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Item # 12
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 17, 2025
TOPIC: Armored Transport Services
AGENDA TITLE
Agreement with Fortress Armored Services Company for Armored Transport Services
(Specification No. 25-041) (General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Fortress Armored Services
Company to provide armored transport services in an amount not to exceed $104,973,
for a term beginning July 1, 2025 and expiring June 30, 2028, with provisions for two (2),
1-year extensions (Agreement No. A-2025-XXX).
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
The Treasury and Customer Services Division ("TCS") of the Finance and Management
Services Agency ("FMSA") is responsible for the secure collection, storage, and
distribution of City monies, including checks, cash, coins, and other financial items. As
such, the City has ongoing needs for armored transportation services to collect treasury
items for transit and deposit into the City's banking facility. Presently, the City utilizes an
armored vehicle service for picking up and delivering bank deposits at two city locations:
City Hall and the Santa Ana Zoo.
The City's current agreement with its armored transport providers expires June 30, 2025.
To enhance customer service and improve transport reliability, staff initiated a competitive
bidding process. Request for Proposals (RFP) No. 25-041 was issued on March 11, 2025,
on the City's online bid management and publication system. A summary of vendor
participation and results is as follows:
14 Vendors Notified
0 Santa Ana Vendors Notified
6 Vendors Downloaded the RFP Packet
1 Responsive Proposal Received
0 Proposals Received from Santa Ana Vendors
Armored Transport Services
June 17, 2025
Page 2
Proposals were solicited, opened on April 10, 2025, and evaluated. One (1) proposal was
submitted by the RFP deadline, was determined to be responsive to the specifications,
and met the City's requirements. An evaluation committee reviewed the responsive
proposal and rated it according to the criteria listed in the RFP.
Staff recommends awarding an agreement to the only proposer, Fortress Armored
Services Company ("Fortress") (Exhibit 1). The proposal submitted by Fortress was found
to meet the City's needs, offer the best value, and is appropriate for the services
requested. Fortress possesses a strong background and experience, understanding of
the scope of work, and value added customer service. A contingency of $9,540 has been
included to account for unexpected pickups that may occur throughout the year. This
amount also provides flexibility in the event that armored transport services are needed
at additional City facilities in the future.
Local Outreach Efforts
The Purchasing Division advertised this project on the City's online bid management and
publication system, which directly notified zero Santa Ana vendors, as there are no
armored transportation service providers located in Santa Ana. As a result, six (6) vendors
downloaded the RFP packet and one (1) submitted a bid for consideration.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funding is included in the proposed FY 2025-26 budget and funding for subsequent fiscal
years will be incorporated into future proposed budgets for City Council consideration.
Fiscal
Accounting Unit
Fund
Accounting
Year
— Acct #
Description
Unit, Acct
Amount
Description
Three -Year
Base Term
2025-26
01110130-62300
General
Contact Services
$19,382
Fund
Professional
2026-27
01110130-62300
General
Contract Services
$20,163
Fund
Professional
2027-28
01110130-62300
General
Contract Services
$20,955
Fund
Professional
Optional
Two -Year Extensions
2028-29
01110130-62300
General
Contract Services
$21,802
Fund
Professional
2029-30
01110130-62300
General
Contract Services
$22,671
Fund
Professional
Grand Total
$104,973
Armored Transport Services
June 17, 2025
Page 3
EXHIBIT(S)
1. Consultant Agreement with Fortress
2. RFP 25-041
Submitted By: Alex Trinidad, Acting Executive Director, Finance and Management
Services Agency
Approved By: Alvaro Nunez, City Manager
EXHIBIT 1
AGREEMENT FOR ARMORED TRANSPORT SERVICES WITH
FORTRESS ARMORED SERVICES COMPANY AND
THE CITY OF SANTA ANA
THIS AGREEMENT is made and entered into on this 1 sc day of July, 2025 by and between Fortress
Armored Services Company, ("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").
RFC1TALS
A. On March 11, 2025, the City issued a Request for Proposal No. 25-041("RFP") by which
it sought to retain a contractor having the required skill, knowledge, and capacity in
transporting City deposits and money via armored vehicle. The Finance and Management
Services Agency requires utilization and the services of armored vehicle pickup of regular
cash, coin, and check deposits from City Hall, recreation facilities, and other designated
areas to the depository vault location.
B. Contractor submitted a responsive proposal that was selected by the City. Contractor
represents that Contractor is able and willing to provide such services to the City described
in the scope of work that was included in the RFP. The RFP is referenced herein as if
incorporated in full.
C. 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
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,
attached hereto and incorporated by reference.
2. COMPENSATION
a. City agrees to pay, and Contractor agrees to accept as total payment for its services for
City, the rates and charges identified in Compensation - Exhibit B. The total amount
to be expended during the term of this Agreement shall not exceed $104,970, which
includes a 10% contingency.
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
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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 a three (3) year term
with the option for the City to grant up to two 1-year renewals, exercisable by a writing by the
City Manager and the City Attorney, unless terminated earlier in accordance with Section 15,
below.
4. 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.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual 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.
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6. INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall procure
and maintain, and require any subcontractors to obtain and maintain insurance as described below,
for the entire Term of this Agreement against claims for injuries to persons or damage to property
which may arise from or in connection with services, products and materials supplied to City.
Total cost of such insurance shall be borne by Contractor.
MINIMUM SCOPE AND LIMIT OF INSURANCE
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 and $2,000,000 aggregate. Required policy limits can be met
with primary and umbrella/excess insurance policies.
2. Automobile Liability: 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 Contractor
does not maintain commercial automobile liability insurance, City will accept evidence of
personal automobile insurance.
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,
policy or employee, for bodily injury or disease. Coverage is not required if Contractor has
no employees and signs request to waive such insurance.
4. Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or
claim, and $2,000,000 aggregate.
If Contractor maintains broader coverage and/or higher limits than the minimum requirements for
each line of coverage shown above, City requires and shall be entitled to the broader coverage
and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of
the specified minimum limits of insurance and coverage shall be available to City.
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, Professional Liability, and
Automobile Liability policies, with respect to any liability arising out of work or
operations performed by or on behalf of the Contractor including materials, parts,
equipment, and personnel furnished in connection with such work or operations.
2. Contractor'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 any policy which arise from work performed by
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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: Finance & Management Services Agency, City of Santa Ana, 20
Civic Center Plaza (M-15) P.O. Box 1988, Santa Ana, California 92702. 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.
7. 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
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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.
8. 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.
9. 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.
10. 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
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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.
11. 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.
12. 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.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Contractor, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the 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.
14. 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.
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15. 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.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed by
the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or
remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not
similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. 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.
18. 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.
19. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed by
first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in
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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:
Executive Director, Finance & Management
Services Agency
City of Santa Ana
20 Civic Center Plaza (M-15)
P.O. Box 1988
Santa Ana, California 92702
To Contractor:
Anthony Villaflor
Director of Sales
Fortress Armored Services Company
15616 Inglewood Avenue
Lawndale, CA 90260
Fax: (310) 970-9100
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.
20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of
this Agreement, and shall indemnify City fully, including reasonable costs and
attorney's fees, for any injuries or damages to City in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST:
Jennifer L. Hall
City Clerk
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
�__ 1)
By:,q6d,
Andrea Garcia -Miller
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
A —der Trinidad (May 30, 202514:50 PDT)
Alexander Trinidad
Acting Executive Director
Finance & Management Services Agency
CITY OF SANTA ANA
Alvaro Nunez
City Manager
FORTRESS ARMORED SERVICES:
nthoii VILa oY
Anthony Vitlaflorj Pray 29.202515: 3MDT)
Anthony Villaflor
Director of Sales
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EXHIBIT A
SCOPE OF SERVICES
Contractor shall adhere to the following requirements for the duration of this agreement:
Licensing Requirements: The contractor is expected to provide a vehicle capable of safely transporting
the secured deposit bag(s) from the identified City locations to the depository bank location
a. Vehicle Requirements: Car, truck, or van with light armor that is registered with the California
Highway Patrol ("CHP"). Proof of CHP registration must be submitted at the time of contract
execution and renewed on an annual basis.
b. Driver and/or owner of the armored vehicle must be licensed with the Bureau of Security and
Investigative Services (BSIS) and possess a current security guard card. Proof of license must
be submitted at the time of contract execution and renewed on an annual basis.
c. If an armored vehicle is furnished through a subcontractor or lease, the same requirements
apply as mentioned above.
2. Contractor shall be licensed by the State of California to do the work as outlined in this agreement.
Contractor shall obtain and maintain in good standing all applicable permits and licenses required to
perform the services outlined in this agreement. Proof of all permits and licenses must be submitted at
the time of contract execution and renewed on an annual basis.
3. All items and services to be furnished hereunder shall meet all applicable state and federal
requirements of the Occupational Safety Health Standard.
4. Staffing Requirements: All staff employed by the contractor will be properly licensed while
performing deposit pick-ups and drop-offs.
a. Contractor shall provide two (2) personnel in a contractor -furnished armored vehicle that
clearly identifies the firm's name. Personnel must be listed on the record provided to the City
outlining all authorized persons, with photo ID and signature, of who may pick up and sign for
deposits.
b. Staff must be BSIS licensed and provide proof of a current security guard card
c. Staff shall provide proof of a BSIS Firearms Permit
d. Staff must provide a valid California (DMV) driver's license. Contractor's assigned personnel
providing services must not have more than one (1) moving violation during the past two (2)
years. Personnel shall wear uniforms clearly displaying the firm's name and display an
identification card on their person. All personnel shall be qualified, efficient, and trustworthy,
bond, and perform the service in accordance with the recognized best industry practices. All
persons providing service under this agreement shall be employees of the firm. Subcontracted
employees will not be allowed to conduct the deposit transports. Contractor is responsible to
perform any background checks on Contractor's personnel in accordance with agreement
between the City and Contractor.
e. The City, at its discretion, reserves the right to verify Contractor's personnel's signature and
that the person performing the pickup is on the Contractor's list of authorized personnel prior
to release of a deposit. Deposits shall not be released to an individual without this information
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on file at the pickup location.
f. Contractor will be required to provide an updated personnel list to the City regarding any new
staff prior to the new staff member's arrival at the deposit pick up location as well as give
written notice in the event of revocation of such authority.
g. In the event that Contractor's personnel does not provide proper identification as required to
City staff and pick up is refused, Contractor will be required to immediately dispatch properly
credentialed staff for deposit pick up at no additional cost.
h. Contractor will be required to maintain a dedicated toll -free number for inquiries and customer
service.
5. City of Santa Ana Current Pickup Locations — Subject to change in consultation with Contractor
Treasury (inside City Hall) 20 Civic Center Plaza, Santa Ana, CA 92701 M — Th & Alt F
Santa Ana Zoo 1801 E Chestnut Ave. Santa Ana. CA 92701 M — Sat
6. City of Santa Ana Current Deposit Location — Subject to change in consultation with Contractor
Loomis
656 S. Vail A
CA 90640 1 M — Sat
7. Contractor Responsibilities
a. Contractor agrees that the secured bag(s) will remain unopened, free from tampering, and will
be safely delivered and accepted by the City's designated banking institution for deposit.
Contractor will be required to ensure that the proper standard and industry specific controls are
in place to prevent tampering of bags and their contents.
b. Provide daily pick-up and delivery of cash, checks, and coins from each of the City's pickup
locations as listed above, excluding observed holidays. It will be the Contractor's
responsibility to verify the security of the shipment and notify the City representative(s) if the
deposit bag(s) do(es) not appear to be securely locked or sealed prior to acceptance.
c. Provide all services, labor, materials, transportation, and equipment needed to perform the
work indicated in this agreement. Including but not limited to, manifests, receipt books, pick
up sheets, tags, and forms for all locations. Materials supplied must comply with all
requirements as specified by the City's financial institution.
d. Maintain adequate procedures to ensure that all bank deposit bags are properly secured,
inventoried, tracked, and delivered promptly to the correct financial institution. Should an
error occur such as incorrect delivery or loss, Contractor will be required to provide verbal
notice of the error to the City immediately upon discovery, with written notification provided
within one business day.
e. Contractor will be required to provide a signed, sequentially numbered, receipt to the City, for
the deposit at the time of pick up.
f. Contractor will be required to retain the original receipt for no less than four years plus current
year, as well as the ability to provide deposit tracking for the same four-year period plus current
year.
g. At the time of deposit delivery to the City's financial institution, Contractor's personnel will
be required to sign and retain a copy of the time -stamped bank delivery receipt(s), as proof of
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deposit delivery. The City may request, and the Contractor will be required to provide, a copy
of the deposit bank's delivery receipt at any time within five years of the deposit pick up date
at no additional cost to the City.
h. Assume sole liability for the security of the deposit bags immediately upon receipt. Liability
will cease upon receipt of an authorized signature from the deposit location.
i. Provide a special pick-up in the event the proposer fails to pick-up as scheduled at no additional
charge or issue appropriate credit on the applicable invoice.
j. Research of missing or disputed items will be done at no additional cost to the City. The City
will make a written notification or email to the firm regarding a missing or disputed deposit.
The deposit will be resolved by the contractor within thirty (30) calendar days of notification
from the City. If any loss of or damage to any shipment of valuables occurs (in whole or in
part), the City shall notify Contractor in writing and by phone as soon as reasonably possible
after the loss or damage is discovered or should have been discovered, but in no event later
than thirty (30) days after the shipment was picked up by Contractor.
k. Provide transport and delivery of change orders as needed.
1. Provide reports to the City as requested which include but are not limited to Invoice Reports,
Issues Reports, and Delivery Reports.
m. Provide documentation of business continuity plan to be utilized in the event of a natural
disaster.
Page 12 of 13
#2058024v1
City Hall
Santa Ana Zoo
EXHIBIT B
COMPENSATION
►_ i trr x ervi a trerrrr:
20 Civic Center Plaza M — Th & Alt F
Santa Ana, CA 92701
1801 E Chestnut Ave
Santa Ana, CA 92701
M — Sat
$632.20
$759.80
Pricing & Fee Adjustments — Fees may be increased once every fiscal year (as defined by the City, the
period running from July 1 st through June 30th the following year) with reference to the 12-month percent
change in the most recently published annual Consumer Price Index for All Urban Consumers (CPI-U),
West Region, as reported the U.S. Bureau of Labor Statistics (the "CPI Change"). Each annual increase
in the fees will be equal to the greater of two percent (2%) or the actual CPI Change, but in no event may
exceed an increase of five percent (5%). Contractor will notify the City no less than sixty (60) days before
an adjustment in pricing is to occur.
Change Order — No extra work or services as set forth in the above terms may be undertaken unless a
written "Change Order" is first given by the City to Contractor, incorporating therein any material
adjustment in the contract and/or the time to perform this Agreement, which said adjustments are subject
to the written approval of the Contractor.
Page 13 of 13
42058024v1
Fortress Armored Agreement - CAO signed
5-28-25(2058087.1)
Final Audit Report
2025-05-29
Created:
2025-05-29
By:
Robert Zubiate (rzubiate@santa-ana.org)
Status:
Signed
Transaction ID:
CBJCHBCAABAAHyLxXX9u9Z837plBe4kmldlPgO3WG05a
"Fortress Armored Agreement - CAO signed 5-28-25(2058087.1
)" History
I Document created by Robert Zubiate (rzubiate@santa-ana.org)
2025-05-29 - 8:44:00 PM GMT
Cy Document emailed to tony.villaflor@fortressarmored.com for signature
2025-05-29 - 8:44:49 PM GMT
15 Email viewed by tony.villaflor@fortressarmored.com
2025-05-29 - 9:12:32 PM GMT
Signer tony.villaflor@fortressarmored.com entered name at signing as Anthony Villaflor
2025-05-29 - 9:13:44 PM GMT
&0 Document e-signed by Anthony Villaflor (tony.villaflor@fortressarmored.com)
Signature Date: 2025-05-29 - 9:13:46 PM GMT - Time Source: server
Q Agreement completed.
2025-05-29 - 9:13:46 PM GMT
a Adobe Acrobat Sign
2. Fortress Armored Agreement
Final Audit Report 2025-05-30
Created:
2025-05-30
By:
Kristin Andrade (kandrade@santa-ana.org)
Status:
Signed
Transaction ID:
CBJCHBCAABAAC_WcLAzgGutt94zj1d25J5ha_HOkQbVT
"2. Fortress Armored Agreement" History
Document created by Kristin Andrade (kandrade@santa-ana.org)
2025-05-30 - 9:48:40 PM GMT
' Document emailed to Alexander Trinidad (atrinidad@santa-ana.org) for signature
2025-05-30 - 9:49:23 PM GMT
Email viewed by Alexander Trinidad (atrinidad@santa-ana.org)
2025-05-30 - 9:49:31 PM GMT
L-- O Document e-signed by Alexander Trinidad (atrinidad@santa-ana.org)
Signature Date: 2025-05-30 - 9:54:18 PM GMT - Time Source: server
® Agreement completed.
2025-05-30 - 9:54:18 PM GMT
U Adobe Acrobat Sign
EXHIBIT 2
REQUEST FOR PROPOSALS NO. 25-041
FOR
ARMORED TRANSPORT SERVICES
CITY OF SANTA ANA
KEY RFP DATES: The schedule below is tentative and subject to change at the
discretion of City, with appropriate notice to prospective Proposers.
Issue Date: Tuesday, March 11, 2025
Deadline for Questions: Monday, March 24, 2025, 4:00 P.M.
Proposal Due Date: Thursday, April 10, 2025, 4:00 P.M.
w
"1 CITY OF SANTA ANA
TABLE OF CONTENTS
I. BACKGROUND...........................................................................................................................3
II. OVERVIEW OF PROJECT..........................................................................................................3
III. TERM OF AGREEMENT............................................................................................................ 3
IV. MINIMUM QUALIFICATIONS......................................................................................................3
V. RESPONSE TO RFP..................................................................................................................4
VI. CERTIFICATIONS (ATTACHMENTS).........................................................................................8
VII. REFERENCES............................................................................................................................9
VIII. MINIMUM SCOPE AND LIMIT OF INSURANCE......................................................................... 9
IX. SELECTION PROCEDURES & CRITERIA................................................................................. 9
X. WITHDRAWALS........................................................................................................................10
XI. GENERAL TERMS AND CONDITIONS.................................................................................... 11
XII. AWARD OF AGREEMENT........................................................................................................ 15
XII I. IMPLEMENTATION................................................................................................................... 16
EXHIBITS
Exhibits provided herein for Proposers'reference only.
EXHIBIT I — SCOPE OF SERVICES
EXHIBIT 11 — SAMPLE AGREEMENT
ATTACHMENTS
A PROPOSER'S CERTIFICATION, PROPOSAL ITEM PRICING
B REFERENCES
C PROPOSER'S STATEMENT
D NON -COLLUSION AFFIDAVIT
E NON -LOBBYING CERTIFICATION
F NON-DISCRIMINATION CERTIFICATION
(9)
I. BACKGROUND
CITY OF SANTA ANA
The City of Santa Ana, California, is rich in culture and pride, the county seat of Orange County,
and encompasses an area of approximately 27 square miles. For more information, please visit
https://www.santa-ana.org/
II. OVERVIEW OF PROJECT
The City of Santa Ana (City) is seeking proposals from qualified firms and organizations
(Proposers) to provide Armored Car and Armored Courier Services. The Finance & Management
Services Agency utilizes the services of armored vehicle pickup of regular cash, coin, and check
deposits from City Hall, recreation facilities, and other designated areas to the depository vault
location. Armed transport carriers pick up the bags of coins and currencies at regular intervals
throughout the week in alignment with internal control methods and executed documentation for
tracking and reconciliation of the cash transported. The City requires continued skilled and
reputable services for secure transport along with a strong record of safety and dependability,
providing the City with reliable, responsive, high -quality service consistently throughout this
contract term.
See EXHIBIT I for the complete Scope of Services.
The term "Vendor", "Proposer", "Firm", "Consultants", and "Contractor" shall refer to any legal
entity or entities submitting a proposal in response to this Request for Proposals (RFP).
III. TERM OF AGREEMENT
The anticipated term of the agreement is for an initial period of three (3) years. The City may, at
its discretion, extend the agreement with the same or more limited scope of required services for
two (2) additional one-year periods, upon mutual agreement contingent upon City Council
approval, or City Manager or City Attorney authorization, as appropriate. The total term of the
awarded agreement shall not exceed five (5) years.
Usage is not guaranteed. Execution of an agreement between the City and successful firm(s)
and/or individual(s) does not guarantee work throughout the duration of the contract period.
Numerous factors will be evaluated by the City in its delivery of project and assignments,
including technical expertise required.
IV. MINIMUM QUALIFICATIONS
1) Contractor must have been in business continuously for the most recent seven (7) years prior
to the date of this RFP.
2) Minimum five (5) most recent years of experience performing similar services as those
detailed in the Scope of Services section of this RFP.
3) The Proposer must have Bureau of Security and Investigative Services licensure.
4) DMV requirements must be met for Armored Card and Courier Services.
(9)
V. RESPONSE TO RFP
CITY OF SANTA ANA
A. SUBMITTAL INSTRUCTIONS
It is the responsibility of the Proposer to ensure that any proposals submitted have been
uploaded to PlanetBids prior to the RFP due date and time. Proposals, including all required
sections and forms, shall be submitted electronically via the City's Bid Management System,
PlanetBids. No other form of submittal will be accepted.
PlanetBids will not accept late proposals and no exceptions shall be made. Proposers will
receive an e-bid confirmation number with a time stamp from PlanetBids indicating that their
proposal was submitted successfully. The City will only receive and consider those proposals
that were transmitted successfully. Submit proposal online at:
http://www.planetbids.com/portal/portal.cfm?CompanylD=20137.
Proposer shall be solely responsible for informing itself with respect to the proper utilization
of the bid management system, for ensuring the capability of their computer system to upload
the required documents, and for the stability of their internet service. Failure of the Proposer
to successfully submit an electronic proposal shall be at the Proposer's sole risk and no relief
will be given for late and/or improperly submitted proposals. Proposers experiencing any
technical difficulties with the bid submission process may contact PlanetBids at (818) 992-
1771. Questions of an operational nature may be directed to the City's assigned Buyer.
Neither the City, nor PlanetBids, makes any guarantee as to the timely availability of
assistance, or assurance that any given problem will be resolved by the bid submission
deadline.
Proposals shall NOT be sent via telegraphic, electronic, or facsimile means.
All notifications, updates and addenda will be posted online on PlanetBids at
https://www.planetbids.com/portal/portal.cfm?CompanvlD=20137. Proposers shall be
responsible for monitoring the site to obtain information regarding this solicitation. Failure to
respond to required updates may result in a determination of a nonresponsive proposal.
B. COMMUNICATION / CONTACT WITH CITY STAFF
Unless otherwise authorized herein, Proposers who are considering submitting a proposal in
response to this RFP, or who submit a proposal in response to this RFP, are only to
communicate with the assigned Project Coordinator(s), and no other City staff about this RFP
from the date this RFP is issued until a contract is awarded. The City will provide all official
communication concerning this RFP in writing via the City's Bid Management System,
PlanetBids.
The City will not be responsible for or bound by any oral communication or any other
information or contact that occurs outside the official communication process specified
herein, unless confirmed in writing by the designated Project Manager(s).
C. REQUEST FOR INFORMATION OR CLARIFICATION / QUESTIONS
Questions regarding this RFP shall be submitted via PlanetBids. Responses to all questions
will be posted on PlanetBids no later than the date and time shown at the schedule of key
RFP dates on the cover page of this RFP. All prospective Proposers are advised to visit
PlanetBids on a regular basis as responses may be posted earlier than the date above (if
applicable). No verbal requests or responses will be accepted. Significant interpretations or
clarifications will be addressed via addenda to this RFP.
(9)CITY OF SANTA ANA
Significant interpretations or clarifications and responses to questions received by the
deadline will be addressed via addenda to this RFP, which will be released and posted on
PlanetBids under the "Addenda/Emails" tab.
General process questions may be directed to the following:
Jacques Lam
Buyer
0lam (cbsanta-ana.org
D. EXCEPTIONS
Requests submitted for City's consideration of proposed terms and conditions, including
modifications to the City's RFP and/or Contract terms and conditions must be submitted by
the deadline for questions. Such requests should include an attachment in Word or PDF
format on formal company letterhead that shows the requested modifications. Should the
Proposer be considered for award recommendation and progress into the negotiations
phase, the requests for exceptions or modifications to the City's terms and conditions will be
discussed at that time. The City will not accept any requests after the deadline for questions
and reserves the right to reject or strike any requests for exceptions or additional terms and
conditions related to Agreement, RFP, and insurance and indemnification terms and
conditions.
E. ADDENDA
Any changes in RFP from the date of release to date of submittal will result in an addendum
or amendment. Notification of such addendum or amendment shall be posted on City's
PlanetBids system, https://www.planetbids.com/portal/portal.cfm?CompanVID=20137.
Proposers shall be responsible for monitoring the site to obtain information regarding this
solicitation.
F. UNDERSTANDING PROPOSAL
It is the responsibility of each Proposer to inquire about any criteria, condition, term, provision,
or requirement of the RFP that the Proposer does not understand. Responses to inquiries,
if they significantly change or clarify the RFP requirements or any aspect of the procurement
process, will be forwarded by addenda to all Proposers. The City will not be bound by any
oral responses to inquiries. By submitting proposals, Proposers assert that they have fully
read the RFP and any addenda issued by the City, the proposed Contract and any other
Contract Documents, and affirm that the terms and conditions stated therein are fully
understood and are acceptable to the Proposer. Each Proposer accepts the terms and
conditions of the Contract Documents and indicates their ability and willingness to perform
the requested services under such terms and conditions. Any exceptions to the terms and
conditions set forth in the Contract Document shall be submitted to the City by the deadline
to submit requests for information or clarification/questions set forth herein.
G. PROPOSAL CONTENTS
Proposals are to be prepared in such a way as to provide a straightforward, concise
delineation of capabilities to satisfy the requirements of this RFP. Colored displays,
promotional materials, photographs etc., are not necessary or desired. Emphasis should be
concentrated on conformance to RFP instructions, responsiveness to the RFP requirements,
and on completeness and clarity of content. Digital dividers and clear organization of content
and material are encouraged.
(9)
CITY OF SANTA ANA
Statement of Qualifications (SOQ)
SOQ must include a Table of Contents and be limited to a maximum of 20 pages
(excluding City's required Certifications listed in Section VIII below; Proposal Cover
Letter, section dividers, table of contents, front/back cover pages). The page limitation
includes all appendices, attachments, and supplemental information. Additionally, SOQ
must include the following:
a. Cover Letter
Proposals shall include a letter signed by a principal or authorized representative who
can make legally binding commitments for the entity. Include type of business entity.
Cover Letter shall not exceed one page.
Cover letter must be addressed to the following City Project Manager:
Alejandra Gutierrez, Treasury and Customer Services Manager and
Robert Zubiate, Senior Management Analyst
City of Santa Ana — Finance & Management Services Agency
20 Civic Center Plaza, M-15
Santa Ana, CA 92701
b. Services Provided
A description of proposed services to be provided and how they meet the needs of the
City as described in Exhibit I — Scope of Services.
c. Agreement Statement
Proposal shall include a statement outlining your concurrence or reference to concerns
previously submitted with any and all provisions as contained in EXHIBIT II — Sample
Agreement of this RFP (if any).
d. Firm and Team Experience
Proposal shall include a profile of the firm's experience including the following:
A general description of the firm, including size and number of employees
working directly with the City on this agreement. The description must include
the firm's customer service operation, procedures, turnaround/response
time, staff training procedures, and an outline of how the firm logs safety
records/accidents.
Firm's nearest address serving the City of Santa Ana and headquarters
address.
iii. Name and contact information of the supervising Project Manager/Principal
Agent, to be assigned to the agreement. The Project Manager/Principal
Agent shall be the primary contact person to represent your firm and will be
the person to conduct the presentation, if invited to an interview.
iv. A list of names, copy of current guard cards, current and valid BSIS Firearms
Permit, and photos with signatures of all personnel who will be authorized to
provide pickup services to the City of Santa Ana on a regular basis or in the
absence of a driver.
V. Provide a list of pending litigation and bankruptcy information, if applicable.
vi. Provide a picture of the uniform, including a sample name tag, that will be
worn by personnel.
(9)
CITY OF SANTA ANA
e. Financial Information
Proposal shall include recent ("Recent' shall be defined as financial statements that
were prepared within the 12 months preceding the issuance date of this RFP) audited
or reviewed financial statements prepared by an independent certified public
accountant (CPA) that shall include, at a minimum, a balance sheet, income statement
(i.e., profit/loss statement) and cash flow statement and, if the audited or reviewed
financial statements were prepared more than six (6) months prior to the issuance of
this RFP, the Proposer shall submit its most recent internal financial statements
(balance sheet, income statement and cash flow statement or budget with entries
reflecting revenues and expenditures from the date of the audited or reviewed financial
statements to the end of the most recent financial reporting period (i.e., the quarter or
month preceding the issuance date of this RFP).
All financial information, statements and/or documents provided in response to this
solicitation shall be kept confidential provided that EACH PAGE is marked as follows:
"CONFIDENTIAL — DO NOT DISCLOSE EXCEPT FOR THE EXPRESS PURPOSE
OF PROPOSAL EVALUATION."
Consolidated financial statements of the Proposer's parent or related
corporation/business entity shall not be considered, unless:
i. The Proposer's actual financial performance for the designated period is
separately identified in and/or attached to the consolidated statements,
The parent or related corporation/business entity provides the State with a
document wherein the parent or related corporation/business entity will be
financially responsible for the Proposer's performance of the contract and the
consolidated statement demonstrates the parent or related
corporation's/business entity's financial ability to perform the contract,
financial stability and/or such other financial considerations identified in the
evaluation criteria; and/or
iii. Proposer provides its own internally prepared financial statements and such
other evidence of its own financial stability identified above.
The firm's failure to provide any of the above -referenced financial statements may
result in the proposal being removed from consideration. Proposers are also
encouraged to explain any negative financial information, and to provide
documentation supporting those explanations and demonstrating the financial strength
of the firm.
f. Proposed Work Plan
Proposal shall include a statement demonstrating the firm's understanding of the
Scope of Services.
Additionally, proposed work plan shall include Proposers':
i. Anticipated approach to performing services as specified herein;
ii. Suggestions or special concerns the evaluation committee should take into
(9)CITY OF SANTA ANA
consideration (if any);
iii. Description of deliverables and implementation plan. Proposer shall submit a
general description of the deliverables, implementation plan, and timeline.
g. References: Attachment B — References shall be submitted for similar projects
performed for state and/or similar government clients.
2. Cost Proposal
All Proposers are required to submit a flat, non -variable monthly rate (fully burdened and
inclusive of all fees for service, applicable overhead, any incidental costs, and costs for
any materials) per pickup location with their Cost Proposal with the assumption that
Proposers spend 10 minutes at each location to conduct services. Include pricing for
additional pickup locations in the event that the City wishes to amend the pickup list.
Pricing instructions should be clearly defined to ensure fees proposed can be compared
and evaluated.
Cost Proposal must include a payment schedule if applicable. City reserves the right to
negotiate compensation and/or payment schedule prior to award of any resulting
agreement. When applicable, if providing hourly rate sheets, Proposer shall not include
rate ranges or averages.
The City shall not provide reimbursement for travel -related expenses, mileage, parking,
lodging, meals, incidental fees, insurance, freight/shipping and handling/delivery, and any
other business expenses, supplies and materials related to providing services as
specified herein. Additional costs will not be considered and will not be reimbursed by the
City, therefore, such costs must be absorbed in Proposer's cost proposal fee structure.
Any language related to travel reimbursement shall be stricken from the document by the
City and if not stricken, shall be deemed invalid.
Proposals shall be valid for a minimum of one hundred eighty (180) days following
Proposal deadline. The cost for developing the Proposal is the sole responsibility of the
Proposer. All Proposals submitted become property of the City.
Pricing shall remain firm for the entire initial Agreement term. Thereafter, any proposed
pricing adjustment for follow-on renewal periods shall be submitted to the City
Representative in writing at least ninety (90) days prior to the new Agreement term. The
City reserves the right to accept, reject, or negotiate any proposed pricing adjustment not
to exceed the Bureau of Labor Statistics Consumer Price Index (CPI) data as follows:
Los Angeles -Long Beach -Anaheim, CA; All Urban Consumers; Not Seasonally Adjusted;
annualized change comparing the most recent month's reported data to the same month
of the prior year. (This information may be found on the U.S. Department of Labor's
website at www.bls.gov.)
VI. CERTIFICATIONS (ATTACHMENTS)
In addition to the SOQ, Narrative/Technical Proposal, and Cost Proposal, the following forms,
included in this RFP, shall be signed and included as part of the proposal submittal package:
• Attachment A: Proposer's Certification and Proposal Item Pricing
• Attachment B: References
• Attachment C: Proposer's Statement
(9)CITY OF SANTA ANA
• Attachment D: Non -Collusion Affidavit
• Attachment E: Non -Lobbying Certification
• Attachment F: Non -Discrimination Certification
The proposal must be completely responsive to the RFP. Incomplete proposals will be deemed
as nonresponsive and will be rejected. The City reserves the right to reject any or all proposals
submitted and no representation is made hereby that any commitment will be awarded pursuant
to this RFP or otherwise.
PLEASE NOTE:
• All forms above must be signed by a representative of the Firm that is legally
authorized to contractually bind the Proposer.
• City will not waive notarization requirement when applicable on any of the
required attachments.
VII. REFERENCES
Contractor shall provide three (3) references from other similar public agencies for which services
similar to those specified in this RFP have been performed, including contact names and
telephone numbers. Use ATTACHMENT B — References. The respondent grants permission
for the City to contact any individuals listed as references.
City may disqualify a Proposer if -
References fail to substantiate Proposer's description of services and
deliverables provided; or
• References fail to support that Proposer has a continuing pattern of providing
capable, productive, and skilled personnel, or
• City is unable to reach the point of contact with reasonable effort. It is the
Proposer's responsibility to inform the point of contact(s) of normal City
working hours.
VIII. MINIMUM SCOPE AND LIMIT OF INSURANCE
See Exhibit 11 — Sample Agreement
IX. SELECTION PROCEDURES & CRITERIA
A. Evaluation: The City will establish a proposal review committee. The review committee will
evaluate proposals based on the response to the RFP, which includes adherence to outlined
directions and format, and the City evaluation criteria set forth below.
B. Scoring Criteria: Proposers will be ranked by the review committee based on the following
criteria:
CATEGORY
POINTS
Responsiveness to RFP
15
• Proposal's compliance with the requirements of this RFP.
(9)
CITY OF SANTA ANA
• Scope of Services offered including ability to provide optional services.
• The value to any new and/or innovative product or service suggestions or
other new ideas and enhancements.
Experience of Firm and Personnel
• The experience, resources, and qualifications of the firm and individuals
50
assigned to this account, including manager, supervisor and assigned
staff.
Proposed Pricing
25
• Reasonableness of Cost
References
10
• References that are similar in size and project scope to the City.
TOTAL POSSIBLE SCORE
100
Before interviews - if held
Interviews
• The City reserves the right to conduct interviews with the highest -rated
firm(s). In the event the City does perform an interview process, the
20
following is the maximum number of additive points that may be applied
to the proposal score. Total possible score may exceed 100 points.
C. Rankings: A final score will be calculated for each submitted proposal and used to rank
Proposers. Based upon the foregoing criteria, all proposals shall be ranked by score. Only
those proposals receiving a score above 70 will be considered for award. The City reserves
the right to award the contract to any proposer(s) with a score above 70. The review
committee will evaluate proposers based on their response to the RFP and the City
evaluation criteria set forth above.
D. Interviews: The review committee may invite the proposers to interview. If invited to interview,
Proposers must be prepared to include key personnel in the interview and/or presentation.
The City reserves the right to seek additional information from any or all Proposers invited to
present proposals. A final score will be calculated for each submitted proposal and used to
rank Proposers. City reserves the right to begin negotiations and enter into a contract without
holding interviews, or further discussions.
E. Selection: The City is under no obligation to accept any proposal and reserves the right to
negotiate with respondents as to fees and terms. The City may reject proposals at its sole
discretion. If proposal fails to satisfy any requirements outlined in this RFP, it may be
considered non -responsive and may be rejected.
The City shall not be obligated to accept the lowest priced proposals, but will make awards
in the best interests of the City after all factors have been evaluated. The review committee
will recommend the qualified Proposers to the City Council or City Manager for award of
contract, as appropriate.
X. WITHDRAWALS
Proposers are responsible for verifying all prices and information before submitting a proposal.
Prior to the proposal due date, the Proposer or Proposer's representative may withdraw the
proposal by providing written notice of the proposal withdrawal to the City Contact/Project
Manager. Verbal or telephonic withdrawals are not permissible.
(9)
CITY OF SANTA ANA
XI. GENERAL TERMS AND CONDITIONS
A. AMERICANS WITH DISABILITIES ACT
The awarded Contractor hereby certifies that it will comply, as applicable, with the Americans
with Disabilities Act of 1990 ("ADA"), 42 USC §§ 12101 et seq., and its implementing
regulations, including Subtitle A, Title II of the ADA. Contractor will not discriminate against
persons with disabilities nor against persons due to their relationship to or association with a
person with a disability. Any contract entered into by the awarded Contractor (or any
subcontract thereof), relating to this RFP, shall be subject to the provisions of this paragraph.
B. CITY BUSINESS LICENSE
The selected proposer must obtain a City of Santa Ana Business License prior to the
execution of a contract and must provide a copy to the Buyer assigned to this RFP. The
awarded party shall maintain a current business license throughout the term of the resulting
contract. Procedure to obtain a City of Santa Ana Business License is available by contacting
the Finance and Management Services, Business Tax Office at (714) 647-5447 or on the
City's website: www.santa-ana.org
C. CITY RIGHT TO REJECT
The City reserves the right to reject any or all proposals submitted and no representation is
made hereby that any agreement will be awarded pursuant to this RFP or otherwise. The
City reserves the right to accept or reject the combined or separate components of this
proposal in part or in its entirety or to waive any minor inconsistency, informality or technical
defect in the proposal.
D. CONFLICT OF INTEREST
Contractor shall exercise reasonable care and diligence to prevent any actions or conditions
that could result in a conflict with the best interests of the City. This obligation shall apply to
the Contractor; the Contractor's employees, agents, and Subcontractors associated with
accomplishing work and services hereunder. The Contractor's efforts shall include, but not
be limited to, establishing precautions to prevent its employees, agents, and Subcontractors
from providing or offering gifts, entertainment, payments, loans or other considerations which
could be deemed to influence or appear to influence City staff or elected officers from acting
in the best interests of the City.
Each Proposer must disclose any existing or potential conflict of interest relative to the
performance of the contractual services resulting from this RFP. Any such relationship that
might be perceived or represented as a conflict should be disclosed. The City reserves the
right to disqualify any Proposer on the grounds of actual or apparent conflict of interest.
No person, firm, or subsidiary thereof who has been awarded this Contract may be awarded
a Contract for the provision of services, the delivery of supplies, or the provision of any other
related action which is required, suggested, or otherwise deemed appropriate as an end
product of this Contract. Therefore, Contractor is precluded from contracting for any work
recommended as a result of this Contract.
E. CONTRACTOR'S EXPENSE
Pre -Contractual Expenses: The City is not liable for any costs incurred by Proposers prior to
entering into a formal contract. Costs of developing a response to this RFP, are entirely the
responsibility of the Proposer, and shall not be reimbursed in any manner by the City. Pre -
contractual expenses are not to be included in the cost proposal. Pre -contractual expenses
include, but are not limited to, preparation of the proposal, submission of the proposal and
(9)CITY OF SANTA ANA
additional information, attendance at pre -proposal conference, negotiating any matter related
to this RFP with City, and/or any other expenses incurred by the Proposer prior to the date
of award and execution, if any, of the contract.
Other Expenses: The Contractor will be responsible for all costs related to photo copying,
telephone communications, fax communications, and parking while on City sites during the
performance of work and services under this Contract.
F. CONTRACTOR'S PROJECT MANAGER/KEY PERSONNEL
Except as formally approved by the City, the key personnel identified in Contractor's proposal
shall be the individuals who will actually complete the work. Changes in staffing must be
reported in writing and approved by the City. The City shall have the right to require the
removal and replacement of the Contractor's Project Manager and key personnel under the
awarded contract. The City shall notify the Contractor in writing of such action. The City is
not required to provide any reason, rationale, or additional factual information if it elects to
request any specific key personnel be removed from performing services under the awarded
contract. The City shall review and approve the appointment of the replacement for the
Contractor's personnel. Said approval shall not be unreasonably withheld.
Standards of Conduct: Contractor's personnel shall be courteous and maintain good working
relationships with all stakeholders, state or outside agencies, other team members and staff
within the City.
G. COST PROPOSAL
The awarded Contractor agrees to provide the purchased services at the costs, rates, and
fees as set forth in their Fee Schedule in response to this RFP. No other costs, rates or fees
shall be payable to the awarded Subcontractor for implementation of their proposal.
H. DATA RETENTION
Contractor shall be responsible for retaining data, records, and documentation for the
preparation of required items. These materials shall be made available to and as requested
by City.
All materials, documents, data or information obtained from the City Data files or any City
medium furnished to Contractor in the performance of an awarded contract will at all times
remain the property of the City. Such data or information may not be used or copied for direct
or indirect use by Contractor after completion or termination of this Contract without the
express written consent of the City. All materials, documents, data or information, including
copies, must be returned to the City at the end of the contract.
All data, documents and other products used, developed, or produced during response
preparation of the RFP will become property of the City. All responses to the RFP shall
become property of the City. Proposer information identified as proprietary shall be
maintained confidential, to the extent allowed under the California Public Records Act.
I. DRUG -FREE WORKPLACE
The awarded Contractor certifies compliance with Government Code Section 8355 in matters
relating to providing a drug -free workplace. Failure to comply with these requirements may
result in suspension of payments under the Contract or termination of the contract or both,
and the Contractor may be ineligible for award of any future City contracts.
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CITY OF SANTA ANA
J. EXAMINATION
Proposer represents that it has thoroughly examined and become familiar with the services
and responsibilities required this RFP and that it is capable of effectively and efficiently
performing quality work to achieve the City's objectives. Any attachments referenced herein
or any interpretations, clarifications or amendments subsequently posted in relation to this
RFP are fully incorporated.
Any irregularities or lack of clarity in the RFP should be brought to the designated City
Contact/Project Manager's attention as soon as possible so that corrective addenda may be
furnished to prospective Proposers.
Proposals which appear unrealistic in the terms of technical commitments, lack of technical
competence, or are indicative of failure to comprehend the complexity and risk of this
contract, may be rejected.
K. EXECUTION OF AGREEMENT
Upon successful negotiations, the City and the selected Proposer will enter into an
Agreement similar to that as shown in EXHIBIT II — Sample Agreement of this RFP. If a
Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being
notified of selection under this RFP, the City reserves the right to disqualify them without any
further obligation
L. FISCAL NONFUNDING CLAUSE
In the event sufficient budgeted funds are not available for a new fiscal period, the City shall
retain the right to notify the provider of such occurrence in writing at least thirty (30) days
before the end of the current fiscal period and terminate the contract on the last day of the
current fiscal period without penalty or expense to the City.
M. INDEPENDENT CONTRACTOR
Contractor is considered an independent Contractor and neither Contractor, its employees,
nor anyone working under Contractor will be considered an agent or an employee of City.
Neither Contractor, its employees, nor anyone working under Contractor, will qualify for
workers' compensation or other fringe benefits of any kind through City.
N. JOINT OFFERS/SUBCONSULTANTS
Where two or more Proposers desire to submit a single proposal in response to this RFP,
they should do so on a prime sub -consultant basis. The City intends to contract with a single
firm, also known as the prime, and not with multiple firms doing business as a joint venture.
Should the use of sub -consultants be offered, the Proposer shall provide the same
assurances of competence for the sub -consultant plus the demonstrated ability to manage
and supervise the subcontracted work. Sub -consultants shall not be allowed to further
subcontract with others for work under the Agreement. The provisions of the Agreement shall
apply to all sub -consultants in the same manner as the Proposer. The proposer is responsible
for all the actions taken by their sub -contractor.
The City reserves the right to reject, replace and approve any and all Subcontractors. All
Subcontractor(s) shall be identified in the response to the RFP and the City reserves the right
to reject any proposed Subcontractor(s). Subcontractors shall be the responsibility of the
prime Contractor and the City shall assume no liability of such Subcontractors.
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O. LITIGATION STATUS
Each Proposer must include in its proposal a complete disclosure of any alleged significant
prior or ongoing contract failures, any civil or criminal litigation or investigation pending which
involves the Proposer or in which the Proposer has been judged guilty or liable. Failure to
comply with the terms of this provision will disqualify any proposal. The City reserves the
right to reject any proposal based upon the Proposer's prior history with the City or with any
other party, which documents, without limitation, unsatisfactory performance, adversarial or
contentious demeanor, significant failure(s) to meet contract milestones or other contractual
failures.
P. NEGOTIATIONS
The City reserves the right to negotiate final contract terms with any Proposer selected. The
contract between the parties will consist of the RFP together with any modifications thereto,
and the awarded Contractor's proposal, together with any modifications and clarifications
thereto that are submitted at the request of the City during the evaluation and negotiation
process. In the event of any conflict or contradiction between or among these documents,
the documents shall control in the following order of precedence: the final executed contract,
the RFP, any modifications and clarifications to the awarded Contractor's proposal, and the
awarded Contractor's proposal. Specific exceptions to this general rule may be noted in the
final executed contract.
Negotiations shall be confidential and not subject to disclosure to competing Contractors
unless and until an agreement is reached. If contract negotiations cannot be concluded
successfully, the City reserves the right to negotiate a contract with another Contractor or
withdraw the RFP.
Q. NON -PAYMENTS
Note that payments will NOT be made for any unsatisfactory work until corrected. In the event
of nonpayment of undisputed sums by the City, Contractor shall give the City thirty (30)
working days to cure the alleged breach.
R. OWNERSHIP OF DOCUMENTS
The City has permanent ownership of all directly connected and derivative materials produced
under this contract by the Contractor. All documents, reports and other incidental or derivative
work or materials furnished hereunder shall become and remains the sole property of the City
and may be used by the City as it may require without additional cost to the City. Contractor
shall provide the City copies of documents upon its request at any time. None of the documents,
reports and other incidental or derivative work or furnished materials shall be used by the
Contractor without the express written consent of the City.
S. PARKING
The City will not provide free parking and/or reimbursement for the cost of parking while
providing services and conducting business with the City.
T. PROFESSIONAL STANDARDS
Contractor staff shall be courteous to the public and City staff utilizing facilities where
Contractor is performing work, but shall be responsive only to the requests of the City's
Project Manager or designee. Contractor staff shall direct all inquiries to Project Manager or
designee.
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Contractor acknowledges that City locations consist of public -use facilities and recognizes
the obligation to ensure Contractor personnel and agents maintain the highest level of
professional standards in attire, decorum, and interaction with the public and City personnel.
U. PROJECT MANAGER
The selected Proposer will assume responsibility for all services in its proposal. The selected
Proposer shall identify a sole point of contact, Project Manager, with the greatest knowledge
in regard to the required service operations and contractual matters, including payment of
any and all charges resulting from the Agreement.
V. PROPOSAL VALIDITY
Services, pricing, and warranties indicated in a Proposer's Proposal must be valid for a period
of 180 days at minimum after the submission of the Proposal.
W. PUBLIC AGENCIES
Other public agencies, as defined by California Government Code Section 6500, may choose
to use the terms of this Contract, subject to Contractor's acceptance. The City is not liable or
responsible for any obligations related to a subsequent contract between Contractor and
another public agency.
X. PUBLIC RECORDS
Proposals will become public record after the award of a contract unless the proposal or
specific parts of the proposal can be shown to be exempt by law. Each Proposer may clearly
label all or part of a proposal as "CONFIDENTIAL" provided that the Proposer thereby agrees
to indemnify and defend the City for honoring such a designation. The failure to so label any
information that is released by the City shall constitute a complete waiver of any and all claims
for damages caused by any release of the information. Proposer information identified as
proprietary shall be maintained confidential, to the extent allowed under the California Public
Records Act.
Y. SUBCONTRACTORS
Proposals in response to this RFP must identify any Subcontractors, and outline the
contractual relationship between the Awarded Subcontractor and each Subcontractor. An
official of each proposed Subcontractor must sign, and include as part of the proposal
submitted by the Prime Contractor, a statement to the effect that the Subcontractor has read
and will agree to abide by the awarded Contractor's obligations. Any Subcontractor proposed
after award of contract must be approved by the City before commencement of work.
The City will look solely to the awarded Contractor for the performance of all contractual
obligations which may result from an award based on this RFP, and the awarded Contractor
shall not be relieved for the non-performance of any or all Subcontractors.
XII. AWARD OF AGREEMENT
Selected Contractor(s) will be notified in writing. Any award is contingent upon the successful
negotiation of final contract terms.
A. EXECUTION OF AGREEMENT
A standard agreement is included as EXHIBIT II Sample Agreement of this RFP. "Proposer"
will hereinafter be referred to as "Consultant" or "Contractor" in standard agreement. The
term of the agreement will begin after the agreement is fully executed, and all required bonds,
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insurance documents and contents of the payment information packet have been received
and approved.
XIII. IMPLEMENTATION
A. KICK-OFF MEETINGS
The successful proposer will be required to meet with City staff prior to commencement of
services or at any time as required by the City, to discuss and agree on operational issues
including transition of services and scheduling.
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EXHIBIT I
SCOPE OF SERVICES
Contractor shall adhere to the following requirements for the duration of this agreement:
Licensing Requirements: The contractor is expected to provide a vehicle capable of safely
transporting the secured deposit bag(s) from the identified City locations to the depository bank
location.
a. Vehicle Requirements: Car, truck, or van with light armor that is registered with the California
Department of Motor Vehicles (DMV). Proof of DMV registration must be submitted at the time
of contract execution and renewed on an annual basis.
b. Driver and/or owner of the armored vehicle must be licensed with the Bureau of Security and
Investigative Services (BSIS) and possess a current security guard card. Proof of license must
be submitted at the time of contract execution and renewed on an annual basis.
c. If an armored vehicle is furnished through a subcontractor or lease, the same requirements
apply as mentioned above.
2. Contractor shall be licensed by the State of California to do the work as outlined in this agreement.
Contractor shall obtain and maintain in good standing all applicable permits and licenses required to
perform the services outlined in this agreement. Proof of all permits and licenses must be submitted
at the time of contract execution and renewed on an annual basis.
3. All items and services to be furnished hereunder shall meet all applicable state and federal
requirements of the Occupational Safety Health Standard.
4. Staffing Requirements: All staff employed by the contractor will be properly licensed while performing
deposit pick-ups and drop-offs.
a. Contractor shall provide two (2) personnel in a contractor -furnished armored vehicle that
clearly identifies the firm's name. Personnel must be listed on the record provided to the City
outlining all authorized persons, with photo ID and signature, of who may pick up and sign for
deposits.
b. Staff must be BSIS licensed and provide proof of a current security guard card.
c. Staff shall provide proof of a BSIS Firearms Permit.
d. Staff must provide a valid California (DMV) driver's license. Contractor's assigned personnel
providing services must not have more than one (1) moving violation during the past two (2)
years.
e. Personnel shall wear uniforms clearly displaying the firm's name and display an identification
card on their person.
f. All personnel shall be qualified, efficient, and trustworthy, bond, and perform the service in
accordance with the recognized best industry practices.
g. All persons providing service under this agreement shall be employees of the firm.
i. Subcontracted employees will not be allowed to conduct the deposit transports.
h. Contractor is responsible to perform any background checks on Contractor's personnel in
accordance with agreement between the City and Contractor.
i. The City, at its discretion, reserves the right to verify Contractor's personnel's signature and
that the person performing the pickup is on the Contractor's list of authorized personnel prior
to release of a deposit. Deposits shall not be released to an individual without this information
on file at the pickup location.
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j. Contractor will be required to provide an updated personnel list to the City regarding any new
staff prior to the new staff member's arrival at the deposit pick up location as well as give
written notice in the event of revocation of such authority.
k. In the event that Contractor's personnel does not provide proper identification as required to
City staff and pick up is refused, Contractor will be required to immediately dispatch properly
credentialed staff for deposit pick up at no additional cost.
I. Contractor will be required to maintain a dedicated toll -free number for inquiries and customer
service.
5. City of Santa Ana Current Pickup Locations — Subject to change in consultation with Contractor
Location Address Service Frequency
Treasury inside City Hall 20 Civic Center Plaza, Santa Ana, CA 92701 M — Th & Alt F
Santa Ana Zoo 1801 E Chestnut Ave, Santa Ana, CA 92701 M — Sat
6. City of Santa Ana Current Deposit Location — Subject to change in consultation with Contractor
Location Address Service Frequency
7. Contractor Responsibilities
a. Contractor agrees that the secured bag(s) will remain unopened, free from tampering, and will
be safely delivered and accepted by the City's designated banking institution for deposit.
Contractor will be required to ensure that the proper standard and industry specific controls
are in place to prevent tampering of bags and their contents.
b. Provide daily pick-up and delivery of cash, checks, and coins from each of the City's pickup
locations as listed above, excluding observed holidays.
i. It will be the Contractor's responsibility to verify the security of the shipment and notify
the City representative(s) if the deposit bag(s) do(es) not appear to be securely locked
or sealed prior to acceptance.
c. Provide all services, labor, materials, transportation, and equipment needed to perform the
work indicated in this agreement. Including but not limited to:
i. Manifests,
ii. Receipt books,
iii. Pick up sheets,
iv. Tags, and
v. Forms for all locations. Materials supplied must comply with all requirements as
specified by the City's financial institution.
d. Maintain adequate procedures to ensure that all bank deposit bags are properly secured,
inventoried, tracked, and delivered promptly to the correct financial institution.
i. Should an error occur such as incorrect delivery or loss, Contractor will be required to
provide verbal notice of the error to the City immediately upon discovery, with written
notification provided within one business day.
e. Contractor will be required to provide a signed, sequentially numbered, receipt to the City, for
the deposit at the time of pick up.
f. Contractor will be required to retain the original receipt for no less than four years plus current
year, as well as the ability to provide deposit tracking for the same four-year period plus current
year.
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g. At the time of deposit delivery to the City's financial institution, Contractor's personnel will be
required to sign and retain a copy of the time -stamped bank delivery receipt(s), as proof of
deposit delivery.
i. The City may request, and the Contractor will be required to provide, a copy of the
deposit bank's delivery receipt at any time within five years of the deposit pick up date
at no additional cost to the City.
h. Assume sole liability for the security of the deposit bags immediately upon receipt.
i. Liability will cease upon receipt of an authorized signature from the deposit location.
i. Provide a special pick-up in the event the proposer fails to pick-up as scheduled at no
additional charge or issue appropriate credit on the applicable invoice.
j. Research of missing or disputed items will be done at no additional cost to the City.
i. The City will make a written notification or email to the firm regarding a missing or
disputed deposit.
ii. The deposit will be resolved by the contractor within thirty (30) calendar days of
notification from the City.
iii. If any loss of or damage to any shipment of valuables occurs (in whole or in part), the
City shall notify Contractor in writing and by phone as soon as reasonably possible
after the loss or damage is discovered or should have been discovered, but in no event
later than thirty (30) days after the shipment was picked up by Contractor.
k. Provide transport and delivery of change orders as needed.
I. Provide reports to the City as requested which include but are not limited to Invoice Reports,
Issues Reports, and Delivery Reports.
m. Provide documentation of business continuity plan to be utilized in the event of a natural
disaster.
8. Liaison
a. Contractor will appoint a dedicated senior level individual and a qualified back-up, as the
Contractor's representative for the entire period of this Agreement to act as a liaison with the
City.
i. This representative shall be solely responsible for ensuring that Contractor complies
with the requirements of this Agreement and resolves issues that may arise on a day-
to-day basis during the term of the Agreement.
CITY OF SANTA ANA
EXHIBIT II
SAMPLE AGREEMENT
CONSULTANT AGREEMENT
CITY OF SANTA ANA
THIS AGREEMENT is made and entered into on this day of , 20_ by and between
, ("Consultant"), and the City
of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and
laws of the State of California ("City").
RECITALS
A. The City desires to retain a Consultant having special skill and knowledge in the field of:
B. Consultant represents that Consultant is able and willing to provide such services to the City.
C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable
in its field and that any services performed by Consultant under this Agreement will be performed
in compliance with such standards as may reasonably be expected from a professional consulting
firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms
and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall 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, attached hereto and
incorporated by reference.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City,
the rates and charges identified in Compensation - Exhibit B. The total amount to be
expended during the term of this Agreement shall not exceed $xxxxxx.
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 Consultant agree
that all payments due and owing under this Agreement shall be made through Automated
Clearing House (ACH) transfers. Consultant 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 Consultant'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
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This Agreement shall commence on "the date first written above" for a three (3) year term with
the option for the City to grant up to two (1)-year renewals, exercisable by a writing by the City Manager
and the City Attorney, unless terminated earlier in accordance with Section 15, below.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent
Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to
create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise
discretion or control over the professional manner in which Consultant performs the services which are
the subject matter of this Agreement; however, the services to be provided by Consultant shall be
provided in a manner consistent with all applicable standards and regulations governing such services.
Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance
and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify,
reuse, or sublicense any and all copyrights, designs, and other intellectual 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 Consultant
under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in
writing that City is granted a non-exclusive and perpetual license for any Documents & Data the
subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has
the legal right to license any and all Documents & Data. Consultant makes no such representation and
warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not
be limited in any way in its use of the Documents and Data at any time, provided that any such use not
within the purposes intended by this Agreement shall be at City's sole risk.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall
require any subcontractors to obtain and maintain insurance as described below for the entire Term of
this Agreement against claims for injuries to persons or damage to property which may arise from or in
connection with services, products and materials supplied to City. Total cost of such insurance shall be
borne by Consultant.
MINIMUM SCOPE AND LIMIT OF INSURANCE
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: 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.
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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, 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: with limits no less than $1,000,000 per occurrence or claim,
and $2,000,000 aggregate.
If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each
line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the
higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to City.
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 Consultant's CGL, Professional Liability, and Automobile Liability
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. Consultant'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 any policy which arise from work performed by Consultant under this Agreement.
3. For any claims related to this contract, Consultant'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
Consultant'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: Finance & Management Services Agency, City of Santa Ana, 20 Civic Center
Plaza (M-15) P.O. Box 1988, Santa Ana, California 92702. 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
Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and
related investigations, claim administration, and defense expenses within the retention.
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
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Consultant 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 Consultant'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.
7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents,
employees, contractors, special counsel, and representatives from liability: (1) for personal injury,
damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal
injury, including death, and claims for property damage, which may arise from the negligent operations
of the 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 Consultant further agrees to indemnify, hold harmless, and pay all
costs for the defense of the City, including fees and costs for special counsel to be selected by the City,
regarding any action by a third party challenging the validity of this Agreement, or asserting that personal
injury, damages, just 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.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant 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 Consultant to the City pursuant to this Agreement.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under
this Agreement. Consultant shall maintain complete and accurate records with respect to the costs
incurred under this Agreement and any services, expenditures, and disbursements charged to the City
for a minimum period of three (3) years, or for any longer period required by law, from the date of final
payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of
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such records and any other documents created pursuant to this Agreement during regular business
hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related
to this Agreement for a period of three (3) years from the date of final payment to Consultant under this
Agreement.
10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is
reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or
disclose such information except in the performance of this Agreement, and further agrees to exercise
the same degree of care it uses to protect its own information of like importance, but in no event less than
reasonable care. "Confidential Information" shall include all nonpublic information. Confidential
information includes not only written information, but also information transferred orally, visually,
electronically, or by other means. Confidential information disclosed to either party by any subsidiary
and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and
nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources;
(b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful
possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by
operation of law; or (e) is independently developed by the Consultant without reference to information
disclosed by the City.
11. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified under this Agreement.
12. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual
orientation, gender identity, gender expression, gender, medical conditions, genetic information, or
military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by
applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other
employment related activities or any services provided under this Agreement. Consultant affirms that it
is an equal opportunity employer and shall comply with all applicable federal, state and local laws and
regulations.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the
event of a conflict between the 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 Consultant or the City. Each party to this Agreement
acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have
been made by any party, or anyone acting on behalf of any party, which is not embodied herein.
14. ASSIGNMENT
(9)
CITY OF SANTA ANA
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written
consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior
written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit
the City's ability to have any of the services which are the subject to this Agreement performed by City
personnel or by other Contractors retained by City.
15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination.
In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for
all services performed by Consultant prior to receipt of such notice of termination, subject to the following
conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver
to the City all work product(s) completed as of such date, and in such case such work
product shall be the property of the City unless prohibited by law, and Consultant consents
to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by
the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving
the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed
a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver
constitute a continuing waiver unless the writing so specifies.
17. 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.
18. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits,
approvals, waivers, and exemptions necessary for the provision of the services hereunder and required
by the laws and regulations of the United States, the State of California, the City of Santa Ana and all
other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to
obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be
cause for termination of this Agreement.
19. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall
be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or
certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided
in this Section, to the following persons:
(9)
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:
CITY OF SANTA ANA
Executive Director, Finance & Management
Services Agency
City of Santa Ana
20 Civic Center Plaza (M-15)
P.O. Box 1988
Santa Ana, California 92702
Fax:
To Contractor:
First & Last Name
Title
Consultant Firm Name
Address
City, State, Zip
Fax:
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.
20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power,
authority and right to bind their respective parties to each of the terms of this Agreement,
and shall indemnify City fully, including reasonable costs and attorney's fees, for any
injuries or damages to City in the event that such authority or power is not, in fact, held by
the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth
in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above
written.
ATTEST: CITY OF SANTA ANA
(9)
Jennifer L. Hall
City Clerk
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
A, -
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
CITY OF SANTA ANA
Executive Director
Finance & Management Services Agency
Alvaro Nunez
City Manager
CONSULTANT:
(name)
(title)
SAMPLE ONLY
(9)
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.
LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS
BUSINESS ADDRESS
PRINTED NAME OF AUTHORIZED AGENT TITLE
SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS
FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER
(IFAPPLICABLE)
CITY OF SANTA ANA BUSINESS LICENSE NUMBER
(PLEASE PROVIDE IF AVAILABLE, BUT NOT REQUIRED UNTIL AND IF AN AWARD IS MADE TO PROPOSER.)
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
(9)
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.
REFERENCE
Customer Name: Contact Individual:
Address: Phone Number:
EMAIL:
Contract Amount: Year:
Description of supplies, equipment, or services provided:
REFERENCE
Customer Name:
Address:
Contact Individual:
Phone Number: .
EMAIL:
Contract Amount: Year:
Description of supplies, equipment, or services provided:
REFERENCE
Customer Name:
Address:
Contact Individual:
Phone Number: .
EMAIL:
Contract Amount: Year:
Description of supplies, equipment, or services provided:
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
(9)
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.
Firm
Signed and Printed Name:
Title
Date
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
(9)
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 certification may subject the certifier to criminal prosecution.
Signed
State of , County of
Subscribed and sworn to (or affirmed) before me on this day of , 20 , by
, proved to me on the basis of satisfactory evidence to be the person(s)
who appeared before me.
Notary Public Signature Notary Public Seal
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
(9)
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:
Firm:
Date:
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
(9)
CITY OF SANTA ANA
ATTACHMENT F
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.
6. 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.
7. 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
(9)
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:
Title:
Firm:
Date:
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.