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HomeMy WebLinkAboutELITE COMMAND TRAINING CORPORATION (2) INSURANCE ON FILE A-2D26-052 J0 , iAT,'rPCCEEC CITY DO' MAY 0 7 2026 o Fi f(R) AGREEMENT WITH ELITE COMMAND TRAINING CORPORATION TO PROVIDE M.tmrenson(uz) L-960 ALL HAZARDS POSITION SPECIFIC DIVISION/GROUP SUPERVISOR TRAINING SERVICES FOR THE URBAN AREA SECURITY INITIATIVE (UASI) GRANT PROGRAM THIS AGREEMENT is made and entered into on this 215t day of April, 2026 by and between Elite Command.Training Corporation,a Washington Corporation,("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 December 23, 2025, the City issued Request for Proposal No. 25-151A ("RFP") seeking a contractor to provide L-960 All Hazards Position Specific Division/Group Supervisor Training for the Urban Area Security Initiative (UASI)grant program. B. These courses are in support of the Anaheim/Santa Ana Urban Area ("ASAUA") Homeland Security Regional Training and Exercise Program and will be funded by a grant awarded to the City by the United States Department of Homeland Security's Urban Areas Security Initiative ("UASI") and administered by SAPD. The ASAUA consists of the incorporated cities in Orange County and the police departments of the University of California, Irvine, California State University, Fullerton, and community colleges in the County of Orange. C. 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. D. 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 Page 1 of 9 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 $89,890. 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 April 20, 2029, with the option for the City to grant up to 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 Page 2 of 9 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. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents,employees,contractors, special counsel, and representatives from liability: (1)for personal injury,damages,just compensation,restitution,judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) 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. Page 3 of 9 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-I 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 Page 4 of 9 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 Ca1PERS 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. Page 5 of 9 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. Page 6 of 9 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event,Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy.No waiver of any breach,failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 19. JURISDICTION—VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals,waivers,and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. FEDERAL REGULATIONS a. Elite Command Training Corporation 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 Page 7 of 9 contrary herein, including without limitation, the language in this Agreement, the actual language contained in federal statutes,federal regulations,federally promulgated materials and state statutes, shall control in determining any obligations under federal law in the event of a conflict with any terms, language or provisions contained in this Agreement. Elite Command Training Corporation 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. Elite Command Training Corporation 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: Elite Command Training Corporation 26741 Portola Parkway Suite 1E 833 Foothill Ranch, CA 92610 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. Page 8 of 9 I 23. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact,held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. i I IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: -- XCITYOTA ANA r IF HA ALVARO NUNEZ City C City Manager APPROVED AS TO FORM: CONTRACTOR: SONIA R. CARVALHO City Attorney By: LIU/ V, TAMARA BOGOSIAN By. =tck.e Senior Assistant City Attorney Title4.{.�o,eS .10 M K RECOMMENDED FOR APPROVAL: �. 3 L 9 _ I Robert Rodriguez o Chief of Police i Page 9 of 9 I EXHIBIT A Scope of Work CITY OF SANTA ANA EXHIBIT 1 - SCOPE OF SERVICES I. REQUIREMENTS 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 category/field. 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. 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. 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 bythe 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. II. TRAINING COURSE(S) A. ASAUA requires training courses in the following specific disciplines: i. Training Request for: L960:All—Hazards Position Specific Division/Group Supervisor (9) CITY OF SANTA ANA III. 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 must be conducted no later than May 15, 2026. C. Course Name: L960: All—Hazard Position Specific Division/Group Supervisor D. Course Description: The course will provide local-and state- level emergency responders with a robust understanding of the duties, responsibilities, and capabilities of an effective Division/Group Supervisor on an All-Hazards Incident Management Team (AHIMT). i. Number of Deliveries Being Requested: Up to 10 ii. Number of Students per Delivery: Minimum of 20 students E. Responsibilities of the City of Santa Ana and the Anaheim/Santa Ana Urban Area: i. -Classroom with space to arrange students in groups ii. -Audio/Visual Equipment iii. -Multiple easels, dry erase board, and markers F. Responsibilities of the Training Provider: i. -Laptop ii. -Presentation &training aids. iii. -Professional instruction G. Notice to Respondents: L 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 Security Grant Program prior to delivery. Refer to the Cal OES website at: http://www.ca loes.ca.gov/ca I-oes-d ivisions/ca lifornia-specialized-train ing-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 CITY 4F SANTA ANA 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,ortraining 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. 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, CITY OF SANTA ANA xv. The anticipated start date of this agreement is Winter 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 POSTcertifications 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/training 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 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. xxiv. L960: All -- Hazards Position Specific Division/Group Supervisor 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. CITY OF SANTA ANA xxv. Contractor shall ensure that,when required,an Fnvironmental 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. IV. DELIVERABLES REPORTS FOR TRAINING COURSES A. Course Surveys/ 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. V. 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. VI. 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. (9) CITY OF SANTA ANA VI1. 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 Fxhibits 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. VIII. 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 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. (9) CITY OF SANTA ANA iX. ACCOUNT MANAGER/SUPPORT STAFF FOR TRAINING COURSES A. Proposer shall provide a dedicated, competent Account Manager who shall be responsible for the City's account/ agreement. The Account Manager shall receive all orders from the City and shall be the primary contact for all issues regarding the Proposer's response to this 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. Q. Contractor's Account Manager shall keep the City and ASAUA Training & Exercise Program Manager informed of requests from departments. EXHIBIT B Costs Proposal ,E7V :Z.X.K 7 w RFR NO. 25-151A(January 22, 2026) 40c> vllvTMV'x)� Wj?.ax11TIN4U Anaheim/Santa Ana UASI L-960 All Hazards Position Specific Division/Group Supervisor Training 2. COST PROPOSAL Course Name Item Amoun L-960 All Hazards Position Specific DivisionfGroup Supervisor Trai ning per course $8,989.00 delivery Minimum 20 Students Up to 10deliveries Page 17 626-290-6007 w""v.c litcco run a rd training.e om 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, provided that such policy is endorsed for business use and provides coverage with a minimum limit of $1,000,000. Required policy limits can be met with primary and umbrella/excess insurance policies. • 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(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Contractor for City. 3. All required insurance policies: For any claims related to this contract, Contractor's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. All required insurance policies: A severability of interest provision must apply for 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: Santa Ana Police Department, Attention: Nicholas Lopez, Police Sergeant, 60 Civic Center Plaza, M-18, 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-G) ATTACHMENT A — PROPOSER'S CERTIFICATION Elite Command Training Corp 626-290-6007 LEGAL NAME OF COMPANY PHONE NUMBER 26741 Portola Parkway Suite 1 E 833 Foothill Ranch 92610 BUSINESS ADDRESS Michael Bryant Ops Manager PRINTED NAME OF AUTHORIZED AGENT TITLE M;/j 1/15/2026 elite@elitecommandtraining.com SIGNATURE OF AUTHOUZED AGENT DATE E-MAIL ADDRESS DIR NUMBER CONTRACTOR LICENSE NUMBER (IFAPPLICABLE) CITY OF SANTAANA BUSINESS LICENSE NUMBER (PLEASE PROVIDE IF AVAILABLE,BUT NOT REQUIRED UNTIL AND IFAN A WARD IS MADE TO PROPOSER.) SMALL, LOCAL BUSINESS PREFERENCE Is your firm claim ingsmaII, local business preference forth is soIiciation? F1 Yes, my firm is a small Santa Ana business* ❑ Yes, my firm is a small Orange County business** j No, my firm is not claiming local business preference *Small Santa Ana business shall mean a business certified by the state department of general services as a small business, which has a substantial presence through either a headquarters or branch office within the geographical boundaries of the city,and which headquarters or branch office was established priorto the city inviting bids for the respective procurement. **Small Orange County business shall mean a business certified by the state department of general services as a small business,which has a substantial presence through either a headquarters or branch office within the geographical boundaries of Orange County, and which headquarters or branch office was established prior to the city inviting bids for the respective procurement. IF YOU ANSWERED YES, THEN YOU MUST SUBMIT YOUR BUSINESS LICENSE AND CA DEPARTMENT OF GENERAL SERVICES SMALL BUSINESS CERTIFICATION WITH YOUR PROPOSAL. A post office box address within the city shall not qualify as a valid business location. Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City ofSanta Ana,hereinafter City)shall constitute the entire agreement between Proposer and the City only after THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. I it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council,signed by the Executive Director or his duly authorized agent,and signed by the City Attorney,denoting her 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. Certification - I certify that I 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. ' I PROPOSER'S STATEMENTS: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals, including all Exhibits. I am able to provide the required insurance coverage and endorsements. Upon request,I will transfer and deliver goods or services to the City in accordance with said terms and conditions. CHECK ONE(1) BOX BELOW I have read, understood and agree to any and all provisions, including but not limited to insurance requirements and terms and conditions,contained in Exhitbit 2—Sample Agreement and Exhibit i have concerns-to the provisions contained in Exhibit 2—Sample Agreement and have included them in my proposal submission for consideration. c Signed: f� Title: Firm: Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ATTACH ME NT B - REFERENCES Consultant shall provide three (3) references from other similar public agencies for which services similar to those specified in this RFP have been performed, including contact names and telephone numbers. The respondent grants permission for the City to contact any individuals listed as references for additional information regarding your firm's qualifications. City may disqualify a Proposer if: • References fail to substantiate Proposer's description of services and deliverables provided; or • References fail to support that Proposer has a continuing pattern of providing capable, productive, and skilled personnel, or • City is unable to reach the point of contact with reasonable effort. It is the Proposer's responsibility to inform the point of contact(s) of normal City working hours. List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required, REFERENCE Customer Name: LA County Fire Department Contact Individual: Assistant Chief Jason Ghorbani Address: 320 N. Eastern Ave Phone Number: 626-622-5701 East LA, CA 90063 Email: Jason.Ghorbani@flre.lacounty.gov Contract Amount. $90,000 Year: 2025 & 2026 Description of supplies, equipment, or services provided: FEMA Command & General Staff Instructional Courses REFERENCE Customer Name: Long Beach Health Services Contact Individual: Sandy Wedgeworth Address: 3861 Wotsham Ave Phone Number: 949-307-0384 Long Beach, CA 90808 Email: sandy.wedgeworth@longbeach.gov Contract Amount: $78,000 Year: 2024, 2025 & 2026 Description of supplies, equipment, or services provided: FEMA Command & General Staff Instructional Courses THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. REFERENCE Anaheim FO North Nei Training Facility Executive Assistant Tracy McClellan Customer Marne: Contact Individual: Address: 2400 E. Orangewood Ave. Phone Number: 714-904-2162 Anaheim, CA 92806 Email: tmcclellan@anaheim.net Contract Amount: $40,000 Year: 2024 & 2025 Description of supplies, equipment, or services provided: AHIMT 0305 Courses THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ATTACHMENT C CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, 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 were published as Part VII of the May 26, 1988, Federal Register(Pages 19160-19211),and as subsequently amended in 81 Federal Register 25585. (Before completing certification, read instructions which are an integral part of certification) 1. Pursuant to 2 CFR 180.335,the prospective primary participant, (i.e.grantee)certifies to the best of its knowledge and belief,that it and its principals: a.Are not presently excluded or disqualified; b. Have not been convicted within the preceding three years of any of the offenses listed in 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 local)with commission of any of the offenses listed in 2 CFR 180.800(a);and d. Have not had one or more public transactions(Federal,State or local)terminated within the preceding three years for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Signature 0 011(' Name and Title of Official Authorized to Certify - r On Behalf of Vendor Date THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. i I ATTACHMENT D •-- 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, i 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 Form-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 subrecipients shall certify and disclose acc dingl Y Signed: /] Titles• f! V[�'1� -�'�~ Firm: + G ViJf��rrLrl�t� /lV�JV } Date: i i THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. I 1 PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. i I ATTACHMENT E -- NON-DISCRIMINATION CERTIFICATION The undersigned consultant or corporate officer, during the performance of this contract,certifies as follows: I 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. 3. 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, i 1965, 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. 1 1 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 each subcontract 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 I i Consultant may request that the United States enter into such litigation to protect the interests of the United 4 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL PROPOSALS THAT DO NOT CONTAIN THiS FORM WILL BE CONSIDERED NONRESPONSIVE. States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 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 violatingthis Section is subject to all the penalties imposed for a violation of the Chapter_ Signed: Title: r I Firm: t 1 �f blil01 i* 1V�/�✓ Date: I THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. I I ! I ATTACHMENT F - NON-COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA I 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 orsham;that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract;that all statements contained in the proposal are true; and,further,that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership,company association,organization,bid depository,or to any member or agent thereof to effectuate a collusive or sham proposal. Note: The above non-collusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this non-collusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. I Signed State of Zr�l ounty of Su scribed and sworn to_ (or affirmed) before me on this__,day of 20 d\6, by proved to me on the basis of satisfactory evidence to be the person(s)who appeared be ore me. YOUNG K. CHOI Comm # 2465608 .z , _R,= ORANGE County 'y'Califernia Notary Public" �SZ Comm Exp Oct. 5, 2027 .... .........-......................�• Notary Public Signature Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE YOUNG K 0101 NOTARY PUBLIC STATI'OF CAI.IFORNIA 7URAT Title of document attached: JU A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document- State I of California County of Orange Subseribed and sworn to (or affirmed) before me on this day of � U 2026, by I C�f1adI 7 proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. COMM # 2465608 Signature7i ORANGE County '= .California Notary Public Comm Exp „ Oct. 5, 2027 YOUNG K CHOI Commission#2465608 i Commission Expires Octobe05,2027 (949)455-0057 foothill.postandship.eom ATTACHMENT G - SAM.GOV UEI VERIFICATION On April 4, 2022,the federal government stopped using the DUNS Number to uniquely identify entities. Now, entities doing business with the federal government use the Unique Entity ID created in SAM.gov.They no , longer have to go to a third-party website to obtain their identifier.This transition allows the government to streamline the entity identification and validation process, making it easier and less burdensome for entities to do business with the federal government. This RFP includes federal funding,and as such,the proposer must provide verification of their SAM.gov UEI and registration status. Please attach your entity's registration from SAM.gov,including UEI and active registration status_ Proposer's UEI: .-A3W (OS e u1 .3t' � SAM.gov Registration Expiration Date: I Signed: Mdwp 6�� Date: I I I THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. 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 12689,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 same time period,Recipient shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s),for examination, copying, or mechanical reproduction on or off the premises of Recipient, upon request during usual working hours. d. Resorts—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 finds 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 finds,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 Lobbyingx 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 lI 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 Employment Opportunity—Recipient will comply, and all its contractors (or subrecipients) will comply,with all requirements of the Executive Order 11246 of September 24, 1965, entitled"Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations(41 CFR chapter 60),as applicable. k. Public Contracts Code—Recipient will comply,and all its contractors(or subrecipients) will comply,with all requirements of the California Public Contract Code Section 10295.3, as applicable. 1. Copeland"Anti-Kickback"Act —Recipient will comply,and all its contractors (or subrecipients)will comply,with all requirements of the Copeland"Anti-Kickback"Act(40 U.S.C. 3145)as supplemented in Department of Labor regulations(29 CFR Part 3), as applicable. in. 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 CIean Air Act, as amended, 42 U S.C. § 7401 et seq. (2) The contractor agrees to report each violation to CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. P. Energy and Conservation —Recipient will comply, and all its contractors (or subrecipients) will comply,with all requirements of the Energy Policy and Conservation Act(42 U.S.C. 6201), as applicable. q. Waste Disposal—Recipient will comply,and all its contractors(or subrecipients)will comply,with all requirements of Section 6002 of the Solid Waste Disposal Act,as amended by the Resource Conservation and Recovery Act, as applicable. r. Patent Rights—Recipient agrees that the Department of Homeland Security shall have the authority to seek patent rights for any process,product, invention or discovery developed and paid for with 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 Employment in Construction Contracts Pursuant to Equal Employment Opportunity requirements of 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375, as to any construction contract thereunder,if applicable, during the performance of this contract,the contractor agrees as follows: (1)The contractor will not discriminate against any employee or applicant for employment because of race,color,religion, sex, sexual orientation,gender identity,or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color,religion,sex, sexual orientation,gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading,demotion, or transfer;recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training,including apprenticeship.The contractor agrees to post in conspicuous places, available to employees and applicants for employment,notices to be provided setting forth the provisions of this nondiscrimination clause. (2)The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3)The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about,discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information,unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation,proceeding, hearing, or action,including an investigation conducted by the employer,or is consistent with the contractor's legal duty to furnish information. (4)The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding,a notice to be provided advising the said labor union or workers'representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5)The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules,regulations, and relevant orders of the Secretary of Labor. (6)The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules,regulations, and orders of the Secretary of Labor, or pursuant thereto,and will permit access to his books,records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations,or orders,this contract may be canceled, terminated,or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965,or by rule, regulation,or order of the Secretary of Labor,or as otherwise provided by law. (S)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 Tecluiology 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 wcbpage: https://www.epa.gov/smin/comprehensive- procurement-guideline-cpg-program. 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 time specified by this Agreement,the CITY reserves the right to terminate the Agreement,reserving all rights under state and federal law. X. Contractual/Legal Remedies for Breach of Contract—Should recipient fail for any reason to comply with the contractual obligations of this Agreement and/or willfully,knowingly or negligently breach any term,condition or requirement of the agreement, City may impose sanctions including but not limited to damages (liquidated damages and or penalties)and/or any other remedy available pursuant to the Agreement of the laws then in effect. 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. A,C ` CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 0110612026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER CONTACT NAME: Kathy Hughes Stewart Insurance Service,Inc. PHCNNo E,tt, (562)498-0669 -LFAX A (5.62)985-045.9 4515 E Anaheim Street ADDRESS:E-MAIL kathy@stawartins.com INSURER S AFFORDING COVERAGE LongBeach _ _ CA 90804 INSURERA: NAUTILUS INSURANCE COMPANY_ 17370 INSURED INSURER B: BERKLEY ASSURANCE COMPANY __ 32603_ Elite Command Training LLC INSURER C — - -- 12522 North Nine Mile Falls Road#355 INSURER D: INSURER E: _ Nine Mile Falls WA 99026 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR T TYPE OF INSURANCE ADDL SUBR1 POLICY EFF POLICY EXP LTR POLICY NUMBER MlDD M iDDlYYYY LIMITS �S COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE _ $ 1,000,000 L OCCUR i bA AGE TOR7ED — - HGEN'L CLAIMS_MADE /\ 5C7,000MED EXP(Any one person) $ 5,000A Y Y NN1tI41093 05/0212025 05/02/2026 1 PERSONAL&ADV INJURY $ 1,000,000 AGGREGATE LIMIT APPLIES PER: i GENERAL AGGREGATE $ 2,000,000 POLICY JE T I LOC I PRODUCTS-COMPIOP AGG $ INCLUDED -- OTHER: - $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ _IEa accidenU ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED - - -- - _ AUTOS ONLY FAUTOS I i BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Peraocldent $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAR I ....--- ..._._ CLAIMS-MADE1 AGGREGATE__ ❑ED RETENTION$ $ WORKERS COMPENSATION PER _ AND EMPLOYERS'LIABILITY YIN STA_rUf IERH _ __ E.L,EACH ACCIDENT ANY PROPRIETORlPARTNERIEXECUTIVE $ OFFICER/MEMBER EXCLUDED? LJ NIA (Mandatory In NH) If yes,descbbe under I EL DISEASE-EA EMPLOYE $ DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ f PROFESSIONAL LIABILITY EACH CLAIM LIMIT $1,000,000 B 1 Y VUMB0329772 09/0612025 09/06/2026 AGGRFGATE LIMIT $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,AddlUanal Remarks Schedule,may be attached if more space is required) PRIVATE TRAINING CLASSES FOR EMERGENCY MANAGEMENT FOR CITIES,COUNTIES AND CORPORATIONS. THE OWNER OF THE COMPANY IS THE ONLY COVERED INSTRUCTOR. NO COVERAGE FOR HIRED PRIVATE CONTRACTORS. BLANKET ADDITIONAL INSURED,BLANKET WAIVER OF SUBROGATION AND PRIMARY AND NON CONTRIBUTORY COVERAGE APPLIES TO THIS POLICY. ADDITIONAL INSURED: City of Santa Ana,its officers,officials,employees,and volunteers 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions. Subject to all terms and conditions included in the policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Risk Management Division ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana,CA 92702 APPROVED c0 1988-2015 ACOI ByTto Tran Nguyen at 3:12 pm,Jan 07,2026 ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Digitally signed by Tu Tran ll Tu Tran Nguyen Nguyen Date:2026.01.07 I V g u ye n 15:1228-08'fl0' POLICY NUMBER: NN1841093 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -- SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations CITY OF SANTA ANA, ITS OFFICERS, 20 CIVIC CENTER PLAZA, SANTA ANA, CA EMPLOYEES, AGENTS, VOLUNTEERS AND 92701 REPRESENTATIVES Information require i to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage"occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or an behalf of the additional insured(s) at the in he additional insured(s) at the location(s)performance of your ongoing operations for location of the covered operations has been the completed; or designated above. 2. That portion of "your work" out of which the However: injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds, the following is added to insurance; Section III—Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable limits of insurance. will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 O Insurance Services Office, Inc., 2018 CG 20 10 12 19 COMMERCIAL GENERAL LIABILITY POLICY #NN1841093 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) - AUTOMATIC STATUS WHEN REQUIRED IN WRITTEN CONTRACT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to 8. Transfer Of Rights Of Recovery Against Others To us of section IV — Commercial General Liability Conditions: When you have waived your right of recovery against a person or organization in a written contract signed and dated by both parties, we waive any right of recovery against that person or organization because of payment we make for injury or damage caused, in whole or in part, by your acts or omissions, or the acts or omissions of those acting on your behalf in the performance of your ongoing operations or "your work" done under such written contract with that person or organization and included in the "products-completed operations hazard". Such waiver applies only to the extent you have waived your right of recovery against such person or organization prior to the loss. All other terms and conditions remain unchanged. L609(06123) Includes copyrighted material of Insurance Services Office, Inc.,.with its permission. Page 1 of 1 Policy Number : NN1841093 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANCES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PRIMARY AND NONCONTRIBUTORY - AUTOMATIC STATUS WHEN REQUIRED IN A WRITTEN CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section 11 -Who Is An Insured is amended to include as an additional insured any person or organization when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage"or"personal and advertising injury" caused, in whole or in part, by. 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured, but only for "occurrences" or coverages not otherwise excluded In the Coverage Part to which this endorsement applies. However,the insurance afforded to such additional insured; 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. Status as an additional insured for the person or organization to which this endorsement applies: 1. Commences during the policy period and after such written contract or agreement has been executed; and 2. Ends when: a_ Your ongoing operations for that additional insured are completed; b. The contractor's contract or agreement is terminated; or c. Your policy cancels or expires; whichever occurs first. C. With respect to the insurance afforded to the additional insured, the following additional exclusions apply. This insurance does not apply to: 1. "Bodily injury", "property damage", "personal and advertising Injury" or medical payments arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, Including_ a. The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys,field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies evert if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering, or surveying services. L805(1011 A) Includes copy nghted material from Insurance Services Offire,Inc.,wilh Its permission. Page 1 of 2 2. "Bodily injury"or"property damage"occurring after; a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance, or repairs) to be performed by or on behalf of the additional insured(s)at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. D. with respect to the insurance afforded to the additional insured, the following is added to Section III —Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement you have entered into with the additional insured; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shalt not increase the applicable limits of insurance. E. The following is added to 4.a. of Other Insurance of Section IV - Commercial General Liability Conditions: If required in a written contract, the Coverage Part to which this endorsement applies is primary and noncontributory in the event of an "occurrence" caused, in whole or in part, by your acts or omissions, or the acts or omissions of those acting on your behalf that occurs while performing ongoing operations for the additional insured. All other terms and conditions remain unchanged. I-nor)t1 Oil a; Includes copyrighted ri hted material from insurance Services Office.inc..with its Permission. Page 2 of 2 POLICY #VUME0329772 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF SUBROGATION - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: ERRORS AND OMISSIONS COVERAGE FORM CLAIMS-MADE SCHEDULE Name of Person(s) or Organization(s): City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers. 20 Civic Center Plaza Santa Ana, CA 92702 (If no entry appears above, information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement). Section VII — Conditions, G. Transfer Of Rights Of Recovery Against Others To Us is amended by the addition of the following: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Form, Such waiver by us applies only, 1) to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to the date that the act, error or omission giving rise to the applicable "claim" first took place, and 2) such waiver is required under a written contract or agreement with such person(s) or organization(s). This endorsement applies only to the person(s)or organization(s) shown in the Schedule above. All other terms and conditions of this policy remain unchanged. VPRF 12 03 03 22 Includes copyrighted information of Insurance Services Page 1 of 1 Office, Inc., with its permission. CITY OF SANTA ANA o Risk Management a division of Human Resources Managing Risk through Awareness and Action AFFIDAVIT OF EXEMPTION FOR AUTOMOBILE LIABILITY INSURANCE I, Michael Bryant ("Representative"), attest that 1 am an authorized (Name and Title of vendor Representative) representative of Elite Command Training ("Company"), and (ConsultantlCompany 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 /I-2025-01 41A-2024-0$3 agreement between Company and City of Santa Ana, agreement number ("Agreement")to provide Training Courses ("Services"): (Services to be provided under agreement/contract) During the course and scope of Company's agreement with the City of Santa Ana, Company employees, consultants,representatives,and agents will not use and/or drive any Company owned/rented/leased/borrowed vehicles to perform Services to,for,or on behalf of City of Santa Ana. 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 automobile liability 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. 06/30/2025 Signature Date Michael Bryant Print Name Operations Manager Title 626-290-6007 Contact information,i.e.,Telephone Number and/or Email Address Affidavit of Exemption for Automobile Liability Insurance 11.12.2024 CITY OF SANTA ANA Risk Management a division of Human Resources r--"N Managing Risk through Awareness and Action -Al-L'' AFFIDAVIT OF EXEMPTION FOR WORKERS' COMPENSATION INSURANCE I Michael Bryant ("Representative"), attest that I am an authorized (Name and Title of Vendor Representative) representative of kite Command Training ("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-2025-014/A-2024-083 ("Agreement")to provide Training Courses ("Services"): (Services to be provided under agreement/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. 06/30/2025 Signature Date Michael Bryant Print Name Operations Manager Title 626-290-6007 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