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HomeMy WebLinkAbout25C - AGMT - GRANT EFFECTIVENESS RPTREQUEST FOR COUNCIL ACTION APRIL 7, 2015 TITLE: AGREEMENT WITH FILLER SECURITY STRATEGIES, INC., FOR A GRANT EFFECTIVENESS REPORT (STRATEGIC PLAN GOAL NO. 1, 5) moo_ CITY MANAgIff RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute an agreement with Filler Security Strategies, Inc. for a Grant Effectiveness Report, authorized under the FY 2014 Urban Areas Security Initiative federal grant in an amount not to exceed $37,500, subject to non - substantive changes approved by the City Manager and City Attorney. The performance period for completing this report is January 14, 2015 to May 21, 2016. DISCUSSION The United States Department of Homeland Security has developed the Urban Areas Security Initiative (UASI) funding program. UASI is designed to address the unique planning, equipment, training, and exercise needs of high- threat, high- density Urban Areas and provides funds to local emergency first responders that assist in building an enhanced and sustainable capacity to prevent, protect, respond to, mitigate and recover from acts of terrorism. The grant specifically provides funding for anti - terrorism equipment, planning, training, exercises and technical assistance. In FY 2006 the United States Department of Homeland Security combined the Anaheim UASI and the Santa Ana UASI into a single Urban Area. The City of Santa Ana now shares grant administrative responsibilities with the City of Anaheim, annually alternating the function of lead administrative agency. The City of Anaheim is the lead agency for FY 2014 funding and is therefore the UASI sub - grantee, with the City of Santa Ana designated as a sub - recipient through Anaheim. 25C -1 Agreement with Fuller Security Strategies, Inc. April 7, 2015 Page 2 The Grant Effectiveness Report (GER) will qualitatively and quantitatively document progress made by the Anaheim /Santa Ana Urban Area (ASAUA) in building core capabilities, reducing risk and enhancing regional preparedness. The GER will demonstrate the effectiveness of grant Investments, while building on the foundation of the Threat Hazard Identification Risk Assessment (THIRA), State Preparedness Report (SPR) and the grange County Urban Area Grant Strategy for a long -term approach to measuring overall preparedness and risk management. The ASAUASI is seeking to hire Filler Security Strategies inc., (FSS) to produce the GER because of their capability and experience In producing this type of report. This report is an update to the report FSS completed for our UASI In 2011, FSS is very familiar with the concept, methodology and approach to writing such a report In that they have produced them in the past for the State of California, other California UASIs, as well as the Anaheim /Santa Ana UASi, Competitive quotes were obtained from two other vendors and FSS was determined to be the lowest, most qualified vendor. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal # 1 Community Safety, Objective #5, (provide high quality Police and Fire /Emergency Medical Services response within the City of Santa Ana). FISCAL [ EA9 Funds are available In the FY2014 UASI Grant Fund accounting no. (12514491-52300), 1.+ �%° •° Fray- 4��ai" '�L� +x�,r Carlos Rojas Chief of Police Santa Ana Police Department 'k fe w n a, k- A�) " \ P Francisco Gutierrez,. Executive Director Finance and Management Services 25C -2 AGREEMENT TO PREPARE A GRANT EFFECTIVENESS REPORT THIS AGREEMENT, made and entered into this 7`h day of April, 2015 by and between FILLER SECURITY STRATEGIES, Inc., a Maine corporation (hereinafter "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 (hereinafter "City "). RECITALS A. City, acting through the Santa Ana Police Department in its capacity as a Core City and lead agency for the Anaheim / Santa Ana Urban Area under the Urban Areas Security Initiative ( "UASI "), has applied for, received and accepted a grant from the federal Department of Homeland Security, Office of Domestic Preparedness, through the State of California, Office of Homeland Security, to enhance countywide emergency preparedness, hereinafter referred to as "the Grant ". B. The City desires to contract with an expert in preparing Grant Effectiveness Reports. C. Consultant represents that it has the necessary skills and experience to provide assistance in developing grant applications, invoicing and processing payment documents in compliance with grant policies, and maintaining guidelines and polices required by grant providers. D. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall develop, prepare, and provide to the City a Grant Effectiveness Report in the format as set forth in Exhibit A, attached hereto and incorporated by this reference. All services required hereunder shall conform in all respects to standards and regulations for funding by the U,S. Department of Homeland Security, and the California Emergency Management Agency. Consultant will be responsible for continued training to remain up to date on the management and reporting obligations required of the various Homeland Security Grant funds. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for the report and associated services an amount not to exceed $37,500.00 during the tern of this agreement. 25C -3 b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. USE AND OWNERSHIP OF DOCUMENTS It is understood by and agreed to between the parties that all written papers or materials prepared pursuant to this Agreement, paid for with Grant funds, or composed utilizing information provided by City, shall be the property of City and shall be delivered to City upon completion of the services hereunder. 4. TERM This Agreement shall commence on the date first written above and terminate on May 21, 2016; unless terminated earlier pursuant to Section 13, below. 5. INDEPENDENT CONTRACTOR Consultant 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, ajoint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (e) contain standard separation of insureds provisions. 25C -4 b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. c. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled without thirty (3 0) days prior written notice to the City. Ten (10) days notice if cancellation is due to non - payment of premium. d. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. 7. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, and special counsel from liability for personal injury, or just compensation, arising out of claims for personal injury, including death, and claims for property damage, to the extent they arise from the negligent or willful misconduct in the performance of operations or errors or omissions of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section I of this Agreement. 8. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality (d) is required to be 25C -5 disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. s�effl_ 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 facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Facsimile (714) 647 -6956 With courtesy copies to: and Santa Ana Police Department UASI / Homeland Security Division 60 Civic Center Plaza P.O. Box 1981 (M -97) Santa Ana, California 92702 Facsimile (714) 245 -8745 Attn: Sergeant Brad. Hadley City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 647 -6515 To Consultant: Mr. Joshua Filler Filler Security Strategies, Inc. 1250 Connecticut Ave., NW, Suite 200 Washington, DC 20036 Office (202) 261 -6560 Email: jfiller @fssconsulting.net 25C -6 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 facsimile, 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. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, that terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. lft �Y419011►`9Ifir191 This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: As a condition of such payment, the Police Chief may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property o f the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. 14. DISCRIMINATION Consultant shall riot discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or 25C -7 other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Consultant shall, throughout the term or this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. CONSULTANT CERTIFICATIONS a. Audit Records - With respect to all matters covered by this agreement all records shall be made available for audit and inspection by the City, the grant agency and /or their duly authorized representatives for a period of three (3) years from the termination of this Agreement. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Consultant 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, Consultant shall make said documents, papers and records available to City and the agency from which City received grant fiords or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Consultant, upon request during usual working hours. b. Consultant 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. C. 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 Consultant 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. 25C -8 d. Americans with Disabilities Act of 1990 - (ADA) Consultant must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. e. 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 ". £. Civil Rights Compliance and Notification of Findings - Consultant will comply, and all its contractors (or subrecipients) will comply, with the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789 (d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title ll of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; 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 Consultant 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 Consultant will forward a copy of the findings to the City which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. g. Consultant 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 CPR chapter 60), as applicable. h. Consultant will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Copeland "Anti- Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3), as applicable. i. Consultant will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Davis -Bacon Act (40 U.S.C. 276a to 276 ,1-7) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. j. Consultant will comply, and all its contractors (or subrecipients) will comply, with all requirements of Sections 103 and 107 of the Contract Work and Safety Standards Act (40 U.S.C. 327 -330) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. k. Consultant will comply, and all its contractors (or subrecipients) will comply, with all applicable standards, orders or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the Environmental Protection Agency regulations (40 CFR part 15), as applicable. 25C -9 1. Consultant will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Energy Policy and Conservation Act (Pub. L. 94 -163, 89 Stat. 871), (53 FR 8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19645, Apr. 19, 1995), as applicable. M. Consultant agrees that the Department of Homeland Security shalt have the authority to seek patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement. 18. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's, fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN 'WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: JAut'' Pc • Laura A. Rossini Senior Assistant City Attorney CPTY OF SANTA ANA, a municipal Corporation of the State of California DAVID CAVAZOS City Manager FILLER SECURITY STRATEGIES, Inc. JOSHUA FILLER President 25C -10 RECOMMENDED FOR APPROVAL: CARLOSROJAS Chief of Police 25C -11 EXHIBIT A SCOPE OF WORK FILLER SECURITY STRATEGIES, INC. 25C -12 rLLER STRATEGIES, Grant Effectiveness Report - Proposed Scope of Work The Grant Effectiveness Report CGER) will integrate findings from prior risk, capability, and investment data into a broader evaluation of the impact that Urban Areas Security Initiative funded investments from FY 2009 through FY 2013 have had on the Anaheim Santa Ana Urban Area's (ASAUA's) state of preparedness, In doing so, the report will answer the following questions, • Has the grant program helped the ASAUA better understand and document the threats and hazards that pose a risk to the urban area? • Has the grant program helped the ASAUA better identify, document and prioritize Core Capabilities needed to address high risk threats and hazards? • Has the grant program helped the ASAUA identify and document its gaps and strengths in those priority Core Capabilities? • Has the ASAUA invested its grant funds in its priority Core Capabilities? • Glow have grant investments improved the ASAUA's priority Core Capabilities as demonstrated during an incident e.g., terrorism threats or events and natural disasters (real or simulated)? • What are any remaining gaps in priority Core Capabilities? • How have or will cuts in grant funding to the urban area impact its level of ability across its priority Core Capabilities? These questions will be addressed through the following tasks over the following timeline as outlined in the table below: 2015 ASAUA UER SOW 25C -13 r I ER SECURITY STRATEGIES, INC. 2015 ASAUA GER SOW 25C -14 Timellne Task Task 1: Review available risk, capabilities assessment, and other relevant data. 2 months • Hold project kick-off ineetingwith regional stakeholders. • Actual UASI grant expenditure data from FY 2009 through FY 2013 through Grant Workbooks and other data sets. • UASI Investment Justifications. • Most current THIRA and other risk assessment data. • Any capability assessment and gap analysis data. • Actual major products /deliverables developed through UASI funds (i.e., if planning funds were used to create /revise /enhance a plan). • Any metrics data collected on products /projects funded through UASI (e.g., "we used UASI funding to build a community preparedness website that has gotten a certain number of hits and enabled a certain number of discrete downloads "). • Training output data (e.g, the number of people trained through UASI funding, what disciplines, what courses). • Exercise data (including how many /what types of exercises were funded through UASI, the number of people and disciplines involved, the after action reports (AARs) from those exercises; should also include other exercise AARs that may not have been directly funded through UASI but that tested skills that were bolstered through the grant funds). • Real -world event AARs to see how capabilities built /enhanced through UASI funding actually performed during real events with a focus on evaluating the capabilities in place during each of these incidents and the extent to which grant funding impacted the performance of those capabilities during the incident response. • Homeland security strategy /hazard mitigation plans. • Previous assessment information on specific issues, e.g., Bomb Squad assessments Task 2: Conduct interviews and collect supplemental data. 6 weeks • Conduct a series of telephone interviews with local subject matter experts to collect additional data and add context and meaning to the written data collected in task one. • Put together a set of questions after the initial data review is done and then send those questions out ahead of time. Then conduct the interview and take notes. Task 3: Analyze data. Use these different data inputs to determine how the region invested 6 weeks UASI grant funds to build, enhance, or sustain capabilities. This will involve the following; • Identify linkages across risk, capabilities, and historical spending, and identify correlations between historical grant expenditures, the region's strategic priorities, and risk -based capability gaps facing the region. • Ensure data is coded to reflect alignment with appropriate analytic frameworks, including: • Core Capabilities • Goals and objectives in the ASAUA Homeland Security Strategy. • THIRA capability targets • Prevention, protection, response, recovery, and mitigation • Summarize high -level trends in risks, capabilities, and grant investments to demonstrate the positive impact of the UASI program in the region, using existing analysis. 2015 ASAUA GER SOW 25C -14 FILLER SECURITY STRATEGIES, INC. • Determine how capabilities strengthened through the UASI program actually performed during real -world events and major exercises. Task 4: Consolidate analysis into a comprehensive UASI Grant Effectiveness Report that 6 weeks documents any major accomplishments and specifically evaluates the potential effectiveness of UASI funding and the potential consequences of funding cuts. • Send out draft report for review by subject matter experts. • Hold additional conference calls with SMEs as needed. • Deliver final report and provide final power point out -brief to regional public safety and homeland security leaders. Total 6.5 months Travel N/A Price: Firm fixed price of $37,500 2615 ASAUA GER SOW 25C -15 25C -16