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Home My WebLink AboutO2X HUMAN PERFORMANCE, LLCINSURANCE ON FILE WORK MAY PROCEED LINTtt %W ANGE EXPIRCS A-2025-134 ©q 11 q1 2a25- CITY CLERK DATE: S E P 10 2025 o,. 90 ((0 AGREEMENT WITH 02X HUMAN PERFORMANCE LLC TO PROVIDE CM-09'. Mui}S0rW0A(D1) PHYSICAL HEALTH AND WELLNESS -RELATED SERVICES THIS AGREEMENT is made and entered into on this 19a` day of August, 2025 by and between 02X Human Performance, LLC, a Delaware limited liability company, ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a Consultant having special skill and knowledge to provide physical health and wellness -related services to the Santa Ana Police Department. B. City staff researched and located only one company capable of providing all the required components and services. Pursuant to Santa Ana's Municipal Code purchasing rules and regulations, Consultant has met the requirements for Council approval under SAMC § 2- 807(a). C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field, is able and willing to provide such services to the City and any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all Iabor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit A. The total amount to be expended during the term of this Agreement shall not exceed $215,000. 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 Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant 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 Consultant's account(s) with financial institutions. Page 1 of 10 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 September 1, 2025 and continue through August 31, 2026, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agroement, be, construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-entployee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in .which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant: shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to omployers and shall be responsible for all applicable withholding taxes, 5. 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 Consultant under: this Agreement (" Documents & Data"). Consultant shall require all subcontractors to agree its writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has tine legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant 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. G. INSURANCE Insurance requirements are attached hereto asExhibit xhibit B. 7, INDEMNIFICATION Consultant 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 Page 2 of 10 negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any 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 Consultant 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 Consultant'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 ariso out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. S. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant 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 Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement, Consultant 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 Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant 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. Consultant 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 Consultant under this Agreement. 110, CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such irifonnation 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 Page 3 of 10 information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement, The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publiclyavailable source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City, 11. CONFLICT OF INTEREST CLAUSE a. Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission .members, as defined under the City's Municipal Code, whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Consultant or have any other direct or indirect financial benefit or interest in this. Agreement. c. The section also prohibits the awarding of .any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution d. The Consultant must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement. The Consultant warrants that It is not now aware of any facts which conflict with the prohibitions defined above. If the Consultant hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it roust immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement. e. Consultant covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported (in whole. or in part) by City funds stemming from the Agreement where the awarding; of the subcontract has any director indirect financial benefit or interest to any individual, as defined in subsections (b) and (c) above. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender Identity, gender expression, gender, medical conditions, genetic Page 4 of 10 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. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant 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, 14. ASSIGNMENT Inasmuch as this .Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment., transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. 15, TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination, In such. event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions:. a. As a condition of such payment, the Executive Director may require Consultant 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 Consultant 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, 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or page 5 of 10 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, 17. 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. 18, PROFESSIONAL LICENSES Consultant 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. Consultant shall notify the. City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19, NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deeined to be properly given if delivered in person or mailed. by first class or certified mall, 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: 71.44- 647-6956 With courtesy copies to: Chief of Police City of Santa Ana 60 Civic Center Plaza (M-97) P.O. Box 1988 Santa Ana, California 92702 Page 6 of 10 To Consultant: 02X Human Performance Attn: Nick Westerndorf, Assistant Vice President 1 Mill Wharf Plaza, Unit S 12 Scituate, MA 02066 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature heroin below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signature page to follow] Page 7 of 10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer City Cie APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney BY: 1A 4� Tamara Bogosian Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: L� JI Robert Rodriguez Chief of Police SANTA AV&* - Alvaro Nunez City Manager OZX HUMAN PERFORMANCE Brice Long Chief Operating icer Page 8 of 10 EXHIBIT A SCOPE OF SERVICES and COSTS #2077842v2 02X Human Performance Integrated Readiness Platform Proposal 28 MAY 2025 Delivered To: Santa Ana Police Department I HUMAN PERFORMANCE .4 172 . NUOAAN P@R4;04AIANCC Company Information 02X Human Performance LLC 1 Mill Wharf Plaza Unit S12 Scituate, MA 02066 02X Human Performance 1 Mill Wharf Plaza Unit s12 Scituate, MA 02066 02X Human Performance LLC (prev. CGLM LLC) was Incorporated on December 16, 2013 in Delaware. Cage code: 7ZUM8 UEL• G6CGLEPPSC85 02X Human Performance offers a comprehensive approach to human performance, delivering tailored platforms to meet the specific needs of clients. These offerings integrate virtual resources, data analysis and reporting, proprietary assessments, science -backed education methodology, and On -Site Specialists (OSS) to support Tactical Athletes --including Service Members, tactical units, firefighters, law enforcement officers, city employees, federal agents —and private sector teams. 02X's holistic approach enhances mental resillence, job performance, and promotes healthy lifestyles, all while reducing healthcare costs linked to Injurles and Illnesses, Proposal Terms The pricing and product outlined in this proposal will be honored for 90 days from the date listed on this document. This document is to be considered a proposal only and does not constitute a full agreement between 02X Human Performance and the Santa Ana Police Department.. Upon acceptance of this agreement, binding terms will be agreed upon In the form of a final contract. The contents of this proposal are to be considered confidential, to be shared only between 02X Human Performance and the Santa Ana Police Department., Platform and product descriptions outlined in the attached pages are proprietary Information and intended only for the recipient of this proposal. Pee structures, costs, and terms are also to be considered confidential, Very respectfully, Nick Westendorf Account Executive 02X Human Performance 0 02X Propriotary and CoifflOntial 02X Human Performance 1 Mill Wharf Plaza Unit S12 HUMAN PERFORMANCE Scituate, MA 02066 Pricin �Y� The 02X Integrated Readiness Platform 01. 02X Connect"' - Integrated Tech Resources s All members will gain access for 1 year to the fully stocked mobile and web application and communication with the OSS e Coach accounts for the 02X Connect' platform 02.02X Readiness Dashboard"' - Data Analysis & Reporting e Clear snapshot of supported commands' status and key metrics to track: progress and enhance readiness across the organization s Monthly activity reports e Quarterly & Annual results reporting presented to client leadership $210,000 e ROI tracking and continual program adjustments 03.Assessments & Screenings • The proprietary, holistic 02X Readiness Assessment 04. 02X Integrated Specialists'"` • 1 x full-time On -Site Specialist s Dedicated client management support • OSS will be subject matter expert In the field of Injury Risk Reduction with applicable experience and certifications for the role. Other Direct Costs (ODC) * Additional start up program costs including on site specialist equipment, shipping, facilities $5,000 support as requested by client and/or required by contract Start Up Costs Covered by the 202S BUILDINGS HOME'S FOR HEROES (Bi-1FH) GRANT' • Grant covers the 4 month Period of Performance from 9/1/2025-12/31/2025 . $70,000 s BHFH Grant award is contingent upon a 03 2025 program launch and covers the full monthly cost of the program (excluding ODC)"* Remaining Year 1 Cast to be Covered by SANTA ANA PD • Period of Performance from 1/1/2026 - 8/31/2026 (8 months) $145,000 • First monthly payment of $17,500 to be made by SAPD In January 2026 *Multi -year agreements include an annual price escalation of 2.S% @ 02X Proprietary and Colif'id4:ntial LiZj HUMAN. PFBFOBMANtS 02X Human Performance 1 Mill Wharf Plaza Unit S12 Scituate, MA 02066 The O2X Integrated Readiness Platform for Santa Ana PD Is strategically crafted to enhance readiness by delivering a comprehensive, integrated program tailored to meet Santa Ana PD's operational priorities. Through a cohesive bundle of offerings, the 02X Integrated Readiness Platform Is positioned to strengthen readiness and resilience, ensuring Santa Ana PD personnel are fully equipped to meet mission demands. In order to address Santa Ana PD's needs, the O2X Integrated Readiness Platform base package will Include: 01. 02X Connect" - Integrated Tech Resources., Members will gain access to the fully stocked mobile and web application with continuing resources available from any location. O2.02X Readiness Dashboard'"' - Data Analysis & Reporting: Leveraging data from each program component, O2X provides comprehensive reporting dashboards for commands to monitor force readiness, identify areas for Improvement, and proactively address risk reduction, A centralized dashboard accessible to leadership offers an organization -wide view of service member readiness, enabling a clear snapshot of the state of the force through key metrics to track progress and enhance readiness. 03.Assessments & Screenings: Members would participate In the holistic O2X Readiness Assessment m to gain valuable insight Into their Individual strengths, weaknesses, and risks to mental and physical health issues. Along with the 02X Readiness Assessmentf", leadership can work with the On -Site team to design and deliver additional screenings and assessments based on needs and requirements of different commands and personnel. 04.O2X Integrated Specialists'': These individuals will serve as embedded representatives of the team whose roles are to work directly with organizational leadership to Integrate the program seamlessly. If the OSS Is a Product Manager and is qualified as a specialist in any of the human performance domains, they can run Individual and group sessions based on their expertise to amplify impact. The following pages include In depth descriptions of each component of the program for reference. Please note that only the products outlined In the summary and pricing Information above are Included In this proposal; however, additional offerings listed in the attached materials can be added. 12RQD-UCT 111mcginioN C 02X Proprietary and Confidautial A%TJ 101AAN Mron MAxcr 02X Human Performance 1 Mill Wharf Plaza Unit S12 Scituate, MA 02066 02,X,Integraied Readiness Platform: A comprehensive, Integrated product designed to support and enhance your agency's human performance initiatives through five key elements. The proprietary 02X Integrated Readiness Platform offers proven and validated content across all pillars of human performance delivered through a customizable, scalable, and expeditionary approach. Each component is rooted in science and the program is designed to provide agencies with a comprehensive offering to optimize human performance through a complete package, Platform Objectives Integrate EAT SWEAT THRIVED methodology and human performance Initiatives with an ecosystem of support 0 Ensure continuity of products to strengthen program implementation, sustain readiness, and reinforce human performance Initiatives continuously over time Increase readiness, resilience, and retention through mental and physical health • Deliver resources, training, and assessments tailored to members' needs e Provide specialized support for members on light duty to expedite return to work o Increase safety, productivity, and longevity, reducing injuries and associated costs • Leverage 02X resources and nationwide specialists for targeted wellness support. a Track and report measurable outcomes to foster continuous Improvement Platform Components The 02X Integrated Readiness Platform is firmly rooted in science and evidence -based practices tailored to the specific needs of different occupational requirements. Together, the 02X team In the field and headquarters staff work to guarantee each 02X program delivers positive Impact through: 01. 02X Connect'' 02. 02X Readiness Dashboard," 03. 02X Readiness Assessments"' 04. 02X Integrated Specialists'' Each element of the 02X program utilizes a proprietary and cohesive EAT SWEAT THRIVE@ methodology, which addresses all pillars of human performance to Include sleep, nutrition, conditioning, Injury risk reduction, resilience, and stress management, 02X's highly specialized programs help build a resilient workforce, able to withstand job -related physical and mental demands while Improving career longevity, 01. 02X Cg nect'M The 02X suite of virtual resources provides access to EAT SWEAT THRIVE® content and a connection to an expansive team of human performance specialists. This dual -sided platform harmonizes all parts of the program, provides access to comprehensive content, and Is only avallable from 02X. The proprietary Integrated tech platform provides clients with access to program resources in any location. 02X Connect' software allows the On -Site Specialist to communicate with members virtually and provide customized programs and resources. Together with the mobile app and web portal, On -Site Specialists are able to provide a robust amount of human performance content from all areas of the EAT SWEAT THRIVE' curriculum and continued access to top tier subject matter experts. Highlighted below are a few of the many features in the 02X virtual membership: 02X Proprietary and Confidential 4 L�i►.t� o HUMARPERFORMANCO 02X Human Performance 1 Mlll Wharf Plaza Unit S12 Scituate, MA 02066 02X Connect'M Administrative Platform, Provides On -Site Specialists and client admins the ability to efficiently coach and communicate with members. Using an online portal controlled by the On -Site Specialists, content is shared and assigned organlzation-wide or directly to Individual members. This allows On -Site Specialists to track Individuals' progress and remotely guide their training. Other features include: • Interactive calendar that displays the On -Site Specialist schedules • Messaging center where members can communicate directly with their coach • Access to a dashboard feed where the On -Site Specialists will share links, articles, videos, etc. 02X Mobile & Web Application Features for Users: Recipes: The app provides healthy recipes for fueling physical health and cognitive performance. When members select a recipe, they are presented with a full Ingredient: list, as well as directions on how to complete the recipe, Many recipes also include instructional videos. SWEATPlans: SWEAT Plans are periodized workout programs, designed to build strength, reduce Injury risk, and improve conditioning specific. for your job. Explore hundreds of plans or view recommended ones based on the results of a brief survey. Workout Generator: The workout generator provides members the ability to quickly and efficiently find an individual workout that matches their interests, equipment., and goals. Members can then begin the workout, save it, or scroll hundreds of workouts until they find one they like. THRIVE Exercises: Guided Sleep, Breathe, and Meditate tools, as well as yoga classes allow users to recallbrate after a stressful evolution, watch, or day. THRIVE Plans., Like having a workout program, THRIVE Plans are meant to help members enhance recovery, build resilience, manage stress, and optimize mental health. Assessments: The Assessments section provides members with physical and performance assessments, to Include physical training tests complete with current standards from various tactical athlete professions. Test yourself against benchmarks from all over the tactical community. Reporting/Tracking: Upon completion of the O2X Readiness Assessment," and assessments I surveys In the App, members receive 'Individualized reports with 02X Specialists' suggested goals for improvements, By selecting "View Results in Portal", members can see their current scores compared to their past attempts, as well as how they stack up against the standards. Ask on Expert: "Ask an Expert" acts as a force multiplier, providing members with an outlet to communicate directly with a variety of O2X specialists In addition to their OSS team by choosing the category of their question (EAT SWEAT THRIVED, or General) and typing their question Into the text box, Answers to these personalized questions are typically answered within 24-48 hours. 0 02X Proprietary and Confidential Al 02 . HUMAN PERFORMANCE 02X Human Performance 1 Mill Wharf Plaza unit S12 SCltuate, MA 02066 All resources described above can also be accessed through the web -based 02X Portal, In addition to other EAT SWEAT THRIVE'' resources. The Portal also hosts most of our physical training SWEAT Programs In PDF version, available for download. 02.ORX Readiness P-Ashboard"', I? t Anal si & Re _13o tin 02X leverages deep cultural competence and organizational experience to provide custom reporting that will resonate with key leadership. Through years of working closely with stakeholders at all levels, 02X has developed the ability to efficiently share Information, provide Insights, and demonstrate program efficacy. Reporting is a key element of the 02X Integrated Readiness Platform as It allows On -Site specialists to collaborate with leadership and identify areas of focus regularly to ensure the program continues to evolve and deliver measurable Impact, The four standard reporting timelines and vehicles are outlined below, Development of individual and organizational reporting Is essential to tracking program growth and return on Investment. Program Impact is determined collaboratively between 02X and client leadership to ensure all Initiatives are aligned with the needs of the organization. 08, sssesments 5creenin s Paired with the software provided through the dual -sided mobile and web application, 02X provides hardware packages to Implement individual and department -wide readiness assessments that feed Into reporting and dashboards accessible to leadership. 02X Readiness Assessment' The 02X Readiness Assessment"' is a proprletary virtual and hands-on holistic assessment of Individuals designed to build self-awareness and deliver personalized plans for optimizing and sustaining high levels of performance. The process, reporting, and technology installation are Proprietary and not available outside orF 02X. The 02X Readiness Assessment" was designed for Tactical Athletes and aims to provide a holistic look at each 'Individual member. The research -based assessment was built using the best available evidence to assess health -related quality of life and physical capacity and has four unique elements: o Leverages validated mental and physical survey questlons 9 Utilizes practical movement assessments for mobility, stability, and capacity * Identifies asymmetries or weaknesses as compared to normative standards • Identifies opportunities to lower the risk of illness or injury 0 02X Proprietary and Confidential VAJV NUMAN PWORMANCC 02X Human Performance 1 Mill Wharf Plaza Unit S12 Scituate, MA 02066 Readiness Assessment `s data Is collected via 02X software and provides members with their results, reporting, and recommendations immediately upon submission. The Readiness Assessment` will offer both micro and macro perspectives of the operational readiness of the force. Results allow On -Site Specialists to create custom programs targeting areas of.improvement for individuals. The figure below highlights the various elements of the Readiness Assessment"' that are compiled Into aggregate data used to provide leadership valuable Insights about the state of their force and areas of focus for Improvement. Collecting the data and analyzing It over time is imperative to proving the success of the program. Each member's Individualized report contains specific recommendations to improve readiness, health -related quality of life, and physical function. Organlzatlon-wlde team reports Identify trends across groups and teams, with capacity to sort data by age, gender, job function, and more. All members that take part In the Readiness Assessment"' will receive individual reports, while leadership receives de-ldentlfied, aggregate team reports showing overall command readiness, 04.92X 1 tegrated, Spe sts" The 02X program places full-time On -Site Human Performance Specialists within government organizations nationwide. These specialists, recruited through an extensive network of subject matter experts, possess relevant experience, education, credentials, and interpersonal skills required to have a substantial impact on the organization. They are extensively trained and onboarded to be embedded within organizations and agencies to support the health, wellness, and overall performance of employees utilizing the EAT SWEAT THRIVE• methodology. On boarding Process Each On -Site Specialist or Product Manager (OSS) selected will be sourced, hired, trained, and employed by 02X and will :operate with the backing of the entire 02X network of subject matter experts and headquarters support. Utilizing an expansive existing network of human performance specialists, 02X recruits top tier talent for the OSS role located at a client location. This selection effort will target OSSs that possess a key blend of relevant experience, education, and credentials, as well as the interpersonal skills required to have a substantial Impact on the future of the organization. OSS team members are expected to carry themselves with the highest levels of professionalism while serving as leaders and role models In the organizations where they are placed, Further, any specialists In this role will have undergone additional 02X internal training in preparation for working with tactical athletes and the specific organization with which they will be placed. specialist Types Based on the type(s) of OSS selected, 02X will provide a full-time specialist dedicated to improving readiness of the organization. The specialist($-) will possess requisite education and certification for specialty and role; • Product Manager • NSCA Certified Strength and Conditioning Specialist (CSCS) • Injury Risk Reduction and Recovery Specialist; Doctor of Physical Therapy (DPT) • Injury Risk Reduction and Recovery Specialist, Athletic Trainer (AT) • Registered Dietitian (RD) • Operational Psychologist 0 02X. Proprietary and Confidential ® a I HUMAN PERFORMANCE • Mental Performance Specialist 02x Human Performance 9 Mill Wharf Plaza Unit S12 Scituate, MA 02066 Cllent Management Regardless of specialty and subJect matter expertise, the OSS team members are dedicated to embedding successful resources within organizations, The client management component of the 02X program allows for access to company leadership, dedicated attention to the client, reach -back support from a network of human performance specialists, and consistent reporting and ongoing collaboration between 02X and the client. Key elements of client management through the OSS team include: • Full-time presence at client location to act as liaison between client and O2X • Seamless implementation with organizational staff and leadership and support initiatives to help Improve readiness across the agency • Collaboration to define success metrics, monitor progress, and report Rol • On -site needs analysis and real-time recommendations to improve member health and wellness • Regular status reports to leadership on program effectiveness • Distribution of materials to organizational members • Review and development of,job-specific readiness assessments and training • Access to the entire library of 02X resources and the expansive network of O2X specialists • Tangible results and metrics for measuring the effectiveness of health and wellness Initiatives delivered to leadership and key stakeholders Speclallst Rates Based on Subject Matter Expertise Injury Risk Reduction and Recovery Speciallst (AT) • Full-time trained and certified Athletic Trainer specializing In Injury risk reduction, management, and recovery • Possess requisite education and certification for specialty and role such as; o Injury prevention and recovery special.1st: minimum of a Masters degree In relevant field and Athletic Trainer Certification (ATC) • Develop physical recovery and injury prevention specific training programs and disseminate to personnel • Lead group and Individual physical training and recovery sessions • Facilitate readiness across members to increase job performance, retention, and recruitment • Provide program overviews, educational briefings, training sessions, and access to resources to Individual. members as requested OTHER DIRECT COSTS (ODC) During the performance of this contract, 02X staff will be required to travel CONEIS to support training events, field operations, and other regional member engagement. O2X is requesting funding for reimbursement of approved and required travel expenses to include flights, hotels, parking, rental car, gas, toils, baggage fees, and taxis/Ubers, as required within the contract and as requested by the client. Additionally, 02X may be required to ship training aids to these locations in support of the work and order equipment to support operations.. 0 02X Proprictaq and Confidential EXHIBIT B INSURANCE REQUIREMENTS #2077842v2 Contractor shall procure and maintain for the duration of the agreement, the following insurance coverages: MICNIMUM SCOPE AND ]LIMIT OF INSURANCE Contractor shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as: Commercial General Liability (CGL): Insurance, Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of $1,000,000. In the event Contractor does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance with existing limits, which can be lower than $1,000,000.. Workers' Compeus4tion (WC): as required by the State of California, with statutory limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, per employee, per policy for bodily injury or disease. This requirement can be waived if Contractor has no employees. If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following .provisions: 1. CGL and A[. policies: City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of Contractor including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2• COL, AL, and 'WC policies: 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 any policy which arise from work performed by Contractor for City. 3. All required insurance policies: 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. All required insurance policies. A severability of interest provision must apply for aJl 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. ##2077842v2 5. Each insurance policy required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non - renewal due to non-payment. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: (Name of Department Staff Responsible for Agreement), Address of .Department Responsible for Agreement, M-XX, Santa Ana, CA 92701. The name and location of event should be included in the Description of Operations section of each certificate. Self -Insured Retentions Self -insured retentions must. be declared to and approved by the City. City may require Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense, expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than ANN, 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 time applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Contractor's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Claims Made Policies If any of the required policies provide coverage on a claims -made basis: 1. The retroactive date must be shown and must he before the date of the contract or the beginning of work. 2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a retroactive date prior to the contract effective date, Contractor must purchase "extended reporting" coverage for a minimum of three (3) years after completion of work, Subcontractors Contractor shall require and verify that all sub -contractors maintain insurance meeting all time requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from sub -contractors. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circrummstances. #2077842v2 A CCIl �i CERTIFICATE OF LIABILITY INSURANCE DATEIMMIODIYYYY) 07/2812025 THIS CERTIFICATE IS ISSUED ASA 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 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 endorsernent(s). PRODUCER CONTACT Lynne Arruda NAME: y Aiera Group, Inc. PHONE FAX AIG No. Ext : AIC, Na 120 Longwater Drive E-MAIL ADDftEss: lynne.arruda@aleragroup.com INSURERIS) AFFORDING COVERAGE NAIC # Norwell MA 02061 INSURER A: LexingtonlRTS INSURED INSURER B : Coalition Insurance Solutions, Inc. FGP-02X Holding LLC INSURER C : 1 Mill Wharf Plaza INSURER D Unit 512 INSURER E : Scituate MA G2066 tNSURER F : '. UvCrt/5VC7 111i IIli I i NUMlili z%-zu UL/rr,Vr CAL, Ii Rlli uI IIIAQco. 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 MAYBE 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. INSR LTR TYPE OF INSURANCE Ai INSD SUBIR WVD POLICY NUMBER POLICY EFF MMfDDIYYYY POLICY EXP MMIDDIYYYY LIMITS X COMMERCIAL GENERAL LIABILITY 1:1DAMAGE X CLAIMS -MADE OCCUR Professional Liability EACH OCCURRENCE $ 1 ,000,000 TO RENTED PREMISES Ea occurrence $ 300,000 X MED EXP (Any one person) $ 1,000,000 X Ded $10,000 PERSONAL &ADV INJURY $ 1,000,000 A Y Y 1070632 09/19/2024 09/19121 Gi AGGREGATE LIMITAPPLIES PER: X POLICY ❑ PRO- ❑ JECT LOC GENERAL AGGREGATE $ 3,000,000 PRODUCTS - COMPIOPAGG $ 1,000,000 Healthcare GLAgg $ 3,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED 51 NGLE LIMIT li accident $ 1,000,000 BODILY INJURY (Per person) $ ANYAUTO A OWNED SCHEDULED AUTOS ONLY AUTOS Y Y 1070632 09/1912024 09/1912025 BODILY INJURY (Per accident) $ X HIRED \/ NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident $ _ $ UMBRELLA LIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ 1,000,000 X AGGREGATE $ 1,000,000 A EXCESS LIAB 6798924 09/1912024 09/1912025 DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNERfEXECUTIVE OFFICERIMEMBER EXCLUDED? NIA PER OTH- STATUTE ER. E.L. EACH ACCMENT $ E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If Yes. describe udder E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS below B Cyber Liability LPL107922 11/17/2024 11117/2025 Li $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Abuse & Molestation - Policy # 1070632 eff 09119/2024 - Coverage Limit: $1,000,000 Each Perpetrator 1$2,000,000 Aggregate Digitally si City of Santa Ana, its City Council, its officers, officials, employees, agents and volunteers are Additional Insureds with respects to General Liability and TU Tra n byTr Tra Automobile Liability, on a primary and non-contributory basis including waiver of subrogation, as required by written contract only, per attached policy form. Nguyen Policy includes 30 Day Notice of Cancellation. Nguyen Date 202 I Retro-active dates: Professional Liability 9119F2021, General Liability 9119/2018 14:32:524 i Employee Benefits Liability - Policy # 1070632 eff 09/19/2024 - Coverage Limit: $1,000,000 1$3,000,000 APPROVED CFRTIFICOTF Hnl nFR rAi I ATi ByTuTranNguyen at2:32pm, Aug 27, 2025 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Santa Ana Police Dept AUTHORIZED REPRESENTATIVE 60 Civic Center Plaza {M-18} Santa Ana CA 92701 @ 1980-201 S ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 9,27 .00' �® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDfYYYY) 8127/2025 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(tes) 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 Higginbotham Insurance Agency, Inc. 500 W. 13th Street Fort Worth TX 76102 INSURED 02X Human Performance DBA CGLM, LLC 1 Mill Whart Plaza, Unit S12 Scituate MA 02066 r ^AV= R111RAQ=0 49R904AQOn Kat 817 INSURERA: Service Lloyds Insurance Co. 43389 wsuRER B :Twin City Fire Insurance Company 29459 REVISION NUMBER: (.UVt,KAC9Cg LLCr%l lvitr l� 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. gDDt SUBR POLICY EFF POLICY EXP INSR TYPE OF INSURANCE POLICY NUMBER M DDlYY MMfDDN YY LIMITS COMMERCIALGENERALLIABILITY CLAIMS -MADE OCCUR FACHOCCURRENCE $ DAh9GF TO RENTED PREMISES Ea occurrence $ MFD EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRODUCTS -COMPIOPAGO $ POLICY PRO LOG JECT OTHER: AUTOMOBILE LIABILITY Eaac dSINGLE LIMIT ert $ BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE per accident $ UMBRELLALIAB EACHOCCURRENCE $ AGGREGATE $ EXCESS LIAB HOCCUR CLAIMS -MADE DEp RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETOFUPARTNERIEXECUTIVE N _ X STATUTH ER $ A SLICWC110650601 4/1/2025 4/1/2026 E.L. EACH ACCIDENT $1,400,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 OFFICERIMEMBEREXCLUI tMandatory In NH) NIA A E.L. DISEASE -POLICY LIMIT $1,000,000 If DESCyes, desc RIPTribeION uOF OnderPERATIONS below 8 EmployrrentPractices LInblllly 46KB073795625 4/1/2025 4/112026 LlmltofLiability 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) The Workers' Compensation policy Includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the named Insured and the certificate holder that requires such provision. 30 Day Notice of Cancellation provided. City of Santa Ana, Its City Counclt, officers, officials, employees, agents, and volunteers are provided with a blanket automatic waiver of subrogation . APPROVED ey Tu Tran Nguyen at 2:32 prn,.Aug 27, 2624 a LH_\ 13 City of Santa Ana Attention: Santa Ana Police Department 60 Civic Center Plaza (M-18) Santa Ana CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL HE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZEtlR RESENTATIVE %W 10VV-Av W Avvf�Ll vv,ar v.ara,.va. nu .a..... .........M..• ACORD 25 (2016103) The ACORN name and logo are registered marks of ACORD ENDORSEMENT NO.34 This endorsement, effective 12:01 AM: December 6, 2024 Forms a part of policy no.: 1070632 Issued to: FGP-02X HOLDING LLC By: LEXINGTON INSURANCE COMPANY ADDITIONAL INSURED ENDORSEMENT (GENERAL LIABILITY) (INCLUDES WAIVER OF SUBROGATION) This endorsement modifies insurance under the following: MISCELLANEOUS HEALTHCARE FACILITIES GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured: Where required by written contract The following is added to Section 11. WHO IS AN INSURED of the MISCELLANEOUS HEALTHCARE FACILITIES GENERAL LIABILITY COVERAGE PART: The person or organization shown in the Schedule above is included as an additional Insured if you are obligated by virtue of a written contract to provide insurance to such person or organization of the type afforded by this Policy, but only with respect to liability arising out of operations conducted by you or on your behalf. Notwithstanding any provision in the written contract between you and the person or organization shown in the Schedule above to the contrary, the person or organization shown in the Schedule above shall not be construed as a person,or organization acting on your behalf and there shall be no coverage with respect to liability for injury or damages arising out of any act or omission of such person or organization. In the event that the Limits of Insurance provided by this Policy exceed the Limits of Insurance required by the written contract, the insurance provided by this endorsement shall be limited to the Limits of Insurance (inclusive of any applicable deductible or self insured retention) required by the written contract. The Limits of Insurance (inclusive of any applicable deductible or self insured retention) provided by this Policy shall not be increased for any reason, including any failure, refusal or inability of any self insurance/ Insured to pay any amounts due thereunder. This endorsement shall not increase. the Limits of Insurance shown in the Declarations pertaining to the coverage provided herein, 141662 (07/21) ENDORSEMENT NO. 34 (Continued) Any coverage provided by this endorsement to an additional Insured shown in the Schedule above shall be excess over any other valid and collectible insurance or self insured retention available to the additional Insured whether primary, excess, contingent or on any other basis, unless the written contract with the additional Insured specifically requires that this insurance be primary and non-contributory with any other insurance carried by the additional Insured. In such case, this insurance shall be primary and non-contributory with any other insurance carried by the additional Insured. In the event of payment under the Policy, we waive our right of subrogation against any person or organization shown in the Schedule above where the Named Insured has waived liability of such person or organization as part of a written contractual agreement between the Named Insured and such person or organization, which was executed prior to the effective date of this endorsement and prior to the occurrence or offense. In accordance with the terms and conditions of the Policy, as soon as practicable, each additional Insured must give us prompt notice of any occurrence or offense which may result in a claim, forward all legal papers to us, cooperate in the defense of any actions, and otherwise comply with all of the Policy's terms and conditions. Failure to comply with this provision may, at our option, result in the claim or suit being denied. All other terms and conditions of the policy remain the same. 141662 (07/21) Authorized Representative or countersignature (where required by law) ENDORSEMENT NO.35 This endorsement, effective 12:01 AM: December 6, 2024 Forms a part of policy no.: 1070632 Issued to: FGP-02X HOLDING LLC By: LEXINGTON INSURANCE COMPANY LIMITED ADVICE OF CANCELLATION TO SCHEDULED ENTITIES ENDORSEMENT This endorsement modifies insurance provided by the Policy: SCHEDULE Name of Person or Organization State of Vermont City of Hemet, its officers and employees E-Mail or U.S. Postal Service Address 45 State Drive. Waterbury, VT 05671 445 East Florida Ave, Hemet, CA 92543-4209 City & County of San Francisco -Office of 1 Dr. Carlton B. Goodlett Place, San Contract Administration, Attn: Purchasing Francisco, CA 94102-4685 Division City Hall, Room 430 City of Huntington Beach, Attn: Police Chief, Sobrante Properties, L & Pacific Commercial Real Estate c/o Pacific Coast Commercial Real Estate Baltimore County Maryland 2000 Main St, Huntington Beach, CA 92648 41 Corporate Park Suite 230 Irvine, CA 9.2606 400 Washington Ave, Towson, MD 21024 115713 (07/13) ENDORSEMENT NO. 35 (Continued) This endorsement modifies insurance provided by the Policy: In the event that we cancel this Policy for any reason other than non-payment of premium, and 1. The cancellation effective date is prior to this Policy's expiration date; 2. The First Named Insured is under an existing contractual obligation to notify a certificate holder(s) when this Policy is canceled (hereinafter, the certificate holder(s)) and has provided us, either directly or through the broker of record, either: a. The name of the entity shown on the certificate, a contact name at such entity and the U.S. "Postal Service mailing address of each such entity; or b. the email address of a contact at each such entity; and 3. prior to the effective date of cancellation, the First Named Insured confirms to us, either directly or through its broker of record, that the persons or organizations set forth in the Schedule above, as well as their respective addresses listed, should continue to be a part of the Schedule and, if not, the names of the persons or organizations that should be deleted, we will provide advice of cancellation (hereinafter, the advice) to each such certificate holder confirmed by the First Named Insured in writing to be correctly a part of the Schedule within 30 days after the First Named Insured confirms the accuracy of the Schedule above with us; provided, however, that if a specific number of days is not stated above, then the advice will be provided to such certificate holder(s) as soon as reasonably practicable after the First Named Insured confirms the accuracy of the Schedule above with us. Proof of us emailing the advice, using the information provided and subsequently confirmed by the First Named Insured in writing, Wil serve as proof that we have fully satisfied our obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this Policy or the cancellation of this Policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this Policy. All other terms and conditions of the policy remain the same. 115713 (07/13) Authorized Representative or countersignature (where required by law) ; k � Coahtion`' FILING POLICY NO.: C-4LPL-107922-CYBER-2024 ENDT NO.: 21 AMENDED DEFINITION OF INSURED - INCLUDING INDEPENDENT CONTRACTORSAND ADDITIONAL INSUREDS Form Number CY U S P- 5 0 E N-00 00 20-0 623-02 Effective Date of Endorsement November 17, 2024 Named Insured FGP-02X Holding LLC Filing Policy Number C-4LPL-107922-CYBER-2024 Arch Specialty insurance Company, Issued by Ailianz Underwriters Insurance Company, (Name of Insurance Company) Ascot Specialty Insurance Company, Aspen Specialty Insurance Company, Fortegra Specialty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the following: COALITION CYBER POLICY In consideration of the premium charged forth is Policy, it is hereby understood and agreed that: 1. The definition of "Insured, you, or your" under SECTION IX, DEFINITIONS is deleted and replaced with the following: Insured, you, or your means: I. the named insured; 2. a subsidiary; 3. senior executives; 4. employees; S. an independent contractor, who is a natural person, but only while acting in the normal course of the named insured or subsidiary's business operations while under their d irect supervision; 6. with respect to Sections ILA, NETWORK AND INFORMATION SECURITY LIABILITY, and 11.13, REGULATORY DEFENSE AND PENALTIES, any person or entity you have agreed in a written contract or agreement to add as an additional insured to a policy providing the type of coverage afforded by this Policy, provided such contract or agreement is in effect or becomes effective during the policy period, and solely for such person's orentity's liability arising out of the named insured's or subsidiary's acts (hereafter an additional insured); CYUSP-50EN-000020-0623-02 Page 1 of 2 7. the estates, heirs, legal representatives, or assignees of any employee or senior executive in the event of their death, incapacity, insolvency, or bankruptcy but solely for the estates', heirs', legal representatives', or assignee's liability arising out of the acts committed by the employee or senior executive, in their capacity as such; and 8. the spouse, domestic partner, or civil partner of any employee or senior executive solely for such spouse's, domestic partner's, or civil partner's liability resulting from a claim againstthe employee orsenior executive, in their capacity as such; orthei r ownership or interest in property which the claimant seeks as recovery for a claim against the employee or senior executive, in their capacity as such. 2. SECTION III, EXCLUSIONS - WHAT IS NOT COVERED, Paragraph J. INSURED VERSUS INSURED, is deleted and replaced with the following: INSURED VERSUS INSURED I Any claim made by or on behalf of: an insured underthis Policy; however, this exclusion will not apply to an otherwise covered claim made by: a. an employee arising from a security failure or data breack or b. an additional insured; any business enterprise in which you have greaterthan a twenty percent (20%) ownership interest; or any parent company or other entity that owns more than twenty percent (20%) of an insured. All other terms and conditions of this Policy remain unchanged. This endorsement forms a part of the Policy to which attached, effective on the inception date of the Policy unless otherwise stated herein. CYUSP-50EN-000020-0623-02 Page 2 of 2 FORMS SCHEDULE Named Insured: FGP-02X HOLDING LLC Policy Number: 1070632 Effective 12:01 AM: September 19, 2024 (Form Number/ End't. No. Form Name Edition Date Declarations -Healthcare PL & GL 113391 (01/13) Healthcare GL-CM Coverage Part 113393 (01/13) Addendum to Declarations Signature Page 109395 (04./16) Healthcare PL & GL - Policy Provisions & Condition 113397 (08113) Healthcare PL-CM Coverage Part 113395 (01113) 1 Conditional Total Terrorism Exclusion 117398 (02/14) 2 Violation of Communication or Information Law Excl 123161 (08116) 3 HC PL & GL Primary LMA Access or Disclosure of Con 135785 (01/20) 4 Risk Management Services 141640 (06/21) 5 Defense Inside Limits Endorsement (Primary) 113915 (05/13) 6 Hired and Non -Owned Auto Liability Endorsement 115459 (06/13) 7 Overall PL and GL Aggregate Limit Endorsement 113781 (05/14) 8 Schedule of Named Insureds 113941 (06/15) 9 Independent Contractors as Insureds Endorsement MNSCPT (10/22) 10 Employee Benefits Liability Endorsement (for HGL) 113776 (03/13) 11 Sexual Misconduct Endorsement (CM GL) (Perp) 113954 (10/19) 12 Sexual Misconduct Endorsement (CM PL) (Perp) 113956 (10/19) 13 Additional Insured Endt-Lessors of Premises/Equip 113779 (03/13) 14 Sch Physicians and/or Other Healthcare Providers 113943 (05/13) 15 Ltd Advice of Cancellation to Scheduled Entities 115713 (07/13) 16 ADDITIONAL INSURED ENDORSEMENT MNSCPT (08/24) CIFMSC C10226 LEXING70N INSURANCE COMPANY ADMINISTRATIVE OFFICES: 99 High Street, Boston, Massachusetts 02110-2378 ® HEALTHCARE PROFESSIONAL LIABILITY - CLAIMS MADE ❑ HEALTHCARE PROFESSIONAL LIABILITY -OCCURRENCE ® HEALTHCARE GENERAL LIABILITY - CLAIMS MADE ❑ HEALTHCARE GENERAL LIABILITY -OCCURRENCE DECLARATIONS POLICY NUMBER: 1070632 RENEWAL OF POLICY NUMBER: 1070632 Item 1. FIRST NAMED INSURED: FGP-02X HOLDING LLC Item 2. ADDRESS: 1 MILL WHARF PLAZA- S12 SCITUATE, MA 02066-4532 Item 3. POLICY PERIOD: From: September 19, 2024 To: September 19, 2025 (12:01 a.m. Standard Time at the mailing address of the First Named Insured shown in Item 1. above,) Item 4. RETROACTIVE DATE(S), if applicable: (a) HEALTHCARE PROFESSIONAL LIABILITY: 09/19/2021 (b) HEALTHCARE GENERAL LIABILITY: 09/19/2018 Item 5. DESCRIPTION OF OPERATIONS: Human performance training and education Item 6. LIMITS OF INSURANCE: {a) HEALTHCARE PROFESSIONAL LIABILITY Aggregate Limit $3,000,000 Each Medical Incident $1,000,000 Deductible $10,000 Each medical incident Aggregate Deductible None (b) HEALTHCARE GENERAL LIABILITY Aggregate Limit $3,000,000 Each Occurrence Limit $11000,000 Products/Completed Operations Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Any one person or organization Fire Damage Limit $300,000 Each fire Deductible $10,000 Each occurrence Aggregate Deductible None Item 7. PREMIUM: This policy is insured by a company (a) Total Premium: $77 000 which is not admitted to transact (b) Minimum Earned Premium At Inception: $ 19,250 insurance in the commonwealth, is not Item B. FORMS AND ENDORSEMENTS: See attached Forms Schad usupervised by the commissioner of ��surance and, in the event of an Item 9. PRODUCER NAME AND ADDRESS: RSG SPECIALTY, LLC insolvency of such company, a loss shall 176 FEDERAL STREET not be paid by the Massachusetts .Insurers STE 800 Insolvency Fund under 175D. BOSTON, MA 02110 �`ununer chapter B y: Authorized Representative 113391 (01/13) Page 1 of 1 HC0752 0 All rights reserved. TEXAS WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY MANUAL WC 42 03 04 A 1st Reprint Effective January 1, 2000 TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization ( X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: 3. Premium The premium charge for this endorsement shall be percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. * 4. Advance Premium Notes: Policy Number: SLICWC110660601 Effective Cate: 04101/2025 Insured Name: 02X Human Performance Service Lloyds insurance Co. NAIC #43389 / A� " CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 07/28/2025 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 CONTACT Lynne Arruda NAME: y Alera Group, Inc. PAHCNr o (508) 995-4553 FAAic, (508) 995-4525 Ext : No): 500 Faunce Corner Road E-MAIL lynne.arruda@aleragroup.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # Building 100, Suite 120 INSURERA: Lexington/RTS Dartmouth MA 02747 INSURED INSURER B : Coalition Insurance Solutions, Inc. FGP-02X Holding LLC INSURER C : 1 Mill Wharf Plaza INSURER D : Unit S12 INSURER E : Scituate MA 02066 INSURER F : COVERAGES CERTIFICATE NUMBER: 24-2: 24-25 GL/PROF EXC 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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. INSR LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF MWDD/YYYY POLICY EXP MWDD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X CLAIMS -MADE OCCUR DAMAGE TO RE PREMISES Ea occurrence $ 300,000 X MED EXP (Any one person) $ 1,000,000 Professional Liability X Ded$10,000 PERSONAL &ADV INJURY $ 1,000,000 A Y Y 1070632 09/19/2024 01/01/2026 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 3,000,000 X POLICY ❑ PRO ❑ LOC JECT PRODUCTS-COMP/OPAGG $ 1,000,000 Healthcare GLAgg $ 3,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ ANYAUTO A OWNED SCHEDULED AUTOS ONLY AUTOS Y Y 1070632 09/19/2024 01/01/2026 BODI LY I NJ U RY (Pe r accide nt) $ X PROPERTY DAMAGE Per accident $ HIRED �/ NON -OWNED AUTOS ONLY X AUTOS ONLY UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 1,000,000 X AGGREGATE $ 1,000,000 A EXCESS LAB CLAIMS -MADE 6798924 09/19/2024 01/01/2026 DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ElN OFFICER/MEMBER EXCLUDED? /A E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ B Cyber Liability C-4LPL-107922-CYBER-2024 11/17/2024 01/01/2026 Limit $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Abuse & Molestation - Policy # 1070632 eff 09/19/2024 - Coverage Limit: $1,000,000 Each Perpetrator / $2,000,000 Aggregate Digitally ign by Tu Tr n City of Santa Ana, its City Council, its officers, officials, employees, agents and volunteers are Additional Insureds with respects to General Liability and Tu Tran Nguyen Automobile Liability, on a primary and non-contributory basis including waiver of subrogation, as required by written contract only, per attached policy form. Nguyen Dat en e Policy includes 30 Day Notice of Cancellation. g y 2o2s.o9. 7 Retro-active dates: Professional Liability 9/19/2021, General Liability 9/19/2018 08:24.46 071 Employee Benefits Liability - Policy # 1070632 eff 09/19/2024 - Coverage Limit: $1,000,000 / $3,000,000 APPROVED CERTIFICATE HOLDER CANCELLATION By Tu Tran Nguyen at 8:24 am, Sep 17, 2025 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Santa Ana Police Dept AUTHORIZED REPRESENTATIVE 60 Civic Center Plaza (M-18) Santa Ana CA 92701 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Additional Named Insureds Other Named Insureds CGLM, LLC dba 02X Human Performance 02X Human Performance, LLC Limited Liability Company, Insured Multiple Names 02X Intermediaries, LLC Limited Liability Company, Insured Multiple Names 02X, Inc C Corporation, Insured Multiple Names OFAPPINF (02/2007) COPYRIGHT 2007, AMS SERVICES INC FORMS SCHEDULE Named Insured: FGP-02X HOLDING LLC Policy Number: 1070632 Effective 12:01 AM: September 19, 2024 End't. No. Form Name Form Number/ Edition Date Declarations -Healthcare PL & GL 113391 Healthcare GL-CM Coverage Part 113393 Addendum to Declarations Signature Page 109395 Healthcare PL & GL - Policy Provisions & Condition 113397 Healthcare PL-CM Coverage Part 113395 1 Conditional Total Terrorism Exclusion 117398 2 Violation of Communication or Information Law Excl 123161 3 HC PL & GL Primary LMA Access or Disclosure of Con 135785 4 Risk Management Services 141640 5 Defense Inside Limits Endorsement (Primary) 113915 6 Hired and Non -Owned Auto Liability Endorsement 115459 7 Overall PL and GL Aggregate Limit Endorsement 113781 8 Schedule of Named Insureds 113941 9 Independent Contractors as Insureds Endorsement MNSCPT 10 Employee Benefits Liability Endorsement (for HGL) 113776 11 Sexual Misconduct Endorsement (CM GL) (Perp) 113954 12 Sexual Misconduct Endorsement (CM PL) (Perp) 113956 13 Additional Insured Endt-Lessors of Premises/Equip 113779 14 Sch Physicians and/or Other Healthcare Providers 113943 15 Ltd Advice of Cancellation to Scheduled Entities 115713 16 ADDITIONAL INSURED ENDORSEMENT MNSCPT (01 /13) (01 /13) (04/16) (08/13) (01 /13) (02/14) (08/16) (01/20) (06/21) (05/13) (06/13) (05/14) (06/15) (10/22) (03/13) (10/19) (10/19) (03/13) (05/13) (07/13) (08/24) CIFMSC C10226 LEXINGTON INSURANCE COMPANY ADMINISTRATIVE OFFICES: 99 High Street, Boston, Massachusetts 02110-2378 ❑X HEALTHCARE PROFESSIONAL LIABILITY - CLAIMS MADE ❑ HEALTHCARE PROFESSIONAL LIABILITY - OCCURRENCE ® HEALTHCARE GENERAL LIABILITY - CLAIMS MADE ❑ HEALTHCARE GENERAL LIABILITY - OCCURRENCE DECLARATIONS POLICY NUMBER: 1070632 RENEWAL OF POLICY NUMBER: 1070632 Item 1. FIRST NAMED INSURED: FGP-02X HOLDING LLC Item 2. ADDRESS: 1 MILL WHARF PLAZA - S12 SCITUATE, MA 02066-4532 Item 3. POLICY PERIOD: From:September 19, 2024 To: September 19, 2025 (12:01 a.m. Standard Time at the mailing address of the First Named Insured shown in Item 1. above.) Item 4. RETROACTIVE DATE(S), if applicable: (a) HEALTHCARE PROFESSIONAL LIABILITY: 09/19/2021 (b) HEALTHCARE GENERAL LIABILITY: 09/19/2018 Item 5. DESCRIPTION OF OPERATIONS: Human performance training and education Item 6. LIMITS OF INSURANCE: (a) HEALTHCARE PROFESSIONAL LIABILITY Aggregate Limit $3,000,000 Each Medical Incident $1,000,000 Deductible $10,000 Each medical incident Aggregate Deductible None (b) HEALTHCARE GENERAL LIABILITY Aggregate Limit $3,000,000 Each Occurrence Limit $1,000,000 Products/Completed Operations Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Any one person or organization Fire Damage Limit $300,000 Each fire Deductible $10,000 Each occurrence Aggregate Deductible None Item 7. PREMIUM: This policy is insured by a company (a) Total Premium: $77,000 which is not admitted to transact (b) Minimum Earned Premium At Inception: $ 19,250 insurance in the commonwealth, is not supervised by the commissioner of Item 8. FORMS AND ENDORSEMENTS: See attached Forms Scheduinsurance and, in the event of an Item 9. PRODUCER NAME AND ADDRESS: RSG SPECIALTY, LLC insolvency of such company, a loss shall 175 FEDERAL STREET not be paid by the Massachusetts Insurers STE 800 Insolvency Fund under chapter 175D. BOSTON, MA 02110 By: Authorized Representative 113391 (01/13) Page 1 of 1 HC0752 0 All rights reserved. ENDORSEMENT NO.34 This endorsement, effective 12:01 AM: December 6, 2024 Forms a part of policy no.: 1070632 Issued to: FGP-O2X HOLDING LLC By: LEXINGTON INSURANCE COMPANY ADDITIONAL INSURED ENDORSEMENT (GENERAL LIABILITY) (INCLUDES WAIVER OF SUBROGATION) This endorsement modifies insurance under the following: MISCELLANEOUS HEALTHCARE FACILITIES GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured: Where required by written contract The following is added to Section II. WHO IS AN INSURED of the MISCELLANEOUS HEALTHCARE FACILITIES GENERAL LIABILITY COVERAGE PART: The person or organization shown in the Schedule above is included as an additional Insured if you are obligated by virtue of a written contract to provide insurance to such person or organization of the type afforded by this Policy, but only with respect to liability arising out of operations conducted by you or on your behalf. Notwithstanding any provision in the written contract between you and the person or organization shown in the Schedule above to the contrary, the person or organization shown in the Schedule above shall not be construed as a person or organization acting on your behalf and there shall be no coverage with respect to liability for injury or damages arising out of any act or omission of such person or organization. In the event that the Limits of Insurance provided by this Policy exceed the Limits of Insurance required by the written contract, the insurance provided by this endorsement shall be limited to the Limits of Insurance (inclusive of any applicable deductible or self insured retention) required by the written contract. The Limits of Insurance (inclusive of any applicable deductible or self insured retention) provided by this Policy shall not be increased for any reason, including any failure, refusal or inability of any self insurance/ Insured to pay any amounts due thereunder. This endorsement shall not increase the Limits of Insurance shown in the Declarations pertaining to the coverage provided herein. 141662 (07/21) ENDORSEMENT NO. 34 (Continued) Any coverage provided by this endorsement to an additional Insured shown in the Schedule above shall be excess over any other valid and collectible insurance or self insured retention available to the additional Insured whether primary, excess, contingent or on any other basis, unless the written contract with the additional Insured specifically requires that this insurance be primary and non-contributory with any other insurance carried by the additional Insured. In such case, this insurance shall be primary and non-contributory with any other insurance carried by the additional Insured. In the event of payment under the Policy, we waive our right of subrogation against any person or organization shown in the Schedule above where the Named Insured has waived liability of such person or organization as part of a written contractual agreement between the Named Insured and such person or organization, which was executed prior to the effective date of this endorsement and prior to the occurrence or offense. In accordance with the terms and conditions of the Policy, as soon as practicable, each additional Insured must give us prompt notice of any occurrence or offense which may result in a claim, forward all legal papers to us, cooperate in the defense of any actions, and otherwise comply with all of the Policy's terms and conditions. Failure to comply with this provision may, at our option, result in the claim or suit being denied. All other terms and conditions of the policy remain the same. 141662 (07/21) Authorized Representative or countersignature (where required by law) ENDORSEMENT NO.35 This endorsement, effective 12:01 AM: December 6, 2024 Forms a part of policy no.: 1070632 Issued to: FGP-02X HOLDING LLC By: LEXINGTON INSURANCE COMPANY LIMITED ADVICE OF CANCELLATION TO SCHEDULED ENTITIES ENDORSEMENT This endorsement modifies insurance provided by the Policy: SCHEDULE Name of Person or Organization State of Vermont City of Hemet, its officers and employees E-Mail or U.S. Postal Service Address 45 State Drive. Waterbury, VT 05671 445 East Florida Ave, Hemet, CA 92543-4209 City & County of San Francisco -Office of 1 Dr. Carlton B. Goodlett Place, San Contract Administration, Attn: Purchasing Francisco, CA 94102-4685 Division City Hall, Room 430 City of Huntington Beach, Attn: Police Chief, Sobrante Properties, L & Pacific Commercial Real Estate c/o Pacific Coast Commercial Real Estate Baltimore County Maryland 2000 Main St, Huntington Beach, CA 92648 41 Corporate Park Suite 230 Irvine, CA 92606 400 Washington Ave, Towson, MD 21024 115713 (07/13) ENDORSEMENT NO. 35 (Continued) This endorsement modifies insurance provided by the Policy: In the event that we cancel this Policy for any reason other than non-payment of premium, and 1 . The cancellation effective date is prior to this Policy's expiration date; 2. The First Named Insured is under an existing contractual obligation to notify a certificate holder(s) when this Policy is canceled (hereinafter, the certificate holder(s)) and has provided us, either directly or through the broker of record, either: The name of the entity shown on the certificate, a contact name at such entity and the U.S. Postal Service mailing address of each such entity; or b. the email address of a contact at each such entity; and 3. prior to the effective date of cancellation, the First Named Insured confirms to us, either directly or through its broker of record, that the persons or organizations set forth in the Schedule above, as well as their respective addresses listed, should continue to be a part of the Schedule and, if not, the names of the persons or organizations that should be deleted, we will provide advice of cancellation (hereinafter, the advice) to each such certificate holder confirmed by the First Named Insured in writing to be correctly a part of the Schedule within 30 days after the First Named Insured confirms the accuracy of the Schedule above with us; provided, however, that if a specific number of days is not stated above, then the advice will be provided to such certificate holder(s) as soon as reasonably practicable after the First Named Insured confirms the accuracy of the Schedule above with us. Proof of us emailing the advice, using the information provided and subsequently confirmed by the First Named Insured in writing, will serve as proof that we have fully satisfied our obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this Policy or the cancellation of this Policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this Policy. All other terms and conditions of the policy remain the same. kM L%..�a at 115713 (07/13) Authorized Representative or countersignature (where required by law) 14 Coalition° 1 FILING POLICY NO.: C-4LPL-107922-CYBER-2024 ENDT NO.: 21 AMENDED DEFINITION OF INSURED - INCLUDING INDEPENDENT CONTRACTORSAND ADDITIONAL INSUREDS Form Number CYUSP-50EN-000020-0623-02 Effective Date of Endorsement November 17, 2024 Named Insured FGP-02X Holding LLC Filing Policy Number C-4LPL-107922-CYBER-2024 Arch Specialty Insurance Company, Issued by Allianz Underwriters Insurance Company, Ascot Specialty Insurance Company, (Name of Insurance Company) Aspen Specialty Insurance Company, Fortegra Specialty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY This endorsement modifies insurance provided underthe following: COALITION CYBER POLICY In consideration of the premium charged for this Policy, it is hereby understood and agreed that: 1. The definition of "Insured, you, or your" under SECTION IX, DEFINITIONS is deleted and replaced with the following: Insured, you, oryour means: 1. the named insured; 2. a subsidiary; 3. senior executives; 4. employees; 5. an independent contractor, who is a natural person, but only while acting in the normal course of the named insured or subsidiary's business operations while under their direct supervision; 6. with respect to Sections II.A, NETWORKAND INFORMATION SECURITY LIABILITY, and II.B, REGULATORY DEFENSE AND PENALTIES, any person or entity you have agreed in a written contract or agreement to add as an additional insured to a policy providing the type of coverage afforded by this Policy, provided such contract or agreement is in effect or becomes effective during the policy period, and solely for such person's or entity's lability arising out of the named insured's or subsidiary's acts (hereafter an additional insured); CYUSP-50EN-000020-0623-02 Pagel oft Coalitioner 7. the estates, heirs, legal representatives, or assignees of any employee or senior executive in the event of their death, incapacity, insolvency, or bankruptcy but solely for the estates', heirs', legal representatives', or assignee's liability arising out of the acts committed by the employee or senior executive, in their capacity as such; and 8. the spouse, domestic partner, or civil partner of any employee or senior executive solely for such spouse's, domestic partner's, or civil. partner's Liability resulting from a claim against the employee orsenior executive, in their capacity as such; or their ownership or interest in property which the claimant seeks as recovery for a claim against the employee or senior executive, in their capacity as such. 2. SECTION III, EXCLUSIONS - WHAT IS NOT COVERED, Paragraph J. INSURED VERSUS INSURED, is deleted and replaced with the following: INSURED VERSUS INSURED I Any claim made by or on behalf of: L an insured under this Policy; however, this exclusion will not apply to an otherwise covered claim made by: a. an employee arising from a security failure or data breach; or b. an additional insured; 2. any business enterprise in which you have greaterthan a twenty percent (2011/o) ownership interest; or 3. any parent company or other entity that owns more than twenty percent (2011/o) of an insured. All other terms and conditions of this Policy remain unchanged. This endorsement forms a part of the Policy to which attached, effective on the inception date of the Policy unless otherwise stated herein. CYUSP-50EN-000020-0623-02 Page 2 of 2 / A� " CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 12/31 /2025 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 CONTACT Lynne Arruda NAME: y Alera Group, Inc. AICNNo Ext : (508) 995-4553 (A/� No): (508) 995-4525 500 Faunce Corner Road E-MAIL lynne.arruda@aleragroup.corn ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # Building 100, Suite 120 INSURER A: Lexington/RTS Dartmouth MA 02747 INSURED INSURER B : Coalition Insurance Solutions, Inc. FGP-02X Holding LLC INSURER C : 1 Mill Wharf Plaza INSURER D : Unit S12 INSURER E : Scituate MA 02066 INSURER F : COVERAGES CERTIFICATE NUMBER: 26-27 GL BAP LIMB CYB 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. INSR LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF MM/DD POLICY EXP MMIDD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X CLAIMS -MADE ❑ OCCUR DAMAGE TTED PREMISESOEa occurrence) $ 300,000 X MED EXP (Any one person) $ 1,000,000 Professional Liability X Ded$10,000 PERSONAL & ADV INJURY $ 1,000,000 A Y Y 1070632 01/01/2026 01/01/2027 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000 X POLICY ❑ JECTPRO ❑ LOC PRODUCTS - COMP/OP AGG $ 1,000,000 OTHER: Healthcare GL Agg $ 3,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ ANY AUTO A OWNED SCHEDULED AUTOS ONLY AUTOS Y Y 1070632 01/01/2026 01/01/2027 BODILY INJURY (Per accident) $ X HIRED �/ NON -OWNED AUTOS ONLY X AUTOS ONLY PROPERTY DAMAGE Per accident $ UMBRELLALIAB OCCUR EACH OCCURRENCE $ 1,000,000 A [X![EXEICESS LIAB CLAIMS -MADE 6798924 01/01/2026 01/01/2027 AGGREGATE $1,000,000 D RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE ER E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ N / A E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ B Cyber Liability C-41-PL-107922-CYBER-2024 01/01/2026 01/01/2027 Limit $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Iu ran by To Tran Nguyen Abuse & Molestation - Policy # 1070632 eff 09/19/2024 - Coverage Limit: $1,000,000 Each Perpetrator / $2,000,000 Aggregate N U Date: 2026. erg City of Santa Ana, its City Council, its officers, officials, employees, agents and volunteers are Additional Insureds with respects to General Liability and g Y 15:55:25 -0 Automobile Liability, on a primary and non-contributory basis including waiver of subrogation, as required by written contract only, per attached policy form. Policy includes 30 Day Notice of Cancellation. Retro-active dates: Professional Liability 9/19/2021, General Liability 9/19/2018 Employee Benefits Liability - Policy # 1070632 eff 09/19/2024 - Coverage Limit: $1,000,000 / $3,000,000 APPROVED CERTIFICATE HOLDER City of Santa Ana Attn: Santa Ana Police Dept 60 Civic Center Plaza (M-18) Santa Ana CA 92701 CANCELLATION ed By Tu Tran Nguyen at 3:55 pm, Jan 12, 2026 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) @ 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Additional Named Insureds Other Named Insureds CGLd, LLC dba 02X Human Performance 02X Human Performance, LLC Limited Liability Company, Insured Multiple Names 02X Intermediaries, LLC Limited Liability Company, Insured Multiple Names 02X, Inc C Corporation, Insured Multiple Names OFAPPINF (02/2007) COPYRIGHT 2007, AMS SERVICES INC ENDORSEMENT NO.34 This endorsement, effective 12:01 AM: December 6, 2024 Forms a part of policy no.: 1070632 Issued to: FGP-O2X HOLDING LLC By: LEXINGTON INSURANCE COMPANY ADDITIONAL INSURED ENDORSEMENT (GENERAL LIABILITY) (INCLUDES WAIVER OF SUBROGATION) This endorsement modifies insurance under the following: MISCELLANEOUS HEALTHCARE FACILITIES GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured: Where required by written contract The following is added to Section II. WHO IS AN INSURED of the MISCELLANEOUS HEALTHCARE FACILITIES GENERAL LIABILITY COVERAGE PART: The person or organization shown in the Schedule above is included as an additional Insured if you are obligated by virtue of a written contract to provide insurance to such person or organization of the type afforded by this Policy, but only with respect to liability arising out of operations conducted by you or on your behalf. Notwithstanding any provision in the written contract between you and the person or organization shown in the Schedule above to the contrary, the person or organization shown in the Schedule above shall not be construed as a person or organization acting on your behalf and there shall be no coverage with respect to liability for injury or damages arising out of any act or omission of such person or organization. In the event that the Limits of Insurance provided by this Policy exceed the Limits of Insurance required by the written contract, the insurance provided by this endorsement shall be limited to the Limits of Insurance (inclusive of any applicable deductible or self insured retention) required by the written contract. The Limits of Insurance (inclusive of any applicable deductible or self insured retention) provided by this Policy shall not be increased for any reason, including any failure, refusal or inability of any self insurance/ Insured to pay any amounts due thereunder. This endorsement shall not increase the Limits of Insurance shown in the Declarations pertaining to the coverage provided herein. 141662 (07/21) ENDORSEMENT NO. 34 (Continued) Any coverage provided by this endorsement to an additional Insured shown in the Schedule above shall be excess over any other valid and collectible insurance or self insured retention available to the additional Insured whether primary, excess, contingent or on any other basis, unless the written contract with the additional Insured specifically requires that this insurance be primary and non-contributory with any other insurance carried by the additional Insured. In such case, this insurance shall be primary and non-contributory with any other insurance carried by the additional Insured. In the event of payment under the Policy, we waive our right of subrogation against any person or organization shown in the Schedule above where the Named Insured has waived liability of such person or organization as part of a written contractual agreement between the Named Insured and such person or organization, which was executed prior to the effective date of this endorsement and prior to the occurrence or offense. In accordance with the terms and conditions of the Policy, as soon as practicable, each additional Insured must give us prompt notice of any occurrence or offense which may result in a claim, forward all legal papers to us, cooperate in the defense of any actions, and otherwise comply with all of the Policy's terms and conditions. Failure to comply with this provision may, at our option, result in the claim or suit being denied. All other terms and conditions of the policy remain the same. k1fim 40as::��44,&4.' 141662 (07/21) Authorized Representative or countersignature (where required by law) Section II. Definitions Additional Insured Means any person or entity that the Insured Organization has agreed to add as an additional insured under this Policy through a written contract or agreement, but only if the contract or agreement was executed before the date the Insured Organization first committed the alleged acts, errors, or omissions. Adverse Publication Means any report or communication to the public through any media format (including television, print media, radio, internet, and social media) by a third party of information previously unavailable to the public, specifically concerning a security failure, systems failure, data breach, cyber extortion, or privacy liability. Multiple adverse publications relating to the same security failure, systems failure, data breach, cyber extortion, or privacy liability shall be considered a single adverse publication and will be deemed to have occurred on the date of the first such adverse publication. Al Security Event Means the failure of security of the applicable computer systems, IT Provider computer systems, or Non -IT Provider computer systems, caused by any malicious use of artificial intelligence technology, including through the use of machine learning or prompt injection exploits. Application Means all applications, including any attachments thereto and supplemental information, submitted to us by or on behalf of the Named Insured in connection with the underwriting of this Policy. Betterment Allowance Means the costs to: 1. upgrade or enhance covered computer software that is damaged, destroyed, lost, altered, or corrupted, with more secure software; and 2. replace computers or any associated equipment or devices with a more secure functionally equivalent item(s). Provided, however, that the betterment allowance cannot exceed an additional 25% of the cost that would have been incurred to restore or replace the covered digital assets, computers, or associated equipment or devices to the level or condition which existed prior to the security failure. Breach Notice Law Means any statute or regulation that requires: 1. notice to individuals whose personally identifiable information was, or reasonably likely to have been accessed or acquired by an unauthorized person; or 2. notice to regulatory agencies of such an incident. Breach Response Costs Means the following reasonable and necessary costs, fees, and expenses you incur with our prior written consent in response to an actual or suspected security failure or data breach: 1. for a computer forensic professional to determine the existence, cause, and extent of a security failure or data breach; 2. for an attorney to advise you on your investigation of a security failure or data breach and to determine whether you are legally obligated under a breach notice law to notify individuals or applicable regulatory agencies of such security failure or data breach; 3. for an attorney to advise you in complying with Payment Card Industry ("PCI") operating regulation requirements for responding to a data breach compromising payment card data, and CYUSP-50PF-0125-01 Page 4 of 28