HomeMy WebLinkAboutELITE COMMAND TRAINING CORPORATIONINSURANCE NOT ON FILE A-2024-194
WORK MAY NOT PROCEED
CITY CLERK
DATE: DEC 17 W4
AGREEMENT WITH ELITE COMMAND TRAINING CORPORATION AND
no) CITY OF SANTA ANA TO PROVIDE ASAUA/UASI TRAINING
D:
Jo6c (IMUIC2(*'HIS AGREEMENT is made and entered into on this 19' day of November , 2024, by and
between Elite Command Training Corporation ("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").
RECITALS
A. On December 18, 2023, the City issued Request for Proposals No. 23-187A (RFP), by which
it sought proposals from qualified firms and organizations to provide ICS-300 Intermediate
Incident Command System (ICS) course of instruction, on behalf of the Anaheim/Santa Ana
Urban Area (ASAUA). This program is designed to provide the ASAUA's stakeholders
with the regional training and exercises necessary to meet the goals and objectives set forth
in the ASAUA's Homeland Security Strategy
B. The United States Department of Homeland Security, Federal Emergency Management
Agency, has developed ASAUA to enhance the domestic preparedness of urban areas by
ensuring that first responders have adequate and appropriate equipment and training to
prevent, respond to, and recover from acts of terrorism. ASAUA allocates a set percentage
of its annual United States Department of Homeland Security's Urban Areas Security
Initiative (UASl) grant allocations to fund training and exercises. Training courses and
exercises requested through the ASAUA Homeland Security Regional Training and
Exercise Program will be paid in part or in fall 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.
C. Contractor submitted a responsive proposal that was selected by the City.
D. 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.
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 on -call basis Contractor shall perform during the term of this Agreement, the tasks
and obligations including all labor, materials, tools, equipment, and incidental customary work
required to fully and adequately complete the services described and set forth in Scope of Services
— Exhibit A, provided in the RFP, attached hereto and incorporated by reference.
2. COMPENSATION
a. Contractor shall be paid only for actual services performed under this Agreement at the
rates identified in Contractor's Cost Proposal — Exhibit B. The cost per course
delivery is $10,389. The cost for eight courses and the total amount to be expended
during the term of this Agreement shall not exceed $83,112.
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. City and
Contractor agree that all payments due and owing under this Agreement shall be made
through Automated Clearing House (ACH) transfers. Contractor agrees to execute the
City's standard ACH Vendor Payment Authorization and provide required
documentation. Upon verification of the data provided, the City will be authorized to
deposit payments directly into Contractor's account(s) with financial institutions.
Payment need not be made for work which fails to meet the standards of performance
set forth in the Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above for an initial three (3) year
term with the option for the City to grant up to two (2), one (I) -year renewals, exercisable by a
writing by the City Manager and the City Attorney, unless terminated earlier in accordance with
Section 17, below.
4. PREVAILING WAGES
Contractor is aware of the requirements of California Labor Code Section 1720, et seq.,
and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq.,
("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the
performance of other requirements on "public works" and "maintenance" projects. If the services
being performed are part of an applicable "public works" or "maintenance" project, as defined by
the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to
fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the
City, its elected officials, officers, employees and agents free and harmless from any claim or
liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
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. 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
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, 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 legal right to license any and all
Documents & Data. Contractor makes no such representation and warranty in regard to
Documents & Data which 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.
INSURANCE
Contractor shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property which 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
01covering 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 and $2,000,000 aggregate. Required policy limits can be met
with primary and umbrella/excess insurance policies.
2. Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1
(any auto), with limits no less than $1,000,000 combined single limits. In the event
Consultant does not maintain commercial automobile liability insurance, City will accept
evidence of personal automobile insurance.
3. Workers' Compensation (W/C): 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, policy or employee, for bodily injury or disease. Coverage is not required if
Consultant has no employees and signs request to waive such insurance.
4. Professional Liability Insurance (PL): with limits no less than $2,000,000 per occurrence
or claim, and $4,000,000 aggregate.
If Contractor maintains broader coverage and/or higher limits than the minimum requirements for
each line of coverage shown above, City shall be entitled to the broader coverage and/or the higher
limits maintained by Contractor. Where the policy limits are greater than those listed by this
Agreement, the amounts provided by the certificates of insurance shall be incorporated by
reference in to the Agreement.
Other Insurance Provisions
The above required insurance policies are to contain or be endorsed to contain the following
provisions:
1. City, its City Council, its officers, officials, employees, agents, and volunteers are to
be covered as additional insureds, under Contractor's CGL, PL, and AL policies, with
respect to any liability arising out of work or operations performed by or on behalf of
the Instructor including materials, parts, equipment, and personnel furnished in
connection with such work or operations.
2. Contractor and it's Insurance company(ies) agrees to waive all rights of subrogation
against City, its City Council, its officers, officials, employees, agents, and volunteers
for losses paid under the terms of the CGL, AL, PL, and W/C policies, arising from
work performed by Contractor under this Agreement.
3. For any claims related to this contract, Contractor's insurance coverage shall be
primary and any insurance maintained by City, its City Council, its officers, officials,
employees, agents, or volunteers shall not contribute with it.
4. A severability of interest provision must apply for all the additional insureds, ensuring
that Contractor's insurance shall apply separately to each insured against whom a claim
is made or suit is brought, except with respect to the insurer's limits of liability.
5. Insurance policies required herein shall provide that coverage shall not be canceled,
suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or
materially changed except after thirty (30) days prior written notice has been given to
City. Ten (10) days prior written notice shall be provided to City for policy cancellation
or non -renewal due to non-payment of premium.
6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa
Ana, Attention: City Attorney's Office, 20 Civic Center Plaza, Santa Ana, CA 92701.
The name and location of project must be included in the Description of Operations
section of each certificate.
Self -Insured Retentions
Self -insured retentions must be declared to and approved by the City. The City may require the
Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses
and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the State of California
with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City.
Verification of Coverage
Contractor shall furnish 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 before work begins. However, failure to obtain the required documents prior
to the work beginning shall not waive Contractor's obligation to provide them.
City reserves the right to require complete, certified copies of all required insurance policies,
including endorsements required by these specifications, at any time.
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 harmless the City, its officers,
agents, employees, contractors, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the
negligent operations of the Contractor, its subcontractors, agents, employees, or other persons
acting on its behalf which relates to the services described in section 1 of this Agreement; and (2)
from any claim that personal injury, damages, just compensation, restitution, judicial or equitable
relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and
hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial
or equitable relief suffered, or alleged to have been suffered, by reason of the events 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 asserting 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. 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 of three (3) years, or for any longer period required by
law, from the date of final payment to Contractor under this 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.
11. 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
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any
information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the
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.
12. CERTIFICATIONS
The funds used to pay for this Agreement will be partly comprised of federal grant funds.
Consultant agrees and understands that it will comply with the terms of the Certifications attached
hereto as Attachment A-Proposer's Certification, Proposal Pricing, Attachment B-References,
Attachment C-Proposer's Statement, Attachment D-Non-Collusion Affidavit, Attachment E-
Non-Lobbying Certification, Attachment F-Non-Discrimination Certification, Attachment G-
SAM.GOV EUI Verification, Attachment H-Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions, incorporated by reference
into this Agreement. Contractor may be referenced as Consultant, Participant or Proposer in
Attachments A-H. Contractor shall keep itself informed of all City, State and Federal laws and
regulations which may, in any manner, affect the performance of it services pursuant to this
Agreement. Contractor shall at all times, observe and comply with all such laws and regulations.
City and its officers and employees shall not be liable at law or in equity by reason of the failure
of the Consultant to comply with this paragraph.
13. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interests and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified under this
Agreement.
14. 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
information, or military and veteran status, age, national origin, ancestry, or disability, as defined
and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization,
promotion, termination or other employment related activities or any services provided under this
Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all
applicable federal, state and local laws and regulations.
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 this Agreement and any attachments hereto, the terms
of this Agreement shall prevail. This Agreement may not be modified except by written instrument
signed by the City and by an authorized representative of Contractor. The parties agree that any
terms or conditions of any purchase order or other instrument that are inconsistent with, or in
addition to, the terms and conditions hereof, shall not bind or obligate 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 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. 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
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 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
performance specified in the Recitals of this Agreement.
18. 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.
19. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California. Both parties further agree that
Orange County, California, shall be the venue for any action or proceeding that may be brought or
arise out of, in connection with or by reason of this Agreement.
20. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. 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 termination of this Agreement.
21. FEDERAL REGULATIONS
Elite Command Training Corporation shall comply with all applicable contractual
provisions required by the United States Office of Management and Budget (OMB), as set for the
in 2 CRF Part 200, whether or not expressly set forth in this document, including but not limited
to those provisions set forth below. Notwithstanding, anything to the contrary herein, including
without limitation , the language in this Agreement, the actual language contained in federal
statutes, federal regulations, federally promulgated materials and state statutes, shall control in
determining any obligations under federal law in the event of a conflict with any terms, language
or provisions contained in this Agreement. Elite Command Training Corporation shall not perform
any act, fail to perform any act, or refuse to comply with any requests, which would cause City to
be in violation of the federal terms and conditions.
a. Federal Regulations — Recipient must comply with the government cost principles, uniform
administrative requirements and audit requirements for federal grant program housed within Title
2, Part 180 of the Code of Federal Regulations.
b. Debarment and Suspension — As required by Executive Orders 12549 and 12689, and 2
CFR §200.214 and codified in 2 CFR Part 200, Recipient must provide protection against waste,
fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings
with the Federal government.
C. Audit Records — With respect to all matters covered by this agreement all records shall be
made available for audit and inspection by CITY, the grant agency and/or their duly authorized
representatives for a period of three (3) years from the date of submission of the final expenditure
report by the City of Santa Ana. For a period of three years after final delivery hereunder or until
all claims related to this Agreement are finally settled, whichever is later, Recipient shall preserve
and maintain all documents, papers and records relevant to the services provided in accordance
with this Agreement, including the Attachments hereto. For the same time period, Recipient shall
make said documents, papers and records available to City and the agency from which City
received grant funds or their duly authorized representative(s), for examination, copying, or
mechanical reproduction on or off the premises of Recipient, upon request during usual working
hours.
d. Reports — Recipient shall provide to City all records and information requested by City for
inclusion in quarterly reports and such other reports or records as City may be required to provide
to the agency from which City received grant funds or other persons or agencies.
e. Section 504 of the Rehabilitation Act of 1973 (Handicapped) — All recipients of federal
funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the
federal funds recipient pursuant to the requirements of The Act hereby gives assurance that no
otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the
participation in, be denied the benefits of or be subject to discrimination, including discrimination
in employment, in any program or activity that receives or benefits from federal financial
assistance. The Recipient agrees it will ensure that requirements of The Act shall be included in
the agreements with and be binding on all of its contractors, subcontractors, assignees or
successors.
f. Americans with Disabilities Act of 1990 — (ADA) Recipient must comply with all
requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable.
g. Political Activity —None of the 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, or attempt to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with any federal action concerning the award or renewal of any federal contract, grant,
loan, or cooperative agreement.
i. Non -Discrimination and Equal Opportunity — Recipient will comply, and all its contractors
(or subrecipients) will comply, with Title VI of the Civil Rights Act of 1964, as amended; Section
504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with
Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age
Discrimination Act of 1975, as amended; Drug Abuse Office and Treatment Act of 1972, as
amended; Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970, as amended; Section 523 and 527 of the Public Health Service Act of
1912, as amended; Title VIII of the Civil Rights Act of 1968, as amended; Department of Justice
Non -Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of
Justice regulations on disability discrimination, 28 CFR Part 35 and 39. hi the event a Federal or
State court, Federal or State administrative agency, or the Recipient makes a finding of
discrimination after a due process hearing on the grounds of race, color, religion, national origin,
sex, or disability against a recipient of funds, the Recipient will forward a copy of the findings to
CITY which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice
Programs, U.S. Department of Justice. If applicable, recipient will comply with the equal
opportunity clause in 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended
by Executive Order No. 11375.
j. Equal Employment Opportunity — Recipient will comply, and all its contractors (or
subrecipients) will comply, with all requirements of the Executive Order 11246 of September 24,
1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of
October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60),
as applicable.
k. Public Contracts Code — Recipient will comply, and all its contractors (or subrecipients)
will comply, with all requirements of the California Public Contract Code Section 10295.3, as
applicable.
1. Copeland "Anti -Kickback" Act — Recipient will comply, and all its contractors (or
subrecipients) will comply, with all requirements of the Copeland "Anti -Kickback" Act (40 U.S.C.
3145) as supplemented in Department of Labor regulations (29 CFR Part 3), as applicable.
in. David -Bacon Act — Recipient will comply, and all its contractors (or subrecipients) will
comply, with all requirements of the Davis -Bacon Act (40 U.S.C. 3141-3144 and 3146-3148) as
supplemented by Department of Labor regulations (29 CFR Part 5), as applicable.
n. Work Hours and Safety — Recipient will comply, and all its contractors (or subrecipients)
will comply, with all requirements of Sections 103 and 107 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 3702 and 3704) as supplemented by Department of Labor regulations
(29 CFR Part 5), as applicable.
o. Clean Air Act — Recipient will comply, and all its contractors (or subrecipients) will
comply, with all applicable standards, orders or requirements issued under the Clean Air Act (42
U.S.C. 7401-7671q), and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as
applicable.
P. Energy and Conservation — Recipient will comply, and all its contractors (or subrecipients)
will comply, with all requirements of the Energy Policy and Conservation Act (42 U.S.C. 6201),
as applicable.
q. Waste Disposal — Recipient will comply, and all its contractors (or subrecipients) will
comply, with all requirements of Section 6002 of the Solid Waste Disposal Act, as amended by
the Resource Conservation and Recovery Act, as applicable.
r. Patent Rights — Recipient agrees that the Department of Homeland Security shall have the
authority to seek patent rights for any process, product, invention or discovery developed and paid
for with funding through this Agreement based on the requirements of 37 CFR§ 401 and any other
implementing regulations, as applicable.
S. 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. Equal Employment in Construction Contracts — Pursuant to Equal Employment
Opportunity requirements of 41 C.F.R. 60-1,4(b) in accordance with Executive Order 11246 as
amended by Executive Order No. 11375, as to any construction contract thereunder, if applicable,
during the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because
of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor
will take affirmative action to ensure that applicants are employed, and that employees are treated
during employment without regard to their race, color, religion, sex, sexual orientation, gender
identity, or national origin. Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the provisions of this
nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf
of the contractor, state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or
applicant for employment because such employee or applicant has inquired about, discussed, or
disclosed the compensation of the employee or applicant or another employee or applicant. This
provision shall not apply to instances in which an employee who has access to the compensation
information of other employees or applicants as a part of such employee's essential job functions
discloses the compensation of such other employees or applicants to individuals who do not
otherwise have access to such information, unless such disclosure is in response to a formal
complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including
an investigation conducted by the employer, or is consistent with the contractor's legal duty to
furnish information.
(4) The contractor will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, a notice to be provided
advising the said labor union or workers' representatives of the contractor's commitments under
this section, and shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of September 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his books, records, and accounts by the administering agency
and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this
contract or with any of the said rules, regulations, or orders, this contract may be canceled,
terminated, or suspended in whole or in part and the contractor may be declared ineligible for
further Government contracts or federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions
may be imposed and remedies invoked as provided in Executive Order 11246 of September 24,
1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(8) The contractor will include the portion of the sentence immediately preceding paragraph (1)
and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204
of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon
each subcontractor or vendor. The contractor will take such action with respect to any subcontract
or purchase order as the administering agency may direct as a means of enforcing such provisions,
including sanctions for noncompliance.
U. Prohibition on Certain Telecommunications and Video Surveillance Services or
Equipment— Recipient will comply, and all its contractors (or subrecipients) will comply, with all
requirements under Uniform Guidance 2 CFR §200.216. Recipient will comply with FEMA
Policy 405-143-1, Prohibitions on Expending FEMA Award Funds on Covered
Telecommunications Equipment or Services (Interim), which prohibits grant recipients and
subrecipients from obligating or expending loan or grant funds to procure or obtain, extend or
renew a contract to procure or obtain, or to enter into a contract (or extend or renew a contract) to
procure or obtain equipment, services, or systems that uses covered telecommunications
equipment or services as a substantial or essential component of any system, or as critical
technology as part of any system.
As described in Public Law 115-232, section 889, covered telecommunications equipment:
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation (or any subsidiary or affiliate of such entities).
(2) For the purpose of public safety, security of government facilities, physical security
surveillance of critical infrastructure, and other national security purposes, video surveillance and
telecommunications equipment produced by Hytera Communications Corporation, Hangzhou
Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or
affiliate of such entities).
(3) Telecommunications or video surveillance services produced by such entities or using such
equipment.
(4) Telecommunications or video surveillance equipment or services produced or provided by an
entity that the Secretary of Defense, in consultation with the Director of the National Intelligence
or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned
or controlled by, or otherwise connected to, the government of a covered foreign country.
V. Domestic Preferences for Procurements/Subcontracts — Recipient will comply, and all its
contractors (or subrecipients) will comply, with all requirements under Uniform Guidance 2 CFR
§200.322.
Recipient shall comply with the federal and recipient standards in the award of any subcontracts.
For purposes of this Agreement, subcontracts shall include but not be limited to purchase
agreements, rental or lease agreements, third party agreements, consultant service contracts and
construction subcontracts.
Recipient shall ensure that the terns of this Agreement with the CITY are incorporated into all
Subcontractor Agreements. The recipient shall submit all Subcontractor Agreements to the CITY
for review prior to the release of any funds to the subcontractor. The recipient shall withhold funds
to any subcontractor agency that fails to comply with the terms and conditions of this Agreement
and their respective Subcontractor Agreement.
(1) Recovered Materials
Recipient shall make maximum use of products containing recovered materials that are EPA -
designated items unless the product cannot be acquired competitively within a timeframe
providing for compliance with the contract performance schedule; Meeting contract performance
requirements; or at a reasonable price.
Information about this requirement, along with the list of EPA -designated items, is available at
EPA's Comprehensive Procurement Guidelines webpage:
https://www. epa.gov/sinm/coinprehensive-procurement-guideline-cpg-program.
The Contractor also agrees to comply with all other applicable requirements of Section 6002 of
the Solid Waste Disposal Act.
(2) Domestic Preference for Procurements
Recipient should, to the greatest extent practicable, provide a preference for the purchase,
acquisition, or use of goods, products, or materials produced in the United States. This includes,
but is not limited to iron, aluminum, steel, cement, and other manufactured products.
For purposes of this clause:
Produced in the United States means, for iron and steel products, that all manufacturing processes,
from the initial melting stage through the application of coatings, occurred in the United States.
Manufactured products mean items and construction materials composed in whole or in part of
non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl
chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
W. Termination for Cause and Convenience — Should recipient fail for any reason to comply
with the contractual obligations of this agreement within the time specified by this Agreement, the
CITY reserves the right to terminate the Agreement, reserving all rights under state and federal
law.
X. Contractual/Legal Remedies for Breach of Contract — Should recipient fail for any reason
to comply with the contractual obligations of this Agreement and/or willfully, knowingly or
negligently breach any term, condition or requirement of the agreement, City may impose
sanctions including but not limited to damages (liquidated damages and or penalties) and /or any
other remedy available pursuant to the Agreement of the laws then in effect.
22. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed by
first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in
the manner provided in this Section, to the following persons:
To City:
City 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 Ana
20 Civic Center Plaza (M-96)
P.O. Box 1988
Santa Ana, California 92702
To Contractor:
Michael Bryant, Deputy Chief
Elite Command Training Corporation
26741 Portola Parkway, Ste. lE #833
Foothill Ranch, CA 92610
clite@elitecommandtraining.com
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by fax, communication shall be effective or deemed to have
been given twenty-four (24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating these
time frames, weekends, federal, state, County or City holidays shall be excluded.
23. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of
this Agreement, and shall indemnify City fully, including reasonable costs and
attorney's fees, for any injuries or damages to City in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
[Signatures on following page]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year fast
above written.
ATTEST:
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
Byag
TAMARA BOGOSIAN
Senior Assistant City Attorney
RECOMMENDED FOR APPROVAL:
ROBERT RODRIGUEZ
Acting Chief of Police
CITY OF SANTA ANA
ALVARO NUNEZ
City Manager
ELITE COMMAND TRAINING
CORPORATION
Michael Bryant
By:
Title: Deputy Chief, Ops Manager
EXHIBIT A
CITY OF SANTA ANA
EXHIBIT I
SCOPE OF SERVICES
I. REQUIREMENTS
A. The specific requirements of this RFP have been listed in Section II.
II. TRAINING COURSE(S)
A. ASAUA requires seminars, training courses in the following specific disciplines:
Training Request for: ICS-300 Intermediate Incident Command System (ICS)
III. MINIMUM REQUIREMENTS
A. Availability to conduct up to a total of eight (8) deliveries of the training by the end of the
term of the contract.
B. The first training must be conducted no later than June 30, 2024.
i. Course Name: ICS-300 Intermediate Incident Command System (ICS)
ii. Course Description: This course provides training and resources for personnel
who require advanced knowledge and application of the ICS. This course
expands upon information covered in the ICS-100 and ICS-200 courses.
iii. Number of Deliveries Being Requested: Up to 8
iv. Number of Students per Delivery: Minimum of 20 students
C. Responsibilities of the City of Santa Ana and the Anaheim/Santa Ana Urban Area:
i. Classroom with space to arrange students in groups
ii. AudioNisual Equipment
ii. Multiple easels, dry erase board, and markers
D. Responsibilities of the Training Provider:
i. Laptop
ii. Presentation & training aids
iii. Professional instruction
E. Notice to Respondends:
i. 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.
RFP 23-187A City of Santa Ana Page 19 of 47
CITY OF SANTA ANA
ii. Contractor shall conduct training courses at various locations/venues within the
ASAUA.
iii. Contractor shall prepare course flyers, register attendees, record attendance by
signed roster, provide certificates of completions, and verify course completion
by the participants.
iv. 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.
v. 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.gov/cal-oes-divisions/california-specialized-traininq-institute and
the DHS website at: https://www.fema.gov/training 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.
vi. Contractor shall provide all required training material, handouts, course syllabus
and/or written curriculum
vii. 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
viii. 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.
ix. 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.
x. Contractor shall provide and assign high quality instructors on a consistent basis
to deliver the specified courses.
RFP 23-187A City of Santa Ana Page 20 of 47
0 CITY OF SANTA ANA
A. 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.
xii. 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.
xiii. 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 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.
xiv. Training venues maybe 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.
xv. 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.
xvi. The anticipated start date of this agreement is Summer of 2024. Usage under
this agreement will begin at this time.
xvii. 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.
xviii. A list of "approved" courses is available from Cal OES at www.caloes.ca.gov and
a list of Federal Emergency Management Agency (FEMA) approved classes is
available at www.fema.gov/training
xix. Contractors are responsible for providing all course materials and delivering it to
the site(s) of all training at their cost.
xx. Contractor must work with the ASAUA Homeland Security Regional Training and
Exercise Program Manager and requesting agencies to coordinate the training
calendar and venue.
RFP 23-187A City of Santa Ana Page 21 of 47
CITY OF SANTA ANA
xxi. 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.
xxii. 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.
xxiii. Contractor may not charge the City for materials brought to the class that are not
utilized.
xxiv. Contractor may not charge the City for materials brought to the class that are not
utilized.
xxv. Proposers may be selected to provide training based on their expertise within a
specific discipline:
1. ICS-300: Intermediate Incident Command System (ICS)
xxvi. 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.
xxvii. 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.
IV. DELIVERABLES / REPORTS FOR TRAINING COURSES
A. Course Surveys / Evaluations
i. 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.
RFP 23-187A City of Santa Ana Page 22 of 47
ii. 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.
V. QUANTITIES FOR TRAINING COURSES
A. Quantities listed herein are estimates and are not to be construed as a commitment. No
minimum or maximum is guaranteed or implied.
VI. 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 freight/delivery 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.
VII.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.
RFP 23-187A City of Santa Ana Page 23 of 47
(a CITY OF SANTA ANA
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.
Vill. 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(a)santa-ana.org
D. City shall notify Proposer of any adjustments required to invoices.
E. Invoices shall include, at minimum:
i. City PO Number (If applicable)
ii. Invoice number
iii. Agreement number
iv. Remit to address
v. Itemized services
vi. Course description
vii. Pricing as per agreement
viii. Instructor name
ix. Number of participants
x. Course date(s), and
A. Shall be accompanied by acceptable proof of delivery
F. Proposer shall utilize standardized invoices upon request.
IX. ACCOUNT MANAGER/SUPPORT STAFF FOR TRAINING COURSES
RFP 23-187A City of Santa Ana Page 24 of 47
uBF
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:OOAM — 5:OOPM 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.
RFP 23-187A City of Santa Ana Page 25 of 47
EXHIBIT B
7 �,-7
C'OMM.LIND TR.e$INING
RFP NO.23-187A January11, 2024
Anaheim/Santa Ana UASI
ICS-300 Training Services
2. COST PROPOSAL
ICS-300 Trainine Services per course delivery $1
Pricing Proposal valid for one hundred eighty (180) days.
12522 North Nine Mile Falls Road, Suite 355 -Nine Mile Falls, WA 99026 626-290-6007
www.elitecommanduaining.mm 22
AJ9A!M1WWMMJFME!r WAJ9
4CXWW1W.44lVZD 7WAXI IVG
October 10, 2024
Megan Ornelas
City of Santa Ana Buyer
Sent via: mornelas@santa-ana.org
Request for Extending Pricing ICS 300 Training - Anaheim / Santa Ana UASI Regional
Training and Exercise Program
Elite Command Training will agree to extend the original pricing for the ICS 300 Intermediate
training series courses.
If you have any questions or need to contact me, please do so at the number below.
Very truly yours,
MICHAEL BRYANT, DEPUTY CHIEF (ret.)
Project Manager - Elite Command Training LLC
26741 Portola Parkway, Ste. 1 E #833
Foothill Ranch, Ca. 92610
Email: elite(a-)elitecommandtraining.com
Phone: 626-290-6007
CITY OF SANTA ANA
ATTACHMENT A
PROPOSER'S CERTIFICATION, PROPOSAL PRICING
Certification -I certify that I have read, understand and agree to the terms and conditions of this Request
for Proposals. I have examined the Scope of Services (Exhibit 1) and am qualified to provide services
being requested as specified herein. I understand and agree that I am responsible for reporting any
errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal.
PROPOSER'S STATEMENT: I have read, understood and agree to the terms and conditions on all
pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the
City in accordance with said terms and conditions.
Elite Command Training Corp 626-290-6007
LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS
12522 N Nine Mile Falls Road #355, Nine Mile Falls, WA 99026
BUSINESS ADDRESS
Michael Bryant
Operations Manager
PRINTED NAME OF AUTHORIZED AGENT TITLE
a- 1 /5/2024
elite@elitecommandtraining.com
SIGNATURE OF AUTHORIZED AGENT
45-2450884
FEDERAL ID NUMBER (IF APPLICABLE)
DATE E-MAIL ADDRESS
CONTRACTOR LICENSE NUMBER
(IFAPPLICABLE)
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
City of Santa Ana
Page 38 of 47
23
CITY OF SANTA ANA
ATTACHMENT B
REFERENCES
List and describe fully the contracts performed by your firm which demonstrate your ability to provide the
supplies, equipment or services included in the scope of the proposal specifications. Attach additional
pages if required. The City reserves the right to contact each of the references listed for additional
information regarding your firm's qualifications.
Customer Name: San Francisco Fire Dept Contact Individual: Shayne Kaialoa Deputy Chief
Address: 2310 Folsom Street
San Francisco, CA 94110
Contract Amount: $35,000
Number: 415-970-2000
EMAIL: shayne.kaialoa@sfgov.org
Year: 2018/19120122
Description of supplies, equipment, or services provided:
ICS 300, 400 for fire & law enforcement personnel, FEMA Command & General Staff courses
Customer Name: San Diego Fire & Rescue Contact Individual: Battalion Chief Willy Melendez
Address: 2580 Kincaid Road
San Diego. CA 92101
Contract Amount: $40,000
Number: 619-909-4180
EMAIL: wmelendez@sandiego.gov
Year: 2018/19/20/22
Description of supplies, equipment, or services provided:
ICS 300, 400 for fire & law enforcement personnel , FEMA Command & General Staff courses
REFERENCE North Net Training Facility Anaheim
Customer Name: Contact Individual: Facility Administrator Tracy McClellan
Address: 1320 N Eastern Avenue East
Los Angeles, CA 90063
Contract Amount: $32,000
Number: 714-978-7304
EMAIL: TMcClellan@anaheim.net
Year: 2018/19/20/22
Description of supplies, equipment, or services provided:
ICS 300 & 400 for fire law, EOC and City of Anaheim/Orange/Fullerton personnel
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
RFP 23-187A City of Santa Ana Page 39 of 47
24
wF 1
CITY OF SANTA ANA
ATTACHMENT C
PROPOSER'S STATEMENT
Proposer understands and agrees that this written RFP (or any part thereof specifically designated and
accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer
and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with
her signature and official seal noting hereon the action of approval of the Council, signed by the Executive
Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of
this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or
deposited with the United States Postal Service properly addressed to the proposer with the correct postage
affixed thereto.
Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish
City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays,
Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof
accompanying this proposal shall become the property of the City and shall be considered as payment of
damages due to the delay and other causes suffered by City because of the failure to furnish the necessary
bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to
ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned
to the undersigned.
Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth
in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under
the contract will be based upon the actual quantities of work satisfactorily completed.
All terms contained in the specifications, the certification of nondiscrimination by contractors, and the
required insurance certificates are to be incorporated by reference into this agreement and are made
specifically as part of this RFP.
Elite Command Train
Signed and Printed Name: wk,c, 6� a Michael Bryant
Title Operations Manager
Date
January 5, 2024
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
RFP 23-187A City of Santa Ana Page 40 of 47
25
0
CITY OF SANTA ANA
ATTACHMENT D
NON -COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and Public Contract Code Section 7106)
To the CITY OF SANTA ANA
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer
declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation; that the proposal is genuine and not
collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer
to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or
agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from
bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or
to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to
secure any advantage against the public body awarding the contract of anyone interested in the
proposed contract; that all statements contained in the proposal are true; and, further, that the proposer
has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the
contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any
corporation, partnership, company association, organization, bid depository, or to any member or agent
thereof to effectuate a collusive or sham proposal.
Note: The above non -collusion affidavit is part of the proposal. Signing this proposal on the signature
portion thereof shall also constitute signature of this non -collusion affidavit. Proposers are cautioned that
making a false certificapion may subject the certif� to criminal prosecution.
State of UIJ ITS NIC County of
Subscribed and sworn to (or affirmed) before me on this .3 day ofcT 20, by
WyAelLee— YYyG nfi , proved to me on the basis of satisfactory evidence to be the person(s)
who appeare efo _..K...._....CHOt ......
Notary Public Signature
COMM # 2465608 z
ORANGE County
y, w California Notary Public' —
Comm ExP Oct. 5, 2027
Notary Public Seal
THIS FORM MUST BE COMPLETED AND INCLUDED WRH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
RFP 23-187A
City of Santa Ana
Page 41 of 47
KEP
Title of document attached
YOUNG K CHOI
NOTARY PUBLIC
STATE OF CALIFORNIA
JURAT
A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Orange
Subscribed and sworn to (or af(firmedt)--b--eforrpe me on this 3 day of
Ulu t(u _ 202Y by M IC6Y p l d �' l�l
proved to me on the basis of satisfactory evidence to be the person(s) who appeared
before me.
f�.0 •a YOUNG K. Cl•101 �.
'x� COMM # 2465608
3` � ORANGE County
Y
e California Notary public":
;. ;4�p tl�P Comm Exp Oct, 5, 2D27 C
(Seal)
Young K Choi
Commission # 2465608
Commission Expires October 05, 2027
(949) 455-0057 foothill.postandship@gmail.com
27
CITY OF SANTA ANA
ATTACHMENT E
NON -LOBBYING CERTIFICATION
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or
her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any Federal agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in
conformance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into
this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall
require that the language of this certification be included in all lower tier subcontracts, which exceed
$100,000 and that all such subrecipients shall certify and disclose accordingly.
Signed:�
�
Title:
Operations Manager
Firm:
Elite Command Training Corp
Date:
January 5, 2024
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
RFP 23-187A
City of Santa Ana
Page 42 of 47
a]
CITY OF SANTA ANA
ATTACHMENT
NON-DISCRIMINATION CERTIFICATION
The undersigned consultant or corporate officer, during the performance of this contract, certifies as
follows:
The Consultant shall not discriminate against any employee or applicant for employment because of
race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that
applicants are employed, and that employees are treated during employment without, regard to their
race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The Consultant 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 Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of
the Consultant, state that all qualified applicants will receive consideration for employment without
regard to race, color, religion, sex, or national origin.
3. The Consultant shall send to each labor union or representative of workers with which he/she 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 Consultant's commitments under this section,
and shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
4. The Consultant shall 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.
5. The Consultant shall furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his/her 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.
1. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or
with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or
suspended in whole or in part and the Consultant may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with procedures authorized in
Execution 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,
regulations, or order of the Secretary of Labor, or as otherwise provided by law.
2. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and
the provisions of paragraphs (1) through (7) 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 subcontract
RFP 23-187A City of Santa Ana Page 43 of 47
29
CITY OF SANTA ANA
or purchase order as the administering agency may direct as means of enforcing such provisions,
including sanctions for noncompliance; provided, however, that in the event the Consultant becomes
involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction
by the administering agency, the Consultant may request that the United States enter into such
litigation to protect the interests of the United States.
8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as
amended, no discrimination shall be made in the employment of persons upon public works because
of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital
status, or sex of such persons, except as provided in Section 1420, and any consultant of public
works violating this Section is subject to all the penalties imposed for a violation of the Chapter.
Signed: 7/4 �";0I
Title: Operations Manager
Firm: Elite Command Training Corp
Date: January 5, 2024
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
1790*15FY7_1
City of Santa Ana
Page 44 of 47
30
CITY OF SANTA ANA
ATTACHMENT G
SAM.GOV UEI VERIFICATION
On April 4, 2022, the federal government stopped using the DUNS Number to uniquely identify entities.
Now, entities doing business with the federal government use the Unique Entity ID created in SAM.gov.
They no longer have to go to a third -party website to obtain their identifier. This transition allows the
government to streamline the entity identification and validation process, making it easier and less
burdensome for entities to do business with the federal government.
This RFP includes federal funding, and as such, the proposer must provide verification of their SAM.gov
LEI and registration status. Please attach your entity's registration from SAM.gov, including LEI and
active registration status.
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
RFP 23-187A
City of Santa Ana
Page 45 of 47
31
Ill
$AM,GOV°
Entity Workspace Results 1 Total Resu Its
ELITE COMMAND TRAINING CORP
Unique Entity ID: J3W6SEKW73Y8
CAGE/NCAGE:7BL68
Entity Status: Active Registration
Doing Business As:
Physical Address:
17920 N WEST SHORE ROAD UNIT 355
NINE MILE FLS, WA
99026-0753 USA
Expiration Date:
Aug 18, 2024
Purpose of Registration:
All Awards
32
Jan 07, 202411:29:50 PM GMT
From: donotregiy sam_ ov<donotreply sam_ ova
Sevcjuesday Augua22 20234.47AM
To: e8te elRecommaM[minine.�om <elite�efitemmmarbbairi ng com>
Cc: elite eliremmminulmaining_cam <g.com,
Subject: Registration Activated for ELITE COMMAND TRAINING CORP /J3W6SEKW73Y8/ 7BL68 in the U.S. GovemmenCs System for Award Management (SAM)
This email was sent by an automated administrator, Please do not reply to this message.
Dear Michael Bryant,
The registurusi for ELITE COMMAND TRAINING CORP I J3W6SEKW73YB / 7BL68 is now active in We U S. federal govemments System for Award Managemam
(SAM). If you did not provide a Commercial and Government Entity (CAGE) Cede during the registration process, one has been assigned W you by the Defense
Logistics Agency (Di CAGE Program.
To remain eligible to d. business with the federal government, you must tenew your entirys registration in SAM every year. The annual renewal date for the
registration is 2024 084812:10:07 074-
You may invite addidonal users to manage or review your emi y registration by following these steps:
t. Go to httpirli.... gov and log in
2. IRA the Workspace page, scroll down W the User Direcmry.
3. Enter the email address of the user you warn to invite and select Enter or select the email address from thefist.
4. On the nen page, select the Assign Role button in the top right toner of the page.
S. On the Assign Role page, follow Me instructions provided and than adept Send Invitation ar fie bottom of the page.
6. The user will be notified.
All invitees will receive an email message from SAM with instruction on how to complete the process.
Remember, this process is entirely FREE to you. K is FREE to register and maintain your registration in SAM. It is FREE to get help with your registration from our
suppormiq Federal Service Desk at wwwfad.gov or by telephone ar 866-606-8220 (toll free) m 334-206-7828 (internationally).
In addition, if you are bated in the U S. and it. ..lying areas, you can get FREE support Loon your local Procurement Technical Assistance Carrier (PTAC), an
official resource for government contracting assistance. Go to DgpHurvy;,?ptac-US.omj m fiml your ckrse%PTAC.
Thank you.
The System for Award Management (SAM) Administrator
https,/www sam.gov
33
ATTACHMENT H
Certification Regarding
Debarment, Suspension. Ineligibility and Voluntary Exclusion
Lower Tier Covered Transactions
This certification is required by the regulations implementing Executive Order 12549, as amended,
Nonprocurement Debarment and Suspension, 2 CFR Part 2998, Subpart C, Responsibilities of
Participants Regarding Transactions. The regulations were published as Part VII of the May 26, 1988,
Federal Register (Pages 19160-19211), and as subsequently amended in 81 Federal Register 25585.
(Before completing certification, read instructions which are an integral part of certification)
1. Pursuant to 2 CFR 180.335, the prospective primary participant, (i.e. grantee) certifies to the best of
its knowledge and belief, that it and its principals:
a. Are not presently excluded or disqualified;
b. Have not been convicted within the preceding three years of any of the offenses listed in 2
CFR 180.800(a) or had a civil judgment rendered against them for one of those offenses within
that time period.
c. Are not presently indicted for or otherwise criminally or civilly charged by a government
entity (Federal, State or local) with commission of any of the offenses listed in 2 CFR 180.800(a);
and
d. Have not had one or more public transactions (Federal, State or local) terminated within the
preceding three years for cause or default.
2. Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
ct �G�ta� tea. y�-
Consultant
Michael Bryant, Operations Manager
Name and Title of Official Authorized to Certify
On Behalf of the Consultant
January 5, 2024
Date
RFP 23-187A
City of Santa Ana
Page 46 of 47
34