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HomeMy WebLinkAbout _ 4.6(a)--Award Bid Schedule No.5370 to North State Security, Inc. for Security Services GI �" Y � F � � � ° � � � " � � CITY OF REDDING REPORT TO THE CITY COUNCIL MEETING DATE: July 18, 2023 FROM: Kim Niemer, Community ITEM NO. 4.6(a) Services Director ***APPROVED BY*** � �� N,. � � � � � �P � ��� in1 IVi�n er, �ni nit crvle�s irectrar 7;'S17423 ry ip}�in,Ci ana � 7110/2423 kniemer@cityofredding.org btippin@cityofredding.org SUBJECT: 4.6(a)--Award Bid Sched�ule No. 5370 to North State Security, Inc., for Security Services Recommendation Approve and Authorize the following: (1) Award Bid Schedule No. 5370 in the annual base rate of $234,540 to North State Security, Inc.; and (2) Authorize the City Manager, or designee, to execute an agreement with North State Security to provide security services at various City of Redding locations for the term of August 1, 2023, to July 31, 2025, with the option of up to three consecutive one-year renewals. Fiscal Impact Funds for security services were included in the Fiscal Year 2023-25 Biennial Budget for the respective departments. The base annual contract rate is $234,540 that does not include additional manned hourly rates at various locations which are billed monthly per location, specifications, terms and conditions. Alter�natives Action The City Council (Council) could choose to award to another vendor or not to award Bid Schedule No. 5370. This action would reguire staff to prepare and publish a new Request for Proposal and then select and award a contract to a new service provider. The City of Redding (City) would enter into a month-to-month agreement with the current provider, North State Security (N�SS), far the interim period. The bid process was fair and thorough and resulted in an outcome that is unlikely to change, if repeated. Background The City and the Redding Area Bus Authority (RABA) have significant investments in public facilities. Protecting these assets from vandals, burglars, and fire is prudent. The City has Report to Redding City Council July 10, 2023 Re: 4.6(a)--Award Bid Schedule No.5370 to North State Security, lnc. for Security ServicesPage 2 contracted for security services for decades. Per policy, City staff solicited proposals for services before the current contract concludes. NSS is the current security services provider. The scope of work includes a combination of onsite security personnel and patrol services for a variety of City facilities, including City Hall, the Corporation Yard, RABA, Benton Airpark, the Redding Power Plant, the Redding Electric Utility Offices at the Avtech Building, and various City parks. This most recent solicitation resulted in five proposals. One local and four out-of-area agencies participated. Proposals were received from Universal Protection Services, LP dba: Allied Universal Security Services, American Guard Services, Inc., Securitas Security Services USA, United Security Specialties, Inc., and NSS. City staff evaluated each firm's responses in a variety of areas, including years of experience, dispatch services, security officer training programs, expertise, competence and availability of personnel, and reasonableness of cost. The NSS bid received the highest score and was significantly less expensive than the second-place bidder. NSS has demonstrated its ability to adequately staff multiple locations with experienced officers and provide local, 24/7 dispatch. The top three proposal rankings are: 1 — NSS, 2 — American Guard Services, and 3 — Allied Universal Security Services. The review panel unanimously selected NSS to provide these services to the City. Environmental Review This action is not a project within the meaning of the California Environmental Quality Act G�uidelines §§ 15378 and 15061(b)(3) as it proposes an organizational struct�ure change that will not result in any direct or indirect physical change in the environment. Council Priority/City Manager Goals • Budget and Financial Management— "Achieve balanced and stable 10-year Financial Plans for all funds." � Public Safety — "Work to improve all aspects of public safety to help people feel secure and safe where they live, work, and play in the City of Redding." c: North State Security, Inc. Michelle Kempley,Purchasing Attachments ^Bid Tab North State Security Contract City of Redding Security Services Request for Proposal Bid Schedule: 5370 Rates Submitted: May 24, 2023 Monthl Rate: er location, er s ecifications, terms, and conditions: FY 2023-2024 North State United Security Allied Securitas American �ocation: Security Guard NSS 1 Civic Center $1,775.00 $1,369.00 $1,950.00 $1,497.17 $2,813.42 2 Corporation Yard $1,425.00 $1,369.00 $3,100.00 $4,261.83 $4,581.85 3 Solid Waste Transfer/Recycling $695.00 $913.00 $1,130.00 $1,839.50 $964.60 Facilit 4 Redding Area Bus Authority(RABA) $1,465.00 NA $2,200.00 $2,665.00 $361.73 5 Benton Air ark $1,955.00 $1,825.00 $2,100.00 $4,004.00 $3,376.10 6 Ente rise Communit Park $795.00 $913.00 As needed $1,304.33 $1,685.05 7 Redding Aquatic Center/Caldwell $625.00 $913.00 $1,130.00 $1,653.17 $1,688.05 Park 8 Clear Creek Wastewater Treatment $1,340.00 $1,825.00 $1,980.00 $2,608.67 $3,376.10 Plant 9 Redding Power Plant As needed NA Patroi provided $0 No patrol asneeded needed 10 Stillwater Wastewater Treatment Plant $1,095.00 $1,825.00 $1,980.00 $2,608.67 $3,376.10 ll Softball Park,K-1 Ball Field&Tiger As needed As needed As needed $0 As needed Field 12 West Central Landfill $925.00 $456.00 $590.00 $650.00 $422.01 13 REU Offices,Avtech Buildin $475.00 $684.00 $1,130.00 $1,490.67 $1,688.05 14 Parks Restroom Lockup Various $1,440.00 $1,825.00 $1,980.00 $2,608.68 $1,688.05 Locations Listed: 899 N. Market Street(one(1)restroom site), Caldwell Park(faur(4)restroom sites), Bonnyview Boat Ramp—3855 S. Bonnyview(one(1)restroom site), '702 Auditorium Drive(two(2) restroom sites) 15 Sacramento River Trail System/Public See item No. NA Included in $0 $11,253.67 Works Facilities 2 15 Manned Rate 16 Bucke e Water Treatment Plant $1,795.00 $913.00 $1,130.00 $1,820.00 $1,688.05 17 Foothill Water Treatment Plant $660.00 $913.00 $1,420.00 $1,956.50 $2,532.08 18 Pum Station 1 $375.00 $913.00 $1,130.00 $1,304.33 $1,688.05 19 Pum Station 3 $375.00 $913.00 $1,130.00 $1,304.33 $1,688.05 20 Pum Station 5 $375.00 $913.00 $1,130.00 $1,304.33 $1,688.05 21 Dr. Martin Luther Kin Jr. Center $405.00 $456.00 $290.00 $465.83 $602.88 22 South Sacramento River Trail $405.00 $913.00 $1,130.00 $1,304.33 $1,688.05 Restroom 23 Nur Pon Open Space Restroom& $545.00 $913.00 $1,130.00 $1,304.33 $1,688.05 Gate 24 Buckeye Park Restroom& Gate $405.00 $913.00 $1,130.00 $1,304.33 $1,688.05 25 Hi11900 $450.00 $913.00 Not spec'd in $4,959.51 $2,532.08 RFP,unsure of Patrol Re uirements Monthl Total $19,545.00 $22,590.00 $28,890.00 $44,219.51 $54,761.15 Annual Total $234,540.00 $271,080.00 $346,680.00 $530,634.12 �657,133.80 *Per Visit Rate not included in monthly or annual calculations S ecified and/or additional Manned Houri Rate er location at strai ht time: FY 2023-2024 North State United Security Allied Securitas American �ocation: S NSSty Universal Guard 1 Civic Center $26.70 $27.12 $32.97 $30.87 $36.10 2 Corporation Yard $27.75 $27.12 $32.97 $30.87 $3710 3 Solid Waste Transfer/Recycling $27.75 $27.12 $32.97 $30.87 $37.10 Facilit 4 Redding Area Bus A�uthority(RABA) $27.75 $27.12 $32.97 $30.87 $31.60 5 Benton Air ark $27.75 $27.12 $32.97 $30.87 $37.10 6 Ente rise Communit Park $27.75 $27.12 $32.97 $30.87 $3710 7 Redding Aquatic Center/Caldwell $27.75 $27.12 $32.97 $30.87 $37.10 Park 8 Clear Creek Wastewater Treatment $27.75 $27.12 $32.97 $30.87 $37.10 Plant 9 Redding Power Plant $26.70 $27.12 $32.97 $30.87 $31.60 10 Stillwater Wastewater Treatment Plant $26.70 $27.12 $32.97 $30.87 $37.10 ll Softball Park,K-1 Ball Field&Tiger $26.70 $27.12 $32.97 $30.87 $3710 Field 12 West Central Landfill $26.70 $27.12 $32.97 $30.87 $3710 13 REU Offices,Avtech Buildin $26.70 $27.12 $32.97 $30.87 $31.60 14 Parks Restroom Lockup Various $26.70 $27.12 $32.97 $30.87 $3710 Locations Listed: 899 N. Market Street(one(1)restroom site), Caldwell Park(faur(4)restroom sites), Bonnyview Boat Ramp-3855 S. Bonnyview(one(1)restroom site), '702 Auditorium Drive(two(2) restroom sites) 15 Sacramento River Trail System/Public $33.00 $33.00 $36.23 $30.87 $37.10 Works Facilities 16 Bucke e Water Treatment Plant $27.75 $27.12 $32.97 $30.87 $37.10 17 Foothill Water Treatment Plant $27.75 $27.12 $32.97 $30.87 $3710 18 Pum Station 1 $27.75 $27.12 $32.97 $30.87 $37.10 19 Pum Station 3 $27.75 $27.12 $32.97 $30.87 $3710 20 Pum Station 5 $27.75 $27.12 $32.97 $30.87 $37.10 21 Dr. Martin Luther Kin Jr. Center $27.75 $27.12 $32.97 $30.87 $3710 22 South Sacramento River Trail $27.75 $27.12 $32.97 $30.87 $37.10 Restroom 23 Nur Pon Open Space Restroom& $27.75 $27.12 $32.97 $30.87 $3710 Gate 24 Buckeye Park Restroom& Gate $27.75 $27.12 $32.97 $30.87 $3710 25 Hi11900 $32.97 $30.87 $37.10 Manned/Patrolled Rates for additional services as re uested at strai ht time: FY 2023-2024 North State United Security Allied Securitas American Guard Security (NSS) Universal Hourly On-Site $32.50 $34.25 $49.45 $45.54 $31.60 Securit Hourly Patrol $33.15 $35.71 $54.35 $45.54 $37.10 Officer Hourl Wa e Ran e Guarantee Guaranteed Range $16.50 -$17.25 $17.50—$19.50 $22.00 -$22.50 $17.00- $18.00 $19.00 for Patrol Officer Guaranteed Range $18.00 -$18.50 $18.50—$20.50 $20.00 -$20.50 $17.00- $18.00 $19.00 for Securit Officer CITY OF REDDING CONSULTING AND PROFESSIONAL SERVICES CONTRACT WITH NORTH STATE SECURITY, INC. THIS CONTRACT is made at Redding, California, by and between the City of Redding ("City"), a municipal corporation, and North State Security, Inc. ("Consultant") for the purpose of providing security services at various City locations. WHEREAS, City does not have sufficient personnel to perform the services required herein thereby necessitating this Contract for personal services. NOW, THEREFORE, the P a r t i e s covenant and agree, for good consideration hereby acknowledged,as follows. SECTION 1. CONSULTANT SERVICES A. Subject to the terms and conditions set forth herein, Consultant shall provide to the City services at the times places, and manner set forth in Exhibit A, attached and incorporated herein. Consultant shall comply with all federal requirements as set forth in Exhibit C, attached and incorporated herein. Prior to commencement of work, Consultant shall execute and deliver to the City all the certifications/assurances set forth in Exhibits D through H, attached and incorporated herein. B. Consultant shall provide alarm response Monday through Friday between the hours of 5:00 p.m. and 7:00 a.m. and on Saturday, Sunday, and holidays on a 24-hour basis at a rate of$26.70 per alarm response for the following locations: a. City Hall b. Stillwater Wastewater c. Clear Creek Wastewater d. Redding Aquatic Center including Caldwell Park Recreation Hall e. 1250 Parkview Avenue(Old Recreation Of�ce) £ Martin Luther King Center SECTION 2. COMPENSATION AND REIlVIBURSEMENT OF COSTS A. City shall pay Consultant for services rendered pursuant to this Contract, at times and in the manner set forth in Exhibit B, attached and incorporated herein. This sum includes all incidental expenses incurred by Consultant that are reasonably associated with the provision of the services under this Contract. The payments specified herein shall be the only payments to be made to Consultant for services rendered pursuant to this Contract. B. Consultant shall submit monthly invoices to City for work completed to the date of the invoice. All invoices shall be itemized to reflect the employees performing the requested tasks, the billing rate for each employee and the hours worked. Consulting and Professional Services Contract [New June 2023] Page 1 C. All correct, complete and undisputed invoices sent by Consultant to City shall be paid within thirty (30) calendar days of receipt. SECTION 3. TERM AND TERMINATION A. Consultant shall commence work on or about August 1,2023, and the Contract shall expire on July 31, 2025. Time is of the essence. The Contract term may be renewed and signed on behalf of the City by the Director of Community Services for up to three(3)consecutive one (1) year periods through July 31, 2028 at a price to be negotiated and agreed upon by both parties. B. If Consultant fails to perform its duties to the satisfaction of City, or if consultant fails to fulfill in a timely and professional manner its obligations under this Contract, then City shall have the right to terminate this Contract effective immediately upon City giving written notice thereof to Consultant. If termination pursuant to this subdivision is given to Consultant and a court of law later determines that the Consultant was not in default or the default was excusable, then notice of termination provided for in this termination shall be deemed to have been given without cause pursuant to Subdivision C of this Section. C. Either Party may terminate this Contract without cause on thirly(30}calendar days'written notice. D. Consultant hereby acknowledges and agrees that the obligation of City to pay under this Contract are contingent upon the availability of City's funds which are appropriated or allocated by the City Council. Should the funding for the project andlor work set forth herein not be appropriated or allocated by the Council,City may terminate this Agreement by furnishing at least (30) calendar days'written notice of its intention to terrninate. In the event of a tennination pursuant to this subdivision, Consultant shall not be entitled to a remedy of acceleration of payments due over the term of this Agreement. The Parties acknowledge by Article 16, Section 18, of the California Constitution, and that constitutional provision supersedes any law,rule,regulation or statute which conflicts with the provisions of this Section. In the event that City gives notice of termination,Consultant shall promptly provide to City any and all finished and unfinished reports, data, studies, photographs,charts or other work product prepared by Consultant pursuant to this Contract. City shall have full ownership, including, but not limited to, intellecri�al property rights, and control of all such finished and unfinished reports, data, studies, photographs, charts or other wark product. E. In the event that City terminates the Contract, Ciry shall pay Consultant the contracted rate for services rendered by Consultant pursuant to this Contract;provided,however, that City shall not in any manner be liable for future lost profits which might have been made by Consultant had Consultant completed the services required by this Contract. F. In no event shall the termination or expiration of this Contract be construed as a waiver of any right to seek remedies in law, equity or otherwise for a Party's failure to perform each obligation required by diis Contract. Consulting and Professional Services Contract [New June 2023] Page 2 G. Upon tennination or other expiration of the contract, each party will assist the other party in orderly termination of the contract and the transfer of all assets, tangible and intangible, as may facilitate the orderly, non-disrupted business continuation of each party. SECTION 4. MISCELLANEOUS TERMS AND CONDITIONS OF CONTRA T A. City shall make its facilities accessible to Consultant as required for Consultant's performance of its services under this Contract, and, upon request of Consultant, provide labor and safety equipinent as required by Consultant for such access. B. Pursuant to the City's business license ordinance, Consultant shall obtain a City business license prior to commencing work. C. Consultant represents and warrants to City that it has all licenses, permits, qualifications and approvals of any nature whatsoever that are legally required for Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Contract any licenses, permits and approvals that are legally required for Consultant to practice its profession. D. Consultant shall, during the entire term of this Contract, be construed to be an independent contractor and nothing in this Contract is intended, nor shall it be construed, to create an employer/employee relationship, association,joint venture relationship, trust or partnership or to allow City to exercise discretion or control over the professional manner in which Consultant performs under this Contract;provided,however,that the services to be provided by Consultant shall be provided in a manner consistent with the professional standards applicable to such services. The sole interest of City is to ensure that services are rendered and performed in a competent,efficient and satisfactory manner. Consultant shall be fully responsible for payment of all taxes due to the state and federal governments. City shall not be liable for deductions for any amount for any purpose relating to Consultant's compensation. Consultant shall not be eligible for coverage under the City's workers'comperisation insurance plan,benefits under the Public Employee Retirement System or be eligible for any other City benefit.No party shall be the agent of,or have a right or power to bind,the other Party without its express written consent. E. No provision of this Contract is intended to,or shall be for the benefit of, or construed to create rights in, or grant remedies to, any person or entity not a party hereto. No portion of the work or services to be performed under this Contract shall be assigned, transferred, conveyed or subcontracted without the prior written approval of City. Consultant may use the services of independent contractors and subcontractors to perform a portion of its obligations under this Contract with the prior written approval of City. Independent contractors and subcontractors shall be provided with a copy of this Contract and Consultant shall have an affirmative duty to assure that said independent contractors and subcontractors comply with the same and agree to be bound by its terms. Consultant shall be the responsible party with respect to all actions of its independent contractors and subcontractors, and shall obtain such insurance and indemnity provisions from its contractors and subcontractors as City's Risk Manager shall determine to be necessary. F. Consultant, at such times and in such form as City may require, shall furnish City with such periodic reports as it may request pertaining to the work or services undertaken pursuant to Consulting and Professional Services Contract [New June 2023] Page 3 this Contract, the costs or obligations incurred or to be incurred in connection therewith, and any other matters covered by this Contract. G. Consultant shall maintain accounts and records, including personnel, property and financial records,adequate to identify and account for all costs pertaining to this Contract and such other records as may be deemed necessary by City to assure proper accounting for all project funds. These records shall be made available for audit purposes to state and federal authorities or any authorized representative of City. Consultant shall retain such records for three (3) years after the expiration of this Contract,unless prior permission to destroy them is granted by City. H. Consultant shall perform all services required pursuant to this Contract in the inanner and according to the standards observed by a competent practitioner of Consultant's profession. All products of whatsoever nature which Consultant delivers to City pursuant to this Contract shall be prepared in a professional manner and conform to the standards of quality normally observed by a person practicing the profession of Consultant and its agents, employees and subcontractors assigned to perform the services contemplated by this Contract. I. All completed reports and other data or documents, or computer media including diskettes, and other materials provided or prepared by Consultant in accordance with this Contract are the property of City, and may be used by City. City shall have all intellectual properry rights including, but not limited to, copyright and patent rights, in said documents, computer media, and other inaterials provided by Consultant. City shall release, defend, indemnify and hold harmless Consultant from all claims, costs, expenses, damage or liability arising out of or resulting from City's use or modification of any reports, data, documents, drawings, specifications or other work product prepared by Consultant, except for use by City on those portions of the City's project for which items were prepared. J. Consultant, including its einployees, agents, and subconsultants, shal l not inaintain or acquire any direct or indirect interest that conflicts with the performance of this Contract. Consultant shall comply with all requirements of the Political Reform Act (Government Code § 8100 et seq.)and other laws relating to conflicts of interest,including the following: 1)Consultant shall not make or participate in a decision made by City if it is reasonably foreseeable that the decision may have a material effect on Consultant's economic interest, and 2)if required by the City Attorney, Consultant shall file financial disclosure forms with the City Clerk. K. Consultant shall follow the federal contract requirements set forth in Exhibit C, attached and incorporated herein. SECTION 5. INSURANCE A. Unless modified in writing by City's Risk Manager, Consultant shall maintain the following noted insurance during the duration of the Contract: Covera�e Required Not Required Commercial General Liability X Com rehensive Vehicle Liabili X Workers'Compensation and Employers' Liability X (Place an "x" in the appropriate box) Consulting and Professional Services Contract [New June 2023] Page 4 B. Coverage shall be at least as broad as: 1. Insurance Services Office form number CG-0001, Commercial General Liability Insurance, in an amount not less than $1,000,000 per occurrence and $2,000,000 general aggregate for bodily injury, personal injury and property damage; 2. Insurance Services Office fortn number CA-0001 (Ed. 1/87), Comprehensive Automobile Liability Insurance, which provides for total limits of not less than $1,000,000 combined single limits per accident applicable to all owned, non-owned and hired vehicles; 3. Statutory Workers' Coinpensation required by the Labor Code of the State of California and Employers' Liability Insurance in an amount not less than $1,000,000 per occurrence. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waivers of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers; 4. Professional Liability(Errors and Omissions) Insurance, appropriate to Consultant's profession, against loss due to error or omission or malpractice in an amount not less than$1,000,000. C. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its elected officials,officers,employees,agents and volunteers;or the Consultant shall procure a bond guaranteeing payment of losses and related investigations,claims administration and defense expenses. D. The Cominercial General Liability Insurance shall contain or be endorsed to contain the following provisions: 1. City, its elected officials, officers, employees, and agents are to be covered as additional insured as respects liability arising out of work or operations performed by or on behalf of Consultant; premises owned, leased or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City,its elected officials, officers, employees, agents and volunteers. 2. The insurance coverage of Consultant shall be primary insurance as respects City, its elected officials, officers, employees, agents and volunteers. Any insurance or self-insurance maintained by City, its elected officials, officers, employees, agents and volunteers, shall be in excess of Consultant's insurance and shall not contribute with it. 3. Coverage shall state that the insurance of Consultant shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 4. Each insurance policy required by this Contract shall be endorsed to state that coverage shall not be canceled except after thirty (30) calendar days' prior written notice to City. In addition, Consultant agrees that it shall not reduce its coverage or limits on any such policy except after thirty(30)calendar days' prior written notice has been given to City. 5, Endorsements should be provided on standard ISO forms appropriate to job. Primary and Additional Insured endorsements must be provided and are separate from the certificate. E. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A-VII. F. Consultant shall designate the City of Redding as a Certificate Holder of the insurance. Consultant shall furnish City with certificates of insurance and original endorsements affecting the coverages required by this clause. Consulting and Professional Services Contract[New June 2023] Page 5 Certi�cates and endorsements shall be furnished to: Risk Management Department of Redding, 777 Cypress Avenue, Redding, CA 96001. The certificates and endorsements for each insurance policy are to be signed by a person authorized by the insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City's Risk Manager prior to tl�e commencement of contracted services. City may withhold payments to Consultant if adequate certificates of insurance and endorsements required l�ave not been provided, or not been provided in a timely manner. G. The requireinents as to the types and limits of insurance coverage to be maintained by Consultant as required by Section 5 of this Contract, and any approval of said insurance by City, are not intended to and will not in any manner liinit or qualify the liabilities and obligations otherwise assumed by Consultant pursuant to tl�is Contract,including, without limitation,provisions concerning indeinnification. H. If any policy of insurance required by this Section is a "claims made" policy, pursuant to Code of Civil Procedure§ 342 and Government Code§ 945.6, Consultant shall keep said insurance in effect for a period of eighteen(18) inonths after the termination of this Contract. I. If any damage, including death,personal injury or property damage,occurs in connection with the performance of this Contract, Consultant shall immediately notify City's Risk Manager by telephone at(530)225-4068. No later than three(3)calendar days after the event,Consultant shall submit a written report to City's Risk Manager containing the following information, as appiicable: 1) name and address of injured or deceased person(s); 2) name and address of witnesses; 3) name and address of Consultant's insurance company; and 4) a detailed description of the damage and whether any City property was involved. SECTION 6. INDEMNIFICATION AND HOLD HARIVILESS A. Consistent with California Civil Code § 2782.8, when the services to be provided under this Contract are design professional services to be performed by a design professional, as that term is defined under Section 2782.8, Consultant shall, to the fullest extent permitted by law, indemnify protect, defend and hold harmless, City, its elected officials, officers, Employees, and agents, and each and every one of them, from and against all actions, damages, cost, liability, claims, losses, penalties and expenses (including, but not limited to, reasonable attorney's fees of the City Attorney or legal counsel retained by City, expert fees, litigation costs, and investigation costs)of every type and description to which any or all of them may be subjected by reason of, or resulting from, directly or indirectly, the negligence, recklessness, or willful misconduct of Consultant, its officers, employees or agent in the performance of professional services under this Contract, except when liability arises due to the sole negligence, active negligence or misconduct of the City. B. Other than in the performance of professional services by a design professional,which is addressed solely by subdivision(A)of this Section, and to the fullest extent permitted by law,Consultant shall indemnify,protect, defend, and hold harmless, City,its elected officials, officers, employees, and agents, and each and every one of them, from and against all actions, damages, costs, liability, claims, losses, penalties and expenses (including,but not limited to,reasonable attorney's fees of the City Attorney or legal counsel retained by City, expert fees, litigation costs, and investigation costs) of every type and description to which any or all of them may be subjected by reason of the performance of the services required under this Contract by Consultant its officers, employees or agents in the performance of professional services under this Contract, except when liability arises due to the sole negligence, active negligence or misconduct of the City. C. In the event of concurrent negligence of Consultant and City, its elected officials, officers, employees, and agents the liability for any and all claims for injuries or damages to persons and/or property shall be apportioned under principles of comparative negligence as established in the State of California. Consulting and Professional Services Contract [New June 2023] Page 6 D. The Consultant's obligation to defend, indemnify and hold harinless shall not be excused because of the Consultant's inability to evaluate liability. The Consultant shall respond witlun thirty(30)calendar days to the tender of any claim for defense and indemnity by the City, unless this time has been extended in writing by the City. If the Consultant fails to accept or reject a tender of defense and indemnity in writing delivered to City within thirty(30)calendar days,in addition to any other remedy authorized by law,the City may withhold such funds the City reasonably considers necessary for its defense and indemnity until disposition has been made of the claim or until the Consultant accepts or rejects the tender of defense in writing delivered to the City, whichever occurs first. This subdivision shall not be construed to excuse the prompt and continued performance of the duties required of Consultant herein. E. The obligation to indemnify, protect, defend, and hold hannless set forth in this Section applies to all claims and liability regardless of whether any insurance policies are applicable. The policy limits of said insurance policies do not act as a limitation upon the amount of indemnification to be provided by Contractor. F. City shall have the right to approve or disapprove the legal counsel retained by Consultant pursuant to this Section to represent City's interests. City shall be reimbursed for all costs and attorney's fees incurred by City in enforcing the obligations set forth in this Section. SECTION 7. �ONTRACT INTERPRETATION VENLTF AND ATTORNEY FEE A. This Contract shall be deemed to have been entered into in Redding, California. All questions regarding the validity, interpretation or performance of any of its terms or of any rights or obligations of the parties to this Contract shall be governed by California law, and any action brought by either party to enforce any of the terms of this Contract shall be filed in the Shasta County Superior Court.If any claim,at law or otherwise, is made by either to this Contract, the prevailing party sl�all be entitled to its costs and reasonable attorneys' fees. B. This document, including all exhibits, contains the entire agreement between the parties and supersedes whatever oral or written understanding each may have had prior to the execution of this Contract. This Contract shall not be altered, amended or modified except by a writing signed by City and Consultant. No verbal agreement or conversation with any official, officer, agent or employee of City, either before,during or after the execution of this Contract,nor shall any such verbal agreement or conversation entitle Consultant to any additional payment whatsoever under the terms of this Contract. C. No covenant or condition to be performed by Consultant under this Contract can be waived except by the written consent of City. Forbearance or indulgence by City in any regard whatsoever shall not constitute a waiver of the covenant or condition in question.Until performance by Consultant of said covenant or condition is complete, City shall be entitled to invoke any remedy available to City under this Contract or by law or in equity despite said forbearance or indulgence. D. If any portion of this Contract or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Contract shall not be affected thereby and shall be enforced to the greatest extent permitted by law. E. The headings in this Contract are inserted for convenience only and shall not constitute a part hereof. A waiver of any party of any provision or a breach of this Contract must be provided in writing,and shall not be construed as a waiver of any other provision or any succeeding breach of the same or any other provisions herein. F. Each Party hereto declares and represents that in entering into this Contract, it has relied and is relying solely upon its own judgment, belief and knowledge of the nature, extent, effect and consequence relating thereto. Consulting and Professional Services Contract [New June 2023] Page 7 Each Party further declares and represents that this Contract is made without reliance upon any statement or representation not contained herein of any other Party or any representative,agent or attorney of the other Party. The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms, and conditions of this Contract and that the decision of whether or not to seek the advice of counsel with respect to this Contract is a decision which is the sole responsibility of each of the Parties. Accordingly,no party shall be deemed to have been the drafter hereof,and the principle of law set forth in Civil Code §1654 that contracts are construed against the drafter shall not apply. G. In the eveut of a conflict between the term and conditions of the body of this Contract and those of any exliibit or attaclunent hereto, the tenns and conditions set forth in the body of this Contract proper shall prevail. In the event of a conflict between the terms and conditions of any two or more exhibits or attachments hereto, those prepared by City shall prevail over those prepared by Consultant. SECTION 8. SURVIVAL The provisions set forth in Sections 3.E., 3.F.,3.G.,3.J.,4.E.,4.H., 5,6,7.A.,7.B.,7.D.,and 7.G. of this Contract shall survive termination of the Contract. SECTION 9. COMPLIANCE WITH LAWS—NONDISCRIlVIINATION A. Consultant shall comply with all applicable laws, ordinances and codes of federal, state, and local governments. B. In the performance of this Contract,Consultant shall not discriminate against any employee ar applicant for employment because of race, color, ancestry,national origin, religious creed, sex, sexual orientation, disability, age, marital status, political affiliation, or membership or non-membership in any organization. Consultant shall take affirmative action to ensure applicants are employed and that employees are treated during their employment without regard to their race, color, ancestry, national origin, religious creed, sex, sexual orientation, disability, age, marital status, political affiliation, or membership or non-membership in any organization. Such actions shall include, but not be limited to, the following: employrnent, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. SECTION 10. REPRESENTATIVES A. City's representative for this Contract is Joey Forseth-Deshais, Assistant Director of Community Services, telephone number (530) 224-6020, fax number (530) 224-6010. All of Consultant's questions pertainmg to this Contract shall be referred to the above-named person, or to the representative's designee. B. Consultant's representative for this Contract is Kelly Boek, President, telephone number (530) 243-0295, fax number(530) 243-3870. All of City's questions pertaining to this Contract shall be referred to the above-named person. C. The representatives set forth herein shall have authority to give all notices required herein. SECTION 11. NOTICES Consulting and Professional Services Contract[New June 2023] Page 8 A. All notices, requests, demands and other communications hereunder shall be deemed given only if in writing signed by an authorized representative of the sender(may be other than flie representatives referred to in Section 10 and delivered by facsimile, with a hard copy mailed first class,postage prepaid; or when sent by a courier or an express service guaranteeing overnight delivery to the receiving party, addressed to the respective parties as follows: To City: To Consultant: City of Redding North State Security,Inc. Joey Forseth-Deshais Kelly Boek 777 Cypress Avenue P.O.Box 991348 Redding,CA 96001 Redding,CA 96099-1348 B. Either party may change its address for the purposes of this paragraph by giving written notice of such change to the other party in the manner provided in this Section. C. Not shall be deemed effective upon: 1) personal service; 2) two calendar days after mailing or transmission by facsimile,whichever is earlier. SECTION 12. AUTHORITY TO CONTRACT A. Each of the undersigned signatories hereby represents and warrants that they are authorized to execute this Contract on behalf of the respective parties to this Contract; that they have full right, power and lawful authority to undertake all obligations as provided in this Contract; and that the execution,performance and delivery of this Contract by said signatories has been fully authorized by all requisite actions on the part of the respective parties to this Contract. B. When the Mayor is signatory to this Contract, the City Manager andlor Department Director having direct responsibility for managing the services provided herein shall have authority to execute any amendment to this Contract which does not increase the amount of compensation allowable to Consultant or otherwise substantially change the nature or scope of the services provided herein. C. Notwithstanding the preceding, the City Manager or his designee shall have the authority to amend the scope of work and the compensation due to the consultant in the amount not to exceed 10 percent of the total cost of the contract. SECTION 13. DATE OF CONTRACT The date of this Contract shall be the date it is signed by City. Consulting and Professional Services Contract[New June 2023] Page 9 IN WITNESS W REOF, City and Consultant have executed this Cantract on the days and year set forth below: CITY OF DDING, A Municipal Corporation Dated: ,24 By: ATTEST: APPROVED AS TO FORM: BARI2Y E.DeWALT Ciiy Attorney P LA MYZE,City Clerk �y: CQNSULTANT Dated: � 20 '�� Sy: Tax ID No.° �"' �'�-"1��� "�' Attachments; ExhibitA(Seope af Work) Exhibit$(Cost/Fee Schedule) Exhibit C(Federally Required Cantract Glauses) Exhibit D(49 CFR Part 20--Certification Regarding Lobbying) Exhibit E (Governrnent-Wide Debarment and Susgensian 49 CFR Part 29) Exhibit F(Disadvantaged Business Enterprise Infarmatian Form) Exhibit G(Disclasure of Canflicts of Tnterest) Exhibit H(Notificatian to Agency-Legai Matters Pertafning to FTA) Cansulting and Professional Services Contract �New June 2023] Page 10 EXHIBIT A CITY OF REDDING SCOPE OF WORK SECURITY SERVICES GENEFtAT, Services shall be perfonned to the satisfaction of the City of Redding Assistant Director of Community Services and Transit Manager.Failure to perform the security services in accordance with the proposal, specifications, and to the satisfaction of the Assistant Director of Community Services shall be grounds for cancellation by the City of Redding. Security personnel will provide patrol and surveillance services or any other duties the City of Redding Assistant Director of Community Services deems appropriate throughout all noted locations. Security personnel shall maintain two-way radio or cellular telephone contact with their headquarters and shall be equipped with radios or cellular telephones having the capability to conduct two-way conversations with the Redding Police Deparhnent, and/or other law enforcement agencies. In the event that security personnel need assistance due to an inability to handle a situation, requests for assistance from the Redding Police Department shall be in accordance with industry protocol. REPORTS 1. Daily Reports Contracting security agency shall keep legible, current, and accurate records to support invoices rendered. These records shall include but not be limited to daily activity reports of security guards, defining all actions performed by them in fulfilling the requirements of this contract. Daily activity reports shall begin with the time the security guard enters a City facility and end with the time the security guard departs. Daily activity reports shall be emailed to the Assistant Director of Community Services and the Building Maintenance Administrative Assistant each morning by 8:00 a.m. 2. Occurrences or incidents at all facilities that are serious in nature shall be reported on an individual basis within 24 hours, followed by a full written report(or other agreed upon format),which shall be delivered within seven(7)days. For all locations except RABA,Benton Airpark and the Redding Power Plant,the contact is the Assistant Director of Community Services. For RABA,the contact is the Transit Manager(530)245-7116 For Benton Airpark,the contact is the Airports Manager. (530)224-4321 For the Redding Power Plant(RPP), the contact is RPP Electric Manager(530)245-7188 Consulting and Professional Services Contract [New June 2023] Page 11 3. Monthly Work Schedule Successful contractor agrees to furnish to the Assistant Director of Communiry Services(or designee) and the Transit Manager,completed monthly work schedules as follows: a. The contract's first month's working schedule(s) of personnel assigned and hours to be worked to fulfill the requirements of the contract shall be delivered a minimuin of ten(10)warking days prior to the effective date of any contract resulting from this proposal. b. A monthly schedule of personnel assigned and hours to be worked to fulfill the requirements of the contract shall be delivered no later than the last working day of the month preceding the effective date of the new monthly schedule. c. If a new-to-the-City security employee is scheduled a copy of their guard card along with a picture ID and work history is to be submitted to the Assistant Director of Community Services for approval. 4. Benton Airport Weekly report emailed to Airports Manager at airports cr,cityofredding.org to include who patrolled and at what time. a. Weekly report emailed to Airports Manager at airports(c�,citvofredding.org to include who patrolled and at what time. b. Nightly aircraft parking log report, prepared after 2:00 a.m., emailed to Airports Manager at airports cr,citvofreddin .�org within 24-hours. c. Nightly report regarding tampering to be emailed to Airports Manager at airports cr,citvofredding.org along with parking log. d. Security guard will be provided with parking logs to verify and document aircraft tail numbers. HOLIDAY SCHEDULE The City has 11 fixed holidays a year whereby many buildings are closed, and thus "holiday pay" is recognized. These days are: • January 1 st • Martin Luther King, Jr. Day(third Monday in January) *Provide service to RABA • President's Day(third Monday in February) *Provide service to RABA • Memorial Day(last Monday in May) • Juneteenth(June 19t�') • July 4th Independence Day • Labor Day (first Monday in September) Thanksgiving Day (4th Thursday in November) • Day After Thanksgiving (4� Friday in November) *Provide service to RABA Consulting and Professional Services Contract [New June 2023] Page 12 • the last half of the normal work shift prior to Christmas Day Christmas day (December 25th� If any of the foregoing holidays fall on a Sunday, the holiday for employees will be observed on the following Monday. Likewise,if the holiday falis on a Saturday,employees will observe it on the preceding Friday. Clear Creek Wastewater Treatment Plant, Stillwater Wastewater Treatment Plant, and Benton Airport are exempt from the holiday schedule. These locations require services 7 days a week/365 days a year. SECURITY SCHEDULE See addresses on Exhibit A -Proposal Form. 1. CIVIC CENTER/SCULPTURE GARDEN/LIBRARY Seven (7) Days a Week (Sunday through Saturday): Provide parking lot patrol from 4:45 p.m. to 5:30 p.m. Monday through Friday(Except holidays and furloughs). From 5:30 p.m. to 6:00 p.m., conduct internal building inspections of the Civic Center to assure that office doors are locked, internal alarm panels are set and indicate no problems "active alarms" are located in Personnel, Treasurer, and City Clerk), and that the building is empty of non- employees or those attending a City-sanctioned event. Security guard shall also check that all exteriar points of entry at the Civic Center are secure. Security guard shall check the Sculpture Garden, paying close attention as to whether or not any acts of vandalism have taken place. Security guard shall secure the locked parking area on the southeast section of the property. One security guard shall be on-site at the Civic Center/Sculpture Garden/Library complex Monday through Friday between 9:00 p.m.and 1:00 a.m. An early morning patrol/inspection of the Library complex will also be performed. Security guard will secure all doors, gates,windows, or other points of entry at the Civic Center and Redding Library. If unable to do so, the security guard shall call City's answering service, who will call the appropriate city staff to secure the site. If an alann is sounded the alarm company has been instructed to call the appropriate City staff for instructions. The security guard shall conduct one patrol check of these premises between 3:00-6:00 a.m.,Monday through Friday. Security guard shall conduct five patrol checks over each 24-hour period on Saturday, Sunday and holidays. This inspection is carried out via a visual"spotlight check" whereby security officer drives slowly around the perimeter of each facility looking for any signs of unwarranted disturbance. One of the five weekencUholiday inspections shall occur at approximately 9:00 p.m. and the exterior doors of the Civic Center and Redding Library shall be checked to ensure they are secured. If a door is found unsecured, an interior inspection shall be required to ensure the building is unoccupied. 2.* CORPORATION YARD Seven(7)Days a Week (Sunday through Saturday): There will be three (3) nightly security inspections between the hours of 11;00 p.m. and 5:00 a.m. The first inspection shall consist of checking all exterior doors Security guard shall secure all doors, gates, windows, or other points of entry. If unable to do so, the security guard shall Consulting and Professional Services Contract [New June 2023] Page 13 call the City of Redding's answering service. During any round of inspection, if a building door is found to be unsecured, security guard will perforin an internal inspection of the building tl�en re-secure the building. If unable to secure the building, security guard will notify the City of Redding's answering service, supplying the appropriate lock set number, and the answering service will determine the appropriate City personnel to contact. During the first inspection, the security guard shall also physically check each door of all vehicles, with the exception of garbage trucks, parked behind the gates. Between the Corporation Yard and the Solid Waste Transfer/Recycling Facility,the total number of vehicles left on site overnight is estimated to be 250. If keys are left in an unlocked vehicle, vehicle is to be locked and the keys returned to the closest lock box (each building has their own lock box). An incident report shall be made-up and emailed to Building Maintenance the next day. If keys are not in the veliicle, security guard shall lock all doors and make a notation of this action and the vehicle number in the standard shift report which shall be emailed to building maintenance the next day. Security guard is not expected to check compartments on truck service bodies to verify that they are locked. The second and third security inspection shall be a "spotlight check" whereby security guard drives slowly around the perimeter of all buildings. Vehicles shall also be checked by spotlight during this time. Provide three (3) random patrols on Monday through Friday between 7:00 a.m. and 6:00 p.m. Patrol would drive the front of buildings 1-4 and look for any suspicious activity. 3.* SOLID WASTE TRANSFER/RECYCLING FACILITY Seven (7)Days a Week(Sunday through Saturday): Sunday - Thursday - two (2) nightly security inspections between the hours of 11:00 p.m. and 2:00 a.m. Friday/Saturday-three (3) nightly security inspections between the hours of 11:00 p.m. and 5:00 a.m. The first inspection shall consist of checking all of the exterior doors. Security guard shall secure all doors, gates, windows, or other points of entry. If unable to do so,the security guard shall call the City of Redding's answering service. During any round of inspection, if a building door is found to be unsecured, and security guard is unable to secure the door, security guard will notify the City of Redding"s answering service, supplying the appropriate lock set number, and the answering service will determine the appropriate City personnel to contact. During the first inspection,the security guard shall also physically check each door of all vehicles, with the exception of garbage trucks,parked behind the gates. Between the Corporation Yard and the Solid Waste Transfer/Recycling Facility the total number of vehicles left on site overnight is estimated to be 250. If keys are left in an unlocked vehicle, vehicle is to be locked and the keys returned to the closest lock box (each building has their own lock box). An incident report shall be made up and emailed to Building Maintenance the next day. If keys are not in the vehicle, security guard shall lock all doors and make a notation of this action and the vehicle number in the standard shift report which shall be emailed to building maintenance the next day. Security guard is not expected to check compartments on truck service bodies to verify that they are not in the vehicle, security guard shall lock all doors and make a notation of this action and the vehicle number in the standard shift report which shall be emailed to building maintenance the next day. Consulting and Professional Services Contract [New June 2023] Page 14 Security guard is not expected to check coinpartments on truck service bodies to verify that they are locked. The second and third security inspections shall be a "spotlight check" whereby security guard drives slowly around the perimeter of all buildings. Vehicles shall also be checked by spotlight during this time. During all inspections, security guard shall check for a flashing red light on the west side of the main Transfer building. Light signifies a problem with the sump pump. If flashinQ, security guard shall call City of Reddin�'s answerin�service immediatelv * Items No. 2 and 3 are considered one site. Thev are noted separatelv for billing and pavment nurposes 4. RABA INTERMODAL PASSENGER TRANSFER FACILITY and PARKING LOT Seven (7) Days a Week (Sunday through Saturday): Provide at least one(1)on-site security guard at the Downtown Intermodal Facility from 7:00 p.m. to 7:00 a.m. walking/patrolling the sites on a continuous basis. This patrol will include random patrols of the block to the north,bounded by Shasta,California,Oregon,and Tehama Streets. On Sunday,vendor shall provide three(3) more on-site patrols of the RABA Intermodal Passenger Transfer Facility from 6:00 a.m. through 7:00 p.m at times detennined by RABA.Each on-site patrol shall be of 30 minutes duration. Security guard shall check and secure all doors,gates,windows,or other points of entry,as well as provide security while Greyhound,Amtrak, and/or Flixbus are in the facility. If security guard is unable to secure the site, the security guard shall call the appropriate City and/or RABA to secure the site. At RABA's request Monday through Saturday,there will be four(4)random patrols daily at the other RABA location on Masonic Drive,each visit shall be of 30 minutes to observe,report,and ensure the facility is being used by transit patrons. Security guard is to use professional judgement ensuring that the Downtown Intermodal Passenger Transfer Facility and the Masonic Drive location is utilized by transit clients(note: typical wait is 1 hour or less),to discouraging loitering and illegal activities. Any issues should be reported to the Transit Manager and reports emailed to rabastaff cr,citvofredding.org. 5. BENTON AIRPARK Seven (7)Days a Week (Sunday through Saturday): Four(4)nightly security inspections at random intervals between the hours of 7:00 p.m. and 6:00 a.m.Each on- site patrol shall be of thirry(30)minutes duration. Each visit should be documented in a report to include time arriving on property; if any findings: who, what, when,where, and how handled; and tiine exiting property, as well as any other pertinent information. Reports should be emailed immediately to airports@cityofredding.org. Security guard is to use professional judgement, and question any people found on site who appear to have no reason for being on the property. As part of this effort, security guard shall record vehicle license numbers including vehicle make and model for vehicles situated in an unusual area or for an extended period of time. Unusual areas include parallel to the perimeter fence line, adjacent to access portals and around inconspicuous areas. Security guard shall report outages of runway lights or those on the exterior of hangars in a daily report to be emailed to airports@cityofredding.org. Security guard shall report any irregularities in a nightly report to be emailed to the Airports Manager in conjunction with the nightly aircraft parking log. Any emergency situation or criminal activity shall be reported immediately to the Airport Manager or Assistants Airport Manager via cell phone. Security guard shall complete a nightly aircraft parking log,after 2:00 a.m., to be emailed to the Airport Manager. Security guard shall secure all doars, gates, windows, or other points of entry and document such findings. If unable to do so,the security guard shall call the Airports Operations &Maintenance Supervisor ar appropriate tenant to secure the site (tenant list will be provided by the City). Special responses to the airport will be requested on an as needed basis by Airports Administration Consulting and Professional Services Contract [New June 2023] Page 15 6. ENTERPRISE COMMUNITY PARIC Service shall be on an as-needed basis, Duties performed 30 minutes after dusk:lock roller hockey rink gates,lock pickle ball courts,lock upper and lower restrooms, lock north (chain link) walk-through gate, lock north driveway gates, and lock the main gate at EI Vista. Check mobile building located in the lower/westem area of the park,by `Kids Kingdom' to ensure it is locked.While conducting the park sweep at dusk,it is imperative to confirm that all people are out of the restrooms and all cars out of the parking areas. Security guard shall notify the Redding Police Department if unable to locate the driver/owner of any vehicle.One drive-through patrol of the park is required at approximately 1:00 a.m.,to be varied by plus/minus 30 minutes so as to not have a set routine. Security guard shall unlock the necessary gates and re-lock them upon passing through. Security guard shall secure all doors,gates,windows,or other points of entry. If unable to do so,the security guard shall call the City's answering service,who will contact the appropriate City staff to secure the site. Operations to be performed at 6:00 a.m.: open the main gate at El Vista,open the north driveway gate,open the north walk-through gate,open the upper and lower restrooms and unlock the roller hockey rink gates. 7. REDDING AQUATIC CENTER/CALDWELL PARK Seven (7)days a week (Sunday through Saturday): Twice nightly patrol with one (1) walk through and one (1) spotlight check. The areas specifically to be patrolled are the Fish Viewing Facility, Jump River Playground, Carter House/North Valley Art League, Teen Center,Aquatic Center, Caldwell Memorial Picnic Area,Bronze Sculptures,K2 ball field, K3 ball field and the Skate Park. Make note of signs of vandalism. Walk through shall include conducting a physical check of buildings/structures, doors and gates. Security guard shall check that all are secured. Redding Aquatic Center, after hours alarm response: Monday to Friday, 5:00 p.m. to 7:00 a.m., Saturday/Sunday/Holidays,24-hour response coverage. All calls for service shall be documented with an Incident Report and emailed with the Daily Activity Report to the Assistant Director of Community Services(or designee) and the Building Maintenance Office Services Supervisor. 8. CLEAR CREEK WASTEWATER TREATMENT PLANT Seven (7)days a week(Sunday through Saturday): Four nightly security inspections between the hours of 6:00 p.m.and 6:00 a.m.Duties include checking the fishing access parking area for illicit activity, checking to verify four critical gates are locked (main gate, pond access gate, river access gate to ponds and influent pump gate), checking structure which houses chlorine and sulphur dioxide, conducting visual spotlight check of building which houses city vehicles and performing thorough spotlight-security inspection of the entire gated area known as the Wastewater Treatment Facility. Spotlight- security inspection of Admin Building. Since most faciliry doors and windows are on an alarmed system it is not advised to physically rattle doors or windows to verify they are secure;therefore,the spotlight inspection is called for rather than a physical check of pulling door handles. Security guard shall be vigilant to look for and immediately notify City staff of any signs of chlorine gas or sulphur dioxide leaks. If needed,security guard shall secure all doors,gates and windows ar other points of entry. If unable to do so, the security guard will call the City's answering szrvice, who will contact the appropriate City staff to secure the site. Consulting and Professional Services Contract [New June 2023] Page 16 9. REDDING POWER PLANT Five (5) days a week (Monday through Friday): Security guard shall be based continuously at the security building located at the main entrance to the Power Plant.The regular schedule is currently from 6:00 a.m.to 6:00 p.m.for the purpose of checking all city employees, vendors,and other visitors into the site.During project or major maintenance work,the City may request coverage outside of these regular hours including nights and weekends. Security guard shall maintain visitors logs, contractor logs,issue security access badges,verify security badge inventory,and check visitor identifications to assure that only authorized persons have access to the facility.The security guard shall communicate with Power Plant staff via phone and radio(provided by the City)and shall follow the site-specific radio guidelines as trained by the Power Plant staff. The security guard shall comply with North American Electric Reliability Corporation (NERC) regulations regarding physical and cyber security.The security guard shall follow the Power Plant site-specific procedure for site security. The security guard shall undergo annual training and certification including successful completion of an examination administered by Power Plant staf£The security guard shall have a current certificate of course completion while perfonning duties at the Power Plant. The security guard shall maintain situational awareness at all times and shall report any suspicious or hazardous event or situation immediately to the Power Plant staf£ The security guard shall assist Power Plant staff with evaluating the risk to the physical or cyber security of the facility by providing observations and information in a collaborative manner with City of Redding representatives.The security guard shall maintain familiarity with the layout of the Power Plant facility and shall know the location of critical pieces of equipment and buildings for the purpose of directing contractors to the correct location and assisting emergency responders if necessary. The security guard shall maintain the access badge inventory by ensuring to the best of their ability that contractors retum badges at the completion of their project work. If a badge is not returned, the security guard shall notify Power Plant staff iminediately to allow deactivation of the badge. In an emergency,the security guard shall assist Power Plant staff as needed within their level of training,including directing emergency responders to the scene of an incident,providing the facility access log to the Power Plant Operator for purposes of roll call to evaluate safety of all onsite personnel, and operating the electric gates as needed to facility emergency response. The security company shall maintain an adequate group of security guards with the appropriate certification and training as outlined above at all times to provide coverage at the Power Plant in the event of an absence of the regularly scheduled security guard. 10. STILLWATER WASTEWATER TREATMENT PLANT Seven (7) days a week (Sunday through Saturday): Four nightly security inspections between the hours of 6:00 p.m. and 6:00 a.m. Duties include checking the Plant/Property area for illicit behavior, checking to verify that critical gates are locked (main gate and pond access gate),checking structure which houses chlorine and sulfur dioxide, conducting a thorough visual spotlight check as necessary of the entire gated area known as the Wastewater Treatment Facility. The doors and windows may be physically rattled to verify if they are secure. The door shall be checked at the outfall/pump house building. It is also necessary for security guard to be aware and notify City staff of any signs of chlorine gas or Sulphur dioxide leaks. If needed, security guard shall secure all doors, gates and windows or other points of entry. If unable to do so, the security guard will call the City's answering service,who will contact the appropriate City staff to secure the site. Consulting and Professional Services Contract [New June 2023] Page 17 11. SOFTBALL PARK, K-1 FIELD AND TIGER FIELD Service shall be on an as-needed basis, On an "as needed"basis,provide security guard services at the ball fields during recreation activities. 12. WEST CENTRAL LANDFILL One(1) physical inspection between the hours of 6:00 p.m. and 6:00 a.m., every other night. The security guard will unlock/open the gate, drive through and spot light the scale house and maintenance shop. The windows and doars at the scale house and maintenance shop shall be checked during each visit. Security guard will close and lock up gate when done. 13. REU OFFICES, AVTECH BUILDING Seven (7) days a week (Sunday through Saturday) One security guard shall be on-site at the REU Customer Service area Monday through Friday between 7:00 a.m. and 6:00 p.m.,except City holidays. On these days,the security guard locks the front internal doors of the customer service area at 5:00 p.m. Between 5:00 p.m.and 6:00 p.m. guard checks all exterior doors to ensure locked and secured.At 6:00 p.m. the guard locks the service vehicles parking lot. On City holidays and weekends, there will be one(1)daily inspection between the hours of 8:00 a.m, and 10:00 a.m. The daytime inspection includes confirmation that all ten(10)door sets are locked. Seven(7)days a week,there will be one(1)nightly inspection between the hours of 6:00 p.m. and 6:00 a.m. 14. PARKS RESTROOM LOCKUP Various Locations Listed Below Seven (7)days a week Clear and lock public restrooms at dusk at the following locations: 899 N. Market Street(one(1)restroom site) Caldwell Park (four (4)restroom sites) Bonnyview Boat Ramp-3855 S. Bonnyview(one(1)restroom site) 702 Auditorium Drive(two (2)restroom sites) Provide on call service Provide Incident Reports in a timely manner describing any new vandalism and incidents with individuals that cause disruption to the patrolman's ability to perform restroom lockup. 15. SACRAMENT(? RIVER TRAIL SYSTEM/PUBLIC WORKS FACILITIES Five (5)days a week. Daily shifts worked will be comprised of two (2) security officers assigned to river trail duties consisting of two (2) split shifts daily; one (1) in the a.m, and one (1) in the p.m. Scheduling will encompass two (2), three (3)hour shift per day, with an a.m. shift beginning around nautical twilight (dawn) and a p.m. shift terminating around nautical twilight (dusk). Scheduled hours may vary as to avoid setting a set schedule for a maximum deterrence factor. Scheduling of days of the week will remain random and subject to frequent change.North State Security to post and provide to the City a monthly schedule in advance. Standard patrol shifts will have security officers performing coordinated patrols separately, but will remain in frequent contact and provide backup as necessary. Due to time Consulting and Professional Services Contract[New June 2023] Page 18 limitations and unforeseen incidents there may be portions of the river trail left unchecked on any given shift.Although assigned personnel are scheduled for no more than three(3)hours a day,there may be occasions when security officer works beyond scheduled three(3)hour shift due to actions beyond one's control.Duties are to include surveillance of numerous COR Public Works facilities located along the river trail,as well as,providing a noticeable/positive security presence supporting safe community river trail activity. A heightened state of vigilance is required at these sites to guard against vandalism,sabotage,theft,etc. Security officers are expected to keep ongoing records of patrols to measure the prograin's success and report on a inonthly basis to'the Ciry of the month's activities. Dai1y reports will include RPD contacts,notable public contacts, public works facilities inspected, miles patrolled, and other security related concerns. An actual Incident Report(IR) will be submitted whenever an incident happens that warrants further documentation. A monthly summary of daily reports will be submitted to the City. Vendor shall provide all necessarv epuipment to patrol the Sacramento Trail svstem. 16. BUCKEYE WATER TREATMENT PLANT Seven (7) days a week (Sunday through Saturday): Twice nightly patrol which consist of two (2) walk-through checks. Duties include checking all buildings and fence lines as well vandalism, theft,fire, water leaks, or people on site. 17. FOOTHILL WATER TREATMENT PLANT Seven (7) days a week (Sunday through Saturday): Nightly patrol which consist of three (3) walk-through checks. Duties include checking all buildings and fence lines as well as looking for any signs of vandalism, theft, fire,water leaks, or people on site. 18. PUMP STATION 1 Seven (7) days a week (Sunday through Saturday): Twice nightly patrol which consist of two(2)walk-through spotlight checks.Duties include checking for any signs of vandalism, theft, fire, water leaks,or people on site. 19. PUMP STATION 3 Seven (7) days a week (Sunday through Saturday): Twice nightly patrol which consist of two (2) spotlight checks. Duties include checking fence line as well as looking for any signs of vandalism, theft,fire,water leaks,or people on site. 20. PUMP STATION 5 Seven (7) days a week (Sunday through Saturday): Twice nightly patrol which consist of two (2) walk-through checks. Duties include checking for any signs of vandalism, theft,fire,water leaks,or people on site. 21. DR.MARTIN LUTHER KING JR CENTER Five (5) days a week (Sunday through Thursday): Lock the gate at dusk. Security officers are expected to keep ongoing records of patrols to ineasure the program's success and report on a monthly basis to the City of the month's activities.Daily reports will include RPD contacts,notable Consulting and Professional Services Contract [New June 2023] Page 19 public contacts, public works facilities inspected, miles patrolled, and other security related concerns. An actual Incident Report (IR) will be submitted whenever an incident happens that warrants further documentation. A monthly summary of daily reports will be submitted to the City. Vendor shall provide all necessary equipment to patrol the Sacramento Trail system. 22. SOUTH SACRAMENTO RIVER TRAIL RESTROOM Seven (7) days a week(Sunday through Saturday): Clear and lock restroom facility at dusk. Unlock restroom facility at dawn. Provide Incident Reports in a timely manner describing any new vandalism and incidents with individuals that cause disruption to the patrolman's ability to perform restroom lockup. 23. NUR PON OPEN SPACE RESTROOM & GATE Seven (7) days a week(Sunday through Saturday): At dusk clear and lock restroom facility as well as lock main entry gate on Henderson road. At dawn unlock the restroom facility and unlock main entry gate on Henderson road.Ensure gate is LOCKED in tl�e open position.Provide Incident Reports in a timely manner describing any new vandalism and incidents with individuals that cause disruption to the patrolman's ability to perform restroom lockup. 24. BUCKEYE PARK RESTROOMS & GATE Seven (7) days a week(Sunday through Saturday): At dusk clear and lock restroom facility as well as lock main entry gate on Hiatt Drive. At dawn unlock the restroom facility and unlock main entry gate on Hiatt Drive. Ensure gate is LOCKED in the open position. Provide Incident Reports in a timely manner describing any new vandalism and incidents with individuals that cause disruption to the patrolman's ability to perform restroom lockup. 25. Hill 900(access through Foothill Water Treatment Plant) Seven(7) days a week. (Sunday through Saturday): Nightly patrol which consist of three(3)walk-through checks. Duties include checking all buildings and fence lines as well as looking for any signs of vandalism, theft, fire, water leaks, or people on site. PERSONNEL All personnel employed by the contracted security force must meet the following requirements established by the Assistant Director of Community Services and Transit Manager prior to assignment at all noted security locations. 1. Security personnel must have at least one-year experience as a registered security guard. At the City's sole discretion,less than one-year experience may be accepted if the employee has other related work experience. 2. Security personnel must possess and carry a security guard registration card from the Department of Consumer Affairs, certifying that the security person is qualified. Copies must be submitted with proposal documents. A securit�euard must possess a valid and current securit�guard reeistration card on his or her person while on-dutv(California Business and Professional Section 7583.3. Consulting and Professional Services Contract [New June 2023] Page 20 3. Security personnel must be identifiable by a uniform and badge approved by the Assistant Community Services Director and the Transit Manager. Submit with proposal photoeraphs showin�the front and side view of unifonned securit� uard. Uniforms shall meet all requirements as required bv the California Business and Professional Code(BPC),Division 3,Chapter 11.5,Article 3. Section 7582.26. 4. Within five (5) business days of being informed of contract award, security agency must provide to the Assistant Director of Community Services and the Transit Manager,a copy of the pre-emplo}nnent background investigation of each employee assigned to work at City facilities. The Assistant Director of Community Services and the Transit Manager may reject any such employee if in their judgement the person is not suitable for the position. 5. Security service patrol vehicles must be clearly marked with company logo or emblem when conducting patrols at all noted locations. Submit photo of patrol vehicle with proposal. Vendor's patrol cars must be le�allv marked as"securiry". 6. Security guards shall not have non-employees of securiry contractor as ride-along passengers nor guests,while conducting security work for the City of Redding, without the written approval of the Assistant Director of Community Services and/ar the Transit Manager. 7. The Private Patrol Operator and Security Guard shall abide by all pertinent sections of the Departtnent of Consumer Affairs,Bureau of Security and Investigative Services,California Business and Professional Code, California Code of Regulations,and Penal Code. 8. Upon submission of their proposal,security service firm agrees to allow the Assistant Director of Community Services(or his/her representative),and/or the Transit Manager(or his/her representative)and/or the Airports Manager(or his/her representative)to personally inspect the security service firm's Redding area headquarters and dispatch facility to determine the security service firm's operating capabilities upon submission of their proposal. In addition, the security service firm agrees to random, unannounced inspections by the Assistant Director of Community Services (or his/her representative) and/or Transit Manager Works (or his/her representative) and/or the Airports Manager(or his/her representative) to ensure the continuing capabilities of the security service firm and dispatch facility during the tenure of any resulting contract pursuant to said proposal. INVOICING: Invoices shall be rendered monthly, sent to the following locations: All locations except 4.S. and 9: City of Redding Building Maintenance Department P.O. Box 496071, Redding, CA 96049-6071 Location 4: City of Redding—RABA P.O. Box 496071, Redding, CA 96049-6071 Location 5: Redding Municipal Airport Attn: Airports Manager 6751 Woodrum Circle, #200,Redding, CA 96002 Location 9: City of Redding-Redding Power Plant ATTN: Electric Manager 17120 Clear Creek Road, Redding, CA 96001 Consulting and Professional Services Contract [New June 2023] Page 21 EXHIBIT B Updated 5/26/2023 Item No. 1 Security Services for the following locations,per specifications,terms, and conditions. Patrol Sites/Monthly Fee 8/1/2023 to 7/31/2024 8/1/2024 to 7/31/2025 1 Civic Center/Sculpture Garden/Redding Library $1,7�5.00 $1,775.00 7'77 C ress Ave / 1100 Parkview 2 Corporation Yard $1,425.00 $1,425.00 20055 Vikin Wa ,Reddin , CA 3 Solid Waste Transfer/Recycling Facility $695.00 $695.00 2255 Abernath Lane,Reddin , CA 4 Redding Area Bus Authority(RABA) $1,465.00 $1,465.00 Intermodal Passenger Transfer Facility 1530 Yuba Street,Reddin ,CA 5 Benton Airpark $1,955.00 $1,955.00 2600 Gold Street,Reddin , CA 6 Enterprise Community Park $795.00 $795.00 4000 Victor Avenue,Reddin , CA � Redding Aquatic Center/Caldwell Park $625.00 $625.00 44 uartz Hill Road,Reddin , CA g Clear Creek Wastewater Treatment Plant $1,340.00 $1,340.00 2220 Metz Road,Reddin , CA 9 Redding Power Plant As needed As needed 17120 Clear Creek Road,Reddin , CA 10 Stillwater Wastewater Treatment Plant $1,095.00 $1,095.00 6475 Ai ort Road,Anderson, CA 11 Softball Park,K-1 Ball Field&Tiger Field As needed As needed 12 West Central Landfill $925.00 $925.00 14095 Clear Creek Road, I o, CA 13 �U Offices,Avtech Building $475.00 $475.00 3611 Avtech Parkwa , Reddin , CA 14 Parks Restroom Lockup Various Locations Listed: 899 $1,440.00 $1,440.00 N. Market Street(one(1)restroom site), Caldwell Park (four(4)restroom sites),Bonnyview Boat Ramp— 3855 S. Bonnyview(one(1)restroom site), 702 Auditorium Drive two 2 restroom sites 15 Sacramento River Trail System/Public Works Facilities See item No. 2 15 See item No. 2 15 16 Buckeye Water Treatment Plant $1,795.00 $1,795.00 11501 Benson Drive, Shasta, CA 1� Foothill Water Treatment Plant $660.00 $660.00 3100 Foothill Boulevard,Reddin , CA Consulting and Professional Services Contract [New June 2023) Page 22 1 g Pump Station 1 $375.00 $375.00 2300 Riverside Drive,Reddin , CA 19 Pump Station 3 $375.00 $375.00 299 Sulfur Creek, Reddin , CA 20 Pump Station 5 $375.00 $375.00 941 S rin er Drive,Reddin , CA 21 Dr. Martin Luther King Jr. Center $405.00 $405.00 1815 Sheridan Street,Reddin , CA 22 South Sacramento River Trail Restroom $405.00 $405.00 2300 Riverside Drive,Reddin , CA 23 Nur Pon Open Space Restroom& Gate $545.00 $545.00 2502 Henderson Road,Reddin , CA 24 Buckeye Park Restroom&Gate $405.00 $405.00 3500 Hiatt Drive,Reddin ,CA 25 Hill 900 Access Throu h Foothill Treatment Plant $450.00 $450.00 Item No. 2 Specified, and/or Extra Manned Security Services as may be requested,at straight time hourly rate(overtime shall be at 1-1/2 times of straight time hourly rate), for the following locations,per specifications,terms,and conditions: LOCATION 8/1/2023 to 7/31/2024 1 Civic Center/Sculpture Garden/Redding Library $26.70 777 C ress Ave/ 1100 Parkview Z Corporation Yard �2��5 20055 Vikin Wa ,Reddin , CA 3 Solid Waste Transfer/Recycling Facility $2� �5 2255 Abernath Lane,Reddin , CA 4 Redding Area Bus Authority(RABA) $2��5 Intermodal Passenger Transfer Facility 1530 Yuba Street, Reddin , CA 5 Benton Airpark $2� �5 2600 Gold Street,Reddin ,CA 6 Enterprise Community Park �2� �5 4000 Victor Avenue,Reddin , CA � Redding Aquatic Center/Caldwell Park $2� �5 44 Quartz Hill Road, Reddin , CA 8 Clear Creek Wastewater Treatment Plant $2� �5 2220 Metz Road, Reddin , CA 9 Redding Power Plant $26.70 17120 Clear Creek Road,Reddin ,CA 10 Stillwater Wastewater Treatment Plant $26.70 6475 Ai ort Road,Anderson, CA 11 Softball Park,K-1 Ball Field&Tiger Field $26.70 12 West Central Landfill $26.70 14095 Clear Creek Road,I o, CA 13 �U Offices, Avtech Building $26.70 3611 Avtech Parkwa ,Reddin , CA Consulting and Professional Services Contract [New June 2023] Page 23 14 parks Restroom Lockup Various Locations Listed: 899 $26.70 N. Market Street(one(1)restroom site),Caldwell Park (four(4)restroom sites), Bonnyview Boat Ramp— 3855 S. Bonnyview(one(1)restroom site), 702 Auditorium Drive two 2)restroom sites) 15 Sacramento River Trail System/Public Works Facilities $33.00 16 Buckeye Water Treatment Plant $2� �5 11501 Benson Drive, Shasta, CA l� Foothill Water Treatment Plant $2� �5 3100 Foothill Boulevard,Reddin , CA 1 g Pump Station 1 �2� �5 2300 Riverside Drive,Reddin , CA 19 pump Station 3 $2� �5 299 Sulfur Creek,Reddin , CA 20 Pump Station 5 $2� �5 941 S rin er Drive,Reddin , CA 21 Dr.Martin Luther King Jr.Center �2� �5 1815 Sheridan Street,Reddin , CA 22 South Sacramento River Trail Restroom �Z� �5 2300 Riverside Drive, Reddin , CA 23 Nur Pon Open Space Restroom&Gate $2� �5 2502 Henderson Road, Reddin , CA 24 Buckeye Park Restroom&Gate $2� �5 3500 Hiatt Drive,Reddin , CA 25 Hi11900 Access Throu h Foothill Treatment Plant No rice Item No.3 Manned and/or Patrolled Security Services as may be requested, at straight time haurly rate(overtime shall be at 1-1/2 times of straight time hourly rate), for additional work, small special events, andlor emergencies: 1 On-Site Securit Officer $32.50 er hour 2 Patrol Officer $33.15 er hour Indicate the guaranteed range of hourly wage for standard Patrol Officer: $16.50 thru$17.25 Indicated the guaranteed range of hourly wage for On-Site Security Officer: $18.00 thru$18.50 Other Charges(specify): Consulting and Professional Services Contract[New June 2023] Page 24 EXHIBIT C FTA REQUIRED FEDERAL CLAUSES CITY OF REDDING REDDING AREA BUS AUTHORITY FY 2023 The required FTA Grant Contract Provisions set forth herein shall be incorporated into and become part of the contempiated contract documents executed in connection with an award of this contract to the Vendor. In case of any conflict or discrepancy, the FTA Grant Contract Provisions set forth herein shall prevail over all other terms and conditions contained in the RFB,the contents of the successful proposal, and/or the Professional Services Agreement. This Contract is subject to a financial assistance contract between RABA and the United States of America (hereinafter "Federal Government"),acting through the Department of Transportation(hereinafter"U.S. DOT"),and Federal Transit Administration (hereinafter "FTA"). Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives including without limitation those listed directly or by reference in the FTA Master Agreement between RABA and FTA,as amended,and are incorporated herein by this reference.Contractor shall comply with these FTA requirements and as they may be amended or promulgated from time to time during the term of this Contract.The Contractor shall not perform any act,fail to perform any act,or refuse to comply with any RABA directives,which would cause RABA to be in violation of FTA requirements. Contractor's failure to comply with these FTA requirements and RABA directives shall constitute a material breach of this Contract. If FTA requires any change to this Contract to comply with its requirements, both parties agree to amend this Contract as required by FTA. If such changes cause an increase or decrease in the work to be performed by Contractor or the time for such performance, then the compensation to be paid Contractor and time of performance shall be equitably adjusted. 1. FLY AMERICA Applies to all contracts GREATER THAN$10,000 that include air transportation of persons or property between US and foreign or between foreign places. Flows down to first tier contractors and lower tier contractors and subcontractors. Contractor agrees to comply with 49 US.C.40118(the"Fly America"Act) in accordance with the General5ervices Administration's regulations at 41 CFR Part 301-10, which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government-financed international air travel and transportation of their personal effects or property,to the extent such service is available, unless travel by foreign air carrier is a matter of necessity,as defined by the Fly America Act.Contractor shall submit,if a foreign air carrier was used,an appropriate certification or memorandum adequately explaining why service by a U.S.flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation. 2. BUY AMERICA Applies to Construction, Equip&Supplies,or Rolling Stock contract GREATER THAN$100,000 DOES NOT APPLY TO THIS CONTRACT. Consulting and Professional Services Contract [New June 2023] Page 25 3. CARGO PREFERENCE Applies to all contracts GREATER THAN $2,500 involving equipment, materials, or commodities which may be transported by ocean vessels. Flow Down: Applies to all subcontracts when the subcontract may be involved with the transport of equipment, material, or commodities by ocean vessel. Contractor agrees: a. to use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of -lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the Contractor in the case of a subcontractor's bill-of-lading.)c.to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel. 4. SEISMIC SAFETY Applies to Construction and A&E contracts GREATER THAN $2,500 for any new building or addition to existing building that will be desi�ned and constructed in accordance with the standards for seismic safety. DOES NOT APPLY TO THIS CONTRACT. 5. ENERGY CONSERVATION Applies to mandatory standards and polices relating to energy efficiency on all contracts GREATER THAN $10,000. Flows down to all third party contractors and their contracts at every tier. Contractor shall comply with mandatory standards and policies relating to energy efficiency that are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act, 42 U.S.C. '6321 et seq. and 49 CFR Part 18. 6. CLEAN WATER ACT Applies to al) contracts and subcontracts GREATER THAN$100,000. Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Contro)Act, as amended, 33 U.S.C. 1251 et seq. Contractor agrees to report each violation to the RABA and understands and agrees that the RABA will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. Consulting and Professional Services Contract [New June 2023] Page 26 Contractor aiso agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. 7. LOBBYING RESTRICTIONS Applies to Construction, Rolling Stock, Professional Services,and A&E contracts GREATER THAN $100,000. Byrd Rnti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. ' 1601,et seq.) Micro-purchases are defined as those purchases under $2,500. These requirements do not apply to micro- purchases. Lobbying requirements mandate the maximum flow down, pursuant to Byrd Anti-Lobbying Amendment. A bidder or offeror must submit to RABA the appropriate Certification Re�ardin� Lobbvin�(attached as Exhibit C herein)with all bids or offers on FTA-funded Construction,RS,PS,and A&E contracts GREATER THAN$100,000, except those subiect to a�eneral waiver. Bids or offers that are not accompanied bv a completed certification must be reiected as nonresponsive. Clause and specific language herein are mandated by 49 CFR Part 19,Appendix A Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress,officer or employee of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federat contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. 8. ACCESS TO RECORDS AND REPORTS Applies to Construction,Rolling Stock, Professiona)Services,and A&E contracts GREATER THAN$10,000. Flow Down: The FTA does not require the inclusion of these requirements in subcontracts. Contractor agrees to provide the RABA, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)I, which is receiving federal financial assistance through the programs described at 49 U.S.C.5307,5309 or 5311. Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. Contractor agrees to maintain all books, records, accounts and reports required under this Contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the RABA, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. (Reference 49 CFR 18.39(i)(I 1).) Consulting and Professional Services Contract [New June 2023] Page 2'7 FEDERAI.CHANGES Applies to all contracts GREATER THAN$10,000. Flows down appropriately to each applicable changed requirement. Contractor shall at ali times compiy with ali applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between RABA and FTA, as they may be amended or promulgated from time to time during the term of its contract with RABA.Contractor's failure to so comply shall constitute a materiai breach of its contract with RABA. 10. BONDING Applies to Construction (or facility improvement contracts or subcontracts)GREATER THAN$100,000 DOES NOT APPLY TO THIS CONTRACT. 11. CLEAN AIR ACT Applies to all contracts GREATER THAN$100,000, including indefinite quantities where the amount is expected to exceed$100,000 in a year Flows down to all subcontracts which exceed$100,000. Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended,42 U.S.C. " 7401 et seq. Contractor agrees to report each violation to the RABA and understands and agrees that the RABA will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. Contractor agrees to comply with the following EPA regulations as applicable: "Control of Air Pollution from Mobile Sources,"40 C.F.R. Part 85; "Control of Air Pollution from New and In-Use Motor Vehicles and New and In- Use Motor Vehicle Engines; Certification and Test Procedures," 40 C.F.R. Part 86; and "Fuel Economy of Motor Vehicles,"40 C.F.R. Part 600, and any revisions thereto. 12. RECYCLED PRODUCTS Applies to all contracts GREATER THAN$10,000 for items desi�nated bv EPA when procuring$10,000 OR MORE PER YEAR. Flows down to all contractors and subcontractors. Contractor agrees to comply with all of the requirements of Section 6002 of the Resource Conservation and Recovery Act, as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247 and Executive Order 12873,as they may apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. 13. DAVIS BACON AND COPEl.AND ANTI-KICKBACK ACTS-FEDERAL PREVAILING WAGE Applies to construction contracts GREATER THAN$2,000. DOES NOT APPLY TO THIS CONTRACT. Consulting and Professional Services Contract [New June 2023] Page 28 14. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT Applies to Construction contracts--including actual construction, alteration, or repair including painting and decorating--GREATER THAN$100,000. DOES NOT APPLY TO THIS CONTRACT. 15. NO GOVERNMENT OBLIGATION TO THIRD PARTIES Applies to all contracts GREATER THAN$10,000. Flow down: Although flow down is not required by statute or regulation for either primary contractors or subcontractors, the concept should flow down to all levels to clarify that the federal government does not have contractual liability. A. RABA and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government,the Federal Government is not a party to the contract and shall not be subject to any obligations or liabilities to RABA, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. B. Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified except to identify the subcontractor who will be subject to its provisions. 16. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS Applies to all contracts GREATER THAN$10,000. Flows down to contractors and subcontractors who make, present, or submit covered claims and statements. Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. ' 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this Contract work is being performed. In addition to other penalties that may be applicable,Contractor further acknowledges that if it makes,or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right ta impose the penalties of the Program Fraud Civil Remedies Act of 1986 on Contractor to the extent the Federal Government deems appropriate. Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission,or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under authority of 49 U.S.C. ' 5307, the Government reserves the right to impose the penalties of 18 U.S.C. ' 1001 and 49 U.S.C. ' 5307(n)(I) on Contractor, to the extent the Federal Government deems appropriate. Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. Consulting and Professional Services Contract [New June 2023) Page 29 17. TERMINATION Applies to all contracts GREATER THAN$10,000(except contracts with nonprofit organizations and institutions of higher education). RABA, by written notice, may terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is terminated, RABA shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. 18. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION Applies to all contracts and subcontracts at any level GREATER THAN OR EQUAL TO$25,000 as well as any contract or subcontract at any level for federally required auditing services(49 CFR 29.220(b). Contractors who applv or bid for an award of$25 000 or more shall submit to RABA the appropriate Debarment and Suspension Certification (attached as Exhibit D herein) with all bids or offers on FTA-funded contracts except those subiect to a�eneral waiver. This contract is a covered transaction for purposes of 49 CFR Part 29. As such,the contractor is required to verify that the contractor, its principals (as defined at 49 CFR 29.995) or affiliates (as defined at 49 CFR 29.905) are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. Contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. 19. PRIVACY ACT Applies to all contracts GREATER THAN $10,000 where RABA maintains files on drug and alcohol enforcement activities for the FTA. Flows down to each third party contractor and their contracts at every tier. Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, U.S.C. 'S52(a). Among other things, Contractor agrees to obtain the express consent of the Federal Government before Contractor or its employees operate a system of records on behalf of the Federal Government.Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved,and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA. 20. CIVIL RIGHTS REQUIREMENTS Consulting and Professional Services Contract [New June 2023] Page 30 Applies to all contracts GREATER THAN$10,000. Flows down to all third party contractors and their contracts at every tier. The following Civil Rights requirements apply to the underlying contract: A. Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended,42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended,42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990,42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. §5332, Contractor agrees that it wil� not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age,or disability. In addition,the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. B. Equal Emplovment Opportunitv-The following equal employment opportunity requirements apply to the underlying contract: (1) Race, Color, Creed, National Ori�in, Sex- In accordance with Title VII of the Civil Rights Act,as amended,42 U.S.C. §2000e, and Federal transit laws at 49 U.S.C. §5332,Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor(U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,"41 C.F.R. Parts 60 et se�c ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity,"42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. 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. In addition, Contractor agrees to comply with any implementing requirements FTA may issue. (2) A�e- In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. §§623 and Federal transit law at 49 U.S.C. §5332,Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, Contractor agrees to comply with any implementing requirements FTA may issue. (3} Disabilities- In accordance with section 102 of the Americans with Disabilities Act, as amended,42 U.S.C. § 12112, Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, Contractor agrees to comply with any implementing requirements FTA may issue. C. Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. 21. BREACHES AND DISPUTE RESOLUTION Applies to all contracts GREATER THAN$100,000 Flows down to all tiers. Consulting and Professional Services Contract [New June 2023] Page 31 City of Redding contract requirements regarding disputes apply. 22. DISADVANTAGED BUSINESS ENTERPRISE (DBE) APPLIES TO ALL CONTRACTS. Requirements of clause subsection b flows down to subcontracts. Contractors who applv or bid for an award of $10 000 or more shall submit to RABA the appropriate DBE certification (attached as Exhibit E herein) with all bids or offers on FTA-funded contracts except those subject to a �eneral waiver. Bids or offers that are not accompanied bv a completed certification must be reiected as nonresponsive. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs.The national goal for participation of Disadvantaged Business Enterprises(DBE) is 10%. RABA's overall goal for DBE participation is.30%.A separate contract�oal has not been established for this procurement. Contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract.The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract,which may result in the termination of this contract or such other remedy as RABR deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). The successful bidder/offeror will be required to report its DBE participation obtained through race-neutral means throughout the period of performance. Contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor's receipt of payment for that work from RABA. In addition,the contractor is required to return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor's work by RABA and contractor's receipt of the partial retainage payment related to the subcontractor's work. Contractor must promptly notify RABA whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work.The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of RABA. Bids or offers that are not accompanied by a completed DBE certification must be rejected as nonresponsive. 23. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA)TERMS Applies to all contracts GREATER THAN $10,000. The incorporation of FTA terms has unlimited flow down. The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT,whether or not expressly set forth in the preceding contract provisions.All contractual provisions required by DOT,as set forth Consulting and Professional Services Contract [New June 2023] Page 32 in FTA Circular 4220.1F,dated November 1, 2008, are hereby incorporated by reference.Anything to the contrary herein notwithstanding, all FTA mandated terms shali be deemed to control in the event of a conflict with other provisions contained in this Agreement.The Contractor shall not perform any act,fail to perform any act,or refuse to comply with any REDDING AREA BUS AUTHORIIY requests,which would cause REDDING AREA BUS AUTHORITY to be in violation of the FTA terms and conditions. Consulting and Professional Services Contract [New June 2023] Page 33 ACKNOWCEQGEMENT OF RECEIPT AND CERTIFICATION OF COMPLIANCE WITH FEDERAL CONTRACT CLAUSES To be campleted for all pracurements over$1Q,000, Contractor/Vendor acknowledges receipt af the attached Federal Contract Clauses and certifies compliance with ail federal requirements related to this Contract/Rgreement. Date �'' ��' �� Signature � � �� Company Name � . , � � �,/< Title _� °2� ����'" 1 t��� � The fallowing Certifications are submitted alang with this ack,nowledgement: Yes N/A ❑ ❑ Certification Regarding Labbying(for offers exceeding$1Q0,000J ❑ ❑ Government-wide Debarment and Suspension (for caffers�$25,OQ0J ❑ DBE Certificafion ❑ Conflict of Interest ❑ Notifieation to Agency The fotlowing clauses which appEy only to contracts exceeding$100,Q00: ❑ 6. Clean Water Act ❑ 7. l.c�bbying Restrictians ❑ 11. Clean Air Act ❑ 12. Recycled Products ❑ 21. Breaches and Dispute Resolutian ❑ Exhibit C Certificate for Labbying Consulting and Professional Services Cantract[New June 2023] Page 34 I IT 49 GFR PART20--CERTIFICATIt�N REGARDING �QBBYING Certification for Contracts,Grants, Lc�ans,and Cooperative Agreements (Ta be submifted with each bid or affer exce�ding$100,Q00) The undersigned Contractor eertifies,to the best of his ar her knowledge and belief,that: (1) No Federal appropriated funds have been paid ar will be paid, by or an behalf af the andersigned,ta any person for influencing ar attempting ta influence an officer or employee of an agency, a Member af Congress, en afficer or employee af Cangress, or an employee of a Member of Congress in cannection with the awarding of any Federal cantract, the making of any FederaB grant, the making af any Federal laan, the entering into of any coaperative agreement,and the extension,continuatian, renewal,amendrnent,or modificatian ofany Federal contraet,grant, loan, or cooperative agreement. (2) If any funds ather than Federal apprapriated funds have been paid ar wi11 be pa`id to any person for making lobbying contacts ta an officer or employee of any agency, a Member of Congress, an officer ar employee of Cangress, or an employee of a Member af Congr�ss in connection with this Federal cantract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, '°Disclosure Form to Repart Lobbying,°' in accordance with its�nstructians[as amended by"Gavernment wide Guidance for New Restrictians on Lobbying,"61 Fed.Reg.1413 (1/19j96). Note: Language in paragraph (2) herein has been modified in accordanee with Section 1Q of the Lobbying Discic�sure Act of 1995(P.L. 104-65,ta be cadified at 2 U.S.C; 1601,etseq.)� (3) The undersigned shail require that the language of this certificatian be included in the award documents for all subawards at all tiers (including subeontracts, subgrants, and cQntracts under grants, foans, and caoperative agreements}and that all subrecipients shall certify and disclase accordingly. This certificatian is a material representation of fact upon which reliance was placed when this transaction wa� made or entered into. Submission of this certificatian is a prerequisite for making or entering into this transaetion imposed by 31, U.S;C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any persan who fails to file the required certification sha11 be subject to a civil penaity of not less than$10,000 and not more than$10a,000 foreach such failure. [Note;Pursuant to 31 U.S.C.§1352(c)(1)-(2)(A),any person who makes a prohibited expenditure ar failsto file ar amend a requir-ed certificatian or disclasure form shall be subject ta a ciuAl penaltyof not less than$10,Q00 and not more than $100,000 for each sueh expenditure or failure.] Contractor certifies or affirms the truthfulness and accuracy af each statement of its cer�ification and disclosure, if any. In addition, the Contractor understands and agrees that the pravisions of 31 U:S.�`. A 3801, et seq., apply to this certif►cation and disclosure,if any: Date _ "�,' �� ""�� Signature of Cantractor's Authorized afficial �;0 Name of Contractor`s Auth�rized Offieial �� �S Title of Contractor"s Authorized Official $�� �1 � t � Company Nam� �f Y� `�"$�✓ � ��' Consulting and Professional Services Contract [New June 2023) Page 35 i ir Gt3VERNMENT-WIDE pEBARMENT AND SUSPENSIC?N 49�C�R Part 29 (To be submitted with each bid or offer egual to or exceeding$25,OQ0) The Cantractor certifies that, neither the Gontractor firm nor any owner, partner, director, officer, or prinaipal of the Contractor, nr�r any person in a position with management respans'ibility ar respansibility far the administration of federal funds: (a) Is presentfy debarred, suspended, prapased far debarment,declared ine(igible,or voluntarily excluded from covered transactions by any federal or st�te department/agency; (b) Has within a three-year period preceding this certificatian been convicted of ar had a civil judgment rendered against it for: commission of fraud ar a criminal offense in connection with obtaining, attempting ta obtain, or performing a public transaction or contract(federal,state, ar local),;violation af federal ar state ar�titruststatutes;or commission of embezzlement,theft,forgery, bribery,falsificatian or destruction of records, making false statements, or receiving stolen property; (c} Is presently indicted for or othe�wise criminally or civiily charged by a gavernmental entity(federal,state, or local�with commission of any of the offenses enumerated in paragraph (b)above;or,, (d) Has within a three-year period preceding this certification had one ar more public transactions or contracts (federal, state,or local)terminated for cause or default. The contractor further certifies fhat it shall not knowingly enter into any transaction with any subcontractor, material supplier,orvendorwho is debarred,suspended,d�clared ineligible,or voluntarily exciuded fram covered transactions by any federal or state departmentJagency. �ate '� .. �'��� �� Signature of Contractor's Authorized Qfficial ,l Name of Contractor's Authorized Qfficial - � Title of Contractor"s Autharized QfFicial � � , �� Company Name -" ��,.; � �, , Company Address_ � (� l'��'��� Campany CityJState/Zip Code ,� � �. . ( '�1� Q�� Company Area Code/Telephane Number/E-Mail Address. � �1 , . a .. � . � The certification in this claus2 is a materiat representation f fact relied upon lay RABA. If it is later determined that the bidder or proposer knowingly rendered an erroneaus certification,in additian to remedies available to RABA,the Federal Government may pursue available remedies, ineluding but not limited to suspension and/or debarment. The bidder ar praposer agrees to comply with the requirements of 49 CFR 29,Subpart C while this ofFer is valid and throughcaut the periad of any contract that may arise from this affer: The bidder or proposer further agrees to inctudea prouisic�n requiring such complianee in its lawer tier covered transactians. Consulting and Professional Services Contract [New June 2023] Page 36 EXHIBIT F DISADVANTAGED BUSINESS ENTERPRISE INFORMATION FORM Background The term "Disadvantaged Business Enterprise" or "DBE" means a for-profit smali business concern as defined in Title 49,Part 26.5,Code of Federai Regulations(CFR). It is the policy of the Redding Area Bus Authority(RABA),the California Department of Transportation (CalTrans), and the U.S. Department of Transportation that DBE's have the maximum opportunity to participate in the performance of contracts financed in whole or in part with federal transportation funds. A certified DBE may participate in the performance of RABA contracts as a contractor, subcontractor, joint venture partner, or as a vendor of material or supplies. Requirements and Purpose of Form The awardee shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts. Even if no DBE participation will be reported,the awardee shall check the "No DBE Participation" option below(Option#1), and sign and return this form. Resources The California Unified Certification Program (CUCP) may be used for DBE certification and to identify firms eligible to participate as DBE's. The CUCP database may be accessed on-line at http://www.californiaucp.com. If you believe a firm is certified but cannot locate it in the CUCP database,you may contact the CalTrans Office of Certification toll free number 1-866-810-6346 for assistance. If you do not have internet access,you may order a written directory of certified DBE firms from the CalTrans Division of Procurement and Contracts/Publication Unit, 1900 Royal Oaks Drive, Sacramento,CA 95815,telephone 916-445-3520. Demonstration of Good Faith Effort DBE Utilization (Awardee must check Option#1 or Option#2 befow, provide required information regarding certified DBE's, and sign this Certification Page 2J None? Initial Here and skip to Contractor Certification below. Option#1- No Certified DBE participation proposed for this contract Utilizing DBE? Initial Here and complete all info below. Option#2- It is proposed that the following DBE's be used on this contract(you may attach additional sheets if necessary). Letter of Intent Name of Certified DBE DBE Certification No. DBE Address DBE Telephone No. DBE E-Mail Address Consulting and Professional Services Contract [New June 2023] Page 37 Capacity of DBE (e.g. contractor, subcontractor, $Amount DBE Participation vendor) Description of services or materials to be provided by DBE Name of Certified DBE DBE Certification No. DBE Address DBE Telephone No. DBE E-Mai)Address Capacity of DBE(e.g. contractor,subcontractor, $Amount DBE Participation vendor) Description of services or materials to be provided by DBE Affirmation The above-named DBE firm affirms that it will perform the portion of the contract for the estimated dollar value as stated above. By (Signature) (Title) If the bidder/offeror does not receive award of the prime contract,any and all representations in this Letter of Intent and Affirmation shall be null and void. Contractor Certi�cation Submitted by: Signature Date Print Name and Title Name of Contractor, if different from Signatory Consulting and Professional Services Contract [New June 2023] Page 38 EXHIBIT G DISCLOSURE OF CONFLICTS OF INTEREST It is RABA's policy that each entity that enters into a contract with RABA is required, prior to entering into such contract, to inform RABA of any real or apparent organizational conflict of interest. Such organizational conflict of interest exists when the nature of the work to be performed under a contract may,without some restriction on future activities,result in an unfair competitive advantage to the contractor, or may impact the contractor's objectivity in performing the contract work. Based on this policy: a. The offeror shall provide a statement in its proposal which describes in a concise manner all past, present or planned organizational, financial, contractual or other interest(s) with RABA, or with an organization whose interests may be substantially affected by RABA activities,and which is related to the work under this solicitation. The interest(s) described shall include those of the proposer, its affiliates, proposed consultants, proposed subcontractors and key personnel of any of the above. Past interest shall be limited to within one year of the date of the offeror's technical proposal. Key personnel shall include any person owning more than 20% interest in the offeror, and the offeror's corporate officers, its senior managers and any employee who is responsible for making a decision or taking an action on this contract where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.The offeror shall describe in detail why it believes, in light of the interest(s) identified in (a) above, that performance of the proposed contract can be accomplished in an impartial and objective manner. b. In the absence of any relevant interest identified in(a)above,the offeror shall submit in its proposal a statement certifying that to its best knowledge and belief no affiliation exists relevant to possible conflicts of interest. The offeror must obtain the same information from potential subcontractors prior to award of a subcontract. c. The Purchasing Officer will review the statement submitted and may require additional relevant information from the offeror. All such information, and any other relevant information known to RABA, will be used to determine whether an award to the offeror may create a conflict of interest. If any such conflict of interest is found to exist, the Purchasing Officer may (1) disqualify the offeror, or (2) determine that it is otherwise in the best interest of RABA to contract with the offeror and include appropriate provisions to mitigate or avoid such conflict in the contract awarded. d. The refusal to provide the disclosure or representation, or any additional information required, may result in disqualification of the offeror for award. If nondisclosure or misrepresentation is discovered after award, the resulting contract may be terminated. If after award the Contractor discovers a conflict of interest with respect to the contract awarded as a result of this solicitation, which could not reasonably have been know prior to award, an immediate and full disclosure shall be made in writing to the Purchasing Officer.The disclosure shall include a full description of the conflict, a description of the action the contractor has taken, or proposes to take,to avoid or mitigate such conflict. The Purchasing Officer may, however, terminate the contract for convenience if he or she deems that termination is in the best interest of RABA. Consulting and Professional Services Contract [New June 2023] Page 39 ❑ 1 belieue a canflict exists ar has existed in the past 12 manth,and 1 have attached a statement describing such conflict in a concise manner. I� Ta the best of my knawledge and belief no affiliation exists relevant to possible confliets of interest with � specific regard ta this cantract. . �,� w�" ��' ��' Signature Date Print Na and Tltle Cansulting and Professional Services Contract[New June 2023] Fage 40 I IT Notification to Agency (legal Matters pertaining ta FTA) Vendor hereby acknowledges that if a current or prospective Iegal matter that may affect the Federaf Government interest in the contract emerges,Vendor must promptfy inform the Redding Area Bus Authority sa that it may notify the Federal Transit Admirri'stratian andfor it's designee,the Califorrria Department afTransportation. The types of legal matters that require notification include,but are not limited to,a major dispute,breach, default, litigatian, or naming the Federal Gavernment as a party to litigation ar a legal disagreement in any forum far any reason. �I���� �`�A,��'✓ ��i�{�� Frrm Name � ���� C�;� -�- 10� 2� Authorized SignaturejTitle date Consulting and Professianal Services Contract[New June 2023] Page 41