HomeMy WebLinkAboutItem 05 - Approve Agreement for Urban Areas Security Initiative Program Training ServicesPolice Department
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Item # 5
o`7, City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 18, 2024
TOPIC: Urban Areas Security Initiative Program Training Services
AGENDA TITLE
Approve Agreement with Elite Command Training for Training Services in the Amount of
$279,890 for the Urban Areas Security Initiative Grant Program (Non -General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute an agreement, with Elite Command Training to
provide on -going training deliverables to the Anaheim/Santa Ana Urban Area on an as -
needed basis, for the three-year period of June 18, 2024 through June 17, 2027, with
two one-year renewal options, in an amount not to exceed $279,890 (Agreement No.
2024-XXX).
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
The United States Department of Homeland Security has developed the Urban Areas
Security Initiative (UASI) grant funding program. UASI is designed to address the
unique planning, equipment, training, and exercise needs of high -threat, high -density
urban areas and provides funds to local emergency first responders that assist in
building an enhanced and sustainable capacity to prevent, protect, respond to, mitigate,
and recover from acts of terrorism. The grant specifically provides funding for anti-
terrorism equipment, planning, training, exercises, and technical assistance. Santa Ana
has been designated as an Urban Area Core City since 2003. As such, for selected
grant years, Santa Ana is the fiduciary for the region and manages projects, which
includes providing training and procuring equipment utilized by the 34 jurisdictions in
Orange County.
In an effort to address the unique needs of a high -density, high -threat urban area, the
Anaheim/Santa Ana Urban Area (ASAUA) allocates a set percentage of its annual grant
allocation to fund training for the Orange County region.
With program management from the Santa Ana Police Department Homeland Security
Urban Areas Security Initiative Program Training Services
June 18, 2024
Page 2
Division, the ASAUA Homeland Security Regional Training Program is designed to
provide the ASAUA multi -disciplinary stakeholders with regional training necessary to
meet the goals and objectives set forth in the ASAUA' s homeland security strategy and
target capabilities identified in the Threat and Hazard Identification and Risk
Assessment (THIRA). The goal of these agreements is to enhance the capabilities of
the current program by providing access to a wide range of multi -disciplinary training in
support of a comprehensive and regional approach.
In July of 2023, the Police Department issued a Request for Proposal (RFP #23-113A)
to identify and qualify suitable vendors capable of delivering a broad choice of
homeland security related training courses taught by subject matter experts and/or
recognized professionals in the field of law enforcement, fire, public health, and
emergency management. Additionally, the RFP sought to identify and qualify suitable
vendors who are capable of developing and delivering a broad range of homeland
security related trainings.
A summary of the proposals and offers received is as follows:
466 Vendors were notified
9 Santa Ana vendors notified
24 Vendors downloaded the RFP
6 Proposals received
0 Proposals received from a Santa Ana vendor
Proposals were opened on August 23, 2023 and evaluated. An evaluation team
reviewed and rated all proposals received to determine if necessary qualifications were
met. The proposals were evaluated and scored according to criteria identified within the
RFP, including Responsiveness to RFP (15%), Experience of Firm and Personnel
(50%), Reasonableness of Cost (25%), and References (10%).
Of the six (6) proposals received, all six (6) were determined to be responsive and were
qualified based on their response to the specifications and requirements identified by
the City. All qualified vendors will have similar agreements with varying scopes of work,
and the Santa Ana Police Department's Homeland Security Division will request training
courses from the selected vendors on an as -needed basis.
As the selected vendor for this new agreement, Elite Command Training will support the
Homeland Security Training Program to enhance capabilities across multiple disciplines
and jurisdictions. Elite Command Training will provide delivery of the 0-305: USFA
Type- 3 Incident Management Team courses, at $27,989 per class, for a total not to
exceed amount of $279,890 over the course of grant years FY 2022 and FY 2023. If the
agreement is extended by using one or both of the one-year options, then FY 2024 and
FY 2025 grant funds will be included under the same "not to exceed" amount.
Urban Areas Security Initiative Program Training Services
June 18, 2024
Page 3
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds for this agreement are budgeted and will be available upon City Council approval
of the UASI Grant carryovers to FY 2024-25 for expenditure as follows:
Fiscal
Accounting Unit
Fund
Accounting Unit —
Amount
Year
— Account No.
Description
Account No. Description
FY 24-25
12514491-62300
OES UASI
UASI Anaheim, Contract
$ 83,967
Services -Professional
FY 25-26
125144XX-62300
OES UASI
UASI, Contract Services-
83,967
Professional
FY 26-27
125144XX-62300
OES UASI
UASI, Contract Services-
$111,956
Professional
Total
$279,890
The amounts above are projections only and are subject to change. The actual expenditures will be
based on the Anaheim/Santa Ana UASI project approvals for grant FY 2022 through FY 2025.
EXHIBIT(S)
1. Agreement with Elite Command Training
Submitted By: Robert Rodriguez, Acting Police Chief
Approved By: Alvaro Nunez, Acting City Manager
Exhibit 1
AGREEMENT WITH ELITE COMMAND TRAINING
TO PROVIDE TRAINING COURSES AND EXERCISES FOR THE URBAN AREA
SECURITY INITIATIVE GRANT PROGRAM ON AN AS -NEEDED BASIS
THIS AGREEMENT is made and entered into on this 18th day of June, 2024 by and between
Elite Command Training, ("Contractor"), and the City of Santa Ana, a charter city and municipal
corporation organized and existing under the Constitution and laws of the State of California ("City").
RECITALS
a. On August 10, 2020, the Santa Ana Police Department ("SAPD") issued Request for
Qualifications No. 20-062 ("RFQ") by which it sought to identify and qualify suitable
vendors capable of delivering a broad choice of homeland security -related training courses
and exercises conducted by professionals in the fields of law, fire, public health, emergency
management and cybersecurity.
b. The training courses are in support of the Anaheim/Santa Ana Urban Area ("ASAUA")
Homeland Security Regional Training and Exercise Program and are funded by a grant
awarded to the City by the Homeland Security's Urban Areas Security Initiative, ("UASI")
administered by SAPD. The ASAUA consists of the incorporated cities in Orange County
and the police departments of the University of California, Irvine, California State
University, Fullerton, and community colleges in the County of Orange.
c. Through SAPD, the training and exercise programs are made available to agencies in the
ASAUA on an as -needed basis to enhance domestic preparedness for acts of terrorism.
d. Since the City has a need for additional vendors, on July 13, 2023, the City issued Request
for Proposals No. 23-113A ("RFP") by which it sought proposals from qualified firms and
organizations to provide 0-305 USFA Type-3 Incident Management Team Services
training.
These courses are in support of the Anaheim/Santa Ana Urban Area ("ASAUA")
Homeland Security Regional Training and Exercise Program and will be paid in part or in
full with funding from the United States Department of Homeland Security's Urban Areas
Security Initiative (UASI) grant. Funding from this grant is applied to homeland security
related training, exercises, equipment, and projects in the ASAUA. Such services will be
provided in accordance with agency needs and/or fund availability at the discretion of the
City.
£ Contractor submitted a responsive proposal to the RFP and was among those selected by
the City.
g. In undertaking the performance of this Agreement, Contractor represents that it is
knowledgeable in its field and that any services performed by Contractor under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms
and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
On an as -needed basis, and at the sole discretion of the City, Contractor shall conduct the training
and/or exercise programs described in the Scope of Services provided in the RFPs and attached hereto as
Exhibit A. Contractor's proposals are incorporated by reference as though fully set forth herein. In the
performance of all services, Contractor shall comply and provide the required training/classes as set forth
in Exhibit B, attached hereto.
2. CHANGE ORDERS/AMENDMENTS
a. To maintain flexibility that allows first responders to address emerging and unforeseeable threats,
the ASAUA Homeland Security Regional Training and Exercise Program will utilize a Change
Order provision to request other training and exercise courses at the City's request. Change Orders
will be used to approve training and/or exercises and can modify the existing scope of work for
specialty and other ad -hoc training and exercises on an as needed basis. Change Orders will be
drafted by the UASI Grant Coordinator, reviewed and approved by the Contractor, then forwarded
to the Chief of Police and the City Manager for the City of Santa Ana or their designees for
approval.
b. Any change order that contains any terms contrary to services provided within this Agreement
shall be void, unless City and Contractor have expressly agreed in a writing, requiring approval by
the City Manager and the City Attorney's office. Contractor agrees and understands that
substantive changes to the terms of the Agreement are subject to approval by the City Council.
3. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under
this Agreement. Contractor shall be paid only for actual services performed under this Agreement
at the rates and charges identified in Exhibit C, attached hereto. Any compensation payable to
Contractor shall be paid from a portion of the above -referenced UASI grant awarded to the City.
The cost for 0-305 USFA Type-3 Incident Management Team Service training per class is
$27,989.00. The total amount to be expended during the term of this Agreement shall not exceed
$279,890.00.
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.
4. TERM
This Agreement shall commence on the date first written above through June 17, 2027, with the
option for the City to grant up to two (2), one (1) year renewals, exercisable by a writing by the City
Manager and the City Attorney, unless terminated earlier in accordance with Section 18, below.
5. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an independent
Contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to
create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise
discretion or control over the professional manner in which Contractor performs the services which are
the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided
in a manner consistent with all applicable standards and regulations governing such services. Contractor
shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar
taxes relating to employees and shall be responsible for all applicable withholding taxes.
6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse,
or sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any
tangible medium of expression, including but not limited to, physical drawings or data magnetically or
otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor
under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in
writing that City is granted a non-exclusive and perpetual license for any Documents & Data the
subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the
legal right to license any and all Documents & Data. Contractor makes no such representation and
warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not
be limited in any way in its use of the Documents and Data at any time, provided that any such use not
within the purposes intended by this Agreement shall be at City's sole risk.
7. 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, his agents, representatives,
employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Contractor shall maintain limits of insurance coverage in the following minimum amounts and shall be at
least as broad as:
Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an
"occurrence" basis, including products and completed operations, property damage, bodily injury and
personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate.
Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with
combined single limits of $1,000,000.
Workers' Compensation (W/C): 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, per employee, per policy
for bodily injury or disease. This requirement can be waived if Vendor has no employees.
If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires
and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available
insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to
City.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. CGL and AL policies: City of Santa Ana, its City Council, its officers, officials, employees, agents,
and volunteers are to be covered as additional insureds with respect to liability arising out of work or
operations performed by or on behalf of the Permittee including materials, parts, equipment, and
personnel furnished in connection with such work or operations.
2. All required insurance policies: Insurance company(ies) agrees to waive all rights of subrogation
against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid
under the terms of any policy which arise from work performed by Permittee for City.
3. All required insurance policies: For any claims related to this contract, Permittee's insurance
coverage shall be primary and any insurance maintained by City, its City Council, its officers,
officials, employees, agents, or volunteers shall not contribute with it.
4. All required insurance policies: A severability of interest provision must apply for all the additional
insureds, ensuring that Permittee's insurance shall apply separately to each insured against whom a
claim is made or suit is brought, except with respect to the insurer's limits of liability.
5. Each insurance policy required herein shall provide that coverage shall not be canceled, suspended,
voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except
after thirty (30) days prior written notice has been given to City. Ten (10) days prior written shall be
provided to City for policy cancellation or non -renewal due to non-payment.
6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention:
(Name of Department Staff Responsible for Agreement), 20 Civic Center Plaza M-XX
(Responsible Staffs Department Mail Box), Santa Ana, CA 92701. The name and location of event
should be included in the Description of Operations section of each certificate.
Self -Insured Retentions
Self -insured retentions must be declared to and approved by the City. City may require Contractor to purchase
coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim
administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state of California with a current
A.M. Best rating of no less than ANII, unless otherwise acceptable to City.
Verification of Coverage
Permittee shall furnish City with original Certificates of Insurance including all required amendatory
endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a
copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity
before work begins. However, failure to obtain the required documents prior to the work beginning shall not
waive Permittee'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.
Claims Made Policies
If any of the required policies provide coverage on a claims -made basis:
1. The retroactive date must be shown and must be before the date of the contract or the beginning of work.
2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after
completion 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, Company must purchase "extended reporting" coverage
for a minimum of three (3) years after completion of work.
Subcontractors
Contractor shall require and verify that all sub -contractors maintain insurance meeting all the
requirements stated herein, and Contractor shall ensure that City is an additional insured on
insurance required from sub -contractors.
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.
8. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents,
employees, contractors, special counsel, and representatives from liability: (1) for personal injury,
damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal
injury, including death, and claims for property damage, which may arise from the negligent operations
of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates
to the services described in section 1 of this Agreement; and (2) from any claim that personal injury,
damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or
effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for
damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been
suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising
from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the
defense of the City, including fees and costs for special counsel to be selected by the City, regarding any
action by a third party challenging the validity of this Agreement, or asserting that personal injury,
damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises
by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions
with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent
Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to
the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the Contractor.
9. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees
against any and all liability, including costs, for infringement of any United States' letters patent,
trademark, or copyright infringement, including costs, contained in the work product or documents
provided by Contractor to the City pursuant to this Agreement.
10. CONFORMITY WITH LAW AND SAFETY
In performing any services under this Agreement, Contractor shall observe and comply with all
applicable laws, ordinances, codes, and regulations of governmental agencies, including federal, state,
municipal, and local governing bodies having jurisdiction over the scope of services, including all
provisions of the California Occupational Safety and Health Act. Contractor shall indemnify, defend, and
hold harmless City from any and all liability, fines, penalties, and consequences from any of Contractor's
failures to comply with such laws, ordinances, codes, and regulations.
11. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed under this
Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred
under this Agreement and any services, expenditures, and disbursements charged to the City for a
minimum period of three (3) years, or for any longer period required by law, from the date of final payment
to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor
shall allow a representative of the City to examine, audit, and make transcripts or copies of such records
and any other documents created pursuant to this Agreement during regular business hours. Contractor
shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement
for a period of three (3) years from the date of final payment to Contractor under this Agreement.
12. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such information is
reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or
disclose such information except in the performance of this Agreement, and further agrees to exercise the
same degree of care it uses to protect its own information of like importance, but in no event less than
reasonable care. "Confidential Information" shall include all nonpublic information. Confidential
information includes not only written information, but also information transferred orally, visually,
electronically, or by other means. Confidential information disclosed to either party by any subsidiary
and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and
nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources;
(b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful
possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by
operation of law; or (e) is independently developed by the Contractor without reference to information
disclosed by the City.
13. CONFLICT OF INTEREST CLAUSE
a. Contractor covenants that it presently has no interests and shall not have interests, direct or indirect,
which would conflict in any manner with performance of services specified under this Agreement.
b. The parties understand that outside parties, subject to receipt of financial benefit from UASI funding,
as noted in Recital Section B and the RFQ, are often utilized by the ASA UASI as subject matter
expert reviewing training and exercise proposals. To avoid potential conflict of interest of engaging
sub -contractors, subject to receipt of financial benefit from UASI funding, shall not be engaged by
the Contractor as a sub -contractor to provide the services provided in this Agreement, or any change
order or amendment thereto.
14. 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:
City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Chief of Police
City of Santa Ana
60 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702
Fax: 714-245-8116
To Contractor:
Elite Command Training
Attention: Michael Bryant
26741 Portola Parkway, Suite lE #833
Foothill Ranch, CA 92610
A party may change its address by giving notice in writing to the other party. Thereafter, any
communication shall be addressed and transmitted to the new address. If sent by mail, communication
shall be effective or deemed to have been given three (3) days after it has been deposited in the United
States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by
fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time
set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth
above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays
shall be excluded.
15. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor,
and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict
between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail.
This Agreement may not be modified except by written instrument signed by the City and by an authorized
representative of Contractor. The parties agree that any terms or conditions of any purchase order or other
instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or
obligate Contractor or the City. Each party to this Agreement acknowledges that no representations,
inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone
acting on behalf of any party, which is not embodied herein.
16. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written
consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior
written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit
the City's ability to have any of the services which are the subject to this Agreement performed by City
personnel or by other Contractors retained by City.
17. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by
the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving
the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed
a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver
constitute a continuing waiver unless the writing so specifies.
18. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination.
In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for
all services performed by Contractor prior to receipt of such notice of termination, subject to the following
conditions:
a. As a condition of such payment, the Executive Director may require Contractor to deliver
to the City all work product(s) completed as of such date, and in such case such work
product shall be the property of the City unless prohibited by law, and Contractor consents
to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
19. NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual
orientation, gender identity, gender expression, gender, medical conditions, genetic information, or
military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by
applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other
employment related activities or any services provided under this Agreement. Contractor affirms that it is
an equal opportunity employer and shall comply with all applicable federal, state and local laws and
regulations.
20. 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.
21. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits,
approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by
the laws and regulations of the United States, the State of California, the City of Santa Ana and all other
governmental agencies. Contractor shall notify the City immediately and in writing of its inability to
obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be
cause for termination of this Agreement.
22. FEDERAL REGULATIONS
a. Federal Regulations - Recipient must comply with the government cost principles, uniform
administrative requirements and audit requirements for federal grant program housed within Title
2, Part 200 of the Code of Federal Regulations.
b. Debarment and Suspension — As required by Executive Orders 12549 and 12689, and 2 CFR
§200.212 and codified in 2 CFR Part 200, Recipient must provide protection against waste, fraud,
and abuse by debarring or suspending those persons deemed irresponsible in their dealings with
the Federal government.
c. Audit Records - With respect to all matters covered by this agreement all records shall be made
available for audit and inspection by CITY, the grant agency and/or their duly authorized
representatives for a period of three (3) years from the date of submission of the final expenditure
report by the City of Santa Ana. For a period of three years after final delivery hereunder or until
all claims related to this Agreement are finally settled, whichever is later, Recipient shall preserve
and maintain all documents, papers and records relevant to the services provided in accordance
with this Agreement, including the Attachments hereto. For the same time period, Recipient shall
make said documents, papers and records available to City and the agency from which City
received grant funds or their duly authorized representative(s), for examination, copying, or
mechanical reproduction on or off the premises of Recipient, upon request during usual working
hours.
d. Reports - Recipient shall provide to City all records and information requested by City for
inclusion in quarterly reports and such other reports or records as City may be required to provide
to the agency from which City received grant funds or other persons or agencies.
e. Section 504 of the Rehabilitation Act of 1973 (Handicapped) - All recipients of federal funds must
comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds
recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise
qualified handicapped person shall, solely by reason of handicap be excluded from the
participation in, be denied the benefits of or be subject to discrimination, including discrimination
in employment, in any program or activity that receives or benefits from federal financial
assistance. The Recipient agrees it will ensure that requirements of The Act shall be included in
the agreements with and be binding on all of its contractors, subcontractors, assignees or
successors.
f. Americans with Disabilities Act of 1990 - (ADA) Recipient must comply with all requirements of
the Americans with Disabilities Act of 1990 (ADA), as applicable.
g. Political Activity - None of the funds, materials, property, or services provided directly or
indirectly under this agreement shall be used for any partisan political activity, or to further the
election or defeat of any candidate for public office, or otherwise in violation of the provisions of
the "Hatch Act".
h. No Lobbying - Recipient will comply with all applicable lobbying prohibitions and laws, including
those found in the Byrd Anti -Lobbying Amendment (31 U.S.C. 1352, et seq.), and agrees that none
of the funds provided under this award may be expended by the Recipient to pay any person to
influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with any federal action
concerning the award or renewal of any federal contract, grant, loan, or cooperative agreement.
i. Non -Discrimination and Equal Opportunity - Recipient will comply, and all its contractors (or
subrecipients) will comply, with Title VI of the Civil Rights Act of 1964, as amended; Section 504
of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with
Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age
Discrimination Act of 1975, as amended; Drug Abuse Office and Treatment Act of 1972, as
amended; Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970, as amended; Section 523 and 527 of the Public Health Service Act of
1912, as amended; Title VIII of the Civil Rights Act of 1968, as amended; Department of Justice
Non -Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of
Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a Federal or
State court, Federal or State administrative agency, or the Recipient makes a finding of
discrimination after a due process hearing on the grounds of race, color, religion, national origin,
sex, or disability against a recipient of funds, the Recipient will forward a copy of the findings to
CITY which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice
Programs, U.S. Department of Justice. If applicable, recipient will comply with the equal
opportunity clause in 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended
by Executive Order No. 11375.
j. Equal Employment Opportunity - Recipient will comply, and all its contractors (or
subrecipients) will comply, with all requirements of the Executive Order 11246 of September
24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of
October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter
60), as applicable.
k. Public Contracts Code - Recipient will comply, and all its contractors (or subrecipients) will
comply, with all requirements of the California Public Contract Code Section 10295.3, as
applicable.
1. Copeland "Anti -Kickback" Act - Recipient will comply, and all its contractors and
subcontractors (or subrecipients) shall comply, with all requirements of the Copeland "Anti -
Kickback" Act (30 U.S.C. 3145) as supplemented in Department of Labor regulations (29 CFR
Part 3), as applicable.
Contractor — Contractors shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the
requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference
into this contract.
2. Subcontracts — Contractor or subcontractor shall insert in any subcontracts the clause above
and such other clauses as FEMA may by appropriate instructions require, and also a clause
requiring the subcontractors to include these clauses in any lower tier subcontracts. The
prime contractor shall be responsible for the compliance by any subcontractor or lower tier
subcontractor with all of these contract clauses.
Breach — A breach of the contract clauses above may be grounds for termination of the
contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. §
5.12.
m. Davis -Bacon Act - Recipient will comply, and all its contractors (or subrecipients) will comply,
with all requirements of the Davis -Bacon Act (40 U.S.C. 3141-3144 and 3146-3148) as
supplemented by Department of Labor regulations (29 CFR Part 5), as applicable.
Contractors are required to pay wages to laborers and mechanics at a rate no less than the Prevailing
wages specified in a wage determination made by the Secretary of Labor.
Additionally, contractors are required to pay wages not less than once a week.
n. Work Hours and Safety - Recipient will comply, and all its contractors (or subrecipients) will
comply, with all requirements of Sections 103 and 107 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 3702 and 3704) as supplemented by Department of Labor regulations
(29 CFR Part 5), as applicable.
o. Clean Air Act - Recipient will comply, and all its contractors (or subrecipients) will comply, with
all applicable standards, orders or requirements issued under the Clean Air Act (42 U.S.C. 7401-
7671q), and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as applicable.
p. Energy and Conservation - Recipient will comply, and all its contractors (or subrecipients) will
comply, with all requirements of the Energy Policy and Conservation Act (42 U.S.C. 6201), as
applicable.
q. Waste Disposal - Recipient will comply, and all its contractors (or subrecipients) will comply, with
all requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act, as applicable.
Patent Rights - Recipient agrees that the Department of Homeland Security shall have the authority
to seek patent rights for any process, product, invention or discovery developed and paid for with
funding through this Agreement based on the requirements of 37 CFR§ 401 and any other
implementing regulations, as applicable.
Copyright - Recipient may copyright any books, publications or other copyrightable materials
developed in the course of or under this Agreement. However, the federal awarding agency, State
Administrative Agency (SAA) and City reserve a royalty -free, non-exclusive, and irrevocable
license to reproduce, publish or otherwise use, and to authorize others to use, for federal
government, SAA and/or City purpose:
1. the copyright in any work developed through this Agreement; and
2. any rights of copyright to which the subcontractor purchases ownership with support
through this grant. The Federal government's, SAA's and City's rights identified above
must be conveyed to the publisher and the language of the publisher's release form must
ensure the preservation of these rights.
t. Equal Employment in Construction Contracts - Pursuant to Equal Employment Opportunity
requirements of 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by
Executive Order No. 11375, as to any construction contract thereunder, if applicable, during the
performance of this contract, the contractor agrees as follows:
1. The contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national origin.
The contractor will take affirmative action to ensure that applicants are employed, and that
employees are treated during employment without regard to their race, color, religion, sex,
sexual orientation, gender identity, 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 contractor 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 contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, sexual orientation, gender identity,
or national origin.
3. The contractor will not discharge or in any other manner discriminate against any employee
or applicant for employment because such employee or applicant has inquired about,
discussed, or disclosed the compensation of the employee or applicant or another employee
or applicant. This provision shall not apply to instances in which an employee who has
access to the compensation information of other employees or applicants as a part of such
employee's essential job functions discloses the compensation of such other employees or
applicants to individuals who do not otherwise have access to such information, unless
such disclosure is in response to a formal complaint or charge, in furtherance of an
investigation, proceeding, hearing, or action, including an investigation conducted by the
employer, or is consistent with the contractor's legal duty to furnish information.
4. The contractor will send to each labor union or representative of workers with which he
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 contractor's
commitments under this section, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
5. The contractor will 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.
6. The contractor will 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 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.
7. In the event of the contractor's noncompliance with the nondiscrimination clauses of this
contract or with any of the said rules, regulations, or orders, this contract may be canceled,
terminated, or suspended in whole or in part and the contractor may be declared ineligible
for further Government contracts or federally assisted construction contracts in accordance
with procedures authorized in Executive 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, regulation, or order of the Secretary of Labor, or
as otherwise provided by law.
8. The contractor will include the portion of the sentence immediately preceding paragraph
(1) and the provisions of paragraphs (1) through (8) 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 subcontractor or vendor. The contractor will take such action
with respect to any subcontract or purchase order as the administering agency may direct
as a means of enforcing such provisions, including sanctions for noncompliance.
u. Prohibition of Certain Telecommunications and Video Surveillance Services or Equipment —
Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements
under Uniform Guidance 2 CFR §200.216. Recipient will comply with FEMA Policy 405-143- 1,
Prohibitions on Expending FEMA Award Funds on Covered Telecommunication Equipment or
Services (Interim), which prohibits grant recipients and subrecipients from obligating or expending
loan or grant funds to procure or obtain, extend or renew a contract to procure or obtain, or to enter
into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems
that uses covered telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology as part of any system.
As described in Public Law 115-232, section 889, covered telecommunications equipment is:
1. Telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation (or any subsidiary or affiliate of such entities).
2. For the purpose of public safety, security of government facilities, physical security
surveillance of critical infrastructure, and other national security purposes, video
surveillance and telecommunications equipment produced by Hytera Communications
Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua
Technology Company (or any subsidiary or affiliate of such entities).
3. Telecommunications or video surveillance services provided by such entities or using
such equipment.
4. Telecommunications or video surveillance equipment or services produced or provided
by an entity that the Secretary of Defense, in consultation with the Director of the
National Intelligence or the Director of the Federal Bureau of Investigation, reasonably
believes to be an entity owned or controlled by, or otherwise connected to, the
government of a covered foreign country.
v. Domestic preferences for procurements (2 CFR 200.322) - Recipient agrees that as appropriate
and to the extent consistent with law, it will, to the greatest extent practicable under a Federal
award, provide a preference for the purchase, acquisition, or use of goods, products, or materials
produced in the United States (including but not limited to iron, aluminum, steel, cement, and other
manufactured products). This requirement must be included in all subawards including all
contracts and purchase orders for work or products under this award. For purposes of this
provision: "produced in the United States" means, for iron and steel products, that all
manufacturing processes, from the initial melting stage through the application of coatings,
occurred in the United States; and "manufactured products" means items and construction
materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and
polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass,
including optical fiber; and lumber.
w. Termination for Cause and Convenience — Should recipient fail for any reason to comply with the
contractual obligations of this agreement within the time specified by this Agreement, the CITY
reserves the right to terminate the Agreement, reserving all rights under state and federal law.
23. 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 Contractor is providing services
not contemplated by this Agreement.
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:
Jennifer L. Hall
City Clerk
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: / l_�ANII11tl�I J V
Tamara Bogosian
Senior Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Robert Rodriguez
Acting Chief of Police
CITY OF SANTA ANA:
Alvaro Nunez
Acting City Manager
ELITE COMMAND TRAINING:
Michael Bryant
By:
(9)
I. REQUIREMENTS
EXHIBIT A
CITY OF SANTA ANA
EXHIBIT I
SCOPE OF SERVICES
The specific requirements of this RFP have been listed in Section II.
II. TRAINING REQUEST
A. ASAUA requires training in the following specific disciplines:
• Training Request for: 0-305: USFA Type-3 Incident Mangement Team
Minimum Requirements:
• Availability to conduct up to a total of ten (10) deliveries of the training by the end of the term
of the contract.
The first training must be conducted no later than January 31, 2024.
• Course instructors need to have attended Cal/OES Train the Trainer
• Course instructor must be a State Fire Marshall approved instructor
Course Name: Fire Training 0-305: USFA Type-3 Incident Mangement Team
Course Description: The Type 3 Incident Management Team (IMT) course consists of five
days of team -specific training designed to prepare its members to better serve their local
communities with the capability to manage large scale or complex emergency incidents. This
training is for those who are assigned to function in a Type 3 IMT during a large/complex
incident, typically extending into the second operational period.
Number of Students per Delivery: Minimum of 20 students
Responsibility of the Orange County Fire Authority, on behalf of the Anaheim/Santa Ana
Area:
• Classroom with space to arrange students in groups
• Additional breakout rooms for group exercises
• Audio/Visual Equipment (laptop & projector)
• Multiple easels, dry erase board, and markers
Responsibility of Proposer:
• Course Material
• Training Aids
23-113A 0-305 USFA Type-3 Incident Management Team Training Services Page 17 of 42
aCITY OF SANTA ANA
Notice to Respondents:
All responses to this solicitation shall become property of the City of Santa Ana, and responses
will become public record after issuance of Purchase Order. Proposer information identified as
proprietary information shall be maintained confidential, to the extent allowed under the
California Public Records Act.
B. Contractor shall conduct training courses at various locations/venues within the ASAUA.
C. Contractor shall prepare course flyers, register attendees, record attendance by signed roster,
provide certificates of completions, and verify course completion by the participants.
D. Contractor shall prepare and present specified training courses. Course material shall be available
at the time the training is provided for each of the training courses the proposer has outlined in their
proposal.
E. All training courses presented must meet state and federal guidelines and be approved by Cal OES
and DHS for reimbursement under the Homeland Security Grant Program prior to delivery. Refer to
the Cal OES website at: http://www.caloes.ca.gov/cal-oes-divisions/california-specialized-training-
institute and the DHS website at: https://www.fema.gov/training for further information regarding
state and federal guidelines for Department of Homeland Security grants. If any portion of the
training course occurs outside of the classroom, an Environmental & Historic Preservation (EHP)
approval must be obtained from FEMA/Cal OES prior to delivery of the course. The EHP approval
is location specific and if an EHP approval is required, one must be obtained for each location where
the course is delivered. It shall be the responsibility of the Proposer to complete all of the forms and
documentation necessary to obtain the required approvals. The ASAUA Homeland Security
Regional Training and Exercise Program Manager will assist the Proposer with the submission of
the requests for approval. The City shall not be billed for any costs associated with obtaining these
approvals.
F. Contractor shall provide all required training material, handouts, course syllabus and/or written
curriculum.
G. Contractor shall collect written survey comments/course evaluations from participants at the
conclusion of every course offered. Survey/course evaluations will be conducted in a manner
specified by the City. A standardized course survey form will be provided to the successful
proposers. A record of responses shall be maintained throughout the term of the agreement by
Contractor, and organized by training course, date, instructor, etc. Frequently mentioned comments
shall be reported to City Project Manager. Electronic reporting shall be made available to the City
upon request.
H. City reserves the right to cancel training courses with fourteen (14) calendar days' notice of delivery
date. City shall not be charged for the class, travel costs, or training materials by Contractor if
cancellation occurs within this period.
I. Contractor shall provide and assign high quality instructors on a consistent basis to deliver the
specified courses.
All instructors shall use the methods suggested by the training protocols established, such as
maintaining and updating each training syllabus; introducing and following objectives for each class;
completing training as described; and utilizing training aids such as audio/visual systems.
23-113A 0-305 USFA Type-3 Incident Management Team Training Services Page 18 of 42
a
CITY OF SANTA ANA
K. Contractor and all its instructors shall provide immediate feedback to the City via the ASAUA
Homeland Security Regional Training and Exercise Program Manger regarding all customer
requests for new or additional services or to file complaints.
L. Contractor will be paid for services rendered. Training days are generally eight (8) hours long (e.g.
8AM-5PM), including a one (1) hour lunch break. Schedule should include regular breaks on a 50/10
break ratio — for every fifty (50) minutes of instruction, there should be a ten (10) minute break. Half
days are defined as four (4) hours or less of curriculum.
M. Training venues may be provided by the City or by hosting agencies based on the needs of the
course. Contractor must be able to secure training sites at any of the jurisdictions within the ASAUA.
N. All Contractor -developed courses must be approved by California Office of Emergency Services (Cal
OES) for reimbursement under the Homeland Security Grant Program prior to delivery. It is the
responsibility of the Contractor to prepare all forms and documentation necessary to obtain all course
approvals at its cost. The ASAUA Homeland Security Regional Training and Exercise Program
Manager will assist Contractor with the submission of the requests for approval. The City shall not
be billed for any costs associated with obtaining these approvals.
O. The anticipated start date of this agreement is Summer of 2023. Usage under this agreement will
begin at this time.
P. Depending on the training, Contractor's instructors and courses may be required to be California
Peace Officer Standards & Training (POST) certified or California State Fire Marshal approved. It
shall be the responsibility of the Contractor to obtain all POSTcertifications and California State Fire
Marshal course approvals at its cost. The ASAUA Homeland Security Regional Training and
Exercise Program Manager will assist Contractor with the submission of the requests for
certifications and approval. The City shall not be billed for any costs associated with obtaining these
certifications and approvals.
Q. A list of "approved" courses is available from Cal OES at www.caloes.ca.gov and a list of Federal
Emergency Management Agency (FEMA) approved classes is available at www.fema.gov/training
R. Contractors are responsible for providing all course materials and delivering it to the site(s) of all
training at their cost.
S. Contractor must work with the ASAUA Homeland Security Regional Training and Exercise Program
Manager and requesting agencies to coordinate the training calendar and venue.
T. When required, Contractor must obtain the applicable certifications for developed courses before
training begins. The need for certification will be determined by the ASAUA Training & Exercise
Program Manager. It shall be the responsibility of the Contractor to complete all forms and
documentation necessary to obtain the required certifications at its cost. The ASAUA Homeland
Security Regional Training and Exercise Program Manager will assist the Proposer with the
submission of the requests for certification. The City shall not be billed for any costs associated with
obtaining these certifications.
U. Contractor will be required to obtain Emergency Medical Association (EMA) or Emergency
Management Institute (EMI) certification on developed courses at its cost if the course content
contains materials that require state and/or federal certification. The ASAUA Homeland Security
Regional Training and Exercise Program Manager will assist the Contractor with the submission of
23-113A 0-305 USFA Type-3 Incident Management Team Training Services Page 19 of 42
ate?)CITY OF SANTA ANA
the requests for certification. The City shall not be billed for any costs associated with obtaining
these certifications.
V. Contractor may not charge the City for materials brought to the class that are not utilized.
W. Proposers may be selected to provide training based on their expertise within a specific discipline.
Fire Training: 0-305: USFA Type-3 Incident Mangement Team
X. Contractors shall ensure that training participants are members of agencies or organizations located
or operating within the ASAUA, or have been approved by the ASAUA Training & Exercise Program
Manager or his designee.
Y. Contractor shall ensure that, when required, an Environmental Historic Preservation (EHP) approval
has been issued to the ASAUA before delivery of the training course. It shall be the responsibility of
the Proposer to complete all forms and documentation necessary to obtain the required EHP
approvals at its cost. The ASAUA Homeland Security Regional Training and Exercise Program
Manager will assist Contractor with the submission of the requests for approval. The City shall not
be billed for any costs associated with obtaining these approvals.
DELIVERABLES / REPORTS FOR TRAINING COURSES
A. Course Surveys / Evaluations
Course surveys/evaluations results will be tabulated and scored by Contractor. Summary of
the results will be provided to the ASAUA Training & Exercise Program Manager.
2. Completed course survey/evaluation forms will be provided to the ASAUA Training & Exercise
Program Manager within 30 days of delivery of the training course.
B. Contractor must provide course flyers for all training courses to be delivered at its cost.
C. Contractor must provide to the ASAUA Training & Exercise Program Manager all rosters and sign -
in sheets upon completion of the training course for all training courses delivered. Contractor shall
maintain a record of all original and electronic copies of all sign -in sheets.
D. Contractor shall provide certificates of completion to all students that successfully complete a training
course at the conclusion of the training course and provide copies of the certificates to the ASAUA
Training & Exercise Program Manager within 30 days of delivery of the training course. Contractor
shall maintain a record of all certificates provided students.
QUANTITIES FOR TRAINING COURSES
Quantities listed herein are estimates and are not to be construed as a commitment. No minimum or
maximum is guaranteed or implied.
V. PRICING FOR TRAINING COURSES
A. Unless otherwise stated, Proposer agrees that, in the event of a price decline, the benefit of such
lower price shall be extended to the City.
B. All prices are to be F.O.B. destination. Any freight/delivery charges are to be included.
23-113A 0-305 USFA Type-3 Incident Management Team Training Services Page 20 of 42
(9)
CITY OF SANTA ANA
C. All prices quoted shall be in United States dollars and "whole cent," no cent fractions shall be used.
There are no exceptions.
D. Pricing shall include any and all payment incentives available to the City.
E. Proposers are advised that in the evaluation of costs, if applicable, it will be assumed the unit price
quoted is correct in the case of a discrepancy between the unit price and an extension.
F. Federal and State minimum wage laws apply. The City has no requirements for living wages. The
City is not imposing any additional requirements regarding wages.
VI. AWARD FOR TRAINING COURSES
A. City reserves the right to reject any or all responses that materially differ from any terms contained
in this RFP, from any Exhibits attached hereto, or from any subsequent addenda; to waive
informalities and minor irregularities in responses received; and to provide an opportunity for
Proposers to correct minor and immaterial errors contained in their submissions. The decision as to
what constitutes a minor irregularity shall be made solely at the discretion of the City.
B. The City reserves the right to award an agreement to a single Proposer or multiple Proposers.
C. The City has the right to decline to award an agreement or any part thereof for any reason.
D. City Council approval to award an Agreement pursuant to this RFP will be required.
E. Any agreement must be negotiated, finalized, and approved by the recommend Contractor prior to
City Council approval.
F. RFP specifications, terms, conditions, and Exhibits, RFP Addenda, and Proposals, may be
incorporated into and made a part of any agreement that may be awarded as a result of this RFP.
VII. INVOICING FOR TRAINING COURSES
A. Proposer shall invoice the City, unless otherwise advised, upon satisfactory receipt of performance
of services.
B. City will use best efforts to make payments within thirty (30) days following receipt and review of
invoice and upon complete satisfactory receipt of performance of services.
C. Invoices shall be emailed to:
Sgt. Ricardo Diaz
Santa Ana Police Department
Email: RDiaz santa-ana.org
D. City shall notify Proposer of any adjustments required to invoices.
E. Invoices shall include, at minimum:
City PO number (if applicable);
Invoice number;
Agreement number;
23-113A 0-305 USFA Type-3 Incident Management Team Training Services Page 21 of 42
aCITY OF SANTA ANA
• Remit to address;
• Itemized services;
• Course description
• Pricing as per agreement;
• Instructor name;
• Number of participants;
• Course date(s); and
• Shall be accompanied by acceptable proof of delivery.
F. Proposer shall utilize standardized invoices upon request.
Vill. ACCOUNT MANAGER / SUPPORT STAFF FOR TRAINING COURSES
A. Proposer shall provide a dedicated, competent Account Manager who shall be responsible for the
City's account / agreement. The Account Manager shall receive all orders from the City and shall
be the primary contact for all issues regarding the Proposer's response to this RFP and any
agreement which may arise pursuant to this RFP.
B. Proposer shall also provide adequate, competent support staff that shall be able to service the City
during the working hours of 7:OOAM — 5:OOPM PST, Monday through Friday. Such representative(s)
shall be knowledgeable about the agreement, training offered, and able to identify and resolve
quickly any issues included, but not limited to order and invoicing problems.
C. Contractor's Account Manager shall be familiar with City requirements and standards and work with
the City to ensure that established standards are adhered to.
D. Contractor's Account Manager shall keep the City and ASAUA Training & Exercise Program
Manager informed of requests from departments.
IX. QUALIFICATIONS — HOMELAND SECURITY EXERCISE EXPERIENCE
• Proposer should be experienced and proficient in the design and delivery of relevant homeland
security training and/or exercise as it pertains to the aforementioned course and in accordance with
HEESP guidelines.
23-113A 0-305 USFA Type-3 Incident Management Team Training Services Page 22 of 42
EXHIBIT B
RFP NO.23-113A
Anaheim/Santa Ana UASI
0-305 USFA Type-3 Incident Management Team Training Services
August 23, 2023
Part 1- Statement of Qualifications (SOQ)
Services Provided
J9�� �Ug
COMM�iND TRaiINING
Elite Command Training (ECT) shall provide and assign high quality instructors on a consistent basis to
deliver 0-305 USFA Type-3 Incident Management Team training. The instructors shall use the methods
suggested by the training protocols established, such as maintaining and updates each training syllabus;
introducing and following objectives for each class; completing training as described; and utilizing
training aids such as audio/visual systems.
ECT positive reputation is well known throughout California and nationally by their instructional cadre's
ability to connect with the students. The pragmatic style of instruction from ECT is what motivates the
"adult learners" who are full of life experiences.
ECT and its instructors shall provide immediate feedback to the City via the ASAUA Program Manager
regarding all customer requests for new or additional services, or to report complaints.
ECT shall collect written survey comments/course evaluations from participants at the conclusion of
every course offered. Survey/course evaluations will be conducted in a manner specified by the City. A
standardized course survey form will be provided to the successful proposers. A record of responses shall
be maintained throughout the term of the agreement by Contractor, and organized by training course,
date, instructor, etc. Frequently mentioned comments should be reported to the City's Project Manager.
Electronic reporting shall be made available to the City upon request.
ECT shall conduct training courses, which it has been successfully prequalified for, at various
locations/venues within the ASAUA. ECT shall prepare course flyers, register attendees, record
attendance by signed roster, provide certificates of completion, and verity course completion by the
participants.
ECT shall prepare and present 0-305 USFA Type-3 Incident Management Team training. Course
materials shall be available at the time the training is provided. ECT shall offer course content that
satisfies the preparedness priorities identified in the ASAUA training plan. ECT shall provide all required
training materials, handouts, course syllabus and/or written curriculum.
12522 North Nine Mile Falls Road, Suite 355 - Nine Mile Falls, WA 99026 626-290-6007
www.elitecommandtraining.com
RFP NO.23-113A
Anaheim/Santa Ana UASI
0-305 USFA Type-3 Incident Management Team Training Services
August 23, 2023
Part 1- Statement of Qualifications (SOQ)
J9.1� �W.EL9W
COMM�iND TRaiINING
Elite Command Training's Project Manager, Michael Bryant will work with the City's Project Manager
to coordinate training deliveries based on the ASAUA needs. He is available for any pre -conference
planning and will facilitate courses based on the regional needs. Our Project Manager is highly
experienced in managing and coordinating training deliveries and has the greatest knowledge of the
required services and contractual matters with the City. He will also ensure all instructional staff is
compliant with the requirements of this RFP.
Agreement Statement
Elite Command Training accepts the terms and conditions and has the ability and willingness to
perform the requested services under such terms and conditions of RFP NO. 23-113A.
Elite Command Training concurs with all provisions as contained in Exhibit II — Sample Agreement of
RFP NO. 23-113A.
12522 North Nine Mile Falls Road, Suite 355 - Nine Mile Falls, WA 99026 626-290-6007
www.elitecommandtraining.com
EXHIBIT C �
RFP NO.23-113A
Anaheim/Santa Ana UASI
August 23, 2023
0-305 USFA Type-3 Incident Management Team Training Services
COST PROPOSAL
Course Name Item
0-305 - Type 3 Incident Management Training per course delivery $27,989.00
Pricing Proposal valid for one hundred eighty (180) days.
12522 North Nine Mile Falls Road, Suite 355 - Nine Mile Falls, WA 99026 626-290-6007
www.ehtecommandtraining.com