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PATROL SOLUTIONS, LLC
INSURANCE NO' I)N `ILE A-2021-219 WORK MAY NG )i-,LICEED CLERK OF COUNCIL DATE: AGREEMENT BETWEEN THE CITY OF SANTA ANA AND PATROL SOLUTIONS, LLC FOR USE OF AMERICAN RESCUE PLAN ACT (ARPA) FUNDS C�fl (,du11f (Ait`(0-(tiVW0(z)T.T. This Agreement is hereby made and entered into this 16s' day of November, 2021, by and between 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"), and Patrol Solutions, LLC, a �m California limited liability company ("SUBRECIPIENT" or "CONTRACTOR'). INe e= RECITALS: u ® A. The American Rescue Plan Act ("ARPA") was signed into law in March 2021. ARPA provides funding for a number of different programs, including the Coronavims State and Local Fiscal Recovery Fund ("SLFRF"), to provide monetary support to local governments to respond to, mitigate, and recover from the COVID-19 public health emergency. B. On July 20, 2021, the Santa Ana City Council authorized the City Manager to utilize ARPA SLFRF funding from the United States Department of Treasury for the Revive Santa Ana Spending Plan, which includes five spending categories: recovery from the pandemic, direct assistance programs, public health and safety, critical infrastructure, and city fiscal health. C. On August 19, 2021, the CITY released Request for Proposals No. 21-099 ("RFP") for downtown Santa Ana unarmed security guard services. A copy of the RFP is attached herewith as Exhibit A. D. SUBRECIPIENT has been selected by the CITY to receive ARPA SLFRF Funds in order to provide unarmed security guard services, in accordance with the Scope of Work attached hereto as Exhibit B and incorporated herein by reference ("said program"). SUBRECIPIENT represents that it is qualified and willing to operate said program and certifies that the administration of said program carved out with funds provided under this Agreement will meet ARPA's objectives to respond to, mitigate, and recover from this historic COVID-19 public health crisis. E. SUBRECIPIENT agrees that it will adhere to the tasks and services as indicated in Exhibit B for said program. Failure to follow the requirements and meet the stated expectations may constitute breach of contract that could result in termination of this Agreement or serve as reason for the CITY to recapture the grant funds awarded to SUBRECIPIENT pursuant to this Agreement. WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a substantive part of this Agreement and the following terms and conditions are approved and together with all exhibits and attachments hereto, shall constitute the entire Agreement between the CITY and SUBRECIPIENT: I. ARPA PROGRAM PROVISIONS A. Scope of Work. SUBRECIPIENT shall be responsible for the specific tasks and services of said program, and agrees to administer said program in compliance with the tasks and services as described in the Scope of Work attached hereto as Exhibit B. SUBRECIPIENT's failure to perform as required may, in addition to other remedies set forth in this Agreement, result in readjustment of the amount of funds for said program or termination of this Agreement. B. Term of Agreement. The term of said Agreement shall commence on the date first written above and continue through November 15, 2022 ("Base Period"), with two (2) options to extend the term for one (1) additional year (each an "Option Period"), at the election of the CITY, unless terminated earlier pursuant to the terms of this Agreement. The Base Period and any Option Period(s) will constitute the "Term" hereof. This Agreement shall also cover any and all services provided by the SUBRECIPIENT to the CITY since the date the ARPA SURF Funds were awarded to the CITY. Additionally, the Term of this Agreement may be extended by a writing executed by the City Manager, or designee, and the City Attorney. C. Amount of Grant Funding. The potential total amount of funds provided for said program shall not exceed five -hundred and forty-five thousand dollars ($545,000.00) ("ARPA SURF Funds") during the Term of the Agreement. SUBRECIPIENT agrees to use said ARPA SURF Funds to administer said program as outlined in the Budget attached hereto as Exhibit C. D. Disbursement of Funds. Said ARPA SURF Funds shall be disbursed by CITY to SUBRECIPIENT pursuant to the terms found in the Budget attached hereto as Exhibit C, with payments subject to the submittal of invoices and other reporting requirements, as hereinafter more fully set forth. SUBRECIPIENT shall be obligated to perform such duties as would normally extend beyond the term, including, but not limited to, obligations with respect to indemnification, audits, reporting, data retention/reporting, and accounting. Failure to provide any of the required documentation and reporting will cause CITY to withhold all or a portion of a request for ARPA SURF Funds, or return the entire request to SUBRECIPIENT, until such documentation and reporting has been received and approved by CITY. (1) Reduction in ARPA SLFRF Funding. The CITY reserves the right to reduce the amount of ARPA SURF Funds to SUBRECIPIENT, or to completely terminate this Agreement, in the CITY's sole discretion, if there is a reduction in ARPA SURF Funds provided to the CITY. (2) Reduced Distribution of Funds. The CITY reserves the right to reduce the grant application if the CITY's fiscal monitoring indicates that SUBRECIPIENT's rate of expenditure will result in unspent finds at the end of the program term. Amendments in the grant allocation will be made after consultation with SUBRECIPIENT. (3) Reversion of Assets. SUBRECIPIENT agrees that any and all funds received under this Agreement shall be utilized during the Term of this Agreement, and that any and all funds remaining as of the end of the Term, which have not been utilized, shall be returned by SUBRECIPIENT to the CITY within thirty (30) days of the expiration or earlier termination of the Agreement. No expense of SUBRECIPIENT will be reimbursed by CITY if incurred after the end of the Term of the Agreement. E. Grant Program Requirements. (1) SUBRECIPIENT acknowledges that the source of funding for said program is the federal ARPA, and that payments from the ARPA SURF Funds are only to be used to make necessary expenditures incurred due to the public health emergency with respect to COVID-19. (2) SUBRECIPIENT acknowledges that ARPA provisions allow the use of ARPA SURF Funds to respond to, mitigate, and recover from the COVID-19 public health emergency, and will not use these ftmds for any other uses. F. Performance Monitoring. (1) SUBRECIPIENT shall submit program performance information as often as requested by CITY, but no less than the submission of monthly reports and a final report to CITY with the information requested by and in the format acceptable to CITY. Each monthly report is due within thirty (30) days of completion of work for each month. The final report is due within thirty (30) days after the termination or expiration of this Agreement. (2) CITY will evaluate SUBRECIPIENT's management and operation of said program with respect to the project expectations as described in Exhibit B, (3) CITY will review the audit of the SUBRECIPIENT to ensure that grant funds are used for authorized purposes in compliance with laws, regulations, and the provisions of contracts or grant agreements under this Agreement, including attachments and exhibits. (4) If action to correct any substandard performance is not taken by the SUBRECIPIENT within a reasonable period after being notified by CITY, suspension or termination procedures may be initiated by CITY. (5) All performance shall be subject to review by the CITY or other regulatory agencies at all times. SUBRECIPIENT shall provide adequate cooperation to any inspector or other CITY representative to permit the same to determine SUBRECIPIENT's conformity with the terms of this Agreement. If any services performed by SUBRECIPIENT are not in conformance with the terms of this Agreement, the CITY shall have the right to require SUBRECIPIENT to perform the services in conformance with the terms of the Agreement at no additional cost. The CITY may also terminate this Agreement for default and charge SUBRECIPIENT for any costs incurred by the CITY because of SUBRECIlMIENT's failure to perform. (6) SUBRECH'IENT shall establish adequate procedures for self -monitoring and quality control and assurance to ensure proper performance under this Agreement; and shall permit a CITY representative or other regulatory official to monitor, assess, or evaluate SUBRECIPIENT's performance under this Agreement at any time, upon reasonable notice to SUBRECIPIENT. G. Audit. (1) SUBRECIPIENT shall maintain complete and accurate records and supporting documentation to facilitate financial and/or program audits by CITY. This requirement shall apply to any records and documentation CITY shall reasonably require or as required to be maintained pursuant to the ARPA regulations. (2) The books and accounts, files, and other records of SUBRECIPIENT, which are applicable to this Agreement, shall be available for inspection, review, and audit during normal business hours by CITY to determine the proper application and use of all ARPA SLFRF Funds provided to or for the account or benefit of SUBRECIPIENT. (3) SUBRECIPIENT assumes responsibility for reimbursement to CITY a sum of money equivalent to the amount of any expenditures disallowed should the CITY, or an authorized agency, rule through audit, exception, or some other appropriate means, that expenditures from funds allocated to SUBRECIPIENT for direct and/or administrative costs were not made in compliance with the applicable cost principles, regulations, or the provisions of this Agreement. (4) SUBRECIPIENT agrees to comply with the requirements of OMB Uniform Guidance 2 CFR Part 200. SUBRECIPIENT further agrees to provide CITY with a copy of completed independent auditors' report within thirty (30) days of CITY's request for such report. If the report contains instances of non-compliance with federal laws and regulations that bear directly on the performance or administration of this Agreement, SUBRECIPIENT shall provide CITY copies of responses to auditors' reports, a plan for corrective action, and auditors' response that the noncompliance has been resolved. All reports prepared in accord with the requirements of OMB Uniform Guidance 2 CFR Part 200 shall be available for inspection by representatives of CITY or the federal government during normal business hours. (5) All accounting records, reports, and evidence pertaining to all costs, expenses and the ARPA SLFRF Funds of SUBRECIPIENT and all documents related to this Agreement shall be maintained and kept available at SUBRECIPIENT'S office or place of business for the duration of the Agreement and thereafter for five (5) years from the date of final payment under this Agreement. Records which relate to: (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement; or, (b) costs and expenses of this Agreement to which CITY or any other governmental agency takes exception, shall be retained beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. hi the event SUBRECIPIENT does not make the above -referenced documents available within the City of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. H. Ownership/Use of Materials. SUBRECIPIENT agrees that all materials, reports or products in any form, including electronic, created by SUBRECIPIENT for which SUBRECIPIENT has been compensated pursuant to this Agreement shall be the sole property of the CITY. The material, reports, or products may be used by the CITY for any purpose that the CITY deems to be appropriate, including, but not limit to, duplication and/or distribution within 9 the CITY or to third parties. SUBRECIPIENT agrees not to release or circulate in whole or part such materials, reports, or products without prior written authorization of the CITY. I. Close -Out. SUBRECIPIENT agrees to comply with the closeout procedures detailed in 2 CFR §200,343, including the following: (1) SUBRECIPIENT must submit, no later than ninety (90) calendar days after the end date of the period of performance, all financial, performance, and other reports as required by the terms and conditions of this Agreement; (2) SUBRECIMENT must promptly refund any balances of unobligated cash that the CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for use in other projects (See OMB Circular A-129 and 2 CFR §200.345); and, (3) CITY should complete all closeout actions for the Federal award no later than one year after receipt and acceptance of all required final reports. II. SUBRECIPIENT'S OBLIGATIONS A. Representations and Warranties. (1) Authority. SUBRECIPIENT is a duly organized and existing limited liability company in good standing and authorized to do business under the laws of the State of California. SUBRECIPIENT has full right, power and lawful authority to accept the funding hereunder and to undertake all obligations as provided herein and the execution, performance and delivery of this Agreement by SUBRECIPIENT has been fully authorized by all requisite actions on the part of SUBRECIPIENT. (2) Experience. SUBRECIPIENT is qualified to provide the services for said program detailed herein. (3) Familiarity With Services Required. By executing this Agreement, SUBRECIPIENT warrants that: (i) it has thoroughly investigated and considered the services to be performed and provided for said program as detailed in Exhibit B; (ii) it has carefully considered how the services should be performed; and, (iii) it fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. (4) No Conflict. To the best of SUBRECIPIENT'S knowledge, SUBRECIPIENT'S execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which SUBRECIPIENT is a party or by which it is bound. (5) No Bankruptcy. SUBRECIPIENT is not the subject of any current or threatened bankruptcy proceeding. (6) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a current or threatened litigation that would or may materially affect SUBRECIPIENT'S performance under this Agreement. (7) Proposal Veracity. All provisions of and information provided in SUBRECIPIENT's proposal submitted to CITY, including any exhibits, are true and correct in all material respects. (8) No Pending Investigation. SUBRECIPIENT has no knowledge that it is the subject of any current or threatened criminal or civil action investigation by any public agency, including without limitation a police agency or prosecuting authority, which would relate to or affect performance of the Agreement or provision of services hereunder. B. Licensing. SUBRECI ENT agrees to obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing its operations. SUBRECIPIENT shall ensure that its staff shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing SUBRECIPIENT's operations hereunder. Such licensing requirements include obtaining a City business license, as applicable. C. Zoning. SUBRECIPIENT agrees that any facility/property used in furtherance of said program shall be specifically zoned and permitted for such use(s) and activities. Should SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local, state or federal rules and regulations relating thereto, SUBRECIPIENT shall immediately make good - faith efforts to gain compliance with local, state or federal rules and regulations following written notification of said violation(s) from the CITY or other authorized citing agency. SUBRECIPIENT shall notify CITY immediately of any pending violations. Failure to notify CITY of pending violations, or to remedy such known violation(s) shall result in termination of grant funding hereunder. SUBRECIPIENT must make all corrections required to bring the facility/property into compliance with the law within sixty (60) days of notification of the violation(s); failure to gain compliance within such time shall result in termination of grant funding hereunder. D. Separation of Accounts. All funds received by SUBRECIPIENT from CITY pursuant to this Agreement shall be maintained in an account in a federally insured banking or savings and loan institution with record keeping of such accounts maintained pursuant to applicable 2 CFR 200.302 requirements. SUBRECIPIENT is not required to maintain separate depository accounts for ARPA SLFRF Funds; provided however, the SUBRECIPIENT must be able to account for receipt, obligation, distribution and expenditure of ARPA SLFRF Funds pursuant to applicable 2 CFR 200.302 requirements. E. Audit Report Requirements. SUBRECIPIENT agrees that if SUBRECIPIENT expends Seven Hundred Fifty Thousand Dollars ($750,000) or more in federal funds, SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance with the standards as set forth and published by the United States Office of Management and Budget. SUBRECIPIENT shall provide CITY with a copy of said audit by April I of the year following the program year in which this Agreement is executed. F. Compliance with Law/Program Income. SUBRECIPIENT acknowledges that the funds being provided by CITY for said program are received by CITY pursuant to ARPA, and that distribution and expenditure of these ARPA SURE Funds shall be in accordance with ARPA and all pertinent regulations issued by agencies of the federal government, including, but not limited to, all regulations found at Title 24 of the Code of Federal Regulations. Any program income received by SUBRECIPIENT shall be returned to CITY, unless otherwise provided for in this Agreement. SUBRECIPIENT agrees to comply fully with all federal, state and local laws and court orders applicable to its operation and administration of said program, whether or not referred to in this Agreement. G. Debarment. To protect the public interest and ensure the integrity of Federal programs, CITY may only conduct business with responsible persons and may not make any award or permit any award to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, "Debarment and Suspension". See also 24 CFR 570,609. SUBRECIPIENT must review and sign Exhibit E "Debarment", which is attached hereto and incorporated herein by this reference. SUBRECIPIENT shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board or Internal Revenue Service. Any change in the corporate status or suspension of SUBRECIPIENT shall be reported immediately to CITY. H. Confidentiality. Without prejudice to any other provisions of this Agreement, SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided to it in accordance with the requirements of federal and state law. However, SUBRECIPIENT shall submit to CITY or its representatives, all records requested, including audit, examinations, monitoring and verifications of reports submitted by SUBRECIPIENT, costs incurred and services rendered hereunder. 1. Independent Contractor. SUBRECIPIENT agrees that the performance of obligations hereunder is rendered in its capacity as an independent contractor and that it is in no way an agent of CITY. J. Violation of Terms and Conditions. SUBRECIPIENT agrees that if SUBRECIPIENT violates any of the terms and conditions of this Agreement or any prior Agreement whereby ARPA SURE Funds were received by SUBRECIPIENT, or if SUBRECIPIENT reports inaccurately, or if on audit there is a disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts or omissions causing the disallowance and repay CITY all amounts spent in violation thereof. If SUBRECIPIENT engaged in fraudulent activity to obtain and/or justify distribution or expenditure of the ARPA SURF Funds granted hereunder, SUBRECINENT shall be required to reimburse the CITY of all such funds that were obtained, distributed and/or spent under fraudulent circumstances. K. Fraud. SUBRECIPIENT shall immediately report all suspected or known instances and facts concerning possible fraud, abuse or criminal activity related to said program for the ARPA SURF Funds under this Agreement. L. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use ARPA SLFRF Funds provided through this Agreement to pay for entertainment, meals or gifts, or other prohibited uses. M. Lobbying. SUBRECIPIENT certifies that it will comply with federal law (31 U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, or an officer or employee of a Member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. SUBRECIPIENT shall sign a certification to that effect in a form as set forth in Exhibit F, attached hereto and by this reference incorporated herein. SUBRECIPIENT shall submit said signed certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to SUBRECIPIENT under the terms and conditions of this Agreement. 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 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 a "Disclosure Form to Report Lobbying," in accordance with its instructions (Exhibit E). N. Financial Interest. SUBRECIPIENT agrees that except for the use of administrative fees to pay salaries and other related administrative or personnel costs, no persons who exercise or have exercised any function with respect to administering said program under the terms of this Agreement, or who are in a position to participate in a decision -making process or gain inside information with regard to the administration of said program, may obtain a financial interest or benefit from said program, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. This prohibition applies to any person who is an employee, agent, consultant, officer, or elected or appointed official of CffY, or of any designated public agency, or the SUBRECIPIENT. O. Labor Standards. The SUBRECIPIENT agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The SUBRECIPIENT agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The SUBRECIPIENT shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the CITY for review upon request. P. Equal Employment Opportunities. SUBRECIPIENT shall make every effort to ensure that all projects funded wholly or in part by ARPA SLFRF Funds shall provide equal employment opportunities for minorities and women. Q. Women and Minority -Owned Businesses (W/MBE) SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement in accordance with the requirements of 2 CFR 200.321 "Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms". As used in this Agreement, the term "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one percent (51%) owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are African -Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian - Americans, and American Indians. SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. R. Drug Free Workplace. SUBRECIPIENT agrees to provide a drug -free workplace and to execute a certification as set forth in Exhibit G attached hereto and incorporated herein by this reference. S. Uniform Administrative Requirements Cost Principles and Audit Requirements for Federal Awards. The following requirements and standards must be complied with: 2 CFR Part 200 et al. SUBRECIPIENT shall procure all materials, property, or services in accordance with the requirements of 2 CFR 200.318-326. III. CITY'S OBLIGATIONS A. Audit of Account. CITY shall include an audit of the account maintained by SUBRECIPIENT in CITY's audit of all ARPA SLFRF Funds in accordance with Title 24 of the Code of Federal Regulations and other applicable federal laws and regulations. B. Common Rule: Pursuant to 2 CFR 200.328(a), the CITY manages the day-to-day operations of each grant and subgrant supported activities. CITY staff has detailed knowledge of the grant program requirements and monitors grant and subgrant supported activities to assure compliance with federal requirements. Such monitoring covers each program, function and activity and performance goals are reviewed periodically. C. Project Expectations: CITY shall monitor the performance of SUBRECIPIENT against goals and performance standards required herein. The SUBRECIPIENT shall be responsible to accomplish the project expectations as set forth in Exhibit B, and report such results to the CITY. If the SUBRECIPIENT estimates such goals will not be met, the SUBRECIPIENT is to contact the CITY, at which time the CITY will determine if any adjustments to the grant award is appropriate. Substandard performance as determined by the CITY will constitute non- compliance with this Agreement. Should the CITY determine that the SUBRECIPIENT has not '0 performed its obligations as stated in this contract in a satisfactory manner, or if the CITY determines that insufficient supporting information has been submitted, the CITY shall notify the SUBRECIPIENT in writing of its determination specifying in full detail the objections that it has to the SUBRECIPIENT's performance. If action to correct such substandard performance is not taken by the SUBRECIPIENT after being notified by the CITY, within a reasonable period of time as stipulated in the written notification, contract suspension or termination procedures will be initiated. IV. GENERAL PROVISIONS A. Non -Discrimination. 1. SUBRECIPIENT agrees to comply with Executive Order 11246, which requires that during the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against any employee or applicant for employment because of race, religion, sex, color or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, rates of pay or other forms of compensation, and selection for training, including apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the SUBRECIPIENT setting forth the provisions of this nondiscrimination clause. 2. SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964, which indicates that no person shall, on the ground of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program of activity receiving federal financial assistance. 3. No person shall, on the grounds of race, sex, creed, color, religion, marital status, national origin, age, sexual orientation, or physical or mental handicap be excluded from participation in, be refused the benefits of, or otherwise be subject to discrimination in any activities, programs or employment supported by this Agreement. SUBRECIPIENT is prohibited from discrimination on the basis of age or with respect to an otherwise qualified handicapped person as provided for under Section 109 of the Housing and Community Development Act of 1974, as amended. 4. SUBRECIPIENT agrees to comply with the Age Discrimination Act of 1975, which requires that during the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against any employee or applicant for employment because of age. Such action shall include, but not be limited to the following: employment upgrading, demotion, or transfer, rates of pay or other forms of compensation, and selection for training, including apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the SUBRECIPIENT setting forth the provisions of this age discrimination clause. 5. SUBRECIPIENT agrees to comply with Section 504 of the Rehabilitation Act of 1973, which requires that no otherwise qualified individual with a disability in the United States, shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial 10 assistance or under any program or activity conducted by any executive agency or by the United States Postal Service. B. Conflict of Interest. Pursuant to the conflict of interest requirements set forth in 24 CFR 570.611 and 2 CFR 200.112, SUBRECIPIENT certifies that no member, officer, employee, agent or assignee of CITY having direct or indirect control of any ARPA SLFRF Funds granted to the CITY, inclusive of the subject ARPA SLFRF Funds, shall serve as an officer of SUBRECIPIENT. Further, any conflict or potential conflict of interest of any officer of SUBRECIPIENT shall be fiilly disclosed in writing prior to the execution of this Agreement and said writing shall be attached and deemed fully incorporated as a part hereof. Notice shall be sent by SUBRECIPIENT to CITY regarding any changes or modifications to its board of directors and list of officers. C. Special Certification for Religious Entities. If SUBRECIPIENT is a religious entity, SUBRECIPIENT hereby agrees that in connection with the provision of the services SUBRECIPIENT shall provide with ARPA SLFRF Funds, in accordance with 24 CFR 570.2000): 1. SUBRECIPIENT shall not discriminate against any employee or applicant for employment on the basis of religion and shall not limit employment or give preference in employment to persons on the basis of religion. 2. SUBRECIPIENT shall not discriminate against any person applying for the services SUBRECIPIENT agrees to provide imder the terms of this Agreement on the basis of religion and shall not limit such services or give preference to applicants for such services on the basis of religion. 3. SUBRECIPIENT shall NOT provide religious instruction or counseling, conduct any religious worship or services, or engage in any religious proselytizing, or exert any religious influence in the provision of the services in said program. The parties agree that this covenant is intended to and shall be construed for the limited purpose of assuring compliance with respect to the use of CITY funds by SUBRECIPIENT with applicable constitutional limitations respecting the establishment of religion as set forth in the establishment clause under the First Amendment of the United States Constitution and Article I, Section 4 of the California Constitution, and is not in any manner intended to restrict other activities of SUBRECIPIENT. 4. The portion of a facility used to provide public services assisted in whole or in part under this Agreement shall contain no sectarian or religious symbols. 5. Where the services to be provided under said program are rendered on property owned by the primarily religious entity SUBRECIPIENT, ARPA SLFRF Funds may also be used for minor repairs to such property, which are directly related to the cost of rendering the services under said program, where the cost constitutes in dollar terms only an incidental portion of the ARPA expenditure for rendering the services under said program. D. Prohibition of Nepotism. SUBRECIPIENT agrees not to hire or permit the hiring of any person to fill a position funded through this Agreement if a member of that person's immediate family is employed in an administrative capacity by SUBRECfl'IENT. For the purposes of this 11 section, the term "immediate family" means spouse, child, mother, father, brother, sister, brother-in- law, sister-in-law, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, stepparent and stepchild. The term "administrative capacity" means having selection, hiring, supervisor or management responsibilities. E. Notices. Notices to the parties shall, unless otherwise requested in writing, be sent by U.S. Mail, postage prepaid, and addressed as follows: TO CITY: City of Santa Ana Steven Mendoza Executive Director Community Development Agency 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702-1988 TO SUBRECIPIENT: Patrol Solutions Carl Cunningham General Manager 10016 Pioneer Blvd., Suite 109 Santa Fe Springs, CA 90670 415-760-8116 F. Assignability. None of the duties of, or work to be performed by, SUBRECIPIENT under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. SUBRECIPIENT must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of SUBRECIPIENT pursuant to this Agreement. G. Indemnification/Hold Harmless. SUBRECIPIENT shall indemnify, defend and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all damages to or for loss of use of property and for injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers compensation claims and including attorney fees and reasonable expenses for litigation or settlement, resulting from or arising out of the negligent or wrongful acts, errors or omissions of SUBRECIPIENT, its officers, directors, employees, agents, subcontractors and suppliers arising out of SUBRECIPIENT's performance of this Agreement. H. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, its agents, representatives, employees, or subcontractors. 12 a. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall beat least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 Ol covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions — The insurance policies are to contain, or be endorsed to contain, the following provisions: I. Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 1185 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if a later edition is used). 2. Primary Coverage: For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 O1 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Notice of Cancellation: Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. 4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the 13 City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. 5. 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. The policy language shall provide, or be endorsed to provide, that the self - insured retention may be satisfied by either the named insured or City. 6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than ANII, unless otherwise acceptable to the City. 7. Claims Made Policies (note — should be applicable only to professional liability, see below): If any of the required policies provide claims -made coverage: 1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. 8. Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 9. 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. I. Termination. 1. This Agreement may be terminated on thirty (30) days' written notice by either party. In the event of such termination, SUBRECIPIENT shall only be entitled to reimbursement for 14 approved expenses incurred to the effective date of termination 2. This Agreement may be suspended or terminated by CITY upon five (5) days' written notice for violation by SUBRECIPIENT of Federal Laws governing the use of ARPA SLFRF Funds. In the event of such suspension or termination, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses incurred up to the effective date of suspension or termination. 3. Pursuant to 2 CFR 200.340, in the event SUBRECIPIENT defaults by failing to fulfill all or any of its obligations hereunder, CITY may declare a default and termination of this Agreement by written notice to SUBRECIPIENT, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. If terminated for cause, CITY shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of: (1) any payments made for services not subsequently performed in a timely and satisfactory manner; and, (2) costs incurred by CITY in obtaining substitute performance. 4. The grant of funds under this Agreement may be terminated for convenience by either the CITY or SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of portion termination, their portion to be terminated. However, if in the case of a partial termination, the CITY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the CITY may terminate the award in its entirety. 5. The grant of funds under this Agreement may be terminated due to the non- performance of SUBRECIPIENT and/or failure of SUBRECIPENT to perform the work described in Exhibit B. 6. The grant of funds under this Agreement may be terminated due to the failure of the CITY to receive sufficient or anticipated funding for the ARPA program for any term subject to this Agreement. 7. In the event this Agreement is terminated as set forth in subparagraphs I(1) through I(6), inclusive, SUBRECIPIENT agrees to immediately return to CITY upon CITY's demand and prior to any adjudication of SUBRECIPIENT's rights, any and all funds not used, and to comply with the Reversion of Assets requirements in this Agreement. J. Limitation of Funds. The United States of America may in the future place programmatic or fiscal limitations on the use of ARPA SLFRF Funds, which limitations are not presently anticipated. Accordingly, CITY reserves the right to revise this Agreement in order to take account of actions affecting ARPA program funding. In the event of funding reduction, CITY may, in its sole and absolute discretion, reduce the budget of this Agreement, may limit the rate of SUBRECIPIENT's authority to utilize funds, or may restrict SUBRECIPIENT's use of uncommitted funds. Where CITY has been directed to implement a reduction in funding, with respect to funding 15 for this Agreement, CITY's City Manager or delegate is authorized to act for CITY in implementing and effecting such a reduction and in revising, modifying, or amending the Agreement for such purposes. If such a reduction in funding occurs, SUBRECIPIENT shall be permitted to de -scope accordingly. Where CITY has reasonable grounds to question SUBRECIPIENT's fiscal accountability or compliance with this Agreement, CITY may suspend the operation of this Agreement for up to sixty (60) days upon five (5) days written notice to SUBRECIPIENT of its intention to so act, pending an audit or other resolution of such questions. In no event, however, shall any revisions made by CITY affect expenditures and legally binding commitments made by SUBRECIPIENT before it received notice of such revision, provided that such amounts have been committed in good faith and are otherwise allowable and that such commitments are consistent with ARPA SURF Funds withdrawal guidelines. K. Exclusivity and Amendment of Agreement. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the use of CITY's ARPA SURF Funds by SUBRECIPIENT and contains all the covenants and agreements between the parties with respect to SUBRECIPIIENT's administration of said program. 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 are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and SUBRECIPIENT. L. Laws Governing this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal laws and regulations. M. Validity and Severability. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. Whenever possible, each provision of this AGREEMENT shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this AGREEMENT is held to be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provisions of this AGREEMENT. N. Waiver. No delay or omission by either party hereto to exercise any right or power accruing upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein contained. O. Federal Award Identification Information. SUBRECIPIENT's pertinent Federal Award Identification Information, including DUNS Number and Federal Award Identification Number (FAIN), as well as the applicable information for ARPA, are included in Exhibit D attached hereto and incorporated herein by this reference. 16 P. Miscellaneous Provisions. 1. 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. 2. All Exhibits and Attachments referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 3. This Agreement must be signed below and may be signed in counterpart and delivered by fax, email as a PDF (Portable Document Format) file attachment, or by other means that displays the original or a copy of the signatures. Any subsequent amendments may be signed and delivered in the same manner. (Signatures on followingpage) 17 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first written above. ATTEST: Y GOMEZ of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: RY RECOMMENDED FOR APPROVAL: STEVEN MENDOZA Executive Director Community Development Agency M. CITY OF SANTA ANA n•• tC / KPdSTINE RIDG City Manager SUBRECIPTENT: Name: Carl S. Cunning am Title:General Manager DUNS #: 81-4243449 EXHIBIT A REQUEST FOR PROPOSALS 19 REQUEST FOR PROPOSALS (RFP) NO. 21-099 FOR DOWNTOWN SANTA ANA UNARMED SECURITY GUARD SERVICES CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY Project Manager: Julie Castro -Cardenas Economic Development Specialist II KEY RFP DATES: Exhibit A The schedule below is tentative and subject to change at the discretion of City, with appropriate notice to prospective Proposers. Issue Date: Deadline for Requests for Information Proposal Due Date: Review of Proposals: Interview Proposers: Selection of Bidder: Wednesday, August 19, 2021 Wednesday, September 1, 2021, Wednesday, September 8, 2021, September 8 — September 30 Wednesday, September 15, 2021 On or about September 30, 2021 by 2:00 PM by 2:00 PM (by invitation only) (a CITY OF SANTA ANA TABLE OF CONTENTS I. BACKGROUND................................................................................................................................................3 II. OVERVIEW OF PROJECT..................................................................................................................................3 III. SCOPE OF SERVICES........................................................................................................................................4 IV. TERM OF AGREEMENT...................................................................................................................................9 V. RFP SCHEDULE OF EVENTS.............................................................................................................................9 VI. RESPONSE TO RFP.......................................................................................................................................... 9 VII. PROPOSAL CONTENTS-STATEMENTOFQUALIFICATIONS(SOQ)..............................................................11 VIII. CERTIFICATIONS...........................................................................................................................................13 IX. REFERENCES.................................................................................................................................................13 X. INSURANCE...................................................................................................................................................13 XI. EXCEPTIONS..................................................................................................................................................14 XII. SELECTION PROCEDURES & CRITERIA..........................................................................................................14 XIII. WITHDRAWALS.............................................................................................................................................15 XIV. PROTESTS.....................................................................................................................................................15 XV. GENERAL TERMS AND CONDITIONS.............................................................................................................15 XVI. AWARD OF AGREEMENT..............................................................................................................................20 XVII. IMPLEMENTATION....................................................................................................................................... 20 EXHIBIT1..............................................................................................................................................................21 ATTACHMENT A.................................................................................................................................................... 21 ATTACHMENTB....................................................................................................................................................21 ATTACHMENTC.................................................................................................................................................... 21 ATTACHMENTD....................................................................................................................................................21 ATTACHMENTE.................................................................................................................................................... 21 ATTACHMENTF....................................................................................................................................................21 ATTACHMENTG....................................................................................................................................................21 RFP No. 21-099 Downtown Unarmed Security Guard Services Page 2 of 39 CITY OF SANTA ANA BACKGROUND Incorporated in 1886, Santa Ana, a Charter City, established a Council -Manager form of government in 1952. The City Council is composed of seven members; the Mayor elected at large and six Council members elected by ward, who appoint the City Manager, City Attorney and Clerk of the Council. The City of Santa Ana (City) is a full -service City with a diverse population of approximately 335,000. The City's eleven agencies provide all the traditional municipal services, as well as water utility, library system, 20-acre zoo, City Jail, Police Department, and contracts with the Orange County Fire Authority for provision of fire services. The City employs 1,178 authorized full-time positions and has an annual citywide budget is $646 million, including the General Fund budget of $316 million. The City of Santa Ana is located Los Angeles and 90 miles nort County, encompasses an area population in California. OVERVIEW OF PROJECT h 10 miles inland from the Pacific Ocean, 33 miles southeast of of San Diego. The City, which is the county seat of Orange of approximately 27 square miles and is the 11th largest by The purpose of this Request for Proposals (RFP) is to identify a contractor to support the City of Santa Ana, specifically the Downtown area with unarmed security guard services. The City of Santa Ana (City) is seeking proposals from qualified firms and organizations (Proposers) to provide unarmed security guard services for Downtown Santa Ana (DTSA) and the parking structures/surface parking lots within that area. Additional guards may be requested on an as -needed basis from time to time for other locations, at the discretion of the City of Santa Ana. The number of hours specified in the scope of services section below is a best estimate and will be used to evaluate bid results. The City intends to award the entire bid to a single company. Funding for this project is derived from "The American Rescue Plan Act of 2021 (ARPA)". As such, the RFP is subject to the provisions related to Procurement Standards identified in the Uniform Guidance CFR Section 200.317 thru 200.327. The term "Vendor', "Proposer', and "Contractor' shall refer to any legal entity or entities submitting a proposal in response to this Request for Proposals (RFP). RFP No. 21-099 Downtown Unarmed Security Guard Services Page 3 of 39 (a CITY OF SANTA ANA Downtown Santa Ana &D Boundaries uva nv+ elw. CIVK 1�1& Ot JH❑ r =❑ ❑ �V47�1❑❑❑ �❑0 ❑ 0C]W:1 ❑ ❑ ❑ ❑❑ ❑ ❑ s[coxo sr. N i �iRSi 5 r t Santa Ana Business Improvement District �..s SCOPE OF SERVICES 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. A. Main Objective: 1) Contract an unarmed security guard service company for the entire area of Downtown Santa Ana (DTSA) with the potential of providing security guard services to the four parking structures and one surface parking lot within DTSA. Refer to the diagram above for the boundaries of Downtown Santa Ana including the city -owned parking structures and surface parking lot. 2) Contracted security services will include guard services 365 days per year with a range of 40-100 hours per week, contigent upon available funds and need. In general one guard per shift with the potential of increasing to two guards during peak times, upon the discretion of the City. 3) The schedule below is a best estimate of service level needs, but selected contractor should be prepared to provide on -call security guards as needed by the City or reduce service levels as determined at the City's sole discretion. RFP No. 21-099 Downtown Unarmed Security Guard Services Page 4 of 39 GZ�r CITY OF SANTA ANA Securi Guard Weekly Schedule Da s of the Week Time Daily Hours Mon -Wed 9:00am-10:00 m 13 x 3 days = 39 Thursday 9:00am-12:00am 15 Friday 9:OOam-12:OOam 15 Saturday 10:00am-12:OOam 14 Sunda 10:00am-10:00 m 12 Total Weeldy Hours 95 Note that posts and hours are subject to change by City of Santa Ana. B. Security Guard Main Responsibilities & Requirements: 1) Maintain direct communication with stakeholders such as City staff and his/her designee, business owners, business employees, residents, visitors and have the ability to share contact information such as a work -cell phone. 2) Provide a positive and enforcement presence to deter negative activity and to promote safety in DTSA. 3) Monitor, observe, and report illegal activities, suspicious activities, and provide assistance to merchants, businesses, residents, and City staff. 4) Visually inspect and observe outdoor designated checkpoints at regular intervals to maintain adequate security coverage throughout DTSA. 5) Contact Santa Ana Police Department when necessary upon observance of suspicious behavior or criminal activity such as vandalism. 6) Submit daily activity reports within six hours of prior security shift, noting any security incidents, suspicious activities, or calls to Santa Ana Police Department. 7) The security guard services include, but are not limited to: patrolling areas by foot, bicycle or street -legal cart; monitoring and responding to security issues, and performing the post orders and pass down duties. C. Supervisor Requirements 1) Has at least 12 months prior work experience as a security guard supervisor. Include this information as part of the requirement for Exh. A., Section 1.02.4. 2) Has training and supervisory experience commensurate with the requirements as specified herein. 3) Ensure that all posts have an approved security guard at all times and for the duration required. 4) Ensure that the Contractor provides an approved security guard for any late, absent or dismissed security guards. 5) Act as the liaison between City and Contractor regarding all issues pertaining to security guard and performance. 6) Supervisor must be available whenever guard shifts are being performed, including holidays, by telephone to respond to any issues that may arise as RFP No. 21-099 Downtown Unarmed Security Guard Services Page 5 of 39 CITY OF SANTA ANA specified herein and respond to any such inquiries in a timely manner while implementing appropriate resolution actions. D. Security Guard Requirements 1) English & Spanish language skills required. 2) Abide by all requirements as specified herein. Abide by all legal requirements. 3) Abide by all applicable California Bureau of Security and Investigative Services requirements. 4) Hold a valid security guard registration. Have at least 12 months prior work experience with a valid security guard registration. 5) Wear the appropriate uniform at all times while performing duties. 6) Show up on time, as scheduled and work duration of assigned shift. 7) Perform all of the Post Orders and Pass Downs as applicable. 8) Perform duties in a professional manner at all times, including appropriate behavior and attitude, well -maintained appearance including, but not limited to: covering up inappropriate tattoos, and no jewelry except wedding ring and/or watch. 9) Exhibit competent command of the English language and efficient in communicating with the public. E. Uniforms 1) Furnish and provide well -maintained matching soft uniforms for each event security guard including but not limited to: jacket, shirt, pants, shoes, raingear (as -needed basis for inclement weather). Must adhere to City's COVID-19 safety protocols such as wearing a facial covering (mask) when appropriate (i.e. within six feet of any individual). 2) Ensure that appropriate identification badges, patches, or screen prints are easily seen by City Staff and all visiting patrons. 3) Furnish and provide sufficient quantity of each item above to allow each security guard to have an appropriate number of change outs: shirts and pants on a per shift basis; shoes on an as -needed basis. 4) Ensure that all uniforms are clean and well pressed and always look professional. 5) Security guards are not to substitute any of the above uniform articles. 6) Any security guard who reports to their assigned post and does not have the appropriate uniform must be immediately (within 1 hour) replaced with a guard that has the appropriate uniform. F. Equipment 1) Furnish and provide cell phone to facilitate on -site communication between guards, supervisor, business owners, residents, City staff and his/her designee. 2) Transportation car/golf cart/electric vehicle (optional element of this RFP): ability to research a transportation car/golf cart/electric vehicle that is street -legal that can be purchased by the contractor on behalf of the City, which will ultimately become City property at the termination of the agreement with proper reimbursement for the cost of the vehicle. Transportation vehicle will be used RFP No. 21-099 Downtown Unarmed Security Guard Services Page 6 of 39 CITY OF SANTA ANA predominantly for security guards to patrol the area more efficiently and may be used to transport goods and/or people for urgent or sensitive matters in DTSA. G. Reports 1) Submit activity reports from the prior security shift within six hours, in the method required, and on the forms required. 2) Include any pertinent information or backup documentation with your reports. 3) General: Report immediately, verbally and or in writing as soon as practically possible taking safety into consideration; especially concerning issues that may require immediate action to avoid potential escalation. If possible, take photos of the observation or interaction and attach to email, text, pictures, and written reports. 4) Safety, Injury, or Damage: any impending, occurring, or potential hazards, incidents, or accidents that have harmed, are harming, or could likely harm persons, animals, plants, property, environment, or the like. 5) Public Nuisances: any observations of any public nuisances. 6) Business Interactions: any interactions with business owners and or persons. 7) Work Performance Delays: anything that is or could potentially delay or prevent work from being performed within the designated times and locations. 8) Follow up Activities: all action items from the above section, which may have been verbally reported, but a written report was not possible at the time; and all action items as required by City Representative. H. License and Permits 1) Contractor and assigned personnel shall possess all licenses and permits required by the following entities: federal, state, county, city, and other necessary entities. I. Provide Security Guards for as -needed assignments within 24 hours of notification from City Representative. J. Legal & Best Practice Requirements 1) Be self -informed, abide by, and comply with all, current and applicable, local, county, state, federal or other legal requirements and best practices at all times. 2) Do not cause, allow to be caused, or permit the continuance of any violation of any legal requirements or best management practices. 3) Be responsible and bear all associated costs should any work be performed in contrary to any laws, ordinances, codes, rules, or regulations. 4) Must have a valid State of California, Bureau of Security and Investigative Services, Private Patrol Operator's license for the required work. 5) Contractor must provide everything necessary at company expense including, but not limited to all labor, supplies, tools, equipment, and the like required to perform and complete the required services. 6) Contractor must perform and comply with all work per these specifications, according to all applicable and acceptable industry standards, of the highest quality commensurate with the required service. RFP No. 21-099 Downtown Unarmed Security Guard Services Page 7 of 39 CITY OF SANTA ANA 7) Contractor must comply with and be fully responsible at all times for being up-to- date regarding all applicable legal requirements in accordance with the attached specifications. K. Security guard/supervisor/liaison that does not meet all legal requirements and all requirements as specified herein, as deemed in City Representative's sole discretion, must be immediately removed from post assignment, is not permitted to be reassigned to any City post, and must be replaced immediately with a security guard who meets all legal requirements and all requirements as specified herein; NO EXCEPTIONS. L. At City's sole discretion, City may allow a security guard, who is removed from post assignment, to be reassigned only after said security guard has been fully retrained or received additional training at Contractor's sole expense and to City's satisfaction. M. General Requirements — Company 1) Orientation time is billable for no more than thirty (30) minutes unless City has specifically requested an earlier arrival. Late arrivals will be assessed liquidated damages. 2) When multiple guards are required, only the security guard supervisor will be paid for the orientation time. 3) Keep an updated and approved security guard list, which must include, but not limited to: 4) Full Name: First, Middle, Last 5) Photo: Current, face 6) Address: Residence 7) Phone Numbers: Contact 8) Security Guard Registration: current 9) CA driver's licenses: current 10) Experience: at least 12 months prior work experience as a registered security guard 11) Do not place any guards at any posts unless that guard is on the approved security guard list. N. Holidays: only the listed City holidays are subject to any premium rates (overtime, etc.) LN DATE EVENT 1 January 1 New Year's Da 2 Third Monday in January Martin Luther Kin 's Birthday 3 Third Monday in February President's Da 4 Last Monday in May Memorial Da 5 July 4 Independence Da b First Monday in September Labor Da 7 November 11 Veteran's Da 8 Fourth Thursday in November Thanksgiving Da 9 Friday after Thanksgiving 10 December 25 Christmas Da RFP No. 21-099 Downtown Unarmed Security Guard Services Page 8 of 39 IV 1IF/ VI. CITY OF SANTA ANA TERM OF AGREEMENT The anticipated term of the agreement is for an initial period of one (1) year. The City may, at its discretion, extend the agreement with the same or more limited scope of required services for two (2) additional one (1) 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 three (3) years. RFP SCHEDULE OF EVENTS A. Schedule below is tentative and subject to change at discretion of City, with appropriate notice to prospective Proposers. Times indicated are Pacific Time. Issue Date: Wednesday, August 19, 2021 Deadline for Requests for Information: Wednesday, September 1, 2021, by 2:00 PM Proposal Due Date: Wednesday, September 8, 2021, by 2:00 PM Review of Proposals: September 8 — September 30 Interview Proposers: Wednesday, September 15, 2021 (invitation only) Selection of Bidder: On or about September 30, 2021 RESPONSE TO RFP 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 a -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?Companv]D=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 Project Manager(s). 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 mailed or 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?Companv[D=20137. Proposers shall be RFP No. 21-099 Downtown Unarmed Security Guard Services Page 9 of 39 CITY OF SANTA ANA 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. 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. General questions regarding this RFP may be directed to the City's assigned Buyer utilizing the City's PlanetBids system. 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 above (if applicable). 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. D. 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?Company[D=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. 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 should be clearly noted in each Proposer's proposal. Please direct all questions regarding the procurement process to: Eva Pierce, Buyer City of Santa Ana Finance & Management Services — Purchasing Division Email: epierce(a)santa-ana.oro RFP No. 21-099 Downtown Unarmed Security Guard Services Page 10 of 39 CITY OF SANTA ANA Phone: (714) 647-6584 VII. PROPOSAL CONTENTS — STATEMENT OF QUALIFICATIONS (SOQ) A. Proposals (Statement of Qualifications) 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, but may be included. 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 and will be excluded from the page count. B. Format: 1) Standard 8 x11 '/z page size, max 1.5 spaced, Times New Roman, minimum 11 point font, one inch margins maximum, include table of contents, 10 pages maximum for the entire proposal (digital dividers and clear organization of content and material are encouraged and will be excluded from the page count). C. Cover Letter 1) 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: Julie Castro -Cardenas, Economic Development Specialist II City of Santa Ana — Community Development Agency 20 Civic Center Plaza M-25 Santa Ana, CA 92701 D. Services Provided 1) A description of proposed services to be provided and how they meet the needs of the City as described in Section III — Scope of Services (above). E. Firm and Team Experience 1) A general description of the firm, including size and number of employees working directly with the City on this agreement. 2) Describe in detail Proposer's prior experience in providing security guard services. 3) Firm's nearest address serving the City of Santa Ana and headquarters address. 4) Name and contact information of the supervising Project Manager, to be assigned to the agreement. The Project Manager shall act as a liaison between the City and Contractor during the term of this agreement. This Project Manager shall be subject to approval by the City and shall not be changed without the written consent of the City's designated Project Manager(s), which consent shall not be unreasonably withheld. 5) The City's Project Manager(s) shall have the right to require the removal and replacement of the Consultant's Project Manager from providing services to the City RFP No. 21-099 Downtown Unarmed Security Guard Services Page 11 of 39 E CITY OF SANTA ANA under this agreement. The City's Project Manager(s) shall notify the Contractor in writing of such action. The Consultant shall accomplish removal within five (5) business days after written notice by the City's Project Manager(s). The City's Project Manager(s) shall review and approve the appointment of the replacement for the Consultant's Project Manager or Subconsultant(s). The City is not required to provide any additional information, reason or rationale in the event it requires the removal of Consultant's Project Manager or Subconsultant(s). 6) Brief biographies for key staff assigned to this agreement and proposed subconsultants, including specific experiences in performing the work that is being solicited in this RFP, assigned role(s), and commitment that personnel will be available throughout the agreement. Resumes should be organized clearly and include education and experience at minimum. 7) A description of the Proposer's experience in providing similar services to those requested in this RFP to other similar agencies. Include years of experience regarding the development, coordination, and implementation of security guard services. 8) Describe one or more projects executed by the Proposer that makes your firm stand out compared to other firms. F. Proposed Work Plan 1) Proposal shall include a statement demonstrating the firm's understanding of the Scope of Services and how the work plan will align with the dynamic needs of Downtown Santa Ana. 2) Anticipated approach to performing services as specified herein; 3) Suggestions or special concerns the evaluation committee should take into consideration (if any); 4) Description of deliverables and implementation plan. Proposer shall submit a general description of the deliverables, implementation plan, and timeline G. Cost/Budget Proposal 1) Please use the excel spreadsheet to formulate the Budget iProposal for this RFP, see Adachment G and download the electronic version from PlarretBids. 2) All Proposers are required to submit a fixed rate fee with their Budget Proposal. Pricing instructions should be clearly defined to ensure fees proposed can be compared and evaluated. Budget 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. 3) 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. 4) Cost must include all expenses, including but not limited to travel, mileage, parking, lodging, meals, incidental fees, freight/shipping and handling/delivery, and any other RFP No. 21-099 Downtown Unarmed Security Guard Services Page 12 of 39 CITY OF SANTA ANA supplies and materials related to providing services as specified herein. Additional costs will not be considered and will not be reimbursed by the City. Vill. CERTIFICATIONS 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 • Attachment D: Non -Collusion Affidavit • Attachment E: Non -Lobbying Certification • Attachment F: Non -Discrimination Certification PLEASE NOTE: City will not be waiving notarization requirement when applicable on any of the required attachents. IX. REFERENCES Contractor shall provide three (3) references from other similar customers 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. X. INSURANCE The selected Proposer shall provide the required evidence of insurance coverage as set forth in the standard agreement within ten (10) business days after receipt of Notice of Intent to Award. Contractor must maintain, for the duration of its contract, insurance coverages as required by the City. Additionally, Contractor shall provide the following insurance coverage: A warrant that the firm maintains a prudent amount of errors and omissions insurance that covers negligent acts and is applicable to the work requested in this RFP. Work on the contract shall not begin until after the awarded Contractor has submitted acceptable evidence of the required insurance coverages. RFP No. 21-099 Downtown Unarmed Security Guard Services Page 13 of 39 XI. K41 CITY OF SANTA ANA The proposal must be completely responsive to this RFP. Any exceptions to the requirements of this RFP must be clearly stated in the proposal. Such exceptions must be included as a separate element of the proposal entitled, "Exceptions and Deviations". The City's Project Manager, in his sole and absolute discretion, may authorize or deny any exceptions. SELECTION PROCEDURES 8, CRITERIA 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. Proposers will be ranked by the review committee based on the following criteria: CATEGORY POINTS Overall understanding of the Required Services Compliance with the requirements of this RFP - Suitable contractor services inline with Scope of Services in RFP 25 - Thorough understanding of the required services Experience of Firm and Personnel - Familiarity with Santa Ana's businesses, residents, and community - Ability to provide real-time incident reports 25 - Proactive and innovative approach/strategy/work plan Oral Interview Reasonableness of Cost Cost of delivering specified services is consistent with industry standards. 25 References - Previous experience with similar municipalities/areas 25 TOTAL POSSIBLE SCORE 100 A. 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. B. 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. RFP No. 21-099 Downtown Unarmed Security Guard Services Page 14 of 39 XIII. CITY OF SANTA ANA C. The committee may invite the proposers to interview.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. 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. XIV. PROTESTS Proposers may file a "protest" to an RFP with the Project Manager. In order for a Bidder's protest to be considered valid, the protest must: 1. Be filed in writing within five (5) business days of either the RFP issued date or before 5:00 p.m. of the 5th business day following the posting of Bid Results/Notice of Intent to Award Contract on the City's website; 2. Clearly identify the specific irregularity or accusation; 3. Clearly identify the specific City staff determination or recommendation being protested; 4. Specify, in detail, the grounds of the protest and the facts supporting the protest; and 5. Include all relevant, supporting documentation with the protest at time of filing. If the protest does not comply with each of these requirements, it will be rejected as invalid. If the protest is valid, the Project Manager, or designated City Representative, shall review the basis of the protest and all relevant information. The Project Manager will provide a written decision to the protestor within ten (10) business days from receipt of protest. The decision from the Project Manager, or her/her designee, is final and no further appeals will be considered. XV. GENERAL TERMS AND CONDITIONS By submitting a Proposal, the Proposer acknowledges that it has thoroughly examined and accepts the Terms and Conditions of this RFP as described below: 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 at 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 shall be required to obtain a City of Santa Ana Business license within thirty (30) days of selection and must provide a copy to the City projects manager or designee prior to commencing any work in Santa Ana. RFP No. 21-099 Downtown Unarmed Security Guard Services Page 15 of 39 M CITY OF SANTA ANA 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 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. 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. Criminal Background Certification: Contractor certifies that all employees working on this contract have had a criminal background check at Contractor's cost and that said employees are clear of any sexual and drug -related convictions. Contractor further certifies that all employees hired by Contractor or Subcontractor shall be free from any felony convictions. City reserves the right to require Contractor to pay fingerprinting fees for personnel assigned to work in sensitive areas. RFP No. 21-099 Downtown Unarmed Security Guard Services Page 16 of 39 CITY OF SANTA ANA F. 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. G. 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. H. 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. 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 Managers 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. EXECUTION OF AGREEMENT Upon successful negotiations, the City and the selected Proposer will enter into an Agreement similar to that as shown in Exhibit 2 — 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 RFP No. 21-099 Downtown Unarmed Security Guard Services Page 17 of 39 M CITY OF SANTA ANA K. 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 occurance 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. L. 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. 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. 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. O. 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. RFP No. 21-099 Downtown Unarmed Security Guard Services Page 18 of 39 CITY OF SANTA ANA P. 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. 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. Q. 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. R. 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. S. 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. T. 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. U. 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. V. 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. RFP No. 21-099 Downtown Unarmed Security Guard Services Page 19 of 39 XVI CITY OF SANTA ANA 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 1 Standard 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, insurance documents and contents of the payment information packet have been received and approved. XVIL IMPLEMENTATION A. KICK-OFF MEETING A kick-off meeting may be held after award of contract. Contractor and its team will meet with City of Santa Ana staff to conduct introductions, discuss scope of services, and implementation process. B. NOTICE TO PROCEED Following the kick-off meeting, a formal Notice to Proceed (NTP) may be issued after the agreement is fully executed, and all insurance documents and contents of the Payment Information Packet have been received and approved. RFP No. 21-099 Downtown Unarmed Security Guard Services Page 20 of 39 CITY OF SANTA ANA EXHIBIT 1 SAMPLE AGREEMENT THIS AGREEMENT is made and entered into on this day of 2021 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: 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. 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 for a one (1) year term with the option for the City to grant up to a 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 RFP No. 21-099 Downtown Unarmed Security Guard Services Page 21 of 39 CITY OF SANTA ANA 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 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 Contractor'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 $2,000,000 per occurrence. 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. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Contractor, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. 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. RFP No. 21-099 Downtown Unarmed Security Guard Services Page 22 of 39 (a CITY OF SANTA ANA V. Consultant shall supply City with a fully executed additional insured endorsement. 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 Contractor'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. 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 orequitable 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. B. 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 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 RFP No. 21-099 Downtown Unarmed Security Guard Services Page 23 of 39 CITY OF SANTA ANA 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 (a) 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 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, RFP No. 21-099 Downtown Unarmed Security Guard Services Page 24 of 39 CITY OF SANTA ANA 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: 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: Executive Director, ------- Agency City of Santa Ana 20 Civic Center Plaza (M-xx) 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 RFP No. 21-099 Downtown Unarmed Security Guard Services Page 25 of 39 (9) 20. CITY OF SANTA ANA 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. 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. 13. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement. C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Assistant City Attorney RECOMMENDED FOR APPROVAL: Steven Mendoza Executive Director Community Development Agency CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT: liuiw c7y O'4V4� (name) Carl S. Cunning am (title) General Manager RFP No. 21-099 Downtown Unarmed Security Guard Services Page 26 of 39 CITY OF SANTA ANA ATTACHMENT A PROPOSER'S CERTIFICATION, PROPOSAL ITEM PRICING Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. 1 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 Qualifications. 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 ADDRESS PRINTED NAME OF AUTHORIZED AGENT TITLE SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IFAPPLICABLE) RFP No. 21-099 Downtown Unarmed Security Guard Services Page 27 of 39 w 1� CITY OF SANTA ANA THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ATTACHMENT B REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Customer Name: Contact Individual: Address: Contract Amount: Number: EMAIL: Year: Description of supplies, equipment, or services provided: REFERENCE Customer Nar Address: Contract Amount: Contact Individual: Phone Number: _ EMAIL: Year: Description of supplies, equipment, or services provided: REFERENCE Customer Name: Contact Individual: Address: Contract Amount: Number: EMAIL: Year: Description of supplies, equipment, or services provided: RFP No. 21-099 Downtown Unarmed Security Guard Services Page 28 of 39 CITY OF SANTA ANA THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. 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. Signed and Printed Name: Title Date RFP No. 21-099 Downtown Unarmed Security Guard Services Page 29 of 39 CITY OF SANTA ANA THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. 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 noncollusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this noncollusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. State of California, 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 RFP No. 21-099 Downtown Unarmed Security Guard Services Page 30 of 39 (9) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. CITY OF SANTA ANA 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: RFP No. 21-099 Downtown Unarmed Security Guard Services Page 31 of 39 (9) CITY OF SANTA ANA THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. 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. RFP No. 21-099 Downtown Unarmed Security Guard Services Page 32 of 39 CITY OF SANTA ANA 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 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: RFP No. 21-099 Downtown Unarmed Security Guard Services Page 33 of 39 0 CITY OF SANTA ANA ATTACHMENT G Cost Proposal/Budget Proposal Template Security Guard Hourly Rate - - Holiday Overtime Rate (only for $ $ approved holidays) $ $ Communication (cell phone) Transportation: cart, golf cart, $ $ bicycle Reporting Cost S S Other expense $ S Other expense Discounts (duration of $ S discount) Total $ Day(s) of the Week Mon -Wed Thursday Friday Saturday Sunday Total Weekly Hours Time 9:00am-10:00pm 9:00am-12:00pm 9:00am-12:00am 10:00am-12:00am 10:00am-10:00pm F Daily Hours 39 15 15 14 12 95 Note: Security Guard Schedule subject to change with 24 hour notice to selected company. RFP No. 21-099 Downtown Unarmed Security Guard Services Page 34 of 39 EXHIBIT B SCOPE OF WORK 20 EXHIBIT B SCOPE OF WORK Scope of Work for Downtown Santa Ana A. Main Objective: 1) Contract an unarmed security guard service company for the entire area of Downtown Santa Ana (DTSA) with the potential of providing security guard services to the four parking structures and one surface parking lot within DTSA. Refer to the diagram above for the boundaries of Downtown Santa Ana including the city -owned parking structures and surface parking lot. 2) Contracted security services will include guard services 365 days per year with a range of 40-100 hours per week, contingent upon available funds and need. In general one guard per shift with the potential of increasing to two guards during peak times, upon the discretion of the City. 3) The schedule below is a best estimate of service level needs, but selected contractor should be prepared to provide on -call security guards as needed by the City or reduce service levels as determined at the City's sole discretion. Security Guard Weekly Schedule Day(s) dfthe Week Time Daily Hours Mon -Wed 9:OOam-10:00pm 13 x 3 days = 39 Thursday 9:OOam-12:OOam 15 Friday 9:OOam-12:OOam 15 Saturday 10:00am-12:OOam 14 Sunday 10:00am-10:00pm 12 Total Weekly Hours 95 Note that posts and hours are subject to change by City of Santa Ana. 1 B. Security Guard Main Responsibilities & Requirements: 1) Maintain direct communication with stakeholders such as City staff and his/her designee, business owners, business employees, residents, visitors and have the ability to share contact information such as a work -cell phone. 2) Provide a positive and enforcement presence to deter negative activity and to promote safety in DTSA. 3) Monitor, observe, and report illegal activities, suspicious activities, and provide assistance to merchants, businesses, residents, and City staff. 4) Visually inspect and observe outdoor designated checkpoints at regular intervals to maintain adequate security coverage throughout DTSA. 5) Contact Santa Ana Police Department when necessary upon observance of suspicious behavior or criminal activity such as vandalism. 6) Submit daily activity reports within six hours of prior security shift, noting any security incidents, suspicious activities, or calls to Santa Ana Police Department. 7) The security guard services include, but are not limited to: patrolling areas by foot, bicycle or street -legal cart; monitoring and responding to security issues, and performing the post orders and pass down duties. C. Supervisor Requirements 1) Has at least 12 months prior work experience as a security guard supervisor. Include this information as part of the requirement for Exh. A., Section 1.02.4. 2) Has training and supervisory experience commensurate with the requirements as specified herein. 3) Ensure that all posts have an approved security guard at all times and for the duration required. 4) Ensure that the Contractor provides an approved security guard for any late, absent or dismissed security guards. 5) Act as the liaison between City and Contractor regarding all issues pertaining to security guard and performance. 6) Supervisor must be available whenever guard shifts are being performed, including holidays, by telephone to respond to any issues that may arise as specified herein and respond to any such inquiries in a timely manner while implementing appropriate resolution actions. FE D. Security Guard Requirements 1) English & Spanish language skills required. 2) Abide by all requirements as specified herein. Abide by all legal requirements. 3) Abide by all applicable California Bureau of Security and Investigative Services requirements. 4) Hold a valid security guard registration. Have at least 12 months prior work experience with a valid security guard registration. 5) Wear the appropriate uniform at all times while performing duties. 6) Show up on time, as scheduled and work duration of assigned shift. 7) Perform all of the Post Orders and Pass Downs as applicable. 8) Perform duties in a professional manner at all times, including appropriate behavior and attitude, well -maintained appearance including, but not limited to: covering up inappropriate tattoos, and no jewelry except wedding ring and/or watch. 9) Exhibit competent command of the English language and efficient in communicating with the public. E. Uniforms 1) Furnish and provide well -maintained matching soft uniforms for each event security guard including but not limited to: jacket, shirt, pants, shoes, raingear (as -needed basis for inclement weather). Must adhere to City's COVID-19 safety protocols such as wearing a facial covering (mask) when appropriate (i.e. within six feet of any individual). 2) Ensure that appropriate identification badges, patches, or screen prints are easily seen by City Staff and all visiting patrons. 3) Furnish and provide sufficient quantity of each item above to allow each security guard to have an appropriate number of change outs: shirts and pants on a per shift basis; shoes on an as -needed basis. 4) Ensure that all uniforms are clean and well pressed and always look professional. 5) Security guards are not to substitute any of the above uniform articles. 6) Any security guard who reports to their assigned post and does not have the appropriate uniform must be immediately (within 1 hour) replaced with a guard that has the appropriate uniform. 3 F. Equipment 1) Furnish and provide cell phone to facilitate on -site communication between guards, supervisor, business owners, residents, City staff and his/her designee. 2) Transportation car/golf cart/electric vehicle (optional element of this RFP): ability to research a transportation car/golf cart/electric vehicle that is street -legal that can be purchased by the contractor on behalf of the City, which will ultimately become City property at the termination of the agreement with proper reimbursement for the cost of the vehicle. Transportation vehicle will be used predominantly for security guards to patrol the area more efficiently and may be used to transport goods and/or people for urgent or sensitive matters in DTSA. G. Reports 1) Submit activity reports from the prior security shift within six hours, in the method required, and on the forms required. 2) Include any pertinent information or backup documentation with your reports. 3) General: Report immediately, verbally and or in writing as soon as practically possible taking safety into consideration; especially concerning issues that may require immediate action to avoid potential escalation. If possible, take photos of the observation or interaction and attach to email, text, pictures, and written reports. 4) Safety, Injury, or Damage: any impending, occurring, or potential hazards, incidents, or accidents that have harmed, are harming, or could likely harm persons, animals, plants, property, environment, or the like. 5) Public Nuisances: any observations of any public nuisances. 6) Business Interactions: any interactions with business owners and or persons. 7) Work Performance Delays: anything that is or could potentially delay or prevent work from being performed within the designated times and locations. 8) Follow up Activities: ail action items from the above section, which may have been verbally reported, but a written report was not possible at the time; and all action items as required by City Representative. 4 H. License and Permits 1) Contractor and assigned personnel shall possess all licenses and permits required by the following entities: federal, state, county, city, and other necessary entities. I. Provide Security Guards for as -needed assignments within 24 hours of notification from City Representative. J. Legal & Best Practice Requirements 1) Be self -informed, abide by, and comply with all, current and applicable, local, county, state, federal or other legal requirements and best practices at all times. 2) Do not cause, allow to be caused, or permit the continuance of any violation of any legal requirements or best management practices. 3) Be responsible and bear all associated costs should any work be performed in contrary to any laws, ordinances, codes, rules, or regulations. 4) Must have a valid State of California, Bureau of Security and Investigative Services, Private Patrol Operator's license for the required work. 5) Contractor must provide everything necessary at company expense including, but not limited to all labor, supplies, tools, equipment, and the like required to perform and complete the required services. 6) Contractor must perform and comply with all work per these specifications, according to all applicable and acceptable industry standards, of the highest quality commensurate with the required service. 7) Contractor must comply with and be fully responsible at all times for being up-to-date regarding all applicable legal requirements in accordance with the attached specifications. K. Security guard/supervisor/liaison that does not meet all legal requirements and all requirements as specified herein, as deemed in City Representative's sole discretion, must be immediately removed from post assignment, is not permitted to be reassigned to any City post, and must be replaced immediately with a security guard who meets all legal requirements and all requirements as specified herein; NO EXCEPTIONS. E7 L. At City's sole discretion, City may allow a security guard, who is removed from post assignment, to be reassigned only after said security guard has been fully retrained or received additional training at Contractor's sole expense and to City's satisfaction. M. General Requirements -Company 1) Orientation time is billable for no more than thirty (30) minutes unless City has specifically requested an earlier arrival. Late arrivals will be assessed liquidated damages. 2) When multiple guards are required, only the security guard supervisor will be paid for the orientation time. 3) Keep an updated and approved security guard list, which must include, but not limited to: 4) Full Name: First, Middle, Last 5) Photo: Current, face 6) Address: Residence 7) Phone Numbers: Contact 8) Security Guard Registration: current 9) CA driver's licenses: current 10)Experience: at least 12 months prior work experience as a registered security guard 11)Do not place any guards at any posts unless that guard is on the approved security guard list. N. Holidays: only the listed City holidays are subject to any premium rates (overtime, etc.) 1 DATE January 1 EVENT New Year's Day 2 Third Monday in January Martin Luther King's Birthday 3 Third Monday in February President's Day 4 Last Monday in May Memorial Day 5 July 4 Independence Day 6 First Monday in September Labor Day 9 7 November 11 Veteran's Day 8 Fourth Thursday in November Thanksgiving Day 9 Friday after Thanksgiving 10 December 25 Christmas Day Service Area for Downtown Santa Ana Downtown Santa Ana BID Boundaries 000101 '' NONE=M ■L■�_�. 13❑ 4CgC 5 T. �1 N E ❑ 13—E ^tli 5� Santa Ana Business Improvement District _ 4ywmdoar�m6 a 7 Wednesday, September 8, 2021 A SECURITY PARTNERSHIP PROGRAM FOR THE CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY Downtown Santa Ana Unarmed Security Guard Services Response to RFP No. 21-099 Local Address 10016 Pioneer Blvd. Suite 109 Santa Fe Springs, CA 90670 Primary Contact Carl Cunningham, General Manager 415-760-8116 carleunnin-,ham@patrolsolutions.com Wednesday. September 8. 2021 Patrol Solution TABLE OF CONTENTS TABLEOF CONTENTS...................................................................................................................2 C. COVER LETTER..........................................................................................................................3 D. SERVICES PROVIDED...............................................................................................................4 E. FIRM AND TEAM EXPERIENCE.............................................................................................7 1. General Firm Description.......................................................................................................7 2. Prior Experience.....................................................................................................................7 3. Nearest Address and Headquarters Address..........................................................................8 4. Project Manager.....................................................................................................................8 5. Project Manager Agreement..................................................................................................8 6. Key Staff Resumes.................................................................................................................9 7. Similar Experience...............................................................................................................13 8. Projects that Make Patrol Solutions Stand Out....................................................................13 F. PROPOSED WORK PLAN ........................................ i e 1. Statement of Understanding.................................................................................................14 2. Anticipated Approach..........................................................................................................14 3. Suggestions or Special Concerns.........................................................................................14 4. Deliverables and Implementation Plan................................................................................14 G. COST/BUDGET PROPOSAL....................................................................................................17 H. REQUIRED FORMS AND CERTIFICATIONS.....................................................................18 PROPOSAL Page 2 Wednesday September 82021 _ Patrol Solutions C. COVER LETTER Julie Castro -Cardenas, Economic Development Specialist II City of Santa Ana — Community Development Agency 20 Civic Center Plaza M-25 Santa Ana, CA 92701 Dear Julie Castro -Cardenas, Patrol Solutions sincerely appreciates the opportunity to present this proposal for serving the unique security requirements of the City of Santa Ana. It is the goal of my company, Patrol Solutions, to protect your employees, patrons, and property in a responsive and responsible manner. I have partnered with industry -leading security professionals who share my vision of emphasizing customer service in our security. We comprise the leadership of this company, and we all understand how important it is to give each client our full attention and respond whenever things may come up. We take great pride in adapting our security service in order to meet the specific needs of each and every client. Our entire management team, especially Director of Operations Felix Guerrero and the local team, will work to develop strong working relationships with City staff and local law enforcement in order to deliver processes and training requirements specific to this contract. We currently perform very similar services for the Arts District of Los Angeles Business Improvement District, and many of the best practices and protocols we've gleaned will be applied to the City of Santa Ana as well. Patrol Solutions constantly analyzes ways in which we can further enhance our services with software, technology, and management in order to support the dynamic needs of our clients. Our officers are trained to maximize safety and security procedures as well as customer service, which is important for positions in which they interact with the public. Our management team places an emphasis on communication and accountability to ensure that the security plan is implemented and executed as best as possible. Felix has great experience managing similar projects. He is also fluent in Spanish and we have officers who are fluent in Spanish, too. Patrol Solutions, LLC (doing business as: Patrol Solutions), is headquartered in Citrus Heights, California, and has been providing armed and unarmed contract security services since 2010. Minton Kehoe has owned the company since 2016. We are a limited liability company. Our clients include government agencies and municipalities as well as properties and entities in the private sector. PS operates out of six offices throughout California and employs about 140 security officers. PS is licensed as a qualified security patrol operator by the state of California/Bureau of Security and Investigative Services (license number PPO 119966). We have read and reviewed the RFP and understand the nature of the work to be accomplished. Please let us know if we can provide you with any additional information. Respectfully, eeme j"G tite� Carl Cunningham, General Manager 415-760-8116 1 carlcunningham@patrolsolutions.com PROPOSAL Page 3 2021 Patrol Solutions D. SERVICES PROVIDED Our upper management has direct experience serving clients with multiple sites, including projects involving foot and bike/cart patrols for properties spread out over several city blocks. Patrol Solutions has been providing security services for public and private entities since 2010. Some of our current clients are the Arts District of Los Angeles, the City of San Francisco Human Services Agency, and the Contra Costa Water District. Our upper management team, including our director of operations, our general manager, and our Bay Area regional manager, has direct experience with the management of major government contracts. Now that these managers are part of Patrol Solutions, they can apply all of their knowledge and expertise for the City of Santa Ana security plan. Felix Guerrero, who would serve as the project manager for this contract, has direct experience managing the security contract for the City of Glendale, which included unarmed security for libraries, public buildings, and 27 parks. We will manage the security program and provide the City of Santa Ana with trained and qualified unarmed security officers for all of the requested service hours. These officers will conduct all duties as described in the scope of work of the REP. Officers assigned to this contract will meet the requirements specified in the RFP as well, including having English and Spanish language skills. Patrol Solutions will provide officers with uniforms and all of their equipment, including cellphones, guard tour system, and any bicycles and/or electric carts. General Approach to the Scope of Work It is the goal of Patrol Solutions that all of our security services will ensure the safety of patrons, vendors, and your employees. By providing a visible presence, our officers serve as a visual deterrence to crime and other unwanted activities. By performing their duties in an engaged, alert, and responsive manner, officers will create a safe environment for everyone. Whenever possible, officers will assist patrons, vendors, and City employees as long as doing so does not compromise their security duties. Patrol Solutions will use our training and managerial resources in order to implement a site assessment and training program throughout the transition and delivery of the work plan. Led by Felix Guerrero, our local team will be able to focus on what matters most: officer development with the goal of customer service and asset protection. Felix will serve as the designated project manager. For the benefit of the City, our officers, managers, and client will be supported by our manned 24/7 watch commander station. Every shift, we have mobile field team managers who conduct on -site supervision and support. Delivery of service will not just be in the field. Jennifer Pinelo and the team at the local office are available to help officers with HR matters, uniforms, inquiries, and schedule changes if needed. We know the tasks required and are prepared to evaluate and improve wherever possible. Our experienced and knowledgeable security management team begins by reviewing your stated needs. After assessing current security, our team then designs a security program customized to your requirements and tailored specifically for the designated downtown area. In particular, PS pays special attention in addressing the following factors 24/7 Field Team Manager Program — Field team managers are available 24/7 via phone, text, and email. They conduct proactive site checks and ensure that field officers are performing up to standards. They evaluate officers' uniforms and equipment, review daily activity reports, and assist with any patrol or protocol modifications. Their time of visit varies from day to day. FTMs are mobile (in marked security vehicles) and also respond to any emergencies or incidents. They not only supervise and manage the officers in the field, but also reward and discipline them. If necessary, FTMs can assist in cross - training officers. At PS, our FTMs personally take initiative to visit sites, thereby providing a visible PROPOSAL Page 4 Wednesday September 8 2021 Patrol Solutions leadership presence to field officers and staying in touch with the client's management team. Unarmed Security — Officers will be trained to master the ins and outs of their specific post. They will learn your general rules and regulations, gain familiarity with the downtown area, and learn general information so that they will be capable of interacting with the public. Security officers will observe and report daily activities, and prepare accurate and legible daily activity reports and incident reports (as needed). They will conduct regular patrols and assist your personnel, police, and other law enforcement officials as necessary. They will provide a visible deterrence to unwanted activities and help maintain public safety. Roving Patrols — Officers perform full patrols on a regular basis. These patrols include all areas of the site as designated by the post orders. A visible presence will serve as a deterrent to trespassers and crime, and increase general public safety. Officers will seek to prevent and minimize fire, theft, damage, graffiti, and other unwanted activities. As they make their rounds, they will also ensure that the facilities are secured (doors, windows, gates, locks, etc.) if appropriate. Any unusual incidents or hazardous conditions will be reported to the proper representative and logged. Officers will perform patrols on foot and/or bicycles. Customer Service — All PS officers must undergo and complete customer service training. Officers will support City employees in any capacity as long as the officers can safely complete their post duties. Likewise, officers who work at posts where they will interact regularly with the public will be comfortable doing so. They will be able to provide public information to visitors and have basic knowledge of the general area and services. Officers will, at all times, be polite, courteous, respectful, and responsive to any person authorized to be at the site. Reporting and Documentation — All PS officers are trained to write accurate and detailed reports. Officers will complete the appropriate reports for each shift. The reports are completed online and emailed directly to the client and are searchable. Reports include daily activity reports, conditions reports, incident reports, and others as assigned. Any officer who knowingly falsifies a report will be disciplined up to and including termination from employment. Officers are fluent in English and able to communicate verbally as well as via the report writing system. Officers will maintain a log of security violations and report occurrences to supervisors as quickly as possible. In the event of any maintenance requests, officers will forward such requests to the proper representative. Emergency Response — PS will design and implement an emergency plan that will address all response to threats and potential emergencies at the various sites. The PS corporate emergency response plan is based on the nationally -recognized Incident Command System (ICS) for emergency response. PS understands that changing security needs in the case of an emergency or incident requires PS to respond with additional staff. PS is fully prepared to increase our security services in the event of an escalation in the security level (emergencies, civil unrest, fire, or special events). PS will work closely with your management to escalate and de-escalate the need for additional staffing at the site. In the event of an emergency, PS uses the following procedures to ensure that trained staff are on -hand to fill all shifts at the site, including scheduled absences as well as increases in staffing: Cross -training — PS cross -trains security officers, supervisors, and managers. PS will share an employee list of trained officers available to work at the site and will train more officers per request of client, if needed, • Back-up Staffing — PS will, at all times, have a pool of qualified officers who have received full training and orientation, including post assignments, standards, and procedures. These officers will be able to fill any shift on a short notice. • Emergency Planning — PS operates a corporate emergency response plan based on the nationally -recognized Incident Command System. This plan covers all aspects of emergency response. Our corporate guidelines are designed to help us maintain security services before, PROPOSAL Page 5 Wednesday, September 8 2021 Patrol Solutions during, and after an emergency. This includes situations such as earthquakes, major fires, major civil unrest, or major escalation of the security level. Because each client and each situation is unique, PS works with management to implement preventive measures such as training and emergency planning. • Emergency Response Vehicle — PS operates an emergency response vehicle especially equipped for emergency situations and special events. Our emergency equipment is always at the ready, and includes power generators, indoor/outdoor lighting systems, light rescue equipment. All of the emergency equipment is checked monthly. This specially -equipped vehicle enables PS to respond during an emergency incident or scheduled special events. Management Plan Every shift, we have at least one mobile field team manager on duty who is equipped to provide proactive site supervision and support. The field team manager provides oversight to officers in the field and has the authority to discipline and train officers as needed. In the event of any incidents, the FTM will arrive on the scene. An FTM can be reached 24-7 via phone. The FTMs will report to Felix Guerrero. He has full authority to address any problems and issues raised by the City, including (but not limited to) increases and decreases in staffing and disciplinary problems. He will manage the FTMs to ensure that every level of performance has accountability. Our management team will be available for regularly scheduled meetings with City security liaisons to ensure that all aspects of the security program are meeting expectations. Supervision We maintain a 1 to 4 supervisor/lead officer to security officer ratio. In addition, we provide a I to 20 manager to officer ratio in order for our team to receive updated training and other important company news. Maintaining a positive connection between officers, the client, and our management is critical to reducing turnover. Officers designated as supervisors help ensure that the other officers are carrying out their duties properly during their assigned shift. Supervisors are more seasoned, experienced, and capable than lower -level officers. Field Team Managers (FTMs) check in at every site daily in order to ensure that all of the officers are meeting client expectations and performing well. Random Site Inspections: Patrol Solutions conducts unannounced site checks at least once per day. These site inspections are conducted by one of our managers, a group which includes the field team managers and higher (operations manager and regional manager). Proactive Field Support: The Patrol Solutions field team manager (FTM) program is a critical aspect of our proactive quality control process, which distinguishes us from other security providers. At other security companies, managers tend to go on -site as a response to complaints, after a problem has arisen. At PS, our managers personally take initiative to visit sites, thereby providing a visible leadership presence to field officers and staying in touch with the client's management team. Leadership's Role: Every day, each site receives an on -site inspection from a field team manager (FTM) who has the authority to review performance and perform corrective actions if necessary. These unannounced checks help motivate officers to remain alert. The FTM: Our FTM program sets us apart from all other security providers. This position is staffed by an experienced leader who maintains daily contact with multiple sites and is duly qualified to evaluate field officer performance. PROPOSAL Page 6 Wednesday September 8 2021 Patrol Solutions E. FIRM AND TEAM EXPERIENCE 1. General Firm Description Patrol Solutions has about 140 total employees, and about 35 employees in the LA region where this contract will be serviced. 2. Prior Experience Patrol Solutions' unique ability to combine financial strength, personnel development, disciplined execution, responsive management, and adaptive customer service has empowered us to meet the evolving needs of each and every client. Entities comparable to the City of Santa Ana Community Development Agency find us to be the ideal security services partner. Our company's management team is accustomed to serving government clients who are dynamic in scope, magnitude, and complexity. Vast resources activated through well-defined management processes enable PS to meet the requirements of modem facilities and the demands of highly responsible and highly sophisticated clients. Our leadership team and management team are comprised of former Cypress Private Security managers, who have direct experience with serving the following accounts. In particular, Felix Guerrero, our director of operations who will oversee the City of Santa Ana security project, has managed the LA -region contracts listed below, while some of our other company managers oversaw the other regional contracts. Felix's professional experience includes managing the Arts District of Los Angeles Business Improvement District, which has a very similar scope of work to this City of Santa Ana project. Listed below are some of the contracts Felix has managed. • Arts District Los Angeles o $680K per year 0 11/2017 to 06/2019, 09/2020 to present o Unarmed officers provide bicycle, foot, and vehicle patrol. Officers provide visible deterrent to trespassing, vandalism, illegal camping, community engagement, and incident reporting. • City of Glendale o $600,000 per year o 04/2012 to 06/2019 with customer service through active patrolling, o Unarmed services for the City's libraries, public auditoriums, parking structures, office buildings, transit depot, Water & Power department facilities, and 27 parks. Duties include mobile and foot patrols, access control, lockup procedures, call response, and more. • City of Inglewood o $450,000 per year o 01/2019 to 06/2019 PROPOSAL Page 7 Wednesday, September 8 2021 Patrol Solufions o Unarmed security for the City's public libraries, City Hall, the senior center, and public parks. Duties include mobile and foot patrols, access control, lockup procedures, call response, and more. • Los Angeles Police Department o $2 million per year o 2/2017 to 06/2019 o Unarmed and armed officers to provide security guard services through the entire LA Basin, including El Pueblo, libraries, public hygiene facilities, water treatment plants, city buildings, jails, and the police communication tower. • Housing Authority of the City of Los Angeles o $5.5. million per year o 09/2013 to 11/2018 o Armed and unarmed services for a major housing authority. Mobile patrols, foot patrols, access control, emergency response, concierge functions, customer services, CCTV monitoring, alarm systems, operation of X-Ray machines. • Redondo Beach Transit Center o $50,000 per year o 01/2012 to 06/2019 o Unarmed services for the transit center. Access control, foot patrol, emergency response. 3. Nearest Address and Headquarters Address The local address which will serve the City of Santa Ana is located at 10016 Pioneer Blvd. Suite 109 1 Santa Fe Springs, CA 90670. The company headquarters is located at 6060 Sunrise Vista Dr. Suite 1500 1 Citrus Heights, CA 95610. 4. Project Manager Felix Guerrero will serve as the supervising project manager. He is based out of the Santa Fe Springs office and can be reached at 310-490-9804 and felixguerrero@patrolsolutions.com. 5. Project Manager Agreement We agree that the City's Project Manager shall have the right to require the removal and replacement of our project manager under this agreement. PROPOSAL Page Wednesday, Septembff 8 2021 Patrol Solutions 6. Key Staff Resumes Patrol Solutions wants to provide the City with a direct channel of communication so we can provide the very best security services possible. To reflect this philosophy, our organizational structure is designed to minimize cumbersome layers of bureaucracy. Our goal is 100% customer satisfaction. Authority and responsibility is delegated appropriately so managers can resolve issues without having to sift through endless red tape. Instead, open lines of communication mean that management can be in contact with on -site and off -site staff quickly. Expertise Security Operations, Operations Management, Customer Service, Business Planning and Development, Workplace Injury Prevention, Security Program Development Professional Affiliations American Society of Industrial Security (ASIS) BSIS Klinton Kehoe is the CEO and owner of Patrol Solutions. He entered the private security industry as a security officer for a regional security company. Less than half a year into his career, he found that he was clearly well -suited for the job and was promoted to be a training manager. He quickly earned numerous training certifications and became qualified to train security officers. In addition to his capabilities as a trainer, he was also promoted to be a shift manager. In this role, Klinton managed a security program with 100 officers assigned to the project. He managed deployments, breaks, schedules, and performance reviews. As he continued progressing in his career, Klinton began taking on more operational, "big picture" roles and he eventually managed over seventy clients and properties. Going to his sites also instilled in him the importance of great customer service. Seeing firsthand how much clients valued clear lines of communication, honesty, and personal accountability, Klinton knew that his responsiveness and responsibility as a manager would always have meaning and add value to the security program. It is precisely that attitude that helped him build Tactical K-9 & Patrol Solutions, the company that would eventually be known as simply Patrol Solutions. PROPOSAL Page 9 Wednesday, September 8, 2021 Patrol Solutions Expertise Business Management, Business Development, Security Operations, Workplace Injury Prevention, Healthcare Security Program Development, High Rise and Commercial Building Certifications Professional Affiliations American Society of Industrial Security (ASIS), Building Operators and Managers Association (BOMA), Institute of Real Estate Management (IREM), California Association of Community Managers (CACM), International Association for Healthcare Security & Safety (IAHSS), San Francisco Electronic Crimes Task Force (Secret Service), Northern California Regional Intelligence Center (Department of Homeland Security), InfraGard (FBI) Carl Cunningham is partnering with Patrol Solutions, founded in 2011, after a ten-year stint as the primary business development manager at Cypress Private Security. After Cypress was bought out by one of the international security firms, the Patrol Solutions partnership was created specifically to provide a customer -oriented experience for clients who have been disillusioned with the inattention and lack of care from the so-called industry leaders. Patrol Solutions is new to the local market, but comprised of a management and leadership base of the best former Cypress managers. Patrol Solutions works to provide responsive decision making to every individual client, and also strives to recognize each employee's efforts and contributions while providing a road to successful career development. Carl enjoys the camaraderie, not only between employees, but between the company and clients. The personal consideration a client receives is something Carl truly values in his work and strives to provide. One of his many talents is the ability to provide a great deal of attention to each individual client, as he builds each client's relationship with the Patrol Solutions management team. When meeting with clients, he accurately and helpfully applies his knowledge of the security industry to diagnose the specific services they need for their site. His clients have long appreciated the sincerity and thoughtfulness he provides as he addresses all of their security concerns. With over 20 years of experience in operations, sales, and marketing, Carl has vast knowledge in the security and business management fields. He is responsible for all areas of business development and takes a long-term approach to cultivating business partnerships with clients, ensuring a customized security program that meets their needs. PROPOSAL Page 10 Wednesday, September 8 2021 Patrol Solutions Expertise Security Operations, Security Training Plans, Leadership and Management, Firearms, High Risk Security Programs, Security Patrol Procedures, Loss Prevention Strategies, Security Operational Support and Oversight, Weapons of Mass Destruction, Public Relations, Public Safety, Premises Liability, Officer Safety Education Metropolitan High School, Rio Hondo College, Firearms Training Academy Certificates/Affiliations BSIS, FEMA, DSMA, CPI FEMA: Basic Workplace Security Awareness; FEMA: Workplace Violence Awareness; FEMA: Active Shooter; FEMA: Introduction to the Incident Command Center; Downtown Security Manager's Association; Certified Firearms Instructor Felix Guerrero joined Patrol Solutions in 2020 after working in the security industry for over twenty-two years, spending most of his career as a project start-up manager, operations manager, and training administrator. Prior to partnering with Patrol Solutions, Felix worked at Cypress Private Security for ten years, until Cypress was bought out by Allied Universal. Thus, he joined Patrol Solutions, a company where every client would receive great personal attention and care. With an astute understanding of client needs, Felix prides himself on providing superb customer service and works tirelessly to address and remedy operational issues swiftly. As a certified firearms instructor, Felix understands the gravity of responsibility. His years of experience have enabled him to oversee high risk security operations staffed by armed officers, and his expertise in defusing conflicts has allowed him to minimize the threat of incidents. During his time at Cypress, Mr. Guerrero managed over 40 armed guards in the Los Angeles area. In addition, Felix gained deep insight into the inner workings of managing, training, and developing staff. He has overseen relevant security projects in the retail and logistics industry at Technicolor Distribution Center, APL Logistics, and HP Logistics. Under his guidance, his teams consistently aided clients' loss prevention programs, reducing theft and recovering merchandise. Felix is a firm believer in teamwork. He is a member of the Downtown Security Manager's Association, an organization of security and law enforcement professionals recognizing homeland security efforts in L.A. Together, members exchange information and share best practices for mutual benefit. Whether providing security services for government municipalities or private companies, his history clearly demonstrates a pattern of success. Felix's skills and experience make him a dependable and trusted frontline contact for all domestic security operations. PROPOSAL Page 11 Wednesday, September 8 2021 Patrol Solutions Expertise Talent Acquisition, Security Recruitment, Staffing and Hiring Processes, Customer Service, Administration Education Santa Monica College El Camino College i Jennifer Pinelo is the HR specialist and recruiter for Patrol Solutions' Los Angeles region. In this role, she conducts the recruitment processes for all security accounts under her branch office's purview to ensure that high quality candidates are hired, trained, and assigned to our clients. She also assists with security officer orientation training, officer scheduling, and human resources matters. Jennifer also provides additional administrative support to the local management team. Before joining Patrol Solutions, Jennifer performed the same functions for Cypress Private Security for several years. She has also worked at Allied Universal and Securitas as a security officer. Primarily, she specialized in access control, customer service as a lobby ambassador, report writing, badging, and camera surveillance. Her firsthand experience with field work makes her an excellent recruiter because she understands the qualities a candidate needs in order to be effective. In addition to her work in the private security industry, Jennifer also has experience as a customer service specialist at Target. She also worked as a tax preparer for Benjamin Taxes Services. All of her previous experience has prepared her well for her current role. In her previous work, she developed familiarity with administrative processes including data entry, handling confidential information, scheduling, inventory, assisting with office accounting, and detailed documentation. Jennifer's willingness to engage clients, colleagues, and candidates, and her vested interest in seeking their best makes her an ideal recruiter and HR specialist for Patrol Solutions. PROPOSAL Page 12 2021 7. Similar Experience Patrol Solutions Locally, one of the clients we serve that is similar in scope to this project is the Arts District of LA. We provide unarmed officers who conduct bicycle, foot, and vehicle patrols for the business improvement district. Officers provide visible deterrent to trespassing, vandalism, and illegal camping. They are also capable of community engagement, with customer service through active patrolling, and they respond to any calls for service. Felix Guerrero, our director of operations and local manager, began managing that project in 2017 while he was at his previous security company. In 2020, Patrol Solutions took over the contract and Felix was able to resume serving the contract. 8. Projects that Make Patrol Solutions Stand Out Patrol Solutions is a California -based regional security company which has proven to be resourceful with large scale capacity. Recent successes include ramping up multiple emergency response security programs. These programs include an 85-officer deployment in 1 week (City of San Francisco Human Services Agency), 10 armed officers in the same day (LA), and a 10 officer, 10 site deployment in 24 hours (Inland Empire and LA). Our management team is also experienced serving major government agencies throughout California, and we strive to be responsive to the shifting needs of clients. The City of SF HSA project which had a one -week startup period took place early on during the pandemic. It is a project that we are proud of being able to service because it was an emergency services project brought about by the shelter -in - place order. The project involved providing unarmed services for five city -managed hotels in downtown San Francisco which were serving as COVID-relief sites. Due to the nature of the project, that client needed services to begin within a week of signing the contract, and we were able to hire and train qualified officers. Although it would be a stretch to claim that everything at the start was executed flawlessly within such a short timeframe, we can say that we have been able to take every corrective action in response to the client's needs, and that we still continue to serve that contract to this day, and that the client has been pleased with our services overall. aa� PROPOSAL Page 13 Wednesday, September 8 2021 Patrol Solution F. PROPOSED WORK PLAN 1. Statement of Understanding Patrol Solutions has read and reviewed the Scope of Services in the RFP, and we understand the City's needs and requirements. We are capable and willing to perform all of the work requested, and local team has the infrastructure in place to adapt to your evolving needs. 2. Anticipated Approach We do not anticipate any issues that would hinder us from beginning services. Typically, we prefer a four -week startup period that begins when the contract is signed. However, in the past, we have been able to implement services in shorter time frames when circumstances absolutely demand it. 3. Suggestions or Special Concerns At this time, we do not have any particular special concerns to bring to the evaluation committee. 4. Deliverables and Implementation Plan Start-up Plan Our transition plan begins once we receive the awarded contract. The client immediately will begin to experience a more disciplined, thorough, and systematic approach to security service. PS will: • Seek to understand and operate in harmony with current work -flow. • Anticipate and assess the potential impact on various departments and constituencies. • Learn all rules, policies, and procedures at the site and within the operation. • Implement the most effective tools, materials, and technology. • Execute a systematic and smooth transition of responsibility that instills confidence. Key Personnel Duties and Responsibilities: Before the transition starts, PS will identify the key personnel who will be responsible for delivering services and define their duties during the transition. Documentation and Communication: PS, together with the client, will establish ongoing communication methods and requirements needed to operate the security program. Transition Timeline Task Assioned Award letter issued to PS Date Due > 3 weeks prior to startup Responsibility I Gen. Mgr. PS transition team assigned and in place > 3 weeks prior to startup Proj. Mgr. Meet with client to obtain site specific information > 3 weeks prior to startup Proj. Mgr. Outline and adjust transition plan if needed > 3 weeks prior to startup Proj. Mgr. Security and technology assessment > 3 weeks prior to startup Proj. Mgr. Management/labor meeting > 3 weeks prior to startup Proj. Mgr. Conduct site security survey > 3 weeks prior to startup Proj. Mgr. Introduction letter, application, and drug screen > 3 weeks prior to startup Human Resources PROPOSAL Page 14 Wednesday, September 8, 2021 Patrol Solutions forms Interview and select employees > 3 weeks prior to startup Human Resources Prepare wage and benefits package > 2 weeks prior to startup Human Resources On -site training for operations team > 2 weeks prior to startup Proj. Mgr. Gather information about current staff at site > 2 weeks prior to startup Human Resources Provide assessment, training of current staff at site > 2 weeks prior to startup Proj. Mgr. Order all supplies and equipment > 2 weeks prior to startup Proj. Mgr. Deadline for applications to be received > 2 weeks prior to startup Human Resources Order uniforms and duty gear > 2 weeks prior to startup Proj. Mgr. Prepare post orders > 2 weeks prior to startup Proj. Mgr. Select security officers > 2 weeks prior to startup HR & Proj. Mgr. Prepare site -specific training materials > 1 week prior to startup Proj. Mgr. Meet with client to brief on transition progress Continuous Proj. Mgr. Present post orders to client > I week prior to startup Proj. Mgr. Deadline to complete drug screen for candidates > 1 week prior to startup Human Resources Meet with client for feedback on first draft of post orders > 1 week prior to startup Proj. Mgr. Ensure each post is fully equipped as specified > 1 week prior to startup Proj. Mgr. Prepare master schedule > 1 week prior to startup Scheduling Manager Fit uniforms and re -order as needed > 1 week prior to startup Proj. Mgr. Retraining of incumbent personnel hired by PS > 1 week prior to startup Proj. Mgr. Service start TBD Proj. Mgr. Evaluation Calendar The evaluation calendar outlines key on -site elements related to performance after the project has begun. The tasks are divided according to department and corresponding manager. Task Assigned Date Due Responsibility One month evaluation of each officer's performance 30 days after startup Proj. Mgr.. Training or re -assignment as needed (individual officers) 30 — 45 days after Proj. Mgr.. startup Three-month evaluation of each officer's performance < 90 days after startup Proj. Mgr.. Training or re -assignment as needed (individual officers) 90 — 100 days after Proj. Mgr.. startup PROPOSAL Page 15 2021 Patrol Lighthouse: Complete Workforce Visibility — The Patrol Solutions Guard Tour System Lighthouse is a guard touring solution with real- time tracking of officers along with daily activity reports and incident reporting. Intelligent location and communication tools empower your distributed teams and give you peace of mind. Continuous tracking through GPS, QR codes, near -field communication (NFQ, and Bluetooth beacons ensure guards are where they're supposed to be. Lighthouse provides you with proof of work to increase satisfaction. We have a 24-hour dispatch center to handle communications and any special needs. Managers have smartphones and can be reached 24-7 via phone, text, and email. We can also provide officers with 2-way radios if needed. Uniforms 0 w r.) 0. T � Of O[[SO�3'EJS SS sm Full-time officers receive, at a minimum, two pairs of pants, three shirts, and a jacket. Part-time officers receive, at a minimum, one pair of pants, two shirts, and one jacket. If officers are working in an environment that will regularly place them in the elements, we can provide additional gear for inclement weather and other conditions. We also provide personal protective equipment for officers who work at sites that require it. Officers are responsible for cleaning their own uniforms. The shirts and jackets are clearly marked with our insignia. However, we have a uniform provider we can work with if alternate uniform styles are desired. — ? Uniforms must be neatly pressed. Authorized uniforms must always, be wom with shirts tuc k e d m. Halr must be neatly groomed. Facial hair must be neatly trimmed. Only post earrings are allowed for security professionals. Visible tattoos should always be covered. Fingernails must be clean and neatly trimmed. Smoking and glen chewing are not permitted while on site and on duty. Appearance also includes the way officers walk, stand, and talk to people. Officers are always to behave in a manner that is worthy of respect. PROPOSAL Pale 16 2021 G. COST/BUDGET PROPOSAL (a CITY OF SANTA ANA ATTACHMENT G Cost Proposal/Budget Proposal Template Solutluns -._. $ 25.34 $ 10,440.08 95 hours per week x 52 Security Guard Hourly Rate weeks divided by 12 Holiday Overtime Rate (only for $ 12.67 $ 354.76 See *rote below approved holidays) $ 019 $ 78,28 2 cellphones Communication (cell phone) Transportation: cart, golf cart. $ u20 $ 82.40 2 txcycles bicycle - $ - $ - Included Reporting Cost - 5 5- Otherexpense - - S- S- Otherexpense - - Discounts (duration of $ - $ - discount) - - $ 10,95552 Total $ 38,40 - - `8 holidays at 14 hours of coverage per holiday only including the premium paid to the officer. The total hourly rate is $38.01 If it is determined a car is needed it will be billed at $3.00 per hour or $1,236.00 per month Day(s) of the Week Time Daily Hours Mon -Wed 9:00cm-10:00pm 39 Thursday 9:00am-12:00pm 15 Friday 9:00am-12:00am 15 Saturday 10:00am-12:00am 14 Sunday 10:00am-10:00pm 12 Total Weekly Hours 95 Note: Security Guard Schedule subject to change with 24 hour notice to selected company. RFP No. 21-099 Downtown Unarmed Security Guard Services Page 34 of39 PROPOSAL Page 17 Wednesday, September 8, 2021 Patrol Solutions H. REQUIRED FORMS AND CERTIFICATIONS QPCITY OF SANTA ANA ATTACHMENT A - - PROPOSER'S CERTIFICATION, 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 1) and am qualified to provide services being requested as specked herein. I understand and agree that I am responsible for reporting any enors, 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 Qualifications. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions. Patrol Solutions, LLC P: 916-919-6079 LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS 10016 Pioneer Blvd. Suite 109 1 Santa Fe Springs, CA 90670 BUSINESS ADDRESS Cad Cunningham General Manager PRINTED NAME OF AUTHORIZED AGENT TITLE &4L ea""74 w 09/03/2021 cadcunningham@patrolsolutions.com SIGNATURE OF AUTHORIZED AGENT DATE E-MAILADDRESS 814243449 PPO No. 119966 FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IFAPPLICABLE) RFP No. 21-099 Downtown Unarmed Security Guard Services Page 27 of 39 PROPOSAL Pa'e IS Wednesday September 8 2021 Patrol Solutions e PROPOSALS THAT DO 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 firms qualifications. REFERENCE Arts District of Los Angeles Customer Nami Business Improvement District Contact Individual: Miguel Vargas Address: 1801 E. An S[ Phone Number: 213-880-1332 Los Angeles, CA 90021 EMAIL: miguel@artsdistrictla.org Contract Amount: $900K annual Year: 092020 to present. However, our local manager has been serving ADLA since 2016. Description of supplies, equipment, or services provided: Foot and bicycle unarmed security patrols of the entire business improvement district REFERENCE City of San Francisco Human Customer Name: Services Agency Contact Individual: Joseph Villatoro Address: 1440 Harrison S[ Phone Number: 415-850-6341 San Francisco, CA 94103 EMAIL: loseph.villatoro@sfgovorg Contract Amount: $6 million annual Year: 062020 to present Description of supplies, equipment, or services provided: Unarmed security services for multiple City -managed hotels and congregate sites. REFERENCE Customer Name: Logix Federal Credit Union Contact Individual: Tyson Humpherys Address: PO. Box 6759 Phone Number: 818-565-2155 Burbank, CA91510 EMAIL: tumpherys@lfcu.com Contract Amount: $80K annual Year: 042020 to present However, our local manager has been serving since 2016. Description of supplies, equipment, or services provided: COVID-related special coverage for nine locations throughout Los Angeles County. RFP No. 21.099 Downtown Unarmed Security Guard Services Page 28 of 39 PROPOSAL Page 19 2021 CITY OF SANTA ANA AND ATTACHMENT B REFERENCES Patrol 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 firms qualifications. REFERENCE Customer Name: Contra Costa Water District Contact Individual: Tracie Keith Address: 1331 Concord Ave. Phone Number: 925-688-8146 Concord, CA 94520 EMAIL: tketth@ccwater.com ContractAmount: $150K annual Year: 0112021 to present Description of supplies, equipment, or services provided: Unarmed vehicle and foot patrols, securing the 13-acre campus with multiple buildings and facilities. REFERENCE Customer Name: LA County Dept. of Public WorksContact Individual: Robert Gresham Address: 200 S. Fremont Ave. Phone Number. 562-861-0316 Alhambra, CA 91801 EMAIL: rgresham@dpw.lamunty.gov ContractAmount $2 million annual Year: Our Director of Operations, Felix Guerrero, personally managed this contract from 03Y2009 to 0212020 at his previous Description of supplies, equipment, or services providedbompany Armed and unarmed services for the LACDPW headquarters and numerous other facilities and sites. REFERENCE Los Angeles Police Department Customer Name; Security Division Contact Individual: Alejandro DiazValle Address: Phone Number: 213-978-4679 EMAIL: 41897@lapd. online Contract Amount: $2 million annual Year: Our Director of Operations, Felix Guerrero, personally managed this contract from 2001-2009 an rom 016-2020 Description of supplies, equipment, or services provided: at his previous company Provide security for libraries, parks, commercial properties, and historical sites. RFP No. 2 1-099 Downtown Unarmed Security Guard Services Page 28 of 39 PROPOSAL Page 20 Solutions -r1t CITY OF SANTA ANA PROPOSALS THAT DO NOT ATTACHMENT C PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof sperifically 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 is execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service property addressed to the proposerwfth 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 Ctty's legal holidays), or the funds, check, draft, or proposer's bond substtuted 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 difficut 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. Patrol Solutions, LLC Signed and Printed Name: erne &uouscglra+rc Carl Cunningham Title General Manx Date 09/032021 RFP No. 21-099 Downtown Unarmed Security Guard Services Page 29 of39 PROPOSAL Page 21 Wednesday, September 8, 2021 Patrol Solutions PROPOSALS 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 noncollusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this noncollusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. §t�l If Calaorfiia, County of Subscribed and sworn to (or armed) before n this day of 20_, by . proved on the basis of satisfactory evidence to be the persons) who appeared before me. Notary P c Signature Notary Public Seal •\"�2 RFP No. 21-099 Downtown Unarmed Security Guard Services Page 30 of 39 PROPOSAL P,oe �� Wednesday, September 82021 Patrol Solutions JURAT A notary cubit c or other officer completing this certificate verifies only the Idently of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy. or validity of that document. State of California County of AV4 Subscribed and swom to (or affirmed) before me on this S day of S*'Iiw-44 ' , 20 2f by CR�� S. CuNirn'yy717arr/ , proved to me on the basis of satisfactory evidence to be the person(p) who appeared before me. ➢issue anoluvr rudwamr 4A. nosry pubuaG;arna ey Cl— Ur�'MLlun its 52021 Signs re (Sean OPTIONAL INFORMATION INSTRUCTIONS DESCRIPTION OF THE ATTACHED DOCUMENT F�N'LPIINJ2Yi2 ,�a••�1f (Tine of dnaplan at seadad 0ax nrael niCa r desepAon of atladwd doom ell anhlwdl Number of Pages —LDocument DateMWO� AddOmahfpmasm Thu ad dng dadhven awrpbbdin uaamaanrnmay 1. 2015medbalnea farm assalhathadsh,sts Aref mere reroemepAma eaanalroee mmprerea daps rel iotaV Nis Avm MandJry muV mrtetl the nrdapa N as fi ol, SfrM soared e Areal end%,r ackillnpa lY.1 )aAW mYYA as IAi$Ona waA Nes LW1en p6 pmpr a't ti e h addl'm, V. mlary mud require an salubr h a, lh , d oa rnml Too dawned snpw mdr&ng ae IMAIL.Yress of pm mrdenis of rAe dawmeM lAe dwm�wR must hea'padAFfER the sent m als�nana. Ante eaumanl was pm,busy iglwd. a mud 0e respad h hoof ollAe rrorery pu6dc during I Aalaaf Dmrss. • State &ad county mtoimallan must DB the state and count, whre the document agars) persmudy appeared Wt. the notary public. • Date of noteaaallon must be the dale the signer(s) personally appeared which must am be the same date the jurat process Is completed. • Pont the name(s) of Mw document sigeonsl who personalty appear at the thne of notarisation. • Signature of to notary pubsc must match the signature an OW weh the omce dlhe county Uarh. • The notary seal impression must he clear and photographically reproducible. Impression must hat. tent or Imes. If anal impression smudges, reseal a a sd0clent area permits, atherdse complete a dierentivatfogm. e Additional intrmaaan Is not required but could help to ensure this ivat a Mt misused or aneChad to a dlperera clo.menL -0 Indicate gllerlype of attached document number of pages and date. • Securely attach this document le the signed document with a staple. III 2015 Vemian w AolaryClaasas cam SM-8".-0865 III PROPOSAL Pa=e 23 Wednesday, September 8, 2021 Patrol Solutions CITY OF SANTA ANA 0 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL, PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. 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 falls 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: e4ye 'tLillG Title: General Manager Firm: Patrol Solutions, LLC Date: 09103t2021 RFP No, 2 1-099 Downtown Unarmed Security Guard Services Page 31 of 39 PROPOSAL Page 24 Wednesday September 8 2021 Patrol Solutions 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. RFP Nc. 21-099 Downtown Unarmed Security Guard Services Page 32 of 39 PROPOSAL Page 25 Wednesday, September 8, 2021 Patrol SolutiGns _ CITY OF SANTA ANA 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 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: &-te tiUKedC6tq&m Title: General Manager Firm: Patrol Solutions, LLC Date: 09/032021 RFP No. 2 f-099 Downtown Unarmed Security Guard Services Page 33 of 39 PROPOSAL Page 26 Scope of Work for Civic Center Area/Winter Village Security guard services include, but are not limited to: patrolling areas by foot, bicycle or street -legal cart; monitoring and responding to security issues, and performing the post orders and pass down duties. Monitor, observe, and report illegal activities, suspicious activities, and assistance to merchants, residents, guests, and City staff. Visually inspect and observe outdoor designated checkpoints at regular intervals to maintain adequate security coverage. Contact Santa Ana Police Department when necessary upon observance of suspicious behavior or criminal activity such as vandalism. Provide a positive enforcement presence to deter negative activity and to promote safety. Maintain direct communication with stakeholders such as City staff and his/her designee, business owners, business employees, residents, visitors and have the ability to share contact information such as a work -cell phone. Submit daily activity reports noting any security incidents, suspicious activities, or calls to Santa Ana Police Department. Schedule for Santa Ana Winter Village in Civic Center area November 29 -January 14 Two 24-hour guards plus additional guard services as listed below. December 8 - December 17 Monday - Thursday from 2:00 - 10:00 pm Friday - Sunday from 10:00 am - Midnight December 18 - January 2 10:00 am - Midnight Christmas Eve 10:00 am - 6:00 pm r] Service Area for Civic Center Area/Winter Village CIVIC CENTER DRIVE F w a: F LA K w 3 0 —� LL SUPERIOR COURT CENTRAL JUSTICE CENTER COUNTY LAW CENTRAL LIBRARY UTILITY FACILITY SUPERIOR COURT ANNEX FEDERAL BUILDING SANTA ANA BOULEVARD PARKING P3 JE GARDEN GAR COUNCIL CHAMBERS STATE BUILDING SANTA ANA PUBLIC LIBRARY ERK SANTA ANA CITY HALL 23 Lu w w tA Vf 0 K EXHIBIT C BUDGET 21 Exhibit C Budgets for Patrol Solutions, LLC Page 1 of 2 The following two pages of Exhibit C outline the Patrol Solutions, LLC budget for Downtown Santa Ana and Civic Center Area/Winter Village. Both budgets combined are set to a not exceed $545,000. Security Guard Hourly Rate $ 24.97 $ 10,279.40 Holiday Overtime Rate (only for approved holidays) $ 0.55 $ 226.42 Communication (up to 2 cell phones) $ 0.20 $ 82.33 Transportation: Small pickup truck $ 2.89 $ 1,189.73 Street Legal Cart $ 0.74 $ 304.64 Patrol Sicyle $ 0.10 $ 41.17 Reporting Cost $ 0.02 $ 8.23 $ 29.47 $ 12,131.91 Hourly Bill Rate Hours per month Total Monthly Total $ 29.47 411.67 $ 12,131.63 1 st Year Annual Total The following budget information is for reference only. Year and Year 3 will only be allowed with extension/renewal of the agreement by the City Manager and City Attorney as noted in the agreement and will include a maximum increase of 3% each Year 1 Security Officer Per Shift - All inclusive budget rates** with 95 weekly hours Hourly Rate $30.35 Monthly Rate $12,495.58 Sub -Total Year Two $149,946.98 Year 3 1 Security Officer Per Shift- All inclusive budget rates** vdth 95 weekly hours Hourly Rate $ 31.26 Monthly Rate $ 12,870.45 Sub -Total Year Three $154,473.43 Three Year Total $450,000 Day(s) of the Week Time Daily Hours Mon -Wed 9:Wom-10:00pm 39 Thursday 9:00cm-12:00pm 15 Friday 9:00am-12:00am 15 Saturday 10:00am-12:00am 14 Sunday 10:00am-10:00pm 12 Total Weekly Hours 95 Note: Security Guard Schedule subject to change with 24 hour notice to selected company. 0* Equipment 1 small pick up truck 1 street legal golf cart 1 bicycle Officer Uniforms Up to 2 site phones Guard Tour System ¥ S0N 0 .......,. ,g§ 00 §` &�\ £a� \ ` � � ( ] 0. a &5a»! „ {w uatt)2»3 2 ©G6#f&&y ! \\ \\\\\ ƒ\\ ^�\ /0 - m 41 \ \ \ \ \ �Uz�- G« w ^ k \ \ ) : 3 CL ^\ § { . }9({ \ f }{)§)/} } S |£0E0 ®{\=&4{.( 7)�)) 91 }»§§ 9 2:�{yak®/ "( « N d) aC3 0 k z aktN {}\\})) EXHIBIT D FEDERAL AWARD IDENTIFICATION INFORMATION The General Program Requirements were designed to provide the framework where the CONTRACTOR will provide ARPA programs identified in this attachment. I. GOVERNANCE The CONTRACTOR agrees to comply, remain informed, and deliver services consistent with the provisions of ARPA. Where local policy has not been set, the CONTRACTOR agrees to adhere to state and/or federal policy, as appropriate. IL GOVERNANCE REFERENCES A. Additional state and federal agencies that provide funding to the CITY may be incorporated herein. B. Information Bulletins, Directives, and any other federal and state guidance documents pertaining to the ARPA SURF Funds. C. Actions, directives, and policy and procedures issued by the CITY. D. CITY policies, as applicable. III. CONTRACTOR/SUBRECIPIENT DETERNIINATION: In accordance with the requirements of 2 CFR 200.330 (Subrecipient and Contractor determination) and for the purpose of this CONTRACT, SUBRECIPIENT is determined to be a CONTRACTOR. 22 IV. FEDERAL AWARD IDENTIFICATION FAIN INFORMATION A. CONTRACTOR Name: Patrol Solutions, LLC CONTRACTOR'S Unique B. Identifier (D-U-N-S): 04-896-6056 Federal Award C. Identification Number SLRFP1059 (FAIN): D. Federal Award Date: 05/19/2021 E. Subaward Period of 11 /16/2021-11/15/2022 with 2-one year extensions Performance: Total Amount of Federal F. Funds Obligated by the $ 545,000 Action: Total Amount of Federal G. Funds Obligated to the $ 545,000 CONTRACTOR: H. Total Amount of the $ 64,180,406.50 Federal Award: Federal Award Project ARPA I Description: J. Federal Awarding Agency: U.S. Department of the Treasury K. Name of PTE: L Contact Information for the Kristine Ridge, City Manager Awarding Official: Phone Number: (714) 647-5200 E-mail Address: kridge@sant,,t-ana.org M. CFDA Number: 21.027 CFDA Name: ARPA N. Whether Award is R&D: Indirect Cost Rate for the O Federal Award: 23 EXHIBIT E 1110I:�\7►�1 �1►Y Y Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' responsibilities. The regulations were published as Part VII of the May 26,1988 Federal Register (pages 19160-19211). (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION - Attached) (1) The prospective recipient of federal assistance funds certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (2) Where the prospective recipient of federal assistance funds is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Carl Cunningham General Manager Name and Title of Authorized Representative Signature Uate 11 /21 /2021 24 INSTRUCTIONS FOR CERTIFICATION By signing and submitting this proposal, the prospective recipient of federal assistance funds is providing the certification as set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and/or debarment. 3. The prospective recipient of federal assistance funds shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective recipient of federal assistance funds learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective recipient of federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL. 6. The prospective recipient of federal assistance funds further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and voluntary exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to check the List of Parties Excluded from Procurement or Non -Procurement Proerams. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 25 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension and/or debarment. 26 EXHIBIT F LOBBYING Certification Regarding Lobbying Certification for Contracts Grants, Loans, and Cooperative Agreements The undersigned certifies, 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 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 cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contact, 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 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 Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontract, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 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. Patrol Solutions, LLC Grantee/Contactor Organization Program Title Carl Cunningham 11/21/2021 Name of Certifying Officer Signature Date 27 SUBRECIPIENT warrants the following: 1. SUBRECIPIENT will comply with Public Law 88-352, Title VI of the Civil Rights Act of 1964 (42 U. S. C. section 2000 et seq.) and implementing regulation in 24 CFR Part 1. 2. No person in the United States shall on the ground of race, color, religion, national origin, or sex, be excluded from participation in, or be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with community development funds made available pursuant to the ACT. 3. All laborers and mechanics, employed by contractors or subcontractors in the performance of construction work financed in whole or in part with community development funds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davis -Bacon Act, as amended, 40 U. S. C. Sections 276 a 1-5, except for individuals who perform services for which they volunteered; do not receive compensation for such services; or are paid expenses, reasonable benefits, or a nominal fee for such services; and are not otherwise employed at any time in construction work. 4. SUBRECIPIENT will comply with all Federal statutes applicable to projects funded with community development funds, except that (a) SUBRECIPIENT does not assume CITY'S environmental responsibilities described at 24 CFR 570.604; and (b) SUBRECIPIENT does not assume CITY'S responsibility for initiating the review process under Executive Order 12372. M EXHIBIT G DRUG -FREE WORKPLACE Certification Regarding Drug -Free Workplace Requirements The certification set out below is a material representation upon which reliance is placed by the U.S. Department of Housing and Urban Development in awarding the grant. If it is later determined that the contractor knowingly rendered a false certification, or otherwise violates the requirements of the Drug -Free Workplace Act, the U.S. Department of Housing and Urban Development, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug -Free Workplace Act. CERTIFICATION A. The contractor certifies that it will provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug -free awareness program to inform employees about — (1) The dangers of drug abuse in the workplace; (2) The contractor's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance program; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee who will be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph -(a) that, as a condition of employment under the contract, the employee will - (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. (e) Notifying the U.S. Department of Housing and Urban Development within ten days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction; 29 (f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted - ( 1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f). B. The contractor shall insert in the space provided on the attached "Place of Performance" form the site(s) for the performance of work to be carried out with the grant funds (including street address, city, county, state, and zip code) .the contractor further certifies that, if it is subsequently determined that additional sites will be used for the performance of work under the contract, it shall notify the U.S. Department of Housing and Urban Development immediately upon the decision to use such additional sites by submitting a revised "Place of Performance" form. Patrol Solutions, LLC Organization Authorized Signature 11 /21 /2021 Date 30 PLACE OF PERFORMANCE FOR CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS Carl Cunninqham 11/21/2021 The Contractor shall insert in the space provided below the site(s) expected to be used for the performance of work under the contract covered by the certification: Place of Performance (include street address, city, county, state, zip code for each site): City of Santa Ana 31 Ejhjubmmz!tjhofe! cz!Bohjf! Bohjf! EBUF!)NN0EE0ZZZZ* Bdfwfep! DFSUJGJDBUF!PG!MJBCJMJUZ!JOTVSBODF Ebuf;!3132/23/32! 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