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HomeMy WebLinkAboutSIEMENS INDUSTRY, INC. (11) i MAYOR CITY MANAGER Valerie Amezcua Alvaro Nunez MAYOR PRO TEM }� CITY ATTORNEY Benjamin Vazquez So is R.Carvalho COUNCILMEMBERS I' CITY CLERK Phil Bacerra Jennifer L.Hall Johnathan Ryan Hernandez Jessie Lopez David Penaloza Thai Viet Phan CITY OF SANTA ANA POLICE DEPARTMENT 60 Civic Center Plaza•P.O.Box 1981 Santa Ana,California 92702 www.santa-ana.org/ March 6, 2025 Benjamin Peeples Area General Manager Siemens Industry, Inc. 6141 Katella Avenue Cypress, CA 90630 RE: Third Amendment to Master Services Agreement between Siemens Industry, Inc. and the City of Santa Ana for On-Going City-wide Surveillance to Provide Maintenance nd Repair Services (Agreement No. 2022-213-01) Mr. Peeples, On October 29, 2024, the City of Santa Ana ("City") entered into a Third Amendment to'the Master Services Agreement with Siemens to provide the City with On-Going City-Wide Surveillance ("Third Amendment"). I am writing to advise that the City does not have the additional required funding of$30,000 to add to the originally contracted cost and Siemens advised that it could not complete the project by December 31, 2024 which was the expiration of the original funding. Based on the foregoing, the City will not be moving forward with the project and therefore, the Third Amendment to the Master Services Agreement is deemed null and void. If the information in this letter is inconsistent with Siemens understanding, please advise in writing. Resp(eyctfully ROBERT RODRIGU Chief of Police Attachment: Third Amendment to Master Services Agreement (No. A-2022-213-01) cc: Jennifer Hall, City Clerk Stephen Rhyner, Emergency Operations Coordinator SANTA ANA CITY COUNCIL Valerie Amezcua Benjamin Vazquez The Viet Phan Jessie Lopez Phil Bacerra Johnathan Ryan Hernandez David Penaloza Mayor Mayor Pro Tem,Ward 2 Ward 1 Ward 3 Ward 4 Ward 5 Ward 6 vamezcua@santa-ana ora hvazo d;;.santa-ana orq tohanfa�santa-ana ora IessieloPeZno Sam.-ana ora pbacerrapsanta-ana orq IrVanhernantlezra7santa-ana.orq doeneeoz no t_ INSURANCE NOT ON FILE A-2022-213-01 WORK MAY NOT PROCEED CITY CLERK DATE:NOV 0 4 202/, THIRD AMENDMENT TO MASTER SERVICES AGREEMENT D . P C-') FOR ON-GOING CITYWIDE VIDEO SURVEILLANCE TO PROVIDE CSAeJe- Y�h�n''+)^M'- MAINTENANCE AND REPAIR SERVICES THIS THIRD AMENDMENT to the above-referenced agreement is entered into on October 29, 2024, by and between Siemens Industry, Inc. ("Consultant") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California("City"). RECITALS A. On October 20, 2020, the City and Consultant entered into a Master Services Agreement(A- 2020-202) ("MSA") for Consultant to provide maintenance and repair services for the City's Public Safety Video Surveillance System, and potential installation services, on an as-needed basis. Consultant was responsible for working closely with the City's Project Team and other City Stakeholders,in order to maintain the system's efficiency and operational currency within the industry. The MSA is currently in effect through October 31, 2025. B. On May 17, 2022, the Parties entered into a First Amendment to the Agreement (A-2022- 075) to increase the scope of services, increase compensation, and amend the insurance requirements related to the expanded scope of services. C. On October 18,2022,the Parties entered into a Second Amendment(A-2022-213),to increase the scope of services and compensation for services to cover costs for the replacement of vandalized equipment. D. On August 20, 2024, Santa Ana City Council approved Resolution no. 2024-049 to obtain FY2023 Emergency Management Performance Grant("EMPG")grant funds in the amount of $46,342.These funds were awarded to the City through the County of Orange for the purchase and installation of two security cameras on Bristol Street in Santa Ana to enhance public safety. E. The parties now desire to further amend the MSA by amending the scope of services to include the purchase and installation of two security cameras on Bristol Street. The addition of these services will not increase the not to exceed amount of the MSA as the City will be reimbursed for costs through the FY23 EMPG award referenced in Recital D above. Maintenance for the two new cameras will be covered by the existing MSA and will not increase the current maintenance fees. F. In order to comply with Federal Regulations, City has updated its requirements for Contractors who work on projects paid for with Federal Grant money. The parties wish to incorporate the Federal Requirements attached hereto as Exhibit H into the MSA,as previously contemplated by the parties in the MSA. The Parties therefore agree: 1. Section 1,Scope of Services,is amended to add Exhibit A-2,attached and incorporated herein which details the additional services Consultant will now provide. 2. Resolution No. 2024-049 and the Staff Report to the City Council, dated August 20, 2024 attached hereto are incorporated into MSA as Exhibit G and G-1 respectively. 3. Federal Regulations, attached hereto are incorporated into MSA as Exhibit H, as previously contemplated by the parties in the MSA. 4. Except as modified by this Third Amendment, all other terms and conditions of the MSA, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to the MSA on the date and year first written above. ATTEST CITY OF SANTA ' ►ate X ` 147 - ithfer ,le Ha LVARO NUNEZ • City Manager APPROVED AS TO FORM CONSULTANT SONIA R. CARVALHO, City Attorney Electronically signed by: Benjamin Peeples By: --^ Date:Oct 30,2024 11:32 PDT T MARA OGOSIAN Name: Senior Assistant City Attorney Title: Benjamin Peeples,Area General Manage RECOMMENDED FOR APPROVAL K--- h. C_/ ROBERT RODRIGUEZ Acting Chief of Police EXHIBIT A-2 SIEMENS jtngeveni -for-Life_ SERVICE PROPOSAL Jonathan So 6141 Katella Ave. Date: February 5th, 2024 Cypress, CA 90630 Proposal No: CSA020524 Phone: (657) 298-0954 Proposal: Stephen Rhyner 60 Civic Center Plaza, Santa Ana, CA 92701 Scope of Work: • Node 4 and Node 3 (Bristol and Mcfadden)/(Bristol and Santa Ana). • Siemens has been asked to provide redundant coverage for Bristol/Mcfadden and Bristol/Santa Ana. Each of these intersection cameras will have 5 points of view under one Camera Housing. • In addition to this, all communication from each point will have wireless communication,pointing back over to Santa Ana Police Department,where there is existing network at the Police Department. • Each intersection will have(1)Multi-Imager, (1)PTZ, (1)Nema Rated Enclosure, (1)Network Switch, (2) Power Injectors, and(2)Antennas(wireless communication)per pole. • **It is expected that the City provide power at each pole for each of the two intersection cameras. • Siemens will test,commission,and program to ensure complete operability. Material Break-out: QTY Description Material Cost Extended Cost 2 Multi-Imager Camera $ 1,652.56 $ 3,305.12 2 PTZ-30X IP66 $ 2,475.92 $ 4,951.84 2 Pole Strap Mounts $ 129.14 $ 258.28 2 Pole Mount for Camera $ 155.19 $ 310.38 2 Power Injectors $ 182.21 $ 364.42 2 Rugged Switch $ 241.05 $ 482.10 2 Outdoor Nema Rated Enclosures $ 364.10 $ 728.20 6 Etherhaul PoE Odu with Integrated Antenna $ 1,375.20 $ 8,251.20 6 Supply Plan 3 Year $ 330.00 $ 1,980.00 6 Siklu Mounting Kit for.5ft Antenna $ 154.00 $ 924.00 Upgrade from 500 to 1000MPBS(Capacity 6 License) $ 350.00 $ 2,100.00 6 Poe Injector for Siklu Radios $ 116.00 $ 696.00 6 Surge Protectors $ 125.00 $ 750.00 QTY Description Rates Extended Cost Camera Installation with Nema Rated 10 Enclosures,Mounting,and Switch Configuration $ 225.00 $ 2,250.00 32 Node,2,3,4,and 7 Installation $ 225.00 $ 7,200.00 Node 2,3,4 and 7 Angling for Point to Point 8 Communication $ 225.00 $ 1,800.00 16 Testing,Programming,and Commissioning $ 225.00 $ 3,600.00 Hardware $ 25,101.54 Labor $ 14,850.00 Tax @ 9.25% $ 2,321.89 Budget Total $ 42,273.43 Terms of Payment: Ix I Net 30 days Proposal Accepted: Proposal Submitted: Siemens Industries, Inc. is authorized to Proceed with the work as proposed: Siemens Industry, Inc. Sign Sign G, Print Print Jonathan So Title Title Security Client Service Manager Date Date February 6th, 2024 P.O # TERMS AND CONDITIONS OF SALE (Service Sales) By accepting this proposal,Purchaser agrees to be bound by the following terms and conditions unless otherwise Indicated herein: 1. SCOPE OF WORK This proposal Is based upon straight time labor and excludes all plastering,patching and painting. Any request by the Purchaser for overtime work shall be considered an extra. In line devices such as valves,dampers,humidifiers,Immersion wells(separable sockets),pressure taps,liquid flow switches,orifice plates,orifice flanges,etc.,which may be furnished hereunder shall be distributed and installed by others under Siemens Building Technologies,Inc.(hereinafter call "Seller")supervision and at no additional cost to Seiler. Purchaser agrees to provide Seller with required field utilities(electricity,toilets,drinking water,project hoist and elevator service,etc.) Seller agrees at all times to keep the job site clean of debris arising out of its own operations,and Purchasing shall in no event back charge Seller for Purchaser's cleanup costs without Seller's written consent. 2. REMITTANCES all Invoices shall be due and payable In United States currency,free of exchange,collection,or any other charges,upon receipt or as otherwise agreed upon and set forth in writing by Seller. The Purchaser,if so requested agrees to furnish Seller with all Information including financial statements,necessary to make a proper credit appraisal. Refusal to supply such information may cause this proposal to be withdrawn. Terms of payment originally granted are subject to the approval of continued credit status.Prices are subject to correction for error. 3. PAYMENTS Seller reserves the right to render invoices from time to time as the work progresses,which shall be due and payable as provided in the paragraph entitled "Remittances". If the Purchaser becomes overdue In any progress payment,including retention,Seller shall be entitled to suspend work,entitled to interest at the annual rate of 18%or the maximum rate permitted by the laws of the State of Illinois,and/or avail itself of other legal remedies. 4. INCREASED COSTS the price specified in this proposal is based upon labor,material and equipment costs("Base Costs")in effect on the date hereof. Seller shall be reimbursed for costs Incurred in excess of Base Costs,plus reasonable overhead and profit,provided such excess costs are incurred for reasons beyond the control of Seller. If the materials or equipment Included In this proposal become temporarily or permanently unavailable for reasons beyond the control and without the fault of Seller,then In the case of such temporary unavailability,the time for performance of the work shall be extended to the extent thereof,and in the case of permanent unavailability, Seller shall(a)be excused from furnishing said materials or equipment,and(b)be reimbursed for the difference between the cost of materials or equipment permanently unavailable and cost of a reasonably available substitute therefore. 5. MATERIALS Seller will immediately undertake to purchase the materials required by the contract and will suitably Insure and store the materials on the job site or at other storage facilities. Purchaser agrees to pay for said materials when delivered to the job site or other storage facilities and to pay for the cost of insurance and the cost of storage for said materials. 6. WARRANTY Seller warrants that the equipment furnished by It shall be free from defects in material and workmanship arising from normal usage for a period of one(1) year from delivery of said equipment,or If installed by Seller for a period of one(1)year from installation. For equipment installed by Seller,if Purchaser provides written notice to Seller of any such defect within thirty(30)days after the appearance or discovery of such defect,Seller shall,at its option,promptly repair or replace the defective equipment. For equipment not installed by Seller,if Purchaser returns the defective equipment to Seller within thirty(30)days after appearance or discovery of such defect,Seller shall,at its option,promptly repair or replace the defective equipment and return said equipment to Purchaser. At transportation charges incurred in connection with the warranty for equipment not Installed by Seller shall be borne by Purchaser, THESE WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,INCLUDING,BUT NOT LIMITED TO,THOSE OF MERCHANTABILITY AND FITNESS FOR A SPECIFIC PURPOSE. Seller assumes no responsibility for repairs made on Seller's equipment unless done by Seller's authorized personnel,or by written authority from Seller. Seller makes no guarantee with respect to material not manufactured by it. 7. PURCHASER'S REMEDIES The Purchaser's remedies with respect to equipment found to be defective in material or workmanship shall be limited exclusively to the right of repair or replacement of such defective equipment. IN NO EVENT SHALL SELLER BE LIABLE FOR CLAIMS (BASED UPON BREACH OF IMPLIED WARRANTY) FOR ANY OTHER DAMAGES, WHETHER DIRECT, IMMEDIATE, FORESEEABLE, CONSEQUENTIAL, OR SPECIAL OR FOR ANY EXPENSES INCURRED BY REASON OF THE USE OR MISUSE OF EQUIPMENT WHICH DOES OR DOES NOT CONFORM TO THE TERMS AND CONDITIONS OF ANY CONTRACT RESULTING FROM THIS PROPOSAL. 8. TAXES The amount of any future sales,use,occupancy,excise,or other tax,federal,state,or local which Seller hereafter shall be obligated legally to pay,either on its own behalf or on behalf of the Purchaser or otherwise,with respect to the material covered by this proposal,shall be added to such prices and paid by the Purchaser. 9. LOSS,DAMAGE OR DELAYS Seller shall not be liable for any loss,delay,Injury or damage that may be caused by circumstances beyond Its control including,but not restricted to acts of God,war,civil commotion,acts of government,tire theft,corrosion,Floods,freeze-ups,strikes,lockouts,differences with workmen,riots,explosions, quarantine restrictions,delays in transportation,shortage of vehicles,fuel,labor or materials,or malicious mischief. IN NO EVENT SHALL SELLER BE LIABLE FOR BUSINESS INTERRUPTION LOSSES OR CONSEQUENTIAL OR SPECULATIVE DAMAGES,but this sentence shall not relieve Seller of liability for damage to property or injury to persons resulting from accidents caused directly by the negligence of Seller in performance or failure of performance of its obligations under this agreement. 10. GOVERNING LAW Any contract resulting from this proposal shall be governed by,construed,and enforced in accordance with the laws of the State of Illinois. 11. PATENT INFRINGEMENT Seller will hold Its Purchaser and the Owner harmless from infringement of any United States patent covering equipment of its manufacture, This,of necessity,Is limited to the equipment per se and cannot be extended to applications of such equipment in a system,except in writing by an officer of Seller. The Purchaser and Owner shall advise Seller immediately in the event any claims of Infringement are brought to their attention. 12. ACCEPTANCE OF TERMS this proposal shall become a binding contract between the Purchaser and Seller when accepted In writing by the Purchaser. Such acceptance shall be with the mutual understanding that the terms and conditions of this proposal are a part thereof with the same effect as though signed by both parties named herein and shall prevail over any inconsistent provision of said order. 13. ATTORNEYS'FEES Purchaser agrees that he wit pay and reimburse Seller for any and all reasonable attorneys'fe es which are incurred by Seller in the collection of amounts due and payable hereunder. 14. INSURANCE Insurance coverage In excess of Seller's standard limits will be furnished when requested and required. No credit will be given or premium paid by Seller for insurance afforded by others. 15. CANCELLATION AND SUSPENSION any contract resulting from this proposal is subject to cancellation or Instructions or suspect work only upon agreement to pay Seller's adjustment charge. 16. CERTIFICATION The person whose signature appears on the attached hereof hereby certifies that,to this best knowledge and belief,the annexed bid is not the result of any agreement,arrangement or understanding between the bidder and any other manufacturer or seller of automatic temperature control systems and that the prices, terms or conditions thereof have not been communicated by or on behalf of the bidder to any such person and will not be communicated to any such person prior to the official opening of said bid. EXHIBIT G . SAiy. Police Department www.santa-ana.org/police Item # 36 iF OPF, City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report August 20, 2024 TOPIC: FY 2023 Emergency Management Performance Grant AGENDA TITLE Resolution, Agreement, and Appropriation Adjustment Accepting the FY 2023 Emergency Management Performance Grant (Non-General Fund) RECOMMENDED ACTION 1. Adopt a resolution authorizing the City Manager to act on behalf of the City of Santa Ana for obtaining federal funds related to homeland security, emergency management, and/or disaster recovery provided by the U.S. Department of Homeland Security and sub-granted through the State of California and the County of Orange. RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE(S) TO OBTAIN 2023 EMERGENCY MANAGEMENT PERFORMANCE GRANT FUNDS THROUGH THE COUNTY OF ORANGE 2. Authorize the City Manager to execute a two-year agreement with the County of Orange for the period of July 1, 2023 through June 30, 2025, for the FY 2023 Emergency Management Performance Grant in an amount not to exceed $46,342 (Agreement No. 2024-XXX). 3. Approve an appropriation adjustment recognizing $46,342 in Law Enforcement Grants revenue account and appropriating same to the Emergency Management Performance Grant expenditure account. (Requires five affirmative votes) GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The Emergency Management Performance Grant (EMPG) is funded by the U.S. Department of Homeland Security and passed through the State of California Office of FY 2023 Emergency Management Performance Grant August 20, 2024 Page 2 Emergency Services. The EMPG grant is designed to assist state and local emergency management and disaster preparedness programs with employment and development of emergency management staff, development of emergency plans and procedures, and preparing cities for disaster response. The EMPG grant is distributed by population to counties and cities that maintain emergency management staff and meet training, exercising, and reporting requirements. The County of Orange, Sheriff-Coroner Department is the lead agency for the County. In March 2023, the Police Department submitted an initial application for the FY 2023 EMPG Grant and has been awarded $46,342. The Police Department will utilize this funding to purchase and install two security video cameras on Bristol Street to enhance public safety. The grant requires a dollar-for-dollar match. Existing Police Department funding of the Emergency Operations Coordinator position fulfills the requirement for matching funds. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The appropriation adjustment will recognize $46,342 in Law Enforcement Grants, Federal Grant-Indirect revenue account (no. 12814002-52001), and appropriate same to FY23 EMPG Grant expenditure account (no. 12814414-66400) as follows: Fiscal Year Accounting Unit Fund Accounting Unit, Amount —Account No. Description Account Description FY 24-25 12814414-66400 Law Enforcement EMPG Grant, Machinery $46,342 Grants & Equipment Total $46,342 EXHIBIT(S) 1. Resolution 2. FY 2023 EMPG Transfer Agreement with County of Orange Submitted By: Robert Rodriguez, Acting Police Chief Approved By: Alvaro Nunez, City Manager EXHIBIT G-1 RESOLUTION NO, 2024-049 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE(S) TO OBTAIN 2023 EMERGENCY MANAGEMENT PERFORMANCE GRANT FUNDS THROUGH THE COUNTY OFORANGE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The State of California Office of Emergency Services is responsible for implementing the United States Department of Homeland Security's Emergency Management Performance Grant Program (EMPG). The funds cover the salary costs for personnel involved in emergency management activities as well as the cost of miscellaneous equipment identified on the OHS approved equipment list. B, The County of Orange is a subgrantee of the 2023 EMPG funds and will provide funds to local governments for implementation of countywide emergency management capabilities. • C. The City of Santa Ana is one of the subrecipients of the EMPG funds and has been allocated $46,342 of the County of Orange's EMPG fund. Section 2. The City Council of the City of Santa Ana hereby authorizes the City Manager, on terms acceptable to the City Attorney, to execute a subrecipient transfer agreement (also called a transfer agreement) with the County of Orange and/or Orange County Sheriffs Department in an amount not to exceed $46,342. Section 3. The City Council of the City of Santa Ana hereby authorizes and directs the City Manager or the City Manager's designee, on terms acceptable to the City Attorney, to prepare reimbursement agreements for salary costs, equipment, services, or training with the County of Orange pursuant to the guidelines set for in the EMPG program and EMPG Articles, Assurances, Certifications, Terms and Conditions. Section 4. The City Council of the City of Santa Ana hereby approves an Appropriation Adjustment recognizing the FY 2023 Emergency Management Performance Grant in the amount of$46,342 and appropriates same in the. FY 2023 Emergency-Management-Performance-Grant-expenditure—accounts. — Resolution No.2024-049 Page 1of2 Section 5. This Resolution shall take effect immediately upon the signing of this Resolution by the City Council and the City Clerk shall attest to and certify this the vote adopting this Resolution. ADOPTED this 20th day of August, 2024, r r Varie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney • By: rJti Nun - RO V\A-- Tamara Bogosian Senior Assistant City Attorney AYES: Councilmembers: Amezcua, Bacerra, Hernandez, Lopez, Penaloza, Phan, Vazquez (7) NOES: Councilmembers: None (0) ABSTAIN: Councilmembers: None (0) ABSENT: Councilmembers: None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached Resolution No. 2024-049 to be the original resolution adopted by the City Council of the City of Santa Ana on August 20, 2024, Date: L �� —1ennifer L`-- all City Cl rk of Santa - Resolution No. 2024-049 Page 2 of 2 Exhibit H—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§200.214 and codified in 2 CFR Part 180,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,or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action concerning the award or renewal of any federal contract, grant, loan, or cooperative agreement. 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 (or subrecipients)will comply,with all requirements of the Copeland"Anti-Kickback"Act(40 U.S.C. 3145)as supplemented in Department of Labor regulations(29 CFR Part 3), as applicable. 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. 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. r. 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. s. 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(I) 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 on 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 Telecommunications 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: (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 produced 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/Subcontracts— Recipient will comply, and all its contractors (or subrecipients)will comply,with all requirements under Uniform Guidance 2 CFR §200.322. Recipient shall comply with the federal and recipient standards in the award of any subcontracts. For purposes of this Agreement,subcontracts shall include but not be limited to purchase agreements, rental or lease agreements,third party agreements,consultant service contracts and construction subcontracts. Recipient shall ensure that the terms of this Agreement with the CITY are incorporated into all Subcontractor Agreements.The recipient shall submit all Subcontractor Agreements to the CITY for review prior to the release of any funds to the subcontractor.The recipient shall withhold funds to any subcontractor agency that fails to comply with the terms and conditions of this Agreement and their respective Subcontractor Agreement. (1) Recovered Materials Recipient 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. Information about this requirement,along with the list of EPA-designated items,is available at EPA's Comprehensive Procurement Guidelines webpage:https://www.epa.gov/smmlcomprehensive- procurement-guideline-cpg-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. (2) Domestic Preference for Procurements Recipient should,to the greatest extent practicable,provide a preference for the purchase, acquisition, or use of goods,products, or materials produced in the United States,This includes, but is not limited to iron,aluminum, steel,cement,and other manufactured products. For purposes of this clause: 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. Manufactured products mean 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. x. Contractual/Legal Remedies for Breach of Contract—Should recipient fail for any reason to comply with the contractual obligations of this Agreement and/or willfully,knowingly or negligently breach any term,condition or requirement of the agreement, City may impose sanctions including but not limited to damages (liquidated damages and or penalties) and/or any other remedy available pursuant to the Agreement of the laws then in effect.