HomeMy WebLinkAboutELITE COMMAND TRAINING (6)�J �NIIJPAHC[
OAH FEB 2 AGVEMENTWITR ELITE COMMAND TRAINING AND THE CITY OF SANTA
ANA TO PROVIDE L-SERIES TRAINING COURSES
THIS AGREEMENT is made and entered into on this 4th day of February, 2025 by and between
Elite Comi-nand Training, a Washington Corporation ("Conti -actor"), and the City of Santa Ana, a
charter city and municipal corporation organized and existing under the Constitution and laws of
Sup
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the State of California ("City").
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A. On November 5, 2024, the City of Santa Ana issued Request for Proposals No. 24-13 1 A
to identify qualified contractors capable of delivering homeland security related training
courses taught by subject matter experts or recognized professionals who to develop and
deliver a broad range of homeland security related exercises.
B. The courses Support the Anaheim/Santa Ana Urban Area ("ASAUA") florneland Security
Regional Training and Exercise Program and are funded by a grant awarded to the City
by the Homeland Security's Urban Areas Security Initiative, ("UASI") administered by
SAPD.
D Contractor submitted a responsive proposal to the RFP and was selected by the City. In
undertaking the performance of this Agreement, Contractor represents that it is
knowledgeable 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
tern -is and conditions hereinafter set forth, the parties agree as follows:
I. SCOPE OF SERVICES
Contractor shall perform during the term. of this Agreement, the tasks and obligations
including all labor, materials, tools, equipment, and incidental customary work required to fully
and adequately complete the services described and set forth in Scope of Services provided in the
RFP and attached hereto as Exhibit A. Contractor's proposals are incorporated by reference as
though fully set forth herein. In the performance of all services, Contractor shall comply and
provide the required training/classes as set forth in Cost Proposal/Class List - Exhibit B, attached
hereto.
2. COMPENSATION
a. City agrees to pay, and Contractor agrees to accept as total payment for its set -vices for
City, the rates and charges identified in Cost Proposal/Class List - Exhibit B. Any
compensation payable to Contractor shall be paid from a portion of the above -
referenced UASI grant awarded to the City. The cost per training series is $62,334. The
cost for eight (8) training series and the total amount to be expended during the term of.
this Agreement shall not exceed $498,672.
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. City and
Contractor agree that all payments due and owing under this Agreement shall be made
through Automated Clearing House (ACH) transfers. Contractor agrees to execute the
City's standard ACH Vendor Payment Authorization and provide required
documentation. Upon verification of the data provided, the City will be authorized to
deposit payments directly into Contractor's account(s) with financial institutions.
Payment need not be made for work which fails to meet the standards of performance
set forth in the Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall commence on February 4, 2025 for an initial three (3) year term with
the option for the City to grant up to two (2), one (1) year renewal options, exercisable by a writing
by the City Manager and the City Attorney, unless terminated earlier in accordance with Section
17, below.
4. PREVAILING WAGES
Contractor is aware of the requirements of California Labor Code Section 1720, et seq.,
and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq.,
("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the
performance of other requirements on "public works" and "maintenance" projects. if the services
being performed are part of an applicable "public works" or "maintenance" project, as defined by
the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to
frilly comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the
City, its elected officials, officers, employees and agents free and harmless from any claim or
liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
S. 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
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.
7. INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall
maintain and shall require any subcontractors to obtain and maintain insurance as described
below for the entire Term of this Agreement against claims for injuries to persons or damage to
property which may arise from or in connection with services, products and materials supplied to
City. Total cost of such insurance shall be borne by Contractor.
MINIMUM SCOPE AND LIMIT OF INSURANCE
1, Commercial General Liability (CGL): Insurance Services Office Form CG 00
01covering CGL on an "occurrence" basis, including products and completed operations,
property damage, bodily injury and personal & advertising injury with limits no less than
$1,000,000 per occurrence and $2,000,000 aggregate. Required policy limits can be met
with primary and umbrella/excess insurance policies.
2. Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code I
(any auto), with limits no less than $1,000,000 combined single Iimits, In the event
Contractor does not maintain commercial automobile liability insurance, City will accept
evidence of personal automobile insurance.
3. Workers' Compensation (WIC): as required by the State of California, with Statutory
Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per
accident, policy or employee, for bodily injury or disease. Coverage is not required if
Contractor has no employees and signs request to waive such insurance.
4. Professional Liability Insurance (PL): with limits no less than $2,000,000 per
occurrence or claim, and $4,000,000 aggregate.
If Contractor maintains broader coverage and/or higher limits than the minimum requirements
for each line of coverage shown above, City shall be entitled to the broader coverage and/or the
higher limits maintained by Contractor. Where the policy limits are greater than those listed by
this Agreement, the amounts provided by the certificates of insurance shall be incorporated by
reference in to the Agreement.
Other Insurance Provisions
The above required insurance policies are to contain or be endorsed to contain the following
provisions:
1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be
covered as additional insureds, under Contractor's CGL, PL, and AL policies, with
respect to any liability arising out of work or operations performed by or on behalf of the
Instructor including materials, parts, equipment, and personnel furnished in connection
with such work or operations.
2. Contractor and it's Insurance company(ies) agrees to waive all rights of subrogation
against City, its City Council, its officers, officials, employees, agents, and volunteers for
losses paid under the terms of the CGL, AL, PL, and WIC policies, arising from work
performed by Contractor under this Agreement.
3. For any claims related to this contract, Contractor's insurance coverage shall be primary
and any insurance maintained by City, its City Council, its officers, officials, employees,
agents, or volunteers shall not contribute with it.
4. A severability of interest provision must apply for all the additional insureds, ensuring
that Contractor's insurance shall apply separately to each insured against whom a claim is
made or suit is brought, except with respect to the insurer's limits of liability.
S. Insurance policies required herein shall provide that coverage shall not be canceled,
suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or
materially changed except after thirty (30) days prior written notice has been given to
City. Ten (10) days prior written notice shall be provided to City for policy cancellation
or non -renewal due to non-payment of premium.
6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana,
Attention; City Attorney's Office, 20 Civic Center Plaza, Santa Ana, CA 92701. The
name and location of project must be included in the Description of Operations section of
each certificate.
Self -Insured Retentions
Self -insured retentions must be declared to and approved by the City. The City may require the
Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses
and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the State of California
with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City.
Verification of Coverage
Contractor shall furnish City with original Certificates of Insurance including all required
amendatory endorsements (or copies of the applicable policy language effecting coverage
required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy
listing all policy endorsements before work begins. However, failure to obtain the required
documents prior to the work beginning shall not waive Contractor's obligation to provide them.
City reserves the right to require complete, certified copies of all required insurance policies,
including endorsements required by these specifications, at any time.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the
risk, prior experience, insurer, coverage, or other special circumstances.
8. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, contractors, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the
negligent operations of the Contractor, its subcontractors, agents, employees, or other persons
acting on its behalf which relates to the services described in section 1 of this Agreement; and (2)
fiom 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. 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 terms of, or effects, arising from this Agreement. The Contractor
further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including
fees and costs for special counsel to be selected by the 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. Notwithstanding the foregoing,
to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity
shall be limited, to the extent required by Civil Code Section. 2782.8, to claims that arise out of,
pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
9. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend and indemnify the City, its officers, agents, representatives, and
employees against any and all liability, including costs, for infringement of any United States'
letters patent, trademark, or copyright infringement, including costs, contained in the work product
or documents provided by Contractor to the City pursuant to this Agreement.
10. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed
under this Agreement. Contractor shall maintain complete and accurate records with respect to
the costs incurred under this Agreement and any services, expenditures, and disbursements
charged to the City for a minimum period of three (3) years, or for any longer period required by
law, from the date of final payment to Contractor under this Agreement. All such records and
invoices shall be clearly identifiable. Contractor shall allow a representative of the City to
examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all
work, data, documents, proceedings, and activities related to this Agreement for a period of three
(3) years from the date of final payment to Contractor under this Agreement.
11. 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
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
without 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.
12. CERTIFICATIONS
The funds used to pay for this Agreement will be partly comprised of federal grant funds.
Contractor agrees and understands that it will comply with the terms of the Certifications attached
hereto as Attachments A-H, incorporated by reference into this Agreement. Contractor shall keep
itself informed of all City, State and Federal laws and regulations which may, in any manner, affect
the performance of it services pursuant to this Agreement. Contractor shall at all times, observe
and comply with all such laws and regulations. City and its officers and employees shall not be
liable at law or in equity by reason of the failure of the Contractor to comply with this paragraph.
13. CONFLICT OF INTEREST CLAUSE
The recipient or subrecipient must maintain written standards of conduct covering conflicts
of interest and governing the actions of its employees engaged in the selection, award, and
administration of contracts. No employee, officer, agent, or board member with a real or
apparent conflict of interest may participate in the selection, award, or administration of a
contract supported by the Federal award. A conflict of interest includes when the employee,
officer, agent, or board member, any member of their immediate family, their partner, or
an organization that employs or is about to employ any of the parties indicated herein, has
a financial or other interest in or a tangible personal benefit from an entity considered for
a contract. An employee, officer, agent, and board member of the recipient or subrecipient
may neither solicit nor accept gratuities, favors, or anything of monetary value from
contractors. However, the recipient or subrecipient may set standards for situations where
the financial interest is not substantial or a gift is an unsolicited item of nominal value. The
recipient's or subrecipient's standards of conduct must also provide for disciplinary actions
to be applied for violations by its employees, officers, agents, or board members.
2. If the recipient or subrecipient has a parent, affiliate, or subsidiary organization that is not
a State, local government, or Indian Tribe, the recipient or subrecipient must also maintain
written standards of conduct covering organizational conflicts of interest. Organizational
conflicts of interest mean that because of relationships with a parent company, affiliate, or
subsidiary organization, the recipient or subrecipient is unable or appears to be unable to
be impartial in conducting a procurement action involving a related organization.
14. NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, gender identity, gender expression, gender, medical conditions, genetic
information, or military and veteran status, age, national origin, ancestry, or disability, as defined
and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization,
promotion, 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.
15. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Contractor, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the terms
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 is 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 Contractors retained by City.
17. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor
compensation for all services performed by Contractor prior to receipt of such notice of
termination, subject to the following conditions;
a. As a condition of such payment, the Executive Director may require Contractor to
deliver to the City all work product(s) completed as of such date, and in such case
such work product shall be the property of the City unless prohibited by law, and
Contractor consents to the City"s use thereof for such purposes as the City deems
appropriate.
b. Payment need not be made for work which fails to meet the standard of
performance specified in the Recitals of this Agreement.
18. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed by
the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or
remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not
similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
19. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California. Both parties further agree that
Orange County, California, shall be the venue for any action or proceeding that may be brought or
arise out of, in connection with or by reason of this Agreement.
20. 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
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.
21. FEDERAL REGULATIONS
Elite Command Training shall comply with all applicable contractual provisions required
by the United States Office of Management and Budget (OMB), as set for the in 2 CRF Part 200,
whether or not expressly set forth in this document, including but not limited to those provisions
set forth below. Notwithstanding, anything to the contrary herein, including without limitation ,
the language in this Agreement, the actual language contained in federal statutes, federal
regulations, federally promulgated materials and state statutes, shall control in determining any
obligations under federal law in the event of a conflict with any terms, language or provisions
contained in this Agreement. Elite Command Training shall not perform any act, fail to perform
any act, or refuse to comply with any requests, which would cause City to be in violation of the
federal terms and conditions.
a. Federal Regulations — Recipient must comply with the government cost principles, uniform
administrative requirements and audit requirements for federal grant program housed within Title
2, Part 180 of the Code of Federal Regulations.
b. Debarment and Suspension -- As required by Executive Orders 12549 and 12689, and 2
CFR §200.214 and codified in 2 CFR Part 200, Recipient must provide protection against waste,
fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings
with the Federal government.
C. Audit Records -- With respect to all matters covered by this agreement all records shall be
made available for audit and inspection by CITY, the grant agency and/or their duly authorized
representatives for a period of three (3) years from the date of submission of the final expenditure
report by the City of Santa Ana. For a period of three years after final delivery hereunder or until
all claims related to this Agreement are finally settled, whichever is later, Recipient shall preserve
and maintain all documents, papers and records relevant to the services provided in accordance
with this Agreement, including the Attachments hereto. For the same time period, Recipient shall
make said documents, papers and records available to City and the agency from which City
received grant funds or their duly authorized representative(s), for examination, copying, or
mechanical reproduction on or off the premises of Recipient, upon request during usual working
hours.
d. Reports — Recipient shall provide to City all records and information requested by City for
inclusion in quarterly reports and such other reports or records as City may be required to provide
to the agency from which City received grant funds or other persons or agencies.
e. Section 504 of the Rehabilitation Act of 1973 (Handicapped) — All recipients of federal
fiords must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the
federal funds recipient pursuant to the requirements of The Act hereby gives assurance that no
otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the
participation in, be denied the benefits of or be subject to discrimination, including discrimination
in employment, in any program or activity that receives or benefits from federal financial
assistance. The Recipient agrees it will ensure that requirements of The Act shall be included in
the agreements with and be binding on all of its contractors, subcontractors, assignees or
successors.
f. Americans with Disabilities Act of 1990 — (ADA) Recipient must comply with all
requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable.
g. Political Activity —None of the funds, materials, property, or services provided directly or
indirectly under this agreement shall be used for any partisan political activity, or to further the
election or defeat of any candidate for public office, or otherwise in violation of the provisions of
the "Hatch Act".
h. No Lobbying Recipient will comply with all applicable lobbying prohibitions and laws,
including those found in the Byrd Anti -Lobbying Amendment (31 U.S.C. 1352, et seq.), and agrees
that none of the funds provided under this award may be expended by the Recipient to pay any
person to influence, or attempt to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with any federal action concerning the award or renewal of any federal contract, grant,
loan, or cooperative agreement.
i. Non -Discrimination and Equal Opportunity -- Recipient will comply, and all its contractors
(or subrecipients) will comply, with Title VI of the Civil Rights Act of 1964, as amended; Section
504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title 11 of the Americans with
Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age
Discrimination Act of 1975, as amended; Drug Abuse Office and Treatment Act of 1972, as
amended; Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970, as amended; Section 523 and 527 of the Public Health Service Act of
1912, as amended; Title VI11 of the Civil Rights Act of 1968, as amended; Department of Justice
Non -Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of
Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a Federal or
State court, Federal or State administrative agency, or the Recipient makes a finding of
discrimination after a due process hearing on the grounds of race, color, religion, national origin,
sex, or disability against a recipient of funds, the Recipient will forward a copy of the findings to
CITY which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice
Programs, U.S. Department of Justice. If applicable, recipient will comply with the equal
opportunity clause in 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended
by Executive Order No. It 375.
j. Equal Employment Opportunity — Recipient will comply, and all its contractors (or
subrecipients) will comply, with all requirements of the Executive Order 11246 of September 24,
1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of
October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60),
as applicable.
k. Public Contracts Code — Recipient will comply, and all its contractors (or subrecipients)
will comply, with all requirements of the California Public Contract Code Section 10295.3, as
applicable.
1. Copeland "Anti -Kickback" Act -- Recipient will comply, and all its contractors (or
subrecipients) will comply, with all requirements of the Copeland "Anti -Kickback" Act (40 U.S.C.
3145) as supplemented in Department of Labor regulations (29 CFR Part 3), as applicable.
in. David -Bacon Act -- Recipient will comply, and all its contractors (or subrecipients) will
comply, with all requirements of the Davis -Bacon Act (40 U.S.C. 3141-3144 and 3146-3148) as
supplemented by Department of Labor regulations (29 CFR Part 5), as applicable.
n. Work Hours and Safety — Recipient will comply, and all its contractors (or subrecipients)
will comply, with all requirements of Sections 103 and 107 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 3702 and 3704) as supplemented by Department of Labor regulations
(29 CFR Part 5), as applicable.
o. Clean Air Act —
1. The 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.
2. The contractor agrees to report each violation to CITY and understands and agrees that the
CITY will, in turn, report each violation as required to assure notification to the Federal
Emergency Management Agency, and the appropriate Environmental Protection Agency
Regional Office,
3. The contractor agrees to include these requirements in each subcontract exceeding
$150,000 financed in whole or in part with Federal assistance provided by FEMA.
P. Energy and Conservation — Recipient will comply, and all its contractors (or subrecipients)
will comply, with all requirements of the Energy Policy and Conservation Act (42 U.S.C. 6201),
as applicable.
q. Waste Disposal — Recipient will comply, and all its contractors (or subrecipients) will
comply, with all requirements of Section 6002 of the Solid Waste Disposal Act, as amended by
the Resource Conservation and Recovery Act, as applicable.
r. Patent Rights — Recipient agrees that the Department of Homeland Security shall have the
authority to seek patent rights for any process, product, invention or discovery developed and paid
for with fending through this Agreement based on the requirements of 37 CFR§ 401 and any other
implementing regulations, as applicable.
S. Copyright — Recipient may copyright any books, publications or other copyrightable
materials developed in the course of or under this Agreement. However, the federal awarding
agency, State Administrative Agency (SAA) and City reserve a royalty -free, non-exclusive, and
irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for
federal government, SAA and/or City purpose:
(1) the copyright in any work developed through this Agreement; and
(2) any rights of copyright to which the subcontractor purchases ownership with support
through this grant. The Federal government's, SAA's and City's rights identified above must be
conveyed to the publisher and the language of the publisher's release form must ensure the
preservation of these rights.
t. Equal Employment in Construction Contracts — Pursuant to Equal Employment
Opportunity requirements of 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as
amended by Executive Order No. 11375, as to any construction contract thereunder, if applicable,
during the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because
of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor
will take affirmative action to ensure that applicants are employed, and that employees are treated
during employment without regard to their race, color, religion, sex, sexual orientation, gender
identity, or national origin. Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the provisions of this
nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf
of the contractor, state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or
applicant for employment because such employee or applicant has inquired about, discussed, or
disclosed the compensation of the employee or applicant or another employee or applicant. This
provision shall not apply to instances in which an employee who has access to the compensation
information of other employees or applicants as a part of such employee's essential job functions
discloses the compensation of such other employees or applicants to individuals who do not
otherwise have access to such information, unless such disclosure is in response to a formal
complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including
an investigation conducted by the employer, or is consistent with the contractor's legal duty to
furnish information.
(4) The contractor will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, a notice to be provided
advising the said labor union or workers' representatives of the contractor's commitments under
this section, and shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of September 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his books, records, and accounts by the administering agency
and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this
contract or with any of the said rules, regulations, or orders, this contract may be canceled,
terminated, or suspended in whole or in part and the contractor may be declared ineligible for
further Government contracts or federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions
may be imposed and remedies invoked as provided in Executive Order 11246 of September 24,
1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(8) The contractor will include the portion of the sentence immediately preceding paragraph (1)
and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204
of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon
each subcontractor or vendor. The contractor will take such action with respect to any subcontract
or purchase order as the administering agency may direct as a means of enforcing such provisions,
including sanctions for noncompliance.
U. Prohibition on Certain Telecommunications and Video Surveillance Services or
Equipment — Recipient will comply, and all its contractors (or subrecipients) will comply, with all
requirements under Uniform Guidance 2 CFR §200.216. Recipient will comply with FEMA
Policy 405-143-1, Prohibitions on Expending FEMA Award Funds on Covered
Telecommunications Equipment or Services (Interim), which prohibits grant recipients and
subrecipients from obligating or expending loan or grant funds to procure or obtain, extend or
renew a contract to procure or obtain, or to enter into a contract (or extend or renew a contract) to
procure or obtain equipment, services, or systems that uses covered telecommunications
equipment or services as a substantial or essential component of any system, or as critical
technology as part of any system.
As described in Public Law 115-232, section 889, covered telecommunications equipment:
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation (or any subsidiary or affiliate of such entities).
(2) For the purpose of public safety, security of government facilities, physical security
surveillance of critical infrastructure, and other national security purposes, video surveillance and
telecommunications equipment produced by Hytera Communications Corporation, Hangzhou
Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or
affiliate of such entities).
(3) Telecommunications or video surveillance services produced by such entities or using such
equipment.
(4) Telecommunications or video surveillance equipment or services produced or provided by an
entity that the Secretary of Defense, in consultation with the Director of the National Intelligence
or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned
or controlled by, or otherwise connected to, the government of a covered foreign country.
V. Domestic Preferences for Procurements/Subcontracts — Recipient will comply, and all its
contractors (or subrecipients) will comply, with all requirements under Uniform Guidance 2 CFR
§200.322.
Recipient shall comply with the federal and recipient standards in the award of any subcontracts.
For purposes of this Agreement, subcontracts shall include but not be limited to purchase
agreements, rental or lease agreements, third party agreements, consultant service contracts and
construction subcontracts.
Recipient shall ensure that the terms of this Agreement with the CITY are incorporated into all
Subcontractor Agreements, The recipient shall submit all Subcontractor Agreements to the CITY
for review prior to the release of any funds to the subcontractor. The recipient shall withhold funds
to any subcontractor agency that fails to comply with the terms and conditions of this Agreement
and their respective Subcontractor Agreement.
(1) Recovered Materials
Recipient shall make maximum use of products containing recovered materials that are EPA -
designated items unless the product cannot be acquired competitively within a timeframe
providing for compliance with the contract performance schedule-, Meeting contract performance
requirements; or at a reasonable price.
Information about this requirement, along with the list of EPA -designated items, is available at
EPA's Comprehensive Procurement Guidelines webpage:
httt)s://www,ei)a.yov/sii,iii-i/conil)reliensive-Drocurei,iient-,uidelille-CI)g-DEggl:4M
The Contractor also agrees to comply with all other applicable requirements of Section 6002 of
the Solid Waste Disposal Act.
(2) Domestic Preference for Procurements
Recipient should, to the greatest extent practicable, provide a preference for the purchase,
acquisition, or use of goods, products, or materials produced in the United States. This includes,
but is not limited to iron, aluminum, steel, cement, and other manufactured products.
For purposes of this clause:
Produced in the United States means, for iron and steel products, that all manufacturing processes,
from the initial melting stage through the application of coatings, occurred in the United States.
Manufactured products mean items and construction materials composed in whole or in pall of
non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl
chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
W. Termination for Cause and Convenience — Should recipient fail for any reason to comply
with the contractual obligations of this agreement within the time specified by this Agreement, the
CITY reserves the right to terminate the Agreement, reserving all rights under state and federal
law.
X. Contractual/Legal Remedies for Breach of Contract — Should recipient fail for any reason
to comply with the contractual obligations of this Agreement and/or willfully, knowingly or
negligently breach any term, condition or requirement of the agreement, City may impose
sanctions including but not limited to damages (liquidated damages and or penalties) and /or any
other remedy available pursuant to the Agreement of the laws then in effect.
22. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed by
first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in
the manner provided in this Section, to the following persons:
To City:
City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax; 714- 647-6956
With courtesy copies to:
Chief of Police
City of Santa Ana
20 Civic Center Plaza (M-96)
P,O. Box 1988
Santa Ana, California 92702
To Contractor:
Elite Command Training
12522 North Nine Mile Falls Road, Suite 355
Nine Mile Falls, WA 99026
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 deerned 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.
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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
CITY OF S NTA ANA
V,
ALVARO NU-REZ
City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
TAMARA BOGOSIAN
Senior Assistant City Attorney
R1110141yo
Q.-
ROBERT RODRIGUEZ
Chief of Police
EXHIBIT
SCOPE OF SERVICES
Contractor shall perform services as set forth below.
A. The specific requirements of this RFP have been listed in Section [I.
A. /\S/\UA requires se[OiD@|s, training courses in the following specific training
course disciplines:
i L-854AU Hazards Safety Officer,
ii L-950All Hazards Liaison Officer,
iii L-SO4All Hazards Situation Unit Leader,
iv. L-985All Hazards Resources Unit Leader
V. L-07OAll Hazards Supply Unit Leader,
vi L-971 All Hazards Facilities Unit Leader, and
Ni. MINIMUM REQUIREMENTS
A. The awarded Contractor must be able to provide all six (#) training courses as listed in
Section 11.
B. Availability toconduct uptoatotal of eight (8) deliveries of each of the training courses
by the end of the term of the contract.
C. The first training must be conducted no later than Janurary, 2025.
D. Course Name & Description:
i. L'954 All Hazards Safety Officer
1. Course Overview-, The objective of this professional development course is to offer
federal, state, and local -level emergency responders mcomprehensiwe overview
of the key duties and responsibilities of o Safety Officer within o Type U| All -
Hazards Incident Management Team (4H|MT).
ii. L-95GAll Hazards LiagonOfficer
1. Course Overview: This course equips local and state -level emergency responders
with a comprehensive understanding of the duties, responsibilities, and capabilities
of an effective Liaison Officer on an All -Hazards Incident Management Team
(4H|yNT). It is an instructor -led training that fosters learning through discussion,
|ectureo, and uoUwa participation in multiple exeroimea, providing e realistic,
City of Santa Ana RFP 24-131A Page 17 of 47
(9)
CITY OF SANTA ANA
Exercisea, aknulationa, disouneiono, and a final exam enable participants to
process and apply their newfound knowledge.
iii L-984All Hazards Situation Unit
1. Course Overview: This course equips participants with the core competencies
essential for performing the duties of the Situation Unit Leader (G|TL) in an all -
hazards incident. It covers all responsibilities expected of an 0TLwithin e |noa| or
state -level All -Hazards Incident Management Team (AHIMT), including processing
information and intelligence and developing displays. The course is instructor -led,
promoting learning through discussion, |eutunes, and active participation in multiple
exercises. By requiring participants to bring on 8|TL Kit tothe training, it offers a
realistic, hands-on approach tomastering the skills mfonS|TL
iv. L-965 All Hazards Resource Unit Leader
1. Course Overview: The objective ofthis professional development course imtooffer
fedmna|, state, and local -level emergency responders a comprehensive overview
of the hey duties and responsibilities of a Safety Officer within e Type ||| All -
Hazards Incident Management Team (AH|[WT).
v. L-97W:All Hazards Supply Unit Leader
1. Course Overview: The objective ofthis professional development course iabooffer
fedens|, state, and local -level emergency responders a comprehensive overview
of the key duties and responsibilities of a Unit Leader within a Type III All -Hazards
Incident Management Team (AH|K8T).
vi L-971:All Hazards Facilities Unit Leader
1. Courses Overview: The objective of this pnzhaemiono[ development course is to
offer fedens|, state, and local -level emergency responders a comprehensive
overview of the key duties and responsibilities of Facilities Unit Leader within a
Type III All -Hazards Incident Management Team (AH|KnT).
vii Number of Deliveries Being Requested: Up to eight kB for each training course
viii. Number of Students per Delivery: Minimum of 20 students
E. Responsibilities of the City of Santa Ana and the Anaheim/Santa Ana Urban Area: ,
i Classroom with space toarrange students ingroups
|i Audio/VieVa|Eouipnnent
iii. Multiple easels, dry erase board, and markers
F. Responsibilities of the Training Provider:
i Laptop
ii Presentation &tnaining aids
iii. Professional instruction
G. Notice to Respondends:
i All responses to this solicitation shall become property of the City ofSanta Ana,
and responses will become public record after issuance ofPurchase Order,
Proposer information identified aoproprietary information shall be maintained
confidential, tothe extent allowed under the California Public Records Act.
(9)
CITY OF SANTA ANA
ii Contractor shall conduct training courses at various locations/venues within the
ASAUA.
iii Contractor shall prepare course flyers, register attendees, record attendance by
signed roster, provide certificates of completions, and verify course completion
bvthe participants.
iv. 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 intheir proposal.
v. 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 tothe Cal OE8 vvebsite at:
the DHS website at: https://www.fema.gov/training for further information regarding
state and federal guidelines for Department of Homeland Security grants, If any
portion of the training course occurs outside of the classroom, an Environmental
& Historic Preservation (EHP) approval must be obtained from FEMA/Cal OES
prior to delivery of the course. The EHP approval is location specific and if an
EHPapproval isrequired, one must beobtained for each location where the
course imdelivered. |tshall be the responsibility ofthe Proposer tocomplete all of
the forms and documentation necessary to obtain the required approvals. The
ASAUAHomeland Security Regional Training and Exercise Program Manager
will assist the Proposer with the submission of the requests for approval. The
City shall not be billed for any costs associated with obtaining these approvals.
vi. Contractor Sh8U provide all required training mo[erad, hendnuts, mzure8 syllabus
and/or written curriculum
vii Contractor shall collect written survey comments/course evaluations from
participants @tthe conclusion ofevery course offered. Survey/course evaluations
will beconducted inomanner specified bvthe City. Astandardized course
survey form will be provided tothe successful proposers, & record ofresponses
shall be maintained throughout the term of the agreement by Contractor, and
organized by training course, date, instructor, etc. Frequently mentioned
comments shall bereported tO City Project Manager. Electronic reporting shall be
made available tVthe City upon request
viii. City reserves the right1oconoe training courses with fourteen (14)calendar
days' notice of delivery date. City shall not be charged for the class, travel costs,
or training materials by Contractor if cancellation occurs within this period.
ix. City reserves the right tocancel 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.
x. Contractor shall provide and assign high qua|itvinGtnuotoraomaoOnsisfentb@Sis
(9)
xi. All instructors shall use the methods suggested bvthe training protocols
eStab|ished, such as maintaining and updating each training syllabus; introducing
and following objectives for each class; completing training as described; and
utilizing training aids such asaudio/visual systems.
xii Contractor and all its instructors shall provideimmediate feedback 10the City via
UleASAUA Homeland Security Regional Training and Exercise Program Manger
regarding all customer requests for new oradditional services or to file
complaints.
xiii Contractor will be paid for services rendered. Training days are generally eight
(8) hours |oDQ (e.g. 8AM-5PK8), including a one hour lunch break. Schedule
should include regular breaks ona5O/ 0breakr8do—foreveryfhfv(50)rninut9s
ofinstruction, there should beoten (1C) minute break. Half days are defined ao
four (4) hours or less Of Curriculum.
xiv. Training venues may beprovided bythe City orbyhosting agencies based on
the needs Ofthe course. Contractor must be able tosecure training sites @tany
of the jurisdictions within the A8AUA.
xv. All Contractor -developed courses must beapproved byCalifornia 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 ASAUAHomeland Security Regional Training and Exercise
Program Manager will assist Contractor with the submission ofthe requests for
approval. The City shall not bebilled for any costs associated with obtaining
these approvals.
md. The anticipated start date of this agreement is January, 2025. Usage under this
agreement will begin at this time.
mvii. 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 Fins Marshal approved, It shall be the responsibility of the
Contractor to obtain all POSTcertifications and California State Fire Marshal
C0U[se approvals at its cost. The ASAUA Homeland Security Regional Training
and Exercise Program Manager will assist Contractor with the submission ofthe
requests for certifications and approval. The City shall not bebilled for any costs
associated with obtaining these certifications and approvals.
xviii. A |ie1 mf"apprOved" courses is available from Cal OES atvvwmm.ca|VeS.ca.gov and
a list of Federal Emergency Management Agency (FEMA) approved classes is
available at
xix. Contractors are responsible for providing all Course no@teha|e and delivering it to
the site(s) of all training at their cost.
xx. Contractor must work with the ASAUA Homeland Security Regional Training and
Exercise Program Manager and requesting agencies to coordinate the training
calendar and venue.
City mSanta Ana mFP 24-131A Page 20 of 47
xxi. When required, Contractor must obtain the applicable certifications for developed
courses before training begins. The need for certification will bodetermined bv
the ASAUATro|ning & 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 ofthe requests for certification. The City shall not bebilled for any
costs associated with obtaining these certifications.
mxii 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 ASAUAHomeland Security Regional Training and Exercise
Program Manager will assist the Contractor with the submission of the requests
for certification. The City shall not bmbilled for any costs associated with
obtaining these certifications,
mxiii. Contractor may not charge the City for materials brought tothe class that are not
xniv. Proposers may beselected 1n provide training based Ontheir expertise within a
specific discipline:
1.L-954 All Hazards Safety Officer.L-956 All Hazards Liaison Officer, L-970
All Hazards Supply Unit Leader, L-064/\U Hazards Situation Unit Leader,
L-871 All Hazards Facilities Unit Leader, L-965AU Hazards Resources
Unit Leader.
xxv. Contractors shall ensure that training oarficioantm are nlambgra Of agencies or
organizations located or operating within the ASAUA, or have been approved by
the ABAUATraining & Exercise Program Manager orhis designee.
wxvi. Contractor shall ensure that, when required, anEnvironmental Historic
Preservation (EHP) approval has been issued to the ASAUA before delivery of
the training Course. |tshall bethe responsibility ofthe Proposer h}complete all
f0[nls and documentation necessary toobtain the required EHPapprovals @tits
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 bebilled for any costs associated with obtaining these
approvals.
A. Course Surveys / Evaluations
i. Course Su a|uabonareeuKswiUb8tabu|mtedandscoredbvContractor.
Summary Dfthe results will beprovided h}the AGAUATraining &Exercise
Program Manager.
City of Santa Ana RFP 24-131A Page 21 of 47
(9)
CITY OF SANTA ANA
ii Completed course survey/evaluation forms will be hxthe AGAUA
Training & Exercise Program Manager within 30 days of delivery of the training
course.
B. Contractor must provide course flyers for all training courses to be delivered at its cost.
C. Contractor must provide tothe ASAUATraining & Exercise Program Manager all rosters
and sign -in sheets upon completion of the training course for all training courses
delivered. Contractor shall maintain e record of all original and electronic copies of all
sign -in sheets.
D. Contractor shall provide certificates Dfcompletion toall students that successfully
complete atraining course atthe conclusion of the training course and provide copies of
the certificates to the ASAUA Training & Exercise Program Manager within 30 days of
delivery ofthe training course. Contractor shall maintain @ record of all certificates
provided students.
V. QUANTITIES FOR TRAINING COURSES
A.Quantities listed herein are estimates and are not to be construed as a commitment. No
minimum mmaximum iGguaranteed orimplied.
tU' PRICING FOR TRAINING COURSES
A. Proposer must include pricingforeochindkvidua training course series when submitting
the Cost Proposal.
B. Unless otherwise stated, Proposer agrees that, inthe event ofoprice decline, the
benefit ofsuch lower price shall beextended tothe City.
C. All prices are tObeF.D.B.destination. Any freight/delivery charges are [Obeincluded,
O. All prices quoted shall be in United States dollars and "whole cent," no cent fractions
shall beused. There are noexceptions.
E. Pricing shall include any and all payment incentives available tothe City.
F. Proposers are advised that in the evaluation of costs, if applicable, it will be assumed the
unit price quoted is correct inthe case ofadiscrepancy between the unit price and 8n
extension.
G. 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.
A. City reserves the rightto rejectany orall responses that materially differ from any terms
contained in this RFP, from any Exhibits attached hereto, or from any subsequent
addenda; tOwaive informalities and minor irregularities in ngspOnS8S received; and to
(9)
CITY OF SANTA ANA
their submissions. The decision aetOwhat constitutes aminor irregularity shall bemade
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 righttodecUneb»avv8ndanmgreamen[mrgnypartthereoffnrauy
D. City Council approval to award an Agreement pursuant to this RFP will be required,
E. Any agreement must be negotiated, finalized, and approved by the recommend
Contractor prior to City Council approval,
F. RFpaomcifoatiOns terms, conditions, and ExhibitS. RFPAddenda. and Proposals, may
boincorporated into and made opart ofany agreement that may be awarded ae8result
of this RFP.
\UU' INVOICING FOR TRAINING COURSES
A. Proposer shall invoice the Citv, unless otherwise odvieed, upon satisfactory receipt of
performance of services.
B.City will use best efforts to make payments within thirty 00days following receipt and
review nfinvoice and upon complete satisfactory receipt of performance of services.
C. Invoices shall beerneiledto:
Sgt. Garry C0usn
Santa Ana Police Department
Email: gcousoasanta-ana,org
D. City shall notify Proposer of any adjustments required to invoices.
E. Invoices shall include, at minimum:
i City PONumber (If applicable)
ii. Invoice number
iii Agreement number
iv. Remit toaddress
v. Itemized services
vi Course description
vii. Pricing asper agreement
viii. Instructor name
ix. Number ofparticipants
x. Course date(s).and
F. Proposer shall utilize standardized invoices upon request.
City of Santa Ana RFP 24-131A Page 23 of 47
IX ACCOUNT MANAGERISUPPORT STAFF FOR TRAINING COURSES
A. Proposer shall provide @ dedicated, competent Account Manager who shall beresponsible
for the Cit/Gaccount /agreement. The Account Manager shall receive all orders from the
City and shall bethe primary contact for all issues regarding the Pnmposer'sresponse to
this RFPand any agreement which may arise pursuant tothis F<FP.
B. Proposer shall also provide adequate, competent support staff that shall beable to service
the City during the working hours of 7:OOAM — 5:OOPM PST, Monday through Friday.Such
representative(s) shall be knowledgeable about the agreement, training offered, and able
to identify and resolve quickly any |SSuom inc}uded, but not limited to order and invoicing
problems.
C. Contractor's Account Manager shall b8familiar 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.
City wSanta Ana RFPu4-1mA Page 24of*T
RFP NO. 24-131A December 30, 2024
Anaheirn/Ranta Ana UA
FEMA L-Series'rraining Course Services
L-954 All Hazards Safety Officer (4-days)
per course delivery
$8,589.00
L-956 All Hazards Liaison Officer (2-days)
per course delivery
$5,589.00
L-964 All Hazards Situation Unit Leader (5-days)
per course delivery
$11,589.00
L-965 All Hazards Resources Unit Leader (4-days)
per course delivery
$10,589.00
L-970 All Hazards Supply Unit Leader (5-days)
per course delivery
$12,989.00
L-971 All Hazards Facilities Unit Leader (5-days)
per course delivery
$12,989.00
Wann Regards,
Mike Bryant, Operations Manager
Elite Command Training Corp
626-290-6007
1 J 11 i
12522 North Ninc Mile Falls- Road, Suite 155 - Nine Mile Valls, WA 99026 626-290-6007
4VWNV.Clitccommiincltraililti�.C.om
ATTACHMENT
PROPOSER'S CERTIFICATION, PROPOSAL PRICING
Certification ~| certify that | have read, understand and agree hothe terms and conditions ofthis Request
for Proposals. | have examined the Scope of Services (Exhibit |) and am qualified to provide services
being requested as specified herein. | understand and agree that | onn responsible for reporting any
errore, onoiaaiona or discrepancies to the City for clarification prior tothe submission of my proposal.
PROP[}SEFl1S STATEMENT: | have read. Understood and agree tOthe terms and conditions on all
pages of the Request for Proposals. Upon request, | will transfer and deliver goods or services to the
City in accordance with said terms and conditions.
Elite Command Training Corp
LEGAL NAME OF COMPANY
PHONE AND FAX NUMBERS
12522 N Nine Mile Falls Road #355, Nine Mile Falls, WA 99026
BUSINESS ADDRESS
Michael Bryant
PRINTED NAME OF AUTHORIZED AGENT
SIGNATURE OF AUTHORIZED AGENT DATE
FEDERAL |DNUMBER (IF APPLICABLE)
Operations Manager
TITLE
E-MAIL ADDRESS
CONTRACTOR LICENSE NUMBER
CITY [)FSANTAANABUSINESS LICENSE NUMBER
(PLEASE PROVIDE 0=4VAILAgLE,BUTNOTREQU0REDUNTIL AND 0cANANARD/3MADE TO PR0oO3B9j
1",
NNOTAff MTN ". �i, 1
ATTACHMENT B
REFERENCES
List and describe fully the contracts performed by your firm which demonstrate your ability to provide the
supplies, equipment or services included in the scope of the proposal specifications. Attach additional
pages if required. The City reserves the right to contact each of the references listed for additional
information regarding your firm's qualifications.
REFERENCE
Customer Name: San Francisco Fire Dept
Address: 2310 Folsom Street
San Francisco, CA 94110
Contract Amount: $35,000
Contact Individual: Shayne Kaialoa Deputy Chief
Phone Number: 415-970-2000
EMAIL: Shayne Kaialoa Deputy Chief
Year: 2018/19/20/22
Description of supplies, equipment, or services provided:
Training for fire & law enforcement personnel , FEMA Command & General Staff courses
REFERENCE
Customer Name: San Diego Fire & Rescue -Contact Individual: Deputy Chief Willy Melendez
Address: 2580 Kincaid Road Phone Number: 619-909-4180
San Diego, CA 92101 EMAIL: wmelendez@sandiego.gov
Contract Amount: $40,000
Year: 2018/19/20/22
Description of supplies, equipment, or services provided:
Training for fire & law enforcement personnel , FEMA Command & General Staff courses
REFERENCE North Net Training Facility Anaheim
Customer Name: Contact Individual: Facility Administrator Tracy McClellan
Address: 1320 IN Eastern Avenue East Phone Number: 714-978-7304
Los Angeles, CA 90063 EMAIL: TMcClellan@anaheim.net
Contract Amount: $32,000 Year: 2018/19/20/22
Description of supplies, equipment, or services provided:
Training for fire, law, EOC, and City of Anaheim/Orange/Fullerton personnel
Ira I jj 1i I P13#10 X 171114 WEI 32SQ-g gMglipl g low IS -5-1 ijAl j
City of Santa Ana RFP 24-131A Page 39 of 47
ATTACHMENT
PR[}P{}SER'S STATEMENT
Proposer understands and agrees that this written RFP (or any part thereof specifically designated and
accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer
and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with
her signature and official seal noting hereon the action of approval of the Council, signed by the Executive
Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of
this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or
deposited with the United States Postal Service properly addressed to the proposer with the correct postage
affixed thereto.
Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish
City all required bonds and Certificate of |kabi|hv insurance within ten (1[) days (excluding Saturdmys.
Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof
accompanying this proposal shall become the property of the City and shall be considered as payment of
damages due to the delay and other causes suffered by City because of the failure to furnish the necessary
bonds and because it is distinctly agreed that the proof mfdamages motu8||y suffered by City is difficult to
ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned
tothe undersigned.
Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth
in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under
the contract will be based upon the actual quantities of work satisfactorily completed.
All terms contained inthe specifications, the certification ofnondiscrimination by contractors, and the
required insurance certificates are to be incorporated by reference into this Ggnamnnant and are made
specifically as part of this RFP.
Firm Elite Command Training Corp
Signed and Printed Name: Michael Bryant
Title Operations Manager
Date November 15,2024
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
(9)
CITY OF SAWA ANA
ATTACHMENT D
NON -COLLUSION AFFIDAVIT
(Title 23 United States Code Section
To the CITY OF SANTA ANA
112 and Public Qontrart d qtmrtir-.n 71nr,�
notary pumic or other ollicer comifleting this cc Mite
vorilies till), tile identity ot* the individual who sinned the
_0111COLC i, -Itt"11CLI, (I not the
dOCLIMCIlt to MIMI this Cel S I
ti-11thruhichs, accuracy, or validit), ol'that (10CLAII)CIlt.
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer
declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation; that the proposal is genuine and not
collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer
to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or
agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from
bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or
to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to
secure any advantage against the public body awarding the contract of anyone interested in the
proposed contract; that all statements contained in the proposal are true; and, further, that the proposer
has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the
contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any
corporation, partnership, company association, organization, bid depository, or to any member or agent
thereof to effectuate a collusive or sham proposal.
Note: The above non -collusion affidavit is part of the proposal. Signing this proposal on the signature
portion thereof shall also constitute signature of this non -collusion affidavit. Proposers are cautioned that
making a false certification may subject the certifier to criminal prosecution,
\J
State oQ&L1Jk7, County of
Subscribed and sworn to (or affirmed) before me on this day of_gc� 2011
Pby
3
who appeared before me. proved to me on the basis of satisfactory evidence to be the person(s)
"i5i� 6*1'*
COMM # 2465608
:26 ' K ORANGE County
California Notary Public.:: '
0 Comm Exp Oct, 5, 2027
L : .
. .... ....... 1-1 ...... .........
Notary Public Signature Notary Public Seal
City of Santa Ana RFP 24-131A Page 41 of 47
ATTACHMENT
NON -LOBBYING CERTIFICATION
The prospective participant certifies, by signing and submitting this bid orproposal, to the best ofhis nr
her knowledge and belief, that:
(1) NoFederal appropriated funds have been paid Vrwill bepaid, bvoronbehalf ofthe undersigned,
to any person for influencing orattempting toinfluence anofficer oremployee of any Federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any Federal contract, the making of any Federal
gnant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
orcooperative agreement.
C8 Ifany funds other than Federal appropriated funds have been paid Vrwill bepaid toany person
for influencing orattempting 10influence anofficer Oremployee of any Federal agency, aMember
of Congress, an officer or employee of Congreee, or an ornp|Dye8 of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form-LLL' "[)isn|osure of Lobbying Aodvitios,° in
conformance with its instructions.
This certification kS8material representation oJfact upon which reliance was placed when this transaction
was made o/entered into. Submission of this certification is a prerequisite for making or entering into
this transaction imposed bvSection 1352.Title 31.U.S.Code. Any person who fails tVfile the required
certification ohoU be subject to a civil penalty of not less than $10.000 and not more than $100'000for
each such failure.
The prospective participant also agrees bysubmitting his orher bid orproposal that heorshe shall
require that the language of this certification be included in all lower tier suboontnaote, which exceed
$100,000 and that all such subrecipients shall certify and disclose accordingly.
Signed: g,7r�
Title: Operations Manager
Finn: Elite Command Training Corp
Date: November 15, 2024
mg I.-IM-1391,16-ILTIM
City of Santa Ana RFP 24-131A Page 42 of 47
ATTACHMENT
NON -DISC RIM I NATION CERTIFICATION
The undersigned consultant urcorporate officer, during the performance nfthis contract, certifies as
The Consultant shall not discriminate against any employee Q[applicant for employment becaugeof
race, color, religion, s*x,OrnoUone|ohgin. The Consultant shall take affirmative action tuensure that
applicants are amp|oyed, and that employees are treated during employment without, regard to their
nace, co|or, religion, aEm. Or national origin. Such action shall include, but not be limited to, the
following: ennp|oyment, upgrmd|ng, dennotion, or transfer; recruitment or recruitment advertising;
layoff ortermination; rates ofpay orother forms ofcompensation; and selection for training, including
apprenticeship. The Consultant agrees tVpost inconspicuous places, available tuemployees and
applicants for employment, notices to be provided setting forth the provisions ofthis nondiscrimination
clause.
2. The Consultant shall, in all solicitations Or advertisements for employees placed by Or on behalf of
the {}OnGultGnt, state that all qualified applicants will receive consideration for employment without
regard torace, oo|or, n8|i0ion, sex, ornational origin.
3. The Consultant shall send to each labor union or representative of workers with which he/she has m
collective bargaining agreement orother contract or understanding, a notice to be provided advising
the said labor union or workers' representatives of the Consultant's commitments under this section,
and eheU post copies of the notice in conspicuous places available to employees and applicants for
employment.
4. The Consultant shall comply with all provisions of Executive Order 11246 ofSeptember 24. 1865.
and of the nules, regu|o[iona, and relevant orders of the Secretary of Labor.
5. The Consultant shall furnish all information and reports required by Executive Order 11240 of
September 24. 1065. and by rules, ragu|etionn, and orders of the Secretary of Labor' or pursuant
thereto, and will permit access to his/her bOOha, records, and accounts bvthe administering agency
and the Secretary of Labor for purposes of investigation, to 8SC8d3iO compliance with such [O|es'
regulations, and orders.
In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or
with any of the said nu]oo, r8gu|atioms, or onders, the contract may be Cancekad, terminated, or
suspended inwhole orinpart and the Consultant may bedeclared ineligible for further Government
contracts or federally assisted construction contracts in accordance with procedures authorized in
Execution Order 11246 ofSeptember 24. 1965. and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24' 1905. or by ru|e,
regulations, ororder ufthe Secretary ofLabor, or as otherwise provided by |evv.
2. The Consultant nhoU include the portion of the seOt8DCa immediately preceding paragraph M> and
the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted
byrules, regulations, ororders ofthe Secretary of Labor issued pursuant toSection 2O4ofExecutive
City of Santa Ana RFP 24-131A Page 43 of 47
orpurchase order es the administering agency may direct as means of enforcing such provisions,
including sanctions for noncompliance; provided,however, that inthe event the Consultant becomes
involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction
by the administering agency, the Consultant may request that the United 8tabaS enter into such
litigation to protect the interests of the United States.
8. pursuant to California Labor Code Section 1735, as added by Chapter 043 Stats. 1939. and as
amended, no discrimination shall be made in the employment of persons upon public works because
of race, religious creed, CO|or, national origin, ano8Stn/' physical hendimaps, mental condidon, rnahtgi
status, or sex of such ponaons, except as provided in Section 1420. and any consultant of public
works violating this Section is subject to all the penalties imposed for a violation of the Chapter.
Signed: 9r!�
Title: Operations Manager
HnO: Elite Command Training Corp
Date: November 15.2O24
City of Santa Ana RFP 24-131A Page 44 of 47
ATTACHMENT G
SAM.GOV UEI VERIFICATION
On April 4, 2022, the federal government stopped using the DUNS Number to uniquely identify entities.
Now, entities doing business with the federal government use the Unique Entity ID created in SAM.gov.
They no longer have to go to a third -party website to obtain their identifier. This transition allows the
government to streamline the entity identification and validation process, making it easier and less
burdensome for entities to do business with the federal government.
This RFP includes federal funding, and as such, the proposer must provide verification of their SAM.gov
UEI and registration status. Please attach your entity's registration from SAM.gov, including UEl and
active registration status.
Proposer's UEI: J3W6SEKW73Y8
SAM.gov Registration Expiration Date: May 29, 2025
..... .............
Ic P Ip, A -out
W SAM.GOV
Gat,, ko n 1, UJU v itm,
Entity information
Check Entity Status
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Entity Infornuaflon
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VAIWA(m (111AY 611 Ulldq n1fity 10 Col. DIt, X—Ii— R,,n, & C, PACs r.bl"R I'l—k-K A111-
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THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL,
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
City of Santa Ana RFP 24-131A Page 45 of 47
ATTACHMENT H
Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion
Lower Tier Covered Transactions
This certification is required by the regulations implementing Executive Order 12549, as amended,
Nonprocurement Debarment and Suspension, 2 CFR Part 2998, Subpart C, Responsibilities of
Participants Regarding Transactions. The regulations were published as Part VII of the May 26, 1988,
Federal Register (Pages 19160-19211), and as subsequently amended in 81 Federal Register 25585.
(Before completing certification, read instructions which are an integral part of certification)
1. Pursuant to 2 CFR 180,335, the prospective primary participant, (i.e. grantee) certifies to the best of
its knowledge and belief, that it and its principals:
a. Are not presently excluded or disqualified;
b. Have not been convicted within the preceding three years of any of the offenses listed in 2
CFR 180.800(a) or had a civil judgment rendered against them for one of those offenses within
that time period.
c. Are not presently indicted for or otherwise criminally or civilly charged by a government
entity (Federal, State or local) with commission of any of the offenses listed in 2 CFR 180.800(a);
and
d, Have not had one or more public transactions (Federal, State or local) terminated within the
preceding three years for cause or default.
2. Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Michael Bryant - Operations Manager
Name and Title of Official Authorized to Certify
On Behalf of the Consultant
November 15, 2024
Date
City of Santa Ana RFP 24-131A Page 46 of 47
TO: Concerned Personnel
FROM: Angelina InigUez
DATE: February 5, 2025
SUBJECT: Course Confirmation Notice
Employee
Attendee: Michael Coleman (C85-A38)
Transportation: Personal Vehicle
Special Instructions: Please refer to "Required Gear" section on course flyer.
Course Information:
Course Name: The Marksmanship Course
Location: Los Angeles (TEA)
Date: March 9, 2025 Time: 0800 — 1700
Fees: $350
POST Reimbursable: E]Yes ®No
Fiscal:
• Fiscal, the credit card (ending in 7605) was charged in the amount of $280.00 ($350.00 per attendee,
minus $70.00 for a 20% LEO) paid to "Defensive Strategies US".
• Fiscal, this is a 1-day course; Attendee, there is no meal allowance.
• The Department's School Travel and Expense Reconciliation Report must be turned in to Fiscal with all
receipts (except meal receipts) within five (5) days of the completion of the school.
• Account # 11-14420.
If you are unable to attend the class or need to make changes, your Commander or Manager needs to notify
the Training Division immediately. A memo should be sent to Commander Lizardi and Sergeant Sontag
excusing you with your name, date, and title of the class being cancelled or modified. To reschedule the class
submit a new school request form within policy deadlines and with appropriate department signatures.
You are required to submit a copy of the course completion certificate to Training. If you have any questions,
please contact me at extension 8055.
Cc: Fiscal
Personnel File
Attendee: Please fill in the blank below and return to Training immediately following the course date for your Personnel File.
Signature/Badge:
Course Completed: Yes El No 171
Print Name:
AGREE CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY)
08/15/2024
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
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER N ACT Kathy Hughes
Stewart Insurance Service, Inc, PHONE _
AJc„ N „E.xkt. (562) 498-0669 I LAIC, No): (562) 985-0459
4515 E Anaheim Street E-MAIL kathy@stewartins.com
ADDRESS:
Long Beach
INSURED
Elite Command Training LLC
12522 North Nine Mile Falls Road #1355
CA 90804 I INSURERA: NAUTILUS INSURANCE COMPANY
INSURER B ; BERKLEY ASSURANCE COMPANY
17370
..... ......
32603
L_ Nine Mile Falls WA 99026 INSURER F : f
COVERAGES _ CERTIFICATE NUMBER: REVISION NUMBER:
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,
INS
R ._. ._ .,..._ _..,............._.,.._. ...,...'ADDLfSUBR ... _ .,. .... ....... ...,_
.... TYPE OF INSURANCE U •, mmY W� � MIDD EFF POLICY EXP m -
�.8...,..,,_„� � COMMERCIAL
D POLICY NUMBER '� MMIDD MMIDDf�,,,fYY„j, LIMITS ..., .......
f I COMMERCIAL GENERAL LIABILITY I
I EACH OCCURRENCE , $ 1,000,000
:. .. CLAIMS -MADE C OCCUR ..DAMAGE To RENTED ...... ...
l PREMISES (Ea occurrence) $ 50,000,
...._ _.... ....... '... MED EXP (Any one person) $ 5,000 _..
A I Y Y j NN 1692076 05/02/2024 05/02/2025 PERSONAL a ADv INJURY $ 1,000,000
_.
GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000
POLICY I pw)
JECT F..I LOG PRODUCTS-COMPIOP AGO $ INCLUDED
...,......J..._..a.a OTHER:._L,.,.,.....,._._��...,.-._.•.. $
AUTOMOBILE LIABILITY COMBIriE[a SINGLE LIMIT $ •-
(Ea acGidersk)
ANY AUTO BODILY INJURY (Per person) $
OWNED - SCHEDULED ._.....
AUTOS ONLY i AUTOS BODILY INJURY (Per $
0HIRED
NON -OWNED PROPERTY DAMAGE
_. ONLY AUTOS ONLY i. (Per accident) $.. ...
AUTOS ON....................,w,.,.._._,._..,_.m__.....,..w ....._ $
UMBRELLA LIAR OCCUR ......__ EACH OCCURRENCE $
EXCESS LIAR CLAIMS -MADE -- ......... ,... .......
,..._ ._ .._.,. AGGREGATE ... $
DIED RETENTION $ - i..$..._-. ..............
- �... ...,...,.._....... ..,_......m......� ,..____. WORKERS COMPENSATION .µ PER OTH-
AND EMPLOYERS' LIABILITY YIN l STATUTE ] ER _....
ANY PROPRIETORIPARTNERIEXEC,UTIVE
Mandato rn NH)
$
OFFICE RIMEMBER EXCLUDED? N 7 E.L. EACH ACCIDENT �J A ,
It as, doscr,ba under E.L DISEASE - EA EMPLOYEE $
y.,. _....,._ . .-,.
DESCRIPTION OF OPERATIONS bolowE L. DISEASE - POLICY LIMIT $
PROFESSIONAL LIABILITY EACH CLAIM LIMIT $1,000,000
B VUMB0329771 09/06/2024 109/06/2025 AGGREGATE LIMIT $2,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, 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,
ADDITIONAL INSURED: City of Santa Ana, its officers, officials, employees, and volunteers
10 Days Notice for Non -Payment of Premium in accordance with the policy provisions. Subject to all terms and conditions included in the policy.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Risk Management Division ACCORDANCE WITH THE POLICY PROVISIONS.
20 CIVIC Center Plaza AUTHORIzED REPRESENTATIVE F1sle UtYt8le71
Santa Ana, CA 92702 q REVIEWED 6, ,APPROVED BY:
A+juA
av
19$8-2015 ACORD I ` Risk Management 51)PCIa115t
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
POLICYNUMBER: NN1692076 COMMERCIAL GENERAL LIABILI
CG 20 10 12
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. I
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
RNIN474mWal
Name Of Additional Insured Person(s)
Orq#nization(s) Locationts) Of Covered Ooeratio-ts
City of Santa Ana, its officers,
officials, employees, and
volunteers All Operations of -Named
Insured
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section 11 — 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.
6,—Uith 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:
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 addRional 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.
CG 2010 12 19 0 Insurance Services Office, Inc., 2018
RJ8kMRYft'a=tDMMon
REVIEWED APPROVED By:
Risk Management Specialist
y
C. With respect to the insurance afforded to these 2. Available under the applicable limits of
additional insureds, the following is added to immuranm�
Section III — Limits OfInsurance: whichever ieless.
If coverage provided to the additional insured is This endorsement shall not increase the
required by e contract or agreement, the most we applicable limits of insurance.
will pay on behalf o[the additional insured is the
amount ofinsurance:
i. Required bythe contract oragreement; mr
REmEwEo & APPROVE) BY.
Page 2mf 2 OcInsurance Services Office, !nc.2O18 Risk Managemen,
pnl�r`r nmrm���.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - PRIMARY AND NONCONTRIBUTORY -
AUTOMATIC STATUS WHEN REQUIRED IN A WRITTEN CONTRACT OR
AGREEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Section |1-Who Is An Insured is amended Uzinclude esanadditional insured any person urorganization
when you and such person or organization have agreed in writing in a contract or agreement that such person
ororganization beadded mmanadditional insured mnyour policy.
Such person or organization is on additional insured only with nympeoi to ||ab||hy for "bodily injur/'. "property
damage" or "personal and advertising injury" caused, in whole or in part, by:
1. Your acts oromissions; or
2. The acts or omissions of those acting on your behalf;
in the performance of your ongoing operations for the additional inoured, but only for tcoumanuem or
coverages not otherwise excluded in the Coverage Part to which this endorsement applies.
However, the insurance afforded bosuch additional insured:
1, Only applies kothe extent permitted bylaw; and
2. Will not be brooder than that which you are required by the contract uragreement to provide for such
additional insured,
B.Status as an additional insured for the person morganization to which this endorsement applies:
i. Commences during the policy period and after such written contract oragreement has been executed;
and
2. Ends when:
a. Your ongoing operations for that additional Insured are completed;
b. The contractor's contract oragreement isterminated; or
c. Your policy cancels orexpires;
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 nendor, any professional orchitactuma|, engineering or surveying eemioes,
including:
o. The preparing, appmv|ng, or failure to prepare or approve, mmps, shop drawings, npinionm, vmportm,
surveys, field orders, change orders ordrawings and specifications; or
b, Supervisory, inspection, architectural urengineering activities.
This exclusion applies even if the n|a|nna against any insured allege negligence orother wrongdoing in the
auperv|aion, hiring, employment, training or monitoring of others by that |nuon*d, if the ~ucuurrmnna^ which
caused the "bodily injury" or"property damage". or the offense which caused the "personal and advertising
injun", involved the rendering of or the failure to render any professional architectural, engineering, or
surveying services.
L805(10/1e) Includes copyrighted material from msurmvcmae*icamOffice, |,m..with its permission.Ae All
a. All wmrk, including matehals, 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
|nsunad(s)sdthe location ofthe 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 ursubcontractor engaged in performing
operations for oprincipal aaapart ofthe same project.
Q. With respect to the insurance afforded to the additional insured, the following is added to Section III — Limits
CV|nsurance:
The most wewill pay onbehalf ofthe additional insured imthe amount ofinsurance:
1. Required by the contract or agreement you have entered into with the additionalinsured; or
2. Available under the applicable limits of insurance-,
whichever is less.
This endorsement shall not increase the applicable limits afinsurance.
E. The following is added to 4La. of Other Insurance of Section D/ - Commercial General Liability
Conditions:
K 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 partbyyour acts oromissions, orthe
acts oromissions ofthose acting on your behalf that occurs while performing ongoing operations for the
additional insured.
All other hannmendconditionmremoknuncham0ed.
005(1019) Includes copyrighted material from Insurance Services Office, |nc..with its permission
i�olicy Number-- NN1692076 COMMERCIAL GENERAL LIABILITY
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 cfrecovery mm may have against any person or organization because ofpayments wm make
for injury or damage oaused, in vvhm|e or in part, by Your acts or omkssioms, 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 "prod ucts-completed operations hazard". This waiver applies
only when you and that person or organization have agreed to such waiver in writing in a contractor agreement.
All other terms and conditions of this policy remain unchanged.
L608(05109) IricluUeocopyrighted material ofinsurance Services Office, |nc..with its permission.