HomeMy WebLinkAboutItem 16 - Agreement with Patrol Solutions, LLC for Security Guard Services Community Development Agency
www.santa-ana.org/cd
Item # 16
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 16, 2021
TOPIC: Agreement with Patrol Solutions, LLC for Security Guard Services for Downtown
Santa Ana and Civic Center area
AGENDA TITLE:
Agreement with Patrol Solutions, LLC for unarmed security guard services for Downtown
Santa Ana and Civic Center area (Revive Santa Ana Program)
RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Patrol Solutions, LLC for
unarmed security services for Downtown Santa Ana and Civic Center area, for a one-
year term, in the amount of $185,990, beginning November 16, 2021 through November
15, 2022, with an option of two one-year extensions, for a total aggregate amount not to
exceed $545,000, subject to non-substantive changes approved by the City Manager and
City Attorney.
DISCUSSION
The City of Santa Ana’s Downtown (DTSA) and Civic Center area are composed of a
variety of businesses, residential apartments/lofts, historical properties, schools, non-
profits, government offices, parking structures/lots, parks and plazas where thousands of
people visit. Safety and security is a priority and Downtown has four full-time dedicated
Santa Ana police officers, parking structure security, and, prior to the pandemic, a security
presence throughout Downtown Santa Ana. The parking revenue that previously funded
security guard services was depleted because of economic decline associated with the
COVID-19 pandemic. Due to the limitation of parking revenue funds, DTSA has gone
without security guards since May 2021.
With available funding through the American Rescue Plan Act (ARPA), security guard
services for the Downtown is being proposed again this year. This service agreement is
in line with ARPA regulations, which will help recover the economy within a business
district that has been financially impacted by the pandemic. In August 2021, the City of
Santa Ana’s Community Development Agency released a Request for Proposal (RFP)
#21-099 for unarmed security guard services. The City received 20 proposals and 13 met
the required qualifications.
Agreement with Patrol Solutions, LLC for Security Guard Services for Downtown Santa
Ana and Civic Center area
November 16, 2021
Page 2
2
2
2
2
The proposals were evaluated by a rating committee composed of representatives from
the following departments: Community Development Agency, Public Works Agency,
Parks & Recreation Agency, and the Santa Ana Police Department. The evaluations were
based on several criteria including: overall understanding of the required services in
DTSA, experience of firm and personnel, reasonableness of cost, and references. The
maximum score was 100 points. Table 1 below provides the ranking of the top proposals.
Rank Proposer Non-Responsive
1 Patrol Solutions, LLC Access Control Security, Inc.
2 Lyons Security Service, Inc. American Shield Private Security, Inc.
3 Absolute International Security Global Security
4 Alltech Industries, Inc. Alpha Omega Security Services
5 American Guard Services, Inc. United Security Specialist
6 Universal Protection Service, LP
dba Allied Universal
Upland Group USG
7 Arya dba United Security Services
8 Triton Global
9 Knowledge Stack dba Execushield
10 Allied Consulting & Security
Services
11 A.G. Coast dba CA Panther
12 Command International Security
Services
13 ABA Protection
The evaluation committee determined that Patrol Solutions, LLC was the top proposer
and received the highest overall ranking as a result of their proposal and oral
interview/presentation.
Patrol Solutions, LLC presented a quality proposal and diligently addressed their
proposed operations plan, had the most reasonable cost for the services, and are familiar
with the area’s needs. Although this will be Patrol Solutions, LLC’s first agreement with
the City, they are proposing to help the City promote safety, security, provide real-time
incident reporting, have on-call staff as needed, and provide a positive approach to
visitors, residents, and businesses. Furthermore, Patrol Solutions, LLC has committed to
working in tandem with the Santa Ana Police Department as well as City Hall staff to
adapt to the needs of DTSA and Civic Center area.
Patrol Solutions, LLC has been in business since 2010 and has provided similar services
to the following municipalities: Arts District in Los Angeles Business Improvement District
(BID), Chinatown BID in Los Angeles, City of Inglewood, and City of Glendale. Their
expertise and familiarity with areas similar to DTSA serve as a good fit for the City’
downtown business district. Moreover, they offer excellent customer service, quick
Agreement with Patrol Solutions, LLC for Security Guard Services for Downtown Santa
Ana and Civic Center area
November 16, 2021
Page 3
2
2
2
2
response time, accommodate the needs of the client, and provide emergency response
training at no additional cost to the stakeholders.
Below is the proposed schedule for security guard services throughout the entire DTSA
footprint, including patrol checks in the parking structures in tandem with existing security
guards:
DTSA Security Guard Weekly Schedule
Day(s) of the Week Time Daily Hours
Monday 9:00am - 10:00pm 13
Tuesday 9:00am - 10:00pm 13
Wednesday 9:00am - 10:00pm 13
Thursday 9:00am - 12:00am 15
Friday 9:00am - 12:00am 15
Saturday 10:00am - 12:00am 14
Sunday 10:00am - 10:00pm 12
Total Weekly Hours 95
Note: posts and hours are subject to change by City of Santa Ana.
Patrol Solutions, LLC will provide one security guard during non-peak times in accordance
with the schedule provided above and will augment to two security guards during peak-
times or as needed/requested by the City. Security guards will be equipped with a smart-
phone with video/photo capability, real-time reporting, and transportation such as a
bicycle, cart, or automobile and direct communication with Santa Ana Police Department.
Security guard contact information will be shared with DTSA stakeholders, businesses,
and residents and may be called upon as needed. Security guards will be required to
wear a professional uniform and maintain a professional demeanor.
In addition to the schedule above, Patrol Solutions, LLC will be providing guard services
for the Santa Ana Winter Village in the Civic Center area, per the request of Public Works
Agency. The services will only span from December 2021 through January 2022 with
hours ranging between 10 a.m. to 12 a.m. (midnight). The Public Works Agency has
allocated dedicated funds to cover the cost of the security services for the Civic Center
area as noted in the Fiscal Impact below.
Based on the overall quality and thoroughness of the proposal, staff recommends the
selection of Patrol Solutions, LLC to provide unarmed security guard services in DTSA.
Agreement with Patrol Solutions, LLC for Security Guard Services for Downtown Santa
Ana and Civic Center area
November 16, 2021
Page 4
2
2
2
2
ARPA Eligibility Analysis
Funding for the security guard services will aid in the recovery to the DTSA (project area).
Specifically, the Project Area’s small businesses have incurred a negative economic
impact via the loss of millions of dollars, the closure of several businesses, and reduction
in services and programs. Furthermore, during the normal course of their duties, guards
will provide a safe environment, which will enhance economic opportunities for residents,
businesses, visitors, and local entrepreneurs.
FISCAL IMPACT
Funds are available in following accounts for estimated expenditure as follows:
Fiscal Year Accounting Unit-
Account #
Fund
Description
Accounting Unit,
Account Description Amount
FY 21-22
(Dec.-Jan.)18113013-62300
American
Rescue Plan
Act (ARPA)
ARPA-Parks,
Contract Services-
Professional
$ 95,000
FY 21-22
(Nov.-June)18118013-62300
American
Rescue Plan
Act (ARPA)
ARPA-CDA,
Contract Services-
Professional
$ 90,990
FY 22-23
(July-June)18118013-62300
American
Rescue Plan
Act (ARPA)
ARPA-CDA,
Contract Services-
Professional
$148,320
FY 23-24
(July-June)18118013-62300
American
Rescue Plan
Act (ARPA)
ARPA-CDA,
Contract Services-
Professional
$152,770
FY 24-25
(July-Nov.)18118013-62300
American
Rescue Plan
Act (ARPA)
ARPA-CDA,
Contract Services-
Professional
$ 57,920
Total $545,000
All remaining balances at the end of each fiscal year will be carried forward to the
subsequent fiscal year.
Fiscal Impact Verified By: Kathryn Downs, CPA, Executive Director – Finance and
Management Services Agency
EXHIBIT(S)
1. Agreement with Patrol Solutions, LLC
Submitted By: Steven Mendoza, Assistant City Manager
Approved By: Kristine Ridge, City Manager
1
AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
PATROL SOLUTIONS, LLC FOR USE OF
AMERICAN RESCUE PLAN ACT (ARPA) FUNDS
This Agreement is hereby made and entered into this 16th 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
California limited liability company (“SUBRECIPIENT” or “CONTRACTOR”).
RECITALS:
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 Coronavirus 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 carried 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:
EXHIBIT 1
2
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 SLFRF 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
SLFRF Funds”) during the Term of the Agreement. SUBRECIPIENT agrees to use said ARPA
SLFRF Funds to administer said program as outlined in the Budget attached hereto as Exhibit C.
D. Disbursement of Funds. Said ARPA SLFRF 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
SLFRF 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 SLFRF Funds to SUBRECIPIENT, or to completely terminate this
Agreement, in the CITY’s sole discretion, if there is a reduction in ARPA SLFRF 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 funds 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
EXHIBIT 1
3
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 SLFRF 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
SLFRF Funds to respond to, mitigate, and recover from the COVID-19 public health emergency, and
will not use these funds 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 SUBRECIPIENT’s failure to perform.
(6) SUBRECIPIENT 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.
EXHIBIT 1
4
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. In 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
EXHIBIT 1
5
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) SUBRECIPIENT 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.
EXHIBIT 1
6
(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. SUBRECIPIENT 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 1 of the year following the
program year in which this Agreement is executed.
EXHIBIT 1
7
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 SLFRF 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.
I. 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
SLFRF 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 SLFRF Funds granted hereunder, SUBRECIPIENT 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
SLFRF Funds under this Agreement.
EXHIBIT 1
8
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 CITY, 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.
EXHIBIT 1
9
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 m embers” 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
EXHIBIT 1
10
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
EXHIBIT 1
11
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 fully
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 570.200(j):
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 under 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 SUBRECIPIENT. For the purposes of this
EXHIBIT 1
12
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.
EXHIBIT 1
13
a. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad
as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00
01 covering CGL on an “occurrence” basis, including products and completed
operations, property damage, bodily injury and personal & advertising injury
with limits no less than $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:
1. Additional Insured Status: The City, its officers, officials, employees, and
volunteers are to be covered as additional insureds on the CG L 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 11 85 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
01 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
EXHIBIT 1
14
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
A:VII, 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
EXHIBIT 1
15
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
EXHIBIT 1
16
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 SLFRF 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 SLFRF 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.
EXHIBIT 1
17
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 following page}
EXHIBIT 1
18
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year
first written above.
ATTEST: CITY OF SANTA ANA
________________________ ________________________
DAISY GOMEZ KRISTINE RIDGE
Clerk of the Council City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
____________________________
By: RYAN O. HODGE
Assistant City Attorney
RECOMMENDED FOR APPROVAL: SUBRECIPIENT:
______________________________ ______________________________
STEVEN MENDOZA Name:
Executive Director Title:
Community Development Agency DUNS #:
Carl S. Cunningham
General Manager
81-4243449
EXHIBIT 1
19
EXHIBIT A
REQUEST FOR PROPOSALS
EXHIBIT 1
Exhibit A
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:
The schedule below is tentative and subject to change at the discretion of City, with appropriate
notice to prospective Proposers.
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 (by invitation only)
Selection of Bidder: On or about September 30, 2021
EXHIBIT 1
CITY OF SANTA ANA
RFP No. 21-099 Downtown Unarmed Security Guard Services Page 2 of 39
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 – STATEMENT OF QUALIFICATIONS (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
EXHIBIT 1 .............................................................................................................................................................. 21
ATTACHMENT A .................................................................................................................................................... 21
ATTACHMENT B .................................................................................................................................................... 21
ATTACHMENT C .................................................................................................................................................... 21
ATTACHMENT D .................................................................................................................................................... 21
ATTACHMENT E .................................................................................................................................................... 21
ATTACHMENT F .................................................................................................................................................... 21
ATTACHMENT G .................................................................................................................................................... 21
EXHIBIT 1
CITY OF SANTA ANA
RFP No. 21-099 Downtown Unarmed Security Guard Services Page 3 of 39
I. 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 10 miles inland from the Pacific Ocean, 33 miles southeast of
Los Angeles and 90 miles north of San Diego. The City, which is the county seat of Orange
County, encompasses an area of approximately 27 square miles and is the 11th largest by
population in California.
II. OVERVIEW OF PROJECT
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).
EXHIBIT 1
CITY OF SANTA ANA
RFP No. 21-099 Downtown Unarmed Security Guard Services Page 4 of 39
III. 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.
EXHIBIT 1
CITY OF SANTA ANA
RFP No. 21-099 Downtown Unarmed Security Guard Services Page 5 of 39
Security Guard Weekly Schedule
Day(s) of the Week Time Daily Hours
Mon-Wed 9:00am-10:00pm 13 x 3 days = 39
Thursday 9:00am-12:00am 15
Friday 9:00am-12:00am 15
Saturday 10:00am-12:00am 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.
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
EXHIBIT 1
CITY OF SANTA ANA
RFP No. 21-099 Downtown Unarmed Security Guard Services Page 6 of 39
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
EXHIBIT 1
CITY OF SANTA ANA
RFP No. 21-099 Downtown Unarmed Security Guard Services Page 7 of 39
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.
EXHIBIT 1
CITY OF SANTA ANA
RFP No. 21-099 Downtown Unarmed Security Guard Services Page 8 of 39
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 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
7 November 11 Veteran’s Day
8 Fourth Thursday in November Thanksgiving Day
9 Friday after Thanksgiving
10 December 25 Christmas Day
EXHIBIT 1
CITY OF SANTA ANA
RFP No. 21-099 Downtown Unarmed Security Guard Services Page 9 of 39
IV. 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.
V. 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
VI. 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 e-bid confirmation number with a time stamp from PlanetBids indicating that their
proposal was submitted successfully. The City will only receive and consider those proposals
that were transmitted successfully. Submit proposal online at:
http://www.planetbids.com/portal/portal.cfm?CompanyID=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?CompanyID=20137. Proposers shall be
EXHIBIT 1
CITY OF SANTA ANA
RFP No. 21-099 Downtown Unarmed Security Guard Services Page 10 of 39
responsible for monitoring the site to obtain information regarding this solicitation. Failure to
respond to required updates may result in a determination of a nonresponsive proposal.
B. COMMUNICATION / CONTACT WITH CITY STAFF
Unless otherwise authorized herein, Proposers who are considering submitting a proposal in
response to this RFP, or who submit a proposal in response to this RFP, are only to
communicate with the assigned Project Coordinator(s), and no other City staff about this RFP
from the date this RFP is issued until a contract is awarded. The City will provide all official
communication concerning this RFP in writing via the City’s Bid Management System,
PlanetBids.
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?CompanyID=20137.
Proposers shall be responsible for monitoring the site to obtain information regarding this
solicitation.
E. 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@santa-ana.org
EXHIBIT 1
CITY OF SANTA ANA
RFP No. 21-099 Downtown Unarmed Security Guard Services Page 11 of 39
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 ½ 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
EXHIBIT 1
CITY OF SANTA ANA
RFP No. 21-099 Downtown Unarmed Security Guard Services Page 12 of 39
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 Proposal for this RFP, see
Attachment G and download the electronic version from PlanetBids.
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
EXHIBIT 1
CITY OF SANTA ANA
RFP No. 21-099 Downtown Unarmed Security Guard Services Page 13 of 39
supplies and materials related to providing services as specified herein. Additional
costs will not be considered and will not be reimbursed by the City.
VIII. 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.
EXHIBIT 1
CITY OF SANTA ANA
RFP No. 21-099 Downtown Unarmed Security Guard Services Page 14 of 39
XI. EXCEPTIONS
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.
XII. SELECTION PROCEDURES & 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:
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.
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
- Thorough understanding of the required services
25
Experience of Firm and Personnel
- Familiarity with Santa Ana’s businesses, residents, and community
- Ability to provide real-time incident reports
- Proactive and innovative approach/strategy/work plan
- Oral Interview
25
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
EXHIBIT 1
CITY OF SANTA ANA
RFP No. 21-099 Downtown Unarmed Security Guard Services Page 15 of 39
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.
XIII. 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 et seq., and its implementing
regulations, including Subtitle A, Title II of the ADA. Contractor will not discriminate against
persons with disabilities nor against persons due to their relationship to or association with a
person with a disability. Any contract entered into by the awarded Contractor (or any
subcontract thereof), relating to this RFP, shall be subject to the provisions of this paragraph.
B. CITY BUSINESS LICENSE
The selected proposer 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.
EXHIBIT 1
CITY OF SANTA ANA
RFP No. 21-099 Downtown Unarmed Security Guard Services Page 16 of 39
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.
EXHIBIT 1
CITY OF SANTA ANA
RFP No. 21-099 Downtown Unarmed Security Guard Services Page 17 of 39
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.
I. EXAMINATION
Proposer represents that it has thoroughly examined and become familiar with the services
and responsibilities required this RFP and that it is capable of effectively and efficiently
performing quality work to achieve the City’s objectives. Any attachments referenced herein
or any interpretations, clarifications or amendments subsequently posted in relation to this
RFP are fully incorporated.
Any irregularities or lack of clarity in the RFP should be brought to the designated City
Contact/Project Manager’s attention as soon as possible so that corrective addenda may be
furnished to prospective Proposers.
Proposals which appear unrealistic in the terms of technical commitments, lack of technical
competence, or are indicative of failure to comprehend the complexity and risk of this
contract, may be rejected.
J. 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
EXHIBIT 1
CITY OF SANTA ANA
RFP No. 21-099 Downtown Unarmed Security Guard Services Page 18 of 39
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 lperiod 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.
EXHIBIT 1
CITY OF SANTA ANA
RFP No. 21-099 Downtown Unarmed Security Guard Services Page 19 of 39
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.
EXHIBIT 1
CITY OF SANTA ANA
RFP No. 21-099 Downtown Unarmed Security Guard Services Page 20 of 39
XVI. 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.
XVII. 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.
EXHIBIT 1
CITY OF SANTA ANA
RFP No. 21-099 Downtown Unarmed Security Guard Services Page 21 of 39
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:
1. SCOPE OF SERVICES
Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor,
materials, tools, equipment, and incidental customary work required to fully and adequately complete the services
described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates
and charges identified in Compensation - Exhibit B. The total amount to be expended during the
term of this Agreement shall not exceed $xxxxxx.
b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing
work performed, subject to City accounting procedures. 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
EXHIBIT 1
SAMPLE AGREEMENT
EXHIBIT 1
CITY OF SANTA ANA
RFP No. 21-099 Downtown Unarmed Security Guard Services Page 22 of 39
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.
EXHIBIT 1
CITY OF SANTA ANA
RFP No. 21-099 Downtown Unarmed Security Guard Services Page 23 of 39
v. Consultant shall supply City with a fully executed additional insured endorsement.
f. 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.
7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents,
employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just
compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and
claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors,
agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this
Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable
relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless
agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or
alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or
effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs
for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any
action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just
compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms
of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation
in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code
Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims
that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against
any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright
infringement, including costs, contained in the work product or documents provided by Consultant to the City
pursuant to this Agreement.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this
Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this
Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three
(3) years, or for any longer period required by law, from the date of final payment to Consultant under this
Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of
the City to examine, audit, and make transcripts or copies of 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
EXHIBIT 1
CITY OF SANTA ANA
RFP No. 21-099 Downtown Unarmed Security Guard Services Page 24 of 39
sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful
possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of
law; or (e) is independently developed by the Consultant without reference to information disclosed by the City.
11. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which
would conflict in any manner with performance of services specified under this Agreement.
12. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual
orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and
veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the
recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities
or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall
comply with all applicable federal, state and local laws and regulations.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor, and
supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between
the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement
may not be modified except by written instrument signed by the City and by an authorized representative of
Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are
inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City.
Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally
or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.
14. ASSIGNMENT
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,
EXHIBIT 1
CITY OF SANTA ANA
RFP No. 21-099 Downtown Unarmed Security Guard Services Page 25 of 39
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:
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
First & Last Name
Title
Consultant Firm Name
Address
City, State, Zip
Fax:
EXHIBIT 1
CITY OF SANTA ANA
RFP No. 21-099 Downtown Unarmed Security Guard Services Page 26 of 39
transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time
frames, weekends, federal, state, County or City holidays shall be excluded.
20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority
and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify
City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the
event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. 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: CITY OF SANTA ANA
Daisy Gomez Kristine Ridge
Clerk of the Council City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO CONSULTANT:
City Attorney
By:
Assistant City Attorney
Tax ID#
RECOMMENDED FOR APPROVAL:
Steven Mendoza
Executive Director
Community Development Agency
(name)
(title)
Carl S. Cunningham
General Manager
EXHIBIT 1
CITY OF SANTA ANA
RFP No. 21-099 Downtown Unarmed Security Guard Services Page 27 of 39
Certification - I certify that I have read, understand and agree to the terms and conditions of this
Request for Proposals. I have examined the Scope of Services (Exhibit 1) and am qualified to provide
services being requested as specified herein. I understand and agree that I am responsible for
reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of
my proposal.
PROPOSER’S STATEMENT: I have read, understood and agree to the terms and conditions on all
pages of the Request for 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
__________________________________________________________________________________
BUSINESS ADDRESS
__________________________________________________________________________________
PRINTED NAME OF AUTHORIZED AGENT TITLE
__________________________________________________________________________________
SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS
__________________________________________________________________________________
FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER
(IFAPPLICABLE)
ATTACHMENT A
PROPOSER’S CERTIFICATION, PROPOSAL ITEM PRICING
EXHIBIT 1
CITY OF SANTA ANA
RFP No. 21-099 Downtown Unarmed Security Guard Services Page 28 of 39
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
List and describe fully the contracts performed by your firm which demonstrate your ability to provide the
supplies, equipment or services included in the scope of the proposal specifications. Attach additional
pages if required. The City reserves the right to contact each of the references listed for additional
information regarding your firm's qualifications.
REFERENCE
Customer Name:_________________________Contact Individual: ____________________________
Address: ________________________________Phone Number:
_______________________________ EMAIL: ____________________________________
Contract Amount: ________________________Year: ______________________________________
Description of supplies, equipment, or services provided:
__________________________________________________________________________________
REFERENCE
Customer Name:_________________________Contact Individual: ____________________________
Address: ________________________________Phone Number:
_______________________________ EMAIL: ____________________________________
Contract Amount: ________________________Year: ______________________________________
Description of supplies, equipment, or services provided:
__________________________________________________________________________________
REFERENCE
Customer Name:_________________________Contact Individual: ____________________________
Address: ________________________________Phone Number:
_______________________________ EMAIL: ____________________________________
Contract Amount: ________________________Year: ______________________________________
Description of supplies, equipment, or services provided:
__________________________________________________________________________________
ATTACHMENT B
REFERENCES
EXHIBIT 1
CITY OF SANTA ANA
RFP No. 21-099 Downtown Unarmed Security Guard Services Page 29 of 39
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
Proposer understands and agrees that this written RFP (or any part thereof specifically designated and
accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer
and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with
her signature and official seal noting hereon the action of approval of the Council, signed by the Executive
Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of
this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or
deposited with the United States Postal Service properly addressed to the proposer with the correct postage
affixed thereto.
Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish
City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays,
Sundays and City’s legal holidays), or the funds, check, draft, or proposer’s bond substituted in lieu thereof
accompanying this proposal shall become the property of the City and shall be considered as payment of
damages due to the delay and other causes suffered by City because of the failure to furnish the necessary
bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to
ascertain; otherwise said funds, check drafts, or proposer’s bond substituted in lieu thereof shall be returned
to the undersigned.
Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth
in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under
the contract will be based upon the actual quantities of work satisfactorily completed.
All terms contained in the specifications, the certification of nondiscrimination by contractors, and the
required insurance certificates are to be incorporated by reference into this agreement and are made
specifically as part of this RFP.
Firm________________________________________________________________________________
Signed and Printed Name: ______________________________________________________________
Title ________________________________________________________________________________
Date
ATTACHMENT C
PROPOSER’S STATEMENT
EXHIBIT 1
CITY OF SANTA ANA
RFP No. 21-099 Downtown Unarmed Security Guard Services Page 30 of 39
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
(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.
Signed____________________________________________________________________________
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
ATTACHMENT D
NON-COLLUSION AFFIDAVIT
EXHIBIT 1
CITY OF SANTA ANA
RFP No. 21-099 Downtown Unarmed Security Guard Services Page 31 of 39
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
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:
ATTACHMENT E
NON-LOBBYING CERTIFICATION
EXHIBIT 1
CITY OF SANTA ANA
RFP No. 21-099 Downtown Unarmed Security Guard Services Page 32 of 39
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
The undersigned consultant or corporate officer, during the performance of this contract, certifies as
follows:
1. 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.
ATTACHMENT F
NON-DISCRIMINATION CERTIFICATION
EXHIBIT 1
CITY OF SANTA ANA
RFP No. 21-099 Downtown Unarmed Security Guard Services Page 33 of 39
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:
EXHIBIT 1
CITY OF SANTA ANA
RFP No. 21-099 Downtown Unarmed Security Guard Services Page 34 of 39
Expense Category Rate/Amount Monthly Total Notes
Security Guard Hourly Rate
$
-
$
-
Holiday Overtime Rate (only for
approved holidays)
$
-
$
-
Communication (cell phone)
$
-
$
-
Transportation: cart, golf cart,
bicycle
$
-
$
-
Reporting Cost
$
-
$
-
Other expense
$
-
$
-
Other expense
$
-
$
-
Discounts (duration of
discount)
$
-
$
-
Total $ -
$
-
Day(s) of the Week Time Daily Hours
Mon-Wed 9:00am-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.
ATTACHMENT G
Cost Proposal/Budget Proposal Template
EXHIBIT 1
20
EXHIBIT B
SCOPE OF WORK
EXHIBIT 1
1
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) of the Week Time Daily Hours
Mon-Wed 9:00am-10:00pm 13 x 3 days = 39
Thursday 9:00am-12:00am 15
Friday 9:00am-12:00am 15
Saturday 10:00am-12:00am 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.
EXHIBIT 1
2
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.
EXHIBIT 1
3
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.
EXHIBIT 1
4
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: 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.
EXHIBIT 1
5
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.
EXHIBIT 1
6
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 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
EXHIBIT 1
7
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
EXHIBIT 1
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
carlcunningham@patrolsolutions.com
EXHIBIT 1
Wednesday, September 8, 2021 Patrol Solutions
PROPOSAL Page 2
TABLE OF CONTENTS
TABLE OF 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 ........................................................................................................ 14
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
EXHIBIT 1
Wednesday, September 8, 2021 Patrol Solutions
PROPOSAL Page 3
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. Klinton
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,
Carl Cunningham
Carl Cunningham, General Manager
415-760-8116 | carlcunningham@patrolsolutions.com
EXHIBIT 1
Wednesday, September 8, 2021 Patrol Solutions
PROPOSAL Page 4
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 RFP. 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
EXHIBIT 1
Wednesday, September 8, 2021 Patrol Solutions
PROPOSAL Page 5
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 yuor 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,
EXHIBIT 1
Wednesday, September 8, 2021 Patrol Solutions
PROPOSAL Page 6
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 1
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.
EXHIBIT 1
Wednesday, September 8, 2021 Patrol Solutions
PROPOSAL Page 7
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 modern 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
o 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, with customer service through active patrolling,
and incident reporting.
• City of Glendale
o $600,000 per year
o 04/2012 to 06/2019
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
EXHIBIT 1
Wednesday, September 8, 2021 Patrol Solutions
PROPOSAL Page 8
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 | Santa Fe Springs, CA 90670. The company headquarters is located at 6060 Sunrise Vista
Dr. Suite 1500 | 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.
EXHIBIT 1
Wednesday, September 8, 2021 Patrol Solutions
PROPOSAL Page 9
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.
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.
Klinton Kehoe
CEO & Founder
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
EXHIBIT 1
Wednesday, September 8, 2021 Patrol Solutions
PROPOSAL Page 10
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.
Carl Cunningham
General Manager
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)
EXHIBIT 1
Wednesday, September 8, 2021 Patrol Solutions
PROPOSAL Page 11
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.
Felix Guerrero
Director of Operations
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
EXHIBIT 1
Wednesday, September 8, 2021 Patrol Solutions
PROPOSAL Page 12
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.
Jennifer Pinelo
HR Specialist
Expertise
Talent Acquisition,
Security Recruitment,
Staffing and Hiring
Processes, Customer
Service, Administration
Education
Santa Monica College
El Camino College
EXHIBIT 1
Wednesday, September 8, 2021 Patrol Solutions
PROPOSAL Page 13
7. Similar Experience
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.
EXHIBIT 1
Wednesday, September 8, 2021 Patrol Solutions
PROPOSAL Page 14
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 Assigned Date Due Responsibility
Award letter issued to PS > 3 weeks prior to startup 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
EXHIBIT 1
Wednesday, September 8, 2021 Patrol Solutions
PROPOSAL Page 15
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 > 1 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
startup
Proj. Mgr..
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
startup
Proj. Mgr..
EXHIBIT 1
Wednesday, September 8, 2021 Patrol Solutions
PROPOSAL Page 16
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 (NFC), 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
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 worn, with shirts tucked in. Hair
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 gum
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.
EXHIBIT 1
Wednesday, September 8, 2021 Patrol Solutions
PROPOSAL Page 17
G. COST/BUDGET PROPOSAL
EXHIBIT 1
Wednesday, September 8, 2021 Patrol Solutions
PROPOSAL Page 18
H. REQUIRED FORMS AND CERTIFICATIONS
EXHIBIT 1
Wednesday, September 8, 2021 Patrol Solutions
PROPOSAL Page 19
EXHIBIT 1
Wednesday, September 8, 2021 Patrol Solutions
PROPOSAL Page 20
EXHIBIT 1
Wednesday, September 8, 2021 Patrol Solutions
PROPOSAL Page 21
EXHIBIT 1
Wednesday, September 8, 2021 Patrol Solutions
PROPOSAL Page 22
EXHIBIT 1
Wednesday, September 8, 2021 Patrol Solutions
PROPOSAL Page 23
EXHIBIT 1
Wednesday, September 8, 2021 Patrol Solutions
PROPOSAL Page 24
EXHIBIT 1
Wednesday, September 8, 2021 Patrol Solutions
PROPOSAL Page 25
EXHIBIT 1
Wednesday, September 8, 2021 Patrol Solutions
PROPOSAL Page 26
EXHIBIT 1
8
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
EXHIBIT 1
9
Service Area for Civic Center Area/Winter Village
EXHIBIT 1
21
EXHIBIT C
BUDGET
EXHIBIT 1
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 $545,000.
Expense Category Rate/Amount Monthly Total Notes
Security Guard Hourly Rate 24.97$ 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 Bicyle 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$
1st Year Annual Total
YEAR 1 Sub-Total $145,579.59
Year 2
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 $149,946.98
Year 3
1 Security Officer Per Shift - All inclusive budget rates** with 95 weekly hours
Hourly Rate 31.26$
Monthly Rate 12,870.45$
Sub-Total Year Three $154,473.43
Three Year Total $450,000
Day(s) of the Week Time Daily Hours
Mon-Wed 9:00am-10:00pm 39
Thursday 9:00am-12:00pm 15
Friday 9:00am-12:00am 15
Saturday 10:00am-12:00am 14
Sunday 10:00am-10:00pm 12
Total Weekly Hours 95
Note: Security Guard Schedule subject to change with 24 hour notice to selected company.
** Equipment
1 small pick up truck
1 street legal golf cart
1 bicycle
Officer Uniforms
Up to 2 site phones
Guard Tour System
The following budget information is for reference only. Year 2 and Year 3 will only be allowed with extension/renewal of the
agreement by the City Manager and City Attorney as noted in the agreement and will include a maximum increase of 3% each
year.
EXHIBIT 1
EXHIBIT C
Budgets for Patrol Solutions, LLC
Page 2 of 2
Expense Category Rate/Amount Total Hours Cost
Security Guard Hourly Rate 26.47$ See below.-$
Holiday Overtime Rate (only for approved holid 0.58$ -$
Communication (up to 2 cell phones)0.11$ -$
Transportation: Small pickup truck -$ -$
Street Legal Cart -$ -$
Patrol Bicyle -$ -$
Reporting Cost 0.02$ -$
27.18$ -$
-$
Hourly Bill Rate
Total 27.18$ 3,208.00 87,193.44$
Holiday Overtime Rate (only for approved h 40.77$ 196.00 2,663.64$
Contingency 5,142.92
95,000.00$
DATE Service days Hours per shift Officers per
shift
Holiday Premium
Christmas Day and
New Years Day ($13.59
above regular rate)
Total hours Event Total
Estimate
Holiday
Hours
Two 24-hour guards.47 24 2 1,304.64$ 2256 96
Monday – Thursday from 2:00 – 10:00 pm
2 guards and 2 24-hour guards 6 8 2 96
Friday – Sunday from 10:00 am – Midnight
3 guards and 2 24-hour guards 4 14 3 168
10:00 am – Midnight – 3 guards and 2 24-hour
guards 16 14 3 1,141.56$ 672
10:00 am – 6:00 pm – 2 guards and 2 24-hour
guards 1 8 2 217.44$ 16 196
196 3208
Contingency $5,142.92
2,663.64$ 92,336.36$ 95,000.00$
HOURS OF SERVICE
City of Santa Ana Holiday Winter Village
November 29 – January 14
December 8 – December 17
December 18 – January 2
Christmas Eve
EXHIBIT 1
22
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.
II. 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 SLFRF Funds.
C. Actions, directives, and policy and procedures issued by the CITY.
D. CITY policies, as applicable.
III. CONTRACTOR/SUBRECIPIENT DETERMINATION:
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.
EXHIBIT 1
23
IV. FEDERAL AWARD IDENTIFICATION
FAIN INFORMATION
A. CONTRACTOR Name:
B. CONTRACTOR’S Unique
Identifier (D-U-N-S):
C.
Federal Award
Identification Number
(FAIN):
D. Federal Award Date:
E. Subaward Period of
Performance:
F.
Total Amount of Federal
Funds Obligated by the
Action:
$
G.
Total Amount of Federal
Funds Obligated to the
CONTRACTOR:
$
H. Total Amount of the
Federal Award: $
I. Federal Award Project
Description:
ARPA
J. Federal Awarding Agency: U.S. Department of the Treasury
K. Name of PTE:
L. Contact Information for the
Awarding Official: Kristine Ridge, City Manager
Phone Number: (714) 647-5200
E-mail Address: kridge@santa-ana.org
M. CFDA Number:
CFDA Name: ARPA
N. Whether Award is R&D:
O. Indirect Cost Rate for the
Federal Award:
Patrol Solutions, LLC
04-896-6056
545,000
545,000
EXHIBIT 1
24
EXHIBIT E
DEBARMENT
_____________________________________________________________________________
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 98.5l0, Participants' responsibilities. The regulations were
published as Part VII of the May 26, l988 Federal Register (pages l9l60-l92ll).
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION -
Attached)
(l) 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.
_______________________________________________________________________________
Name and Title of Authorized Representative
_______________________________________________________________________________
Signature Date
EXHIBIT 1
25
INSTRUCTIONS FOR CERTIFICATION
1. 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.
7. 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 Programs.
8. 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.
EXHIBIT 1
26
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.
EXHIBIT 1
27
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.
Grantee/Contactor Organization Program Title
Name of Certifying Officer Signature Date
EXHIBIT 1
28
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.
EXHIBIT 1
29
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;
EXHIBIT 1
30
(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.
Organization
Authorized Signature Date
EXHIBIT 1
31
PLACE OF PERFORMANCE
FOR CERTIFICATION REGARDING DRUG-FREE
WORKPLACE REQUIREMENTS
Name:
Date:
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):
EXHIBIT 1