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HomeMy WebLinkAboutItem 21 - Agreement for Urban Area Security Initiative Grant Training Services Police Department www.santa-ana.org/pd Item # 21 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 21, 2026 TOPIC: Urban Area Security Initiative Grant Training Services AGENDA TITLE Agreement with Elite Command Training Corporation for L-960 All Hazards Position Specific Division/Group Supervisor Training (Specification No. 25-151A) (Non-General Fund - UASI) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Elite Training Corporation to provide L-960 All Hazards Position Specific Division/Group Supervisor Training in an amount not to exceed $89,890, for the period of April 21, 2026 through April 20, 2029, with provisions for two, one-year extensions (Agreement No. A-2026-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The United States Department of Homeland Security, Federal Emergency Management Agency, has developed the Urban Areas Security Initiative (UASI), a funding program designed to enhance the ability of major urban areas to prepare for and respond to terrorism and other security threats. This initiative strengthens domestic preparedness by ensuring that UASI funded training programs provide first responders with the equipment and training they need to prevent, respond to, and recover from acts of terrorism. Designated as an Urban Area Core City since 2003, Santa Ana serves as the fiduciary for the region for selected grant years, overseeing grant-funded projects, including the procurement of training, exercises, and equipment for the 34 jurisdictions in Orange County. In an effort to address the unique needs of a high-density, high-threat urban area, the Anaheim/Santa Ana Urban Area (ASAUA) allocates a set percentage of its annual grant allocation to fund training for the Orange County region. With program management from the Santa Ana Police Department Homeland Security Division, the ASAUA Homeland Security Regional Training Program is designed to provide the ASAUA multi- disciplinary stakeholders with regional training necessary to meet the goals and Urban Area Security Initiative Grant Training Services April 21, 2026 Page 2 5 7 1 5 objectives set forth in the ASAUA's homeland security strategy and target capabilities identified in the Threat and Hazard Identification and Risk Assessment (THIRA). The goal of these agreements is to enhance the capabilities of the current program by providing access to a wide range of multi-disciplinary training in support of a comprehensive and regional approach. Request for Proposals (RFP) No. 25-151A was issued on December 23, 2025 on the City’s online bid management and publication system. A summary of vendor participation and results is as follows: 469 Vendors notified 0 Santa Ana Vendors notified 13 Vendors downloaded the RFP packet 4 Responsive proposals received 0 Responsive proposals received from Santa Ana vendors Proposals were solicited, opened on January 22, 2026, and evaluated. Four proposals were submitted by the RFP deadline and deemed responsive to the specifications and met the City’s requirements. An evaluation committee reviewed and rated the proposals according to the criteria listed in the RFP. Staff recommends awarding an agreement to the highest-ranked firm, Elite Command Training Corporation (Exhibit 1). The addition of Elite Command Training Corporation as a vendor will support the Homeland Security Training Program to enhance capabilities across multiple jurisdictions. Elite Command Training will provide L-960 All Hazards Position Specific Division/Group Supervisor courses at $8,989 per offering in an amount not to exceed $89,890 over the course of grant years FY2024, FY2025, and FY2026. If the agreement is extended by using one or both of the one-year options, then FY2027 and FY2028 grant funds will be included under the same “not to exceed” amount. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funding is available in the current FY 2025-26 budget and funding for subsequent fiscal years will be included in the proposed budgets and carryovers for City Council consideration as follows: Fiscal Year Account Unit – Account # Fund Description Accounting Unit, Account Description Amount FY 25-26 12514491-62300 OES UASI UASI CAL OES Anaheim, Contract Services- Professional $8,989 Total $8,989 Urban Area Security Initiative Grant Training Services April 21, 2026 Page 3 5 7 1 5 The account number may change in the future to No.12514407-62300, depending upon which UASI grant fiscal year funds are used for these specific training projects. The remaining $80,901 of the agreement may be expended in any future fiscal year and is subject to future grant approval. EXHIBIT(S) 1. Agreement with Elite Command Training Corporation Submitted By: Robert Rodriguez, Police Chief Approved By: Alvaro Nuñez, City Manager AGREEMENT WITH ELITE COMMAND TRAINING CORPORATION TO PROVIDE L-960 ALL HAZARDS POSITION SPECIFIC DIVISION/GROUP SUPERVISOR TRAINING SERVICES FOR THE URBAN AREA SECURITY INITIATIVE (UASI) GRANT PROGRAM THIS AGREEMENT is made and entered into on this 21s' day of April, 2026 by and between Elite Command Training Corporation, a Washington Corporation, ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On December 23, 2025, the City issued Request for Proposal No. 25-151A ("RFP") seeking a contractor to provide L-960 All Hazards Position Specific Division/Group Supervisor Training for the Urban Area Security Initiative (UASI) grant program. B.These courses are in support of the Anaheim/Santa Ana Urban Area ("ASAUA") Homeland Security Regional Training and Exercise Program and will be funded by a grant awarded to the City by the United States Depaitment of Homeland Security's Urban Areas Security Initiative ("UASI") and administered by SAPD. The ASAUA consists of the incorporated cities in Orange County and the police departments of the University of California, Irvine, California State University, Fullerton, and community colleges in the County of Orange. C. Contractor submitted a responsive proposal to the RFP and represents that it is able and willing to provide such services to the City, pursuant to the Scope of Work detailed in the RFP and attached hereto as Exhibit A to this Agreement. D.In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its iield 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 conditi 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 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 Page l of 9 EXHIBIT 1 City, the rates and charges identified in Contractor's Proposal attached hereto as Exhibit B. The total amount to be expended during the initial term of this Agreement shall not exceed $89,890. b. Contractor agrees and understands that funding for this Agreement is contingent upon awarding of grant funding to the City. Should such funds not be awarded to the City, City may opt to terminate this Agreement pursuant to Section 17, below. c. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Contractor agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of perfori'nance set forth in the Recitals which may reasonably be expected by City. 3.TERM This Agreement shall commence on the date first written above and continue through April 20, 2029, with the option for the City to grant up to two (2) one (l) year extensions, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 17, below. 4.PREY AILING WAGES 1720, et seq., 16000, et seq., rates and the If the services Contractor is aware of the requirements of California Labor Code Section and 1770, et seq., as well as California Code of Regulations, Title 8, Section ("Prevailing Wage Laws"), which require the payment of prevailing wage performance of other requirements on "public works" and "maintenance" projects. being performed are part of an applicable "publi " a the Pre a W La and the total co fully comply with such Prevailing Wage Laws. on is 1000 or more Contractor to Contractor shall defend, indemnify and hold the liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. INDEPENDENT CONTRACTO 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 Page 2 of 9 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 wartaanty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7.INS{JRANCE Insurance requirements attached hereto as Exhibit C. 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 c relief is due b reason of the terms of or effects from this ent. This in and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial 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 C-ity, regarding any acti challenging the validity of this Agreement, or asserting that personal injury, compensation, restitution, judicial or equitable reli reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respectto its representation in any legal proceeding. Notwithstandingthe 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. on by a third-party damages, just Page 3 of 9 9.INTELLECTUAI, 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. 11.CONFIDENTIAI,ITY 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 infori'nation 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 The foregoing obligations of non-use and nondisclosure shall not apply to any f the Contractor disclosed in without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) by this Agreement. informati City. 12. CERTIFICATIO or this Agreement will be partly comprised of federal grant funds. Contractor agrees and understands that it will comply with the terms of the Certifications, noted as Attachments A-I from the RFP, and attached hereto together as Exhibit D, and incorporated by reference into this Agreement. Contractor shall keep itself informed of all City, State and Federal laws and regulations which may, in any manner, affect the performance of it services pursuant to this Agreement. Contractor shall at all times, observe and comply with all such laws and regulations. City and its officers and employees shall not be liable at law or in equity by reason Page 4 of 9 of the failure of the Contractor to comply with this paragraph. 13.CONFLICT OF INTEREST CLAUSE a. The recipient or subrecipient must maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award, and administration of contracts. No employee, officer, agent, or board member with a real or apparent conflict of interest may participate in the selection, award, or administration of a contract supported by the Federal award. A conflict of interest includes when the employee, officer, agent, or board member, any member of their immediate family, their partner, or an organization that employs or is aborit to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from an entity considered for a contract. An employee, officer, agent, and board member of the recipient or subrecipient may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors. However, fl'>e recipient or subrecipient may set standards for situations where the financial interest is not substantial or a gi'ft is an unsolicited item of nominal value. The recipient's or subrecipient's standards of conduct must also provide for disciplinary actions to be applied for violations by its employees, officers, agents, or board members. b. If the recipient or subrecipient has a parent, affiliate, or subsidiary organization that is not a State, local government, or Indian Tribe, the recipient or subrecipient must also maii'>tain written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest mean that because of relationships with a parent company, affiliate, or subsidiary organization, the recipient or subrecipient is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization. c. Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance ofservices specified under this Agreement. No immediate members of either the Ma or C Council Member or an appointed City Official, including appointed board and commission members, as influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Contractor or have any other direct or indirect financial benefit or interest in this Agreement. e. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution f. The Contractor must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement. Page 5 of 9 The Contractor warrants that it is not now aware of any facts wliich conflict with the prohibitions defined above. If the Contractor hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not lii'nited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement. g. Contractor covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported (in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (d) and (e) above. 14.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, teri'nination 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. 15.EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms ofthis Agreement shall prevail. 'lahis Agreement may not be modijied except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or con addition to the terms and conditions hereo shall not bind or obli Contractor or the C . Each party to this Agreement acknowledges that no representations, inducements, promises or patty, which is not embodied herein. f 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. Page 6 of 9 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 perfori'nance specified in the Recitals of this Agreement. 18.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. 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 he brought or arise out of, in connection with or by reason of this Agreement. Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, appro ons necessary for the provision o ces h and required by the laws and regulations of the United States, the State of California, the City of SantaAna o governm agencies. ntractor n e ityimm yan in writing o its to o or maintain permits, censes, approv , waivers, exemptions. Said inability shall be cause for termination of this Agreement. 21.FEDERAL REGULATIONS a. Elite Command Training Corporation shall comply with all applicable contractual provisions required by the United States Office of Management and Budget (OMB), as set for the in 2 CRF Part 200, whether or not expressly set forth in this document, including but not limited to those provisions set forth below. Notwithstanding, anything to the Page 7 of 9 contrary herein, including without limitation, the language in this Agreement, the actual language contained in federal statutes, federal regulations, federally promulgated materials and state statutes, shall control in determining any obligations under federal law in the event of a conflict with any teri'ns, language or provisions contained in this Agreement. Elite Command Training Corporation shall not perform any act, fail to perform any act, or refuse to comply with any requests, which would cause City to be in violation ofthe federal terms and conditions. b. Elite Command Training Corporation shall comply with all Federal Regulations attached hereto as Exhibit E and incorporated by reference to this Agreement. 22.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 With courtesy copies to: Chief of Police Santa Ana Police Department 60 Civic Center Dr. Santa Ana, California 92702 Elite Command Training Corporation A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. Page 8 of 9 23.MISCELLANEOUS PROVISIONS a. b. Eacli undersigned represents and warrants tliat its signature hereii'i below has the power, acitl'iority and right to bind tlieir respective parties to each of the terms of tl'iis Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or dai'nages to City in the event that such autl'iority or power is not, in fact, held by the signatory or is witlidrawn. All Exhibits referenced lierein and attached hereto shall be incorporated as if fully set fortli in the body of this Agreement. n4 WITNESS WHEREOF, the paities hereto have executed this Agreement the date and year first above written. ATTEST:CITY OF SANTA ANA JENNIFER L. HALL City Clerk ALV ARO N[JNEZ City Manager APPROVED AS TO FORM: SONiA R. CARV ALHO City A By: TAMARA BOGOSIAN Senior Assistant City Attorney CONTRACTOR: Title: W'AE RECOMMENDED FOR APPROV AL: Robeit Rodriguez Chief of Police Page 9 of 9 EXmBIT A Scope of Work CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES REQUIREMENTS The purpose ofthis RFP is to identify qualified Contractors capable of delivering homeland security related training courses taught by subject matter experts and/or recognized professionals in the fields listed below and of developing and delivering a broad range of homeland security related exercises ranging from simple workshops to complex multi-discipline, and multi-agency full scale. As a result of this RFP, the ASAUA intends to award agreement(s) to one or more qualified Contractors per category/field. The proposed training courses and exercises must address the unique needs of a high-density, high-threat urban area and shall assist in building enhanced and sustainable capabilities to prevent, protect against, mitigate, respond to, and recover from acts of terrorism. All training course and exercise subject matter must satisfy the Department of Homeland Security terrorism nexus prerequisite. The ASAUA allocates a set percentage of its annual United States Department of Homeland Security's Urban Areas Security Initiative (UASI) grant allocations to fund training and exercises. Once agreements have been executed for successful Proposers, the ASAUA stakeholders will review agency goals and identify training courses they desire to have delivered within the specified grant performance period. The ASAUA Training & Exercise Program Manager will work with the selected training providers to develop a course delivery schedule. ASAUA stakeholders will determine what types of seminars, workshops, drills, or exercises they desire during the specified grant performance period. There is no requirement that proposers submit responses that address both training courses and exercises. The proposer may submit responses that address only providing training courses, only providing exercises, or providing both training courses and exercises. PROJECT BACKGROUND Training courses and exercises uested throu the ASAUA Homeland Secu a R a nal Traini nd Ex Program will be paid in part or in full with funding from the United States Department of Homeland Security's Urban Areas Security Initiative (UASI) grant. Funding from this grant is applied to homeland security related The ASAUA is com of over 3 million of the Cou of Ora e The ASAUA has a a service,Iawenforcement,andpublichealth. UASIgrantmanagementsupportisprovidedbythetwolargestcities in the ASAUA, Santa Ana and Anaheim. These two cities alternate fiscal responsibility and administration of the UASI grant. The City of Santa Ana, through the Santa Ana Police Department, administers the ASAUA Homeland Security Regional Training and Exercise Program. TRAINING COURSE(S) A. ASAUA requires training courses in the following specific disciplines: i. Training Request for: L960: All - Hazards Position Specific Division/Group Supervisor CITY OF SANTA ANA MINIMUM REQUIREMENTS A. Availability to conduct up to a total of ten (10) deliveries of the training by the end of the term of the contract. B. The first training must be conducted no later than May 15, 2026. C. Course Name: L960: All - Hazard Position Specific Division/Group Supervisor D. Course Description: The course will provide local- and state- level emergency responders with a robust understanding of the duties, responsibilities, and capabilities of an effective Division/Group Supervisor on an All-Hazards Incident Management Team (AHIMT). i. Number of Deliveries Being Requested: Up to 10 ii. Number of Students per Delivery: Minimum of 20 students E. Responsibilities of the City of Santa Ana and the Anaheim/Santa Ana Urban Area: i. -Classroom with space to arrange students in groups ii. -Audio/Visual Equipment iii. -Multiple easels, dry erase board, and markers F. Responsibilities of the Training Provider: i. -Laptop ii. -Presentation & training aids. iii. -Professional instruction G. Notice to Respondents: i. AIIresponsestothissolicitationshallbecomepropertyoftheCityofSantaAna, and responses will become public record after issuance of Purchase Order. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. ii. Contractor shall conduct training courses at various locations/venues within the ASAUA. iii. Contractor sliall prepare course flyers, register attendees, i'ecord attendance by signed roster, provide certificates of completions, and verify course completion by the participants. shall be available at the time the training is provided for each of the training courses the proposer has outlined in their proposal. era gu e ines a approv Grant Program an reim urseme un r prior to delivery. Refer to the Cal OES website at: and the DHS website at: https://www.fema.zov/traininz for further information regarding state and federal guidelines for Department of Homeland Security grants. If any portion of the training course occurs outside of the classroom, an Environmental & Historic Preservation (EHP) approval must be obtained from FEMA/Cal OES prior to delivery of the course. The EHP approval is location specific and if an EHP approval is required, one must be obtained for each location where the course is delivered. It shall be the responsibility of the Proposer to complete all of the forms and documentation necessary to obtain the required approvals. The CITY OF SANTA ANA ASAUA Homeland Security Regional Training and Exercise Program Manager will assist the Proposer with the submission of the requests for approval. The City shall not be billed for any costs associated with obtaining these approvals. vi. Contractor shall provide all required training material, handouts, course syllabus and/orwritten curriculum. vii. Contractor shall collect written survey comments/course evaluations from participants at the conclusion of every course offered. Survey/course evaluations will be conducted in a manner specified by the City. A standardized course survey form will be provided to the successful proposers. A record of responses shall be maintained throughout the term of the agreement by Contractor, and organized by training course, date, instructor, etc. Frequently mentioned comments shall be reported to City Project Manager. Electronic reporting shall be made available to the City upon request. viii. City reserves the right to cancel training courses with fourteen (14) calendar days" notice of delivery date. City shall not be charged for the class, travel costs, or training materials by Contractor if cancellation occurs within this period. ix. Contractor shall provide and assign high quality instructors on a consistent basis to deliver the specified courses. x. Allinstructorsshallusethemethodssuggestedbythetrainingprotocolsestablished, such as maintaining and updating each training syllabus; introducing and following objectives for each class; completing training as described; and utilizing training aids such as audio/visual systems. xi. ContractorandallitsinstructorsshallprovideimmediatefeedbacktotheCityviathe ASAUA Homeland Security Regional Training and Exercise Program Manger regardirig all customer requests for new or additional services or to file complaints. xii. Contractor will be paid for services rendered. Training days are generally eight (8) uding-a-one-(-1-)-hour-lunch-breakz-S-chedule-shou Id instruction, there should (4) hours or less of curriculu xiii. Training venues may be provided by the City or by hosting agencies based on the n course. Contractor must a to secure training sites at any the jurisdictions within the ASAUA. xiv. All Contractor-developed courses must be approved by California Office of Emergency Services (Cal OES) for reimbursement under the Homeland Security Grant Program prior to delivery. It is the responsibility of the Contractor to prepare all forms and documentation necessary to obtain all course approvals at its cost. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assistContractorwiththesubmissionoftherequestsforapproval. TheCityshallnot be billed for any costs associated with obtaining these approvals. CITY OF SANTA ANA xv. The anticipated start date of this agreement is Winter of 2026. Usage under this agreement will begin at this time. xvi. Depending on the training or exercise, Contractor's instructors and courses may be required to be California Peace Officer Standards & Training (POST) certified or California State Fire Marshal approved. It shall be the responsibility of the Contractor to obtain all POSTcertifications and California State Fire Marshal course approvals at its cost. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist Contractor with the submission of the requests for certifications and approval. The City shall not be billed for any costs associated with obtaining these certifications and approvals. xvii. Alistof"approved"coursesisavailablefromCalOESatwww.caloes.ca.zovandalist of Federal Emergency Management Agency (FEMA) approved classes is available at www.fema.gov/training xviii. Contractors are responsible for providing all course materials and delivering it to the site(s) of all training at their cost. xix. Contractor must work with the ASAUA Homeland Security Regional Training and Exercise Program Manager and requesting agencies to coordinate the training calendar and venue. xx. When required, Contractor must obtain the applicable certifications for developed courses before training begins. The need for certification will be determined by the ASAUA Training & Exercise Program Manager. It shall be the responsibility of the Contractor to complete all forms and documentation necessary to obtain the required certifications at its cost. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist the Proposer with the submission of the requests for certification. The City shall not be billed for any costs associated with obtaining these certitications. XXi.Contractor will be required to obtain Emergency Medical Association (EMA) or hmergency ivranagement mstitute-(EM-l)ce-rtifi-carionon d-evelopedco-ursesat-its e course CO e CO InS m eria require a Or era certification. Th m a Manager will assist the Contractor with the submission of the requests for certification. The shall not be billed for a costs associated with obtaining these certifications. xxii. Contractor may not charge the City for materials brought to the class that are not uti iz xxiii. Proposers may be selected to provide training based on their expertise within a specific discipline. xxiv. L960: All - Hazards Position Specific Division/Group Supervisor Contractors shall ensure that training participants are members of agencies or organizations located or operating within the ASAUA, or have been approved by the ASAUA Training & Exercise Program Manager or his designee. CITY OF SANTA ANA xxv. Contractorshallensurethat,whenrequired,anEnvironmentalHistoricPreservation (EHP) approval has been issued to the ASAUA before delivery of the training course. It shall be the responsibility of the Proposer to complete all forms and documentation necessary to obtain the required EHP approvals at its cost. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist Contractor with the submission of the requests for approval. The City shall not be billed for any costs associated with obtaining these approvals. IV. DELIVERABLES / REPORTS FOR TRAINING COURSES A. Course Surveys / Evaluations 1. Course surveys/evaluations results will be tabulated and scored by Contractor. Summary of the results will be provided to the ASAUA Training & Exercise Program Manager. 2. Completed course survey/evaluation forms will be provided to the ASAUA Training & Exercise Program Manager within 30 days of delivery of the training course. B. Contractor must provide course flyers for all training courses to be delivered at its cost. C. Contractor must provide to the ASAUA Training & Exercise Program Manager all rosters and sign-in sheets upon completion of the training course for all training courses delivered. Contractor shall maintain a record of all original and electronic copies of all sign-in sheets. D. Contractorshallprovidecertificatesofcompletiontoallstudentsthatsuccessfullycompleteatrainingcourse at the conclusion of the training course and provide copies of the certificates to the ASAUA Training & Exercise Program Manager within 30 days of delivery of the training course. Contractor shall maintain a record of all certificates provided students. V. QUANTITIESFORTRAININGCOURSES Quantities listed herein are estimates and are not to be construed as a commitment. No minimum or maximum is guaranteed or implied. shall be extended to the City. B. All prices are to be F.O.B. destination. Any freight/delivery charges are to be included. C. All uoted shall be in United States dollars and "whole ce " no cent fractions shall be used. There are no exceptions. D. Pricing shall include any and all payment incentives available to the City. E. Proposers are advised that in the evaluation of costs, if applicable, it will be assumed the unit price quoted is correct in the case of a discrepancy between the unit price and an extension. F. Federal and State minimum wage laws apply. The City has no requirements for living wages. The City is not imposing any additional requirements regarding wages. CITY OF SANTA ANA Vll. AWARD FOR TRAINING COURSES A. City reserves the right to reject any or all responses that materially differ from any terms contained in this RFP, from any Exhibits attached hereto, or from any subsequent addenda; to waive informalities and minor irregularities in responses received; and to provide an opportunity for Proposers to correct minor and immaterial errors contained in their submissions. The decision as to what constitutes a minor irregularity shall be made solely at the discretion of the City. B. The City reserves the right to award an agreement to a single Proposer or multiple Proposers. C. The City has the right to decline to award an agreement or any part thereof for any reason. D. City Council approval to award an Agreement pursuant to this RFP will be required. E. Any agreement must be negotiated, finalized, and approved by the recommend Contractor prior to City Council approval. F. RFP specifications, terms, conditions, and Exhibits, RFP Addenda, and Proposals, may be incorporated into and made a part of any agreement that may be awarded as a result of this RFP. Vlll INVOICINGFORTRAININGCOURSES A. Proposer shall invoice the City, unless otherwise advised, upon satisfactory receipt of performance of SerVICeS. B. City will use best efforts to make payments within thirty (30) days following receipt and review of invoice and upon complete satisfactory receipt of peformance of services. C. Invoices shall be emailed to: Sat. Nicholas Lopez Santa Ana Police Department Email: Nlopez5@santa-ana.org D. ii. Invoice num iii. Agreement number iv. Remit to address v. Itemized services vi. Course description vii. Pricing as per agreement viii. Instructor name ix. Number of participants x. Course date(s), and xi. Shall be accompanied by acceptable proof of delivery F. Proposer shall utilize standardized invoices upon request. CITY OF SANTA ANA IX. ACCOUNTMANAGER/SUPPORTSTAFFFORTRAININGCOURSES A. Proposer shall provide a dedicated, competent Account Manager who shall be responsible for the City's account / agreement. The Account Manager shall receive all orders from the City and shall be the primary contact for all issues regarding the Proposer's response to this RFP and any agreement which may arise pursuant to this RFP. B. Proposershallalsoprovideadequate,competentsupportstaffthatshallbeabletoservicetheCityMonday through Friday. Such representative(s) shall be knowledgeable about the agreement, training offered, and able to identify and resolve quickly any issues included, but not limited to order and invoicing problems. C. Contractor's Account Manager shall be familiar with City requirements and standards and work with the City to ensure that established standards are adhered to. D. Contractor's Account Manager shall keep the City and ASAUA Training & Exercise Program Manager informed of requests from departments. EXHIBIT B Costs Proposal RFB NO. 25-151 A (January 22, 2026) Anaheim/Santa Ana UASI L-960 All Hazards Position Specific Division/Group SupervisorTraining (;'()jAjVD Tj?jlJj%fIjV(- 2. COST PROPOSAL Page 17 626-290-6007 iviviv.ehtecotnmanduaining.com EXHIBIT C Insurance Requirements Contractor shall procure and maintain for the duration of the agreement, the following insurance coverages: MINIMUM SCOPE AND LIMIT OF INSURANCE Contractor shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as: * Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. * Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of $1,000,000. In the event Contractor does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance, provided that such policy is endorsed for business use and provides coverage with a minimum limit of $1,000,000. Required policy limits can be met with primary and umbrella/excess insurance policies. @ Workers' Compensation (WC): 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. * Professional Liability (PL): with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1.CGL and AL policies:City of Santa Ana, its City Council, em and volunteers are to be covered respect to liability arising out of work or operations performed its officers, officials, as additional insureds with by or on behalf of the CO 2. CG AL and WC wo or a : Insurance com n ies to waive all a hts of su a a a cil, its officers, officials, em and volunteers for losses paid under the terms of any policy which arise from work performed by Contractor for City. requi insurance cies: orany isco 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 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 notice 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: Santa Ana Police Department, Attention: Nicholas Lopez, Police Sergeant, 60 Civic Center Plaza, M-18, Santa Ana, CA 92701. The name and location of the project or event should be included in the Description of Operations section of each certificate. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City. City may require Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. Verification of Coverage Contractor shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Claims Made Policies If any of the required policies provide coverage on a claims-made basis: 1. The retroactive date must be shown and must be before the date of the contract or the beginning of work. 2. Insurance must be maintained and evidence of insurance must be vided for at least three (3) years after completion of work. icy a rchase "extended work. Subcontractors require maintaininsurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from sub-contractors. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. EXHIBIT D Certifications (Attachments A-G) ATTACHMENT A PROPOSER'S CERTIFICATION Elite Command Training Corp LEGAL NAME OF COMPANY 626-290-6007 PHONE NUMBER 26741 Portola Parkway Suite I E 833 Foothill Ranch 92610 BUSINESS ADDRESS Michael Bryant PRINTED NAME OF AUTHORIZED AGENT Ops Manager TITLE UT! [)'A"Tlt5/2026 :lxte,@ii:teo:ocmssmandtraining.com DIR NUMBER CONTRACTOR LICENSE NUMBER (IFAPPLICABLE) CITY OF SANTA ANA BUSINESS LICENSE NUMBER (PLEASE PROVIDE IF AVAILABLE, BUTNOTREQUIRED UNTIL AND IF AN AWARD /S MADE TO PROPOSER.) Lliis buliciaLiuii? SMALL, LOCAL BUSINESS PREFERENCE Is your fii iii cloiiiiiiig biiialli lucol Liusiiiebb piereieiiu:' rui € Yes, my firm is a small Santa Ana business* € Yes, my firm is a small Orange County business** -- -----2 -N-o,-my firm is not claiming local business preference "Small Santa Ana business shall mean a business certified the state d nt of eneral services as a small business which has a substantial presence through either a headquarters or branch office within the geographical boundaries of the city, and which headquarters or branch office was established prior to the city inviting bids for the respective procurement. "'Smal n a siness ce epa genera services as a sma I business, which has a substantial presence through either a headquarters or branch office within the geographical boundaries blished prior to the city inviting-bids for the re-spective procurement. IF YOU ANSWERED YES, THEN YOU MUST SUBMIT YOUR BUSINESS LICENSE AND CA DEPARTMENT OF GENERAL SERVICES SMALL BUSINESS CERTIFICATION WITH YOUR PROPOSAL. A post office box address within the city shall not qualify as a valid business location. Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between Proposer and the City only after THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONT AIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action ofapproval ofthe Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting her approval ofthe form ofthis document, and its execution, and when it or an exact copy of it has been either delivered to Proposer or deposited with the United States Postal Service properly addressed to the Proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds and certificate ofliability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or Proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because ofthe failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafLi, or Proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certf?cation of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part ofthis RFP. Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. lhaveexaminedtheScopeofServices(Exhibitl)andamqualifiedtoprovideservicesbeingrequested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. PROPOSER'S STATEMENTS: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals, including all Exhibits. I am able to provide the required insurance coverage and endorsements. Upon request,l Will transfer and delivergoods Or ServiCeS tO the City in accordance With Said terms and conditions. CHECK ONE (1) BOX BELOW g I have read, understood and agree to any and all provisions, including but not limited to insurance my proposal submission for consideration. THIS FORM MUST BE COMPLETED AND INCIUDED WlTt-l THE PROPOSAL. PROPOSAIS THAT DO NOT CONTAIN THIS FORM Wlu BE CONSIDERED NONRESPONSIVE. ATTACHMENTB REFERENCES Consultant shall provide three (3) references from other similar public agencies for which services similar to those specified in this RFP have been performed, including contact names and telephone numbers. The respondent grants permission for the City to contact any individuals listed as references for additional information regarding your firm's qualifications. City may disqualify a Proposer if: * References fail to substantiate Proposer's description of services and deliverables provided; or * References fail to support that Proposer has a continuing pattern of providing capable, productive, and skilled personnel, or * City is unable to reach the point of contact with reasonable effort. It is the Proposer's responsibility to inform the point of contact(s) of normal City working hours. List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pazes if required. REFERENCE Customer Name: 'A COun'y F"e Address: 1320 N. Eastern Ave East LA, CA 90063 Contract Amount: $90,000 Department Contact Individua Assistant Chief Jason Ghorban 626-622-5701 Phone Number: Ema,II: Jason.Ghorbani@fire.lacounty.gov Year: 2o25 & 2026 Description of supplies, equipment, or services provided: FEMA Command & General Staff Instructional Courses REFERENCE 3861 Wotsham Ave 949-307-0384 um Email: $7 Contract Amount: 025 & 202 Year: Description of supplies, equipment, or services provided: FEMA Command & General Staff Instructional Courses THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONT AIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. REFERENCE Executive Assistant Tracy McClellan Customer Name: Anaheim FD North Net Training Facility Contact Individual: Address: 2400 E. Orangewood Ave. Phone Number: 714-904-2162 Anaheim, CA 92806 Email:tmcclellan@anaheim.net Contract Amount:$40,000 Year: 2024 & 2025 Description of supplies, equipment, or services provided: AHIMT 0305 Courses THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONT AIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ATTACHMENT C - CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILI1Y, AND VOLUNTARY EXCLUSION This certification is required by the regulations implementing Executive Order 12549, as amended, Nonprocurement Debarment and Suspension, 2 CFR Part 2998, Subpart C, Responsibilities of Participants Regarding Transactions. The regulations were published as Part Vll ofthe May 26, 1988, Federal Register (Pages 19160-19211), and as subsequently amended in 81 Federal Register 25585. (Before completing certification, read instructions which are an integral part of certification) 1. Pursuant to 2 CFR 180.335, the prospective primary participant, (i.e. grantee) certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently excluded or disqualified; b. Have not been convicted within the preceding three years of any of the offenses listed in 2CFR 180.800(a) or had a civil judgment rendered against them for one of those offenses within that time period. c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses listed in 2 CFR 180.800(a); and d. Have not had one or more public transactions (Federal, State or local) terminated within the preceding three years for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospedive participant shall attach an explanation to this proposal. 1{[r['zs4p Date THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ATTACHMENT D - NON-LOBBYING CERTIFICATION The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement- (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions- This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposedbySectionl352,Title31,U.S.Code. Anypersonwhofailstofiletherequiredcertificationshal)besubject to a civil penalty of not less than 510,000 and not more than !>100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed 5100,000 and that all such subrecipients shall certify and,dis%ose acYdin!!A, , Signed: e 1,4r,, (2asvt 't Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM Wlu BE CONSIDERED NONRESPONSIVE. ATTACHMENT E - NON-DISCRIMINATION CERTIFICATION The undersigned consultant or corporate officer, during the peformance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants wiH receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers" representatives ofthe Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. TheConsultantshallfurnishallinformationandreportsrequiredbyExecutive0rderll246ofSeptember24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for pt.irposes of investigation, to ascertain compliance with such rules, regulations, and orders. 1. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with the contract may be canceled, terminated, or suspended in whole construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, I of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided 2. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United THIS FORM MUST BE COMPLETED AND INCtUDED WITH THE PROPOSAL. PROPOSALSTHAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONS1VE. States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation ofthe Chapter- Signed: ntle: Firm: Date: 0';)S (AA // 15 /az-at THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONS €VE. A"fTACHMENT F - NON-COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, orcorporation; thatthe proposal isgenuine and not collusive orsham; thatthe proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal. Note: The above non-collusion affidavit is part of the proposal. Signing this proposal on the signature portion thereofshallalsoconstitutesignatureofthisnon-collusionaffidavit. Proposersarecautionedthatmakingafalse certification may subjed the certifier to criminal prosecution. , proved to me on the basis of satisfactory to be the person(s) who YOLING K, CHOI E Notary Public Signature Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSAIS THAT DO NOT CONTAIN THIS FORM Wlu BE CONSIDERED NONRESPONSIVE. Title of document attached: YOUNG K CHOI NOT ARY PtJBl.lC STATE OF CAI.IFORNM J[JRAT A;fkli F- )\)=h- C-llwa A4!=Jg'tr* Anotarypublicorotherofficercompletingthiscertificateverifiesoiytheidentityoftheindividualwho a the docurnentto whichthis certificate is attached, andnotthehuthfulness, accuracy, orvalidity ofthatdocument. State of California County of Orange Subscribedandswornto(oraffirmed)beforemeonthis 2 dayof% Nsc%i J,ge 8i2026, b7 proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. YOUNG K CHOI Commission #2465608 Commission Expires OCTOBERS, 2027 (949) 455-0057 foothill.postandship.com ATTACHMENT G - SAM.GOV UEI VERIFICATION On April 4, 2022, the federal government stopped using the DUNS Number to uniquely identify entities. Now, entities doing business with the federal government use the Unique Entity ID created in SAM.gov. They no longer have to go to a third-party website to obtain their identifier. This transition allows the government to streamline the entity identification and validation process, making it easier and less burdensome for entities to do business with the federal government. This RFP includes federal funding, and as such, the proposer must provide verification of their SAM.gov UEI and registration status. Please attach your entity's registration from SAM.gov, including UEI and active registration status. Proposer's UEI:J31A) &S EE' k k,' 7 3 '!8 Signed: Date:i / iS lz,ozr,, THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. EXHIBIT E Federal Regulations Exhibit E - Federal Regulations a. Federal Regulations - Recipient must comply witli tlie government cost principles, uniform administrative requirements and aridit reqriireinents 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 - Witl'i 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 arithorized representatives for a period of tl'iree (3) years from tlie 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 sliall 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 arithorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Recipient, ripon request during risual working horirs. d. - 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 reqriired to provide to the agency froin 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 qrialified 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 a aent requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. g. ctmty - o e property, or services provi ed directly or under this ent shall be used for litical a a 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, lnC in Seq. agrees 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 Eqrial 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 Healtli 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 fimds, tlie Recipient will forward a copy of the findings to CITY which will, in turn, submit tlie findings to tlie Office of Civil Riglits, Office of Justice Programs, U.S. Department of Justice. If applicable, recipient will comply with the equal opportrmity clause in 41 C.F.R. 60-1.4(b) in accordance witli Executive Order 11246 as amended by Executive Order No. 11375. j. Eqrial Employment Opportunity - Recipient will comply, and all its contractors (or subrecipients) will coinply, with all requirements of the Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportiinity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Depaitment of Labor regulations (41 CFR chapter 60), as applicable. k. Public Contracts Code - Recipient will comply, and all its contractors (or subrecipients) will comply, witli all reqriirements 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 reqriirements of tlie 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 Hnnrs anrl Safety - Rt'ir':ipient wiil cnmply, anrl am its rrintrartors (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 0.Clean Air Act ntractor agrees to comp e stan issued pursuant to the Clean Air Act, as amended, 42 U.S.C. :§ 7401 et seq. eCO agrees VIO On an an agrees that the CITY will, in turn, report each violation as required to assure notification to the ergency Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. p. Energy and Conservation - Recipient will comply, and all its contractors (or subrecipients) will comply, witli 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 reqriirements 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 tlie Department of Homeland Security shall have the authority to seek patent riglits for any process, product, invention or discovery developed and paid for with funding throrigh this Agreement based on the requirements of 37 CFR§ 401 and any other implementing regulations, as applicable. s. - Recipient may copyright any books, priblications or other copyrightable materials developed in the course of or under tliis 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 rise, for federal governi'nent, SAA and/or City purpose: (1 ) the copyright in any work developed throrigh this Agreement; and (2) any rights of copyriglit to whicli 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 tlie publisher and the language of the priblisher's release form must ensure tlie 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 witliout regard to their race, color, religion, sex, Orl On, 1 ,Or Origin. lnC limited to the follo Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for lnC AGREES lnCOnSplCuOuSp available to employees and applicants for employment, notices to be provided setting -f a a (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qrialified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national orlgin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment becarise such employee or applicant has inquired about, discussed, or disclosed tlie compensation of the employee or applicant or another employee or applicant. This provision shall not apply to ii'istances 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 otlier employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a foiinal 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 tl'iis contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in wliole 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 and the provisions of paragraphs (1) througli (8) in every subcontract or purchase order unless 0 0 , ,SO SuC prOVISlOnS each subcontractor or vendor. The contractor will take such action with to eans of enf such provisions, including sanctions for noncompliance. covered telecommunications equipment or services as a substantial or essential component of any system, or as critical teclu'iology 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 sucl'i entities). (2) For tlie prirpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security prirposes, video surveillance and telecommunications eqriipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Tecl'u'iology Company (or any subsidiary or affiliate of sucli entities). (3) Telecommunications or video surveillance services produced by such entities or using such eqriipment. (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 governinent 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 witli 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 sl'iall ensure that tlie 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 fiinds to the subcontractor. The recipient shall witl'ihold funds to any subcontractor that fails to with the terms and conditions of tliis and tlieir respective Subcontractor Agreement. Recipient shall make maxu'num use of recovered materials that are EPA- designated items unless the product cannot be acquired competitively within a timeframe providing for compliance with tlie contract performance schedule; Meeting contract performance requirements; or at a e prtce. 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/smm/comprehensive- procurement-guideline-cpg-program. The Contractor also agrees to comply with all otlier applicable requirements of Section 6002 of the Solid Waste Disposal Act. (2)Domestic Preference for Procurements Recipient should, to tlie greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. Tl'iis 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 mamifacturing 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 tnetals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates sucli 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 tlie right to terminate the Agreement, reserving all rights under state and federal law. x. Contractual/Legal Remedies for Breacli of Contract - Shorild recipient fail for any reason to comply with the contractual obligations of tliis 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 tl'ien in effect. y. Conflict of Interest - In tlie event a conflict of interest is identified, disciplinary action shall be determined and imposed based on the severity of the violation and may include, but is not limited to, written warnings, suspension, mandatory ethics training, reassigtu'nent of duties, or terinination of employment. All disciplinary action takei'i/imposed, will be documented and handled in accordance with applicable federal, state and local employment laws.