The URL can be used to link to this page

Home My WebLink AboutELITE COMMAND TRAINING (2)�i IiJSUISf!ir'Ct_ i_XPISL FED 2 3 2021. ,7_021...__.....r..._......_. 1EI1K iii CJiit!rIH.. A-2020-238-02 / \\ U3 pplSAn � FOR THE AGREEMENT PROVIDE HEIM / ANTRNAUINING COURSES AND EXERCISES RBAN AREA ON AN AS -NEEDED BASIS THIS AGREEMENT is made and entered into this Ist day of December, 2020, by and between Elite Command Training ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On August 10, 2020, the Santa Ana Police Department ("SAPD") issued Request for Qualifications No. 20-062 ("RFQ"), by which it sought to identify and qualify suitable vendors capable of delivering a broad choice of homeland security -related training courses and exercises conducted by professionals in the fields of law, fire, public health, emergency management and eybersecurity. B. These courses are in support of the Anaheim/Santa Ana Urban Area ("ASAUA") Homeland Security Regional Training and Exercise Program and will be funded by a grant awarded to the City by the United States Department of Homeland Security's Urban Areas Security Initiative ("UASI") and administered by SAPD. The ASAUA consists of the incorporated cities in Orange County and the police departments of the University of California, Irvine, California State University, Fullerton, and community colleges in the County of Orange. C. Through SAPD, the training and exercise programs will be made available to agencies in the ASAUA on an as -needed basis to enhance domestic preparedness for acts of terrorism. D. Contractor submitted a responsive proposal that was among those selected by the City. E. In undertaldng the performance of this Agreement, Contractor represents that it is Imowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an as -needed basis, and at the sole discretion of City, Contractor shall conduct the training and/or exercise programs described in the scope of services provided in the RFQ and attached hereto as Exhibit A. Contractor's proposal is incorporated by reference as though fully set forth herein. In the performance of all services, Contractor shall comply and provide the required training/classes and exercises attached hereto as Exhibit B. Page 1 of 12 2. CHANGE ORDERS/AMENDMENTS a. To maintain flexibility that allows first responders to address emerging and unforeseeable threats, the ASAUA Homeland Security Regional Training and Exercise Program will utilize a Change Order provision to request other training and exercise courses at the City's request. Change Orders will be used to approve training and/or exercises and can modify the existing scope of work for specialty and other ad -hoc training and exercises on an as needed basis. Change Orders will be drafted by the UASI Grant Coordinator, reviewed and approved by the Contractor, then forwarded to the Chief of Police and the City Manager for the City of Santa Ana or their designees for approval. Any change order that contains any terms contrary to services provided within this Agreement shall be void, unless City and Consultant have expressly agreed in a writing, requiring approval by the City Manager and the City Attorney's office. Consultant agrees and understands that substantive changes to the terms of the Agreement are subject to approval by the City Council. 3. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Any compensation payable to Contractor shall be paid from a portion of the above - referenced UASI grant awarded to the City in the amount of $3,147,600, which shall serve as the total amount payable for all training and exercise programs supplied under RFQ No. 20-062. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on the date stated above and continue through November 30, 2023, unless terminated earlier in accordance with Section 18, below. The ter.•n of this Agreement may be extended for up to two (2) one (1) year period upon a writing executed by the City Manager and the City Attorney and,subject to funding. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor Page 2 of 12 performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned autornobiles. Page 3 of 12 C. Worker's Compensation Insurance. In accordance with the California Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. C. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in fall force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be famished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. (iv) Contractor shall supply City with a fully executed additional insured endorsement. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Contractor agrees to and shall indemnify, defend, and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligence or willful misconduct of the Contractor or its, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. Page 4 of 12 This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terns of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Contractor's indemnification obligations in this section shall survive expiration of this Agreement. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend, indemnify, and hold harmless City, its officers, agents, representatives, and employees against any and all liability or losses, including costs and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright, alleged or contained in the work product or documents provided or used by Contractor under this Agreement. 10. CONFORMITY WITH LAW AND SAFETY In performing any services under this Agreement, Contractor shall observe and comply with all applicable laws, ordinances, codes, and regulations of governmental agencies, including federal, state, municipal, and local governing bodies having jurisdiction over the scope of services, including all provisions of the California Occupational Safety and Health Act. Contractor shall indemnify, defend, and hold harmless City from any and all liability, fines, penalties, and consequences from any of Contractor's failures to comply with such laws, ordinances, codes, and regulations. 11. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 12. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that Page 5 of 12 it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 13. CONFLICT OF INTEREST CLAUSE a. Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with the performance of services specified under this Agreement. b. The parties understand that outside parties, subject to receipt of financial benefit from UASI funding, as noted in Recital Section B and the RFQ, are often utilized by the ASA UASI as subject matter expert reviewing training and exercise proposals. To avoid potential conflict of interest of engaging sub -contractors, subject to receipt of financial benefit from UASI funding, shall not be engaged by the Contractor as a sub- contractor to provide the services provided in this Agreement, or any change order or amendment thereto. 14. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the mariner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 With courtesy copies to: Roland Andrade, Sergeant UASI Grant Coordinator Homeland Security Division Santa Ana Police Department Page 6 of 12 To Contractor: 60 Civic Center Plaza Santa Ana, CA 92701 Sandra Bryant, CEO Elite Command Training 26741 Portola Parkway, Ste. I 4833 Foothill Ranch, CA. 92610 (626)290-6007 clite@elitecommandtraining.com A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 15. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter therein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 16. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, ,transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. Page 7 of 12 17. WAIVER No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy shall be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, City may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. 19. NONDISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 20. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 21. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Page 8 of 12 Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 22. CERTIFICATIONS a. Debarment and Suspension. Contractor will comply, and all its subcontractors will comply, with applicable federal suspension and debarment regulations including, but not limited to, Executive Orders 12549 and 12689, and 2 Code of Federal Regulations (CFR) §200.212 and codified in 2 CFR Part 200. b. Section 504 of the Rehabilitation Act of 1973. All recipients of federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise qualified disabled person shall, solely by reason of disability be excluded from the participation in, be denied the benefits of or be subject to discrimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. Contractor agrees it will ensure that requirements of The Act shall be included in any agreements with and be binding on all of its subcontractors, assignees, or successors. C. Americans with Disabilities Act of 1990 (ADA). Contractor must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. d. Lobbying and Political Activity. None of the funds, materials, property, or services provided directly or indirectly under this Agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act". e. Contractor will comply, and all its subcontractors will comply, with all applicable lobbying prohibitions and laws, including those found in United States Code Title 31, § 1352, et seq., and agrees that none of the funds provided under this award may be expended by the Contractor to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action concerning the award or renewal of any federal contract, grant, loan, or cooperative agreement. f. Contractor will comply, and all its subcontractors will comply, with all requirements of the Byrd Anti -Lobbying Amendment (31 U.S.C. 1352), as applicable. g. Non -Discrimination and Equal Opportunity. Contractor will comply, and all its subcontractors will comply, with Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975, as amended; Drug Abuse Office and Treatment Act of 1972, as amended; Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended; Section 523 and 527 of the Public Health Service Act of Page 9 of 12 1912, as amended; Title VIII of the Civil Rights Act of 1968, as amended; Department of Justice Non -Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a Federal or State court, Federal or State administrative agency, or the Contractor makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against Contractor, Contractor will forward a copy of the findings to City, which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. h. Contractor will comply, and all its subcontractors will comply, with all requirements of the Executive Order 11246 of September 24, 1965, entitled "Equal Employment -Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60), as applicable. i. Contractor will comply, and all its subcontractors will comply, with all requirements of the California Public Contract Code Section 10295.3, as applicable. j. Contractor will comply, and all its subcontractors will comply, with all requirements of the Copeland "Anti -Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3), as applicable. k. Contractor will comply, and all its subcontractors will comply, with all requirements of the Davis -Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. 1. Contractor will comply, and all its subcontractors will comply, with all requirements of Sections 103 and 107 of the Contract Work and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. in. Contractor will comply, and all its subcontractors will comply, with all applicable standards, orders or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the Environmental Protection Agency regulations (40 CFR part 15), as applicable. n. Contractor will comply, and all its subcontractors will comply, with all requirements of the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Star. 871), (53 FR 8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19645, Apr. 19, 1995), as applicable. 1 o. Contractor will comply, and all its subcontractors will comply, with all requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as applicable. P. Contractor agrees that the Department of Homeland Security shall have the authority to seek patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement based on the requirements of 37 CFR§ 401, as applicable. Page 10 of 12 q Contractor may copyright any books, publications or other copyrightable materials developed in the course of or under this Agreement. However, the federal awarding agency, State Administrative Agency (SAA), and City reserve a royalty -free, non-exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government, SAA and/or City purpose: (1) the copyright in any work developed through this Agreement; and (2) any rights of copyright to which the Contractor purchases ownership with support through this grant. The Federal government's, SAA's and City's rights identified above must be conveyed to the publisher and the language of the publisher's release form must ensure the preservation of these rights. 23. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signature page to follow] Page 11 of 12 A-2020-238-02 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year fast above written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney 4� Tamara Bogosian Senior Assistant City Attorney FOR APPROVAL: Da ' alentin Chief of Police CITY OF SANTA ANA Kn�stme Ridge City Manager CONTRACTOR: By: Sandra Bryant Title: CEO Page 12 of 12 EXHIBIT A SCOPE OF SERVICES The specific requirements of this RFQ have been listed in two sections to allow proposers to respond to either, the training courses component, the exercise component, or both. There is no requirement the Proposer must respond to both components of the RFQ. II. TRAINING COURSES A. ASAUA currently requires training courses in the following specific disciplines: • Law Enforcement/Tactical • Fire/Emergency Medical • Public Health • Emergency Management • Cyber Security B. Contractor shall conduct training courses, which it has been successfully prequalified for, at various locations/venues within the ASAUA. C. Contractor shall prepare course flyers, register attendees, record attendance by signed roster, provide certificates of completions, and verify course completion by the participants. D. Contractor shall prepare and present specified training courses. Course material shall be available at the time the training is provided for each of the training courses the proposer has outlined in their SOQ. E. All training courses presented must meet state and federal guidelines and be approved by Cal OES and DHS for reimbursement under the Homeland Security Grant Program prior to delivery. Refer to the Cal OES website at: http://www.caloes.ca.eov/cal-oes- divisions/california-specialized-training-institute and the DHS website at: hops://www.fema.gov/training for further information regarding state and federal guidelinesfor Department of Homeland Security grants. If any portion of the training course occurs outside of the classroom, an Environmental & Historic Preservation (EHP) approval must be obtained from FEMA/Cal OES prior to delivery of the course. The EHP approval is location specific and if an EHP approval is required, one must be obtained for each location where the course is delivered. It shall be the responsibility of the Proposer to complete all of the forms and documentation necessary to obtain the required approvals. Contractor shall ensure that, when required, an Environmental Historic Preservation (EHP) approval has been issued to the ASAUA before delivery of the training course. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist the Proposer with the submission of the requests for approval. The City shall not be billed for any costs associated with obtaining these approvals. F. Contractor shall offer course content that satisfies the five preparedness priorities identified in the ASAUA Multiyear Training & Exercises plan. The ASAUA MTEP is attached for reference. G. Contractor shall provide all required training material, handouts, course syllabus and/or written curriculum. H. Contractor shall collect written survey comments/course evaluations from participants at the conclusion of every course offered. Survey/course evaluations will be conducted in a manner specified by the City. A standardized course survey form will be provided to the successful proposers. A record of responses shall be maintained throughout the term of the agreement by Contractor, and organized by training course, date, instructor, etc. Frequently mentioned comments shall be reported to City Project Manager. Electronic reporting shall be made available to the City upon request. I. City reserves the right to cancel training courses with fourteen (14) calendar days' notice of delivery date. City shall not be charged for the class, travel costs, or training materials by Contractor if cancellation occurs within this period. J. City reserves the right to cancel training courses for student minimums not being met. K. Contractor shall provide and assign high quality instructors on a consistent basis to deliver the specified courses. L. All instructors shall use the methods suggested by the training protocols established, such as maintaining and updating each training syllabus; introducing and following objectives for each class; completing training as described; and utilizing training aids such as audio/visual systems. M. Contractor and all its instructors shall provide immediate feedback to the City via the ASAUA Homeland Security Regional Training and Exercise Program Manger regarding all customer requests for new or additional services, or to report complaints. N. Contractor will be paid for services rendered. Training days are generally eight (8) hours long (e.g. 8:00 AM — 5:00 PM), including a one (1) hour lunch break. Schedule should include regular breaks on a 50110 break ratio — for every fifty (50) minutes of instruction, there should be a ten (10) minute break. Half days are defined as four (4) hours or less of instruction. O. Training venues may be provided by the City or by hosting agencies based on the needs of the course.,, Contractor must be able to secure training sites at any of,,the jurisdictions within the ASAUA. P. All Contractor -developed courses must be approved by California Office of Emergency Services (Cal OES) for reimbursement under the Homeland Security Grant Program prior to delivery. It is the responsibility of the Contractor to prepare all forms and documentation necessary to obtain all course approvals at its cost. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist Contractor with the submission of the requests for approval. The City shall not be billed for any costs associated with obtaining these approvals. Q. The anticipated start date of this agreement is Winter of 2020. Usage under agreements awarded as a result of this RFQ will begin at this time. R. Depending on the training or exercise, Contractor's instructors and courses may be required to be California Peace Officer Standards & Training (POST) certified or California State Fire Marshal approved. It shall be the responsibility of the Contractor to obtain all POST certifications and California State Fire Marshal course approvals at its cost. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist Contractor with the submission of the requests for certifications and approval. The City shall not be billed for any costs associated with obtaining these certifications and approvals. S. A list of "approved" courses is available from Cal OES at www.caloes.ca.gov and a list of Federal Emergency Management Agency (FEMA) approved classes is available at www.feiiia.gov/trdWllg T. Contractors are responsible for providing all course materials and delivering it to the site(s) of all training at their cost. U. Contractor must work with the ASAUA Homeland Security Regional Training and Exercise Program Manager and requesting agencies to coordinate the training calendar and venue. V. When required, Contractor must obtain the applicable certifications for developed courses before training begins. The need for certification will be determined by the ASAUA Training & Exercise Program Manager. It shall be the responsibility of the Contractor to complete all forms and documentation necessary to obtain the required certifications at its cost. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist the Proposer with the submission of the requests for certification. The City shall not be billed for any costs associated with obtaining these certifications. W. Contractor will be required to obtain Emergency Medical Association (EMA) or Emergency Management Institute (EMI) certification on developed courses at its cost if the course content contains materials that require state and/or federal certification. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist the Contractor with the submission of the requests for certification. The City shall not be billed for any costs associated with obtaining these certifications. X. Contractor may not charge the City for materials brought to the class that are not utilized. Y. Proposers may be selected to provide training based on their expertise within a specific discipline. • Law Enforcement/Tactical • Fire/Emergency Medical • Public Health • Emergency Management • Cyber Security Z. Contractors shall ensure that training participants are members of agencies or organizations located or operating within the ASAUA, or have been approved by the ASAUA Training & Exercise Program Manager or his designee. III. DELIVERABLES / REPORTS FOR TRAINING COURSES A. Course Surveys / Evaluations Course surveys/evaluations results will be tabulated and scored by Contractor. Summary of the results will be provided to the ASAUA Training & Exercise Program Manager. 2. Completed course survey/evaluation forms will be provided to the ASAUA Training & Exercise Program Manager within 30 days of delivery of the training course. B. Contractor must provide course flyers for all training courses to be delivered at its cost. The City will manage distribution of such flyers. C. Contractor must provide to the ASAUA Training & Exercise Program Manager all rosters and sign -in sheets upon completion of the training course for all training courses delivered. Contractor shall maintain a record of all original and electronic copies of all sign -in sheets. Electronic copies of rosters and sign -in sheets must be submitted along with invoices issued to City. D. Contractor shall provide certificates of completion to all students that successfully complete a training course at the conclusion of the training course and provide copies of the certificates to the ASAUA Training & Exercise Program Manager within 30 days of delivery of the training course. Contractor shall maintain a record of all certificates provided students. IV. QUANTITIES FOR TRAINING COURSES Quantities listed herein are estimates and are not to be construed as a commitment. No minimum or maximurn is guaranteed or implied. V. PRICING FOR TRAINING COURSES A. Unless otherwise stated, Proposer agrees that, in the event of a price decline, the benefit of such lower priceyshall be extended to the City. b B. All prices are to be F.O.B. destination. Any freight/delivery charges are to be included. C. All prices quoted shall be in United States dollars and "whole cent," no cent fractions shall be used. There are no exceptions. D. Pricing shall include any and all payment incentives available to the City. E. Proposers are advised that in the evaluation of costs, if applicable, it will be assumed the unit price quoted is correct in the case of a discrepancy between the unit price and an extension. Federal and State minimum wage laws apply. The City has no requirements for living wages. The City is not imposing any additional requirements regarding wages. VI. AWARD FOR TRAINING COURSES A. City reserves the right to reject any or all responses that materially differ from any terms contained in this RFQ, from any Exhibits attached hereto, or from any subsequent addenda; to waive informalities and minor irregularities in responses received; and to provide an opportunity for Proposers to correct minor and immaterial errors contained in their submissions. The decision as to what constitutes a minor irregularity shall be made solely at the discretion of the City. B. The City reserves the right to award an agreement to a single Proposer or multiple Proposers. C. The City has the right to decline to award an agreement or any part thereof for any reason. D. City Council approval to award an Agreement pursuant to this RFQ will be required. E. Any agreement must be negotiated, finalized, and approved by the recommend Contractor prior to City Council approval. F. RFQ specifications, terms, conditions, and Exhibits, RFQ Addenda, and SOQs, may be incorporated into and made a part of any agreement that may be awarded as a result of this RFQ. VII. METHOD OF ORDERING TRAINING COURSES A. As training is required, subsequent solicitations in the form of requests for firm price quotations and scope of work will be requested from Contractors with which the City has an Agreement. B. Individual order price quotations shall be provided upon request per project and shall include, but not be limited to, an identifying (quotation) number, date, City of Santa Ana agreement number, requestor name and phone number, ship to location, itemization of services with complete description and price per item and a summary of total cost for services, shipping, and tax. C. Price quotations will be reviewed and Contractor(s) will be selected by the UASI Grant Office. Purchase Orders (POs) will be issued upon approval of written itemized quotations received from Contractor(s). The City shall not be obligated to accept the lowest priced quotation, but will award individual projects in the best interests of the City after all factors have been evaluated. City reserves the right to negotiate scope of work and pricing prior to award of any project. D. POs will be transmitted electronically, and shall be the only authorization for the Contractor to place an order. E. POs and payments for service will be issued only in the name of the Contractor. F. Contractor shall adapt to changes to the ordering method or ordering procedures as required by the City during the term of the agreement. G. Change orders shall be agreed upon by Contractor and City, and issued as needed in writing by the City. VIII. ACCOUNT MANAGER / SUPPORT STAFF FOR TRAINING COURSES A. Proposer shall provide a dedicated, competent Account Manager who shall be responsible for the City's account / agreement. The Account Manager shall receive all orders from the City and shall be the primary contact for all issues regarding the Proposer's response to this RFQ and any agreement which may arise pursuant to this RFQ. B. Proposer shall also provide adequate, competent support staff that shall be able to service the City during normal working hours (7:00 AM — 5:00 PM), Monday through Friday. Such representative(s) shall be knowledgeable about the agreement, training offered, and able to identify and resolve quickly any issues included, but not limited to order and invoicing problems. C. Contractor's Account Manager shall be familiar with City requirements and standards and work with the City to ensure that established standards are adhered to. D. Contractor's Account Manager shall keep the City and ASAUA Training & Exercise Program Manager informed of requests from departments. IX. EXERCISES A. ASAUA requires seminars, workshops, tabletops, drills, fimctional, and full-scale exercises in the following specific disciplines: • Law Enforcement/Tactical • Fire/Emergency Medical • Public Health • Emergency Management • Cyher Security B. Contractor shall conduct seminars, workshops, tabletops, drills, fimctional, and full-scale exercises at various locations/venues within the ASAUA. All drills, functional and full scale exercises will require an EHP approval from FEMA/Cal OES prior to delivery. It shall be the responsibility of the Contractor to complete all forms and documentation necessary to obtain the required EHP approvals at its cost. Contractor shall ensure that, when required, an Environmental Historic Preservation (EHP) approval letter has been issued to the ASAUA before delivery of any seminars, workshops, tabletops, drills, functional, and full-scale exercises. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist Contractor with the submission of requests for approval. C. All exercises must be conducted in a manner which adheres to all applicable state and federal guidelines, including exercise design and development guidelines outlined in the HSEEP. D. When conducting seminars, workshops, tabletops, drills, functional and full-scale exercises, Contractor shall provide all required exercise consumables, printed materials, handouts, and other materials such as, but not limited to, exercise manuals, special effects, actor moulage, supplies, signage, etc. at its cost. The City shall not be billed nor will it accept requests for reimbursements and/or billing. E. Contractor shall provide and assign high quality personnel such as exercise designers, directors, controllers, evaluators, and support personnel on a consistent basis to deliver the specified seminars, workshops, tabletops, drills, functional, and full-scale exercises. F. Contractor shall provide all multi -media devices necessary for presentations during seminars, workshops, tabletops, drills, functional, frill -scale exercises, and any planning meetings and conferences. G. Contractor and its exercise personnel shall provide immediate feedback to the City via the ASAUA Homeland Security Regional Training and Exercise Program Manger regarding all customer requests for new or additional services or to report complaints. H. Seminar, workshop, tabletop, drill, functional and full-scale exercise venues may be provided by the City or by hosting agencies based on the needs of the exercise. Contractor must be able to secure exercise sites at any of the jurisdictions within the ASAUA. Contractor is responsible for providing exercise materials and delivering it to the site(s) of all seminars, workshops, tabletops, drills, functional and full-scale exercises at its cost. The City shall not be billed nor will it accept requests for reimbursements and/or billing. Contractor may not charge the City for materials brought to the seminars, workshops, tabletops, drills, functional, and full-scale exercises that are not utilized. K. Contractor shall ensure that exercise participants are members of agencies or organizations located or operating within the ASAUA, or have been approved by the ASAUA Training & Exercise Program Manager or his designee. X. QUALIFICATIONS — HOMELAND SECURITY EXERCISE EXPERIENCE The following elements outline the type of experience and expertise proposers should possess related to the development and delivery of seminars, workshops, tabletops, drills, functional and full-scale exercises. Proposers will document their experience and expertise in their SOQs. ASAUA requires seminars, workshops, tabletops, drills, functional and full-scale exercises in the following specific disciplines: • Law Enforcement/Tactical • Fire/Emergency Medical • Public Health • Emergency Management • Cyber Security A. Proposer should be experienced and proficient in the design and delivery of relevant homeland security related seminars, workshops, tabletops, drills, functional and full-scale exercises. B. Proposer should have staff that is experienced and proficient in developing seminars, workshops, tabletops, and drills, functional and full-scale exercises in accordance with HSEEP guidelines. C. Proposer should have staff that is experienced and proficient in conducting seminars, workshops, tabletops, drills, functional and full-scale exercises in accordance with HSEEP guidelines. D. Proposer should have staff that is experienced and proficient in providing training to and coordinating exercise evaluators, controllers, and Simulation Cell operators. XI. DELIVERABLES / REPORTS FOR EXERCISES A. Exercise Documents: Contractor shall provide all documents necessary to conduct seminars, workshops, tabletops, drills, functional and full-scale exercises in accordance with HSEEP guidelines. These documents should include, but not be limited to: Exercise Plan, Controller/Evaluator Plan, Master Scenario Events List (MSEL), Exercise Evaluation Guides, etc. B. Contractor must provide rosters, sign -in sheets, and presentation materials for all planning meetings conducted in support of all seminars, workshops, tabletops, drills, functional and full-scale exercises and will deliver to the ASAUA Training & Exercise Program Manager upon completion of the planning activity at its cost. C. Contractor must complete After Action Reports (AARs) for all seminars, workshops, tabletops, drills, functional and full-scale exercises. Copies of these AARs must be provided to the ASAUA Training & Exercise Program Coordinator within 60 days of any seminars, workshops, tabletops, drills, functional, and full-scale exercises. D. Contractor must complete an Improvement Plan for each seminar, workshop, tabletop, drill, functional and full-scale exercise delivered. Copies of the Improvement Plan will be provided to the ASAUA Training & Exercise Coordinator within 60 calendar days of any seminars, workshops, tabletops, drills, functional, and full-scale exercises. E. Proposer shall upload, on behalf of the ASAUA, all necessary AARs and Improvement Plans into HSEEP within 60 calendar days of completing any exercise activity. XII. QUANTITIES FOR EXERCISES Quantities listed herein are estimates and are not to be construed as a commitment. No minimum or maximum is guaranteed or implied. XIII. PRICING FOR EXERCISES A. All price quotes offered during an informal request for quote process will remain firm for the term of the resulting PO under the Agreement. B. Unless otherwise stated, Proposer agrees that, in the event of a price decline, the benefit of such lower price shall be extended to the City. C. All prices are to be F.O.B. destination. Any freight/delivery charges are to be included. D. Any price increase or decrease for subsequent contract terms may be negotiated between Proposer and City only after completion of the initial term. E. Taxes and freight charges: The City is soliciting a total price per single delivery of each seminar, workshop, tabletop, drill, functional, and full-scale exercise. The price quoted for each seminar, workshop, tabletop, drill, functional, and full-scale exercise shall be the total cost the City will pay including Sales, Use, or other taxes and all other charges. 2. No charge for delivery, drayage, express, parcel post packing, cartage, insurance, license fees, permits, costs of bonds, or any other purpose, except taxes legally payable by City, will be paid by the City unless expressly included and itemized in the SOQ. 3. Amount paid for transportation of property to the City of Santa Ana is exempt from Federal Transportation Tax. An exemption certificate is not required where the shipping papers show the consignee is the City of Santa Ana; as such papers may be acceptable by the carrier as proof of the exempt character of the shipment. 4. Articles sold to the City of Santa Ana are exempt from certain Federal excise taxes. The City will furnish an exemption certificate. All prices quoted shall be in United States dollars and "whole cent," no cent fractions shall be used. There are no exceptions. G. Price quotes shall include any and all payment incentives available to the City. H. Proposer are advised that in the evaluation of costs, if applicable, it will be assumed the unit price quoted is correct in the case of a discrepancy between the unit price and an extension. I. Federal and State minimum wage laws apply. The City has no requirements for living wages. The City is not imposing any additional requirements regarding wages. XIV. AWARD FOR EXERCISES A. The City reserves the right to reject any or all responses that materially differ from any terns contained in this RFQ or from any Exhibits attached hereto, to waive informalities and minor irregularities in responses received, and to provide an opportunity for proposers to correct minor and immaterial errors contained in their submissions. The decision as to what constitutes a minor irregularity shall be made solely at the discretion of the City. B. The City reserves the right to award to a single or multiple proposers. C. The City has the right to decline to award an agreement or any part thereof for any reason. D. City Council approval to award an Agreement will be required. E. Agreement must be negotiated, finalized, and signed by the recommend awardee(s) prior to City Council approval. F. Final Agreement terms and conditions will be negotiated with the selected Contractors. G. The RFQ specifications, terms, conditions, and Exhibits, RFQ Addenda and Proposer's SOQ, may be incorporated into and made a part of any agreement that may be awarded as a result of this RFQ. XV. METHOD OF ORDERING FOR EXERCISES A. As exercises are required, subsequent solicitations in the form of requests for firm price quotations and scope of work will be requested from Contractors with which the City has an Agreement. B. Contractors who have been qualified will be provided a scope of work for the desired seminar, workshop, tabletop, drill, functional or full-scale exercise and requested to provide a written quotation. These quotations will be reviewed and evaluated by the ASAUA Grant Office. The City shall not be obligated to accept the lowest priced quotation, but will award individual projects in the best interests of the City after all factors have been evaluated. City reserves the right to negotiate scope of work and pricing prior to award of any prej ect. C. Individual order price quotations shall be provided upon request per project and shall include, but not be limited to, an identifying (quotation) number, date, City of Santa Ana agreement number, requestor name and phone number, ship to location, itemization of services with complete description and price per item and a surnmary of total cost for services, shipping, and tax. D. Purchase Orders (POs) will be issued upon approval of written itemized quotations received from the Contractor(s). E. POs will be faxed, transmitted electronically, or mailed and shall be the only authorization for the Contractor o place an order. F. POs and payments for service will be issued only in the name of the Contractor. G. Contractor shall adapt to changes to the ordering method or ordering procedures as required by the City during the term of the agreement. H. Change orders shall be agreed upon by Contractor and City and issued as needed in writing by the City. XVI. ACCOUNT MANAGER / SUPPORT STAFF FOR EXERCISES A. Proposer shall provide a dedicated competent account manager who shall be responsible for the City account / agreement. The account manager shall receive all orders from the City and shall be the primary contact for all issues regarding the Proposer's response to this RFQ and any agreement which may arise pursuant to this RFQ. B. Proposer shall also provide adequate, competent support staff that shall be able to service the City during normal working hours, Monday through Friday. Such representative(s) shall be knowledgeable about the agreement, training offered, and able to identify and resolve quickly any issues included, but not limited to order and invoicing problems. C. Proposer account manager shall be familiar with City requirements and standards and work with the City to ensure that established standards are adhered to. Proposer account manager shall keep the City and ASAUA Training & Exercise Program Manager informed of requests from departments as required. XVII. INVOICING FOR TRAINING AND/OR EXERCISE COURSES A. Contractor shall invoice the City, unless otherwise advised, upon satisfactory receipt of performance of services. B. City will use best efforts to make payments within forty-five (45) days following receipt and review of invoice and upon complete satisfactory receipt of performance of services. C. Invoices should be Emailed to: Sgt. Roland Andrade Santa Ana Police Department Homeland Security Division / M-18 60 Civic Center Plaza P.O. Box 1981 Santa Ana, CA 92701 Email: RAndr•ade2&sama-anal D. City shall notify Contractor of any adjustments required to invoices. E. Invoices shall include, at minimum: • City PO number (if applicable); • Invoice number; • Agreement number; • Remit to address; • Itemized services; • Course description • Pricing as per agreement; • Instructor name; • Number of participants; • Course date(s); and • Shall be accompanied by acceptable proof of delivery. F. Contractor shall utilize standardized invoices upon request. G. Invoices shall only be issued by the Contractor who is awarded an agreement. H. Payments will be issued to and invoices must be received from the same Contractor whose name is specified on the POs. b EXHIBIT B COSTS — TRAINING CLASSES AND EXERCISES TRAINING Course Title Description Total Course Cost (Estimated) AH-330: Strike Team/Task This course is designed to provide the skills $5,800 Force Leader All Hazards and knowledge needed to perform in the position of Strike Tearn/Task Force Leader. Topics include position overview; pre - deployment responsibilities; concept of the position; resource typing standards; pre - dispatch preparation; incident responsibilities; administration; supervision; response; assignment; demobilization; tactics and safety; risk management; entrapment avoidance; WUI; case studies; scenarios; appropriate action vs. freelancing. Command and Control of This command level awareness course provides $3,500 the RIC Deployment students with the terminology and methodology that is employed during a RIC development. E/L 950: Incident This course is designed to provide local and $9,990 Commander state -level emergency responders with a robust understanding of the duties, responsibilities, and capabilities of an effective IC on an All - Hazards Incident Management Team. E/L 952: Public Information This course is designed for a PIO assigned to V91900 Officer an incident as a member of an All -Hazard Incident Management Team (AHIMTs), Local IMTs, as well as for the PIO assigned to an incident as an assistant PIO in a variety of capacities. E/L 954: Safety Officer This course is designed to provide local and $8,500 state -level emergency responders with a robust understanding of the duties, responsibilities, and capabilities of an effective SOFR on an All -Hazards Incident Management Team. E/L 956: Liaison Officer This course is designed to provide local and $3,850 state -level emergency responders with a robust understanding of the duties, responsibilities, and capabilities of an effective LOFR on an All -Hazards Incident Management Team. E/L 958: Operations Section This course is designed to provide local and $9,990 Chief state -level emergency responders with a robust understanding of the duties, responsibilities, and capabilities of an effective OSC on an All - Hazards Incident Management Team. E/L 960: Division/Group This course is designed to provide local and $5,500 Supervisor All Risk state -level emergency responders with a robust understanding of the duties, responsibilities, and capabilities of an effective DIVS on an All - Hazards Incident Management Team. E/L 962: Planning Section This course is designed to provide local and $9,990 Chief state -level emergency responders with a robust understanding of the duties, responsibilities, and capabilities of an effective PSC on an All - Hazards Incident Management Team. E/L 964: Situation Unit This course helps attendees establish the $9,750 Leader essential core competencies required for performing he duties of the SITL in an all - hazards incident. This course addresses all responsibilities appropriate to a SITL operating in a local- or state -level AHIMT. E/L 965: Resources Unit This course addresses all roles and $9,750 Leader responsibilities appropriate to a All -Hazards Resources Unit Leader operating in a local or state -level AHIMT or as a single resource. E/L 967: Logistics Section This course is designed to provide local and $10,500 Chief state -level emergency responders with a robust understanding of the duties, responsibilities, and capabilities of an effective LSC on an All - Hazards Incident Management Team. E/L 969: Communications This course addresses all roles and $7,800 Unit Leader responsibilities appropriate to a COML operating in a local or state -level AHIMT. E/L 970: Supply Unit This course helps participants establish the $10,500 Leader essential core competencies required for performing the duties of the Supply Unit Leader (SPUL) in an all -hazards incident. By requiring participants to bring jurisdiction - specific information to the instruction, the course provides a realistic, hands-on approach to mastering the skills of an SPUL organized by the fundamental steps of the ordering process. Participants identify information required for ordering, as well as complete required forms and documentation related to ordering, and anticipate ordering and supply needs for the incident. In addition to the ordering process, the course discusses mobilization, setting up and managing the Supply Unit, and demobilization. E/L 971: Facilities Unit This course addresses s all roles and $10,500 Leader responsibilities appropriate to a Facilities Unit Leader operating on a local or state -level AHIMT. E/L 973: Finance/Admin This course addresses all roles and $9,000 Section Chief responsibilities appropriate to a Finance Section Chief operating in a local or state -level AHIMT. These responsibilities fall into two categories: Finance Section Chief duties 1) managing the Finance/Administration Section personnel and 2) managing the finances and administrative responsibilities during an incident. E/L 975: Finance/Admin This course addresses all roles and $8,300 Unit Leader responsibilities appropriate to operating in one of the Finance/Administration Unit Leader positions on a local or state -level AHIMT or single resource assigmnent. These responsibilities fall into two categories: 1) responding to the incident and the command needs of the incident, and 2) effectively fulfilling the position responsibilities of a Finance Administration Unit Leader on an AHIMT or as a single resource. E/L 984: Task Force/Strike This course addresses the roles and $6,000 Team Leader responsibilities appropriate to a Task Force/Strike Team Leader operating on concert with local or state -level AHIMT. These responsibilities fall into tow categories: (1) responding to the incident and the commend needs of the incident, and (2) effectively fulfilling the position responsibilities of a Task Force/Strike Team Leader in conjunction with an AHIMT. E/L 986: Air Support Group The Air Support Group Supervisor (ASGS) $8,000 Supervisor course is intended to provide local- and state - level emergency responders with an overview of key duties and responsibilities of an ASGS in a Type 3 All -Hazards Incident Management Team (AHIMT). The course walks participants through general information, including an overview of the fixed wing, rotor wing, and military operations, as well as information on incident mobilization, initial situational awareness, and unit management. It also provides detailed instruction on responding to the incident and the command needs of the incident, as well as emphasizing the importance of risk management and safety considerations. E/L 987: Introduction to Air This course is intended to familiarize $7,000 Operations participants with the basic concepts of air operations of an Incident Management Team (IMT) and/or through the NIMS/ICS system. The course walks participants through general information and aviation related regulations, including an overview of the fixed wing, rotor wing, and military operations. It also provides detailed instruction on responding to the incident and the command needs of the incident, as well as emphasizing the importance of risk management and safety considerations. I-100: Introduction to the The course provides training and resources, for $3,000 Incident Command System first -responder personnel who require an introduction to the Incident Command System. The course is designed to enable personnel to operate efficiently during an incident or event within the ICS, SEMS, or NIMS. I-200: Basic Incident This course introduces students to the principles of $4,000 Command System for Initial the Incident Command System (ICS) associated Response with incident -related performance. I-300: Intermediate ICS for This course provides description and detail of $8,000 Expanding Incidents the Incident Command System (ICS) organization and operations in supervisory roles on expanding or Type 3 incidents. I-400: Advanced ICS for This course directs the student towards an $6,000 Command and General Staff operational understanding of large single - agency and complex multi-agency/multi- jurisdictional incident responses. I-700: National Incident This course provides an overview of the $3,000 Management System, An National Incident Management System Introduction (NIMS). The National Incident Management System defines the comprehensive approach guiding the whole community - all levels of government, nongovernmental organizations (NGO), and the private sector - to work together seamlessly to prevent, protect against, mitigate, respond to, and recover from the effects of incidents. The course provides learners with a basic understanding of NIMS concepts, principles, and components. I-800: National Response The goal of the IS-0800.d, National Response $3,000 Framework, An Introduction Framework, An Introduction, is to provide guidance for the whole community. Within this broad audience, the National Response Framework focuses especially on those who are involved in delivering and applying the response core capabilities 0-305 - Type 3 Incident This course is designed for those who are $22,000 Management Team assigned to function in a Type 3 IMT during a large/complex incident, typically extending into the second operational period. The Type 3 IMT can either support an existing ICS structure, or can assume command of an incident if requested to do so. S-200: Initial Attack This course is designed to meet the training $4,000 Incident Commander needs of the Incident Command Type 4. 5-339 AR: Division/Group Prepares students to perform in the role of $7,000 Supervisor All Risk Division/Group Supervisor and provides instruction in support of the specific tasks of the DNS. 5-400: Incident Commander Topics include team administration, $8,000 communication, information/intelligence processing, agency administrator and IC responsibilities, transfer of command, and demobilization. 5-403: Information Officer This course meets the training requirements for $6,000 a Public Information Officer Type 2. Topics include information organization and assignment, developing a communications strategy, information operations, creating a safe environment, effective media relations, incident within an incident, community relations analysis, documentation, demobilization, and transitioning. 5-404: Safety Officer All Risk Designed to meet the training needs of the Safety Officer position in the incident command system. $8,500 5-420: Command and Designed to prepare the student to function $35,000 General Staff effectively in the position of a Type 2 Incident Commander, Command, or General Staff. The focus is on the application of previously acquired knowledge and skills. Students will participate in two types of groups (teams and similar positions) during exercises that include simulation of the mobilization, management, and demobilization phases of a rapidly accelerating Type 2 wildfire that has potential to become a Type 1 incident. 5-440: Planning Section Designed to meet a portion of the training $9,900 Chief needs of the Planning Section Chief Type 2. stoically' sred by Francine R. Francine R. Villareal vlNreal Date: 2 @a.12.23 05:07:11-06' W' CERTIFICATE OF LIABILITY INSURANCE I DATE,MMIDDIYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on PRODUCER Stewart Insurance Service, Inc. 4515 E Anaheim Street Long Beach INSURED Elite Command Training LLC 26741 Portola Pity, Suite i E N833 CA 90804 NAM" ' Emily Murray INC Nq Eat).._(562) 4980669 _. - FAX ggg_(562) 985-0459 E-MAIL AILADDRESS: emily@stowartins.com YC� INSURER(SI AFFORDING COVERAGE NAIC C INSURERA NAUTILUS INSURANCE COMPANY _ 17370 INSURER 9 _ INSURER C:_--- INSURER 0: I Foothill Ranch CA 92610 INSURER F: COVFRAGFA (:FRTIFICATF NIIIMRFR- RFVI£VYM MI IMRFD• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN SR� - — _--__. _ __—__ _._ ADOCSUBF L ft TYPE OF INSURANCE POLICY NUMBER MMIu0DYl1'YYY MM O�YYYY LIMITS MERCIAL GENERAL LIABILITY %� COM_ EAf.H OCCURRENCE _ _ 5 1 0_0_0,000 _ - DAMAGE TO RENTED CLAIMS -MADE KOCCUR PREMISES (Eaoc Lnumee) I5 50000 Er_ MED EXP IAny epreonl 5 5000 A I Y Y NN1121141 05/02/2020 05/02/2021 PPRSONALx ADV INJURY S 1,000,000 GEN-LAGGREGATE LIMITAPP_LIES PER: GENERAL AGGREGATE 5 2,000,000 f POLICY-�' PHI- LOG PRODUCTS - COMPIOP AGG S INCLUDED OTHERr _ _S AUTOMOBILE LIABILITY - COMBINED SINGLE LIMIT S I (Ea accident. ANY AUTO BODILY INJURY (Per pcmonl S _ 1 OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY IP citleng'3 I - ' HIRED -I NOWOWNED PROPERTYOAMAGE AUTOS ONLY AUTOS ONLY _ (Per acddenll - S UMBRELLA LIAR OCCUR EACH OCCURRENCE EXCESS LAB _ 'CLAIMS -MADE AGGREGATE DED I RETENTIONS S WORKERS COMPENSATION - ' PER Orl, AND EMPLOYERS' LIABILITY YIN _STATUTE ER ANY PROPRIETOR: PARTNER/EXECUTIVE E.L. EACH ACCIDENT OFFICERIMEMBER EXCLUDEDP NIA - — (MmdalarylnNH) E.L. DISEASE - EA EMPLOYEE 5 styes. descnbe,mder ------- -- - DESCRIPTIONOFOPERATIONSbums EL DISEASE -POLICY LIMIT 5 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORO cal, Additional Remarks Schedule, may be attached If more space is required) PRIVATE TRAINING CLASSES FOR EMERGENCY MANAGEMENT FOR CITIES, COUNTIES AND CORPORATIONS. THE OWNER OF THE COMPANY IS THE ONLY COVERED INSTRUCTOR, NO COVERAGE FOR HIRED PRIVATE CONTRACTORS. BLANKET ADDITIONAL INSURED, BLANKET WAIVER OF SUBROGATION AND PRIMARY AND NON CONTRIBUTORY COVERAGE APPLIES TO THIS POLICY. City of Santa Ana, its officers, employees, agents and representatives are Additional Insureds with respect to General and Auto Liability per the attached endorsements as required by written contract. Insurance is Primary and Non -Contributory. City of Santa Ana Risk Management Division 20 Civic Center Plaza Santa Ana, CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Waal TUBS ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD R 16 Mmmgatuad TAridton [REVIEWED SDAP1PIRO�V�D By. ® Risk Management Analyst AGENCY CUSTOMER ID: LOC #: ACill ADDITIONAL REMARKS SCHEDULE Page of AGENCY Stewart Insurance Service, Inc. NAMED INSURED Elite Command Training LLC POIJCY NUMBER CARRIER NAIC CODE EFFECTIVE GATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance 30 Days Notice of Cancellation with 10 Days Notice for Non -Payment of Premium in accordance with the policy provisions. Subject to all terms and conditions included in the policy. ACORD 101 (2008/01) 02008 ACORD CO Rink Mnnagri wraDMsian R' REvIEwED 6 APPRovm BY: �'. Risk Management Analyst The ACORD name and logo are registered marks of ACORD POLICY NUMBER: NN1121141 COMMERCIAL GENERAL LIABILITY CG 2010 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations City of Santa Ana, its officers, agents and employees All operations of the 20 Civic Center Plaza Named Insured Santa Ana, CA 92701 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for 'bodily injury", 'property damage" or 'personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions: or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 2010 0413 B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to 'bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work' out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. © Insurance Services Office, Inc., 2012 "�. REAMvugmuntDhislan REVIEWED&MPRovmBy. �. ® Risk P.9ana9ement Analyst C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. © Insurance Services Office, Inc., 2012 yr=n.g,�o WekMnuganmtDlvalm REmexED 6 APPROVED BY. ® Rnk Management Analyst COMMERCIAL GENERAL LIABILITY POLICY #NN1121141 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PRIMARY AND NONCONTRIBUTORY - AUTOMATIC STATUS WHEN REQUIRED IN CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section 11 - Who Is An Insured is amended to include as an additional insured any person or organization when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured, but only for "occurrences" or coverages not otherwise excluded in the Coverage Part to which this endorsement applies. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. Status as an additional insured for the person or organization to which this endorsement applies: 1. Commences during the policy period and after such written contract or agreement has been executed; and 2. Ends when: a. Your ongoing operations for that additional insured are completed; b. The contractor's contract or agreement is terminated; or c. Your policy cancels or expires; whichever occurs first. C. With respect to the insurance afforded to the additional insured, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury', `property damage", "personal and advertising injury" or medical payments arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the 'occurrence' which caused the "bodily injury" or "property damage', or the offense which caused the 'personal and advertising injury', involved the rendering of or the failure to render any professional architectural, engineering, or surveying services. L805 t01117) Includes copyrighted material from Insurance Services Office, Inc., with its permission. Page 1 of 2 ..« R>ak Mnrugementlxrislan vl' [ReAt, 6 APPROVED BY. � r's�t�CH� �. V4(Rl.IPFG Ruk i/anagen ent Analyst 2. "Bodily injury" or "property damage" occurring after. a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance, or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. D. With respect to the insurance afforded to the additional insured, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement you have entered into with the additional insured; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. E. The following is added to 4.a. of Other Insurance of Section IV - Commercial General Liability Conditions: If required in a written contract, the Coverage Part to which this endorsement applies is primary and noncontributory in the event of an "occurrence" caused, in whole or in part, by your acts or omissions, or the acts or omissions of those acting on your behalf that occurs while performing ongoing operations for the additional insured. All other terms and conditions remain unchanged. L805 (01/17) Includes copyrighted material from Insurance Services Office, Inc., with its permission. Page 2 of 2 (rRwEwm&pMVRO1. I)ar: �'. ® Risk ManagementPowyst POLICY $NN1121141 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - AUTOMATIC STATUS WHEN REQUIRED IN CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Commercial General Liability Conditions We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage caused, in whole or in part, by your acts or omissions, or the acts or omissions of those acting on your behalf in the performance of your ongoing operations or "your work" done under a written contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only when you and that person or organization have agreed to such waiver in writing in a contract or agreement. All other terms and conditions of this policy remain unchanged. L609 (05/09) Indudes copyrighted material of Insurance services Office, Inc., with its permission. WekMnicgemrntDWE.n RREVIEWm 6pAPPRCNED BY:: 4� �331�i.IJJGfr �1/.tYivh[ R. V�UN[K R6k Mmagenrent Analyst W �� A& AM- W COMMAND TRAINING December 21, 2020 City of Santa Ana Risk Management Division 20 Civic Center Plaza, 4tn Floor Santa Ana, CA 92702 Re: Auto Insurance Requirements Elite Command Training (ECT) has intent to enter into an agreement with the City of Santa Ana. Throughout the course of this agreement, ECT attests to the following: 1. ECT, will not use/drive any vehicle during the course and scope of the services provided in the agreement/contract. 2. ECT will not use any owned/rented/leased vehicles during the course and scope of the services provided in the agreement/contract. 3. ECT consultants/independent contractors/employees utilize their personal vehicles/non-company owned, borrowed, or rented/leased vehicles for transportation to and from work and if applicable carry their own automobile insurance. By signing below, I, Sandra Bryant, CEO attest that I possess the legal authority to enter into an agreement with the City of Santa Ana as well as the legal authority to attest to the statements above. If at any time it is found that ECT is not adhering to any/all statements in this document and has not provided the minimum auto liability insurance coverage of $ 1 million per occurrence, the contract will be considered null and void and the company will be held fully liable for any and all damages. Sincerely, >l%a- �A7a-*J Sandra Bryant CEO Elite Command Training 626-290-6007 elite(a�elitecommandtraining.com FIA MnugemmtDMslan 4 REVIEWED 6 APPROV®8Y.' er �A.sYM�[ ram. V.t(�rye�t �� Risk Manageimnt Analyst CITYOFSANTAANA RISK MANAGEMENT dav4e« 4HUMAN RESOURCES Managing Risk rrr ,- Positive Change ' I; WORKERS' COMPENSATION DECLARATION Sandra Bryant, CEO hereby affirm under penalty of perjury, the (Nomel`l-itle) following declaration: I certify on behalf of Elite Command Training that during the term (Consultant/Company Name) of my contract for CLASSROOM INSTRUCTIONAL services with the City of Santa Ana, (Type of service provided) I will not employ any person in any manner so as to become subject to the workers' compensation laws of California, and agree that if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with the provisions and provide proof of workers' compensation coverage immediately. Date: December 21. 2020 Print Name: Sandra Bryant Print Title: CE Signature: Telephone: 626-290-6007 WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000). IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEYS FEES. 1:1Risk Mgmtllnsurance Requirements`lWC Declaration 08152019 RiakMm.ge nedDlvisian [REAEwm & APPROVED Br. P,. ® Risk Management Analyst / l V Ali/ COMM�IND TRAZiINI1V40 November 12, 2020 Roland Andrade, Sergeant City of Santa Ana - Police Department 60 Civic Center Plaza Santa Ana, CA 92701 Dear Sergeant Andrade, Elite Command Training (ECT) is self-employed as a sole proprietor and we do not have anyone else working for us. We hire private contractors to deliver our instruction. We send them a form-1099 and not a W2 at the end of the year. Our company is not a high -risk business and we only provide educational classroom instruction. We do not offer high -risk training. We do have company general liability insurance for our instructional delivery of classes. ECT is requesting a workers' compensation declaration variance due to the fact that we are a sole proprietor company. If you have any questions, please contact me at the number below. Sincerely, Sandra Bryant, CEO, Owner of Elite Command Training 26741 Portola Parkway, Ste. 1 E #833 Foothill Ranch, CA 92610 626-290-6007 cc: Mike Bryant - Project Manager walMo <geme,tnivisicn REve&m & A?PRav®Bv: ROMP Risk Management Analyst