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HomeMy WebLinkAboutFILLER SECURITY STRATEGIES, INC.JRANCE ON FILL. A-2019-068 RK MAY PROCEED 'IL INSURANCE EXPIRES AI'EJUN i s 1019 AGREEMENT biVITII FILLER SECURITY STRATEGIES, INC. o1. �> 1-1TO PROVIDE REVISION TO THE COUNTYWIDE HOMELAND �,w /Awkip", SECURITY GRANTS STRATEGY THIS AGREEMENT is trade and entered into on this 76 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. Page 1 of 9 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. 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. 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. Page 2 of 9 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. Page 3 of 9 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. 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. :`�iTi t7iA7.� 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. 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 Page 4 of 9 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. ii 011130II17T. t9r s t cl 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 terns 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 Page 5 of 9 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. 19. 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. Page 6 of 9 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 frames, weekends, federal, state, County or City holidays shall be excluded. Page 7 of 9 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. M1 R - v! .e Laa40-0 J:_ � 1 APPROVED AS TO FORM: SONIA R. CARVALHO Tamara Bogosian Assistant City Attorney RECOMMENDED FOR APPROVAL: Chief of Police CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT: Jo hua Filler resident Page 8 of 9 EXHIBIT A SCOPE OF SERVICES CITY OF SANTA ANA REQUEST FOR PROPOSALS • 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. 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. Proposed revision should maintain, or build on, the following key components: 1. Purpose, Vision, Focus, and Coordination II. Goals, Objectives, and Implementation Steps Ill, Evaluation Plan for the Homeland Security Strategy IV, Strategy Update Summary City of Santa Ana — RFP 19-010 for Homeland Security Grants Strategy Update Page 9 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 1. 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 Page 10 COMPENSATION Fee Proposal including hourly rates if applicable Exhibit RFP 010 CITY OF SANTA ANA REQUEST FOR PROPOSALS COUNTYWIDE HOMELAND SECURITY GRANT$ STRATEGY UPDATE PROPOSERS CERTIFICATION .d PROPOSAL 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 locations. I am familiar with all the existing conditions and limitation that may impact work requests, l understand and agree that t 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 UNIT EXTENDED QUANTITY PRICE TOTAL PRICE t Kick-off Meeting 1 1 1 $1,500 $1,500 2 Complete research, review local plans, source materials, and deliver summary 1 1 1 $6,000 $6,0 00 report 3 Review assessment data and develop 1 1 1 $6,C00 $6' OW capability questionnaire 4 Conduct strategy workshop 1 1 1 $13,250 $13,250 5 Produce draft strategy 1 1 1 $211000 $21,000 6 Produce final strategy and briefing 1 1 1 $21000 $2,000 Total Extended Cost $49,750 Fitlar Security Strategies, Inc. (2U2279-1U95 20i)-761-4U13 LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS 34 Farm Gate Rd., Falmouth Maine 04105 BUSINESS ADDRESS OF AUTHORIZED AGENT DATE E-MAIL ADDRESS 20-3837347 _ _ NBA FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IF APPLICABLE) 13 1s1;1€1_I-I llm FEDERAL GRANT CONTRACT PROVISIONS (provided as Exhibit G to RFP #19-010) EXHIBIT G - RFP 19-010 REQUESTCITY OF SANTA ANA #' PROPOSALS CERTIFICATIONS Exhibit C - Agreement with Filler Security Strategies (2019) 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 12540 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 - Contractor will 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 it 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 Vila 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, City of Santa Ana > RFP 19-010 far Homaland Security Grants Strategy Update Page 22 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 turn, 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 California 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 StaL 871), (53 FIR 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: City of Santa Ana — RFP 19-010 for Homeland Security Grants Strategy Update Page 23 (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. City of Santa Ana — RFP 19-010 for Homeland Security Grants Strategy Update Page 24 ACORD CERTIFICATE OF LIABILITY INSURANCE rm IDATE 1712019 YYY) 05/1712019 PRODUCER Katzman Insurance Services Inc. 1385 Bunker ct. Vero Beach, FL 32966 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED FILLER SECURITY STRATEGIES INC. 34 FARM GATE ROAD FALMOUTH, ME 04105 INSURER A: PHILADELPHIA INSURANCE COMPANY 18058 IHELPERS: INSURER C: v INSURER D: _ UI BR E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED A80VE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DO-1POLICY NUMBER POLICYEPPECTIVE 10LICYE%PIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1500000 A X X COMMERCIAL GENERAL LIABILITY X _ CLAIMS MADE [i] OCCUR PHSD1406333 0212212019 02122/2020 —DAMAGE RENTED MED EXP (Anyona,per9on $50000 5000 PERSONAL &AOV INJURY $ 1000000 GENERALAGGREGATE s 2000000 GEH'L AGGREGATE LIMIT APPLIES _ PER: PRODUCTS - COMPIOPAGG S2000000 X POLICY PRO- A X AUTOMOBILEIFCT LIABILITY ANY AUTO PHSD1406333 0212212019 02/2212020 COMBINED SINGLE LIMB (Ea accident) $1000000 BODILY INJURY (Per per90n1 $ X ALL OWNED AUTOS SCHEDULEDAUTOS BODILY INJURY (Per accident $ X X HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accitlenlY $ GARAGE LIABILITY AUTO ONLY -E ACCIDENT $ OTHER THAN EA ACC ANY AUTO AUTO ONLY: AGO EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ AGGREGATE OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC STA'1'U• OTN. OEYJJML 48 E.L, EACH ACCIDENT $ ANY PROPRIErOMPARTNERIEXECUTIVE E.L. DISEASE- EA EMPLOYEE S OFFICERMEMBER EXCLUDED? If yyes, desc,ibs undo, P CI LPROVISIONS b.bw El. DISEASE - POLICY LIMIT $ OTHER I A ERRORS & OMISSIONS PHSD1406333 02122/2019 02/22/2020 PER CLAIM 1000000 AGGREGATE 2000000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS City of Santa, its officers, employees, agents, voluteers and representatives are named additional Insured on the general liability and automobile policy. The coverage is primary and non-contributory. A waiver of subrogation in favor of the additional Insured's is endorsed. Review current strategy, conduct planning meetings with ASAUA subject matter experts and stakeholders, and provide a revised strategy document that incorporates the updated goals and objectives of the region in support of Federal Homeland Security program iniftiatives. CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES, VOLUNTEERS AND REPRESENTATIVES 20 CIVIC CENTER PLAZA SANTA ANA, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOP, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL IMPOSE NO OBLIGATION OR LIABILITY Of ANY KIND UPON THE INSURER, ITS AGENTS OR /docV f-- 6s ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY, POLICY Insurance Company Philadelphia Indemnity Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # PHSD140633 relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective 02/21/2019 this endorsement form as a pail of Policy # PHSD140633 Issued to Filler Security Strategies Inc. Named Insured _---...ve«eoa by pnFnuer.. Countersigned by ` - a3- - Authorized Representative WQRKE,R$' COMPENSATION DECLARATION I Joshua Filler hereby affirm under penalty of perjury, the (Natno/ritle) following declaration I certify on behalf of Filler Security Strategies, Inc. that during the term of my (Consult uUCompany Name) contract for homeland security consufiing services with the City of Santa Ana, I will not employ any person in any manner so as to become subject to the workers' compensation laws of California, and agree that if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with those provisions and provide proof of workers' compensation coverage. DATE: April 9, 2019 By: Joshua Filler _._._. eiplx9y stgonl i�y.loslrve finne Joshua Filler..,.,,, ,,xo;;,, Name: o.m: 261110.04 w,a:sa,sz.n.uo Title: President Telephone: (202) 279-1095 WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000). IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'$ FEES. ;W6� Ald-F�l SUPPLEMENTAL INSURANCE CHECKLIST TO: CLERK OF THE COUNCIL OFFICE FROM: CONTRACT ADMINISTRATOR: Commander Claborn EXT,:8274 NAME OF CONSULTANT / PARTY: Filler Security Strategies Inc AGREEMENT NUMBER (IF APPLICABLE): Please review the Insurance section of the agreement to ensure all necessary certificates of insurance are submitted to the Clerk's Office. Please provide ALL documents listed to fully execute the agreement and avoid payment delay to the vendor. Please check all boxes below that apply to your agreement. BUSINESS AUTOMOBILE LIABILITY NON -OWNED 0 ❑ HIRED ® ❑ OWNED 171 ❑ GENERAL LIABILITY m ❑ PROFESSIONAL LIABILITY ® ❑ WORKER'S COMPENSATION ❑ Ea REVISED; 9119/2018