.
20.JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
intetpretation, performance, and enforcement of any of the clauses of tis Agreement shall be determined
and goveined 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.
21.PROFESSIONAL LICENSES
Contractor shall, throughout the tetam of this Agreement, maintain all necessary licenses, permits,
approvals, waivers, and exemptions necessai'y for the provision of the services hereunder and required by
the laws and regulations of the United States, the State of Califomia, the City of Santa Ana and all other
governmental agencies. Contractor 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 teimination of this Agreement.
22.FEDERAJ, REGULATIONS
a. Recipient must comply with the goveinment cost principles, uniform administrative requirements
and audit requirements for federal grant program housed witin 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 Pait 200, Recipient must provide protection against waste, fraud,
and abuse by debarring or suspending those persons deemed iiresponsible 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 tis 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. Repotts - 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. ArnericanswithDisabilitiesActofl990-(ADA)Recipientmustcomplywithallrequirementsof
the Americans 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. 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 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 CFR Pait 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. Depaitment 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 "Eqrial Employment Oppoitunity," 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 and subcontractors
(or subrecipients) shall coi'nply, with all requirements of the Copeland "Anti-Kickback" Act (30
U.S.C. 3145) as supplemented in Depaitment of Labor regulations (29 CFR Pait 3), as
applicable.
1. Contractor - Contractors shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the
requirements of 29 C.F.R. pt. 3 as may be applicable, which are incoiporated by reference
into tis contract.
2. Subcontracts - Contractor or subcontractor shall insert in any subcontracts the clause above
and such other clauses as FEMA may by appropriate instructions require, and also a clause
requiring the subcontractors to include these clauses in any lower tier subcontracts. The
prime contractor shall be responsible for the compliance by any subcontractor or lower tier
subcontractor with all of these contract clauses.
3. Breach - A breach of the contract clauses above may be grounds for termination of the
contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. S,
5.12.
m. Davis-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.
Contractors are required to pay wages to laborers and mechanics at a rate no less than the Prevailing
wages specified in a wage determination made by the Secretary of Labor.
Additionally, contractors are required to pay wages not less than once a week.
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. 740 1-
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 Depaitment 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. Copyright - 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 suppoit
through tliis 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. Telecommunications (2 CFR 200.216) - Recipient will comply with FEMA Policy 405-143- 1,
Prohibitions on Expending FEMA Award Funds on Covered Telecommunication Equipment or
Services (Interim), wich 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 is:
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
Coiporation, Hangzhou Hikvision Digital Technology Company, or Dahua
Technology Company (or any subsidiary or affiliate of such entities).
3. Telecommunications or video surveillance services provided 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 hitelligence 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.
u. Domestic preferences for procurements (2 CFR 200.322) - Recipient agrees that as appropriate
and to the extent consistent with law, it will, to the greatest extent practicable under a Federal
award, provide a preference for the purchase, acquisition, or use of goods, products, or materials
produced in the United States (including but not limited to iron, aluminum, steel, cement, and other
manufactured products). This requirement must be included in all subawards including all
contracts and purchase orders for work or products under this award. For purposes of this
provision: "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; and "manufactured products" means 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.
v. 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
perfornnance 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 fornns 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. Tis provision shall not apply to instances in which an employee who has
access to the compensation infornnation 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 fumish 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
cornrnitments 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 infornnation 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 asceitain
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 poition of the sentence immediately preceding paragraph
(1) and the provisions of paragraphs (1) tmough (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 administering agency may direct
as a means of enforcing such provisions, including sanctions for noncompliance.
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.
23.MISCELLANEOUS PROVISIONS
Each undersigned represents and warrants that its signature herein below has the power,
authority and right to bind their respective paities 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 signatory or is withdrawn.
The Agreement is the final and complete agreement and any prior or contemporaneous
agreements for similar services between the paities is superseded by this Agreement. This
shall not apply where the Paities are cunently engaged and Contractor is providing services
not contemplated by this Agreement.
C.All Exhibits referenced herein and attached hereto shall be incozporated as if fully set forth
in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed tis Agreement the date and year first above
Written,
ATTEST:CITY OF SANTA ANA
Jennifer L. Hall
City Clerk
APPROVED AS TO FORM:
Steven A. Mendoza
Acting City Manager
MISSION CENTERED SOLUTIONS INC:
Schel)y K. 01son
RECOMMENDED FOR APPROVAL:
David Valentin
Chief of Police
EXHIBIT A
CITY OF SANTA ANA
EXHIBITI
SCOPE OF SERVICES
REQUIREMENTS
The specific requirements of this RFP have been listed in Section 11.
II. TRAINING COURSE(S)
A. ASAUA requires training courses in the following specific disciplines:
* Training Request for: CA-002-PREV Fire Training for At the Point of the Spear: Fire Service
Leadership.
Minimum Requirements:
Availability to conduct up to a total of five (5) deliveries of the training by the end of the term of
the contract.
The first training must be conducted no later than January 31, 2024.
Course Name: Fire Training: L-380/CA-002-PREV/ At the Point of the Spear: Fire Service
Leadership; or: At the Point of the Spear: Leading and Preparing Emergency Response Units
Course Description: Develop and deliver up to five (5) fire service leadership trainings
addressing the unique needs of fire professionals. This course directs the professional towards
a historical understanding of fire leadership from past to present day. The objective of this training
is to instruct first-line leaders of emergency response units in the core cultural attitudes and
behaviors that enable them to lead high-functioning teams in high-risk operations. The program
covers topics such as memory and conduct, leadership impact and adaptability, team building
and learning, error resiliency, stress management, accountability and standards, communication
and conflict resolution, and ethical leadership. The program uses a mix of theory and principles
with a nexus to terrorism, classroom exercises, case examples, and field exercises to provide
realistic application opportunities for the students and develops first-line leaders. The program is
based on established u.s. military programs and follows the principles of At the Point of the Spear:
Leading and preparing emergency response units.
The program duration is 36 to 38 hours and the target audience is first-line leaders of emergency
response units.
The proposer will provide resumes of the staff to be assigned to this training request, detailing
their prior experience.
Number of Deliveries Being Requested: Up to 5
Number of Students per Delivery: Minimum of 12 students (max 25 students)
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CITY OF SANTA ANA
Responsibilities of the City of Santa Ana and the Anaheim/Santa Ana Urban Area:
* Classroom with space to arrange students in groups
* Audio/\/isual Equipment
* Multiple easels, dry erase board, and markers
* Offsite location (if necessary to be outside classroom)
Responsibilities of the Training Provider:
* Professional instruction
* Laptop
* Presentation & training aids.
Transpofation of students to any offsite location/or arrange students to carpool
* Role players (if necessary)
* Training radios (if necessary)
* Safety equipment (PPE) (if necessary)
* Turnout or brush coats (if necessary or different from normal attendee attire)
Environmental & Historic Preservation (see Section E. below)
* Any travel related costs
Notice to Respondents:
All responses to this solicitation shall become property of the City of Santa Ana, and responses will
become public record after issuance of Purchase Order. Proposer information identified as
proprietary information shall be maintained confidential, to the extent allowed under the California
Public Records Act.
B. Contractor shall conduct training courses at various locations/venues within the ASAUA.
C. Contractor shall prepare course flyers, register attendees, record attendance by signed roster,
provide certificates of completions, and verify course completion by the participants.
D. Contractor shall prepare and present specified training courses. Course material shall be available
at the time the training is provided for each of the training courses the proposer has outlined in their
proposal.
E. All training courses presented must meet state and federal guidelines and be approved by Cal OES
and DHS for reimbursement under the Homeland Security Grant Program prior to delivery. Refer to
the Cal OES website at: http://www.caloes.ca.qov/cal-oes-divisions/california-specialized-traininq-
institute and the DHS website at: https://www.fema.gov/traininq for further information regarding
state and federal guidelines for Department of Homeland Security grants. If any portion of the
training course occurs outside of the classroom, an Environmental & Historic Preservation (EHP)
approval must be obtained from FEMA/Cal OES prior to delivery of the course. The EHP approval
is location specific and if an EHP approval is required, one must be obtained for each location where
the course is delivered. It shall be the responsibility of the Proposer to complete all of the forms and
documentation necessary to obtain the required approvals. The ASAUA Homeland Security
Regional Training and Exercise Program Manager will assist the Proposer with the submission of
the requests for approval. The City shall not be billed for any costs associated with obtaining these
approvals.
F. Contractor shall provide all required training material, handouts, course syllabus and/or written
curriculum.
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CITY OF SANTA ANA
G. Contractor shall collect written survey comments/course evaluations from participants at the
conclusion of every course offered. Survey/course evaluations will be conducted in a manner
specified by the City. A standardized course survey form will be provided to the successful
proposers. A record of responses shall be maintained throughout the term of the agreement by
Contractor, and organized by training course, date, instructor, etc. Frequently mentioned comments
shall be reported to City Project Manager. Electronic reporting shall be made available to the City
upon request.
H. City reserves the right to cancel training courses with fourteen (14) calendar days' notice of delivery
date. City shall not be charged for the class, travel costs, or training materials by Contractor if
cancellation occurs within this period.
1. Contractor shall provide and assign high quality instructors on a consistent basis to deliver the
specified courses.
J. All instructors shall use the methods suggested by the training protocols established, such as
maintaining and updating each training syllabus; introducing and following objectives for each class;
completing training as described; and utilizing training aids such as audio/visual systems.
K. Contractor and all its instructors shall provide immediate feedback to the City via the ASAUA
Homeland Security Regional Training and Exercise Program Manger regarding all customer
requests for new or additional services or to file complaints.
L. Contractor will be paid for services rendered. Training days are generally eight (8) hours long (e.g.
8AM-5PM), including a one (1) hour lunch break. Schedule should include regular breaks on a 50/10
break ratio - for every fiffy (50) minutes of instruction, there should be a ten (10) minute break. Half
days are defined as four (4) hours or less of curriculum.
M. Training venues may be provided by the City or by hosting agencies based on the needs of the
course. Contractor must be able to secure training sites at any of the jurisdictions within the ASAUA.
N. All Contractor-developed courses must be approved by California Office of Emergency Services (Cal
OES) for reimbursement under the Homeland Security Grant Program prior to delivery. It is the
responsibility of the Contractor to prepare all forms and documentation necessary to obtain all course
approvals at its cost. The ASAUA Homeland Security Regional Training and Exercise Program
Manager will assist Contractor with the submission of the requests for approval. The City shall not
be billed for any costs associated with obtaining these approvals.
0. The anticipated start date of this agreement is Summer of 2023. Usage under this agreement will
begin at this time.
P. Depending on the training, Contractor's instructors and courses may be required to be California
Peace Officer Standards & Training (POST) certified or California State Fire Marshal approved. It
shall be the responsibility of the Contractor to obtain all POSTcertifications and California State Fire
Marshal course approvals at its cost. The ASAUA Homeland Security Regional Training and
Exercise Program Manager will assist Contractor with the submission of the requests for
certifications and approval. The City shall not be billed for any costs associated with obtaining these
certifications and approvals.
Q. A list of "approved" courses is available from Cal OES at www.caloes.ca.qov and a list of Federal
Emergency Management Agency (FEMA) approved classes is available at www.fema.qov/traininq
23-114A L-380 Fire Training-CA-002 Prev Fire Servies Leadership Training Services Page 19 of 43
CITY OF SANTA ANA
R. Contractors are responsible for providing all course materials and delivering it to the site(s) of al(
training at their cost.
S. Contractor must work with the ASAUA Homeland Security Regional Training and Exercise Program
Manager and requesting agencies to coordinate the training calendar and venue.
T. When required, Contractor must obtain the applicable certifications for developed courses before
training begins. The need for certification will be determined by the ASAUA Training & Exercise
Program Manager. It shall be the responsibility of the Contractor to complete all forms and
documentation necessary to obtain the required certifications at its cost. The ASAUA Homeland
Security Regional Training and Exercise Program Manager will assist the Proposer with the
submission of the requests for certification. The City shall not be billed for any costs associated with
obtaining these certifications.
U. Contractor will be required to obtain Emergency Medical Association (EMA) or Emergency
Management Institute (EMI) certification on developed courses at its cost if the course content
contains materials that require state and/or federal certification. The ASAUA Homeland Security
Regional Training and Exercise Program Manager will assist the Contractor with the submission of
the requests for certification. The City shall not be billed for any costs associated with obtaining
these certifications
V. Contractor may not charge the City for materials brought to the class that are not utilized.
W. Proposers may be selected to provide training based on their expertise within a specific discipline.
* Fire Training: L-380/CA-002-PREV/ At the Point of the Spear: Fire Service Leadership/ At the
Point of the Spear: Leading and Preparing Emergency Response Units
X. Contractors shall ensure that training participants are members of agencies or organizations located
or operating within the ASAUA, or have been approved by the ASAUA Training & Exercise Program
Manager or his designee.
Y. Contractor shall ensure that, when required, an Environmental Historic Preservation (EHP) approval
has been issued to the ASAUA before delivery of the training course. It shall be the responsibility of
the Proposer to complete all forms and documentation necessary to obtain the required EHP
approvals at its cost. The ASAUA Homeland Security Regional Training and Exercise Program
Manager will aSsist Contractor with the submission of the requests for approval. The City shall not
be billed for any costs associated with obtaining these approvals.
Ill. DELIVERABLES / REPORTS FOR TRAINING COURSES
A. CourseSurveys/Evaluations
1. Course surveys/evaluations results will be tabulated and scored by Contractor. Summary of
the results will be provided to the ASAUA Training & Exercise Program Manager.
2. Completed course survey/evaluation forms will be provided to the ASAUA Training & Exercise
Program Manager within 30 days of delivery of the training course.
B. Contractor must provide course flyers for all training courses to be delivered at its cost.
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CITY OF SANTA ANA
C. Contractor must provide to the ASAUA Training & Exercise Program Manager all rosters and sign-
in sheets upon completion of the training course for all training courses delivered. Contractor shall
maintain a record of all original and electronic copies of all sign-in sheets.
D. Contractor shall provide certificates of completion to all students that successfully complete a training
course at the conclusion of the training course and provide copies of the certificates to the ASAUA
Training & Exercise Program Manager within 30 days of delivery of the training course. Contractor
shall maintain a record of all certificates provided students.
IV. QuANTITIES FOR TRAINING COURSES
Quantities listed herein are estimates and are not to be construed as a commitment. No minimum or
maximum is guaranteed or implied.
V. PRICING FOR TRAINING COURSES
A. Unless otherwise stated, Proposer agrees that, in the event of a price decline, the benefit of such
lower price shall be extended to the City.
B. All prices are to be F.O.B. destination. Any freighUdelivery charges are to be included.
C. All prices quoted shall be in United States dollars and "whole cent," no cent fractions shall be used.
There are no exceptions.
D. Pricing shall include any and all payment incentives available to the City.
E. Proposers are advised that in the evaluation of costs, if applicable, it will be assumed the unit price
quoted is correct in the case of a discrepancy between the unit price and an extension.
F. Federal and State minimum wage laws apply. The City has no requirements for living wages. The
City is not imposing any additional requirements regarding wages.
Vl. AWARD FOR TRAINING COURSES
A. City reserves the right to reject any or all responses that materially differ from any terms contained
in this RFP, from any Exhibits attached hereto, or from any subsequent addenda; to waive
informalities and minor irregularities in responses received; and to provide an opportunity for
Proposers to correct minor and immaterial errors contained in their submissions. The decision as to
what constitutes a minor irregularity shall be made solely at the discretion of the City.
B. The City reserves the right to award an agreement to a single Proposer or multiple Proposers.
C. The City has the right to decline to award an agreement or any part thereof for any reason.
D. City Council approval to award an Agreement pursuant to this RFP will be required.
E. Any agreement must be negotiated, finalized, and approved by the recommend Contractor prior to
City Council approval.
F. RFP specifications, terms, conditions, and Exhibits, RFP Addenda, and Proposals, may be
incorporated into and made a part of any agreement that may be awarded as a result of this RFP.
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CITY OF SANTA ANA
Vll. INVOICING FOR TRAINING COURSES
A. Proposer shall invoice the City, unless otherwise advised, upon satisfactory receipt of performance
of services.
B. City will use best efforts to make payments within thirty (30) days following receipt and review of
invoice and upon complete satisfactory receipt of performance of services.
C. Invoices shall be emailed to:
Sgt. Ricardo Diaz
Santa Ana Police Department
Email: RDiaz(@santa-ana.orq
D. City shall notify Proposer of any adjustments required to invoices.
E. Invoices shall include, at minimum:
* City PO number (if applicable);
* Invoice number;
* Agreement number;
* Remit to address;
* Itemized services;
* Course description
* Pricing as per agreement;
* Instructor name;
Number of participants;
* Course date(s); and
* Shall be accompanied by acceptable proof of delivery.
F. Proposer shall utilize standardized invoices upon request.
Vlll. ACCOUNT MANAGER / SUPPORT ST AFF FOR TRAINING COURSES
A. Proposer shall provide a dedicated, competent Account Manager who shall be responsible for the
City's account/agreement. The Account Manager shall receive all orders from the City and shall
be the primary contact for all issues regarding the Proposer's response to this RFP and any
agreement which may arise pursuant to this RFP.
B. Proposer shall also provide adequate, competent support staff that shall be able to service the City
during the working hours of 7:00AM - 5:00PM PST, Monday through Friday. Such representative(s)
shall be knowledgeable about the agreement, training offered, and able to identify and resolve
quickly any issues included, but not limited to order and invoicing problems.
C. Contractor's Account Manager shall be familiar with City requirements and standards and work with
the City to ensure that established standards are adhered to.
D. Contractor's Account Manager shall keep the City and ASAUA Training & Exercise Program
Manager informed of requests from departments.
IX. QUALIFICATIONS - HOMELAND SECURITY EXERCISE EXPERIENCE
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CITY OF SANTA ANA
* Proposer should be experienced and proficient in the design and delivery of relevant homeland
security training as it pertains to the aforementioned course and in accordance with HEESP
guidelines.
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EXHIBIT B
23-114A STATEMENT OF QUALIFICATIONS
Mission-Centered Solutions, Inc.
August 23, 2023
1. SERVICES PROVIDED
Course Name: i-:iso I @k-i>o'x-pJ
At the Point of the Spear: Fire Service Leadership
Scope:
Mission-Centered Solutions, Inc., (MCS) is responding to a request for a quote to provide up to five (5)
programs of leadership training for the fire service, addressing the unique needs of fire professionals.
This course directs the professional toward a historical understanding of fire leadership from past to
present day. Tlie objective of this training is to instruct first-line leaders (senior firefighters, engineers,
company captains and battalion chiefs) of emergency response units in the core cultural attitudes and
behaviors that enable them to lead high-fiu'ictioning teams in high-risk operations. The program covers
topics such as t'nemory and conduct, leadership impact and adaptability, team building and learning, error
resiliency, stress managei'nent, accountability and standards, commrinication and conflict resolution, and
ethical leadersliip. The program uses a mix of theoiy and principles with a nexus to classroom exercises,
case examples, and field exercises to provide realistic application opportunities for the participants. The
program is based on established U.S. military programs and follows tlie principles of At the Point of the
Spear: Leading and preparing emergency response units.
Course Description:
At the Point of the Spear.' Leading and preparing emergency response rmits focuses on helping response
leaders build more cohesive, adaptive, and resilient teams. This program teaches principles for leading in
high-risk and high-stress envirorunents, building team cohesion, and resolving conflicts and problems
within the team. Using a mix of theoiy, case studies, classroom exercises, and field exercises, this
interactive program is designed to reinforce mission-driven operational culture at the team level and to
provide a framework from whicli to launch future organizational development. This program is
appropriate for fire service captains, battalion cliiefs and emergency leaders. It is approved by the u.s.
Department of Homeland Security (DHS)'s Federal Emergency Management Agency (FEMA) as CA-
002-PREV in the State and Federal Sponsored Training Catalog and certified by the National Wildfire
Coordinating Group (NWCG) as meeting the L-380 certification standard. MCS is the only provider of
this dual certified program worldwide.
Mission-Centered Solutions, Inc.
Page 2
EXHIBIT C
x3-ii4ASTA OF QUALIFICAIIONS
Mission-Centered Solutions, Inc.
August 23, 2023
5. COST PROPOSAL
DAIES DESCRu'nON LOCATION COST per COURSE
20232026 DHS CA-002-PREV
At the Point ofthe Spear:
Fire Semce Leaderihip
TBD $37,975.00" each
'MCS-pravidmltvdeplayrs. a*ntrdeplayws,deductSl,500.00frrimmchcourse
Items NOT included iii cost:
1. Salary, tmvel per dian and other related costs associated with client site logistics support
personnel and pmticipants. or any other non-MCS pasonnel assisting at the client's behest
2 Facilitycosts,includingcostsforprovidingeaselpadsandpresaitationsaeens.
3. Tmnsporlationmidassociatedcostsforpatticipantstoandfomfiddexercises.
4 . Fieldequipmaitforthepanicipants,suchastwo-wayradiosandvehiclestosupport
the field exacises.
5 - Compensation (overtime. compensation tme. etc.) needed to enable sffidents to participate in
the after-hours tmig exacise.
Mission-Centered Solutions. Inc.
Page u
AGREEMENT WITH UTILTIY RESPONSE TRAINING ASSOCIATES LLC TO PROVIDE
TRAINING COURSES AND EXERCISES FOR THE ANAHEIM / SANTA ANA URBAN AREA
ON AN AS-NEEDED BASIS
THIS AGREEMENT is made and entered into on this 21st day of November, 2023 by and between Utility
Resporise Training Associates LLC, ("Contractor"), 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
((( (2 la t yl ! )
RECIT ALS
a. On August 10, 2020, the Santa Ana Police Department ("SAPD") issued Request for
Qualifications No. 20-062 ("RFQ") by which it sought to identify and qualify suitable
vendors capable of delivering a broad choice of homeland security-related training courses
and exercises conducted byprofessionals in the fields of law, fire, public health, emergency
management and cybersecurity.
b. The training courses are in support of the Anaheim/Santa Ana Urban Area ("ASAUA")
Homeland Security Regional Training and Exercise Program and are funded by a grant
awarded to the City by the Homeland Security's Urban Areas Security Initiative, ("UASr')
administered by SAPD. The ASAUA consists of the incorporated cities in Orange County
and the police departments of the University of California, Irvine, California State
University, Fullerton, and community colleges in the County of Orange.
c. Through SAPD, the training and exercise programs are made available to agencies in the
ASAUA on an as-needed basis to enhance domestic preparedness for acts of terrorism.
d. SincetheCityhasaneedforadditionalvendors,onJulyl3,2023,theCityissuedRequest
for Proposals No. 23-112A, and 23-110A ("RFPs"), by which it sought proposals from
qualified firms and organizations ("Proposers") to provide training courses at various
locations within the ASAUA on an on-call basis in support of the following categories of
G-191: ICS/EOC Interface Workshop Training Services, and G-775: Emergency
Operations Center (EOC) Management & Operations Training.
e. These courses are in support of the Anaheim/Santa Ana Urban Area ("ASAUA")
Homeland Security Regional Training and Exercise Program and 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. Such services will be
provided in accordance with agency needs and/or fund availability at the discretion of the
City.
f. Contractor submitted responsive proposals to both RFPs and was among those selected by
the City.
Exhibit 2
g. In undertaking the performance of tis Agreement, Contractor represents that it is
knowledgeable in its field and that any services performed by Contractor 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
On an as-needed basis, and at the sole discretion of the City, Contractor shall conduct the training
and/or exercise programs described in the Scope of Services provided in the RFPs and attached hereto as
Exhibit A. Coritractor's proposals are incorporated by reference as though fully set forth herein. In the
performance of all services, Contractor shall comply and provide the required training/classes as set forth
in Exhibit B, attached hereto.
2.CHANGE ORDERS/ AMENDMENTS
a. To maintain flexibility that allows first responders to address emerging and unforeseeable threats,
the ASAUA Homeland Security Regional Training and Exercise Program will utilize a Change
Order provision to request other training and exercise courses at the City's request. Change Orders
will be used to approve training and/or exercises and can modify the existing scope of work for
specialty and other ad-hoc training and exercises on an as needed basis. Change Orders will be
drafted by the UASI Grant Coordinator, reviewed and approved by the Contractor, then forwarded
to the Chief of Police and the City Manager for the City of Santa Ana or their designees for
approval.
b. Any change order that contains any terms contrary to services provided within this Agreement
shall be void, unless City and Contractor have expressly agreed in a writing, requiring approval by
the City Manager and the City Attorney's office. Contractor agrees and understands that
substantive changes to the terms of the Agreement are subject to approval by the City Council.
3.COMPENSATION
a. CityneitherwarrantsnorguaranteesanyminirnumormaximumcompensationtoContractorunder
this Agreement. Contractor shall be paid only for actual services performed under this Agreement
at the rates and charges identified in Exhibit C, attached hereto. Any compensation payable to
Contractor shall be paid from a portion of the above-referenced UASI grant awarded to the City.
The cost for G-775 EOC Management & Operations Training Service shall not exceed $84,000,
and the cost for G-191 ICS/EOC Interface Workshop Training Services, shall not exceed $50,400.
The total combined amount to be expended during the term of this Agreement shall not exceed
$134,600.
b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice
evidencing work performed, subject to City accounting procedures. Payment need not be made
for work which fails to meet the standards of performance set forth in the Recitals which may
reasonably be expected by City.
4.TERM
This Agreement shall commence on the date first written above through November 20, 2026, with
the option for the City to grant up to two (2), one (1) year renewals, exercisable by a writing by the City
Manager and the City Attorney, unless terminated earlier in accordance with Section 18, below.
5.INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an independent
Contractor and not an employee of the City. Tis Agreement is not intended nor shall it be construed to
create an employer-employee relationsip, a joint venture relationsip, or to allow the City to exercise
discretion or control over the professional manner in which Contractor performs the services which are
the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided
in a manner consistent with all applicable standards and regulations governing such services. Contractor
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.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 property 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 Contractor
under this Agreement ("Documents & Data"). Contractor 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. Contractor represents and warrants that Contractor has the
legal right to license any and all Documents & Data. Contractor makes no such representation and
warranty in regard to Documents & Data wich were provided to Contractor 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.
7.INSURANCE
Contractor shall procure and maintain for the duration of the contract insurance against claims for
injuries to persons or damages to property wich may arise from or in connection with the performance
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 general 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 1), or if Contractor
has no owned autos, ired, (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 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
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 Fornn CG 20 10 1185 or if not available, through the addition of both CG 20 10,
CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).
Primary Coverage
For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at
least as broad as ISO CG 20 01 0413 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 virtue of the payment of any loss under such insurance. Contractor 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 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 reterition. 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 (note - should be applicable only to professional liability, see below) 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. hisurance must be maintained and evidence of insurance must be provided for at least five (5) years
after completion of the contract 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 purcliase "extended
reporting" coverage for a minimui'n of five (5) years after completion of work.
Verification of Coverage
Contractor shall furnish the City with original Certificates of Insurance including all required
amendatory endorsements (or copies of the applicable policy language effecting coverage
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 Contractor'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
8.INDF,MNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless 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 tis Agreement. This indemnity and hold harmless agreement applies to all claims for
damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been
suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising
from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the
defense of the City, including fees and costs for special counsel to be selected by the City, regarding any
action by a third party challenging the validity of this Agreement, or asseiting that personal injury,
damages, just compensation, restitution, judicial or equitable relief due to personal orproperty 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.
9.INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend and indernnify the City, its officers, agents, representatives, and employees
against any ai'id all liability, including costs, for infringement of any United States' letters patent,
trademark, or copyright infringement, including costs, contained in the work product or documents
provided by Contractor to the City pursuant to this Agreement.
10.CONFORMITY WITH LAW AND SAFETY
In performing any services under this Agreement, Contractor shall observe and comply with all
applicable laws, ordinances, codes, and regulations of governmental agencies, including federal, state,
municipal, and local governing bodies having jurisdiction over the scope of services, including all
provisions of the California Occupational Safety and Health Act. Contractor shall indemnify, defend, and
hold harmless City from any and all liability, fines, penalties, and conseqciences from any of Contractor's
failures to comply with such laws, ordinances, codes, and regulations.
11.RECORDS
Contractor shall keep records and invoices in connection with the work to be performed under this
Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred
under this Agreement and any services, expenditures, and disbursements charged to the City for a
minimum period oftbree (3) years, or for any longerperiod required by law, fromthe date of final payment
toContractorunderthisAgreement. Allsuchrecordsandinvoicesshallbeclearlyidentifiable. Contractor
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. Contractor
shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement
for a period of three (3) years from the date of final payment to Contractor under this Agreement.
12.CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such information is
reasonably understood to be confidential and/or proprietary, Contractor 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 infornnation 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 tis 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 Contractor disclosed in a publicly available source; (c) is in rightful
possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by
operation of law; or (e) is independently developed by the Contractor without reference to information
disclosed by the City.
13.CONFLICT OF INTEREST CLAUSE
a. Contractor covenants that it presently has no interests and shall not have interests, direct or indirect,
which would conflict in any maiu'ier with performance of services specified under this Agreement.
b. The parties understand that outside parties, subject to receipt of financial benefit from UASI funding,
as noted in Recital Section B and the RFQ, are often utilized by the ASA UASI as subject matter
expert reviewing training and exercise proposals. To avoid potential conflict of interest of engaging
sub-contractors, subject to receipt of financial benefit from UASI funding, shall not be engaged by
the Contractor as a sub-contractor to provide the services provided in this Agreement, or any change
order or amendment thereto.
14.NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to tis 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 Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
p.o. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Chief of Police
City of Santa Aria
60 Civic Center Plaza
P.0. Box 1988
Santa Aria, California 92702
Fax: 714-245-8116
To Contractor:
R. Ranger Dorn, Managing Partner
Utility Response Associates LLC
p.o. Box 101
Oak View, CA 93022
A party may change its address by giving notice in writing to the other party. Thereafter, any
communication shall be addressed and transmitted to the new address. If sent by mail, communication
shall be effective or deemed to have been given three (3) days after it has been deposited in the United
States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by
fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time
set forth on the transmission report issued by the transmitting facsimile macMne, addressed as set forth
above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays
shall be excluded.
15.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 terms of tis Agreement and any attachments hereto, the temis ofthis Agreement shall prevail.
This Agreement maynot be modified except bywritten instrument signed bythe City and by an authorized
representativeofContractor. Thepartiesagreethatanytermsorconditionsofanypurchaseorderorother
instrument that are inconsistent with, or in addition to, the teims and conditions hereof, shall not bind or
obligate Contractor 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.
16.ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
Contractor 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. Noting 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.
17.WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by
the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving
the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed
a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver
constitute a continuing waiver unless the writing so specifies.
18.TERMINATION
Tis Agreement may be terminated by the City upon thirty (30) days written notice of termination.
In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for
all services performed by Contractor 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 Contractor to deliver
to the City all work product(s) completed as of such date, and in such case such work
product shall be the property of the City unless proibited by law, and Contractor 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 perfornnance
specified in the Recitals of this Agreement.
19.NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual
orientation, gender identity, gender expression, gender, medical conditions, genetic infornnation, or
military and veteran status, age, national origin, ancestry, or disability, as defined and proibited by
applicable law, in the recruitment, selection, teacg, training, utilization, promotion, termination or other
employment related activities or any setavices provided under this Agreement. Contractor affirms that it is
an equal opportunity employer and shall comply with all applicable federal, state and local laws and
regulations.
20.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 deteimined
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.
21.PROFESSIONAL LICENSES
Contractor shall, throughout the term of tis 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
governrnental agencies. Contractor shall notify the City immediately and in writing of its inability to
obtain or maintain such peimits, licenses, approvals, waivers, and exemptions. Said inability shall be
cause for termination of tis Agreement.
22.FEDERAL REGULATIONS
a. Recipient must comply with the govetnment cost piinciples, 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
§200.2 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 governtnent.
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 fu'ial delivery hereunder or until
all claims related to tis Agreement are finally settled, wichever is later, Recipient shall preserve
and maintain all documents, papers and records relevant to the services provided in accordance
with tis 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 wich 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. Section504oftheRehabilitationActofl973(Handicapped)-Allrecipientsoffederalfundsmust
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. AmericanswithDisabilitiesActofl990-(ADA)Recipientmustcomplywithallrequirementsof
the Americans with Disabilities Act of 1990 (ADA), as applicable.
g. Political Activity - None of the funds, materials, property, or services provided directly or
indirectly under tis 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 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
conceining 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 ofl964, 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 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 Oppoitunity," 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 and subcontractors
(or subrecipients) shall 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.
1. Contractor - Contractors shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the
requirements of 29 C.F.R. pt. 3 as may be applicable, wich are incorporated by reference
into this contract.
2. Subcontracts - Contractor or subcontractor shall insert in any subcontracts the clause above
and such other clauses as FEMA may by appropriate instructions require, and also a clause
requiring the subcontractors to include these clauses in any lower tier subcontracts. The
prime contractor shall be responsible for the compliance by any subcontractor or lower tier
subcontractor with all of these contract clauses.
3. Breach - A breach of the contract clauses above may be grounds for termination of the
contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. §
5.12.
m. Davis-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.
Contractors are required to pay wages to laborers and mechanics at a rate no less than the Prevailing
wages specified in a wage determination made by the Secretary of Labor.
Additionally, contractors are required to pay wages not less than once a week.
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. PatentRights-RecipientagreesthattheDepartmentofHomelandSecurityshallhavetheauthority
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. Copyright - 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. Telecommunications (2 CFR 200.216) - Recipient will comply with FEMA Policy 405-143- 1,
Prohibitions on Expending FEMA Award Funds on Covered Telecommunication Equipment or
Services (Interim), wich 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 is:
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 infrastruchire, 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 provided 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.
u. Domestic preferences for procurements (2 CFR 200.322) - Recipient agrees that as appropriate
and to the extent consistent with law, it will, to the greatest extent practicable under a Federal
award, provide a preference for the purchase, acquisition, or use of goods, products, or materials
produced in the United States (including but not limited to iron, aluminum, steel, cement, and other
manufactured products). This requirement must be included in all subawards including all
contracts and purchase orders for work or products under this award. For purposes of this
provision: "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; and "manufactured products" means items and construction
materials composed in whole or in part of non-fenous metals such as aluminum; plastics and
polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass,
including optical fiber; and lumber.
v. 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. 113 75, 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 teimination; 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 wich 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 infomiation.
4. The contractor will send to each labor union or representative of workers with wich 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. ThecontractorwillcomplywithallprovisionsofExecutiveOrderll246ofSeptember24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
6. The contractor will furnish all information and repoits 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 tis
contract or with any of the said niles, regulations, or orders, this contract may be canceled,
teiminated, 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
(l) and the provisions of paragraphs (l) 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 administering agency may direct
as a means of enforcing such provisions, including sanctions for noncompliance.
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.
23.MISCELLANEOUS PROVISIONS
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.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
shall not apply where the Paities are cuirently engaged and Contractor is providing services
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 this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above
wrttten.
ATTEST:CITY OF SANTA ANA
Jennifer L. Hall
City Clerk
APPROVED AS TO FORM:
SONIA R. CARV ALHO
City Attorney
Tamara Bogosian
Senior Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Steven A. Mendoza
Acting City Manager
UTILITY RESPONSE TRAINING
ASSOCIATES, LLC
R. Ranger Dorn
Managing Partner
FOR CHIEF VALENTIN
David Valentin
CMef of Police
EXHIBIT A
CITY OF SANTA ANA
EXHIBITI
SCOPE OF SERVICES
REQUIREMENTS
The specific requirements of this RFP have been listed in Section 11.
II. TRAINING COURSE(S)
A. ASAUA requires training courses in the following specific disciplines:
* Training Request for: G-191 : ICS/EOC Interface Workshop
Minimum Requirements:
Availability to conduct up to a total of ten (10) deliveries of the training by the end of the term of
the contract.
The first training must be conducted no later than January 31, 2024.
Course Name: G-191 : ICS/EOC Interface Workshop
Course Description: The course will enable the participants to develop an effective interface
between the Incident Command and the Emergency Operations Center (EOC) by applying
Incident Command (ICS) principles.The proposer will provide resumes of the staff to be assigned
to this training request, detailing their prior experience.
Number of Deliveries Being Requested: Up to 10
Number of Students per Delivery: Minimum of 16 students
Responsibilities of the City of Santa Ana and the Anaheim/Santa Ana Urban Area:
* Classroom with space to arrange students in groups
* Audio/Visual Equipment
@ Multiple easels, dry erase board, and markers
Responsibilities of the Training Provider:
* Laptop
@ Presentation & training aids
* Professional instruction
Notice to Respondents:
All responses to this solicitation shall become property of the City of Santa Ana, and responses will
become public record after issuance of Purchase Order. Proposer information identified as
proprietary information shall be maintained confidential, to the extent allowed under the California
Public Records Act.
B. Contractor shall conduct training courses at various locations/venues within the ASAUA.
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CITY OF SANTA ANA
C. Contractor shall prepare course flyers, register attendees, record attendance by signed roster,
provide certificates of completions, and verify course completion by the participants.
D. Contractor shall prepare and present specified training courses. Course material shall be available
at the time the training is provided for each of the training courses the proposer has outlined in their
proposal.
E. All training courses presented must meet state and federal guidelines and be approved by Cal OES
and DHS for reimbursement under the Homeland Security Grant Program prior to delivery. Refer to
the Cal OES website at: http://www.caloes.ca.qov/cal-oes-divisions/california-specialized-traininq-
institute and the DHS website at: https://www.fema.qov/traininq for further information regarding
state and federal guidelines for Department of Homeland Security grants. If any portion of the
training course occurs outside of the classroom, an Environmental & Historic Preservation (EHP)
approval must be obtained from FEMA/Cal OES prior to delivery of the course. The EHP approval
is location specific and if an EHP approval is required, one must be obtained for each location where
the course is delivered. It shall be the responsibility of the Proposer to complete all of the forms and
documentation necessary to obtain the required approvals. The ASAUA Homeland Security
Regional Training and Exercise Program Manager will assist the Proposer with the submission of
the requests for approval. The City shall not be billed for any costs associated with obtaining these
approvals.
F. Contractor shall provide all required training material, handouts, course syllabus and/or written
curriculum.
G. Contractor shall collect written survey comments/course evaluations from participants at the
conclusion of every course offered. Survey/course evaluations will be conducted in a manner
specified by the City. A standardized course survey form will be provided to the successful
proposers. A record of responses shall be maintained throughout the term or the agreement by
Contractor, and organized by training course, date, instructor, etc. Frequently mentioned comments
shall be reported to City Project Manager. Electronic reporting shall be made available to the City
upon request.
H. City reserves the right to cancel training courses with fourteen (14) calendar days' notice of delivery
date. City shall not be charged for the class, travel costs, or training materials by Contractor if
cancellation occurs within this period.
1. Contractor shall provide and assign high quality instructors on a consistent basis to deliver the
specified courses.
J. All instructors shall use the methods suggested by the training protocols established, such as
maintaining and updating each training syllabus; introducing and following objectives for each class;
completing training as described; and utilizing training aids such as audio/visual systems.
K. Contractor and all its instructors shall provide immediate feedback to the City via the ASAUA
Homeland Security Regional Training and Exercise Program Manger regarding all customer
requests for new or additional services or to file complaints.
L. Contractor will be paid for services rendered. Training days are generally eight (8) hours long (e.g.
8AM-5PM),includingaone(1)hourlunchbreak. Scheduleshouldincluderegularbreaksona50/10
break ratio - for every fifty (50) minutes of instruction, there should be a ten (10) minute break. Half
days are defined as four (4) hours or less of curriculum.
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CITY OF SANTA ANA
M. Training venues may be provided by the City or by hosting agencies based on the needs of the
course. Contractor must be able to secure training sites at any of the jurisdictions within the ASAUA.
N. All Contractor-developed courses must be approved by California Office of Emergency Services (Cal
OES) for reimbursement under the Homeland Security Grant Program prior to delivery. It is the
responsibility of the Contractor to prepare all forms and documentation necessary to obtain all course
approvals at its cost. The ASAUA Homeland Security Regional Training and Exercise Program
Manager will assist Contractor with the submission of the requests for approval. The City shall not
be billed for any costs associated with obtaining these approvals.
0. The anticipated start date of this agreement is Summer of 2023. Usage under this agreement will
begin at this time.
P. Depending on the training or exercise, Contractor's instructors and courses may be required to be
California Peace Officer Standards & Training (POST) certified or California State Fire Marshal
approved. It shall be the responsibility of the Contractor to obtain all POSTcertifications and
California State Fire Marshal course approvals at its cost. The ASAUA Homeland Security Regiona[
Training and Exercise Program Manager will assist Contractor with the submission of the requests
for certifications and approval. The City shall not be billed for any costs associated with obtaining
these certifications and approvals.
Q. A list of "approved" courses is available from Cal OES at www.caloes.ca.qov and a list of Federal
Emergency Management Agency (FEMA) approved classes is available at www.fema.gov/traininq
R. Contractors are responsible for providing all course materials and delivering it to the site(s) of all
training at their cost.
S. Contractor must work with the ASAUA Homeland Security Regional Training and Exercise Program
Manager and requesting agencies to coordinate the training calendar and venue.
T. When required, Contractor must obtain the applicable certifications for developed courses before
training begins. The need for certification will be determined by the ASAUA Training & Exercise
Program Manager. It shall be the responsibility of the Contractor to complete all forms and
documentation necessary to obtain the required certifications at its cost. The ASAUA Homeland
Security Regional Training and Exercise Program Manager will assist the Proposer with the
submission of the requests for certification. The City shall not be billed for any costs associated with
obtaining these certifications.
U. Contractor will be required to obtain Emergency Medical Association (EMA) or Emergency
Management Institute (EMI) certification on developed courses at its cost if the course content
contains materials that require state and/or federal certification. The ASAUA Homeland Security
Regional Training and Exercise Program Manager will assist the Contractor with the submission of
the requests for certification. The City shall not be billed for any costs associated with obtaining
these certifications.
V. Contractor may not charge the City for materials brought to the class that are not utilized.
W. Proposers may be selected to provide training based on their expertise within a specific discipline.
* G-191: ICS/EOC Interface Workshop
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CITY OF SANTA ANA
X. Contractors shall ensure that training participants are members of agencies or organizations located
or operating within the ASAUA, or have been approved by the ASAUA Training & Exercise Program
Manager or his designee.
Y. Contractor shall ensure that, when required, an Environmental Historic Preservation (EHP) approval
has been issued to the ASAUA before delivery of the training course. It shall be the responsibility of
the Proposer to complete all forms and documentation necessary to obtain the required EHP
approvals at its cost. The ASAUA Homeland Security Regional Training and Exercise Program
Manager will assist Contractor with the submission of the requests for approval. The City shall not
be billed for any costs associated with obtaining these approvals.
DELIVERABLES / REPORTS FOR TRAINING COURSES
A. Course Surveys / Evaluations
1. Course surveys/evaluations results will be tabulated
the results will be provided to the ASAUA Training &
and scored by Contractor. Summary of
Exercise Program Manager.
2. Completed course survey/evaluation forms will be provided to the ASAUA Training & Exercise
Program Manager within 30 days of delivery of the training course.
B. Contractor must provide course flyers for all training courses to be delivered at its cost.
C. Contractor must provide to the ASAUA Training & Exercise Program Manager all rosters and sign-
in sheets upon completion of the training course for all training courses delivered. Contractor shall
maintain a record of all original and electronic copies of all sign-in sheets.
D. Contractor shall provide certificates of completion to all students that successfully complete a training
course at the conclusion of the training course and provide copies of the certificates to the ASAUA
Training & Exercise Program Manager within 30 days of delivery of the training course. Contractor
shall maintain a record of all certificates provided students.
IV. QUANTITIES FOR TRAINING COURSES
Quantities listed herein are estimates and are not to be construed as a commitment. No minimum or
maximum is guaranteed or implied.
V. PRICINGFORTRAININGCOURSES
A. Unless otherwise stated, Proposer agrees that, in the event of a price decline, the benefit of such
lower price shall be extended to the City.
B. All prices are to be F.O.B. destination. Any freighUdelivery charges are to be included.
C. All prices quoted shall be in United States dollars and "whole cent," no cent fractions shall be used.
There are no exceptions.
D. Pricing shall include any and all payment incentives available to the City.
E. Proposers are advised that in the evaluation of costs, if applicable, it will be assumed the unit price
quoted is correct in the case of a discrepancy between the unit price and an extension.
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CITY OF SANTA ANA
F. Federal and State minimum wage laws apply. The City has no requirements for living wages. The
City is not imposing any additional requirements regarding wages.
Vl. AWARD FOR TRAINING COURSES
A. City reserves the right to reject any or all responses that materially differ from any terms contained
in this RFP, from any Exhibits attached hereto, or from any subsequent addenda; to waive
informalities and minor irregularities in responses received; and to provide an opportunity for
Proposers to correct minor and immaterial errors contained in their submissions. The decision as to
what constitutes a minor irregularity shall be made solely at the discretion of the City.
B. The City reserves the right to award an agreement to a single Proposer or multiple Proposers.
C. The City has the right to decline to award an agreement or any part thereof for any reason.
D. City Council approval to award an Agreement pursuant to this RFP will be required.
E. Any agreement must be negotiated, finalized, and approved by the recommend Contractor prior to
City Council approval.
F. RFP specifications, terms, conditions, and Exhibits, RFP Addenda, and Proposals, may be
incorporated into and made a part of any agreement that may be awarded as a result of this RFP.
Vll. INVOICING FOR TRAINING COURSES
A. Proposer shall invoice the City, unless otherwise advised, upon satisfactory receipt of performance
of services.
B. City will use best efforts to make payments within thirty (30) days following receipt and review of
invoice and upon complete satisfactory receipt of performance of services.
C. Invoices shall be emailed to:
Sgt. Ricardo Diaz
Santa Ana Police Department
Email: RDiaz(,santa-ana.orq
D. City shall notify Proposer of any adjustments required to invoices.
E. Invoices shall include, at minimum:
City PO number (if applicable);
Invoice number;
Agreement number;
Remit to address;
Itemized services;
Course description
Pricing as per agreement;
Instructor name;
Number of participants;
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CITY OF SANTA ANA
* Course date(s); and
* Shall be accompanied by acceptable proof of delivery.
F. Proposer shall utilize standardized invoices upon request.
Vlll. ACCOUNT MANAGER / SUPPORT ST AFF FOR TRAINING COURSES
A. Proposer shall provide a dedicated, competent Account Manager who shall be responsible for the
City's account / agreement. The Account Manager shall receive all orders from the City and shall
be the primary contact for all issues regarding the Proposer's response to this RFP and any
agreement which may arise pursuant to this RFP.
B. Proposer shall also provide adequate, competent support staff that shall be able to service the City
during the working hours of 7:00AM - 5:00PM PST, Monday through Friday. Such representative(s)
shall be knowledgeable about the agreement, training offered, and able to identify and resolve
quickly any issues included, but not limited to order and invoicing problems.
C. Contractor's Account Manager shall be familiar with City requirements and standards and work with
the City to ensure that established standards are adhered to.
D. Contractor's Account Manager shall keep the City and ASAUA Training & Exercise Program
Manager informed of requests from departments.
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CITY OF SANTA ANA
EXHIBIT I
SCOPE OF SERVICES
REQUIREMENTS
The specific requirements of this RFP have been listed in 1. Training Course(s).
1. TRAINING COURSE(S)
ASAUA requires training courses in the following specific disciplines:
* Training Request for: G-775: Emergency Operation Center (EOC) Management &
Operations Training
Minimum Requirements:
Availability to conduct up to a total of ten (10) deliveries of the training by the end of the term of
the contract.
The first training must be conducted no later than January 31, 2024.
Course Name: G-775: EOC Management & Operations
Course Description: This course will introduce students to the considerations involved in the
management and day-to-day operations of an Emergency Operations Center (EOC).
Number of Deliveries (trainings) Being Requested: Up to 10
Number of Students per Delivery (training): Minimum of 16 students
Responsibilities of the City of Santa Ana and the Anaheim/Santa Ana Urban Area:
* Classroom with space to arrange students in groups
* Audio/\/isual Equipment
* Multiple easels, dry erase board, and markers
Responsibilities of the Training Provider:
* Laptop
* Presentation & training aids
* Professional instruction
Notice to Respondents:
All responses to this solicitation shall become property of the City of Santa Ana, and responses will
become public record affer issuance of Purchase Order. Proposer information identified as
proprietary information shall be maintained confidential, to the extent allowed under the California
Public Records Act.
A. Contractor shall conduct training courses at various locations/venues within the ASAUA.
B. Contractor shall prepare course flyers, register attendees, record attendance by signed roster,
provide certificates of completions, and verify course completion by the participants.
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CITY OF SANTA ANA
C. Contractor shall prepare and present specified training courses. Course material shall be available
at the time the training is provided for each of the training courses the proposer has outlined in their
proposal.
D. All training courses presented must meet state and federal guidelines and be approved by Cal OES
and DHS for reimbursement under the Homeland Security Grant Program prior to delivery. Refer to
the Cal OES website at: http://www.caloes.ca.qov/cal-oes-divisions/california-specialized-traininq-
institute and the DHS website at: https://www.fema.qov/traininq for further information regarding
state and federal guidelines for Department of Homeland Security grants. If any portion of the
training course occurs outside of the classroom, an Environmental & Historic Preservation (EHP)
approval must be obtained from FEMA/Cal OES prior to delivery of the course. The EHP approval
is location specific and if an EHP approval is required, one must be obtained for each location where
the course is delivered. lt shall be the responsibility of the Proposer to complete all of the forms and
documentation necessary to obtain the required approvals. The ASAUA Homeland Security
Regional Training and Exercise Program Manager will assist the Proposer with the submission of
the requests for approval. The City shall not be billed for any costs associated with obtaining these
approvals.
E. Contractor shall provide all required training material, handouts, course syllabus and/or written
curriculum.
F. Contractor shall collect written survey comments/course evaluations from participants at the
conclusion of every course offered. Survey/course evaluations will be conducted in a manner
specified by the City. A standardized course survey form will be provided to the successful
proposers. A record of responses shall be maintained throughout the term of the agreement by
Contractor, and organized by training course, date, instructor, etc. Frequently mentioned comments
shall be reported to City Project Manager. Electronic reporting shall be made available to the City
upon request.
G. The City reserves the right to cancel training courses with fourteen (14) calendar days' notice of
delivery date. City shall not be charged for the class, travel costs, or training materials by Contractor
iT cancellation occurs within this period.
H. Contractor shall provide and assign high quality instructors on a consistent basis to deliver the
specified courses.
I. All instructors shall use the methods suggested by the training protocols established, such as
maintaining and updating each training syllabus; introducing and following objectives for each class;
completing training as described; and utilizing training aids such as audio/visual systems.
J. Contractor and all its instructors shall provide immediate feedback to the City via the ASAUA
Homeland Security Regional Training and Exercise Program Manger regarding all customer
requests for new or additional services or to file complaints.
K. Contractor will be paid for services rendered. Training days are generally eight (8) hours long (e.g.
8AM-5PM), including a one (1) hourlunch break. Schedule should include regular breaks on a 50/10
break ratio - for every fifty (50) minutes of instruction, there should be a ten (10) minute break. Half
days are defined as four (4) hours or less of curriculum.
L. Training venues may be provided by the City or by hosting agencies based on the needs of the
course. Contractor must be able to secure training sites at any of the jurisdictions within the ASAUA.
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M. All Contractor-developed courses must be approved by California Office of Emergency Services (Cal
OES) for reimbursement under the Homeland Security Grant Program prior to delivery. It is the
responsibility of the Contractor to prepare all forms and documentation necessary to obtain all course
approvals at its cost. The ASAUA Homeland Security Regional Training and Exercise Program
Manager will assist Contractor with the submission of the requests for approval. The City shall not
be billed for any costs associated with obtaining these approvals.
N. The anticipated start date of this agreement is Summer of 2023. Usage under this agreement will
begin at this time.
0. Depending on the training or exercise, Contractor's instructors and courses may be required to be
California Peace Officer Standards & Training (POST) certified or California State Fire Marshal
approved. It shall be the responsibility of the Contractor to obtain all POSTcertifications and
California State Fire Marshal course approvals at its cost. The ASAUA Homeland Security Regional
Training and Exercise Program Manager will assist Contractor with the submission of the requests
for certifications and approval. The City shall not be billed for any costs associated with obtaining
these certifications and approvals.
P. A list of "approved" courses is available from Cal OES at www.caloes.ca.qov and a list of Federal
Emergency Management Agency (FEMA) approved classes is available at www.fema.qov/traininq
Q. Contractors are responsible for providing all course materials and delivering it to the site(s) of all
training at their cost.
R. Contractor must work with the ASAUA Homeland Security Regional Training and Exercise Program
Manager and requesting agencies to coordinate the training calendar and venue.
S. When required, Contractor must obtain the applicable certifications for developed courses before
training begins. The need for certification will be determined by the ASAUA Training & Exercise
Program Manager. It shall be the responsibility of the Contractor to complete all forms and
documentation necessary to obtain the required certifications at its cost. The ASAUA Homeland
Security Regional Training and Exercise Program Manager will assist the Proposer with the
submission of the requests for certification. The City shall not be billed for any costs associated with
obtaining these certifications.
T. Contractor will be required to obtain Emergency Medical Association (EMA) or Emergency
Management Institute (EMI) certification on developed courses at its cost if the course content
contains materials that require state and/or federal certification. The ASAUA Homeland Security
Regional Training and Exercise Program Manager will assist the Contractor with the submission of
the requests for certification. The City shall not be billed for any costs associated with obtaining
these certifications.
U. Contractor may not charge the City for materials brought to the class that are not utilized.
V. Proposers may be selected to provide training based on their expertise within a specific discipline.
* G-775: EOC Management and Operations
W. Contractors shall ensure that training participants are members of agencies or organizations located
or operating within the ASAUA, or have been approved by the ASAUA Training & Exercise Program
Manager or his designee.
23-110A G-775 EOC Management & Operations Training Services Page 19 of 42
CITY OF SANTA ANA
X. Contractor shall ensure that, when required, an Environmental Historic Preservation (EHP) approval
has been issued to the ASAUA before delivery of the training course. It shall be the responsibility of
the Proposer to complete all forms and documentation necessary to obtain the required EHP
approvals at its cost. The ASAUA Homeland Security Regional Training and Exercise Program
Manager will assist Contractor with the submission of the requests for approval. The City shall not
be billed for any costs associated with obtaining these approvals.
2. DELIVERABLES / REPORTS FOR TRAINING COURSES
A. Course Surveys / Evaluations
1. Course surveys/evaluations results will be tabulated and scored by Contractor. Summary of
the results will be provided to the ASAUA Training & Exercise Program Manager.
2. Completed course survey/evaluation forms will be provided to the ASAUA Training & Exercise
Program Manager within 30 days of delivery of the training course.
B. Contractor must provide course flyers for all training courses to be delivered at its cost.
C. Contractor must provide to the ASAUA Training & Exercise Program Manager all rosters and
sign-in sheets upon completion of the training course for all training courses delivered. Contractor
shall maintain a record of all original and electronic copies of all sign-in sheets.
D. Contractor shall provide certificates of completion to all students that successfully complete a
training course at the conclusion of the training course and provide copies of the certificates to the
ASAUA Training & Exercise Program Manager within 30 days of delivery of the training course.
Contractor shall maintain a record of all certificates provided students.
QUANTITIES FOR TRAINING COuRSES
Quantities listed herein are estimates and are not to be construed as a commitment. No minimum or
maximum is guaranteed or implied.
II. PRICING FOR TRAINING COURSES
A. Unless otherwise stated, Proposer agrees that, in the event of a price decline, the benefit of such
lower price shall be extended to the City.
B. All prices are to be F.O.B. destination. Any freighUdelivery charges are to be included.
C. All prices quoted shall be in United States dollars and "whole cent," no cent fractions shall be used.
There are no exceptions.
D. Pricing shall include any and all payment incentives available to the City.
E. Proposers are advised that in the evaluation of costs, if applicable, it will be assumed the unit price
quoted is correct in the case of a discrepancy between the unit price and an extension.
F. Federal and State minimum wage laws apply. The City has no requirements for living wages. The
City is not imposing any additional requirements regarding wages.
Ill AWARD FOR TRAINING COURSES
23-110A G-775 EOC Management & Operations Training Services Page 20 of 42
CITY OF SANTA ANA
A. City reserves the right to reject any or all responses that materially differ from any terms contained
in this RFP, from any Exhibits attached hereto, or from any subsequent addenda; to waive
informalities and minor irregularities in responses received; and to provide an opportunity for
Proposers to correct minor and immaterial errors contained in their submissions. The decision as to
what constitutes a minor irregularity shall be made solely at the discretion of the City.
B. The City reserves the right to award an agreement to a single Proposer or multiple Proposers.
C. The City has the right to decline to award an agreement or any part thereof for any reason.
D. City Council approval to award an Agreement pursuant to this RFP will be required.
E. Any agreement must be negotiated, finalized, and approved by the recommend Contractor prior to
City Council approval.
F. RFP specifications, terms, conditions, and Exhibits, RFP Addenda, and Proposals, may be
incorporated into and made a part of any agreement that may be awarded as a result of this RFP.
IV. INVOICING FOR TRAINING COURSES
A. Proposer shall invoice the City, unless otherwise advised, upon satisfactory receipt of performance
of services.
B. City will use best efforts to make payments within thirty (30) days following receipt and review of
invoice and upon complete satisfactory receipt of performance of services.
C. Invoices shall be emailed to:
Sgt. Ricardo Diaz
Santa Ana Police Department
Email: RDiaz(,santa-ana.orq
D. City shall notify Proposer of any adjustments required to invoices.
E. Invoices shall include, at minimum:
City PO number (if applicable);
Invoice number;
Agreement number;
Remit to address;
Itemized services;
Course description
Pricing as per agreement;
Instructor name;
Number of participants;
Course date(s); and
Shall be accompanied by acceptable proof of delivery.
F. Proposer shall utilize standardized invoices upon request.
V. ACCOUNT MANAGER / SUPPORT STAFF FOR TRAINING COURSES
23-110A G-775 EOC Management & Operations Training Services Page 21 of 42
CITY OF SANTA ANA
A. Proposer shall provide a dedicated, competent Account Manager who shall be responsible for the
City's account / agreement. The Account Manager shall receive all orders from the City and shall
be the primary contact for all issues regarding the Proposer's response to this RFP and any
agreement which may arise pursuant to this RFP.
B, Proposer shall also provide adequate, competent support staff that shall be able to service the City
during the working hours of 7:00AM - 5:00PM PST, Monday through Friday.Such representative(s)
shall be knowledgeable about the agreement, training offered, and able to identify and resolve
quickly any issues included, but not limited to order and invoicing problems.
C. Contractor's Account Manager shall be familiar with City requirements and standards and work with
the City to ensure that established standards are adhered to.
D. Contractor's Account Manager shall keep the City and ASAUA Training & Exercise
Program Manager informed of requests from departments.
23-110A G-775 EOC Management & Operations Training Services Page 22 or 42
EXHIBIT B
IWUPTA
Utility Response Training Associates, LLC
Contents
b. Services Provided .2
Assumptions 2
c. Agreement Statement.....
d. Firm and Team Experience
3
.3
i. Companylnformation..
ii. Company Headquarters and Office Location.
.3
.3
iii. Project Manager..3
iv. Resumes 4
e. Proposed Work Plan 4
i. Approach..4
ii. Suggestions or concerns..4
iii. Deliverables and implementation plan .4
Cost Proposal..
Vll Certifications.
5
.6
URTA, LLC Resumes..................................................................................................................................... 14
b. Services Provided
URTA, LLC will provide up to ten CSTI Certified G-775 courses, The first class will be no later than January
31, 2024.
* NumberofDeliveriesBeingRequested:Uptol0
* Number of Students per Delivery: Minimum of 16 students
URTA will provide:
* Two CSTI Certified Instructors
* All course printed materials
* A laptop with course presentation materials on it.
URTA maintains several staff members in Southern California to support City training. We can
also meet in person or virtually on short notice.
Assuin ptions
The City of Santa Ana and the Anaheim/Santa Ana Urban Area City will provide:
* Classroom with space to arrange students in groups.
* Audio/Visual Equipment
URTALLC- p.o. Box 101, Oak View, CA 93022
WWUPTA
Utility Response Training Associates, LLC
* Multiple easels, dry erase board, and markers
@ Responsibilities of the Training Provider:
* Classroom logistics to City desired standards to include drinking water, coffee and any other
normal materials.
URTALLC- P.0. Box 101, Oak View, CA 93022
mWUPTA
Utility Response Training Associates, LLC
Contents
b. Services Provided 2
Assumptions..2
c. Agreement Statement..3
d. Firm and Team Experience..3
i. Company Information.......
ii. Company Headquarters and Office Location.
3
3
iii. Project Manager..3
iv. Resumes .4
e. Proposed Work Plan .4
i. Approach .4
ii. Suggestions or concerns......
iii. Deliverables and implementation plan
.4
4
Cost Proposal.
Vll Certifications.
.5
6
URTA, LLC Resumes.. 14
b. Services Provided
URTA, LLC will provide up to ten CSTI Certified G-191: ICS/EOC Interface Workshops, The first class will be
no later than January 31, 2024.
* Number of Deliveries Being Requested: Up to 10
* Number of Students per Delivery: Minimum of 16 students
URTA will provide:
* Two CSTI Certified Instructors
* All course printed materials
* A laptop with course presentation materials on it.
* URTA maintains several staff members in Southern California to support City training. We can
also meet in person or virtually on short notice.
Assumptions
The City of Santa Ana and the Anaheim/Santa Ana Urban Area City will provide:
* Classroom with space to arrange students in groups.
* Audio/Visual Equipment
URTALLC- p.o. Box 101, Oak View, CA 93022
!WUPTA
Utility Response Training Associates, LLC
* Multiple easels, dry erase board, and markers
* ResponsibilitiesoftheTrainingProvider:
* Classroom logistics to City desired standards to include drinking water, coffee and any other
normal materials.
URTALLC- p.o. Box 101, Oak View, CA 93022
mWUPTA
Utility Response Training Associates, LLC
Cost Proposal
The all-inclusive proposed cost for RFP 23-112A is:
Virtual courses
* Single delivery in a virtual format with electronic course materials provided- 53,500.
* Ten deliveries in a virtual format with electronic course materials provided- S35,000.
In-Person courses
* Single delivery in person with printed course materials- !>5,040.
* Ten deliveries in person with printed course materials- S50,400.
This quote is valid until August 23, 2024.
URTALLC- p.o. Box 101, Oak View, CA 93022
mWUQTA
Utility Response Training Associates, LLC
Cost Proposal
The all-inclusive proposed cost for RFP 23-112A is:
Virtual courses
* Single delivery in a virtual format with electronic course materials provided- S7080.
* Ten deliveries in a virtual format with electronic course materials provided- S70,800.
In-Person courses
* Single delivery in person with printed course materials- 58,420.
* Ten deliveries in person with printed course materials- S84,200.
This quote is valid until August 23, 2024.
URTALLC- p.o. Box 101, Oak View, CA 93022