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HomeMy WebLinkAboutUSGI INSURANCE NOT ON FILE N-2024-222 WORK MAY NOT PROCEED CITY CLERK DATE: JUL 0 8 2024 a'GQA(C) AGREEMENT FOR UNARMED SECURITY GUARD SERVICES IN DOWNTOWN C3,A1,e Casio BETWEEN USGI AND CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this , day oflU. , 20M by and between USGI, ("Contractor"), and the City of Santa Ana, a charter city a municipal corporation organized and existing under the Constitution and laws of the State of California("City"). RECITALS A. On February 28, 2024, the City issued a Request for Proposal No. 24-026A ("RFP"), by which it sought a contractor to provide unarmed security guard services in the downtown area of the City of Santa Ana. B. Contractor submitted a responsive proposal that was selected by the City. Contractor represents that Contractor is able and willing to provide such services to the City as described in the scope of work that was included in the RFP. C. 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 Contractor 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 Contractor 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$50,000. 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. Page 1 of 10 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 one 1-year renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 17, below. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on"public works"and "maintenance"projects. If the services being performed are part of an applicable "public works"or"maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 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. Page 2 of 10 7. INSURANCE Contractor shall procure and maintain for the duration of the Agreement, the following insurance coverage. MINIMUM SCOPE 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 Number CA 00 01 covering any auto (Code 1), 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 Contractor has no employees. 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. 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 Contractor 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 Contractor for City. 3. All required insurance policies: For any claims related to this contract, Contractor'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 Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to Page 3 of 10 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, 20 Civic Center Plaza, 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.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. 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. 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. The 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 (applicable only to professional liability) If any of the required policies provide coverage on a claims-made basis: A. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. B. Insurance must be maintained and evidence of insurance must be provided for at least three(3) years after completion of the contract of work. C. 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 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. Page 4 of 10 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. 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. Page 5 of 10 11. 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. 12. CONFLICT OF INTEREST CLAUSE 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. 13. 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 Executive Director Community Development Agency City of Santa Ana 20 Civic Center Plaza(M-25) P.O. Box 1988 Santa Ana, CA 92702 Page 6 of 10 To Contractor: David Perez Business Development Manager USGI 1615 French Street, Suite 201 Santa Ana, CA, 92701 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, commnunication 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 14. 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. 15. 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. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure,right or remedy.No waiver of any breach, failure or right,or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. Page 7 of 10 17. 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. 18. 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. 19. 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. 20. 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. 21. FUNDING-RELATED PROVISIONS Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery Fund,together known as the Coronavirus State and Local Fiscal Recovery Funds Page 8 of 10 ("CSLFRF") program, will be used to fund all or a portion of this Agreement. As applicable, Contractor shall comply with all federal requirements including,but not limited to, the following, all of which are expressly incorporated herein by reference: a. Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the"Act"); b. U.S. Department of the Treasury("Treasury") Final Rule for the Act; c. Treasury Compliance and Reporting Guidance for the Act; d. 2 C.F.R. Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of the Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions as may be otherwise provided by the U.S. Department of the Treasury; e. Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and f. Federal contract provisions attached hereto as Exhibit C and incorporated herein by reference. Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in this Agreement. With respect to any conflict between such federal requirements and the terms of this Agreement and/or the provisions of state law and except as otherwise required under federal law or regulation,the more stringent requirement shall control. 22. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact,held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signatures on following page] Page 9 of 10 IN WITNESS WHEREOF,the parties hereto have executed this Agreement the date and year first above written. ATT ST: CITY OF SANTA ANA tB '" e e r Alvaro Nunez Ci Cle Acting City Manager APPROVED AS TO FORM: SONIA R. CARVALHO CONTRACTOR: City Attorney B .�� 01)Y• Andrea Garcia-Miller By: David Perez Assistant City Attorney Title: Business Development Manager RECOMMENDED FOR APPROVAL: t Michael L. Garcia Executive Director Community Development Agency Page 10 of 10 EXHIBIT A Scope of Work CITY OF SANTA ANA EXHIBIT-I SCOPE OF:SERVICES Contractor shall perform services as set forth below. A. Contractor General Requirements 1. Provide security guard services to the four parking structures and one surface parking lot within DTSA, and/or other parts of the City. Refer to EXHIBIT IV for the boundaries of DTSA. 2. Contracted security services will include guard services 365 days per year with a range of 40-100 hours per week, contingent upon City's available funds and need. 3. Staffing shall consist of one guard per shift with the potential of increasing to two guards during peak times, upon the discretion of the City. 4. Contractor must be able to provide Security Guards for as-needed assignments within 24 hours of notification from City Representative. 5. The schedule below is a best estimate of service level needs, but selected contractor dshould 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. m:SecurityrGuard Weekly:Schedule* Day(s) of the Week Time Daily Hours Mon-Wed 9:00am-10:O0pm 13 x 3 days = 39 Thursday 9:0Oam-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. 6. 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. When multiple guards are required, only the security guard supervisor will be paid for the orientation time. 7. Keep an updated and approved Security Guard list, which must include, but not limited to: a) Full Name: First, Middle, Last b) Photo: Current, face c) Address: Residence d) Phone Numbers: Contact e) Security Guard Registration: current f) CA driver's licenses: current City of Santa Ana RFP 24-026A Page 18 of 58 CITY OF SANTA ANA g) Experience: at least 12 months prior work experience as a registered security guard 8. Do not place any guards at any posts unless that guard is on the approved security guard list. 9. The City shall have the right to require the removal and replacement of the Contractor's staff assigned to this contract. The City is not required to provide any reason, rationale or additional factual information if it elects to request any specific key personnel be removed from performing services under the awarded contract. The City shall review and approve the appointment of the replacement for the Contractor's personnel. Said approval shall not be unreasonably withheld. 10. 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. B. Contractor Staff Responsibilities & Requirements Contractor's staff general responsiblities and requirements include, but are not limited to the following: 1. Maintain direct communication with stakeholders such as City staff and his/her designee, business owners, business employees, residents, and visitors. 2. Have the ability to share contact information such as a work-cell phone. 3. Provide a positive and enforcement presence to deter negative activity and to promote safety in DTSA. 4. Monitor, observe, and report illegal activities, suspicious activities, and provide assistance to merchants, businesses, residents, and City staff. 5. Visually inspect and observe outdoor designated checkpoints at regular intervals to maintain adequate security coverage throughout DTSA. 6. Contact Santa Ana Police Department when necessary upon observance of suspicious behavior or criminal activity such as vandalism. 7. Submit daily activity reports within six hours of prior security shift, noting any security incidents, suspicious activities, or calls to Santa Ana Police Department. 8. 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. City of Santa Ana RFP 24-026A Page 19 of 58 lx� mrvv CITY OF SANTA ANA 9. Supervisor Requirements At minimum, Supervisor responsiblities and requirements include the following: a) Must have training and supervisory experience commensurate with the requirements as specified herein. b) Ensure that all posts have an approved security guard at all times and for the duration required. c) Ensure that the Contractor provides an approved security guard for any late, absent or dismissed security guards. d) Act as the liaison between City and Contractor regarding all issues pertaining to security guard and performance. e) 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. 10. Security Guard Requirements At minimum, Security Guards responsibilities and requirements include the following: a) English & Spanish language skills required. b) Must abide by all requirements as specified herein and by all applicable legal requirements. c) Must abide by all applicable California Bureau of Security and Investigative Services requirements. d) Must wear the appropriate uniform at all times while performing duties as specified herein. e) Shall report to work on time and work the entire duration of assigned shift, as scheduled. f) Shall perform all of the Post Orders and Pass Downs as applicable. g) Shall perform duties in a professional manner at all times, including appropriate behavior and attitude, well-courmaintained appearance including, but not limited to: i. Covering up inappropriate tattoos ii. No jewelry except wedding ring and/or watch may be worn. h) Exhibit competent command of the English language and efficiency in communicating with the public. C. Uniforms Contractor must furnish and replace uniforms and identifying apparel items as needed at its own cost to staff assigned to this contract as follows: 1. Clean and well-maintained matching soft uniforms for each event security guard including but not limited to: a) Jacket; b) Shirt; c) Pants; d) Shoes; e) Raingear(as-needed basis for inclement weather); City of Santa Ana RFP 24-026A Page 20 of 58 CITY OF SANTA ANA f) Personal Protective Equipment (disposable face mask, hand sanitizer, etc.) Contractor staff 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. Appropriate identification badges, patches, or screen prints easily visible to City Staff and all visiting patrons. 3. 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. Uniforms with tears and excessive wear and/or color fading shall not be acceptable and must be replaced by Contractor. 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. D. Equipment Contractor must furnish and replace required equipment as needed at its own cost to staff assigned to this contract as follows: 1. Cell phones to facilitate on-site communication between guards, supervisor, business owners, residents, City staff and his/her designee. 2. Transportation car, golf cart, and/or 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. E. Reports 1. Submit activity reports from the prior security shift within six hours, in the method required, and on the forms required by the City. 2. All reports must include any pertinent information or backup documentation with your reports, including date, time, persons and businesses (if applicable) involved, location, etc. 3. General: Report immediately, verbally and in writing as soon as practically possible taking safety into consideration; especially concerning issues that may require City of Santa Ana RFP 24-026A Page 21 of 58 u. 1"i CITY OF SANTA ANA immediate action to avoid potential escalation. If possible, take photos of the observation or interaction and attach to email, text, 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. F. Legal & Best Practice Requirements 1. Contractor must be self-informed, abide by, and comply with all, current and applicable, local, county, state, federal and other legal requirements and best practices at all times. 2. Shall not cause, allow to be caused, or permit the continuance of any violation of any legal requirements or best management practices. 3. Shall be responsible and bear all associated costs should any work be performed in contrary to any laws, ordinances, codes, rules, or regulations. 4. Contractor must provide all labor, supervision, materials, tools, supplies, equipment and the like required to perform services as specified herein at its own expense. 5. 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. 6. 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. G. Holidays Onl the listed Cit holidays are subject to any premium rates (overtime, etc.) LN .,`� Date Holiday t 1 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 Fourth Friday in November Day after Thanksgiving 10 December 25 Christmas Day City of Santa Ana RFP 24-026A Page 22 of 58 EXHIBIT B Compensation—Fees/Rates qpi PROPOSED WAGE SCHEDULES For the rest of 2024 Effective January 1st,2025 A. Security Professional(s) B. Director of Security (25.0 Hrs/W_ lc x $33A0/Hr.) (40.0 Hrs./Wk. x$36.00/Hr.) y ffib01:Pa $2 4,00%Hr.?Jfficei Pa $22 00/Hi- C. Post Commander b40 0 Hrs./Wk. x $34.50/Hr.) fficei P.ay$2300/Hr D. Security Professional(s) (32.0 Hrs./Wk. x $33.00/Hr.) Officer Pay 2-2 00`/Hi' EMPLOYMENT BENEFITS Holidays: USG recognized the following company observed holidays: New Year's Day Independence Day Thanksgiving Day Memorial Day Labor Day Christmas day Employees of the Public Safety Staff will receive pay equal to one and one half(1 Y2)times their regular rate for each hour actually worked on a Company recognized holiday. (A) Health Insurance: All employees of the Public Safety Staff who work at least thirty-five(35) average hours per week, are eligible to elect Benefit coverage with USG. 4,^. 14.1 VEHICLE PROVISION OPTION U*, ,r At the client's option USG will provide one conventional marked patrol vehicle to be used exclusively for patrol of the block areas of the City. These vehicle configurations are selected by USG in accordance with BSIS requirements. Billing For the marked utility patrol vehicles is based on a flat rate per month, per vehicle, as indicated below, which shall include vehicle leasing, insurance, and equipment. It is agreed that the amount billed to City management by USG each month will be adjusted from time to time based on vehicle maintenance and operating costs. USGI will bill the City of Santa Ana for any an all preventative maintenance, any mechanical expenses, and tire(s) replacement. Additionally, USGI will bill the City of Santa Ana for minor body damage not exceeding$1,000.00. Termination or Non-Renewal of contract: In the event of termination or non-renewal of USG services at the City at any time within the lease term of the vehicle(s), the City will need to carry direct costs associated with the vehicle lease agreements,to include balance of lease payments, required insurance, fuel, acceptable maintenance of vehicles and any mileage charges which are assessed by lesser at the conclusion of the lease. Vehicle Configuration Costs 2024 White Ford Maverick- Dedicated Patrol Truck $32,000.00 divided by 60 months=$533.33 Per the client request, Gasoline will need to be Capped at$500.00/mo. $6,000.00/yr. $500.00/mo. Per the client's request'maintenance will be invoiced accordingly $ (tires, preventative care, fluids, alignment, car washes,unforeseen mechanical issues, and minor body damage). Decals and Emergency Equipment installation(one-time fee) $5,000.00 divided by 12 months=$416.66/mo. Vehicle Insurance $3,000.00/yr. $250.00/mo. Vehicle Total without Maintenance Costs $20,399.96/yr. $1,699.99/mo. USGI Discount for a whole year -$6,000.00/yr. Vehicle Total per Month $1,199.99/mo. 11 IPage j WAGE AND RATE,QUOTES III. GENERAL INFORMATION (A) On New year's Day,Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day, the applied rate per hour for on-duty personnel shall be billed at one-half times the regular billing rate in each category. (B) Rates shown do not reflect any federal, state, county or city sales taxes that may be imposed. USG shall invoice the City for necessary sales taxes as may be required by law. Tax revenues received shall be forwarded by USG directly to the appropriate government agency. (C) Proposed service rates are calculated according to current USG operating costs. These direct costs include federal, state or local employment taxes,workers compensation insurance and general liability insurance. If these costs should change within the contract term, USG reserves the option to revise service rates as necessary, subject to the review and approval of City management. (D)If the federal or state mandated minimum wage should advance within the contract term, USG reserves the option to adjust service rates, only to the degree that the minimum wage requirement affects the operation of Public Safety Services (F) The foregoing rate quotations include all expenses associated with the normal operation of the Public Safety staff including wages,payroll related taxes, insurance, uniforms, USG training, benefits and corporate support. Rates do not include provision by USG of radio communications equipment,professional uniform cleaning. (F) USG provide all uniforms and uniform replacements for staff personnel throughout the contract term according to styles/colors approved by the City management at the contract start. The City shall not be responsible for the cost of any uniform changes which center management may dictate within the contract term. igp' � 4 MONTHLY COST PROJECTION—Price until 12/31/2024. PERSONNEL The City of Santa Ana - Downtown Santa Ana City Blocks A. Security Professional(s) (95.0 Hrs./Wk. x$33.00/Hr.) $13,585.00 tfficerPay$22:00/Hr MONTHLY SUBTOTAL; PERSONNEL $13,708.75 (Holidays Included) II. UNIFORMS AND EQUIPMENT (Included) III. TRAINING (Included) BENEFITS • Health Insurance (Included) OPERATING EXPENSES • Parking Enforcement (Included) • Smart Phone (2) Direct Contact($90.00 ea.) ($180.00) • Dedicated Patrol email (Included) • GPS Tracking Reports (Included) • Live Digital Reports (Included) • 2024 White Ford Maverick Patrol Truck ($1,199.99) IV. REAL TIME REPORTING (Included) VI].. MANAGEMENT FEE (Included) TOTAL MONTHLY COST TO: The City of Santa Ana-Downtown Santa Ana City Blocks $15,088.74 Price until 12/31/2024. * Personnel figure is based on employment of all personnel at"New Hire"wage rates and a deployment schedule of 5.0 hours pei week:Projection does not include variances due to special events, seasonal coverage, etc. Amount used are estimates only. 13 ' Page rti) MONTHLY COST PROJECTION—Price Effective 01/01/2025 PERSONNEL The City of Santa Ana-Downtown Santa Ana City Blocks B. Director of Security 00.0 Hrs./Wk x$36.00/Hr.) $6,240.00 fficer Pay$24 00/Hr C. Post Commander (40.0 Hrs./Wk. x$34.50/Hr.) $5,980.00 officer Pay$23 00/Hr D. Security Professional(s) (32.0 Hrs./Wk. x$33 00/Hr.) $4,576.00 fficer Pay$22.00/FIr MONTHLY SUBTOTAL; PERSONNEL $16,940.00 (Holidays Included) II. UNIFORMS AND EQUIPMENT (Included) III.TRAINING (Included) BENEFITS • Health Insurance (Included) OPERATING EXPENSES • Parking Enforcement (Included) • Smart Phone(2) Direct Contact($90.00 ea.) ($180.00) • Dedicated Patrol email (Included) • GPS Tracking Reports (Included) • Live Digital Reports (Included) • Ford Maverick Patrol Truck ($3,200.00) IV. REAL TIME REPORTING (Included) VII. MANAGEMENT FEE (Included) TOTAL MONTHLY COST TO: The City of Santa Ana-Downtown Santa Ana City Blocks $20,320.00 Price Effective 01/01/2025. * Personnel figure is based on employment of all personnel at"New Hire"wage rates and a deployment schedule of`112:©hours per Week Projection does not include variances due to special events, seasonal coverage, etc. Amount used are estimates only. EXHIBIT C FEDERAL CONTRACT PROVISIONS During the performance of this Agreement, Contractor shall comply with all applicable federal laws and regulations including,but not limited to,the federal contract provisions in this Exhibit C. 1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 — CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. §200.327) (a) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. The Contract Documents include remedies for breach and termination for cause and convenience. (b) Appendix II to Part 200 (C) —Equal Employment Opportunity: If this Agreement meets the definition of a "federal assisted construction contract" in 41 CFR § 60-1.3, Contractor agrees as follows during the performance of this Agreement: (i) 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. (ii) 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. (iii) 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. (iv) 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. (v) 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. (vi) 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. (vii) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules,regulations,or orders,this Agreement 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. (viii) The Contractor will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) 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: Provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. The City further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the City so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Agreement. The City agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of the Contractor and subcontractors with the equal opportunity clause and the rules,regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The City further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965,with a contractor debarred from,or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the City agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this project; refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. (c) Appendix II to Part 200 (D)—Davis-Bacon Act: Not applicable to this Agreement since it is funded by CSLFRF. (d) Appendix II to Part 200 (D) — Copeland "Antti-Kickback" Act: Not applicable to this Agreement since it is funded by CSLFRF. (e) Appendix II to Part 200(E)—Contract Work Hours and Safety Standards Act: (i) Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (ii) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages.In addition,such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph(ii) of this section. (iii) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the Contractor, such sums as may be determined to be necessary to satisfy any liabilities of Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph(iii) of this section. (iv) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.The Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through(v) of this Section. (f) Appendix II to Part 200 (F) — Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of"funding agreement" under 37 CFR § 401.2 (a) and the Contractor wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the Contractor must comply with the requirements of 37 CFR Part 401,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency.. (g) Appendix II to Part 200 (G)—Clean Air Act and Federal Water Pollution Control Act: (i) Pursuant to the Clean Air Act, (1) Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3)Contractor agrees to include these requirements in each subcontract exceeding$150,000. (ii) Pursuant to the Federal Water Pollution Control Act, (1) Contractor agrees to comply with all applicable standards,orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn,report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Contractor agrees to include these requirements in each subcontract exceeding $150,000. (h) Appendix II to Part 200 (H)—Debarment and Suspension: (i) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded(defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (ii) Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (iii) This certification is a material representation of fact relied upon by City. If it is later determined that Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) Contractor warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Contractor also agrees to verify that all subcontractors performing work under this Agreement are not debarred,disqualified, or otherwise prohibited from participation in accordance with the requirements above. Contractor further agrees to notify the City in writing immediately if Contractor or its subcontractors are not in compliance during the term of this Agreement. (i) Appendix II to Part 200 (I) — Byrd Anti-Lobbying Act: Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s)to the awarding agency. (j) Appendix II to Part 200 (J)— §200.323 Procurement of Recovered Materials: (i) Contractor shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R.part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded$10,000;procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement. (ii) In the performance of this Agreement, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule;meeting contract performance requirements; or at a reasonable price. (iii) Information about this requirement, along with the list of EPA-designate items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (iv) The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act." (k) Appendix II to Part 200 (K) — §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment: (i) Contractor shall not 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 funded under this Agreement. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation(or any subsidiary or affiliate of such entities). (1) For the purpose of public safety, security of goverunent 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). (2) Telecommunications or video surveillance services provided by such entities or using such equipment. (3) 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. (ii) See Public Law 115-232, section 889 for additional information. (I) Appendix II to Part 200 (L)—§200.322 Domestic Preferences for Procurement: (i) Contractor shall,to the greatest extent practicable,purchase, acquire,or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel,cement, and other manufactured products).The requirements of this section must be included in all subcontracts. (ii) For purposes of this section: (1) "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. (2) "Manufactured products" means items and construction materials composed in whole or in part of nonferrous metals such as aluminum;plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 2. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN'S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. §200.321) (a) Contractor shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color,religious creed, sex, or national origin in consideration for an award. (b) Affirmative steps shall include: (i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii) Dividing total requirements,when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises; (iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and (v) Using the services/assistance of the Small Business Administration(SBA), and the Minority Business Development Agency(MBDA) of the Department of Commerce. (c) Contractor shall submit evidence of compliance with the foregoing affirmative steps when requested by the City. 3. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS LOCAL FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS (a) Maintenance of and Access to Records. Contractor shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury's regulations implementing that section, and guidance issued by Treasury regarding the foregoing. Contractor agrees to provide the City, Treasury Office of Inspector General and the Government Accountability Office, or any of their authorized representatives access to any books, documents, papers, and records(electronic an otherwise) of the Contractor which are directly pertinent to this Agreement for the purposes of conducting audits or other investigations. Records shall be maintained by Contractor for a period of five (5) years after completion of the Project. (b) Compliance with Federal Regulations. Contractor agrees to comply with the requirements of section 603 of the Act,regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. Contractor also agrees to comply with all other applicable federal statutes, regulations, and executive orders, including, without limitation,the following: (i) Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. (ii) Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170,pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. (iii) OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. (iv) Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. (v) Govermnentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20. (vi) New Restrictions on Lobbying, 31 C.F.R. Part 21. (vii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. (c) Compliance with Federal Statutes and Regulations Prohibiting Discrimination. Contractor agrees to comply with statutes and regulations prohibiting discrimination applicable to the CSLFRF program including, without limitation,the following: (i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance. (ii) The Fair Housing Act,Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex,familial status, or disability. (iii) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance, (iv) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.),and Treasury's implementing regulations at 31 C.F.R.Part 23,which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance. (v) Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.),which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. (d) False Statements. Contractor understands that making false statements or claims in connection with the CSLFRF program is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law. (e) Protections for Whistleblowers. (i) In accordance with 41 U.S.C. § 4712, Contractor may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety,or a violation of law,rule, or regulation related to a federal contract(including the competition for or negotiation of a contract) or grant. (ii) The list of persons and entities referenced in the paragraph above includes the following: (1) A member of Congress or a representative of a committee of Congress; (2) An Inspector General; (3) The Government Accountability Office; (4) A Treasury employee responsible for contract or grant oversight or management; (5) An authorized official of the Department of Justice or other law enforcement agency; (6) A court or grand jury; or (7) A management official or other employee of Contractor, or a subcontractor who has the responsibility to investigate, discover, or address misconduct. (f) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Contractor is encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles, and encourage its subcontractors to do the same (g) Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Contractor should encourage its employees and subcontractors to adopt and enforce policies that ban text messaging while driving, and Contractor should establish workplace safety policies to decrease accidents caused by distracted drivers. (h) Assurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to the Project, including,but not limited to, the following: (i) Contractor ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars; policies;memoranda and/or guidance documents. (ii) Contractor acknowledges that Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency (LEP)," seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, are limited in their English proficiency. Contractor understands that the denial of access to persons to its programs, services and activities because of their limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964. Accordingly, Contractor shall initiate reasonable steps, or comply with Treasury's directives, to ensure meaningful access to its programs, services and activities to LEP persons. Contractor understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary to ensure effective communication in the Project. (iii) Contractor agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on LEP,please visit http://www.lep.gov. (iv) Contractor acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon Contractor and Contractor's successors, transferees and assignees for the period in which such assistance is provided. (v) Contractor agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Contractor and the Contractor's subcontractors, successors, transferees and assignees: The subcontractor; successor, transferee and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients offederal financial assistance from excluding from a program or activity, denying benefits of or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also extends protection to persons with "Limited English proficiency"in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract(or agreement). (vi) Contractor understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Contractor, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Contractor for the period during which it retains ownership or possession of the property. (vii) Contractor shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. Contractor shall comply with information requests, on-site compliance reviews, and reporting requirements. (viii) Contractor shall maintain a complaint log and inform the Department of the Treasury of any accusations of discrimination on the grounds of race,color,or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint,pending or completed,including outcome. Contractor must also inform the Department of the Treasury if Contractor has received no complaints under Title VI. (ix) Contractor must provide documentation of an administrative agency's or court's findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other agreements between the Contractor and the administrative agency that made the finding. If the Contractor settles a case or matter alleging such discrimination, Contractor must provide documentation of the settlement. If Contractor has not been the subject of any court or administrative agency finding of discrimination, please so state. (x) If Contractor makes sub-awards to other agencies or other entities, Contractor is responsible for assuring that sub-recipients also comply with Title VI and all of the applicable authorities covered in this assurance. ACO CERTIFICATE OF LIABILIPIl INSURAN E DATE(MMIDDIYYYYI I 06/19/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS'UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND iOR ALTER THE C VERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CO TRACT BETWEEN HE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)l must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, �ertairl policies may equire an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endors�ment(s). PRODUCER C 1NTA e eI'll I ® I tME: l Gregg Stapp Insuranc is a �co�r o 8 0. 810 E.Commonweal l• l UL sta 6 aol.com y h rN At-RESS: PP @ I AF 10M WNTM rl nNAIC# Fullerton CA 92831 1, su. EUA: r r e Ny himr)(A-C&A INSURED 1ASURL National Specialty In urance Company Upland JRurity Group Inc. PPO#1197914 INSURE c. Z,2)ociala1615 Fr St� �201 INSURER :Sant na C J1 INSURERCOVERAGES CERTIFICATE NUMBER: EVIsibfi humMilt,. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED ITO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY C O NTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN RED CED BY PAID CLAIMS. ILTR TYPE OF INSURANCE INSD WVD SUER POLICY NUMBER MM DPOLIC DC MMIDIDPOLICY El(P LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000,00 CLAIMS-MADE OCCUR DAMAG ( NTE PREMISESS Ea occurrence) $ 50,000,00 MED EXP(Any one person) $ 10,000.00 A Y Y GLO-083170 08/ 412023 08/14/2024 PERSONAL&ADV INJURY $ 1,000,000.00 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000.00 POLICY a PRO- JET ©LOC PRODUCTS-COMP/OP AGG $ 2,000,000.00 I OTHER: j Self Insured retention $ 2,500 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accidentl $ 1,000,000,00 ANY AUTO ODILY INJURY(Par person) $ B V OWNED V SCHEDULED Y Y 73APB007393 10/ 6/2023 10/26/2024 0DILYINJURY Per accident) $ /� AUTOS ONLY /� AUTOS t X /�HIRED V NON-OWNED 'ROPER DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident $ UMBRELLA LIAB X OCCUR ACH OCCURRENCE $ 5,000,000,00 C X EXCESS LIAR CLAIMS-MADE Y Y 04171616 08/ 4/202 08/14/2024 GGREGATE $ 5,000,000.00 DED I I RETENTION S $ 5,000,000,00 WORKERS COMPENSATION ! PER OTH. AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY OFFICERIMEMBER EXCLUDED?ECLITIVE NIA Y E.L.EACH ACCIDENT $ (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below 1L.DISEASE-POLICY LIMIT $ Professional Liability A Y Y GLO-083170 08/14/202 i 08/14/2024 1,000,000/1,000,C DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be atta hod if more space Is require ) The below certificate holder to be named additional insured,City of Santa Ana,its City Coun il,its officers,officials employees,agents,and volunteers are to be covered as additional insureds with respect to liability arising out of worl or operations perfo ed by or on behalf of the Contractor Including materials,parts,equipment,and personnel fumished in connection with such Work or operatio .Blanket Primary non Contributory wording and Blanket Waiver of Subrogation Included `30 day notice of cancellation applies. CERTIFICATE HOLDER CANCELLATION City of Santa Ana SHOULD ANY OF,THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 20 Civic Center Plaza THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORD ACE VIIITH THE POLIO PROVISIONS. Santa Ana,CA 92701. AUTHO ENT E ,��°"�H�F RAManagpmad DMsion Doug i o S 3 REvi wED 6 APPROVED BY: �® Risk Management Specialist ©1988- 0 D C g p ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD