HomeMy WebLinkAbout25I - AGMT HOMELAND SECURITY GRANT REVISREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 7, 2019
TITLE:
APPROVE AGREEMENT WITH FILLER
SECURITY STRATEGIES, INC. IN THE
AMOUNT OF $49,750 TO PROVIDE A
REVISION TO THE COUNTYWIDE
HOMELAND SECURITY GRANTS STRATEGY
(STRATEGIC PLAN NO. 1,6)
tat ��:i•1,�1 ��:
❑ As Recommended
❑ As Amended
❑ Ordinance on 16' Reading
❑ Ordinance on 2n° Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Authorize the City Manager and Clerk of the Council to execute an agreement with Filler Security
Strategies, Inc. for the period of May 7, 2019 through December 31, 2019, to provide one revision
to the Countywide Homeland Security Grants Strategy in an amount not to exceed $49,750, subject
to non -substantive changes approved by the City Manager and City Attorney. The agreement
includes the option for the City to grant an extension exercisable in writing by the City Manager and
City Attorney.
DISCUSSION
The United States Department of Homeland Security has developed the Urban Areas Security
Initiative (UASI) funding program. UASI is designed to address the unique planning, equipment,
training, and exercise needs of high -threat, high-density urban areas and provides funds to local
emergency first responders that assist in building an enhanced and sustainable capacity to prevent,
protect, respond to, mitigate and recover from acts of terrorism. The grant specifically provides
funding for anti -terrorism equipment, planning, training, exercises and technical assistance. Santa
Ana has been designated as an Urban Area Core City since 2003. As such, for selected grant
years, Santa Ana is the fiduciary for the region and manages projects, which include providing
training and procuring equipment utilized by the 34 jurisdictions in Orange County.
In 2013, UASI grant program funds were utilized to develop the Countywide Homeland Security
Grants Strategy. The Strategy is used by the Anaheim/Santa Ana Urban Area (ASAUA) as a basis
for proposing projects to be funded through the Homeland Security Grant Program. It identifies
countywide goals, objectives, and priorities to streamline regional efforts and maximize
organizational efforts in support of the National Preparedness Goal (Goal) and the following five
mission areas: to prevent, protect, mitigate, respond to and recover from terrorist attacks and
catastrophic natural disasters. It focuses on addressing the Urban Area's target capabilities and
sustaining robust programs in support of the Whole Community approach.
251-1
Agreement with
May 7, 2019
Page 2
Filler Security Strategies Inc.
On January 29, 2019, the Police Department issued a request for proposals (RFP #19-010) for a
revision to the Countywide Homeland Security Grants Strategy. On February 20, 2019, the City
received a proposal from Filler Security Strategies, Inc. Filler Security Strategies was the sole
proposal received in response to the City's request. An evaluation committee consisting of
representatives the Anaheim/Santa Ana Urban Area reviewed and rated the proposal based on
established evaluation criteria outlined within the RFP.
According to the RFP, the consultant would be responsible for reviewing the current strategy,
conducting planning meetings with ASAUA subject matter experts and stakeholders, and providing
a revised strategy document that incorporates the updated goals and objectives of the region in
support of federal homeland security program initiatives.
The proposed revision should maintain, or build on, the following key components:
I. Purpose, Vision, Focus, and Coordination
It. Goals, Objectives, and Implementation Steps
III. Evaluation Plan for the Homeland Security Strategy
IV. Strategy Update Summary
The results of the RFP evaluation are as follows:
Vendor
Score
Filler Security Strategies
92
100 point max
Filler Security Strategies was the sole respondent to this RFP. However, Filler Security Strategies
has extensive expertise and knowledge in homeland security strategies, grant funding, and multi-
discipline collaboration. The agreement will cover the period of May 7, 2019 through December 31,
2019. Although this agreement is within the City Manager's contract authority, the RFP indicated
that this item would be brought to City Council for approval.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal # 1 Community Safety, Objective #6,
(Enhance Public Safety integration, communications and community outreach).
FISCAL IMPACT
Funds in the amount of $49,750 are available in the FY17 UASI Grant Program fund accounts (no.
12514407-62300-18428101186-3492).
Chief of Police
Santa Ana Police Department
APPROVED AS TO FUNDS AND ACCOUNTS:
Kathryn Dow s, CPA
Executive Director
Finance and Management Services Agency
Exhibit: 1. Agreement with Filler Security Strategies
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Exhibit 1
AGREEMENT WITH FILLER SECURITY STRATEGIES, INC.
TO PROVIDE REVISION TO THE COUNTYWIDE HOMELAND
SECURITY GRANTS STRATEGY
THIS AGREEMENT is made and entered into on this 7" day of May, 2019 by and between Filler
Security Strategies, Inc., a Maine corporation ("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. On January 29, 2019, the City issued a Request for Proposal #19-010 ("RFP") seeking a
consultant to deliver an in-depth revision of the City's countywide ASAUA and Orange
County Operational Area (OCOA) Homeland Security Grants Strategy (Strategy). The
2018 ASAUA/OCOA Strategy Update process will focus on updating the current strategy
to align with the priorities, goals, and objectives with current Homeland Security Grant
Program (HSGP) program and Federal guidelines.
B. On February 18, 2019, Consultant submitted a timely and responsive proposal that was
selected by the City. Consultant represents that Consultant is able and willing to provide
the services described in the scope of work that was included in the RFP and attached as
Exhibit A to this Agreement
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services 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:
I. SCOPE OF SERVICES
a. 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 Exhibit A,
attached hereto and incorporated by reference. Contractor's proposal shall also be
incorporated by reference as though fully set forth herein.
b. In performing these services, the Consultant shall abide by the Federal Grant Contract
Provisions detailed in Exhibit G to the RFP. A copy of this exhibit is attached hereto
and identified as Exhibit C to this Agreement and is incorporated by reference.
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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 Exhibit B. The total amount to be expended
for this Agreement shall not exceed -$49;750:::=
b. Payment by City shall be made within forty-five (45) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment
need not be made for work which fails to meet the standards of performance set forth
in the Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above and continue until
December 31, 2019, with the option for the City to grant an extension 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 contractor and not an employee of the City. This Agreement is not intended nor shall
it be construed to create an employer-employee relationship, a joint venture relationship, or to
allow the City to exercise discretion or control over the professional manner in which Consultant
performs the services which are the subject matter of this Agreement; however, the services to be
provided by Consultant shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Consultant shall pay all salaries and wages, employer's social
security taxes, unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
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.
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6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain
and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance naming the City, its officers, employees, agents,
volunteers and representatives as additional insured(s) and shall include, but not be
limited to protection against claims arising from bodily and personal injury,
including death resulting therefrom and damage to property, resulting from any act
or occurrence arising out of Consultant's operations in the performance of this
Agreement, including, without limitation, acts involving vehicles. The amounts of
insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property
damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the
aggregate. Such insurance shall (a) name the City, its officers, employees, agents,
and representatives as additional insured(s); (b) be primary and not contributory
with respect to insurance or self-insurance programs maintained by the City; and
(c) contain standard separation of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include
coverage for owned, hired and non -owned automobiles.
C. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
i. Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
ii: Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved by the City.
iii. Certificates and policies shall state that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty
(30) days prior written notice to the City.
iv. Where the amounts or coverage provided by the certificates of insurance
provides coverage greater than those listed by this Agreement, the amounts
provided by the certificates of insurance shall be incorporated by reference
into the Agreement.
V. Consultant shall supply City with a fully executed additional insured
endorsement.
d. if Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has
been procured and is in force and paid for, the City shall have the right, at the City's
election, to forthwith terminate this Agreement. Such termination shall not affect
Consultant's right to be paid for its time and materials expended prior to notification
of termination. Consultant waives the right to receive compensation and agrees to
indemnify the City for any work performed prior to approval of insurance by the
City.
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7. INDEMNIFICATION
To the fullest extent permitted by law, contractor shall indemnify, defend and hold
harmless City, its officers, agents and employees (collectively, the "indemnified parties") from
and against any and all claims (including, without limitation, claims for bodily injury, death or
damage to property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's
fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim;
collectively, "claims"), which may arise from or in any manner related (directly or indirectly) to
any work performed or services provided under this contract (including, without limitation, defects
in workmanship and/or materials) or contractor's presence or activities conducted performing the
work (including the negligent and/or willful acts, errors and/or omissions of contractor, its
principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone
employed directly or indirectly by any of them or for whose acts they may be liable for any or all
of them). Notwithstanding the foregoing, nothing herein shall be construed to require contractor
to indemnify the indemnified parties from any claim arising from the negligence or willful
misconduct of the indemnified parties. Nothing in this indemnity shall be construed as authorizing
any award of attorney's fees in any action on or to enforce the terms of this contract. This
indemnity shall apply to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of indemnification to be
provided by the contractor.
g. 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 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
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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, age, national origin, ancestry, or disability, as defined and prohibited by
applicable law, in the recruitment, selection, training, utilization, promotion, termination or other
employment related activities. 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
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the terms
of this Agreement shall prevail. This Agreement may not be modified except by written instrument
signed by the City and by an authorized representative of Consultant. The parties agree that any
terms or conditions of any purchase order or other instrument that are inconsistent with, or in
addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each
party to this Agreement acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any
party, which is not embodied herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement shall
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be construed to limit the City's ability to have any of the services which are the subject to this
Agreement performed by City personnel or by other consultants retained by City.
15. TERNIINATION
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.
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19. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed by
first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in
the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714-647-6956
With courtesy copies to:
Chief of Police
City of Santa Ana
60 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702
Fax: 714-245-8007
To Consultant:
Joshua Filler, President
Filler Security Strategies, Inc.
34 Farm Gate Road
Falmouth, ME 04105
Office: (202) 279-1095
Fax: (202) 761-4013
Email: jfiller@fssconsulting.net
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 &acnes, weekends, federal, state, County or City holidays shall be excluded.
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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 fust
above written.
ATTEST:
Norma Mitre
Acting Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
Tamara Bogosian "
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
David Valentin
Chief of Police
CITY OF SANTA ANA
Kristine Ridge
City Manager
CONSULTANT:
Jo hua Filler
resident
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EXHIBIT A
SCOPE OF SERVICES
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EXHIBIT A
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
COUNTYWIDE HOMELAND SECURITY GRANTS STRATEGY UPDATE
SCOPE OF SERVICES
DESCRIPTION AND SCOPE OF WORK
The City of Santa Ana, on behalf of the Anaheim/Santa Ana Urban Area (ASAUA), is seeking a vendor
who can deliver an in-depth revision of our countywide ASAUA and Orange County Operational Area
(OCOA) Homeland Security Grants Strategy (Strategy). The 2018 ASAUA/OCOA Strategy Update
process will focus on updating the current strategy to align with the priorities, goals, and objectives
with current HSGP program and Federal guidelines.
The consultant would be responsible for reviewing the current strategy, conducting planning meetings
with ASAUA subject matter experts and stakeholders, and providing a revised strategy document that
incorporates the updated goals and objectives of the region in support of federal homeland security
program initiatives.
A. BACKGROUND INFORMATION
The requested revision will be paid in part or in full with funding from the United States Department
of Homeland Security's Urban Areas Security Initiative (UASI) grant. Funding from this grant is
applied to homeland security related training, exercises, equipment, and projects in the ASAUA.
The ASAUA is comprised of the County of Orange, 34 incorporated cities, and two universities with
a population of over 3 million people. The ASAUA has approximately 12,000 public safety
emergency responders from the fire service, law enforcement, and public health. UASI grant
management support is provided by the two largest cities in the ASAUA, Santa Ana and Anaheim.
These two cities alternate fiscal responsibility and administration of the UASI grant.
The Strategy is used by the ASAUA as a basis for proposing projects to be funded through
Homeland Security Grant Program dollars. It identifies countywide goals, objectives, and priorities
to streamline regional efforts and maximize organizational efforts in support of the National
Preparedness Goal (Goal) and the following five mission areas: to prevent, protect, mitigate,
respond to and recover from terrorist attacks and catastrophic natural disasters. It focuses on
addressing the Urban Area's target capabilities and sustaining robust programs in support of the
Whole Community approach.
B. OBJECTIVE
Proposed revision should maintain, or build on, the following key components:
I. Purpose, Vision, Focus, and Coordination
It. Goals, Objectives, and Implementation Steps
III. Evaluation Plan for the Homeland Security Strategy
IV. Strategy Update Summary
City of Santa Ana — RFP 19-010 for Homeland Security Grants Strategy Update
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C. PERFORMANCE SCHEDULE
Revision of the Homeland Security Strategy must be delivered by December 31, 2019 to align with
deadlines put forth by the UASI grant program. The City anticipates the final award of agreement to
the vendor on March 5, 2019.
D. MINIMUM REQUIREMENTS
Proposer shall have substantial knowledge of the National Preparedness Goal, HSGP
program guidelines and requirements.
2. Proposer's assigned staff shall have three years or more of experience in regional planning
and coordination efforts for multiple jurisdictions and disciplines.
City of Santa Ana — RFP 19-010 for Homeland Security Grants Strategy Update
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EXHIBIT B
COMPENSATION
Fee Proposal including hourly rates if applicable
251-14
Exhibit B -Agreement vAth Filler
Security Strategies (2019)
Exhibit C to RFP 19-010
CITY OF SANTA ANA REQUEST FOR PROPOSALS
COUNTYWIDE HOMELAND SECURITY GRANTS STRATEGY UPDATE PROPOSERS
CERTIFICATION and PROPOSAL ITEM PRICING
Certification - I certify that I have read, understand and agree to the terms and conditions of this
Request for Proposals. I have examined the Scope of Services (Exhibit A) and am familiar
with the scope of work Dations. I am familiar with all the existing conditions and limitation
that may impact work requests. I understand and agree that I am responsible for reporting any
errors, omissions or discrepancies to the City for clarification prior to the submission of my
proposal.
Proposal Item Price - Pricing shall be based on the scope of services described in Exhibit A. Cost
proposal shall include all costs for delivery of the Homeland Security Grants Strategy Update.
LINE
DESCRIPTION
QUANTITY
UNIT
UNIT
QUANTITY
UNIT
I PRICE
EXTENDED
TOTAL PRICE
1
Kick-off Meeting
1
1
1
$1,500
$1,500
2
Complete research, review local plans,
source materials, and deliver summary
report
1
1
1
$6,000
$6,000
3
Review assessment data and develop
capability questionnaire
1
1
1
$6,000
$6,000
4
Conduct strategy workshop
1
1
1
$13,250
$13,250
5
Produce draft strategy
1
1
1
$21,000
$21,000
6
Produce final strategy and briefing
1
1
1
$2,000$2,000
Total Extended Cost
$49,750
_Filler Security Strategies, Inc. (202) 279-1095 (207)-761-4013
LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS
34 Farm Gate Rd., Falmouth, Maine 04105
BUSINESS ADDRESS
Joshua Filler President
PRINTED NAME OF AUTHORIZED AGENT TITLE
OF
20-3837347 NIA
FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IF APPLICABLE)
13
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EXHIBIT C
FEDERAL GRANT CONTRACT PROVISIONS
(provided as Exhibit G to RFP #19-010)
251-16
Exhibit C - Agreement with Filler
Security Strategies (2019)
EXHIBIT G - RFP 19-010
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
COUNTYWIDE HOMELAND SECURITY GRANTS STRATEGY UPDATE
FEDERAL GRANT CONTRACT PROVISIONS
CERTIFICATIONS
a. Debarment and Suspension - Contractor will comply, and all its contractors will comply, with applicable
federal suspension and debarment regulations including, but not limited to, Executive Orders 12549 and
12689, and 2 Code of Federal Regulations (CFR) §200.212 and codified in 2 CFR Part 200.
b. Section 504 of the Rehabilitation Act of 1973 (Handicapped) - All recipients of federal funds must comply
with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds recipient
pursuant to the requirements of The Act hereby gives assurance that no otherwise qualified handicapped
person shall, solely by reason of handicap be excluded from the participation in, be denied the benefits of
or be subject to discrimination, including discrimination in employment, in any program or activity that
receives or benefits from federal financial assistance. The Contractor agrees it will ensure that
requirements of The Act shall be included in the agreements with and be binding on all of its contractors,
subcontractors, assignees or successors.
c. Americans with Disabilities Act of 1990 - (ADA) Contractor must comply with all requirements of the
Americans with Disabilities Act of 1990 (ADA), as applicable.
d.. Lobbying. and Political Activity - None of the. funds, materials, property, or services. provided directly or
indirectly under this agreement shall be used for any partisan political activity, or to further the election or
defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act".
e. Contractor will comply with all applicable lobbying prohibitions and laws, including those found in United
States Code Title 31, § 1352, et seq., and agrees that none of the funds provided under this award may
be expended by the Contractor to pay any person to influence, or attempt to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with any federal action concerning the award or renewal of any
federal contract, grant, loan, or cooperative agreement.
f. Contractor will comply, and all its contractors will comply, with all requirements of the Byrd Anti -Lobbying
Amendment (31 U.S.C. 1352), as applicable.
g. Non -Discrimination and Equal Opportunity- Contractorwiil comply, and all its contractors will comply, with
Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as
amended; Subtitle A, Title 11 of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education
Amendments of 1972; the Age Discrimination Act of 1975, as amended; Drug Abuse Office and Treatment
Act of 1972, as amended; Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970, as amended; Section 523 and 527 of the Public Health Service Act of 1912,
as amended; Title VIII of the Civil Rights Act of 1968, as amended; Department of Justice Non -
Discrimination Regulations, 28 CFR Part 42, Subparts C, D. E, and G; and Department of Justice
regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a Federal or State court,
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Federal or State administrative agency, or the Contractor makes a finding of discrimination after a due
process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient
of funds, the Contractor will forward a copy of the findings to CITY which will, in tum, submit the findings
to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice.
h. Contractor will comply, and all its contractors will comply, with all requirements of the Executive Order
11246 of September 24, 1965, entitled "Equal Employment Opportunity, as amended by Executive
Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR
chapter 60), as applicable.
i. Contractor will comply, and all its contractors will comply, with all requirements of the Califomia Public
Contract Code Section 10295.3, as applicable.
j. Contractor will comply, and all its contractors will comply, with all requirements of the Copeland "Anti -
Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3), as
applicable.
k. Contractor will comply, and all its contractors will comply, with all requirements of the Davis -Bacon Act
(40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR Part 5), as
applicable.
I. Contractor will comply, and all its contractors will comply, with all requirements of Sections 103 and 107
of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) as supplemented by
Department of Labor regulations (29 CFR Part 5), as applicable.
m. Contractor will comply, and all its contractors will comply, with all applicable standards, orders or
requirements issued under Section -306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the
Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the Environmental Protection Agency
regulations (40 CFR part 15), as applicable.
n. Contractor will comply, and all its contractors will comply, with all requirements of the Energy Policy and
Conservation Act (Pub. L. 94-163,89 Stat. 871), (53 FR 8078, 8087, Mar. 11, 1988, as amended at 60
FR 19639, 19645, Apr. 19, 1995), as applicable.
o. Contractor will comply, and all its contractors will comply, with all requirements of Section 6002 of the
Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as applicable.
p. Contractor will comply with the Federal Water Pollution Control Act (33 U.S.C. 1251-1387) as applicable.
q. Contractor agrees that the Department of Homeland Security shall have the authority to seek patent
rights for any process, product, invention or discovery developed and paid for with funding through this
Agreement based on the requirements of 37 CFR§ 401, as applicable.
r. Pursuant to 2 CFR section 200.315, Contractor may copyright any work that is subject to copyright and
was developed, or for which ownership was acquired, under a Federal award. The Federal awarding
agency reserves a royalty -free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use
the work for Federal purposes, and to authorize others to do so. The Federal government has the right
to:
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(1) Obtain, reproduce, publish or otherwise use the data produced under a Federal award; and
(2) Authorize others to receive, reproduce, publish, or otherwise use such data for Federal
purposes.
Contractor will provide information pursuant to 2 CFR section 200.315(e) for response to a Freedom of
Information Request when applicable.
s. Contractor will comply with the provisions of 2 C.F.R. section 200.315 regarding the use of intangible
property.
t Contractor will comply with all applicable local, state and federal statutes, codes and regulations
regarding the use of state or federal grant funds and property acquired with those grant funds.
u. If the product is defective, does not function as represented or advertised, City is entitled to either a full
refund of the purchase price or replacement of the product for a new product at the City's election.
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