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HomeMy WebLinkAboutUTILITY RESPONSE TRAINING ASSOCIATES, LLC rNSURANU ON FILE WORK WY PPOCEE D A-2026-002 UPI,.Ir;SLJr�---,NCtt}EXPi CITY CLFRK DAH !AN P p W AGREEMENT WITH UTILITY RESPONSE TRAINING ASSOCIATES LLC TO Gomfticlra PROVIDE TRAINING SERVICES FOR THE URBAN AREA SECURITY INITIATIVE •Mmij 07) (UASI) GRANT PROGRAM FY 2024-28 THIS AGREEMENT is made and entered into on this 20TH day of January, 2026 by and between Utility Response Training Associates,LLC,a California limited liability company,("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On September 18, 2025, the City issued Request for Proposal No. 25-118A ("RFP") seeking a contractor to provide G-626: EOC Action Planning Training courses of instruction for the Urban Area Security Initiative (UASI) grant program for fiscal years 2024-2028. B. Contractor submitted a responsive proposal to the RFP and represents that it is able and willing to provide such services to the City, pursuant to the Scope of Work detailed in the RFP and attached hereto as Exhibit A to this Agreement. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Contractor's Proposal attached hereto as Exhibit B. The total amount to be expended during the initial term of this Agreement shall not exceed $99,500. b. Contractor agrees and understands that funding for this Agreement is contingent upon awarding of grant funding to the City. Should such funds not be awarded to the City, City may opt to terminate this Agreement pursuant to Section 17, below. c. Payment by City shall be made within forty-five(45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House(ACH)transfers. Contractor agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and continue through January 19, 2029, with the option for the City to grant up to a two (2) one (1) year extensions, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 17, below. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on"public works" and"maintenance"projects. If the services being performed are part of an applicable "public works" or"maintenance"project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however,the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes,which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Insurance requirements attached hereto as Exhibit C. S. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees,contractors,special counsel,and representatives from liability: (1)for personal injury,damages,just compensation,restitution,judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) 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 Contractor further agrees to indemnify,hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution,judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding.Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8,the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent,trademark,or copyright infringement,including costs,contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three(3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents,proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information"shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that(a)has been disclosed in publicly available sources; (b)is,through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or(e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CERTIFICATIONS The funds used to pay for this Agreement will be partly comprised of federal grant funds. Contractor agrees and understands that it will comply with the terms of the Certifications, noted as Attachments A-H from the RFP, and attached hereto together as Exhibit D, and incorporated by reference into this Agreement. Contractor shall keep itself informed of all City, State and Federal laws and regulations which may, in any manner, affect the performance of it services pursuant to this Agreement. Contractor shall at all times, observe and comply with all such laws and regulations. City and its officers and employees shall not be liable at law or in equity by reason of the failure of the Contractor to comply with this paragraph. 13. CONFLICT OF INTEREST CLAUSE a. The recipient or subrecipient must maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award, and administration of contracts.No employee, officer, agent, or board member with a real or apparent conflict of interest may participate in the selection, award, or administration of a contract supported by the Federal award. A conflict of interest includes when the employee, officer, agent, or board member, any member of their immediate family, their partner, or an organization that employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from an entity considered for a contract. An employee, officer, agent, and board member of the recipient or subrecipient may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors. However, the recipient or subrecipient may set standards for situations where the financial 'interest is not substantial or a gift is an unsolicited item of nominal value. The recipient's or subrecipient's standards of conduct must also provide for disciplinary actions to be applied for violations by its employees, officers, agents, or board members. b. If the recipient or subrecipient has a parent, affiliate, or subsidiary organization that is not a State, local government, or Indian Tribe, the recipient or subrecipient must also maintain written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest mean that because of relationships with a parent company, affiliate, or subsidiary organization,the recipient or subrecipient is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization. c. Contractor 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. d. 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 Contractor or have any other direct or indirect financial benefit or interest in this Agreement. e. 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 CaIPERS retiree as authorized by City Council resolution f. The Contractor 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 Contractor warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Contractor hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must 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. g. Contractor 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 direct or indirect financial benefit or interest to any individual, as defined in subsections (d)and(e) above. 14. NON-DISCRIMINATION Contractor shall not discriminate because of race, color,creed,religion,sex,marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information., or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto,the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to,the terms and conditions hereof, shall not bind or obligate Contractor or the City, Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 16. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 17. TERMINATION This Agreement may be terminated by the City upon thirty (34) days written notice of termination. In such event,Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy.No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar,nor shall any waiver constitute a continuing waiver unless the writing so specifies. 19. JURISDICTION—VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. FEDERAL REGULATIONS a. Utility Response Training Associates, LLC shall comply with all applicable contractual provisions required by the United States Office of Management and Budget(OMB), as set for the in 2 CRF Part 200, whether or not expressly set forth in this document, including but not limited to those provisions set forth below. Notwithstanding, anything to the contrary herein, including without limitation, the language in this Agreement, the actual language contained in federal statutes, federal regulations, federally promulgated materials and state statutes, shall control in determining any obligations under federal law in the event of a conflict with any terms, language or provisions contained in this Agreement. Utility Response Training Associates, LLC shall not perform any act, fail to perform any act, or refuse to comply with any requests,which would cause City to be in violation of the federal terms and conditions. b. Utility Response Training Associates, LLC shall comply with all Federal Regulations attached hereto as Exhibit E and incorporated by reference to this Agreement. 22. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided,in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza(M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 With courtesy copies to: Chief of Police Santa Ana Police Department 60 Civic Center Dr. Santa Ana, California 92702 To Contractor: Utility Response Training Associates, LLC P.O. Box 101 Oak View CA 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. 23. NHSCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF,the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF NTA ANA A NNIFER ALL - A VARO NUNEZ City Clerk City Manager APPROVED AS TO FORM: CONTRACTOR: SONIA R. CARVALHO City Attorney r By: / b2K TAMARA BOGOSIAN By: Senior Assistant City Attorney Title: Managing Partner RECOMMENDED FOR APPROVA L. '�L Robert Rodriguez Chief of Police EXHIBIT A Scope of Work CITY OF SANTA ANA EXHIBIT A SCOPE OF SERVICES I. PURPOSE OF THIS RFP The City currently maintains a pool of qualified Contractors previously established as a result of a Request for Qualifications. Contractors provide these services on an on-call basis. ASAUA issues individual Purchase Orders for catalogued training courses and exercises on an as-needed basis. Purchase Orders are issued based on Contractor qualifications and cost. The purpose of this RFP is to identify qualified Contractors capable of delivering homeland security related training courses taught by subject matter experts and/or recognized professionals in the fields listed below and of developing and delivering a broad range of homeland security related exercises ranging from simple workshops to complex multi- discipline, and multi-agency full scale. As a result of this RFP, the ASAUA intends to award agreement(s) to one or more qualified Contractors per categorylfield. The proposed training courses and exercises must address the unique needs of a high- density, high-threat urban area and shall assist in building enhanced and sustainable capabilities to prevent, protect against, mitigate, respond to, and recover from acts of terrorism. All training course and exercise subject matter must satisfy the Department of Homeland Security terrorism nexus prerequisite. The ASAUA allocates a set percentage of its annual United States Department of Homeland Security's Urban Areas Security Initiative (UASI) grant allocations to fund training and exercises. Once agreements have been executed for successful Proposers, the ASAUA stakeholders will review agency goals and identify training courses they desire to have delivered within the specified grant performance period. The ASAUA Training & Exercise Program Manager will work with the selected training providers to develop a course delivery schedule. ASAUA stakeholders will determine what types of seminars, workshops, drills, or exercises they desire during the specified grant performance period. There is no requirement that proposers submit responses that address both training courses and exercises. The proposer may submit responses that address only providing training courses, only providing exercises, or providing both training courses and exercises. The City is seeking Statements of Qualifications (SOQs) and Proposals from qualified firms to provide training courses and/or exercises at various locations within the ASAUA on an on- call basis in support of the following categories: 1. G-626: EOC Action Planning Training Courses II. PROJECT BACKGROUND Training courses and exercises requested through the ASAUA Homeland Security Regional Training and Exercise Program will be paid in part or in full with funding from the United States Department of Homeland Security's Urban Areas Security Initiative (UASI) grant. Funding from this grant is applied to homeland security related training„ exercises, equipment, and projects in the ASAUA. CITY OF SANTA ANA The ASAUA is comprised of the County of Orange, 34 incorporated cities, and two universities with a population of over 3 million people. The ASAUA has approximately 12,000 public safety emergency responders from the fire service, law enforcement, and public health. UASI grant management support is provided by the two largest cities in the ASAUA, Santa Ana and Anaheim. These two cities alternate fiscal responsibility and administration of the UASI grant. The City of Santa Ana, through the Santa Ana Police Department, administers the ASAUA Homeland Security Regional Training and Exercise Program. III. TRAINING COURSE(S) a. ASAUA requires training courses in the following specific disciplines: i. Training Request for: G-626: EOC Action Planning IV. MINIMUM REQUIREMENTS A. Availability to conduct up to a total of ten (10) deliveries of the training by the end of the term of the contract. B. The first training is estimated to be conducted by March 31, 2026 C. Course Name: G-626: EOC Action Planning D. Course Description: This course will introduce students to the considerations involved in the management and operation of an Emergency Operations Center (EOC). i. Number of Deliveries Being Requested: Up to 10 ii. Number of Students per Delivery: Minimum of 16 students E. Responsibilities of the City of Santa Ana and the Anaheim/Santa Ana Urban Area: i. -Classroom with space to arrange students in groups ii. -Audio/Visual Equipment iii. -Multiple easels, dry erase board, and markers F. Responsibilities of the Training Provider: 1. -Laptop ii. -Presentation &training aids. iii. -Professional instruction G. Notice to Respondents: i. All responses to this solicitation shall become property of the City of Santa Ana, and responses will become public record after issuance of Purchase Order. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. ii. Contractor shall conduct training courses at various locations/venues within the ASAUA. iii. Contractor shall prepare course flyers, register attendees, record attendance by signed roster, provide certificates of completions, and verify course completion by the participants. iv. Contractor shall prepare and present specified training courses. Course material shall be available at the time the training is provided for each of the training courses the proposer has outlined in their proposal. v. All training courses presented must meet state and federal guidelines and be approved by Cal OES and DHS for reimbursement under the Homeland CITY OF SANTA ANA Security Grant Program prior to delivery. Refer to the Cal OES website at: http://www.caloes.ca.gov/cal-oes-divisions/california-specialized-training- institute and the DHS website at: https://www.fema.gov/training for further information regarding state and federal guidelines for Department of Homeland Security grants. If any portion of the training course occurs outside of the classroom, an Environmental & Historic Preservation (EHP) approval must be obtained from FEMA/Cal OES prior to delivery of the course. The EHP approval is location specific and if an EHP approval is required, one must be obtained for each location where the course is delivered. It shall be the responsibility of the Proposer to complete all of the forms and documentation necessary to obtain the required approvals. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist the Proposer with the submission of the requests for approval. The City shall not be billed for any costs associated with obtaining these approvals. vi. Contractor shall provide all required training material, handouts, course syllabus and/or written curriculum. vii. Contractor shall collect written survey comments/course evaluations from participants at the conclusion of every course offered. Survey/course evaluations will be conducted in a manner specified by the City. A standardized course survey form will be provided to the successful proposers. A record of responses shall be maintained throughout the term of the agreement by Contractor, and organized by training course, date, instructor, etc. Frequently mentioned comments shall be reported to City Project Manager. Electronic reporting shall be made available to the City upon request. viii. City reserves the right to cancel training courses with fourteen (14) calendar days' notice of delivery date. City shall not be charged for the class, travel costs, or training materials by Contractor if cancellation occurs within this period. ix. Contractor shall provide and assign high quality instructors on a consistent basis to deliver the specified courses. x. All instructors shall use the methods suggested by the training protocols established, such as maintaining and updating each training syllabus; introducing and following objectives for each class; completing training as described; and utilizing training aids such as audio/visual systems. xi. Contractor and all its instructors shall provide immediate feedback to the City via the ASAUA Homeland Security Regional Training and Exercise Program Manger regarding all customer requests for new or additional services or to file complaints. xii. Contractor will be paid for services rendered. Training days are generally eight (8) hours long (e.g. 8AM-5PM), including a one (1) hour lunch break. Schedule should include regular breaks on a 50/10 break ratio—for every fifty (50) minutes of instruction, there should be a ten (10) minute break. Half days are defined as four (4) hours or less of curriculum. CITY OF SANTA ANA xiii. Training venues may be provided by the City or by hosting agencies based on the needs of the course, Contractor must be able to secure training sites at any of the jurisdictions within the ASAUA. xiv. All Contractor-developed courses must be approved by California Office of Emergency Services (Cal OES) for reimbursement under the Homeland Security Grant Program prior to delivery. It is the responsibility of the Contractor to prepare all forms and documentation necessary to obtain all course approvals at its cost. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist Contractor with the submission of the requests for approval. The City shall not be billed for any costs associated with obtaining these approvals. xv. The anticipated start date of this agreement is Spring of 2026. Usage under this agreement will begin at this time. xvi. Depending on the training or exercise, Contractor's instructors and courses may be required to be California Peace Officer Standards & Training (POST) certified or California State Fire Marshal approved. It shall be the responsibility of the Contractor to obtain all POST certifications and California State Fire Marshal course approvals at its cost. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist Contractor with the submission of the requests for certifications and approval. The City shall not be billed for any costs associated with obtaining these certifications and approvals. xvii. A list of"approved" courses is available from Cal OES at www.caloes.ca.gov and a list of Federal Emergency Management Agency (FEMA) approved classes is available at www.fema.gov/trainin-q xviii. Contractors are responsible for providing all course materials and delivering it to the site(s) of all training at their cost. xix. Contractor must work with the ASAUA Homeland Security Regional Training and Exercise Program Manager and requesting agencies to coordinate the training calendar and venue. xx. When required, Contractor must obtain the applicable certifications for developed courses before training begins. The need for certification will be determined by the ASAUA Training & Exercise Program Manager. It shall be the responsibility of the Contractor to complete all forms and documentation necessary to obtain the required certifications at its cost. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist the Proposer with the submission of the requests for certification. The City shall not be billed for any costs associated with obtaining these certifications. xxi. Contractor will be required to obtain Emergency Medical Association (EMA) or Emergency Management Institute(EMI) certification on developed courses at its cost if the course content contains materials that require state and/or federal certification. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist the Contractor with the submission of w1 CITY OF SANTA ANA the requests for certification. The City shall not be billed for any costs associated with obtaining these certifications. xxii. Contractor may not charge the City for materials brought to the class that are not utilized. xxiii. Proposers may be selected to provide training based on their expertise within a specific discipline. 1. G-626: EOC Action Planning xxiv. Contractors shall ensure that training participants are members of agencies or organizations located or operating within the ASAUA, or have been approved by the ASAUA Training & Exercise Program Manager or his designee. xxv. Contractor shall ensure that, when required, an Environmental Historic Preservation (EHP) approval has been issued to the ASAUA before delivery of the training course. It shall be the responsibility of the Proposer to complete all forms and documentation necessary to obtain the required EHP approvals at its cost. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist Contractor with the submission of the requests for approval. The City shall not be billed for any costs associated with obtaining these approvals. V. DELIVERABLES I REPORTS FOR TRAINING COURSES A. Course Surveys 1 Evaluations 1. Course surveys/evaluations results will be tabulated and scored by Contractor. Summary of the results will be provided to the ASAUA Training & Exercise Program Manager. 2. Completed course survey/evaluation forms will be provided to the ASAUA Training & Exercise Program Manager within 30 days of delivery of the training course. B. Contractor must provide course flyers for all training courses to be delivered at its cost. C. Contractor must provide to the ASAUA Training & Exercise Program Manager all rosters and sign- in sheets upon completion of the training course for all training courses delivered. Contractor shall maintain a record of all original and electronic copies of all sign-in sheets. D. Contractor shall provide certificates of completion to all students that successfully complete a training course at the conclusion of the training course and provide copies of the certificates to the ASAUA Training & Exercise Program Manager within 30 days of delivery of the training course. Contractor shall maintain a record of all certificates provided students. VI. QUANTITIES FOR TRAINING COURSES Quantities listed herein are estimates and are not to be construed as a commitment. No minimum or maximum is guaranteed or implied. (9) CITY OF SANTA ANA VII. PRICING FOR TRAINING COURSES A. Unless otherwise stated, Proposer agrees that, in the event of a price decline, the benefit of such lower price shall be extended to the City. B. All prices are to be F.O.B. destination. Any freight/delivery charges are to be included. C. All prices quoted shall be in United States dollars and "whole cent," no cent fractions shall be used. There are no exceptions. D. Pricing shall include any and all payment incentives available to the City, E. Proposers are advised that in the evaluation of costs, if applicable, it will be assumed the unit price quoted is correct in the case of a discrepancy between the unit price and an extension. F. Federal and State minimum wage laws apply. The City has no requirements for living wages. The City is not imposing any additional requirements regarding wages. Vill. AWARD FOR TRAINING COURSES A. City reserves the right to reject any or all responses that materially differ from any terms contained in this RFP, from any Exhibits attached hereto, or from any subsequent addenda; to waive informalities and minor irregularities in responses received; and to provide an opportunity for Proposers to correct minor and immaterial errors contained in their submissions. The decision as to what constitutes a minor irregularity shall be made solely at the discretion of the City. B. The City reserves the right to award an agreement to a single Proposer or multiple Proposers. C. The City has the right to decline to award an agreement or any part thereof for any reason. D. City Council approval to award an Agreement pursuant to this RFP will be required. E. Any agreement must be negotiated, finalized, and approved by the recommend Contractor prior to City Council approval. F. RFP specifications, terms, conditions, and Exhibits, RFP Addenda, and Proposals, may be incorporated into and made a part of any agreement that may be awarded as a result of this RFP. IX. INVOICING FOR TRAINING COURSES A. Proposer shall invoice the City, unless otherwise advised, upon satisfactory receipt of performance of services. B. City will use best efforts to make payments within thirty (30) days following receipt and review of invoice and upon complete satisfactory receipt of performance of services. C. Invoices shall be emailed to: Sgt, Nicholas Lopez Santa Ana Police Department Email: Nlopez5@santa-ana.org (9) CITY OF SANTA ANA D. City shall notify Proposer of any adjustments required to invoices. E. Invoices shall include, at minimum: i. City PO Number (If applicable) ii. Invoice number iii. Agreement number iv. Remit to address v. Itemized services vi. Course description vii. Pricing as per agreement viii. Instructor name ix, Number of participants x. Course date(s), and xi. Shall be accompanied by acceptable proof of delivery F. Proposer shall utilize standardized invoices upon request. X. ACCOUNT MANAGER 1 SUPPORT STAFF FOR TRAINING COURSES A. Proposer shall provide a dedicated,. competent Account Manager who shall be responsible for the City's account 1 agreement. The Account Manager shall receive all orders from the City and shall be the primary contact for all issues regarding the Proposer's response to this RFP and any agreement which may arise pursuant to this RFP. B. Proposer shall also provide adequate, competent support staff that shall be able to service the City Monday through Friday. Such representative(s) shall be knowledgeable about the agreement, training offered, and able to identify and resolve quickly any issues included, but not limited to order and invoicing problems. C. Contractor's Account Manager shall be familiar with City requirements and standards and work with the City to ensure that established standards are adhered to. D. Contractor's Account Manager shall keep the City and ASAUA Training & Exercise Program Manager informed of requests from departments. EXHIBIT B Costs Proposal INURTA Utility Response Training Associates, LLC um eyrsi�nz r„.r��a�„ October 16, 2025 R. Ranger Dorn Managing Partner Utility Response Training Associates, LLC PO Box 101, Oak View, CA 93022 805-701-1459 Ranger.dorn@urtallc.com Nicholas Lopez, Sergeant City of Santa Ana—Department 20 Civic Center Plaza Santa Ana, CA 92701 Our company is proposing to provide for Anaheim/Santa Ana Urban Area Initiative, a G-626 EOC Action Planning Training Courses Services as part of RFP 25-118A. URTA, LLC staff members have provided over 18 CSTI Certified G-626 courses virtually or in person in the classroom. URTA, LLC brings a wealth of experience to exercises as all of our staff are qualified Incident Management Team members in Command or General Staff of Type 1 or 2 Incident Management Teams and have been Emergency Managers forthe agencies they worked for. We also have trained and exercised FOCs across the country.This advantage allows us to understand the responsibilities, needs, and priorities of the Anaheim and Santa Ana staff members. URTA, LLC staff members have response and Emergency Management experience as city, county, state, and federal responders for agencies in Southern California. We also have national disaster response experience, including hurricanes,wildfires, Fentynal Crisis and Covid 19. Our backgrounds include training and experience in hazmat,transportation, earthquake, mass casualty, and active shooter incidents. Our experience provides us with an advantage when it comes to understanding emergencies and disasters in Southern California. URTA, LLC does not employ the use of 1099 Independent Contractors as part of maintaining compliance with California AB 5. URTA, LLC looks forward to the opportunity of working with the Cities Anaheim and Santa Ana as part of you rtraining program. For: R. Ranger Dorn Managing Partner URTA, LLC URTALLC- P.O. Box 101, Oak View, CA 93022 1 NQ URTA w,I R-­-1—„a,—'a- Utility Response Training Associates, LLC ,, d. Services Provided URTA, LLC will provide up to ten CSTI Certified G-626 courses,The first class will be no later than October 16, 2028. • Number of Deliveries Being Requested: Up to 10 • Number of Students per Delivery: Minimum of 16 students URTA will provide: • Two CSTI Certified Instructors • All course printed materials • A laptop with course presentation materials on it. • URTA maintains several staff members in Southern California to support City training. We can also meet in person or virtually on short notice. ASSumptionS The City of Santa Ana and the Anaheim/Santa Ana Urban Area City will provide: • Classroom with space to arrange students in groups. • Audio/Visual Equipment • Multiple easels, dry erase board, and markers • Responsibilities of the Training Provider: • Classroom logistics to City desired standards to include drinking water, coffee and any other normal materials. c. Agreement Statement URTA, LLC agrees with the terms and conditions contained in the Sample Agreement, d. Firm and Team Experience i. Company Information URTA, LLC, Utility Response Training Associates, LLC, also DBA as Unified Response Training Associates, LLC formed in August 2016 to bring a diverse group of ICS Instructors together under one roof. URTA started with five Partners and has expanded to fifteen Partners currently. All Partners supporting the project are CSTI Certified. URTA Partners are well-experienced responders, incident and emergency managers, and instructors. URTA, LLC brings a wealth of experience to exercises as all of our staff are qualified Incident Management Team members in Command or General Staff of Type 1 or 2 Incident Management Teams. This advantage allows us to understand the responsibilities, needs, and priorities of the Santa Ana AHIMT members. URTA, LLC has delivered over 18 CSTI Certified G-626 courses since 2020. URTALLC- P.O. Box 101, Oak View, CA 93022 2 NURTAUtility Response Training Associates, LLC URTA, LLC staff members have response experience as city, county, state, and federal responders for agencies in Southern California. We also have national disaster response experience, including hurricanes, wildfires, Fentanyl and Covid 19. We bring fourteen staff members with experience and qualifications for all IC5 Command and General Staff as well as Unit Leader positions. Our backgrounds include training and experience in hazmat,transportation, earthquake, mass casualty, and active shooter incidents. Our experience provides us with an advantage when it comes to understanding emergencies and disasters in Southern California. Our clients include cities, counties, special districts,state agencies, and multiple Fortune 500 private companies across the US. ii. Company Headquarters and Office Location URTA, LLC is headquartered in Oak View,Ventura County, CA, utilizing a virtual office, but maintains staff throughout California, Nevada, Washington, and Idaho. Our mailing address is PO Box 101, Oak View, CA 93022. Seven URTA Staff members are located in Southern California, allowing us to provide immediate attention to City needs iii. Project Manager The supervising Project Manager/Principal Agent for this project is: R. Ranger Dorn Managing Partner, URTA, LLC PO Box 101, Oak View, CA 93022 Ra nger.dornff urta Ilc.com 8OS-701-1459 cell 833-336-7878 Toll Free Steve Heil steve.heil@urtalic.corn 805-404-4646 iv. Resumes Resumes are attached at the end of this document. The primary Exercise Staff members are: • Dena Chavez • Robbin Ekman • Steve Heil • Scott Holmquist • Joe Reyes • Mike Sandwick • Phill Veneris • Michael Velasquez URTALLC- P.O. Box 101, Oak View, CA 93022 3 0o URTA Utility Response Training Associates, LLC e. Proposed Work Plan i. Approach URTA, LLC will provide: • Staff to facilitate scheduling and registration. • Course Registration with CSTI sixty days prior to each class. • A course flier • Electronic Course Registration • Course materials • Course surveys-copies provided to the course host contact. • Course post class follow up with CSTL • Certificates delivered to the course host contact. URTA will maintain copies of all exercise-related rosters, sign-in sheets, and surveys for a period of not less than five years. H. Suggestions or concerns. URTA will work with City staff to develop a training schedule that addresses City priorities, iii. Deliverables and implementation plan URTA, LLC will coordinate with City staff to produce the following deliverables. Initial coordination meeting. Work with City Staff to create a course schedule--within 30 days of the award of a contract. First Class Delivery-January 2026 or February 2026. Additional classes by arrangement. URTA can provide multiple classes at the same time. Cost Proposal The all-inclusive proposed cost for RFP 25-118A is: In-Person courses: • Single delivery in person with printed course materials-$9,950. • Ten deliveries in person with printed course materials-$99,500. URTA is only providing a quote for in-person delivery due to the hands-on nature of this course, We can provide a quote for virtual deliveries should that be required. This quote is valid until March 15, 2026. URTALLC- P.O. Box 101,Oak View, CA 93022 4 EXHIBIT C Insurance Requirements Contractor shall procure and maintain for the duration of the agreement, the following insurance coverages: MINIMUM 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' Compensation (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. • Professional Liability(PL): with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. 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 AL 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 the Contractor including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. CGL, AL, and WC policies: Insurance company(les) 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 all the additional insureds, ensuring that Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 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 the project or 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 A:VII, unless otherwise acceptable to City. Verification of Coverage Contractor shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However,failure to obtain the required documents prior to the work beginning shall not waive the 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 be 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 the 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 circumstances. EXHIBIT D Certifications(Attachments A-H) CITY OF SANTA ANA ATTACHMENT A PROPOSER'S CERTIFICATION,PROPOSAL PRICING Certification-I certify that 1 have read,understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services(Exhibit 1)and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors,omissions or discrepancies to the City for clarification prior to the submission of my proposal. PROPOSER'S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions. _Utility Response Training Associates,LLC 805-701-1459 CELL LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS P.O. Box 101,OAK VIEW,CA93022 BUSINESS ADDRESS Stephen Heil, Managing Partner PRINTED NAME OF AUTHORIZED AGENT TITLE 2iQSr✓t `�- C 0/15/2025 steve.heil@urtallc.com SIGNAtFURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS FEDERAL ID NUMBER(IF APPLICABLE) CONTRACTOR LICENSE NUMBER THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. n.� ��f CITY OF SANTA ANA ATTACHMENT B REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if re aired. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. REFERENCE C,.4rc: C-,k1 Cc• f7,r1C- - Customer Name: I'rAPA,d� Va)114fick Contact Individual: T,),r-d VJ114ia.1 , 95;Scck Ck''J Address: 'T-re,-E Zlv3 Phone Number: G12 S—60 S~ F2 C) 2 U COn CC,ccl I CPL 91451 EMAIL: a,.L Ck cC-'_rP Contract Amount: 'A 100,(-100 4-- Year: 20 20 2<01-5 Description of supplies,equipment,or services provided: (Yrw14,Qlr� �i v.� kDn G y L� 13 ir4 ��StJt`5e5 QnC� '1{1nT `1 Pc7 rti 1 1 ct,n, REFERENCE T1rc,, Customer Name: C-Ytrc`u- '��+qf a•v Contact Individual: y oscq� Cr i ye ll0 c n XGSz C 14 'Fr¢- Address: y Phone Number: 1 1(o 15(�en cc- e-ct 'So, ti30jCkCP, `15Ik.Z EMAIL: /e D(d y Contract Amount: i34 Vre,,L Jlz L Year: _zf�) "z'z5 Description of supplies,equipment,or services provided: PA, TCS COCA rse 5 ar.c1 ` ft •.4rn �- kn -�e JQP:-t �a% PkEPv REFERENCE 1 Customer Name: Cnner�enc,jnAContactIndividual: �� n fift arv+ Address: 9 5U FovJc--ti Iq�e I S� 106 Phone Number: Tae�rv» LL) �43�i 0'� EMAIL: men,1y.Lunn,nq�r,[tty, prf'cric�un rL�u.�o✓ Contract Amount: `Zno c.� F Year: _ D2 -VL> 20'1`I Description of supplies,equipment,or services provided: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. 14ave- a1S11 t� ` o --6,J I- CSC I C Co Lin E Ckck!;s�i Cats So,IV%-ern Cc+1 - �cA1 S., , ,.l ,CtY A,X tOCc•I Cf C�/a+�`+'Jk i',t�- SALt01?,J.$)' e A OInd �-,UG-�J 6, - N c_o"r S4 S 4-o C`.1.4 t G_� s rlen4,a �fk r%ct 0,J �Uj f,n,�L c;un4'y CITY OF SANTA ANA ATTACHMENT C PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana,hereinafter City)shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council,endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council,signed by the Executive Director or his duty authorized agent,and signed by the City Attorney,denoting his approval of the form of this document,and its execution,and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery(as defined above)of the accepted agreement he/she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays),or the funds,check,draft,or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain;otherwise said funds,check drafts,or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work,that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals,and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP, Firm:Utility Response Training Associates,LLC Signed and Printed(+tame: , t/ Stephen Heil Title: Managing Partner Date October 15.2025 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. i' CITY OF SANTA ANA ATTACHMENT D NON-COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham;that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham pfoposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication,or conference with anyone to fix the proposal price of the proposer or any proposer,or to fix any overhead,profit,or cost element of the proposal price,or of that of any other proposer,or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract;that all statements contained in the proposal are true;and,further,that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof,or divulged information or data relative thereto,or paid,and will not pay,any fee to any corporation,partnership,company association,organization,bid depository,or to any member or agent thereof to effectuate a collusive or sham proposal. Note: The above non-collusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shalt also constitute signature of this non-collusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed — State of Idaho,County of Ada r Subscribed and sworn to(or affirmed) before me on this El day ef , 20Z5 ,by _Stephen H. Heil, proved to me on the basis of satisfactory evidence to be the persons) who appeared before me. Sienna Thompson Commission Number.20252041 Notary Public State or Idaho otary Public Signature V Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. QCITY OF SANTA ANA ATTACHMENT E NON-LOBBYING CERTIFICATION The prospective participant certifies,by signing and submitting this bid or proposal,to the best of his or her knowledge and belief,that: (1) No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement,and the extension,continuation,renewal,amendment,or modification of any Federal contract,grant,loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Farm-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31,U.S.Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipl`ents shall certify and disclose accordingly. Signed: l { � ilk �121_0 Title: CY1canact mac, r41)"r" Firm: �O Scin4s� rcr�-�trl�, , 5Sacrrr� l LOB Date: [���o A� ES �025 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. CITY 4F SANTA ANA ATTACHMENT NON-DISCRIMINATION CERTIFICATION The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race,color,religion,sex,or national origin. The Consultant shall take affirmative action to ensure that applicants are employed,and that employees are treated during employment without,regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination;rates of pay or other forms of compensation;and selection for training,including apprenticeship. The Consultant agrees to post in conspicuous places,available to employees and applicants for employment,notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race,color,religion,sex,or national origin. 8. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding,a notice to be provided advising the said labor union or workers'representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4, The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules,regulations,and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1955, and by rules, regulations,and orders of the Secretary of Labor,or pursuant thereto,and will permit access to his/her books,records,and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations,and orders. 1. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations,or order of the Secretary of Labor,or as otherwise provided by law. 2. The Consultant shall include the portion of the sentence immediately preceding paragraph (1)and the provisions of paragraphs(1)through(7)in every subcontract or purchase order unless exempted by rules,regulations,or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24,1965,so that such provisions will be binding upon eac�hy subcontract Q CITY OF SANTA ANA or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance;provided,however,that in the event the Consultant becomes involved in,or Is threatened with,litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Slats. 1939, and as amended,no discrimination shall be made in the employment of persons upon public works because of race,religious creed,color,national origin,ancestry,physical handicaps,mental condition,marital status, or sex of such persons, except as provided in Section 1420,and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: �{ n� 2 Title: sl'�ona r,� �orner Firm: SS a c.w-+. Date: C'ac frc�r l 5 �t3 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL, PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. CITY OF SANTA ANA ATTACHMENT G SAM.GOV UEI VERIFICATION On April A,2022,the federal government stopped using the DUNS Number to uniquely identify entities. Now,entities doing business with the federal government use the Unique Entity ID created in SAM.gov. They no longer have to go to a third-party website to obtain their identifier.This transition allows the government to streamline the entity identification and validation process, making it easier and less burdensome for entities to do business with the federal government. This RFP includes federal funding,and as such,the proposer must provide verification of their SAM.gov UEI and registration status. Please attach your entity's registration from SAM.gov,including UEI and active registration status. Proposer's UFI:URTA LLC SAM Registration-UEI-Unique Entity ID:WV5MMJBWUHM5 CAGE/NCAGE:n8EAP5 SAM.gov Registration Expiration Date:June 13,2026 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. y ' CITY OF SANTA ANA ATTACHMENT H CERTIFICATE REGARDING DEBARMENT,SUSPENSION, INEGIBILITY AND VOLUNTARY EXCLUSION This certification is required by the regulations implementing Executive Order 12549,as amended, Nonprocurement Debarment and Suspension,2 CFR Part 2998,Subpart C,Responsibilities of Participants Regarding Transactions.The regulations ware published as Part VII of the May 26,1988, Federal Register(Pages 19160-19211).and as subsequently amended in 81 Federal Register 25585. (Before completing certification,read instructions which are an integral part of certification) 1.Pursuant to 2 CFR 180.335.the prospective primary participant,(i.e.grantee)certifies to the best of its knowledge and belief,that it and its principals: a.Are not presently excluded or disqualified; b,Have not been convicted within the preceding three years of any of the offenses listed in 2CFR 180.800(a)or had a civil judgment rendered against them for one of those offenses within that time period. c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal,State or focal)with commission of any of the offenses listed in 2 CFR 180.800(a);and d.Have not had one or more public transactions(Federal.State or local)terminated within the preceding three years for cause or default. 2.Where the prospective primary participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this proposal. Consultant �L � Stephen H.Heil URTA LLC/Managing Partner _O Name and Title of Official Authorized to Certify n Behalf of the Consultant THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPOIVSIWE. Date INSTRUCTION FOR CERTIFICATION @ CITY OF SANTA ANA 1.By signing and submitting this proposal,the prospective recipient of Federal assistance funds is providing the certification as set out below. 2.The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into.If it is later determined that the prospective recipient of Federal assistance funds knowingly rendered an erroneous certification,in addition to other remedies available to the Federal Government,the Department of Labor(DOL)may pursue available remedies,including suspension and/or debarment, 3.The prospective recipient of Federal assistance funds shall provide immediate written notice to the person to which thts proposal is submitted if at any time the prospective recipient of Federal assistance funds learns that its certification was erroneous whom submitted or has become erroneous by reason of changed circumstances. 4.The terms"covered transaction","debarment","suspension","disqualified,""ineligible","lower tier covered transaction","participant","person","primary covered transaction","principal","proposal",and .'voluntarily excluded",as used in this cause,have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549.You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5.The prospective recipient of Federal assistance funds agrees by submitting this proposal that,should the proposed covered transaction be entered into,it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,suspended,disqualified,declared ineligible,or voluntarily excluded from participation in this covered transaction,unless authorized by the DOL, 6.The prospective recipient of Federal assistance funds agrees by submitting this proposal,that It will include the clause title"Certification Regarding Debarment,Suspension,Ineligible,or voluntarily excluded from the covered transaction"unless it knows that the certification is erroneous. 7.Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings, 8.Except for transactions authorized under paragraph 5 of these instructions,if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended,debarred,ineligible,or voluntary excluded from participation in this transaction,in addition to other remedies available to the Federal Government,the DOL may pursue available remedies, including suspension and/or debarment. f c�91 C to , Z- EXHIBIT E Federal Regulations Exhibit E--Federal Regulations a. Federal Regulations—Recipient must comply with the government cost principles, uniform administrative requirements and audit requirements for federal grant program housed within Title 2,Part 200 of the Code of Federal Regulations. b. Debarment and Suspension—As required by Executive Orders 12549 and 12b89,and 2 CFR§200.214 and codified in 2 CFR Part 180,Recipient must provide protection against waste,fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government, C. Audit Records--With respect to all matters covered by this agreement all records shall be made available for audit and inspection by CITY,the grant agency and/or their duly authorized representatives for a period of three(3)years from the date of submission of the final expenditure report by the City of Santa Ana. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled,whichever is later,Recipient shall preserve and maintain all documents,papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the saine time period,Recipient shall make said documents,papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s),for examination,copying, or mechanical reproduction on or off the premises of Recipient,upon request during usual working hours. d. Rgports--Recipient shall provide to City all records and information requested by City for inclusion in quarterly reports and such other reports or records as City may be required to provide to the agency from which City received grant funds or other persons or agencies. e. Section 504 of the Rehabilitation Act of 1973 (Handicapped)--All recipients of federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise qualified handicapped person shall,solely by reason of handicap be excluded from the participation in,be denied the benefits of or be subject to discrimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The Recipient agrees it will ensure that requirements of The Act shall be included in the agreements with and be binding on all of its contractors, subcontractors,assignees or successors. f. Americans with Disabilities Act of 1990 — (ADA) Recipient must comply with all requirements of the Americans with Disabilities Act of 1990(ADA), as applicable. g. Political Activity—None of the fiords,materials,property,or services provided directly or indirectly under this agreement shall be used for any partisan political activity,or to further the election or defeat of any candidate for public office,or otherwise in violation of the provisions of the"Hatch Act". h. No Lobbing — Recipient will comply with all applicable lobbying prohibitions and laws, including those found in the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352, et seq.), and agrees that none of the funds provided under this award may be expended by the Recipient to pay any person to influence,or attempt to influence an officer or employee of any agency, a Member of Congress,an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action concerning the award or renewal of any federal contract, grant,loan, or cooperative agreement. i. Non-Discrimination and Equal Opportunity --Recipient will comply,and all its contractors (or subrecipients)will comply,with Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975, as amended;Drug Abuse Office and Treatment Act of 1972,as amended;Comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act of 1970,as amended; Section 523 and 527 of the Public Health Service Act of 1912, as amended; Title VIII of the Civil Rights Act of 1968, as amended; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a Federal or State court, Federal or State administrative agency, or the Recipient makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds,the Recipient will forward a copy of the findings to CITY which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs,U.S. Department of Justice. If applicable, recipient will comply with the equal opportunity clause in 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375. j. Equal Ein Iooyment Opportunity--Recipient will comply,and all its contractors (or subrecipients) will comply,with all requirements of the Executive Order 11246 of September 24, 1965, entitled"Equal Employment Opportunity,"as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60),as applicable. k. Public Contracts Code—Recipient will comply,and all its contractors(or subrecipients) will comply,with all requirements of the California Public Contract Code Section 10295.3,as applicable. 1. Copeland"Anti-Kickback"Act —Recipient will comply,and all its contractors (or subrecipients) will comply,with all requirements of the Copeland"Anti-Kickback"Act(40 U.S.C. 3145)as supplemented in Department of Labor regulations(29 CFR Part 3),as applicable. M. Davis-Bacon Act—Recipient will comply, and all its contractors (or subrecipients) will comply,with all requirements of the Davis-Bacon Act(40 U.S.C. 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations(29 CFR Part 5), as applicable. n. Work Hours and Safety --Recipient will comply,and all its contractors (or subrecipients) will comply,with all requirements of Sections 103 and 107 of the Contract Work Hours and Safety Standards Act(40 U.S.C. 3702 and 3704)as supplemented by Department of Labor regulations(29 CFR Part 5),as applicable. o. Clean Air Act — (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The contractor agrees to report each violation to CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. p. Energy and Conservation —Recipient will comply, and all its contractors (or subrecipients)will comply,with all requirements of the Energy Policy and Conservation Act(42 U.S.C. 6201),as applicable. q. Waste Disposal—Recipient will comply,and all its contractors(or subrecipients)will comply,with all requirements of Section 6002 of the Solid Waste Disposal Act,as amended by the Resource Conservation and Recovery Act, as applicable. r. Patent Ri is—Recipient agrees that the Department of Homeland Security shall have the authority to seek patent rights for any process,product,invention or discovery developed and paid for with funding through this Agreement based on the requirements of 37 CFR§ 401 and any other implementing regulations,as applicable. S. Copyright—Recipient may copyright any books,publications or other copyrightable materials developed in the course of or under this Agreement. However,the federal awarding agency, State Administrative Agency(SAA)and City reserve a royalty-free,non-exclusive,and irrevocable license to reproduce,publish or otherwise use,and to authorize others to use,for federal government, SAA and/or City purpose: (1) the copyright in any work developed through this Agreement; and (2) any rights of copyright to which the subcontractor purchases ownership with support through this grant. The federal government's,SAA's and City's rights identified above must be conveyed to the publisher and the language of the publisher's release form must ensure the preservation of these rights. t. Equal Emplopnent in Construction Contracts— Pursuant to Equal Employment Opportunity requirements of 41 C.F.R.60-1.4(b)in accordance with Executive Order 11246 as amended by Executive Order No. 11375,as to any construction contract thereunder,if applicable,during the performance of this contract,the contractor agrees as follows: (1)The contractor will not discriminate against any employee or applicant for employment because of race,color,religion,sex, sexual orientation,gender identity,or national origin. The contractor will take affirmative action to ensure that applicants are employed,and that employees are treated during employment without regard to their race,color,religion,sex, sexual orientation, gender identity,or national origin. Such action shall include,but not be limited to the following: Employment,upgrading,demotion, or transfer;recruitment or recruitment advertising; layoff or termination;rates of pay or other forms of compensation; and selection for training,including apprenticeship.The contractor agrees to post in conspicuous places, available to employees and applicants for employment,notices to be provided setting forth the provisions of this nondiscrimination clause, (2)The contractor will,in all solicitations or advertisements for employees placed by or on behalf of the contractor,state that all qualified applicants will receive consideration for employment without regard to race,color,religion, sex, sexual orientation,gender identity,or national origin. (3)The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about,discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information,unless such disclosure is in response to a formal complaint or charge,in furtherance of an investigation,proceeding, hearing, or action,including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4)The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding,a notice to be provided advising the said labor union or workers'representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5)The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,and of the rules,regulations, and relevant orders of the Secretary of Labor. (6)The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965,and by rules,regulations,and orders of the Secretary of Labor,or pursuant thereto,and will permit access to his books,records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,regulations,and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules,regulations, or orders,this contract may be canceled, terminated,or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965,or by rule,regulation,or order of the Secretary of Labor,or as otherwise provided by law. (8)The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through(8)in every subcontract or purchase order unless exempted by rules,regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965,so that such provisions will be binding upon each subcontractor or vendor.The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions,including sanctions for noncompliance. U. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment—Recipient will comply,and all its contractors(or subrecipients)will comply,with all requirements under Uniform Guidance 2 CFR §200.216. Recipient will comply with FEMA Policy 405- 143-1,Prohibitions on Expending FEMA Award Funds on Covered Telecommunications Equipment or Services(Interim),which prohibits grant recipients and subrecipients from obligating or expending loan or grant funds to procure or obtain, extend or renew a contract to procure or obtain, or to enter into a contract(or extend or renew a contract)to procure or obtain equipment, services,or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232,section 889,covered telecommunications equipment: (1)Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation(or any subsidiary or affiliate of such entities). (2)For the purpose of public safety, security of government facilities,physical security surveillance of critical infrastructure,and other national security purposes,video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company(or any subsidiary or affiliate of such entities). (3)Telecommunications or video surveillance services produced by such entities or using such equipment. (4)Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense,in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation,reasonably believes to be an entity owned or controlled by,or otherwise connected to,the government of a covered foreign country. V. Domestic Preferences for Procurements/Subcontracts— Recipient will comply,and all its contractors (or subrecipients)will comply,with all requirements under Uniform Guidance 2 CFR §200.322. Recipient shall comply with the federal and recipient standards in the award of any subcontracts. For purposes of this Agreement, subcontracts shall include but not be limited to purchase agreements, rental or lease agreements,third party agreements,consultant service contracts and construction subcontracts. Recipient shall ensure that the terms of this Agreement with the CITY are incorporated into all Subcontractor Agreements.The recipient shall submit all Subcontractor Agreements to the CITY for review prior to the release of any funds to the subcontractor.The recipient shall withhold funds to any subcontractor agency that fails to comply with the terms and conditions of this Agreement and their respective Subcontractor Agreement. (1) Recovered Materials Recipient shall make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or at a reasonable price. Information about this requirement, along with the list of EPA-designated items,is available at EPA's Comprehensive Procurement Guidelines webpage:bttps://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-pro gram. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act, (2) Domestic Preference for Procurements Recipient should,to the greatest extent practicable,provide a preference for the purchase, acquisition,or use of goods,products,or materials produced in the United States. This includes,but is not limited to iron, aluminum, steel,cement,and other manufactured products, For purposes of this clause: Produced in the United States means,for iron and steel products,that all manufacturing processes,from the initial melting stage through the application of coatings,occurred in the United States. Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum;plastics and polymer-based products such as polyvinyl chloride pipe;aggregates such as concrete; glass,including optical fiber; and lumber. W. Termination for Cause and Convenience--Should recipient fail for any reason to comply with the contractual obligations of this agreement within the tune specified by this Agreement,the CITY reserves the right to terminate the Agreement,reserving all rights under state and federal law. X. Contractual/Legal Remedies for Breach of Contract—Should recipient fail for any reason to comply with the contractual obligations of this Agreement and/or willfully,knowingly or negligently breach any term, condition or requirement of the agreement,City may impose sanctions including but not limited to damages (liquidated damages and or penalties) and/or any other remedy available pursuant to the Agreement of the laws then in effect. ' Y. Conflict of Interest—In the event a conflict of interest is identified,disciplinary action shall be determined and imposed based on the severity of the violation and may include,but is not limited to,written warnings,suspension,mandatory ethics training,reassignment of duties,or termination of employment. All disciplinary action taken/imposed,will be documented and handled in accordance with applicable federal, state and local employment laws, i i i i URTAL-1 ,a►�-a��» CERTIFICATE OF LIABILITY INSURANCE DATE 10 612 02 6Y) nvos12oz6 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(les)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 rl hts to the certificate holder In lieu of such endorsemenf s. PRODUCER 659-683-4411 o cr Kraft and Lee Insurance Agency Kraft and Lee Insurance Agency PHONe 659-683-4411 PAx 559-683.0414 40298 Junction Drive,Ste,A Arc No EA: Arc,No): P.O.Box 2040 E. AIL Oakhurst,CA 93644 Kraft and Lee Insurance Agency INSURERISI AFFORDINGCOVERAGE a# INSURERA:Hartford Underwriters Ins.Co. 30104 tj'IRTA,LLC INSURER B:Underwriters at Lloyd's,London DBA:Utility Response Training Associates LLC INSURERC:NONE PO Box 101 Oakview,CA 93022 INSURER D;NONE -INSURER B:NONE ' INSURERF;NONE COVERAGES T U NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD I 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. II-TRNSR TYPE OF INSURANCE ADDL SUB POLICY NUMBER POLEGY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY 2,000,000 EACH OCCURRENCE CLAIMS-MADE � DA OCCUR X X 61SBMBEIHSJ 09/1512025 0911512020 MAGEmogo rr 1,000,000 MED EXP(AgY one Person$ 10,000 PERSONAL&ADV INJURY 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 4,000,000 POUGY❑j'kaT LOG PRODUCTS-COMPIOP AGG S 4,000,000 OTHER: A AUTOMOBILE LIABILITY COMBINEDsuodm SINGLE LIMIT 2,000,005 ANYAUTO 51SBMBEIH5J 09115/2025 0911612026 BODILY INJURY Per Pqrsoril OWNED UTO ONLY SCHEDULED IIRR BODILY INJURYPeraccldenl 3 X AMU%ONLY X AUT DN 0ow8 ON�nNLY Peda�Rf iDAMACiE i A UMBRELLA LIAR X OCCUR EACH OCCURRENCE 3,661,000 X EXCESSLIAB CLAIMS-MADE 51SBMBEIH5J 09/15/2025 09116/2026 AGGREGATE 3,000,000 I DED X RETENTION$ 10,000 WORKERS COMPENSATION PER OTH- AND EMRRPLOYERS'LIABILITY ANY 1` Inry InT EXCI UAT'ED?ECUTIVE Yr N 1 A NONE E.L.EACH ACCIDENT PI.Ilyes,describe under V.L.DISEASE-EA EMPLOYEE DESC IPTION O 0PERATIONS balow E-POLICY LIMIT B Professional Liab MPL457010626 09116/2026 09/1812026 Irach Clai 2,000,000 Claims Made RETRO DATE 9-16-2020 Retention 5,000 I i DESCRIPTION OF OPERATIONS LOCATIONS/VEHICLES iACORe 101,Addlllona!Remarks Schedule,may be attached If more apace Is requlredJ Digllally signed CERTIFICATE HOLDER,THE ENTITY ITS OFFICERS,OFFICIALS,EMPLOYEES&VOLUNTEERS TU Tram.byravan i ARE NAMED AS AN ADDITIONAL INSURED WITH RESPECT TO GENERAL LIABILITY ONLY Nguyen PER FORM BL3032 0621 WHEN REQUIRED BY WRITTEN CONTRACT AGREEMENT OR PERMIT. Nguyeh 099G 2fi-001 Or. PRIMARY WORDING AND WAIVER OF SUBROGATION ARE INCLUDED PER FORM SL0000 1018 I , APPROVED By Tu,-Tran Nguyen at 9:46 am,,Jan 06 202E C RTIEICATE HOLDERCANCELLATION CITYANA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE 7HEREOF, NOTICE WILL BE: DELIVERED IN CITY OF SANTA ANA ACCORDANCE WITH THE POLICY PROVISIONS. POLICE DEPARTMENT HOMELAND SECURITY AUTHORIZED REPRESENTATIVE ti0 CIVIC CENTER PLAZA and Lee Insurance Age i ACORD 26(2016103) Q 198 - ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks ofkACORD i NOTEPAD URTAL-1 PAGE 2 INSUREVS NAME URTA, LLC OP ID:SL ante 01/06/2026 Insured also has Cyber Liability - policy #C9MQ8136667 with Arch Specialty Ins Company, Ascot Specialty Ins Co, Firreman's Fund Indemnity Corp and Fortegra specialty Ins Co, (east► has a share of the policy) with $1,000,000 liability limits. A 01,000 retention applies. Policy Period: 2-9--25 to 2-9-26 i E 1 1 f i 1 S } f SF [!I l t t E E i 3pI 1 } 1 1 i E t t I� I I I f I f f { Nguyen, Tu Tran From: Ranger Dorn <ranger.dorn@urtallc.com> Sent: Monday,January 5, 2026 6:45 PM To: RMD; Hiltbrand,Jeff; kraft@kraftandleeinsurance.com Cc: Lopez, Nicholas; McFall,Jason Subject: Re: Request for C01 Review: Utility Response Training Associates +ttention:This email originated From outside of City of Santa Ana. Use caution when opening auachtnents or links. Hello, For item #1, both names are there. The insured- URTA, LLC is Utility Response Training Associates, LLC. WE also indicated our DBA on policies, but the insured is URTA, LLC. 2. 1 will ask our agent to address the policy date question as it has never come up before with any of our clients. 3. We will have our agent change the address. rd © R.Ranger Dorn I Managing Partner Ranger.Dorn@urtalic.com s, www.urtalic.com �1 P.O.Box 101 PTA Utility Response Training Associates ttc Oak View, 93145 922 M(805)701-1-1459 10(833)336-7878 The information contained in this message may be CDNFIDENTIAL and is intended for the addressee only.Any unauthorized e,dlsseminafion or copying of this information is pmhiblted.If you are not the addressee,please notify the sender immediately by return a-mail and delete this message. From: RMD<rmd@santa-ana.org> Sent: Monday,January 5, 2026 4:56 PM To: Hiltbrand,Jeff<jhiltbrand@santa-ana.org>; Ranger Dorn <ranger.dorn@urtallc.com>; kraft@kraftandleeinsurance.com <kraft@kraftandleeinsurance.com> Cc: Lopez, Nicholas<NLopez5@santa-ana.org>; McFall,Jason <jmcfall@santa-ana.org> Subject: RE: Request for C01 Review: Utility Response Training Associates Good afternoon, In reviewing the COI, the following are missing: 1. Name insured states "Unified Response Training Associates", but the agreement states "Utility Response Training Associates". INSURED A IN URTA, LLC DBA: Unities!Response Training IN Associates PO Box 101 IN Oakview, CA 93022 IN IN 1 POLICY#51SBMAZQGXN THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THE HARTFORD BLANKET ADDITIONAL INSURED BY CONTRACT This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM Except as otherwise stated in this endorsement, the terms and conditions of the Policy apply. A. The following is added to Section C.WHO 1S AN INSURED: Additional Insureds When Required By Written Contract,Written Agreement Or Permit The person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed, In a written contract or written agreement, or when required by a written permit issued by a state or governmental agency or subdivision or political subdivision that such person or organization be added as an additional Insured on your Coverage Part, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit. A person or organization is an additional insured under this provision only for that period of time required by the contract, agreement or permit. However, no such person or organization is an additional insured under this provision if such person or organization is included as an additional insured by any other endorsement issued by us and made a part of this Coverage Part. The insurance afforded to such additional insured will not be broader than that which you are required by the contract, agreement, or permit to provide for such additional insured. The insurance afforded to such additional insured only applies to the extent permitted by law, The limits of Insurance that apply to additional insureds are described in Section D. LIABILITY AND MEDICAL EXPENSES LIMIT'S OF INSURANCE. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS. a. Vendors Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the"products-completed operations hazard", (1) The Insurance afforded to the vendor is subject to the following additional exclusions: This Insurance does not apply to: (a) "Bodily injury" or"property damage" for which the vendor Is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, Installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; Form SL 30 32 06 21 Page 1 of 3 ©2021, The Hartford (May include copyrighted material of Insurance Services Office, Inc.,with its permission) THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. THE HARTFORD (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or"property damage"arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained In Paragraphs(d)or(f); or (11) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products, (2) This insurance does not apply to any insured person or organization from whom you have acquired such products,or any ingredient, part or container,entering into, accompanying or containing such products, b. Lessors Of Equipment (1) Any person or organization from whom you lease equipment; but only with respect to their liability for "bodily injury", "property damage" or"personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. (2) With respect to the insurance afforded to these additional Insureds, this insurance does not apply to any "occurrence"which takes place after you cease to lease that equipment. c. Lessors Of Land Or Premises (1) Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. (2) With respect to the insurance afforded to these additional insureds,this insurance does not apply to: (a) Any"occurrence"which takes place after you cease to lease that land or be a tenant In that premises; or (b) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers Or Surveyors (1) Any architect, engineer, or surveyor, but only with respect to liability for"bodily injury", "property damage" or"personal and advertising Injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf. (a) In connection with your premises; (b) In the performance of your ongoing operations performed by you or on your behalf; or (c) In connection with "your work" and included within the "products-completed operations hazard", but only if: (1) The written contract, written agreement or permit requires you to provide such coverage to such additional insured; and (11) This Coverage Part provides coverage for"bodily injury" or"property damage" included within the "products-completed operations hazard", (2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising Injury"arising out of the rendering of or the failure to render any professional services, Including: (i) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (ii) Supervisory, surveying, inspection, architectural or engineering activities. This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the "bodily injury", "property Form SL 30 32 06 21 Page 2 of 3 ©2021,The Hartford (May include copyrighted material of Insurance Services Office, Inc.,with its permission) THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. THE HARTFORD damage", or"personal and advertising injury" arises out of the rendering of or the failure to render any professional service. e. State Or Governmental Agency Or Subdivision Or Political Subdivision Issuing Permit (1) Any state or governmental agency or subdivision or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or (b) "Bodily injury"or"property damage" included within the"products-completed operations hazard". f. Any Other Party (1) Any other person or organization who is not in one of the categories or classes listed above in Paragraphs a. through e. above, but only with respect to liability for"bodily injury", "property damage" or "Personal and advertising injury" caused, In whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations performed by you or on your behalf; (b) In connection with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "products-completed operations hazard", but only if: (1) The written contract, written agreement or permit requires you to provide such coverage to such additional insured; and (ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard". (2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, surveying, inspection, architectural or engineering activities. This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the "bodily injury", "property damage", or "personal and advertising injury" arises out of the rendering of or the failure to render any professional service described In Paragraphs f,(2)(a)or f.(2)(b)above. Form SL 30 32 06 29 Page 3 of 3 0 2021, The Hartford (May include copyrighted material of Insurance Services Office, Inc.,with its permission) POLICY#S ISBMAZOGXN r�s , HARTFORD S , BUSINESS LIABILITY COVERAGE FORM Various provisions in this Policy restrict coverage. Read the entire Policy carefully to determine rights, duties and what is and is not covered. Throughout this Coverage Part the words "you" and "your" refer to the Named Insured shown In the Declarations. The words"we", "us"and"our" refer to the insurance company shown in the Declarations. "Policy period", as used in this Coverage Part, means the period from the effective date of this Coverage Part to the expiration date of the Coverage Part as stated in the Declarations or the date of cancellation,whichever is earlier. The word "Insured" means any person or organization qualifying as such under Section C.Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section K Liability And Medical Expenses Definitions. A. COVERAGES 1. Business Liability Coverage (Bodily Injury, Property Damage, Personal And Advertising Injury) Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the Insured against any "cult" seeking damages for "bodily injury", "property damage" or "Personal and advertising injury"to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" or offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages Is limited as described in Section D. Liability And Medical Expenses Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments, settlements or medical expenses to which this insurance applies. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Coverage Extension-Supplementary Payments. b. This insurance applies: (1) To"bodily injury"and"property damage"only if: (a) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory'; (b) The"bodily injury"or"property damage"occurs during the policy period; and (c) Prior to the policy period, no insured listed under Paragraph 1. of Section C.Who Is An Insured and no"employee" authorized by you to give or receive notice of an "occurrence"or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. (2) To "personal and advertising injury" caused by an offense arising out of your business, but only if the offense was committed in the"coverage territory"during the policy period. c. 'Bodily injury"or"property damage"will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1.of Section C.Who Is An Insured or any"employee"authorized by you to give or receive notice of an "occurrence"or claim: (1) Reports all, or any part, of the"bodily injury"or"property damage"to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage'; or Form SL 00 00 10 18 Page 1 of 22 ' OO 2018, The Hartford ' (May include copyrighted material of Insurance Services Office, Inc.,with its permission) f THC HARTFpRD (3) Becomes aware by any other means that"bodily injury" or"property damage" has occurred or has begun to occur. d. Damages because of"bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the"bodily injury". e. Incidental Medical Malpractice (1) "Bodily injury" arising out of the rendering of or failure to render professional health care services as a physician, dentist, nurse, emergency medical technician or paramedic shall be deemed to be caused by an "occurrence", but only if: (a) The physician, dentist, nurse, emergency medical technician or paramedic is employed by you to provide such services; and (b) You are not engaged in the business or occupation of providing such services. (2) For the purpose of determining the limits of insurance for incidental medical malpractice, any act or omission together with all related acts or omissions in the furnishing of these services to any one person will be considered one"occurrence", 2, Medical Expenses Insuring Agreement a. We will pay medical expenses as described below for"bodily injury"caused by an accident; (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (1) The accident takes place in the"coverage territory"and during the policy period; (2) The expenses are incurred and reported to us within three years of the date of the accident; and (3) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical,x-ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. 3. Coverage Extension -Supplementary Payments a. We will pay,with respect to any claim we investigate or settle, or any"suit" against an insured we defend: (1) All expenses we Incur. (2) Up to $1,000 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which Business Liability Coverage for"bodily injury" applies. We do not have to furnish these bonds. (3) The cost of appeal bonds or bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish, finance, arrange for, guarantee, or collateralize these bonds,whether the collateralization is characterized as premium or not. (4) All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or"snit", Including actual loss of earnings up to$500 a day because of time off from work. (5) All court costs taxed against the insured in the "suit". However, such costs do not include attorneys' fees, attorneys'expenses, witness or expert fees,or any other expenses of a party taxed against the insured, (6) Prejudgment interest awarded against the insured on that part of the judgment we pay. if we make an offer to pay the applicable limit of Insurance, we will not pay any prejudgment interest based on that period of time after the offer. Form 5L 00 0010 18 Page 2 of 22 0 2018,The Hartford (May include copyrighted material of Insurance Services Office, Inc.,with its permission) THE HARTFORD (7) All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited In court the part of the judgment that is within the applicable limit of insurance. Any amounts paid under(1)through (7)above will not reduce the limits of Insurance. b. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit",we will defend that indemnitee If all of the following conditions are met: (1) The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an"insured contract'; (2) This insurance applies to such liability assumed by the insured; (3) The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same"insured contract'; (4) The allegations in the"suit" and the information we know about the "occurrence"are such that no conflict appears to exist between the interests of the insured and the interest of the Indemnitee; (5) The indemnitee and the insured ask us to conduct and control the defense of that Indemnitee against such "suit"and agree that we can assign the same counsel to defend the insured and the indemnitee; and (6) The indemnitee: (a) Agrees in writing to: (1) Cooperate with us in the investigation, settlement or defense of the"suit"; (li) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the"suit"; (iii) Notify any other insurer whose coverage is available to the indemnitee; and (iv) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (b) Provides us with written authorization to: (i) Obtain records and other information related to the"suit"; and (ill) Conduct and control the defense of the indemnitee in such "suit". So long as the above conditions are met, attorneys'fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 1.b.(b) of Section B. Exclusions, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the Limits of Insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when: (1) We have used up the applicable limit of insurance in the payment of judgments or settlements; or (2) The conditions set forth above, or the terms of the agreement described in Paragraph (6) above, are no longer met. B. EXCLUSIONS 1. Applicable To Business Liability Coverage This Insurance does not apply to: a. Expected Or Intended Injury (1) "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to"bodily injury"or"property damage" resulting from the use of reasonable force to protect persons or property; or (2) "Personal and advertising injury" arising out of an offense committed by, at the direction of or with the consent or acquiescence of the insured with the expectation of inflicting "personal and advertising injury". Form SL 00 00 10 18 Page 3 of 22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THB HARTFORD b. Contractual Liability (1) "Bodily injury"or"property damage"; or (2) "Personal and advertising injury" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages because of: (a) "Bodily injury", "property damage" or"personal and advertising injury" that the Insured would have in the absence of the contract or agreement; or (b) "Bodily injury"or"property damage"assumed in a contract or agreement that is an "insured contract", provided the "bodily Injury" or"property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purpose of liability assumed in an "Insured contract", reasonable attorneys' fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of"bodily Injury"or"property damage"provided: (1) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same"Insured contract"; and (ii) Such attorneys' fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged, c. Liquor Liability "Bodily injury" or"property damage"for which any insured may be held liable by reason of,- (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; (3) Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol; or (4) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an Insured, if the"bodily injury"or"property damage" involved that which is described in Paragraph (1), (2),(3)or(4) above. However, this exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages, For the purposes of this exclusion, permitting a person to bring alcoholic beverages on your premises, for consumption on your premises, whether or not a fee is charged or a license is required for such activity, is not by itself considered the business of selling, serving, or furnishing alcoholic beverages. d. Workers'Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. a. Employer's Liability "Bodily injury"to: (1) An"employee"of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the Insured's business; or (2) The spouse,child, parent, brother or sister of that"employee"as a consequence of(1)above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. Form SL 00 00 10 18 Page 4 of 22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc.,with Its permission) THE HARTFORR This exclusion does not apply to liability assumed by the insured under an"insured contract". f. Pollution (1) "Bodily injury", "property damage" or"personal and advertising Injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of"pollutants": (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to any Insured. However, this paragraph does not apply to: (i) "Bodily injury" if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's occupants or their guests; (ii) "Bodily injury" or"property damage" for which you may be held liable, if you are a contractor and the owner or lessee of such premises, site or location has been added to this Coverage Part as an additional insured with respect to your ongoing operations performed for that additional insured at that premises, site or location and such premises, site or location Is not and never was owned or occupied by, or rented or loaned to, any insured, other than that additional insured; or (iii)"Bodily injury"or"property damage"arising out of heat, smoke or fumes from a "hostile fire"; (b) At or from any premises, site or location which is or was at any time used by or for any insured or others for the handling, storage, disposal, processing or treatment of waste; (c) Which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for: (1) Any insured;or (iii) Any person or organization for whom you may be legally responsible; (d) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the "pollutants" are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor. However, this paragraph does not apply to: (1) "Bodily injury" or "property damage" arising out of the escape of fuels, lubricants or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions necessary for the operation of"mobile equipment"or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply if the "bodily Injury" or "property damage" arises out of the intentional discharge, dispersal or release of the fuels, lubricants or other operating fluids, or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the Intent that they be discharged, dispersed or released as part of the operations being performed by such insured, contractor or subcontractor; (li) "Bodily injury" or "property damage" sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor; or (iii)"Bodily injury"or"property damage"arising out of heat, smoke or fumes from a"hostile fire'; or (e) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants". (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (b) Claim or "suit" by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". Form Si_00 0010 18 Page 8 of 22 GO 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc.,with Its permission) iJTHE HARTFORD However, this paragraph does not apply to liability for damages because of "property damage" that the Insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or"suit" by or on behalf of a governmental authority. g. Aircraft,Auto Or Watercraft (1) Unmanned Aircraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft". Use includes operation and"loading or unloading". This Exclusion 9.(1) applies even if the claims against any insured allege negligence or other wrongdoing In the supervision, hiring, employment, training or monitoring of others by that insured, if the"bodily injury" or "property damage" arises out of the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft". (2) Aircraft(Other Than Unmanned Aircraft),Auto or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft (other than "unmanned aircraft"), "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This Exclusion 9.(2) applies even if the claims against any insured allege negligence or other wrongdoing In the supervision, hiring, employment, training or monitoring of others by that insured, if the"bodily injury" or "property damage" arises out of the ownership, maintenance, use or entrustment to others of any aircraft (other than "unmanned aircraft"), "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This Exclusion g.(2)does not apply to: (a) A watercraft while ashore on premises you own or rent; (b) A watercraft you do not own that is: (i) Less than 51 feet long; and (11) Not being used to carry persons or property for a charge; (c) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (d) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft (other than"unmanned aircraft")or watercraft; (a) "Bodily injury"or"property damage" arising out of: (1) The operation of any of the machinery or equipment listed In Paragraph L(2) or f.(3) of the definition of"mobile equipment"; or (ii) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of"mobile equipment"if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance or motor vehicle registration law where it is licensed or principally garaged; or (f) An aircraft (other than "unmanned aircraft") that is not owned by any insured and is hired, chartered or loaned with a paid crew. However, this exception does not apply if the insured has any other insurance for such "bodily Injury" or "property damage", whether the other Insurance is primary, excess, contingent or on any other basis. h. Mobile Equipment "Bodily injury"or"property damage"arising out of: (1) The transportation of"mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of"mobile equipment" In, or while in practice or preparation for, a prearranged racing, speed or demolition contest or in any stunting activity. Form SL 00 0010 18 page 6 of 22 O 2018, The Hartford (May include copyrighted material of Insurance Services office, Inc.,with its permission) THE HARTFORD 1. War "Bodily Injury", "property damage" or "personal and advertising injury", however caused, arising, directly or indirectly, out of. (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. j. Professional Services "Bodily injury", "property damage" or"personal and advertising injury" arising out of the rendering of or failure to render any professional service. This includes but is not limited to: (1) Legal, accounting or advertising services; (2) Preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; (3) Supervisory, inspection, architectural or engineering activities; (4) Medical, surgical, dental, x-ray or nursing services, treatment, advice or instruction; (5) Any health or therapeutic service treatment, advice or Instruction; (6) Any service, treatment, advice or Instruction for the purpose of appearance or skin enhancement, hair removal or replacement or personal grooming; (7) Optical or hearing aid services including the prescribing, preparation, fitting, demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices; (8) Optometry or optometric services including but not limited to examination of the eyes and the prescribing, preparation, fitting, demonstration or distribution of ophthalmic lenses and similar products; (9) Any: (a) Body piercing (not Including ear piercing); (b) Tattooing, including but not limited to the insertion of pigments into or under the skin; and (c) Similar services; (10)Pharmaceutical services including but not limited to: (a) The administering, prescribing, preparing, distributing or compounding of pharmaceutical drugs, vaccinations, immunizations or any of their component parts; (b) The providing of or failure to provide home health care or home infusion products or services; and (c) Advising and consulting customers; (11)Computer consulting,design or programming services, including web site design. This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the "bodily injury", "property damage", or "personal and advertising injury" arises out of the rendering of or the failure to render any professional service. Paragraphs(4)and (6) of this exclusion do not apply to the Incidental Medical Malpractice coverage afforded under Paragraph 1.e. in Section A.Coverages. k. Damage To Property "Property damage"to: (1) Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; Form SL 00 00 1018 Page 7 of 22 4 2018, The Hartford (May Include copyrighted material of Insurance Services Office, Inc.,with its permission) THE HARTFORD (3) Property loaned to you; (4) Personal property In the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section D. Limits Of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs(3)and(4)of this exclusion do not apply to the use of elevators. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs (3) and (4) of this exclusion do not apply to "property damage" to borrowed equipment while not being used to perform operations at a job site, Paragraph (6)of this exclusion does not apply to "property damage" included in the "products-completed operations hazard". I. Damage To Your Product "Property damage"to"your product" arising out of it or any part of it. m. Damage To Your Work "Property damage" to "your work" arising out of It or any part of it and Included In the "products-completed operations hazard". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. n. Damage To Impaired Property Or Property Not Physically Injured "Property damage"to"Impaired property"or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in"your product"or"your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with Its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to"your product"or"your work"after it has been put to its intended use. o, Recall Of Products,Work Or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product'; (2) "Your work"; or (3) "Impaired property"; If such product, work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. p. Personal And Advertising Injury "Personal and advertising injury": (1) Arising out of oral, written, electronic, or any,other manner of publication of material, if done by or at the direction of the Insured with knowledge of Its falsity; Form SL 00 00 10 18 Page 8 of 22 ©2418, The Hartford (May Include copyrighted material of Insurance Services Office, Inc.,with its permission) THE HARTFORD (2) Arising out of oral, written, electronic, or any other manner of publication of material whose first publication took place before the beginning of the policy period; (3) Arising out of a criminal act committed by or at the direction of the insured; (4) Arising out of any breach of contract, except an implied contract to use anther's "advertising idea" in your"advertisement"; (6) Arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your"advertisement"; (6) Arising out of the wrong description of the price of goods, products or services; (7) Arising out of: (a) Any actual or alleged infringement or violation of any intellectual property rights, such as copyright, patent, right of publicity, trademark, trade dress, trade name, trade secret, service mark or other designation of origin or authenticity; or (b) Any injury or damage alleged in any claim or"suit"that also alleges an infringement or violation of any Intellectual property right, whether such allegation of infringement or violation Is made against you, or by you or by any other party involved in the claim or"suit", regardless of whether this insurance would otherwise apply, However, this exclusion does not apply if the only allegation in the claim or "suit" involving any intellectual property right is limited to: (1) Infringement, In your"advertisement", of; a. Copyright; b. Slogan; unless the slogan is also a trademark, trade dress, trade name, service mark or other designation of origin or authenticity;or c. Title of any literary or artistic work; or (il) Copying, in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement". Paragraph (7)(b)li above shall not apply to claims or "suits" alleging infringement or violation of trademark, trade dress, trade name, service mark or other designation of origin or authenticity. (8) Arising out of an offense committed by an insured whose business is, (a) Advertising, broadcasting, publishing or telecasting; (b) Designing or determining content of web sites for others; or (c) An Internet search, access, content or service provider. However, this exclusion does not apply to Paragraphs a., b. and c. under the definition of"personal and advertising injury"in Section F. Liability And Medical Expenses Definitions. For the purposes of this exclusion, the placing of frames, borders, or links, or advertising, for you or others anywhere on the Internet, is not by itself, considered the business of advertising, broadcasting, publishing or telecasting; (9) Arising out of an electronic chat room or bulletin board the insured hosts, owns, or over which the insured exercises control; (10)Arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatags, or any other similar tactics to mislead anther's potential customers; (11)Arising out of the violation of a person's right of privacy created by any state or federal act. However, this exclusion does not apply to liability for damages that the insured would have in the absence of such state or federal act; (12)Arising out of. (a) Advertising content for others on your web site; (b) Placing a link to a web site of others on your web site; Forth SL 00 00 10 18 Page 9 of 22 ©2018,The Hartford (May include copyrighted material of Insurance Services Office, Inc., with Its permission) THE.F HAR7'FORp (c) Content from a web site of others displayed within a frame or border on your web site. Content includes Information, code, sounds, text, graphics or images; or (d) Computer code, software or programming used to enable: (1) Your web site; or (ii) The presentation or functionality of an "advertisement"or other content on your web site; (13)Arising out of a violation of any anti-trust law; (14)Ar€sing out of the fluctuation in price or value of any stocks, bonds or other securities; (15)Arising out of any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health Information or any other type of nonpublic informatlon. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of any access to or disclosure of any person's or organization's confidential or personal information; or (16)Arising out of the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft". Use includes operation and"loading or unloading". This exclusion applies even if the claims against any Insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "personal and advertising injury" arises out of the ownership, maintenance, use or entrustment to others of any aircraft that is an"unmanned aircraft". However, this exclusion does not apply if the only allegation in the claim or"suit" involves an Intellectual property right which is limited to; (a) Infringement, in your"advertisement", of: (1) Copyright; (11) Slogan;or (iii)Title of any literary or artistic work; or (b) Copying, in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement". q. Access Or Disclosure Of Confidential Or Personal Information And Data-Related Liability (1) Damages because of"bodily injury"or"property damage" arising out of any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2) Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate"electronic data". This exclusion applies even if such damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraphs (1) or(2)above. However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of"bodily injury" r. Employment-Related Practices "Bodily injury"or"personal and advertising injury"to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment;or Farm SL 00 00 10 18 Page 10 of 22 ®2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc.,with its permission) THE HARTF�RD (c) Employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination, malicious prosecution or false arrest directed at that person; or (2) The spouse, child, parent, brother or sister of that person as a consequence of"bodily injury"or"personal and advertising injury" to that person at whom any of the employment-related practices described in Paragraphs(a), (b), or(c)above is directed. This exclusion applies: (1) Whether the injury-causing event described In Paragraphs (a), (b), or (c) above occurs before employment, during employment or after employment of that person; (2) Whether the insured may be liable as an employer or In any other capacity; and (3) To any obligation to share damages with or repay someone else who must pay damages because of the injury. s. Asbestos (1) 'Bodily injury", "property damage" or "personal and advertising injury" arising out of the "asbestos hazard". (2) Any damages,judgments,settlements, loss, costs or expenses that: (a) May be awarded or incurred by reason of any claim or "suit" alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the"asbestos hazard'; (b) Arise out of any request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of an "asbestos hazard"; or (e) Arise out of any claim or"suit"for damages because of testing for, monitoring, cleaning up, removing, encapsulating, containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of an"asbestos hazard". t. Recording And Distribution Of Material Or Information In Violation Of Law "Bodily injury", "property damage", or"personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act(TCPA), including any amendment of or addition to such law; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; (3) The fair Credit Reporting Act(FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transaction Act(FACTA); or (4) Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. Damage To Premises Rented To You—Exception For Damage By Fire, Lightning Or Explosion Exclusions c. through h. and k. through o, do not apply to damage by fire, lightning or explosion to premises rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section D. Liability And Medical Expenses Limits Of Insurance, 2. Applicable To Medical Expenses Coverage We will not pay expenses for"bodily injury": a. Any Insured To any insured, except"volunteer workers". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. Form SL 00 00 10 18 Page 11 of 22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THE HARTFORD c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies, d. Workers' Compensation And Similar Laws To a person, whether or not an "employee" of any insured, If benefits for the "bodily injury" are payable or must be provided under a workers'compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports or athletic contests. f. Products-Completed Operations Hazard Included with the"products-completed operations hazard". g. Business Liability Exclusions Excluded under Business Liability Coverage, C. WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business, other than that described in b. through e.below, of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their'spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers, d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an Insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured. a. Employees And Volunteer Workers Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers(if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these"employees"or"volunteer workers"are Insureds for: (1) "Bodily injury"or"personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), or to a co-"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other"volunteer workers"while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or that"volunteer worker" as a consequence of Paragraph(1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs(1)(a)or(b)above; or (d) Arising out of his or her providing or failing to provide professional health care services. If you are not in the business of providing professional health care services, Paragraph (d)does not apply to any nurse, emergency medical technician or paramedic employed by you to provide such services. (2) "Property damage"to property: Form SL 00 00 10 18 Page 12 of 22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THE HARTFORD (a) Owned, occupied or used by: (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your"employees", "volunteer workers", any partner or member (if you are a partnership orjoint venture), or any member(if you are a limited liability company). b. Real Estate Manager Any person (other than your "employee" or"volunteer worker"), or any organization while acting as your real estate manager. c. Temporary Custodians Of Your Property Any person or organization having proper temporary custody of your property if you die, but only. (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this insurance. e. Unnamed Subsidiary Any subsidiary and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50%a of the voting stock on the effective date of this Coverage Part. The insurance afforded herein for any subsidiary not shown in the Declarations as a named insured does not apply to injury or damage with respect to which an insured under this insurance is also an insured under another policy or would be an insured under such policy but for its termination or upon the exhaustion of Its limits of insurance. 3. Newly Acquired Or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or farm the organization or the end of the policy period, whichever is earlier; and b. Coverage under this provision does not apply to: (1) 'Bodily injury"or"property damage"that occurred; or (2) "Personal and advertising injury"arising out of an offense committed before you acquired or formed the organization. 4. Operator Of Mobile Equipment With respect to"mobile equipment"any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other Insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury"to a co"employee" of the person driving the equipment;or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 5. Operator Of Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons or property for a charge, any person Is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: Form SL 00 0010 18 Page 13 of 22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc.,with its permission) THE HARTFORD a. "Bodily injury"to a co-"employee"of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. No person or organization is an insured with respect to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Insured in the Declarations. D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 1. The Most We Will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of; a. Insureds; b. Claims made or"suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. Aggregate Limits The most we will pay for: a. Damages because of "bodily Injury" and "property damage" included in the "products-completed operations hazard" Is the Products-Completed Operations Aggregate Limit shown In the Declarations. b. Damages because of all other "bodily injury", "property damage" or "personal and advertising injury", including medical expenses, is the General Aggregate Limit shown in the Declarations. This General Aggregate limit does not apply to "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of fire, lightning or explosion. 3. Each Occurrence Limit Subject to 2.a. or 2.15 above, whichever applies, the most we will pay for the sum of all damages because of all "bodily Injury", "property damage" and medical expenses arising out of any one "occurrence" is the Liability and Medical Expenses Limit shown in the Declarations. The most we will pay for all medical expenses because of "bodily Injury" sustained by any one person is the Medical Expenses Limit shown in the Declarations. 4. Personal And Advertising Injury Limit Subject to 2.b. above, the most we will pay for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization is the Personal and Advertising Injury Limit shown in the Declarations, 5. Damage To Premises Rented To You Limit The Damage To Premises Rented To You Limit is the most we will pay under Business Liability Coverage for damages because of"property damage" to any one premises, while rented to you, or In the case of damage by _fire, lightning or explosion,while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. B. How Limits Apply To Additional Insureds The most we will pay on behalf of a person or organization who is an additional insured under this Coverage Part Is the lesser of: a. The limits of insurance required in a written contract,written agreement or permit;or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to the Limits of Insurance shown in the Declarations and described in this Section. If more than one limit of insurance under this Policy and any endorsements attached thereto applies to any claim or "suit", the most we will pay under this Policy and the endorsements is the single highest limit of liability of all Form SL 00 00 10 18 Page 14 of 22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc.,with its permission) THE HARTFORD coverages applicable to such claim or "suit". However, this paragraph does not apply to the Medical Expenses limit set forth In Paragraph 3. above. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual .period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown In the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. Notice Of Occurrence Or Offense You or any additional insured under this Coverage Part must see to it that we are notified as soon as practicable of an"occurrence"or an offense which may result in a claim, To the extent possible, notice should Include: (1) How, when and where the"occurrence"or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the"occurrence"or offense. b. Notice Of Claim If a claim is made or"suit" is brought against any insured, you or any additional insured under this Coverage Part must: (1) Immediately record the specifics of the claim or"suit"and the date received; and (2) Notify us as soon as practicable. You or any additional insured under this Coverage Part must see to it that we receive a written notice of the claim or"suit"as soon as practicable. c. Assistance And Cooperation Of The Insured You and any other Involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or"suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the Investigation, settlement of the claim or defense against the"suit'; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization that may be liable to the insured because of injury or damage to which this insurance may also apply, d. Obligations At The Insured's Own Cost No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. e. Additional Insured's Other Insurance If we cover a claim or"suit" under this Coverage Part that may also be covered by other insurance available to an additional Insured under this Coverage Part, such additional insured must submit such claim or"suit"to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract, written agreement or permit that this insurance Is primary and non-contributory with such additional insured's own insurance. f. Knowledge Of An Occurrence, Offense,Claim Or Suit Paragraphs a. and b. apply to you or to any additional insured under this Coverage fart only when such "occurrence",offense, claim or"suit" is known to: Farm SL 00 00 10 18 Page 15 of 22 O 2018,The Hartford (May include copyrighted material of Insurance Services Office, Inc.,with its permission) 11 THE HARTFORD (1) You or any additional insured under this Coverage Part that Is an individual; (2) Any partner, If you or an additional insured under this Coverage Part is a partnership; (3) Any manager, if you or an additional Insured under this Coverage Part is a limited liability company; (4) Any"executive officer"or insurance manager, if you or an additional insured under this Coverage Part is a corporation; (5) Any trustee, if you or an additional insured under this Coverage Part is a trust; or (6) Any elected or appointed official, if you or an additional insured under this Coverage Part is a political subdivision or public entity. This Paragraph f. applies separately to you and any additional insured under this Coverage Part. 3. Legal action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us Into a "suit"asking for damages from an insured; or b. To sue us on this Coverage Part unless all of Its terms have been fully compiled with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this insurance or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim Is made or"suit"Is brought. 5. Representations a. When You Accept This Policy By accepting this Policy, you agree: (1) The statements in the Declarations are accurate and complete, (2) Those statements are based upon representations you made to us; and (3) We have issued this Policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fall to disclose all hazards relating to the conduct of your business at the inception date of this Coverage Part, we shall not deny any coverage under this Coverage Part because of such failure. 6. Other Insurance If other valid and collectible insurance is available for a loss we cover under this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance Is primary except when b. below applies. If other insurance Is also primary, we will share with all that other insurance by the method described In c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk, Owner Controlled Insurance Program or OCIP, Contractor Controlled Insurance Program or CCIP, Wrap Up Insurance or similar coverage for "Your work"; Form SL 00 0010 18 Page 16 of 22 ©2018, The Hartford � (May include copyrighted material of Insurance Services Office, Inc.,with its permission) THE HARTFORD (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is Insurance purchased by you to cover your liability as a tenant for"property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft,Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft,"autos"or watercraft to the extent not subject to Exclusion g.of Section B.Exclusions. (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of"property damage"to borrowed equipment or the use of elevators to the extent not subject to Exclusion k.of Section B. Exclusions. (6) When You Are Added As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that Insurance; or (7) When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part; (a) Primary Insurance When Required By Contract This insurance Is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary,we will share with all that other insurance by the method described in c, below. (b) Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other Insurance. Paragraphs(a)and(b)do not apply to other Insurance to which the additional insured has been added as an additional Insured. When this insurance is excess, we will have no duty under this Coverage Part to defend the insured against any "suit" If any other insurer has a duty to defend the insured against that"suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this Insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of. (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of Insurance or none of the loss remains,whichever comes first. Form SL 00 00 10 18 Page 17 of 22 O 2018,The Hartford (May include copyrighted material of Insurance Services Office, Inc.,with its permission) THE HARTFORD If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each Insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 7. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights.are transferred to us, The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization In a contract, agreement or permit that was executed prior to the injury or damage. F. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purpose of this definition: a. Notices that are published Include material placed on the Internet or on similar electronic means of communication; and b. Regarding web sites, only that part of a web site that is about your goods, products or services for the purpose of attracting customers or supporters is considered an advertisement. 2. "Advertising idea" means any idea for an "advertisement". 3. "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. 4. "Auto" means: a. A land motor vehicle, trailer or semi-trailer designed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance or motor vehicle registration law where it is licensed or principally garaged. However, "auto" does not include"mobile equipment". 5. "Bodily Injury" means physical: a. Injury; b. Sickness; or c. Disease sustained by a person and, if arising out of the above, mental anguish or death at any time. 6. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included In a.above; c. All other parts of the world If the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in a.above; (2) The activities of a person whose home is in the territory described in a.above, but is away for a short time on your business; or Form SL 00 00 10 18 Page 18 of 22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) TH9 HARTFORD (3) "Personal and advertising injury"offenses that take place through the Internet or similar electronic means of communication, provided the insured's responsibility to pay damages is determined in the United States of America (including its territories and possessions), Puerto Rico or Canada, in a "suit" on the merits according to the substantive law in such territory, or in a settlement we agree to. 7. "Electronic data" means information, facts or computer programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), on hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other repositories of computer software which are used with electronically controlled equipment The term computer programs, referred to in the foregoing description of "electronic data", means a set of related electronic instructions which direct the operations and functions of a computer or device connected to it,which enable the computer or device to receive, process, store, retrieve or send data. 8. "Employee" includes a"leased worker". "Employee"does not include a"temporary worker". 9. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by- laws or any other similar governing document. 10. "Hostile fire"means one which becomes uncontrollable or breaks out from where it was intended to be. 11. "Impaired property" means tangible property, other than "your product" or"your work", that cannot be used or is less useful because: a. It incorporates"your product" or"your work" that is known or thought to be defective, deficient, Inadequate or dangerous;or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by: a. The repair, replacement, adjustment or removal of"your product"or"your work"; or b. Your fulfilling the terms of the contractor agreement. 12. "Insured contract"means: a. A contract for a lease of premises, However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning or explosion to premises while rented to you or temporarily occupied by you with permission of the owner is subject to the Damage To Premises Rented To You limit described in Section D. Liability And Medical Expenses Limits Of Insurance. b. A sidetrack agreement; c. Any easement or license agreement, including an easement or license agreement in connection with construction or demolition operations on or within 50 feet of a railroad; d. Any obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; or f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. Includes that part of any contract or agreement that indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle,tracks, road-beds, tunnel, underpass or crossing. However, Paragraph f.does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or Form 5L 00 00 10 18 Page 19 of 22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc.,with its permission) THE HARTFORD (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the Insured's rendering or failure to render professional services, Including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 13. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". 14. "Loading or unloading" means the handling of property: a. After It is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto'; b. While it Is in or on an aircraft,watercraft or"auto'; or c. While it is being moved from an aircraft,watercraft or"auto"to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or"auto". 15. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers,farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, on which are permanently mounted: (1) rower cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in a., b., c., or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b.,c.,or d.above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not"mobile equipment" but will be considered "autos": (1) Equipment, of at least 1,000 pounds gross vehicle weight, designed primarily for; (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (a) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. However, "mobile equipment" does not include any land vehicle that Is subject to a compulsory or financial responsibility law or other motor vehicle insurance or motor vehicle registration law where they are licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law or motor vehicle registration law are considered"autos". 16. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 17. "Personal and advertising injury" means injury, Including consequential "bodily injury", arising out of one or more of the following offenses; Form 5L 00 00 10 18 Page 20 of 22 O 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THE HARTFORD a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person or organization occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral, written, electronic, or any other manner of publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written, electronic, or any other manner of publication of material that violates a person's right of privacy; f. Copying, in your"advertisement", a person's or organization's"advertising idea"or style of"advertisement'; or g. Infringement of copyright, slogan, or title of any literary or artistic work, in your"advertisement". 18. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 19. "Products-completed operations hazard"; a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of"your product"or"your work"except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed to be completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete,will be treated as completed. The "bodily injury" or "property damage" must occur away from premises you own or rent, unless your business includes the selling, handling or distribution of"your product" for consumption on premises you own or rent. b. Does not Include"bodily injury"or"property damage"arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the"loading or unloading" of that vehicle by any insured; or (2) The existence of tools, uninstalied equipment or abandoned or unused materials. 20. "Property damage"means: a. Physical injury to tangible property, including all resulting loss of use of that property.All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of"occurrence"that caused it. As used in this definition, "electronic data"is not tangible property. 21. "Suit" means a civil proceeding in which damages because of"bodily injury", "property damage" or"personal and advertising injury"to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding In which such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. Form St-00 00 10 18 Page 21 of 22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc.,with its permission) If 1dTHE HARTFORD 22. "Temporary worker"means a person who is furnished to you to substitute for a permanent"employee"on leave or to meet seasonal or short-term workload conditions. 23. "Unmanned aircraft"means an aircraft that Is not; a. Designed; b. Manufactured; or c. Modified after manufacture; to be controlled directly by a person from within or on the aircraft. 24. "Volunteer worker" means a person who: a. Is not your"employee"; b. Donates his or her work; c. Acts at the direction of and within the scope of duties determined by you; and d. Is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 25. "Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of"your product"; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 26. "Your work": a. Means; (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations, b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of"your work"; and (2) The providing of or failure to provide warnings or instructions. Form SL 00 0010 18 Page 22 of 22 ©2018,The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) CITY OF SANTA ANA , . Risk Management a division of Human Resources Managing Risk through Awareness and Action AFFIDAVIT OF EXEMPTION FOR WORKERS' COMPENSATION INSURANCE 1 R. Ranger Dorn ("Representative"),attest that I am an authorized (Name and Title of Vendor Representative) representative of Utility Response Training Associates, LLC ("Company"),p Company„), and (Consultant/Company Name) possess the authority to legally bind Company. In my capacity as Representative of Company, I represent and confirm the following, as relates to the agreement between Company and City of Santa Ana, agreement number A-2024-195 provide I C S Training ("Agreement")to p ("Services"): (Services to be provided under agreemcnt/contract) During the course and scope of Company's agreement with the City of Santa Ana,Company will not employ any person in any manner so as to become subject to the workers' compensation laws of California, and agree that if Company should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, Company shall forthwith comply with the provisions and provide proof of workers' compensation coverage immediately. If at any time it is found that Company is not adhering to any and/or all of the statements in this document and does not maintain the minimum workers`compensation insurance coverage as required in the Agreement,it will be considered a breach of Agreement rendering the Agreement null and void and Company will be fully liable for any and all damages. 1 -5-2026 Signature Gate R. Ranger Dorn Print Name Managing Partner Title 505-701 -1459 ranger.dorn@urtaIlc.com Contact Information,i.e.,Telephone Number and/or Email Address WARNING: FAILURE TO SECURE WORKERS'COMPENSATION COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSANT DOLLARS($100,000).IN ADDITION TO THE COST OF COMPENSATION,DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST,AND ATTORNEY'S FEES. Affidavit of Exemption for Workers'Compensation Insurance 11.12.2024