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SIERRA CYBERNETICS, INC.
INSURANCE NOT ON FILE WORK MAY NO PROCEED FEB 2 2 202�,LERK OF COUNCIL DATE: A-2021-015-01 PROFESSIONAL SERVICES AGREEMENT FOR INFORMATION TECHNOLOGY AS NEEDED PROFESSIONAL SERVICES CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 2nd day of February, 2021, by and between Sierra Cybernetics, Inc_, ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On October 26, 2020, the City issued Request for Proposal No. 20-124, attached hereto as Exhibit B, by which it sought proposals from qualified firms to provide Information Technology (IT) as -needed professional services, including a broad range of IT support, maintenance and new project consulting for its various departments. B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that Consultant is able and willing to provide such services described in the scope of services that was included in Request for Proposal No. 20-124 and Request for Proposal No. 20-124 Addendum #1, attached hereto as Exhibit C. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an as -needed basis, and at the sole discretion of City, Consultant 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 Consultant's Proposal attached hereto as Exhibit A. When the need for services arise, City may initiate services through use of a letter agreement, executed by the Chief Technology Innovations Officer and the Consultant. Consultant shall be responsible for providing all requested services pursuant to the terms and requirements found in Request for Proposal No. 20-124, attached hereto as Exhibit B, as well as Request for Proposal No. 20-124 Addendum #1, attached hereto as Exhibit C. Specifically, Consultant must comply with the general requirements found in Section III.A of Request for Proposal No. 20-124, as amended by Request for Proposal No. 20-124 Addendum #I. If there are any conflicts between the terms or requirements in the applicable documents referenced herein, the order of precedence shall be as follows: this Agreement; Consultant's Proposal; Request for Proposal No. 20-124 Addendum #1; and, Request for Proposal No. 20-124. Page 1 of 10 2. COMPENSATION a, The total sum to be expended under this Agreement shall not exceed Three Million Dollars ($3,000,000) annually, fora potential not to exceed amount of Eighteen Million Dollars ($18,000,000) during the term of the Agreement ifall extensions are utilized, aggregated among all IT as -needed professional services providers. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement, Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit A. b. Payment by City shall he made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures, Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on February 2, 2021, and terminate on February t, 2025, unless terminated earlier in accordance with Sectlon 15 below. The tern of this Agreement may be extended for one (1) additional two (2) yearperiod upon a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant 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 employce relationship, ajoint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employces and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS `this Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data' . Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement, Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Page 2 of 10 Documents & Data which were provided to Consultant by the City, City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this agreement shall be at City's sole risk. G. INSURANCE Prior to undertaking performance ofwork underthis Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain Insurance as described below. a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers„ employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therofroin and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles, The amounts of insurance shall be, not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate, Such insurance shall (a) name the City, its Officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions, b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than S1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation Or to undertake self- insurance, prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or cnghneer; Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in tine aggregate. U. The Collowing requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in fall force and effect for the entire period covered by this Agreement. ii, Certificates of insurance shall be furnished to the City upon execution of this Agreement and shalt be approved by the City. Hi. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City, iv. Where the amounts or coverage provided by the certificates of insurance Page 3 of 10 provides coverage greater than those listed by this Agreement, the amounts provided by time certificates of insurance shall be incorporated by reference into the Agreement. v, Consultant shall supply City with a fully executed additional insured endorsement. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwuh terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to Indemnify the City for army work performed prier to approval of insurance by tine City, 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless (lie 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 (lie Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section I 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 time terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify„ hold harmless, and pay all costs for the defense of the City, including fees and casts for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding, Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Coale 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, orwillful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement, Page 4 of 10 4. RECORDS Consultant shall keep records and Invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursameatts charged to the City for a minimum period of three (3) years, or for any longer period required by law, frorn. the date of final payment to Consultant under this Agreement. All such records and Invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business Itcurs. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period oftirrce (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that It shall not use or disclose such 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, hot 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 Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (a) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. 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: I'age 5 of 10 To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (VI-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Jack Ciulla Chief Technology Innovations Officer Information Technology Department City of Santa Ana 20 Civic Center Plaza (ivl-xx) P.O. Box 1988 Santa Ana, California 92702 To Consultant: City Attorney's Office City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 First & Last Name 6'r r- I ke..rlar xc Title ' res i cfe+n.t Consultant Firm Name $terra.., C�bcrne:�-ci, Ydc-, Address /yp E. iC¢ P2Im_ �4e'.r Svr'ie aC I City, State, Zip tlt.�c_lnei tac l+" Ilsy C A n z ttr-7 Fax: 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. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in Page 6 of 10 addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City, Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIONM>NT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall he considered null and void, Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City, 15. T) R1IIINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work produet(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by taw, slid Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement, I& NON-DISCIUMINATION Consultant shrill not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in tine recruitment, selection„ training, utilization, promotion, termination or other employment related' activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 17. ,IUMSt7ICTION - VENUE This Agroement 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. Page 7 of 10 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. WAIVE 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 m not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifics, 20. 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 indetnnify 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. (Signaneres on fallowing page) Page 8 or 10 A-2021-015-01 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: ' Daisy Gomez lerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Ryan90.odAssisty Attorney RECOMMENDED FOR APPROVAL: Jack Dlgitallysigned by Jack Ciulla Date Ciulla 09:2618-08'00'1 Jack Ciulla Chief Technology Innovations Officer Information Technology Department CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT: u� F/ > V (name) (title) fir. ss e.,+ Tax ID# 7 Page 9 of 10 EXHIBIT A CONSULTANT'S PROPOSAL Sierra Cybernetics — The Art of Information Engineering PROPOSAL FOR INFORMATION TECHNOLOGY AS -NEEDED PROFESSIONAL SERVICES Prepared for: City of Santa Ana Information Technology Department 20 Civic Center Plaza Santa Ana, CA 92701 Attention: Mr. Jack Ciulla, Chief Technology Innovations Officer In Response To: RFP 920-124 Prepared by: Sierra Cybernetics, Inc. 5140 E. La Palma Avenue, Suite 201 Anaheim Hills, CA 92807-2069 (714) 921-1212 or Facsimile (714) 921-2086 E-mail: claplante@sierracyber.com Attention: Carl LaPlante President 24 November 2020 Program Number: SC20-011 0 r0TA me 03 TABLE OF CONTENTS Page No. SECTIONI -Cover Letter........................................................................ 1-1 SECTION............................................................ 2-1 SECTION 3 — Sierra Cybernetics - Firmlxperienee.......................................... 3-1 SECTION 4 — Supplemental Questions., ........................................................ 4-1 SECTION 5 — Cost Proposal ........................... ..... ............. ........................ 5-1 SECTION 6 — Certifications ........................................... . ................... . ....... 6-1 SECTION7 —References .. ................. . .................. ,.................................. 7-1 SECTION 8 — Evidence of Financial Capability ................................................ 8-1 SECTION9—.Insurance............................................................................ 9-1 SIERRA SC20.011 SIERRA NET'ICS Santa Ana 1T Professional Services SIERRA CYBERNETICS 5140 E. LA PALMA AVE., SUITE 201 • ANAHEIM HILLS, CA 92807-2069.714-921-1212 • FAX 714-921-2086 SECTION 1 —COVER LETTER 24 November 2020 City of Santa Ana Information Technology Department 20 Civic Center Plaza Santa Ana, CA 92701 Dear Mr. Ciulla: It is my pleasure to transmit our proposal to provide the City's requested IT Professional Services. This proposal demonstrates Sierra's background, capabilities, and methodology toward providing quality temporary staffing services within an Information Technology environment for local, state, and federal government agencies. Sierra is a small business, headquartered in Orange County, with staffing contracts supporting local government agencies throughout Southern California. We set ourselves apart from other staffmg agencies by devoting our business exclusively to government clients, yielding efficiencies in our business processes so as not to diffuse our energies and resources into the commercial sector. We have offered reliability and cost efficiencies to California government IT clients for 24 years. We will bring that experience and those benefits to the City of Santa Ana. Key elements of our proposal include the following factors: • We have been an incumbent to Santa Ana for your similar services since 2017. • We have placed local government IT workers throughout Southern California continuously for the past 24 years and we have been in the IT industry for 39 years, since our founding in 1981. • We have always operated from our Orange County headquarters. • We focus on providing personnel who live local to our client sites, which include local governments in Orange, Los Angeles, San Bernardino, and Riverside Counties. • Our pricing methodology is designed to ensure a BEST VALUE offering which considers the budget realities of our government clients. We will manage your project from our Anaheim Hills headquarters. Siena is an S-Corporation. The following page summarizes our background. We look forward to participation in future post proposal source selection proceedings and, ultimately, to provide the City with quality staffing services. ly, ) / /% Caz17�reante /'`ty,"�— President SIERRA 1-1 SC20-011 Santa Ana IT Professional Services CYBERNETICS Sierra Cybernetics, Inc. Information Technology Services for Government Agencies Sierra Cybernetics was founded in 1981 to provide software engineering for the U.S. Marine Corps and U.S. Army. Today, we provide complete information technology services for federal, state, and local government agencies. Sierra's core competencies focus on • Information Technology staffing • Database, web, and client -server IT services for government agencies • Workflow and document image management solutions for enterprise deployment • C4ISR systems engineering, systems integration, ILS, and software development Throughout our history, Sierra has provided quality systems and software engineering support to nearly 20 separate DoD agencies, supporting programs such as EPLRS, JTRS, JTIDS, MK-92, JCDX, and Po Sheng. Systems developed by Sierra, or for which Sierra has had a significant development role, are currently deployed in Marine Corps, Army and Navy commands, providing leading - edge technology. These C4ISR systems have been used effectively in military operations in the Middle East, Africa, and the Caribbean. Over 95% of our current defense work stems from previous customers. In the early 1990's, Sierra began to complement our DoD work by applying our information technology expertise into local government markets. We acquired one of California's leading document imaging integrators in 1995, driving us to become a signifrcont provider of client/server and web -based document imaging systems. We specialize in data capture, document management, and data analysis services. We hold California Master Services Agreements for information and imaging technology solutions and several IT service contracts with local government agencies. Sierra's Client Base Has included City of Santa Ana US Navy Surface Warfare City of Pasadena Center Orange County Superior Us Nary SPAWAR Loud US Marine Corps Systems Command Transportation Corridor US Army Communications Agencies Electronics Command South Coast Air quality US Army Irdelligence Management District and security Command Orange County Social US Army Research Lab services Agency White Sands Missile Range Judicial Councii of California Joint Interoperabl%, Test City and County of Command San Francisco Lawrence Livermore Labs UC Berkeley Lockheed —Martin Sacramento County Raytheon Corporation Fresno County Northrop Grumman General Dynamics Port of Los Angeles Modern Technologies Corp. Port of Long Beach CSClDyncorp MWn of Southern California SRI, International Los Angeles Superior Court The Walt Disney Company Sierra presents a broad experience base in leading -edge technology. Our engineering staff has current experience in networked systems, communications, and information processing, developing client/server and Web -based systems under Windows and UNIX. We have developed over 3,000,000 lines of code in C, C++, ON, ASP, .NET, Java, Perl, VB, Fortran, Ada, and PowerBuilder, using SharePoint, Oracle, Sybase, Ingres, SQL Server. and ODBC interfaces. Sierra employs strong systems and software engineering methodologies using structured, spiral, and object -oriented processes. We can provide project monitoring services utilizing personnel experienced in DoD, IEEE, SEI, CMMI, DRII, and ACP standards. We offer technical support services for risk management, software quality assurance, technical writing, testing, configuration management, and verification and validation. Please contact Mr. Carl LaPlante, President, at clavlanteaa)sieri•acvber.cont or Mr. George Rodriguez, VP of information Technology at grodriguez&lerracyber com. 5140 E. La Palma Ave., Suite 201, Anaheim Hills, CA 9290711 (714) 921-1212 O Fax (714) 921-2086 G www.sierracybeccom SECTION 2 - AGREEMENT STATEMENT Sierra concurs with and has no concerns with the provisions of'thc RFP's Tsxhibil A, Standard Agreement; or the Scope afServices General Requireinenis sectlon (III.A), 2,i General Requirements In particular, we talcs note of your emphasis upon our responsibilities toward our personnel in order to differentiate them from being perceived as City employees. This has always been the case for us -- driven by our experience that our sole customer base is local government agencies. For example: III A,1. Our Project Manager and Administrative Manager will work in conjunction with City IT Management to provide oversight of our staff activities and tasks. We will manage all on - boarding, termination, andfor replacement activities. III A.2, We will handle all personnel pay and benefits processing according to our own internal practices. III A.4. Sierra. personnel will be provided visible identification badges or clothing or other discernable evidence of our people being members of Sierra's staff such that our personnel can be clearly differentiated from City employees. CyB SIERRA 2-1 SC20-01I S Santa Ana IT Professional Sery ices SECTION 3 - SIERRA CYBERNETICS - MRM EXPERIENCE Sierra Cybernetics provides 17' professional stgffrng services, software developnent, systems engineering, and systems integration servicesfor clients nationwide. We are heackluartered in Anaheim Ififls with elfj`iees less than thirty minutes from Santa Ana. We offer your a company with a fill range of IT, sglhvare, systems, and project management services, developed over a 39 year history supporting local, stare, and federal government agencies. 3.i Sierra Cybernetics, Inc, — general Description Sierra Cybernetics provides TT professional staffing services, systems and software analysis and systems integration, for clients with information management requirements. from our offices in Orange County we have supported government clients on projects ranging from a row weeks and a few thousand dollars to multi -year contracts exceeding ten million dollars in value. Founded and incorporated in California in 1981 and continuously headquartered in Orange County since inception, Sierra originally focused on federal government software engineering efforts featuring OIS and image -based command -and -control applications overlaid on massive database processing requirements. Since 1992, we have built upon that expertise to concentrate on providing IT services, systems analysis, software development, and systems integration services for local government and commercial clients, including local IT Professional Services contracts with the City of Santa Ana for the past four years and the Orange County Superior Court far the past t4 years. Sierra has provided software personnel to develop custom IT solutions for clients on contracts totaling over $ISOM, Our staffing has ranged from 25 to 35 personnel over the past three decades as a !unction of our direct support to Government agencies. Our early focus on software development led us to expand our software services offerings in the early 2000s by initiating new efforts to provide IT, engineering, and other temporary stating services personnel. We currently have approximately 40 staff' members working at client sites in Orange, Los Angeles, San. Bernardino, San Francisco, and Fresno counties, along_ with four tnanageiinent/administrative personnel at our Anaheim Hills headquarters. SIERRA, CYBERNETICS • PROVIDES - INFORMATION TECFINOLOGY SERVICES FOR COMPUTER -BASED SYSTEMS • SPECIALIZES IN - IT STAFF AUGMENTATION - SYSTEMS ENGINEERING, ANALYSIS, AND INTEGRATION - SOFTWARE DEVELOPMENT • POCU.SC,SONINFYJItl ATIONKANAGENIE, NT FOR - LOCAL GOVERNMENTS MILITARY COMMAND, CONTROL, COMMUNICATIONS, INTELLIGENCE • iDELIVERS PROD UC7SFOIL LOCAL GOVERNMENT IT APPLICATIONS MAP -BASED GEOGRAPHIC INFORMATION SYSTEMS 10 SIERRA 3 1 SC20-011 CYBEIU4M- 'ICS Santa Ann IT Professional Services Sierra operates as an "S" corporation. Mr. Carl LaPlante is our President, founder, and 100% owner. No ownership changes are contemplated. Our management philosophy is very straightforward and consistent with our corporate mission: we will stress customer satisfaction and strive to provide quality services on time and within budget. This has always been our reputation and we believe it is the primary reason why more than 80% of our business base derives from repeat business. Sierra's annual sales generally range from $1.5M to $3M. We have successfully managed multiple IT services contracts ranging in size from less than $25K to in excess of $IOM. Sierra is regularly audited by the Defense Contract Audit Agency for compliance with Federal regulations concerning business operations. Our record is immaculate. Our business processes ensure accurate and accountable billings and payments to our contractors and suppliers. We are trained and knowledgeable in government regulations and very experienced with the labor laws concerning professional contract labor employers. Sierra's Mission Provide Quality Technology Services and Innovative Computer -Based Solutions for Information Management Applications. IN THE PURSUIT OF THIS MISSION, WE WILL ADHERE TO THE FOLLOWING PRINCIPLES: WEWILL 6ECeSTO.WER•ORJ&1TEO- CUStemef iatlSfaCtiOn i5 our highest priority. We will emphasize quality In all activlrles. We will recognize that service is the foundation of a successful business. We will strive to achieve on -time, wdhio-cost dellwrias WE hMLL FOSTER EMPLOYEE GROWTH- Wewlllencourage a participatory work environment emphasizing open. honest COMMLnica lens. We will provide the professional, economic, and educational Improvement opportunllles necessary for a stable superior workforce WE WILL ,MAINTAIN CORPORATE INTEGRMY- We Will ahide by and support the legal and highest ethical standards of our professlon. 3.ii Management Sierra staff personnel will be responsible for project management and recruiting (Mr. Carl LaPlante), for on -boarding and supervising personnel (Mr. George Rodriguez), for producing and monitoring billings (Ms. Pam Giandalia), and for meeting rapid response needs (Messrs. LaPlante and Rodriguez). Each person having such responsibility has more than thirty years experience in their specialty. Because we have worked together for so long, we are capable and available to back each other up. In particular, for your project, if Carl LaPlante is not available, George Rodriguez will act in his stead. This experience offers our clients a significant SIERRA 3 2 SC20-01I CYBERNETICS Santa Ana IT Professional Services management comfort that utilization of Sierra minimizes your- risk. Each person can be contacted at our corporate headquarters in Anaheim Mills at (714) 921.1212, Following is our proposed organizational chart and summaries of the people who will support you. Full resumes follow in Section 3.iii. Sierra is not proposing any subcontractors. $M�__� PRESIDENT IT DEPAREPARTMEP NT PROJECT DIRECTOR I CARL LAPLANTE J ACCOUNTING AND OFPICE MANAGEMENT PfiM OIANDALIA 71CARL ORMATION ENGINEERING LOGY DIVISION SUPPORT SERVICES DIVISION LAPLANTEGEORGE RQORIGUE2 CT DIRECTOR O.d._......__.� I , Atlmin ManaJJemenl Redrulllop,Client Inlettace $ANTAANA IT PROFESSIONAL SERVICES Sierra Corporate Structure Supports Efficient Performance for our Clients Carl )LaPlante, President and project Manager. Mr. LaPlante has over 50 years experience in software and information systems analysis, With Sierra since 1981, he is responsible for all software and systems development business activities. He has consulted to federal, city, and commercial clients on projects as diverse as providing data processing software and MIS facility management for Marine Corps systems, MIS analyses to Abu Dhabi National Oil Company for a Records Management System, and management of the San Francisco Building Inspection Workflow Automation System, He holds a BS degree in Mathematics from Stanford University, George Rodriguez, Sierra's Administrative Personnel Manager. George has managed Sierra's staff on nearly all Sierra's IT projects for the past 25 years, He is a retired Army communications officer, specializing in managing and testing large scale automation projects. During his military career he directed automation and communications operations at sites as varied as Hughes Aircraft in Fullerton to Germany anti Vietnam, He possesses over 40 years experience with Information Technology projects, He is an engineering graduate of the United States Military Academy with an MSEE from. New Mexico State University. 3-3 SC20-011 CYB HRAIET'IC5 RA Santa Ana IT Professional Services YH Pam Ginudalia, Accounting and Office Manager. Ms. Giandalia has over 35 years of accounting, financial, auditing and office management experience. She served as Senior Manager during 10years with Southern California Edison, consulted with SCE's Controller on Real Properties accounting matters, and participated in upgrading accounting systems. With Sierra since 2016, she oversees all corporate accounting, billing, and office management activities. 3.iii Management P nll Resumes SC20-011 ASIPRRA 3-4 Santa Ana 1T Prcfessional Services CYBERNETICS CARL LaPLANTE PROJE CT MANAGER Mr. LaPiame will serve as Project Director and Contract Liaison for your effort. He has led formation of four software development and systems onginecring services companies. Repossesses forty years experience in leadership and leading -edge technology positions, for large and small firms, building organizational infrastructures while constantly interacting directly with military and civilian client management and technical ponsonael. He has lets Sierra Cybernetics from being strictly a provider of military software systems to a fully integrated systems solution provider and IT staffing services firm to private industry, local government agencies, U.S. and foreign military clients. Sierra Cybernetics President 1981-Present Mr. LaPlante founded Siena to provide systems engineering and software development services. Sierra's focus has evolved from developing military test and evaluation software to being a recognized IT staffing services provider and developer and integrator of custom software systern solutions in the areas of - In fornatica technology for state and local government agencies. Document image management systems for private industry. Command -and -control decision aids and intelligence analysis for the Army, Navy, Air Force, and Marine Corps. From our headquarters' site in Orange County, CA, Sierra's staff of more than forty professionals fulfills the corporate mission to provide quality IT staffing, software integration services, and innovative computer -based products for information management applications. Mr. LaNante has led projects for clients including all U.S. military branches, many city and local government agencies, Lockheed Martin, San Francisco Department of Building Inspection, South Coast Air Quality Management District, Lawrence Livermore Laboratories„ University of California, Berkeley, and The WaR Disney Company, Prom 1973-1981, Mr. LaPlante served as a Consulting Engineer to the following five fauns. Software and Management Systems 1980-1981 Developer of user interface and records management software for a personnel records system for Jordanian Army. Provided on -site business process analysis for Abu Dhabi National Oil Company. Logicon/Eagle Technology 1977.1981 U.S. Government's software representative in -plant at Hughes Aircraft during development ofjoint ArnryfMarine Corps Position Location Reporting System (PLRS) and Enhanced PLRS (L-'PLRS). Reported to military and government officials regarding software technical, quality, and schedule matters. Hughes Aircraft, General Dynamics Electronics, S'YSCON 1.973-1977 Software developer on electronic warfare, undersea surveillance, intelligence messaging systems. Litton Industries Software Developer /Technical Director 1967-1973 Directed software development within Combat Information Center on Navy's DD-963 (Spruancc-class) destroyers and Air Force Satellite Control Facility connmand-and-control and tracking systems. Lockheed Missiles and Space Company Associate Engineer 1966-1967 Software developer for Air Force satellite launch sequence command -and -control at Vandenberg APB and for data analysis from classified satellite reconnaissance missions. EDUCATION: Stanford University, B.S., Mathematics, 1966 Post -graduate studies in Statistics and Operations Research U.S. Army War Cal lege, National Security Participant, 1998 SIERRA Sag SC20.011 CYBERNETICS Santa Aaa IT Professional Services CEORGI& ROD121GUEZ ADMINISTRATIVE MANAGER Mr. Rodriguez is a retired Army communications officer, with over forty years of experience managing and testing large-scale automation projects, including multimillion -dollar projects for both commercial and military clients. The majority of the commercial projects have been PC web and client/server based projects for document image management or local govermnent database and business process requirements. George provides on -boarding, training, and management for most of Sierra's Information Technology staffing contracts. Sierra Cybeructics Project Director February 1988-Present - Port of Long Beach On -Call IT Services - Port of Los Angeles On -Call IT Services - Orange County Superior Court IT Services - Lockheed Marlin/SPAWARITaiwan systems engineering and IT staffing - Orange County Executive Office Imaging Support(Legato, Plasmon, Fujitsu) Orange County Transportation Authority business process (Windows, MS SQL, Oracle) - San Francisco Department of Building Inspection business analysis and imaging - Air Quality Management District (AQMD) WEB Activate Request for Permits Project AQMD Web [enhancement project (Windows NT based) AQMD Temporary Staffing Joint Tactical Information Distribution System Support (Windows NT/UNIX based) Display Control Console Replacement Project (HP -UNIX based) AQMD Finance Enhancement Project (Windows NT based) Navy MK-92 Fire Control Project (Windows 95 based) - AQMD Facility Permit Processing System (Windows NT based) Position Location Information distribution over tactical communications systems (Unix) Intelligence Analysis System for distribution of electronic overlays (Unix) U.S. Army Lieutenant Colonel 1967-1987 - Performed as the Resident Technical Representative at Hughes Aircraft, in charge of witnessing contractor tests, both hardware and software. Led review of test procedures to ensure all tests were conducted in accordance with government specifications. - Wrote electronic warfare studies and provided technical support to U.S. Army on foreign ground- basedjammers and direction finding capabilities. Briefed Pentagon officials on foreign electronic warfare capabilities against U.S. voice communications, ground and airborne radar jammers and line -of -site multichannel communications. Provided inputs for production decisions on Army communications, radar, and air defense systems, - While stationed at Ft. Huncliuca's Joint Test Facility, assisted in the testing of the U.S. Army's tactical voice and message switches by utilizing a simulator capable of emulating telephones and teletypewriters. - Managed U.S. Army's Corps Area Communications System in Vietnam and Thailand. - Managed the U.S. Army's command and control communications system in Germany, EDUCATION: MSEE, New Mexico State University, 1975 BS, Engineering 2 United States Military Academy, 1967 RA ,3_b SC20-011 CYBERNETICS Santa Ana 11' Professional Services C PAM GIANDALIA ACCOUNTING AND ADMINISTIZATION With Sierra since 2016, Ms. Giandalia has over 35 years of accounting and administrative experience. She has a blend of smal I private business, Banking and Utility business experience. Ms. Giandalia is responsible ror providing Sierra's accounting and administrativo functions. Prior to joining Siena, lets. Giandalia held the following relevant positions: South Coast Air Quality Manageniettt District 2016 Supported hiformation Management Department providing budget creation, expense monitoring, account auditing, accounts payable processing. Southern California Edison Manager Support Services 2004-2013 Business Analyst 1998-2004 Supervised 18 personnel and managed the support services administration and business services departrneat in the performance ofa variety of functions including compliance, back office operations, accounts payable, accounts receivable, work orders, and purchase orders. Provided support to the entire 300 employee heal properties department concentrated on property acquisitions. Performed diverse management duties in areas of bunion resources, data integrity, vender utilization, finance, emergency planning, and executive reporting. Devised and oversaw accounts payable, receivable and field checking account processes and procedures. hnplemented benchmarking of facility costs against parallel costs for external companies. Lod team of3 personnel and held oversight for various activities that included data integrity and finance. Developed and supervised the year-end accounts payable accrual processes. Provided knowledgeable support, training and counseling for the entire corporate real estate deparment responsible for the maintenance of over 200 buildings as well as assisting a real estate based department concentrated on acquisition of property. Oversaw special projects, capital and expense work order, data integrity, compliance database, SOX (Sarbanes Oxley) monitoring, and audit requests. AFFILIATIONS/TRAINING Senior Management Training— Southern California Edison Leading in Changing Times & Leadership Training— Southern Califomia Edison SAP — Basic Training/Pocus on Leadership _ American Management Association SIULLS MS Word, PowerPoint, P.xeel, MicroSotl Office, SAP, QuiokDooks, 10 key of touch, Solutions Delivery System (SDS), Working with Procurement to obtain the best work for the best cost in any industry, Team player, Organizational management SIERRA 3-7 SC20-01 t .®�' CYBERNLYI'ICS Santa Ana IT Professional Services 3.iv Sierra Depth of Similar Experience We have been providing 1T staff augmentation services since 2005. The fallowing charts depict our progression, clients, and types of services. Nearly all placements have been to public sector agencies. Skill Sot 0 Tompornry S_oivice &mpioyees Placed 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2019 2019 Information Technology (Systems Analysts, DBAs, Application Architects, 10 9 10 11 13 10 9 l7 21 24 26 31 42 soRwaru Davelopm, Web spec(aHsis, System 1 Adminiatrntors, PMs, BW, QA, CM, Vesktop Supporl, WAN/LAN We can provide people in each of the seven technology categories shown in Section IILC of your RF'P. We have provided a variety of as -needed IT personnel to the agencies identified in the following list. These personnel have included technical specialties as defined in year F:CP. (Abbreviations following: SBC = San Bernardino County, Pas = Pasadena, LASC m Los Angeles Superior Court, Sac = Sacramento County, AQMD-t South Coast Air Quality Management District, OCSC = Orange County Superior Court, POLA = Port of Los Angeles, POLB � Port of Long Beach, JCC = Judicial Council of California, SA = Santa Ana) Applications & Development Services Systems Analyst - SBC, Pas • Programmer/Developer (.NET -C#, VB.NET) - LASC, Sac * Web Developer {.NETIPIIP) - LASC, AQMD • Database Administrator (MS SQL, Oracle) - LASC, OCSC • Document Imaging Application Specialist - City of Orange, Walt Disney, AQMD • Business Intelligence Speccialist - POLE • Mobile App Developer (iOS & Android OS) - None Project Management & Business Analysis IT Business Analyst (with municipal governinient experience) - SBC, Pas, LASC, POLA • Project Lead (for deployment of purchased software application) - SBC, POLA Technology Consultant for specialized applications - OCSC System Evaluation & Selection Consultant - LASC GIS Services GIS Administrator - SA • GIS Analyst -- Fresno County • GIS Intern-AQMD Network & Telecommunications Services • Infrastructure Architect - JCC, SA = Network Engineer - SA SIERRA 3_8 SC20•01I /r Santa Ana IT Professional Services CYBERNETICS • Network Security Engineer - OCSC • Network Specialist — LAN Administrator -- POLA, SA • Wireless Infrastructure Engineer- SA • Telecom VOIP Administrator - None Telecom VOIP System Engineer - bane data Center & Operations • Systems Architect and Engineer - None • Systems Administrator - None • Data Center Engineer • POLA Cybersecurity Cybersecurity Engineer - POLA Cybersecurity Analyst -POLA Desktop Support and flelpdesk • Tech Support Lead - POLA Tech Support Specialist (Desktop)— POLA, SA • Tech Support Intern - SBC 3,v Most Significant Recent Engagements Please refer to Section G, Attachment A (References) for four of our most recent (and current) similar engagements. All are public agencies. Those references discuss scope of work, dates, positions staffed, and client contact name and telephone number. The following chart shows a summary by location of clients. SIEkRA 3-9 SC20-011 CYBFPNFTICS Santa Ana IT Professional Services Sierra's Recent IT Personnel placements LOCATION i Los Angeles IT, Software, PeopleSoft, Networks, Data port of Los Angeles, Port of Long County Collection, Help Desk, Database, Imaging Beach (25 years) Website i-lost & Maintenance, Financial Systems, Air Quality Management District Administrative Assistance, III, Information Metropolitan Water District Security, Cybersecurity MS Dynasties CRM, IT Recruiting, .Net Los Angeles Superior Court Software, Business Analyst, Oracle DBA, SQL Reports, Project Management City of Pasadena ERP Business Systems Analysis, Website Development Ventura County Expert Systems Software for Shipboard US Naval Surface Warfare Center (15 years) Maintenance --Port Hueneme US Navy Seabees — Port Hueneme Instructor Training San Diego County Network Engineering, Risk Management, Systems _ Lockheed Martin Tactical Systems (7 years) an([ Software Engineering Division — for US Navy Taiwan Graphiesrl'eclmicalDratiing - CAD Project USNav SPAWAR—C2Systerns Orange County Network, Help Desk, SCCM, Systems Analysis, City of Santa Ana (15 years) GIs Support OC Social Scrvices Business Continuity OC Superior Court Software Quality Assurance and Development, Network Security, Oracle, PowerBuilder, and SQL Server DB Performance, SharePoint OC CEO Intu�iSula orp t _� �� Monmouth Network Systems Analysis and Vulnerability and US Army Research Laboratory County, NJ Development— Software Developers 3 ears _ San Bernardino NET Software Development, Project Information Services Department County (5 years) Management, Business Systerns Analysis, Help Desk Prince William Supply Chain Software Sustainment Analyses — US Marine Corps —Logistics County, VA (2 IT System Analysts Command years) Sonar Systems Engineering and Test Lockheed Martin SIERRA 3-10 SC20-011 CYBERNETICS Santa Ana 1'I` Professional Services 3M Sierra Strengths and Project Management Processes Sierra specializes in providing IT -related services for our clients. Our current staff provides temporary staffing IT services, software development, database management, project management, and ,systems analysis capabilities. Our efforts are focused solely on governmental clients. We tie not ewpend precious resources on chasing conunereial work. That results he cost savings for our government cristonters and assurance that our atletalon is not diverted from yoar priorldes. This attention to our government clients has led to our winning IT services contracts throughout California and with local government agencies in ©range, Los Angeles, Ventura, Riverside, San Bunardina, San Diego, San Francisco, Fresno, and Santa Clara counties. Unique Sierra Strengths We believe that Sierra should be selected for this contract because We have successfully, efficiently, and cost-effectively provided IT Professional Services for Orange County government agencies for the past 15 years. Our personnel, bosh management and technical, have proven their quality for local, state, and federal government agencies for three decades. Our processes have been honed to the nuances of government IT contracting on over $150M of projects throughout our history. Our project manager will work with you to understand your technical, schedule, and financial requirements. When additional personnel are needed, lie will coordinate with our recruiting staff to quickly locate candidates who are available and meet your technical and financial goals. We will concentrate on obtaining 1T and technical personnel who understand your methodologies. We will not flood you with resurnes R our candidates will be carefully screened first, We will coordinate the interviewing process, administratively assist you and the candidate in getting started on your project, and maintain regular and proactive liaison with you and our employee to ensure continuity of excellent service. Our management processes align with your Scope of Services as outlined in the RFP. Security Requirements Siena has worked within security constraints for more than 30 years, including providing personnel requiring Doll Secret and 'fop Secret clearances. We are accustomed to local government security and background check processes. We will to adhere to your security policies and practices for our personnel, their vehicles, and their belongings. We will ensure our people are aware of and adhere to ethics and code of conduct polices. Recruitment Sierra employs a standard process to recruit qualified personnel in a timely manner. We atilize multiple sources to locate candidates, then screen them for appropriate skills, professionalism, and ability to perform smoothly in our client's environment. We follow the proper laws and regulations for employing them. SIERRA 3-11 SC2U-UII CYBERNETICS Santa Ana IT Professional Services We will be glad to transition any personnel you desire from current contractors to our staff. If we need additional personnel, we will use our internal marketing and recruiting personnel who are placement specialists. They (1) recognize the necessity to accurately and effectively communicate with our clients in order to qualify client requirements against candidate capabilities, and (2) understand the technologies that candidates offer to a client. Our skills analysis, database search techniques, and interview processes have been developed over three decades to ensure that we accurately and completely understand the client's needs and then apply that understanding against our database of personnel. We will only provide resumes of qualified candidates; our screening processes are responsive to meeting client needs such that we only present potential candidates who are available in the required time frame and who can genuinely perform the work. The account manager will screen all. resumes received from the recruiters prior to being presented to the client. This will ensure that the best possible personnel are presented to the client for the required positions. Our recruiters are technical people experienced in many of the qualifications related to the technical qualifications of the people we place. They are trained to match client requirements against the skills offered by our contract personnel, as presented in their resumes and during our interview/screening process. When necessary, we will perform professional refcrence checking by contacting references offered by the candidate and, even further, by references offered by the first level references. In many cases, the individuals will have worked for the client before and will not require additional references. We recruit through a variety of techniques: advertising via our internet website, using external recruiting specialists, search of websites offering personnel contacts, word of mouth, customer and employee referral, college and university recruiting, and subscription to recruiting services. Verifying Education, Skills, and Other Qualifications Ott)' policies, procilces, oral procedures are focused air providing the highest duality, lowest risk, and best value persotntel for• our customers. Our practices include interviewing first kind second level references for prospective employees and verifying education and employment with the registrar and human resources departments of prior colleges and employers, when necessary. We provide drug testing as required for specific contracts or customers. This includes appropriate pre -employment, periodic, random, post -accident, reasonable cause, and follow-up testing. Sierra currently has an account with Quest Diagnostics to perform any drug testing that may be required. We can call or look tip the nearest facitity and make an appointment for the prospective employee. Since we have an account, the prospective employee only has to show up and we take care of the rest. Sierra's policy number CRR-20 describes our process for drug and alcohol awareness education. We also have an accounts with USA1NTEL and TransUnion's "ShareAble for Hires" to perform any kind of background checks that may be required. Our background cheeks include DMV checks, citizenship checks, and criminal record checks, and verification of education. The background checks can be run prior to the prospective employee starting, work or while we are performing interviews and checking references, We can run all the background checks mentioned above, or any subset of the checks, depending on the customer requirements. SIERRA 3-12 SC20-011 CYBERNETICS Santa Ana IT Professional Senyices When testing and interviewing; the more skilled personnel such as database personnel or progrannners, we use our current staff to provide questions or scenarios to help us evaluate them so that we can provide you with the best skilled personnel for the positions that you have to be filled. Interviews with clerical/administrative personnel are used to determine their basic communication skills, Questions in regards to word processing, spreadsheet, and database programs will supplement actual typing and word processing tests which will be used in determining that the person meets our qualifications. Providing Reference Cheeks Our practices utilize reference checks on personnel when needed. We interview first and second level references as provided by the candidate. We specifically ask theist to provide at least one reference with whom they may have had a difficult relationship, so we can evaluate their actions tinder stress. For this same reason, we frequently ask the references for additional references. Documenting Right -to -Work and Employing New Personnel. All potential new hires are required to complete a Sierra Cybernetics Application for Employment form (SCF027-5). On the last page of the form is the following statement: "Should an employment offer be extended to you, it will be withdrawn if you cannot comply with any of the following conditions: (1) verification of your identity, ... and legal right to work in the United States...... Thus, the, new hire is put on notice that he/she must be eligible to work. Immediately after a person accepts a formal offer of employment from Sierra Cybernetics, we make arrangements for the person to come into our office to complete the paperwork needed for a new hire. The person is instructed to 'bring the originals of documents that are required by the Department of Justice Form 1-9, Employment Eligibility Verification. One of the early steps in our standard procedure for signing tip a new employee is to complete a Form 1-9. The new hire completes Section 1 of the form to declare how he/she is eligible for employment in the U.S. At this time, the Sierra Cybernetics representative examines the documents required by the form to establish the new hire's identity and employment eligibility. Not only do we examine the original documents, we make copies and attach them to the completed 1-9. We then complete Section 2 of the 1-9, thereby completing the employment eligibility verification process. Should a client wish to hire a Sierra employee, after some period of task performance, we will be glad to discuss the conditions under which such a hiring makes sense to all parties. Our motivation is to (1) support our client, (2) support our employee, and (3) support Siena to achieve a fair return on our investment in the recruitment and employment of our employee. Retention Sierra tends to retain our employees for long periods. All members of our senior matiagement and administrative staff have been with the company for more than 30 years. Our current senior technical personnel have been with its for between A and 10 years. In feet, most of our senior SIERRA 3-13 SC20-01I 7 CylammTICS Santa Ana IT Professional Services technical personnel that have supported us in the past are still available to us to serve in short- term or long -,term consulting roles. We believe that three primary factors contribute to our high retention rate: • We treat our people in a manner tbat skilled professionals desire to be treated • We offer very competitive salary compensation • We offer substantial employee benefits. Professional Treatment - Our people tend to be highly skilled and highly educated, sensitive to company cultures that are supportive of professional IT personnel. As a small company, we are able to pay individual attention to the needs of our people. We attempt to address the concerns of our people with their priorities placed ahead of the company's, as long as the .positive culture of the company can be maintained within the larger scope of meeting our client's needs and being fair to all our staff members. Our guiding dictum is that our company is only as strong as our people, so their needs must drive the company's culture. On a specific basis, that includes such factors as providing monetary and leave incentives for benefited employees to gain relevant training or education and making sure that our people have the technological resources to do their jobs, such as lap -top computers, communication devices, and mileage reimbursement for company use of personal autos, When specific personal issues arise that may impact work performance, we strive to assist our employees. Examples include such past efforts as providing, company -paid alcohol rehabilitation counseling, company self- insurance for major dependent dental care, company -paid travel and leave to attend skill - enhancement seminars, and company -provided installation of satellite receiving equipment for courses from the University of Southern California to support remote attendance for pursuit of a PhD by one of our senior engineers, Competitive Pay— We regularly survey the marketplace for the skilled professionals we utilize in order to maintain currency of our compensation practices. As a small business, focuser] on our employees, we strive to keep our overheads low. In so doing, we are able to achieve two important objectives; (1) pay our people at or above tire market, and (2) offer our clients pricing at or below the market. Again, because our employees are the company's life -blood, we work hard to be sure they feel well -compensated. The benefit to our clients is support from highly motivated, highly competent professionals, )mplayee benefits - We generally offer our clients three categories of employees: (1) Type I — those who desire no benefits and handle their own withholding taxes, (2) Types 2 or 3 — those who desire no or limited benefits, but for whom Siena withholds their taxes for them, and (3) Type 4 — those who desire both benefits and tax withholding. In all three, the final cost to the client is the same, with the employee accepting a corresponding lesser direct hourly pay rate, but with comparably increased benefits. Medical and dental insurance is available for purchase by temporary employees at Sierra's cast under our group plans with California Choice Benefit Administrators, Inc. (Cal Choice) for medical and American Association for Quality Health Care (AAQI3C) for the dental coverage. Cal Choice is a unique program offering employees a wide choice of I- MO/PP0 providers and benefit levels. The dental insurance allows employees to use any dentist of their choice, SIERRA 3-14 CYBERNHTIC:S SC20-011 ,/ C.YSt1Santa Arta 1T Professional Services In addition to the medical and dental insurance discussed above, the following benefits Eire also available to be purchased by employees: • Vision insurance — provided by VSP, America's largest vision care provider. • Life and AD&.D insurance—$50,000. • Short Term Disability insurance— via California State Disability Insurance. a Long Term Disability --covers beyond the first 90 days to certain limits. Because we specialize in temporary software and IT professionals, most of our contract personnel prefer to be considered either Types 1, 2, or 3 employees. However for a Type 4 (benefited) employee, we offer a comprehensive package of benefits, including the following which are 100% company paid. • Vacation — two weeks (l 0 workdays). Holiday - 10 days — New Years, Memorial Day, July 41", Labor Day, Thanksgiving, Christmas, and the four workdays in between Christmas and New Years (or the some holidays observed by the customer, up to 10 days per year). • Cafeteria flan — administered by Conexts. Allows employees to avoid taxes on a broad range of medical, childcare, and other expenses through payroll deductions. Jab/Person Match Sierra works haul to ensure that we provide you the right people for your job. Understanding your requirements is at the heart of our-job/poison match process. Whoa possible, our Project Manager and Sierra technical personnel will discuss the issues surrounding the task with your technical personnel to ensure a clear and complete understanding of the requirements, issues and expectations. The key to our being able to provide you appropriately skilled people is that our recruiting and hiring staff have been doing this a long time — not only to find the right people, but also, in many cases, to manage them on IT projects, both in-house and out -sourced to clients. So our staff knows what it takes — how important it is to match skills to tasks in the right proportion. Or, when an exact thatch cannot be achieved, then we know how important it is to get the "best athlete available" -- the person with the fundamentals to understand the client's need, to team quickly, and to know how to adapt his/her skills to tire problem at hand, In the end, the Sierra account management personnel with whom you will be working have managed many and diverse IT projects and understand how quickly and accurately to assess your needs and the right skills that focus on those needs. We are not just recruiters and placement people, we regularly had to live with and meet project requirements and schedules with the very people we hire on our own project developments. SIERRA 3.15 SC20-011 7 CYBERNETIC,S Sunta Ana IT Professional Services Contractor Telephone Response Siena supports soave of our 11' clients on a 211 x 7 basis. Therefore, we maintain multiple communication paths to our key people and clients to facilitate rapid response in support of our clients. Our service personnel have cell phone capability, with back-up assignments to ensure that rapid off -hours response is available. Out office and personnel -cue local to all Orange County sites. Orientatimn All Sierra employees (permanent as well as temporary) will work administratively for Mr. George Rodriguez. Mr. Rodriguez has been supervising Sierra IT personnel for more than 25 years. We will work closely with your Human Resources Department and departmental supervisors to ensure each new employee understands the job requirements. We will provide specific training_ or only those personnel that we feel will require that type of training,. Each cmployce given an assignment under this contract will receive an orientation briefing, to include at least. Background clearance requirements Location of assignment Name of reporting supervisor or manager Length of assignment Working hours Complete job description - Performance expectations - Client confidentiality requirements - Rules of Conduct Appropriate dressing attire Parking information Lunch schedule. Performance Appraisal Sierra takes pride in the quality and professionalism of our 11' employees. As Stich, we are glad to provide an unconditional guarantee to provide personnel who will perform their duties to the client's satisfaction. Performing uality Control and Obtaining/Evaluating Feedback -Sierra's management approach provides multi -level mechanisms for early recognition and resolution of potential problems. Rmdamental to the process is the recognition of two key factors: Open and frank communication with customer personnel consistently relative to quality performance. 40 SIERRA 3-I6 SC20-011 CYBERNETICS Santa Ana IT Processional Sen ices Early recognition of problems at management levels such that corrective action can be developed in a timely manner. Our management procedures require the following formal reporting mechanisms tailored to support temporary employment services, all designed for early problem recognition. • Regular, short status reports from the Project Manager to the President focused on: • Client satisfaction and/or concerns • Employee satisfaction and/or concerns • Short range and long range project targets • Answering the question "With what do you need help?" • Feedback from Sierra's accoturting department to review fuaucial status. These formal procedures are supplemented by regular interaction among the entire management team resulting in daily awareness and action on short-term issues. Furthermore, it has been Sierra's practice for the company President to meet at least twice yearly with the key customer management personnel on each project. This practice will continue for your project, per your concurrence. These recognition mechanisms lead to appropriate resolution measures. Each problem is considered first from the potential customer impact point of view. In this manner, customer interests receive priority. Fundamental to problem resolution at Sierra is complete problem understanding so that the right problem is solved the right way. Frequently, this requires short term solutions only. If longer term needs must be addressed, our approach is to determine if the problem also requires either an interim short term solution or a short term solution developed within the context of the longer term need. Sierra's management encourages problem resolution at the lowest functional level consistent with the problem. This encourages employee initiative and usually yields the most responsive and appropriate result. This approach does not preclude higher level management awareness; rather it encourages support to the personnel implementing corrective action. Confidentiality — During our orientation process, we will brief Sierra's employees nn the importance of maintaining confidentiality of all information and client records that may become accessible to our employees at the job site. We work with our clients' human resources, legal, contractual, and project management personnel to obtain guidance with regard to your odes, regulations, statutory laws, and internal policies that address confidentiality requirements. We will ensure that periodic notification of your requirements is provided to our employees, staff, and/or agents, Confidentiality issues are well understood by Sierra's management. We have worked tinder similar provisions for many local, state, and federal government agencies and commercial firms for more than 30 years. Our facility has been cleared to the Top Secret and above levels, by the Department of Defense Security Services and our persormel have performed on classified programs supporting national and international clients. We are required to provide twice -yearly security education seminars for our personnel with security clearances. We matte it a practice to include non -cleared personnel in order to affirm our commitment to meeting the confidentiality requirements of each and every one of our clients. SC20-01 I 7C XBEHNB'I'IC5 BCR 3-17 Santa Ana I'i' Professional Services Automobile Usage We support current clients on positions requiring the use of a personal automobile andlor client - supplied vehicles. In so doing, we verify that our employee possesses a valid California driver's license. SC1r;1tRA 3-19 SC20-011 CYBERNETICS Santa Ana 11' Professional Services SECTION 4 — SUPI'1,I+1VI R 1'AL (QUESTIONS Description of the major service offered by the Proposer's firm. See Sections 3.i, 3.iv, 3.v, 3.vi. ii. List of acceptable invoicing frequencies. Bi-weekly iii. The number of years that the Proposer has been in business of providing temporary technology contract service personnel and/or consulting services of the kind sought by the City. (If company name or ownership has changed of the period cited, please note land explain) See Sect ion 3. 1. Sierra has provided as -needed Ifi services for the Bast 15 years (since 2005) within our 39 years of local operation as Sierra Cybernetics, Inc„ iv. Description of the overall qualifications of the Proposer, including its experience and its ability to provide temporary technology contract service personnel and/or consulting services, See Section 3. V. Description of any unique qualifications and experience that distinguish the Proposer's ability to provide temporary technology staffing and/or consulting, See first three paragraphs of Section 3.vi (Sierra Strenghts and Project Management Processes). vi. Description of any other information the Proposer feels is relevant in helping the City gauge the Proposer's business stability. See, Section $. vii_ No more than three (3) samples of the style of resumes that your firm would provide to clients. (This will allow the City to assess the readability of the formats and the usefiilness of contents of the resumes the City could expect from the Proposer. These resumes will not be used to rate potential candidates.) See Wo example resumes at the end o/'thi,r Section 4. viii. List of the types of technology specialties for which the Proposer provides temporary placements for consulting services. (For example, if you only provide consulting services for a specific product or skill -set, please specify.) We provide a wide range off I'I specialties, specifically including the seven categories listed in Section IILC ofyour MR Also see proposal Sections 33v, 3.v. ix. List of any unique qualifications and/or experience that distinguish the Proposer's ability to provide temporary Contract Service Personnel or consulting services in the various technology fields/specialties. For example, a Proposer may have the capability to provide emergency placements with 24 hours, to conduct technical qualifying testing, to use highly -qualified technology screeners to evaluate and rate candidates' skills, to employ special techniques to track a placed contractor's performance, to provide on -call for specialized technology needs, etc. These are examples only and not mandatory services .'YB)RNf:'riCS 4-1 SC20-01I C SIERRA Santa Ana 11' professional Services or qualification. Sierra can provide each of the above capablPfles (although emergency 24 hour response would generally need to be litnited to providing current staff personnel at the tune of the incident). See Section 3.vi. x. Description of Proposer's methods used to identify potential candidates. See these sub- sections cruder Section 3.vi: a. Unique Sierra ,strengths b. Recruitment c, JoblPerson Match xi. Description of Proposer's methods used to screen candidates and to snatch their qualifications against the requirements of a City job assignment.. See these sub -sections under Section 3.vi: a. Unique Sierra Strengths b, Security Requirements c. Recruilmenl d, Verifying Education, Skills, and Other Qualifleations c, Documenting ]tight-to-Glr'orkc+nd Employing Now, Personnel f JWPerson Match xii. Description of Proposer's methods used to assess and contirni candidate's technology skills/knowledge, experience, work habits, interpersonal skills, etc, See these .sub- sections under Section 3.vi: a. VerifyingEducalior7, Skills, and Other Qualicatiom b. Providing Reference Cheeks xiii. Description of Proposer's methods used to establish candidates availnbility with respect to the project schedule of the City assignment. We always sped the assignment duration expectatlon, both in the initial contact with a candidate and itr the final offer letter or consulting agreement, xiv. Description of proposer's process for conducting staff evaluations. See this subsection under Section 3.vi: a. Petfbrnrance.4ppraisal xv. Explanation of any trabiing opportunities made available by the Proposer for technology personnel engaged with the City. See this sub section under Section 3.vi: a. Retention --Professional Treatment xvi. Explanation of any effort the Proposer takes to ensure that the technology knowledge and skills of its staff engaged with the City are maintained and refreshed during long term engagements with the City. See this sub -section under Section 3.vi: u Retenlion—Pi�ofessionalTreatraent SC2a-011 / STUIFItRA 4-2 R RNgTtC:S Santa Ann IT professional services xvii. Description of any programs and benefits provided by the Proposer to its Contract Personnel and Consultants engaged with the City that ensure their retention for the period required by the City, See this subsection under Section 3M: a. Retention xviii. Confirmation that there are no penalties to the City, Contract Service Personnel or consultants if the individual was to becorne a City eniployee. If there is a minimum amount of contract time that would need to occur, specify that amount ofthne (e.g., After six months of placement, Contract Service Personnel may be hired without any penalties, etc,). After six rnonths ofylacemeni, Contract Service Personnel may be hired Wthout any penalties. SIERRA 4-3 SC20-011 J CYBERNETICS Santa Ana 11' Professional Services NAME WITHHELD —RESUME EXAMPLE 1 GIS DEVELOPER. SUMMARY 7 years of combined professional and academic experience in GIS spatial analysis, application development, scripting, cartography, and photogrammetry, along with a Master's degree in GIS Technology. Trained in Agile and Scrum project management techniques, as well as Enterprise for ArcG1S. Recent projects: aerial imagery acquisition, photogrammetry, and automated building footprint extraction for the City of xxxxx, story map development/maintenance for the City of xxxx, GIS business development for federal contracting efforts, image analysis and a large site suitability studies for REALM Engineering, and 21- and 23-map climate model series for the Alisas Canyon and Do Luz Canyon AVA applications. I take pride In maintaining currency at the forefront of GIS technologies. EDUCATION M.S. Geographic Information Science & Technology S.S, Environmental Science, Technology, & Policy A.S. Science I61 EdIIII11KYituf IL • Federal Secret Level Security Clearance Univ. of Southern California, 2015 Calif. State Univ., Monterey Bay, 2011 Santa Rosa Junior College, 2003 • Project manager for story map development and maintenance at the City of xxxx (6 to date) FAA Part 107 Certified Remote Pilot • Performed interpolated climate modeling and completed a 21-map and a 23-map series for Federal AVA applications • Solid Choropleth mapping experience; SQL queries, Python/Javascrlpt workflows; data exchange • Created 1" spatiotemporal model & comprehensive map of Ft. Ord's Restricted Area vernal pools in MS Thesis (published Aug. 2015), using object -oriented image analysis • Poster Presenter, CaIGIS 2015: 21st Annual California GIS Conference • Completed 27 ESRI "training Certificates (100+ hours continuing education) PROfESSf4NAI, EXPERIENCE GIS Developer / Technician II, City of xxxx, CA Oct 2017 to Present • Resigning geospatial products in a full-time production environment, using ArcMap 10.x & ArcGiS Pro 2.x, ArcGiS Online and ArcGIS Portal Producing high -end maps, graphics, & other cartographic materials _4 SC20-0 l i CYBERNETICS i Santa Ana IT Professional Services YBF.R • Developing custom Python (2.7 & 3.6) scripts for automating complex analytical procedures, such as watershed analyses & address block range generators • RDBMS Database creation, querying, & data analysis using SOL, ArcGIS, & Python Building Custom ArcGIS online mobile applications, designed/customized with CSS & HTML • Publishing map services to ArcGIS Online for use in web maps & apps • Performing photogrammetry & multispectral object -based image analysis • Daily usage of all forms of raster & vector -based GIS data, including Esri Geodatabases, shapefiles, RESTAPIs, KML/KMZ, JSON/GeoJSON, CSV, Geotiff, SID, Esri GRID, & LiDAR point clouds • Training completed in AGILE/SCRUM & Waterfall project management concepts/procedures ■ Project lead forthe story map development program and aerial imagery acquisition project: -- Designing overall appearance & developing desired application functionality using CSS, HTMLS, JavaScrlpt Setting up & running consultation meetings — Outlining expectations, timelines, & dellverables properly PM for road network development project, arranging development of transportation network, roadway centerlines, & addresses across Salinas Performing GIS data best management practices in an enterprise environment • Planning & flying routine UAV missions for surveying, photography, & videography • Creating custom graphic design products (e.g. banners, infographics, logos, & illustrations) Freelance Geospatial Services, Self-employed June 2015 to Present • Manage GIS business analysis & development efforts pertaining_ to federal contract vehicles • Design hardcopy cartographic deliverables (i.e. maps) • Conduct Site Suitability Studies to determine optimal locations to match client specifications • Georeference/digitize paper & raster maps into vector data • Create environmental models using surface interpolation techniques • Geospatial data conversion (e.g. file geodatabase to geoJSON, shapefiie to CAD) • Design & digitize customized cartographic symbols via vector graphics applications • Build spatial database schema & content using Postgres/PostGIS Normalize client -provided data tables as necessaryto maintain database integrity • Write/compile CSS, HTML, and SQL queries, for interactive map features • Design & maintain wordpress websites Fnvironmental Science I.ecturer, Heald College Salinas Oct. 2014 to April 2015 Produced maps, graphics, & data presentations for PowerPoint & discussions S1 Santa An SIERRA 4-5 ntaA CYBERNETICS a ITProfossionnl Services Lectured students on basics of environmental science, policy, scientific method, & sustainabillty • Interpreted scientific principles for non -technical audiences Created daily lesson plans, learning objectives, & outcomes, as well as weekly & quarterly curriculum Web Editor, Quality Marine Oct. 2009 to Nov. 2010 • Created maps & graphics for published articles using ArcGIS 10, Adobe Photoshop, &.Illustrator • Authored 60 marine biology, husbandry & ecology articles on topics such as: fish/invertebrate husbandry, water quality, emergency procedures, & ecology • Built/maintained literature database for hundreds of core species & ecological issues • Edited & updated daily web content & RSS news feeds • Wrote ad hoc HTML codes as needed Fisheries Biologist 1, PocificStates Marine Fisheries Commission Feb. 2009 to Mar. 2010 • Operated, maintained, repaired, & calibrated Autofish salmon tagging trailer • Performed unsupervised field work while overseeing the tagging of over 7 million Chinook salmon • Managed/trained teams of hand taggers while coordinating ops w/ state & federal hatchery personnel Research Aide, Central Coast Watershed Studies (The Watershed institute) Dec. 2006 to Jul. 2007 • Designed & managed ROV-based videographic habitat study at Carmel Lagoon • Developed field methods & analytical processes for the collection of GP5 data • Collected field data using GPS units & water sampling equipment • Collected water samples pursuant to the Carmel River Lagoon Enhancement Project guidelines • Produced data layers, spatial analysis, and maps for use in scientific reports Created automated model for random sample site selection using ArcGIS Model Builder • Designed, built, & managed geodatabase of video &water quality results • Compared data sets using surface interpolation techniques (i.e. geographically weighted regression) Laboratory Technician, Mass Landing Marine Laboratories, MPSL Mar. 2006 to Dec, 2006 • Project manager of the archive cataloging project (over 10,000 samples logged) • Performed water quality & tissues analysis Uploaded & performed QA/QC on data in geodatabase & RDBMS formats; maintained MSDS databases $ SI11►tltfl 4-6 Santa nta ll 7 CY13EPNFT►C5 Ann IT Professional Services TRAINING & SOFTWARE SKILLS GIS Software ArcGIS and extensions (up to 10.6), ArcGIS Pro 2.2.4, QGIS 2.14 with GRASS, Mapbox Studio, Map -making & Cartography, Spatial Analysis, Geostatistics, Automating workflows, Add -in customization GIPS Equipment/Software Data acquisition with Trimble high -accuracy units, TerraSync, Pathfinder office Spatial Databases Table normalization, Schema construction, Esri Geodatabase, Postgres/PostGIS, MS SQL Server Graphic Resign Adobe Photoshop, Adobe InDesign, Adobe Illustrator, MS Powerpoint, MS Publisher, Inkscape Photogratnmetry/Image Analysis software Object- and pixel -based analyses, eCognition Developer 9.4, Pix4D, SimActive Computer Languages Python 2.7 & 3.6, CSS, WTML5, SQL, JavaScript ESRI CERTIFICATES Learning ArcGIS Desktop (ArcGIS 10) Understanding GIS Queries • Getting Started w/ the Geodatabase • Archiving Data in a Multiuser Geodatabase Getting Started w/ Geodatabase Topology • Working w/ Geodatabase Subtypes & Domains • Basics of Raster Data (tor ArcGIS 10) Using Raster Data for Site Selection • Working w/ Coordinate Systems in ArcGIS 10 • Exploring Spatial Patterns in Your Data Using ArcGIS • Building Models for GIS Analysis Using ArcGIS 10 Python for Everyone • Using Python in ArcGIS Desktop 10 • Deriving Rasters for Terrain Analysis Using ArcGIS • Exploring Spatial Patterns in Your Data Using ArcGIS 4-7 SC20.011 CYBERNETICS RA Santa Ana IT Professional Services YB NAME WITHHELD - RESUME EXAMPLE 2 .NET DEVELOPER Mr. xxxx has 20 years of software development experience, in technical development and leadership roles. Concentration in recent years has been in .Net development, including archilecting frameworks, systems integration, and directing the work of subordinate personnel and team members. He has worked with users. stakeholders, and multiple business units to develop enterprise architecture frameworks. Recent assignments have Included being the CTO of a start-up company with responsibility for technology strategy and Initiatives, mentaring development teams, and defining system architectures. He spent one year working for Sierra as a senior developer on Judiclal Benchview Software for the Lcs Angeles Superior Court. firP"kiwe 9"An d S > UI Design and wire(rames take International (612016 to Present) > MS SQL Chief Technology Officer HET, ➢ T-SOL 7'acrinoWles uhffz Nefsufte, AngularJs. Bootstrap. RESTful web ➢ Database design services, JQuery, Javascnpt AngularJS, CSS, HTML, P.holoshop, Frmworks > HTMUHTMLS • Manage development team of 10 > =/CSS3 • Drive all technology initiatives in the company > Bootstrap • Create technology strategy for the company's future > Javasvrpl • Architect data connectors for various online eCommerce shops > Angular.js • Design and implement node.js applications for working with various e > Nade.js parry APIs. > JQuery > JQuery UI Mahony Technology Solutions Inc., Lead Developer > AJAX (2009 to Present) > > PHP Wordleress > Joomla Client/Projects Summary: > Drupal > VB.NET Sierra Cybernetics, Los Angeles Superior Court (612016 to 6120161 > C# Techrwloaies utilized: ,NET. AngularJs, Bootstrap, RESTfuf wob services, JQuery. > ASPAET Javescript, AngulacJS, CSS, HTML, Photoshcp, Fireworks > eCommerce solutions integration • Created Judicial Benchview Software using AngularJe > Web Farms Completed all front end design and development ➢ DotNetNuke • Assisted with architecture of web services required > WCF Web Services Q (4 to 612 > Entity Framework ET, 7echnoloofas rrli!lzed:.NET, MVC 4, WCF, AngularJs, Bootstrap, RESTfu! web chiiat s Molt > Middle -tier coding 8ackend tooling services, JQuery, Javascrlpt, Angrrfar.JS, CSS, HTML, Photashop, Firewodrs > MVC 3.0 - Fix bugs utilizing .NET as assigned. > Project management Create new features ulilzing .NET as requested y Agile methodology • Build marketing sites in plain HTML for dockers > XMLrASLT • Gather requirements for new sites and new features > COM Objects Classic ASP Nationstar (1D/2014 to 312016) > Techrrdlooias utilized:.A'ET, MVC4. WCF, AngularJs, Bootstrap, RESTfulweb > AdobeColdFPho oShop Adobe Photrator services, JQuery, Javescr7pt CSS, HT.4fL, Pholoslrop, FirawoMs > Adobe Illustrator • Fix bugs utilizing .NET as assigned. > Adobe Fireworks • Create new features ufilizing NET as requested a- Crystal Reports • Created new special customer area entirely using AngularJs > SED Created wireframes to represent specifications and how a new feature or > SVN a change was going to look when competed > Cross -browser compattillity testing • Trained Junior Developer on debugging and proper coding practices Metagenics (712014 to 1012014) u4cativtt. Techar ies utilized: PHP, Drupal, MySQL, HTML, CSS, Bootstrap, Javascdpt Santa Monica High School, 1981 to 1983 and JQuery. Santa Monica College, 198310 1985 • Redesign supplement websae from Pert to Drupal platform Apppev, 1997 • Identify all features and determine which are still relevant DevelopMentor, 1998 • Create project plan for new Drupal based site • Identify what will need to be a custom module e. • Identify existing modules that will be used on the site 91[1�r. • Port mobile site over to new Drupal site using responsive design htIoJAyww.xxxx.oro — Contains portfolio and techniques example applications written by xxxxx -g SC20-011 ASIERRA CYBERNETICS Santa Ana IT Professional Services Ponnysaver USA (312014 to V2014) actrncLoaias utlliza¢, CA .NET, VB.N€T, Classlo ASP, Websorvkes, SQL Sarver 2008R2, HTAIL, CSS, Bootstrap, Javescript andJQuary. • Meetings with key stakeholders to gather requirements • Designed wlreframes using Balsamiq • Utlllzed Jlira to store user stories IT Action (1112013 to $12014) r. W2 tos UYNzod: C$, , NET, VB.N1;T; CleaslcASP, Websorvkes, SQL Server 2008R2, HTML, CSS, Bootstrap, Javascrpt and JQuery, + Redesign 132B website and revamp front and tomodornize UI Made design decisions for now UI + Made technology platform decisions for new application and modernized UI + Hardled server setup for deploying applications for new Customers • Wrote wabselulces code In C4 to return and consurno data + Utilized responsive design techniques on ail pages, + Wrote enhancements to,NET application that utilized VB.NET Did maintenance coding on a Classic ASP web application Wrote stored procedures, designed tables and designed viows in SQL Sal200BR2 • Utilize Bootstrap, JQuery UI, dduery, and various front and tools In design a clean and modern Interface * Utilized ASP.NEr security framework to control user access to sties. Hoopers 1lookup (612013 to Present) TochoWooles gtllrzad: PHP, WordPress, eCommarca, MrSQL, HTML, CSS, Javascript and JQuery. + Took graphlo comps and turned learn Into functioning web pagan. • Wrote WordPress widgets to dlaplay content In a flexible manner. • Fully customized WordPress theme to meetcttant requirements Managed MySQLdatabase + Managed eCornmeroe Interface • Utilized responsive design techniques on all pages. • Wrote custom WordPress pluglns Verys (912013 to 1112013) rhnolparps.a 1 aU• Ck .NET, OaMffiloke, MVC 3.0, SQI. Server260BR2, PHP, WordPress, MySQL, wabservicns, HTML, CSS, Javascript and JQuery. + Took graphic camps and turned them Into functioning web pages. + Wrote WordPress widgets to display content In a Flexible manner. • Utlllzed responsive design techniques on all pages. • Wrote enhancements to .NET application that utilized Cft and DotNell • Wrote stored procedures InSOLServer2008R2 $id Sold (812013 to 912013) Tarlft nMakts atlRznd: PHP, MysQL, HTML, CSS, Responsive Design, Javascript and JQuary. Turned existing wobalte Into a responsive design that enabled viewing on any size device. • Modified CSS to work as size of window area changed. Modified JQuery and Javascript to handle issues that cannot be handled via CSS. + Tested all changes done for responsiveness. Pharmsys {1212012 to V20113) Techna/Mrlaa utfffzad. C#, .NET, MVC3.0, SQL Sarver 2008R2, HTW CSS. Javascript and JQdary. Developed pharmacaulical representative compliance website + Utilized MVC 3,0 And Razor to create application flow + Wrote code in CM Utilized t1TML and CSS to make front-end look presentabfe + Did all validation using Javascript and JQuary Integrated Tolerik controls Into the site. + Wrote scripts to modify SOL200BR2database structure SIERRA CYi3)yRN}s l'ICS 4_9 SC20-011 YBrSanta. Ana IT Professional Sarvices f; • Wrote stared procedures and Irlggars. Provisionary (1212011 to 1112012) 7iachnQ1Qgias utffrzed.• Javosrvipt, JQuery, JQuery U1, CSS, HTML, JSON, AJAX, PJrdlosbop, Ezce), Firrrwerks • Application utilized custom server -side Javoscript engine to run the entire applicaeflon almilary to node.Is • Write custom sorsens using JSON to generate the HTML • Utilize JQuary UI to make front-end fully customizeabie by the user • Write Javascriptfuncllons to enable funotionallty for the appllcallon. • Write adminlstrativosveens used to manage the application YMCA of Orange County (012011 to 1112012) Tgplrtrohqigs uIllfzadr Crystal Reports 11, SQL Server 2005, CH; HTML, Javescript, CSS Wrote custom reports using Crystal Reports 11 Wrote web -based user Interface for custom reports using C#, HTML and Javescript • Wrote stored procedures and triggers inside of $QL2005 MSC Software (112012 to 012012) DSAUlodfes urjjtW-' PHP, MySQL, HTML, CSS, OHTNX, Javasorfpt, JQuery • Wrote custom software licensing application using PHP and MySQL. • Wrote a drag and drop tree Interface for managing software licenses Sick Media (112012 — 212012) PHP, WordPross, MySQL, HTML, CSS, DHTML, Pholoshop, Fireworks, Javasorfpt, JQuary • Designed completely custom WordPress site • Created custom graphical user inierruce for wordpress site I Wrote custom plugins Sheppard, Mullin, Richter & Hampton (8/2011 to 112012; 312012 to 912012, 712013 to 9)2013) lac rnologL9Lutilised; CA V.9LN T, HTML, CSS; JQuory, JQuery Ul, Bootstrap, AJAX, J$ON, Web Sarvkvs (SOAP), Pholoshop, Fireworks • Rewrote custom client Intake fora, Utilized Cls, VB,NET, web services, AJAX, JQuery, HTML, JSON. CSS Wrote stored procedures In SOL Server 2008R2 Styled all segments of the process Click Consulting (112010 to 1212011) Technologies utilized: W. Col! Fusion, Crystal Reports, Excol, HTML, Javascripl. C$S, AJAX, JQuary, PNP, Zen Cart. Magento, Drupal, Fireworks Assisted with various client projects as a subcontractor • Utilized 00 to write web appllcallons Utilized Cold Fusion for a major financial company project • Utilized HTML, Javascript, CSS and AJAX on a regularbasis • Wrote a site In Drupal and Magamo (Integration) • Utilized GltHubforcodostorage • Created custom WordPress themasAempiates Coldwell Banker Excellence J312011 to 1112011) Tachn❑!om'as urirr:ed; WordPross, HTML, Javescript. CSS, JQuory, XML, PHP, MySQL, Photoshop, Fireworks • Wrote front scratch a real estate agent's webslta • Utlllzed WardPrass as the CM$ Utlllzed HTML. Javascripl, CSS and JQuery • Worked with NILS to display real estate listings Restaurants an the Run (1012009 to 1217,009) Note: They Invited me back a8er an economic downturn layoff as a consultant to work an a custom CMS system due to my vast knowlodgo of their Industry and their operating procedures. 7e❑hnalaofes utilized: C11, SQL Server2008R2, HTML, Javascripl, JQuory, CSS,. web services, Pholoshop, Fireworks • Wrote custom CMS setudan for their webs its SIERRA 4_10 SC20-011 CYBERNETICS Santa Ana IT tnroressional Services • Utilized HTML, Javaecript, JQuery and CSS on the front-end • Utilized web services to store and retrieve data Into SQL Server 2009R2 Restaurants on the Run, Director of Technology SolutionsfLead Developer (612001 to 1012009) ➢ Lead project teams in completion of assigned projects and tasks ➢ Conduct code reviews > Designed and implemented complete restaurant delivery service software D Executed front-end development, middle -tier development and back -end development R Archtleolod all changes to any software system in the company Y Executed User Interfaog design Y Manage and maintain all servers (hardware and software) > Project management of entire SDLC a Interfaced directly with and users D'Melveney & Myers LLP, Senior Programmer Analyst (712001 to 10/2001) h' Lead project teams in completion of assigned projects and tasks 9 Conduct code revfows > Responsible for daily maintenance of corporate wobske presence 3, Designed ASP ecrlpls, Visual Basic COM objects and SQL stored procedures v Interfaced directly with end users Mahony Technology Solutions Inc., Lead Developer (1999 to 2001) ➢ Market business to potential clients Y Lead project teams In completion of project work Wrke dssktop and walrbased applicahoos Leasiogdesk,com (112001 to 512001) Irvine Company (1112000 to 112001) Legacy partners (rti2000 to 10/2000) Jetu Inc. (612000 to 1012000) Phoenix Group (212000 to 9l2000) Herbalifo 1212000 to 412000) Transamerica (911099 to 212000) Entertainment Systems Technology (EJ1999 to 911999) Haight, Brown & Honesteel, Manager of Litigation Support (1996 to 1999) D Create macros and custcen databases for litigation support n Review third party software and recommend purchase n Interface daily with attorneys.. secretaries and paralegals Sr Maintain corporate web presence SC20-011 CYBERNETICS SIERRA 4-i l Snnta Ana IT Professional Services SECTION 5 - COST PROPOSAL Sierra's pricing inethoefology is designed to ensure ct BEST YAr OF offering which considers the budget realities of oar government clients. Our long h •sim y of serving government agencies at the local, state, and fedcral levels has tuned us to the budget realities these agencies continually face. Ire have organized our cottipany to be responsive to that; cis government agencies make zip nearly 100% oj'o:ir business base. We maintain very modest facilities, ivith emphasis on inodern technological tools for° our technical stqff rather tlrart upscale aIlarra nn+anagentertt personnel.We focus on strong ces f compensation for our technical sta•(}j`'— they fibrin the basis for our management team to have gobs! This results in low overheads strpparting high gaiallty lT professionals — a genuine VXLUE ADDED situation far our clients. Sierra's Pricing Reflects our Emphasis on Government Clients Sierra's business focus is on providing 11'services for local government agencies, We refuse to be distracted by pursuing commercial staffing work. That business area requires higher investments and higher overheads with resultant higher costs and lower quality service for our government clients, It detracts from what we know best -- government support! Sierra has been regularly audited by the Defense Contract Audit Agency for compliance with Federal regulations concerning business operations. Our record is immaculate. Our business processes ensure accurate and accountable billings and payments to our contractors and suppliers. We are trained and knowledgeable in government regulations and very experienced with the labor laws concerning professional contract labor employers. Table I rates are for year I and then escalated by 3% per year, Actual rates generally Fall below the highest rates shovel here. Highest rates allaw for special circumstances or particularly skilled personnel. Pricing for "payrolled" personnel, referred by you, will be discounted, as per Note D in Table 2. _l SC20-0II Sit?RRA CYBERNETICS Sawa Ana IT professional Services Table 1- Sierra Cybernetics Estimated Rates Title Estimated Estimated Hourly Minimum Hourly Rate Rate Engagement Hours {Dffsite, no (Onsite, travel} travel) Cannot estimate travel w/o further details App and Development Services Systems Analyst $89,38 $89.38 8 programmer/Developer $110.00 $110.00 8 Web Developer $104.50 $104.50 8 Database Administrator $110A0 $110.00 8 Document imaging Specialist $65.00 $65.00 8 81Specialist $95.40 $95.40 8 Mobile App Developer $110.00 $110.00 8 Project Management & Business Analysis IT Business Analyst $56.00 $56.00 8 Project Lead $94.50 $94.50 8 Technology Consultant $121,39 $121.39 8 System Eval/Selection Consultnt $88,4B $88.48 8 GIS Services GIS Administrator $54.68 $54M a GIs Analyst $87.50 $87.50 B GIS Intern $1&43 $18.43 8 Network & Telecommunications Services Infrastructure Architect $100.00 $100.00 8 Network Engineer $84.00 $84.00 a Network Security Engineer $121,39 $121,39 8 Network Specialist -LAN $49.00 $49.00 a Wireless infrastructure Engineer $100.00 $100,00 a Telecom VOIPAdministrator 6Est-naneemptoyedl $53.00 $53x() 8 Telecom VOIP Sys Engineer (Est -none employed) $76.00 $76.00 8 Data Center & Operations 8 Sys Architect and Engineer (Est -pore employed) $120.00 $120.00 8 Sys Administrator $84.00 $84.00 8 Data Center Engineer $44.00 $44.00 8 cybersecurity Cybersecurity Engineer $125.00 $125.00 8 Cybersecurity Analyst $65.00 $65.00 8 Desktop Support and Helpdesk Tech Support Lead $44,00 $44.00 8 Tech Support Specialist $37.00 $37.00 8 Tech Support Intern $26.00 $26.00 8 **Proprietary Information* SY12RA 5-2 SC20-011 CYBERNETICSRNI4TfGS Santa Ana IT Professional Services Table 2 • Sierra Cybernetics Pricing and Markup Information Resource ,Type W2 Employee Marlwp % Corp -to -Corp Marknp %0 Est hours Until Rate See Note A Below (Type 1 Consultants) Drops to Identified See Note B below Resource Markup%, Proposer Found See Note C below 20% 1200 Resource ttlantitied See Note D below 9%u Not Applicable Resource 'Vote A — Sierra's basic markup consists of corporate overhead rate +general and administrative rate+ profit. That amounts to 24%. Note B — Because Sierra Type I (C2C and 1099) consultants require less overhead, we reduce our basic markup on them from 24% to 20%, Note C -- W-2 employees are provided benefits, which costs are additive to our basic markup, we offer W-2 ernployces three categories of employment (Types 2,3,4) with varying degrees of benefits, witli three different markup percentages, In cach case, the billing rate to the client is the same, but the employee can choose a benefit package that best suits their need with a corresponding difference in their underlying pay rate. Le., selection of lesser benefits results in a higher hourly pay rate, and conversely, to the employee. We describe this arrangement as being "compensation neutral" so that, at the end of the clay, the net value to the employee is targeted to be the same. Typo 2 -No benefits. Sierra only withholds payroll taxes and pays the corporate social security, Medicare, and unemployment insurance costs. Total markup on top of pay rate is 38% 'type 3 — Limited benefits. Typs 2 plus paid leave days plus a stipend toward employee purchase of medical insurance. Total markup on top of pay rate is 4 L5%. Type 4 a -Full benefits. Fully -benefited employee with full taxes withhold, full insurance coverage, full paid leave, and access to Sierra's Cafeteria 125 Plan. Total markup of top of pay rate is 61%o. Note D — We currently utilize this "payrolling" program with some of our other clients. The approach is the same as described under Note C, with the benefit percentages being the same, but the overhead plus G&A plus profit amount being only 9%u. So, Type 2 markup = 24% Type 3 markup =30.5%0 l'ypo 4 markup = 50% **Proprietary Information** SIERRA 5-3 SC20-011 CYBERNETICS Santa Ana ITProfessional Services SECTION 6 - CERTIFICATIONS Yoga_ ` _reeluesCod jorMS., 0110w. SIERRA 6-1 SCZR-UIl CYBERNETICS Santa Ana IT Professional Smiees : L CITY OF SANTA ANA ATTACHMENT A REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional Daces if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference /� Customer Name: f Qmge L- LI Suet t-w COJff Address: 700 Civic Oesf S4.r� k ,CA ContractAmount: -,-, 9.0,i N Contact Individual: M f _[T"I t�fi5htren �Iwjq rie�q� Phone Number:-6 5-7- 621-7651 FacSimileidnmber. haa.�o.c�eVad l° OceCuf�. �>� Year: J O a0o9 — / rc, sa,06 Description of supplies, equipment, or services provided: jr<m�o�'a.r'y Li P�,rsoKrt�l ���' Reference Customer Name: a'ir0,iO4,4t4(AaKa-eate" _ A'4ontactIndividual: Address: ZZ1865 �. C�AI�'t D C;Je Phone Number 209 `396 —07 %EJ7 ¢¢ U Feesie+ileNnml6er: �C �� e {t �' R lrt� • oV ContractAmount: W �.Sll{'�' Year. 3`q7- ✓e6 Description of supplies, equipment. or services provided: �+ Reference /� Customer Name: ?0J oV t J-h os Je3 Address: y , �G�OS I f-JL-S 4-Wc'PL Ste.'Pagr•o, CA 9033 Contract Amount: � 0?.1 A + Contact Individual, !' t I o.,e i1LCNeS�I/a Phone Number: il0_7�� `7766 9fKcs. l Feesifftil R �M1RkE(5���1 YY1 °L' O��Ir2. Ofq Year. THIS FORM MUST 13E COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP No. 20-124 Information Technology As -Needed Professional Services Page 30 of 35 E CITY OF SAN7A ANA ATTACHMENT A REFERENCES -- 60Is j ITIOED List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included In the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference /A L Customer Name: m P�ef SJ .f,'p ( 117t Address: 3aD W,evv olC d�ree� 105 A-A9A 16, CA J00iZ Contract Amount: Oq oa- -I- Description of supplies, equipment, or services l�ute�- Reference Customer Address: Contract Amount: Contact Individual: Yt P, f' `'r L Ta O, 5oA, Phone Number a 30 — 0 (6e � u.C: I Feeawnila-rimf: Year: 1 Z / % ;-L) 0 fL Description of supplies, equipment, or services provided: Reference Customer Address: Contract Amount: Description of supplies, equipment, or services provided: THIS FORM MUST I PROPOSALS THAT DO NOT Contact Individual: Phone Number. _ Facsimile Number: Year: Contact Individual: Phone Number: Facsimile Number: Year. RFP No. 20-124 Information Technology As -Needed Professional Services Page 30 of 35 Orange County Superior Court Jn early 2pp7, Sierra tvon n cangretitdra corrtrac! to evahinte lire software gualltjr asyrtrance pritcltces of the Orwrga County Snporlar Coerb Prior to that thee, aN sntftvare testing activities tvfdrfn the Courts JT nrgartizattar+ were co+rdrretar! by the softwara devednpars. The Court regnested Sierra to raaar++neanrl n fowrrnl software QA ruatirodology to be petformerd by an inrlependent group wft/rh+ the JT Department. Asa result of that study anrf raenrnnraurinNon, Sierra was mvattled tlrefbllow-on work io provide QA staff personnel, which Gas led to ndildttannJrempornry JT persaartel slnfftnr eontraats. to support all branches of the IT Departmeni, h+cluding thefallo ving., Software Quality Assurance -Siena provided a senior analyst since the original contract award plus temporary staff augmentation as needs and budget have required. Our staff participated throughout the entire Software Development Life Cycle (SDLC), with primary responsibilities in the areas of testing, quality oversight, requirements evaluation for testability, test case development and execution, and test results reporting. Larger specific assignments included the District Attorney's Interface enabling fire DA to electronically file complaint information and the Interactive Voice Response system to enable customers to conduct fundamental court business over the phone for activities such as basic fee payment, traffic school requests, and case extension requests. SQL Server Database Administration - Sierra provided a SQL Server DBA, with Oracle skills also, to assist the Court in identifying and installing patches and upgrades to the SQL Server database and to support transitions between Oracle and SQL Server. Other tasks involved heating and implementing appropriate security policies, database tuning, development of backup and restore policies, creation ortestenvironments, onsuring high availability of databases, utilizing ETL or web services or DB links for contraction, integration, and merging of various databases, establishing automatic monitoring and aotillcatlon of database status, providing diagnostics and debugging guidance for software dovelopment teams, documenting database architecture, usage, and licensing, charting plaits for future growth, and memoring other members of the DI3 staff. Power0nilder Case Management System Upgrades - Sierra has provided PowerBuilder developers to enhance and maintain the Court's Vision court case application, handling traffic and fwlony cases. Functionality covers Courtroom, Calendar, Person, Records, Exhibits, Fiscal, Warrants, Bail, and Reporting. The effort requires working with Court users to determine data needs and to formulate and refine enhancement requests, then to implement, test, and document modifications to application windows, reports, and backend processes, creating and modifying Oracle database triggers. Additional work efforts have included user training and coaching of less experienced developers in SQL or PLISQL programming. `i'eehnologics utilized have included Sybase PowerBuilder 11,5, Microsoft Visual Source Safe, Oracle IOg and I I& TOAD, Microsoft Orifice 2007 (Word, Excel, Outlook, OneNote), Oracles SOL Developer, SQL Anywhere, PoworDeslgner, SQL Server database. Visual Studio, ;NET framework, ASRNET, ADO.NET, SharePoint Server and SharePoint Developer, SharePoint Migration -Sierra converted a ColdFusion application (Judicial Raster) to reside in ShamPoint and connoet to a SQL Database. Previously there was no user interface and the 11' Department was entering data into the SQL database tables manually. We created various Web Parts that includedlists and data entry forms for data entry. The development environment was Visual Studio 3.5 Framework ASP.Net using Visual Basic and WSPBuilder to create the Web Parts and deploy to SharePoint 2007 within a Feature. Web Changes - conversion from ColdFusinn. We used out -of -the -box Web Parts and SharePoint Designer to create workflow. We converted data from SQL Server 2000 database tables into SharePoint Lists and Content Types using BIDS (Business Intelligence Development Studio) mad SS1S (SQL Integration Services) to Extract Transfer and Load data. Products used are Microsoft Visual Studio 3.3 Framework, ASP.Net, Visual BasiclCP/JavaScript, SQL Reporting Services, SQL Integration Services (SSIS), StrarrPart, and K2. Agreement SC 1716,Temporary Personnel Services - Information Technology Classifrcntions Period of Performance: 9 October 2009 _. Present, No Variance Original Value -No value assigned. Billing to Date m $1;9M+ No Variance, Added Taskings Personnel Assigned, Sr SW Developer Database Administrator SottwareQA Taster SC20-011 SIERRA 6"4 CYBERNETICS Santa nai nta Ana IT ProressioServices South Coast Air Quality Management District Sierra has performed on ffteea separate contracts for the AQMD. Systenrs develoottyent attd IT .rto ttg personnel have sapported the following tasks at the AQMD facility. Time Card System Sierra provided two .Net software developers who redid the Time Card system that the AQMD was using. The Time Card system was developed as a web based system available for AQMD users within the corporate network. The application was designed to: • Store information about employees' biweekly pay period timesheets. • Allow managers to take action on the timesheets submitted by the employees. • Allow a select group of users to perform administrative functionalities. The application was integrated with the current environment at AQMD, to include PeopleSoft and the document management system. The system was developed using a .NET MVC3 technology and was designed to use the existing database with no data model changes. It is as an intranet application with user authentication using Active Directory. Web Applications Our recent work has been mostly an projects that include web developments that can be used for generic applications on other projects. These web applications will be entered into the AQMD library for use by other projects that may need that particular application. Standardizing Web Products Most recently, Sierra has been working on interfacing with Systems and Programming Supervisors, Systems Analysts and Contractors as they construct, modify and repair web applications to produce wireframes, screen mockups and user flows. We have been preparing the new look and feel for web applications in order that the standards across all products have a uniform and consistent look and feel across all CLASS applications. We have been working to develop UI (including HTML prototypes) with desktops, laptops, tablets and mobile devices with different browsers. CIS Maps - This web application shows the air quality index (AQI) within four different counties in Southern California. This web project was implemented using mapdotnet and Virtual Earth APIs using C# for back end coding and SQL Server and INGRES as the databases. Virtual Earth API was used to render the map and the shape files data was rendered on top of this map with the help of mapdotnet API. Web Display of Air Quality Data — This web application made air quality monitored data accessible to public facilities like schools and colleges via www.aamd.gov. These facilities lookup data and the AQI for their respective regions before organizing events. This web application replaced a static website which displayed information with no dynamic functionalities. Sierra was involved extensively in the Data Access, Business Logic, and Air Details modules. Web Maintenance Support — Sierra worked on maintaining the AQMD website for over two years, doing most of the static content, email alerts, calendar scheduling. Sierra helped redesign the AQMD's current external website using SharePoint Team Services. Sierra was responsible for daily maintenance ofextemal and internal AQMD websites including publishing daily updates to content and web applications Web Application Security Protocols - This project deals with building & integrating security protocols to all the existing applications and upcoming applications at the AQMD. It has a reporting toot that lists the set of users based on the User permissions. The project uses ASP.net Role Based security, Visual Studio 2010, and Ingres. SCAQMD Contract Number 97084/9708411970842i001481746107228/072281107228219130r 12151115446 Period of Performance: 28 March 1997 — Present. No Variance Original Value — S150,000 Billing to date — $4.51v!-, No Variance. Added Taskings Personnel Assigned: Sr. Systems Analysts Technical Specialists System Architect Systems Analysts ShamPoint Developer Programmers Web Content Designers System Designer Database Administrator Sr. SW Developers Project Manager Technical Writer /41 SIERRA 6 5 SC20-011 ' Santa Ana IT Professional Services CYBERNETICS Port of Los Angeles (PQLA) Sierra tuna ana of77traeeonrPutttas to rvlu n aampalllCva hint Irr 20A9 to,provirla On-C'afl krfornratlmr Taclrnafary Services to I'OLA's Information Technology Divislon. Oita yeen- later, Sierra's cantruat fatting was inc, cased by 67% and, necnrding to the fuarltng ragrrest nppravarf bur ilre fParbor Bofirrl gfDirector•>, fhe funding tncreose rpa.s necassary because Sierra has been the mast responsive afthe three contractors In responding to airdfirlfrh/ng courraetTnskOrtlers. ?nSksBfr}+pane[Ilrava7nclrnierithefulCurphrg: Help Dealt and Computer Operator Support -Sierra has provided 1" level computer desktop support to general users throughout PQLA. Personnel answer calls at the IT Help Dcsk, diagnose and repair user problems, and configure, deploy, and install PCs, printers, platters, scanners, and related hardware and software. Sierra's Computer Operator provided PQLA support managing customer service requests and escalating them to higher levels when appropriate. She provided basic troubleshooting for Microsoft Exchange, Office and Windows servers, She resolved username and password problems, She verified proper hardwarearid software set up and provided work notes in systems to ensure continuity for service desk support. Financial Systems Support- Sierra provides IBM COBOL software support to maintain and document a number or legacy financial applications from Infor Global Systems, including report development using Information Expert (IE). Capital Improvement Program (CIP) Applications Migration - C1P is a c➢ient-server application written In PowerBulider previously using Sybase an a Sclaris server, but now utilizing MS SQL Enterprise 2005• Siena migrated. the doiabuse and the PowerBuilder code from Version 8 to Version 11, including about 200 windows and menus. IT Administrative Support - Sierra augments the 11' Division's administrative staff will) responsibilities focused on coordinating ITO administrative functions with those across all PQLA Divisions, In addition to clerical tasks, efforts include contacting vendors to obtain equipment quotes and delivery schedules for hardware and software and coordinating equipment deployment with the IT staff. MS Access Database Sopport-Sierra supported POLA's Engineering Division and Construction Division to provide technical web application development, documentation, and training, particularly for the Project Information Control System (PIGS). Applications required proficiency in MS Access, SQL, Visual Basic, MS Project, and Xcelsius. (Carlos Gonzalez,) HEAT Upgrade-- HEAT is a commercial help desk issue management software, suite. Sierra led the upgrade from MEAT V8A.5 to HEAT 9.0, including the following modules: Call Logging, Manager's Console, Answer Wizard, Automatic Ticket Gonarator, and Web User Interface. Work also included migrating ilia Access database to SQL and training users and administrators in the upgradcs. Budget Systern Upgrade - Sierra led the upgrade fiornn the Infor Global Systems Performance Management Business Process Applications (BPA) V7,4.2 to 10.1.3. The migration was to a 3-tier configuration using Windows Server 2008, SQL Server 2009, and an Applications Server, all operating in a VM environment. BPA 17b ancial Reporting was part of the upgrade configuration, using Crystal Reports to create each downloaded view. Budget books were upgraded from purely it manual process to electronic in PDF. The process also stroanAned the export of financial data from BPA to the mainframe financial system for annual reporting, Budget System Forecasting -- With fhe help of a subcontracting firm, Siena led the forecasting tusk order to build and implement (lie forecasting requirements for PQLA by augmenting the existing Business Process Applications (BPA) database. It included a CFO assessment, a database development, data entry templates, rertin las forthe revenue forecasting model, reports, Excel services, testing, knowledge transfer and development support. Applications Maintenance- Siena provided a back -fill Programmer Analyst to support POLA's need for a multi- talented software developer to maintain a variety of applications using MS Visual Studio CO :Net, SQL Server 2005 and above, PowerBuilder 2005 and above, COBOL, CICS, and the Ideal database under the IBM Mainframe VSI, platform. SIERRA 6-6 SC20-011 Santa Ana IT Professional Services. CYBERNFricS SharePoint Document Management Transcribers —Sierra provided two document scanning transcribers to scan paper documents into a PSIGEN-based document management system and tag the document with metadata ror usage within an enterprise -wide SharePoint system. Documents included Board reports and orders, resolutions, agreements and general office files. Website Support — With the help of a website design subcontractor, Sierra led in developing, maintaining and supporting the Port's websites including s4ww_portoflosaneeles.org In addition to static content, the websites include features such as flash banner ads, video/motion loops, interactive web modules, newsletter templates, email alerts, calendar scheduler, etc. Our team provided complete web site production including art direction, overall lank and feel design, brand -focused graphics package, design and production work, art work development, photo retouch, layout/typography, flash animation, programming, database design and implementation. Our team performed video and motion graphic production including concept and storyboard development, 3D modeling and animation, compositing, video compression, and sound design. We developed and maintained interfaces to websites, managed projects, managed website assets, and managed source code including change control, versioning, and backups. Oracle c-Business— Sierra provided Oracle e-Business support by working side -by -side with Accounting and Purchasing operational staff using the Oracle E-Business Suite. In addition we utilized, configured and created Oracle EBS and OB1EE reports. OBIEE Version 1 I.I.IS was used as much as possible. We were also instrumental in transferring our skills and knowledge of Oracle to the POLA staff. In particular we assisted POLA in the following functional areas: • Accounts Payable • Purchase Orders • Projects and Grants • General Ledger — Experience utilizing, configuring and creating Oracle EBS processes and workflows. We used Release 12.1.3 as much as possible in performing this assistance. CAD Support— Sierra utilized subcontractor support to provide maintenance for the Computer Aided Dispatch/Records Management System (CAD/RMS) which is used by the Port police. We provided day to day support for the software. In addition, we provided tape backup and support to the tape backup system. We also provided maintenance support for the server that was running the software for this system. POLA Agreement Number 09-2791/12-3086 Period of Performance: 8 October 2009 — Present, No Variance Original Value = $750,000 Final (to date) Value _ $2.1 M+No Variance, Added Taskings Personnel Assigned: Sr Systems Analyst Database Administrator Sr Programmer Help Desk Support Web Designer & Application Developer Project Manager Computer Operator SIERRA 6-7 SC20-011 Santa Ana IT Professional Services CYBERNETICS Los Angeles Superior Court Sierra kos provided nearty 20 Ir specialists as. IT staff rrurareutallon n! the Court sLtee early 2014, focused on dapioyiu tgtgradod soflwrrre ht frastrttelnre to a!1 Cnrut depnrtneenls. Positrons staffed are described below. Project Manager-- Sierra provided a Project Manager to oversee the design, development, and implementation of Microsoft Dynamics CRM solutions throughout the Los Angeles Superior Court. Managing a cross -functional team of internal and external resources, the Project Manager built executive presentations, led stakeholder meetings, and was responsible for the overall success of the project. An initial deployment was the integration of the Orange County Court's Case Name Search code into the LA Superior Court's Dynamics instance, .NET portal development was managed to build a universal sign -on platform. The Project Manager worked with executive leaders in HR, the Judicial Support Bureau, the Family Law and Mental Health Courts, and Court Technology Services throughout all phases of the project lifecyele. rising PMBOK and Agile methodologies, the Project Manager created a project charter, risk and issue documentation, project plan, Paid project status communications. The PM also managed end. user acceptance and expectations though regular dialogue and updates. Future Initiatives will expand the deployed Dynamics solution to other Court departments and processes such as the Traffic Citation Payment system and Self - Help Services. Business Analyst- Sierra provided two Business Analysts to support the Microsoft Dynamies CRM rollout in the Los Angeles Superior Court, Tire BA was responsible for the gathering of business unit workflows aril business requirements. Working with subject matter experts in each department, the BA validated that the technical and functional solution meets the need of the business unit, Additional responsibilities included the idaatifcaticn of potential workflow enhancements. Future phases of the pruject will expand the functimtul analysis provided to additional departments and services within the Court. Recruiting Specialists — Administer recruitment processing, examinations, and recommendations fora Computer Support and Systems Analyst, Computer Support Supervisor, and Computer Support Technician 11. Web Applications and Set -vices Developer — Design, develop, deploy new software applications for the Court's judicial officer user community to easily access court case data, documents, and other electronic work products from the bench, their chambers, and remotely. These "workbench" tools support Probate, Family Law Domestic Support, and Juvenile Delinquency and Dependency and use Visual Studio 2012+ and Visual Studio Online, featuring AngularlS, ASP .Net MVC, SOA, Cb, Oracle, Sql Server. Project Assistant — Support Project Managers with coordination duties for systems integration work streams as part of Case Management Systems. Software ➢eveloperfrechnicai Writer --Document existing Jury Management Information System and interfaces into IS subsystems. Develop Detail Design Document, Develop corresponding enhanced software, Database Administrator— Install, configure, finplement Oracle I IglR2112C RAC in a Linux environment. Manage datawaioltouse tools. Ensure database security. .Net Developer n. Build web portal to interface with Case Management System, using Azure IAM. LASC Contract Number: 2011-025 Period orPerromnance: I December 2012--Present Original Value: Not Defined Current (to data) Value= S900Kk Personnel Assigned: Project Manager Business Analyst Recruiting Specialist Project Assistant Web Developer Software Developer DBA Net Developer A SIERRA 6-8 SC20-e11 CYBERNETICS Santa Ana IT Professional Services CITE' OF SANTA ANA ATTACHMENT B PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds and certificate of 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. &ear Signed and Printed Name: Title Date c, THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP No, 20-124 Information TechnofogyAs-Needed Professional Services Page31 of35 CITY OF SANTA ANA ATTACHMENT C NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Cade 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or Indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal. Note: The above noncollusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this noncollusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. State of California, County of li Subscribed nd sworn c (or affirmed) before me on this�l day ofNW ` )%- 20�, by ft (� N_(�I, K(O i�, proved to me on the basis of satisfactory evidence to be the personK_ who appeared before me. Notary Public Signature �Q. Gt i �Gtt��UV '^ Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP No. 20-124 Information Technology As -Needed Professional Services Page 32 of 35 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 of California County of Orange �.h Subscribed and sworn to (or affirmed) before me on this day of N)Pei , 20ZU, by C ` 11 proved to me on the basis of satisfactory evidence to be the person Nwho appeared before me. Ata�wSS� 9 i�+iwf c:o�nn-.aaiasai '"'�. NQrMrau GE •cn�Y aaNc (Seal) M CITY OF SANTA ANA 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, 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 a such subreci ie is�s�jall certify and disclose accordingly. Signed: _j�- 7` C Title: ( T Firm: �iC{!q 04errle-BLS -E✓nc Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE, RFP No. 20-124 information Technology As -Needed Professional Services Page 33 of 35 ATTACHMENT E NON -[DISCRIMINATION CERTIFICATION The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, Including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, In all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which helshe 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 1124E 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, 1965, and by rules, regulations, and orders of the secretary of Labor, or pursuant thereto, and will permit access to histher 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. 6. 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 1124E of September 24, 1966, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. RFP No, 20-124 Information Technology As -Needed Professional Services Page 34 of 35 E CITY OF SANTA ANA 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 Consultant may request that the United States enter Into such litigation to protect the interests of the United States, 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Slats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating Pp. p. sectionis subject all the penalties imposed for a violation of the Chapter. Signed: a2 0 Title:rSri�/Z ) Firm:iG Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP No. 20-124 Information Technology As -Needed Professional Services Page 35 of 35 SECTION 7 A REFERENCES .Please refer to Attachment A in Section G, wherein we have listed four references and supplemented that list with summaries of the work perfornned for public agency customers requiring services similar in scope and size to those spec yied in your SOPM We have specifically not included the City of Santa ulna because you know our record with the City and we want to demonstrate oar breadth and depth or similar local public ageneles. SIERRA 7_ 1 SC=20.011 C:YBCRNI;"PICS Santa Ana IT Professional Services SECTION 8 — EVIDENCE OF FINANCIAL CAPABILITY Siarra's financial position is exceptionally strong for a small business. We are managed very conservatively and ourfnancial slatemenis shorn? that we possess the frnancled resources loprovide your required services for well in excess of your required 90 days. 8.1 Sierra Cybernetics financial Responsibility (Capacity) We have available our financial information as unaudited, internally prepared financial statements covering our three most recent fiscal years. Sierra is a privately -hold company and we generally do not make our financial information public. We mark the financial information as "company sensitive" and ask that this information be utilized only within (lie client for evaluation of our capability to perform under the requested effort. Neither Sierra nor its sole owner, Mr. LaPlante, has ever riled for or has been involuntarily put into bankruptcy, or has been declared bankrupt, Our financial status is strong with very little outside debt and an ample line of credit from Wells Fargo Bank in the amount of $100,000. We know of no 'Financial conditions that may impede our ability to complete the project. Our federal government contracts are regularly audited by the Defense Contract Audit Agency (DCAA), always with positive results. You may contact the DCAA's Ms. Sandra Leavitt, 714-630-8125. We have utilized a single accounting; specialist for tax and financial statement preparation since our inception in 1981. You may contact hhn at Wertz and Company, altn. Mr. Leo Connolly, 949-756-5000, 8.if Sierra Cybernetics Litigation Status Siena has riever been, is not currently, nor intends to be involved in any litigation. We are a conservative, carefully managed company. SIERRA 8_1 SC20-911 CYI3ERNh'T[CS Santa Ana IT Noressional Services SECTION 9 - INSURANCE Sierra currendly has in place, and will retain, rill the insurance coverage required by the City s Standard Agreement. This includes (—)+ber, Privacy anrt M'edlo, Professional lnclenrnity Terrors and (?missions coverage by Oyod's gff1 ondon. CYBERNETICS 9-1 SC20.011 SSanta Arra IT Professional Services EXI3IBIT B RL.QUEST FOR, PROPOSAL NO, 20.124 REQUEST FOR PROPOSALS (RFP) NO. 20-124 FOR Information Technology As -Needed Professional Services CITY OF SANTA ANA Information Technology Department Jack Ciulla Chief Information Officer Phone: (714) 647-5381 Email: iciulla(n santa-ana.ora KEY RFP DATES: The schedule below is tentative and subject to change at the discretion of City, with appropriate notice to prospective Proposers. Issue Date: Deadline for Questions about RFP Proposal Due Date: Review of Proposals: Projected Award Date: October 26, 2020 November 9, 2020 November 24, 2020, by 4:00 PM on or about November 24 — 30, 2020 on or about December 2020 @CITY OF SANTA ANA RFP NO. 20-124 FOR Information Technology As -Needed Professional Services TABLE OF CONTENTS PAGE I. BACKGROUND 3 II. PROJECT PURPOSE 5 III. SCOPE OF SERVICES 5 IV. TERM OF AGREEMENT 8 V. RFP SCHEDULE OF EVENTS 9 VI. RESPONSE TO RFP 10 VII. SELECTION PROCEDURES & CRITERIA 15 Vill. WITHDRAWALS 16 IX. PROTESTS 16 X. GENERAL TERMS AND CONDITIONS 16 XI. AWARD OF AGREEMENT 21 XII. IMPLEMENTATION 21 EXHIBIT A — SAMPLE AGREEMENT 22 ATTACHMENT A— REFERENCES 30 ATTACHMENT B — PROPOSER'S STATEMENT 31 ATTACHMENT C — NON -COLLUSION AFFIDAVIT 32 ATTACHMENT D — NON -LOBBYING CERTIFICATION 33 ATTACHMENT E — NON-DISCRIMINATION CERTIFICATION 34 RFP No. 20-124 Information Technology As -Needed Professional Services Page 2 of 35 (9) CITY OF SANTA ANA J_I0121WZT9111.10 A. The City of Santa Ana (the "City"), incorporated in 1886, is located in Orange County, California, which is considered to be one of the top growth areas in the state, as well as in the country. The City currently occupies a land area of 27.2 square miles and serves a population of approximately 338,000. The City of Santa Ana is a full service City of approximately 1050 full-time and 510 part-time employees with twelve (12) agencies (departments). The City Council is composed of an elected Mayor and six (6) Council Members. B. INFORMATION TECHNOLOGY DEPARTMENT The City's Information Technology Department (ITD) is comprised of a group of 24 employees that includes the Infrastructure and Applications divisions, as well as the Administration and Technology Support units. The team is augmented through various professional services agreements which provide staffing and managed services. The departmented is headed by the Chief Technology Innovations Officer, who serves as it director and reports directly to the City Manager. The combined team of employees and contractors serve as a centralized IT organization to support the technology needs of the entire organization. (The Police Department has a small group of direct employees who provide desktop support and specialized application support for that department). The City is currently contracted with several vendors, under the staff augmentation service model. These contracts are set to expire on February 6, 2021. Other agreements with vendors for managed services are set to expire are various future dates. The City recognizes that the staff augmentation model is only one model of providing IT services. Different models are also used by the department, when beneficial to the organization. However, This RFP only relates to the agreements related to staff augmentation portion of IT services. C. CITY IT ENVIRONMENT There are more than 23 facilities throughout the City of Santa Ana that are serviced by ITD. These include City Hall, Ross Annex, Parks, Community Centers, 2 Libraries, and Police Headquarters. The ITD is located in City Hall, but supports all locations. The ITD coordinates services with the PD IT organization. 1. Data Centers The City currently has two data centers housing IT infrastructure: City Hall and Police Headquarters. There are approximately 1,500 users, employees and contractors, supported either on -premise or remotely through VPN. 2. Network and Telecom The City's network environment consists of 115 Cisco switches, 20 Aruba Switches, 297 Aruba wireless access points, 5 Aruba WiFi controllers, 7 Cisco routers, 3 Fortinet firewalls, 3 Cisco firewalls, and numerous video cameras. The City also operates a Mite] VOIP phone system with more than 1,100 users. The phone system utilizes 5 PRI circuits for City Hall and remote locations and 54 PRI circuits for PD. RFP No. 20-124 Information Technology As -Needed Professional Services Page 3 of 35 (9) CITY OF SANTA ANA 3. Server Administration The City's server environment consists of 57 physical HP servers and 321 virtual (VMWare) servers, 142 TB of HP 3PAR FC storage, and 816 TB of iSCSI PD VSS storage. The City utilizes Commvault, Barracuda and Veeam to backup all of the City data. 4. ERP Applications The City operates a number of enterprise -wide software systems including the Infor Lawson Financial Management, Neogov High Line Human Resource/Payroll, MHC Document Express, and the Questica Budget systems. 5. Specialized Applications The City also operates numerous specialized applications that are primarily used by one or two departments. These systems include SAPIN Land Management and Permitting, enQuesta Customer Information (utility billing), Business Tax and Licensing, Dog Licensing, Civic Plus CivicRec class and recreation scheduling, DataTicket parking citations, Qmatic queuing and appointment scheduling, Happy Software Housing Pro, iNovah cashiering, Cherwell IT service management and many homegrown custom systems. The City is also in the process of implementing a new Advanced Meter Infrastructure (AMI) system, Meter Data Management (MDM) system, and is in the process of selecting a new land management system. 6. GIS and Asset Management The City's Geographic Information System (GIS) allows for the collection, storage, and management of spatial data. The City supports several GIS-related applications include ERSI ArcGIS, CityWorks Asset Management, and Tyler MyCivic work management and mobile app. 7. Content and Collaboration The City operates several applications that facilitate the management of content, records, and collaboration of information. These systems include the Drupal Internet content management system, the intranet site, Laserfiche enterprise content management, and Granicus meeting management. 8. Technology Support Services The City's environment consists of more than 2,000 personal computers and laptops, more than 500 mobile devices including phones, cellular hotspots, and tablets. The Technology Support Services group provides help desk services, desktop support services, provides management of IT assets, supports smart conference rooms, and provides support for City meetings. The Chart 1, below, depicts the functional organization of the Information Technology Department. RFP No. 20-124 Information Technology As -Needed Professional Services Page 4 of 35 (9) CITY OF SANTA ANA I kip l#.1 . 14'v % . W,xmlu . ImemrfaM • IJp 51\tq\f/lYplep, (10^rargR` nlTntlrpnte%II IY11,VnfV • MOMI. [4Wr.s tWrk.urlry • I+yrkali r6,vN can,enr • P.rhim • Wnn,nt rt Mnnrgermp Il rltaat Inhaa,„reu,. aM MenaNi uaapr System (CMsI Mi(YM\Ifn\!.m ItitA'K Fgmi • He1T1Vfl • $HprCOpl}rt • MmHHv+l(SeM[r • rmerrxn m+,xryY•nmm • I.nnrli.Nr MptiRp„q,1 LM[lKIN11y • E MNII4yi11T, 4}V 2m SV!'lem lllSiAl • \4ewdln ]Ilri �V1mWNra,bn �fuY CK1Ei.gi Ms� • WN avr.. • Mnnal{n avnr Ir•Inrt1(1 . ;ert,xniMHll� fN,ecrmy ,�(4nly 5hrlmNl • HMnaAn Y.lwlA/ • iSA,U YYl x.cn IASIYtlI IIae5) :.wku rnmm;J.. ae. LunP Chart 1 — Information Technology Department (ITD) II. PROJECT PURPOSE Information Technologv Deoartment -hart kq . f4M!(yY Ma\wHenknr tnteHvrce n4vf sW,can ISWIN) HWm®enwm lVH4,iWi l)'flMil,/t1Y11 Inlwr wllpn • CAS Ine•la�•-. sPa,em i[RI 'aU.yelem ❑.anu mxl Y • nypru-.en.y; .v.t«m .yvtnm_. CnslWne,rrK Meu rry\w�l. .gHe.n fJR \Vs:em IANdry syYcnvn ,_I IA •iAlam� uylar ry'-rem: IalksA V,•c,raltnn ayVem ann ,wMu: E.1M Mw,W,nrnl INH)P I mwtq,l HMI"' A NeN.YV INKP fln.j Nussrrc\, mI.NlAer.•e !1H11 rMaLnfem E•rye1. IMH('I nn vmrci.n,em�. The City of Santa Ana is seeking a qualified firm(s) that can provide a broad range of Information Technology (IT) support, maintenance and new project consulting for its various departments. Services will be requested for an as -needed duration and charged on an hourly - basis. III. SCOPE OF SERVICES A. GENERAL REQUIREMENTS 1. IT Service Provider(s) management will be expected to work in conjunction with City IT Management in order to provide effective day-to-day management of work activities and tasks of their staff, manage their leave requests, provide replacement staffing (if requested by City) and manage the onboarding/off boarding of their staff. 2. IT Service Provider will be responsible for all payments and benefits for their personnel placed on assignments with the City, including payroll, taxes, other withholding, vacation, other benefits, etc. RFP No. 20-124 Information Technology As -Needed Professional Services Page 5 of 35 (9) CITY OF SANTA ANA 3. IT Service Provider(s) shall provide for on -site support between the hours of 7:30 am to 5:30 pm Monday through Friday or alternative hours as requested or approved by City IT Management. Service provider staff may be required to occasionally be on -call and provide after -hour services. After -hour work may also be required during scheduled maintenance windows and Service Provider staff may be requested to flex their hours. 4. All IT Service Provider personnel must wear a visible identification badge or clothing when at City facilities, identifying staff members as employees of the IT Service Provider. The City maintains the right of refusal for staff deployed to City facilities by the IT Service Provider. 5. IT Service Provider will be responsible for the conduct of any temporary contract service personnel placed with the City. If, at the sole discretion of the City, a temporary contract service person is determined to be unsatisfactory for any reason, the Proposer will withdraw the individual upon notification by the City. The City will not be charged for the period of unsatisfactory service. 6. IT Service Provider personnel will utilize the City's IT Service Management System (ITSM), currently Cherwell, for managing work service and change requests. 7. City will provide reasonable office space and furnishings for IT Service Provider personnel. The City may also provide an office phone if necessary. IT Service Provider will be responsible for any toll calls made by the contractor that are not made on behalf of the City. 8. The City does not provide onsite parking. IT Service Provider or their staff are responsible for any offsite parking expenses that are required. 9. IT Service Provider is responsible providing their personnel with all equipment, software, and office supplies necessary for their staff to perform their duties. This includes computer equipment (PC, laptop, monitor, etc.) and cell phone. The City will provide a base image for computers that meets City -security protocols and will allow network connectivity to IT Service Provider personnel. IT Service Provider will delete all software and reimage the computer when it is no longer used for City of Santa Ana business. 10. City will provide IT Service Provider personnel with reasonable access to City staff as necessary and appropriate to for IT Service Provider to fulfill its obligations. In order to facilitate reasonable access to City staff, IT Service Provider personnel may be issued City email accounts, phone extensions, and badges that provide access within City facilities. 11. IT Service Provider personnel must have a Live Scan background check performed by the Department of Justice prior to being placed at the City. (See section X.F.) 12. The City will pay only straight time (i.e. no increase in effective hourly billing rate) for all hours worked. Overtime will be considered as any time in excess of the City's scheduled work week. The City will pay only for hours in excess of a normal schedule when authorized in advance by the City's Information Technology Director or a designated manager and then only at a straight time rate. 13. The City does not provide compensation for temporary technology contract service personnel or technology consultants for holidays unless they are required to work on a City holiday and their work time has been prior approved by the City's Information Technology Director or a designated manager and then only at a straight time rate. The following are City Holidays: RFP No. 20-124 Information Technology As -Needed Professional Services Page 6 of 35 CITY OF SANTA ANA • New Year's Day • Martin Luther King Jr. Day • Presidents' Day • Memorial Day • Independence Day • Labor Day • Thanksgiving Day (2 days) • Week between Christmas and New Years (dates vary) B. SERVICES BEING SOUGHT The City seeks IT Service Provider(s) to provide personnel with specific technology skills to perform assignments of varying lengths. Multiple pre -approved IT Service Providers may be contacted to propose resources and a quote for a requested assignment/project. In response to requests from the Information Technology Department, the IT Service Provider(s) shall: 1. Research their roster of personnel and/or recruit for potential candidates. 2. Screen available candidates in order to match technology skills and work experience with requirements of the City job assignments. 3. Confirm candidate qualifications including technology skills, experience, work habits, interpersonal skills, quality of work performed, reference checks, etc. 4. Confirm candidate availability for the City assignment. 5. Provide the City with resumes of screened qualified candidates (identifying skills, work experience and education) and their hourly bill rates. 6. Upon the City's conditional acceptance of a candidate, conduct required background checks (See section X.F.). 7. After a candidate has been accepted but prior to beginning the engagement, inform the candidate on the standard of conduct required of those working with the City and brief the candidate on pertinent business procedures (e.g. time reporting, requesting time off, personnel benefits, etc.) 8. After an engagement starts, work with City IT Management to determine staff member's duties and responsibilities. Provide monitoring of staff member's performance on a periodic basis to ensure their continuing fit with the City and the City's satisfaction. 9. There is no guarantee as to the number of times a Proposer will be used or the dollar amount that will be expended with them. C. DESCRIPTION OF TECHNOLOGY POSITIONS TO BE PROVIDED The skills and services will be needed in the technology categories of: • Application & Development Services • Project Management & Business Analysis RFP No. 20-124 Information Technology As -Needed Professional Services Page 7 of 35 CITY OF SANTA ANA • GIS Services • Desktop Support & Helpdesk • Network & Telecommunications Services • Data Center & Operations • Cybersecurity Specific abilities required will vary depending on the operations and projects involved. Detailed identification of knowledge, skills, abilities, experience and education will be provided for each assignment with the City. Table 1, below, shows a sample of technology -related positions by category for which the City may seek Proposer(s) to provide contract service personnel. This list is not exhaustive or fixed. As the technology needs of the City change, the technology specialties sought will also change. This list does demonstrate the range and depth of technology fields and positions potentially sought by the City. Contract service personnel and consultants may be expected to perform other related duties not specifically detailed herein or in the City's pre -engagement description of the assignment (at the quoted rate) but that are generally within the scope of the job classification requirements for knowledge skills and abilities specified. Applications & Development Services • Systems Analyst • Programmer/Developer(.NET-C#,VB.NET) Web Developer (.NET/PHP) Database Administrator (MS SQL, Oracle) • Document Imaging Application Specialist (Laserliche) • Business Intelligence Specialist • Mobile App developer (iOS & android OS) Project Management & Business Analysis • IT Business Analyst (with municipal government experience) • Project Lead (for deployment of purchased software application) • Technology Consultant for specialized applications (See Sections I.A.4 & 5 above, e.g., Lawson, HighLine, etc.) • System Evaluation & Selection Consultant GIS Services • GIS Administrator • GIS Analyst • GIS Intern Network & Telecommunications Services Infrastructure Architect • Network Engineer (Cisco) • Network Security Engineer (Cisco/Fortinet) • Network Specialist— LAN Administrator (Cisco) • Wireless infrastructure Engineer (Aruba) • Telecom VOIP Administrator (Miltel/Shoretel) • Telecom VOIP System Engineer (Miltel/Shoretel) Data Center & Operations • Systems Architect and Engineer • Systems Administrator (MS Windows Server) Data Center Engineer (HP servers, Win OS, VMware, HP SAN) Cybersecurity • Cybersecurity Engineer • Cybersecurity Analyst Desktop Support and Helpdesk • Tech Support Lead • Tech Support Specialist (Desktop) • Tech Support Intern Table 1 - Potential Technology Specialties by Category (Caution: List is not comprehensive) RFP No. 20-124 Information Technology As -Needed Professional Services Page 8 of 35 IV. V. VI. CITY OF SANTA ANA TERM OF AGREEMENT The term of the agreement is four (4) years. The City may, at its discretion, extend the agreement with the same or more limited scope of required services for up to one (1) additional two-year term, contingent upon direction of the City Manager. RFP SCHEDULE OF EVENTS Schedule below is tentative and subject to change at discretion of City, with appropriate notice to prospective Proposers. Issue Date: Monday, October 26, 2020 Deadline for Questions about RFP: Monday, November 9, 2020 Proposal Due Date: Tuesday, November 24, 2020, by 4:00 P.M. Review of Proposals: on or about November 24 — 30, 2020 Projected Award Date: on or about December 2020 RESPONSE TO RFP A. SUBMITTAL INSTRUCTIONS It is the responsibility of the Proposer to ensure that any proposals submitted have been uploaded to PlanetBids prior to the proposal due date and time. Proposals, including all required sections and forms, shall be submitted electronically via the City's Bid Management System, PlanetBids. No other form of submittal will be accepted. It is the responsibility of the Proposer to ensure that any proposals submitted has been uploaded to PlanetBids prior to this proposal due date and time. PlanetBids will not accept late bids and no exceptions shall be made. Proposers will receive an a -bid confirmation number with a time stamp from PlanetBids indicating that their proposal was submitted successfully. The City will only receive and consider those proposals that were transmitted successfully. Submit proposal online at: http://www.planetbids.com/portal/portal.cfm?CompanylD=20137. Proposer shall be solely responsible for informing itself with respect to the proper utilization of the bid management system, for ensuring the capability of their computer system to upload the required documents, and for the stability of their internet service. Failure of the Proposer to successfully submit an electronic proposal shall be at the Proposer's sole risk and no relief will be given for late and/or improperly submitted proposals. Proposers experiencing any technical difficulties with the bid submission process may contact PlanetBids at (818) 992-1771. Questions of an operational nature may be directed to the City's assigned Project Manager. Neither the City, nor PlanetBids, makes any guarantee as to the timely availability of assistance, or assurance that any given problem will be resolved by the bid submission deadline. Proposals shall NOT be mailed or sent via telegraphic, electronic or facsimile means. RFP No. 20-124 Information Technology As -Needed Professional Services Page 9 of 35 (9) CITY OF SANTA ANA All notifications, updates and addenda will be posted online on PlanetBids at https://www.r)lanetbids.com/portal/portal.cfm?CompanvlD=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal. B. COMMUNICATION / CONTACT WITH CITY STAFF Unless otherwise authorized herein, Proposers who are considering submitting a proposal in response to this RFP, or who submit a proposal in response to this RFP, are only to communicate with the assigned Project Coordinator(s), and no other City staff about this RFP from the date this RFP is issued until a contract is awarded. The City will provide all official communication concerning this RFP in writing via the City's Bid Management System, PlanetBids. General questions regarding this RFP may be directed to the City's assigned Buyer utilizing the City's PlanetBids system. The City will not be responsible for or bound by any oral communication or any other information or contact that occurs outside the official communication process specified herein, unless confirmed in writing by the designated Project Manager. C. REQUEST FOR INFORMATION OR CLARIFICATION / QUESTIONS Questions regarding this RFP shall be submitted via PlanetBids by 4:00 PM on November 9, 2020. Responses to all questions will be posted on PlanetBids no later than the date and time shown at the schedule of key RFP dates above. All prospective Proposers are advised to visit PlanetBids on a regular basis as the responses may be posted earlier than the date above. No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP. D. ADDENDA Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on City's PlanetBids system, https://www.planetbids.com/portal/portal.cfm?CompanvlD=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. E. UNDERSTANDING PROPOSAL It is the responsibility of each Proposer to inquire about any criteria, condition, term, provision, or requirement of the RFP that the Proposer does not understand. Responses to inquiries, if they significantly change or clarify the RFP requirements or any aspect of the procurement process, will be forwarded by addenda to all Proposers. The City will not be bound by any oral responses to inquiries. By submitting proposals, Proposers assert that they have fully read the RFP and any addenda issued by the City, the proposed Contract and any other Contract Documents, and affirm that the terms and conditions stated therein are fully understood and are acceptable to the Proposer. Each Proposer RFP No. 20-124 Information Technology As -Needed Professional Services Page 10 of 35 (2) CITY OF SANTA ANA accepts the terms and conditions of the Contract Documents and indicates their ability and willingness to perform the requested services under such terms and conditions. Any exceptions to the terms and conditions set forth in the Contract Document should be clearly noted in each Proposer's proposal. Please direct all questions regarding the procurement process to: City of Santa Ana Finance & Management Services — Purchasing Division Stephanie Martinez, Buyer Email: SMartinez10(cDsanta-ana.org Phone: (714) 647-5468 F. PROPOSAL CONTENTS Proposals are to be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Colored displays, promotional materials, etc., are not necessary or desired. Emphasis should be concentrated on conformance to RFP instructions, responsiveness to the RFP requirements, and on completeness and clarity of content. Dividers and clear organization of content and material are encouraged. 1. Cover Letter Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. Include type of business entity. Cover Letter shall not exceed one page. Cover letter must be addressed to the following: Jack Ciulla, Chief Technology Innovations Officer City of Santa Ana — Information Technology Department 20 Civic Center Plaza Santa Ana, CA 92701 2. Agreement Statement Proposal shall include a statement outlining your concurrence or concerns with any and all provisions as contained in the Standard Agreement attached as Exhibit A of this RFP or with the General Requirements section (III.A). 3. Firm and Team Experience Proposal shall include a profile of the firm's experience including the following: 1. A general description of the firm, including size, number of employees, number of staff placed at client organizations, and any past or contemplated changes in ownership. ii. Name and contact information of the supervising Engagement and/or Resource Manager to be assigned to the engagement. iii. Resumes for the Engangement and/or Resource Manager(s) assigned to the engagement. RFP No. 20-124 Information Technology As -Needed Professional Services Page 11 of 35 (a CITY OF SANTA ANA iv. A description of the firm's experience in providing similar services to those requested in this RFP with emphasys on other public -sector agencies. v. A list of the local office's most significant engagements in the last five (5) years, indicating whether they are public or private sector, and including scope of work, date, positions staffed for client, and name and telephone number of the client contact. 4. Supplemental Questions i. Description of the major service offered by the Proposer's firm ii. List of acceptable invoicing frequencies. (i.e., weekly, bi-weekly, semi-monthly, monthly) iii. The number of years that the Proposer has been in the business of providing temporary technology contract service personnel and/or consulting services of the kind sought by the City. (If company name or ownership has changed of the period cited, please note and explain.) iv. Description of the overall qualifications of the Proposer, including its experience and its ability to provide temporary technology contract service personnel and/or consulting services v. Description of any unique qualifications and experience that distinguish the Proposer's ability to provide temporary technology staffing and/or consulting A. Description of any other information the Proposer feels is relevant in helping the City gauge the Proposer's business stability vii. No more than three (3) samples of the style of resumes that your firm would provide to clients. (This will allow the City to assess the readability of the formats and the usefulness of contents of the resumes the City could expect from the Proposer. These resumes will not be used to rate potential candidates.) viii. List of the types of technology specialties for which the Proposer provides temporary placements or consulting services. (For example, if you only provide consulting services for a specific product or skill -set, please specify.) ix. List of any unique qualifications and/or experience that distinguish the Proposer's ability to provide temporary Contract Service Personnel or consulting services in the various technology fields/specialties. For example, a Proposer may have the capability to provide emergency placements with 24 hours, to conduct technical qualifying testing, to use highly -qualified technology screeners to evaluate and rate candidates'skills, to employ special techniques to track a placed contractor's performance, to provide on -call for specialized technology needs, etc. These are examples only and not mandatory services or qualifications. x. Description of Proposer's methods used to identify potential candidates RFP No. 20-124 Information Technology As -Needed Professional Services Page 12 of 35 CITY OF SANTA ANA A. Description of Proposer's methods used to screen candidates and to match their qualifications against the requirements of a City job assignment Al. Description of Proposer's methods used to assess and confirm candidate's technology skills/knowledge, experience, work habits, interpersonal skills, etc. All. Description of Proposer's methods used to establish candidate availability with respect to the project schedule of the City assignment xiv. Description of proposer's process for conducting staff evaluations xv. Explanation of any training opportunities made available by the Proposer for technology personnel engaged with the City xvi. Explanation of any effort the Proposer takes to ensure that the technology knowledge and skills of its staff engaged with the City are maintained and refreshed during long term engagements with the City xvii. Description of any programs and benefits provided by the Proposer to its personnel engaged with the City that ensure their retention for the period required by the City xviii. Confirmation that there are no penalties to either the City or IT Service Provider personnel placed with the City if that individual was to become a City employee. If there is a minimum amount of contract time that would need to occur, specify that amount of time (e.g, After six months of placement, IT Service Provider personnel may be hired without any penalties, etc.). 5. Cost Proposal Complete these tables for each of the Technology Specialties listed in Section III.C, Table 1. For example, you may provide a System Analyst or a Network Engineer. Estimated Rates These rates are just estimates based on current engagements that you have. Actual rates will be quoted at the time of order placement per the process described in Exhibit A, Section 5. Add as many rows as necessary. Title Estimated Hourly Rate offsite) Estimated Hourly Rate (Onsite) Minimum Engagement Hours Markup Percentages This reflects the markup percentages used by your firm to when staffing Contract Service Personnel with the City. The first row reflects the markup if the Proposer(s) are asked to find a resource. Since this scenario requires additional marketing costs, it is expected the markup will be higher. The second row should reflect the markup if RFP No. 20-124 Information Technology As -Needed Professional Services Page 13 of 35 (9) CITY OF SANTA ANA a resource has already been identified and no marketing is required. Furthermore, identify the different markup percentages between a W2 employee and Corp -to -Corp resource. Finally, estimate approximately how many hours would be necessary before the markup (and corresponding rate) would drop to that of the Identified resource markup percentage. These percentages should remain fixed throughout the entire term of the agreement, including optional renewals. Resource W2 Employee Corp -to -Corp Est. Hours Until Rate Type Markup % Markup % Drops to Identified Resource Markup % Proposer Found Resource Identified Resource N/A I o be determined at acceptance of candidate 6. Certifications (ATTACHMENTS) The following forms, included in this RFP, shall be signed and included as part of the proposal submittal package: • Attachment A: References • Attachment B: Proposer's Statement • Attachment C: Non -Collusion Affidavit • Attachment D: Non -Lobbying Certification • Attachment E: Non -Discrimination Certification References Contractor shall provide three (3) references from public agency customers for which similar to services specified in this RFP have been performed, including contact names and telephone numbers, and types of services your firm has provided. Use Attachment A— References. The respondent grants permission for the City to contact any individuals listed as references. 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. RFP No. 20-124 Information Technology As -Needed Professional Services Page 14 of 35 CITY OF SANTA ANA 8. Evidence of Financial Capacity Proposer may be requested to submit its most recent audited financial statement, evidencing Proposer's financial capacity to fully perform the required services, including provision of equipment and personnel expenses over a ninety (90) day period. If said financial statement does not reflect full ninety (90) day operational capacity, Proposer may include a letter of credit as evidence of supplemental capacity. 9. Insurance The selected Proposer shall provide the required evidence of insurance coverage as set forth in the standard agreement within ten (10) business days after receipt of Notice of Intent to Award. Contractor must maintain, for the duration of its contract, insurance coverages as required by the City. Subcontractors must comply with the City's insurance requirements as stated herein. Primary Contractor shall not allow any Subcontractor to commence work until all insurance required of Subcontractor is obtained. Additionally, Contractor shall provide the following insurance coverage: A warrant that the firm maintains a prudent amount of errors and omissions insurance that covers negligent acts and is applicable to the work requested in this RFP. Work on the contract shall not begin until after the awarded Contractor has submitted acceptable evidence of the required insurance coverages. VII. SELECTION PROCEDURES & CRITERIA A. The City will establish a proposal review committee, consisting of Information Technology Department staff designated by the Chief Technology Innovations Officer. The review committee will evaluate proposals based on the response to the RFP, which includes adherence to outlined directions and format, and the responses to the information requeseted above. B. Proposers will be ranked by the selection committee staff based on the following criteria: • Overall ability to provide the services based upon the responses to the RFP (25%) • Responses to Supplemental Questions (Section VI.F.4.) (25%) • Experience with similarly sized governmental agencies in providing the types of services outlined in this RFP (25%) • Responses to Cost Proposal (Section VI.F.5) (25%) RFP No. 20-124 Information Technology As -Needed Professional Services Page 15 of 35 CITY OF SANTA ANA C. A final score will be calculated for each submitted proposal and used to rank Proposers. The City is under no obligation to accept any proposal and reserves the right to negotiate with respondents as to fees and terms. The City may reject proposals at its sole discretion. If a proposal fails to satisfy any requirements outlined in this RFP, it may be considered non -responsive and the proposal may be rejected. The City shall not be obligated to accept the lowest priced proposal, but will make an award in the best interests of the City of Santa Ana after all factors have been evaluated. Finance staff will recommend the top ranked consulting firm to the City Manager or City Council for award of contract. Vill. WITHDRAWALS Proposers are responsible for verifying all prices and information before submitting a proposal. Prior to the proposal due date, the Proposer or Proposer's representative may withdraw the proposal by providing written notice of the proposal withdrawal to the City Contact/Project Manager. Verbal or telephonic withdrawals are not permissible. IX. PROTESTS Proposers may file a "protest" to an RFP with the City's Purchasing Department. In order for a Bidder's protest to be considered valid, the protest must: 1. Be filed in writing within five (5) business days of either the RFP issued date or before 5:00 p.m. of the 5th business day following the posting of Bid Results/Notice of Intent to Award Contract on the City's website; 2. Clearly identify the specific irregularity or accusation; 3. Clearly identify the specific City staff determination or recommendation being protested; 4. Specify, in detail, the grounds of the protest and the facts supporting the protest; and 5. Include all relevant, supporting documentation with the protest at time of filing. If the protest does not comply with each of these requirements, it will be rejected as invalid. If the protest is valid, the City's Purchasing Manager, or other designated City staff member, shall review the basis of the protest and all relevant information. The Purchasing Manager will provide a written decision to the protestor within ten (10) business days from receipt of protest. The decision from the Purchasing Manager, or her/her designee, is final and no further appeals will be considered. RFP No. 20-124 Information Technology As -Needed Professional Services Page 16 of 35 (9) CITY OF SANTA ANA X. GENERAL TERMS AND CONDITIONS By submitting a Proposal, the Proposer acknowledges that it has thoroughly examined and accepts the Terms and Conditions of this RFP as described below: A. AMERICANS WITH DISABILITIES ACT The awarded Contractor hereby certifies that it will comply, as applicable, with the Americans with Disabilities Act of 1990 ("ADA"), 42 USC §§ 12101 at seq., and its implementing regulations, including Subtitle A, Title II of the ADA. Contractor will not discriminate against persons with disabilities nor against persons due to their relationship to or association with a person with a disability. Any contract entered into by the awarded Contractor (or any subcontract thereof), relating to this RFP, shall be subject to the provisions of this paragraph. B. CITY RIGHT TO REJECT The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any agreement will be awarded pursuant to this RFP or otherwise. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal. C. CONFLICT OF INTEREST Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of the City. This obligation shall apply to the Contractor; the Contractor's employees, agents, and Subcontractors associated with accomplishing work and services hereunder. The Contractor's efforts shall include, but not be limited to, establishing precautions to prevent its employees, agents, and Subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence City staff or elected officers from acting in the best interests of the City. Each Proposer must disclose any existing or potential conflict of interest relative to the performance of the contractual services resulting from this RFP. Any such relationship that might be perceived or represented as a conflict should be disclosed. The City reserves the right to disqualify any Proposer on the grounds of actual or apparent conflict of interest. No person, firm, or subsidiary thereof who has been awarded this Contract may be awarded a Contractforthe provision of services, the deliveryof supplies, or the provision of any other related action which is required, suggested, or otherwise deemed appropriate as an end product of this Contract. Therefore, Contractor is precluded from contracting for any work recommended as a result of this Contract. D. CONTRACTOR'S EXPENSE Pre -Contractual Expenses: The City is not liable for any costs incurred by Proposers prior to entering into a formal contract. Costs of developing a response to this RFP, are entirely the responsibility of the Proposer, and shall not be reimbursed in any manner by the City. Pre -contractual expenses are not to be included in the cost proposal. Pre - contractual expenses include, but are not limited to, preparation of the proposal, submission of the proposal and additional information, attendance at pre -proposal RFP No. 20-124 Information Technology As -Needed Professional Services Page 17 of 35 conference, negotiating any matter related to this RFP with City, and/or any other expenses incurred by the Proposer prior to the date of award and execution, if any, of the contract. Other Expenses: The Contractor will be responsible for all costs related to photo copying, telephone communications, fax communications, and parking while on City sites during the performance of work and services under this Contract. E. CONTRACTOR'S PROJECT MANAGER/KEY PERSONNEL Except as formally approved by the City, the key personnel identified in Contractors proposal shall be the individuals who will actually complete the work. Changes in staffing must be reported in writing and approved by the City. The City shall have the right to require the removal and replacement of the Contractor's Project Manager and key personnel under the awarded contract. The City shall notify the Contractor in writing of such action. The City is not required to provide any reason, rationale, or additional factual information if it elects to request any specific key personnel be removed from performing services under the awarded contract. The City shall review and approve the appointment of the replacement for the Contractors personnel. Said approval shall not be unreasonably withheld. Standards of Conduct: Contractor's personnel shall be courteous and maintain good working relationships with all stakeholders, state or outside agencies, other team members and staff within the City. Criminal Background Certification: Contractor certifies that all employees working on this contract have had a criminal background check at Contractor's cost and that said employees are clear of any sexual and drug -related convictions. Contractor further certifies that all employees hired by Contractor or Subcontractor shall be free from any felony convictions. City reserves the right to require Contractor to pay fingerprinting fees for personnel assigned to work in sensitive areas. F. BACKGROUND INVESTIGATIONS Unless exempted by the City, Proposer(s) will conduct a background check on each candidate (after the candidate's conditional acceptance by the City and prior to the start of any engagement with the City). Contract service personnel and consultants on assignment with or in support of the Santa Ana Police Department (SAPD) will be required to pass a SAPID background investigation prior to beginning work with SAPID. Full name, address, phone number, birth date, Social Security number and driver's license number must be furnished to the City upon request. An application for SAPID background must be completed by each prospective contract service person who will be providing on -site services to SAPID. G. COST PROPOSAL The price and amount of the Cost Proposal/Fee Schedule must have been arrived at independently and without consultation, communication, agreement or disclosure with or to any other Subcontractor, Proposer or prospective Proposer. Prices offered by Proposers in their proposals are an irrevocable offer for the term of the contract and any contract extensions. The awarded Contractor agrees to provide the RFP No. 20-124 Information Technology As -Needed Professional Services Page 18 of 35 CITY OF SANTA ANA purchased services at the costs, rates, and fees as set forth in their Fee Schedule in response to this RFP. No other costs, rates or fees shall be payable to the awarded Subcontractor for implementation of their proposal. H. DATA RETENTION Contractor shall be responsible for retaining data, records, and documentation for the preparation of required items. These materials shall be made available to and as requested by City. All materials, documents, data or information obtained from the City Data files or any City medium furnished to Contractor in the performance of an awarded contract will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Contractor after completion or termination of this Contract without the express written consent of the City. All materials, documents, data or information, including copies, must be returned to the City at the end of the contract. All data, documents and other products used, developed, or produced during response preparation of the RFP will become property of the City. All responses to the RFP shall become property of the City. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act. DRUG -FREE WORKPLACE The awarded Contractor certifies compliance with Government Code Section 8355 in matters relating to providing a drug -free workplace. Failure to comply with these requirements may result in suspension of payments under the Contract or termination of the contract or both, and the Contractor may be ineligible for award of any future City contracts. J. EXAMINATION Proposer represents that it has thoroughly examined and become familiar with the services and responsibilities required this RFP and that it is capable of effectively and efficiently performing quality work to achieve the City's objectives. Any attachments referenced herein or any interpretations, clarifications or amendments subsequently posted in relation to this RFP are fully incorporated. Any irregularities or lack of clarity in the RFP should be brought to the designated City Contact/Project Manager's attention as soon as possible so that corrective addenda may be furnished to prospective Proposers. Proposals which appear unrealistic in the terms of technical commitments, lack of technical competence, or are indicative of failure to comprehend the complexity and risk of this contract, may be rejected. K. EXECUTION OF AGREEMENT Upon successful negotiations, the City and the selected Proposer will enter into an Agreement similar to that as shown in EXHIBIT 3 STANDARD AGREEMENT in the Appendix of this RFP. If a Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being notified of selection under this RFP, the City reserves the right to select the next most qualified Proposer or call for new Proposals, whichever the City deems most appropriate. RFP No. 20-124 Information Technology As -Needed Professional Services Page 19 of 35 M CITY OF SANTA ANA L. JOINT OFFERS/SUBCONSULTANTS Where two or more Proposers desire to submit a single Proposal in response to this RFP, they should do so on a prime sub -consultant basis. The City intends to contract with a single firm and not with multiple firms doing business as a joint venture. Should the use of sub -consultants be offered, the Proposer shall provide the same assurances of competence for the sub -consultant plus the demonstrated ability to manage and supervise the subcontracted work. Sub -consultants shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all sub -consultants in the same manner as the Proposer. The City reserves the right to reject, replace and approve any and all Subcontractors. All Subcontractor(s) shall be identified in the response to the RFP and the City reserves the right to reject any proposed Subcontractor(s). Subcontractors shall be the responsibility of the prime Contractor and the City shall assume no liability of such Subcontractors. M. INDEPENDENT CONTRACTOR Contractor is considered an independent Contractor and neither Contractor, its employees, nor anyone working under Contractor will be considered an agent or an employee of City. Neither Contractor, its employees, nor anyone working under Contractor, will qualify for workers' compensation or other fringe benefits of any kind through City. N. LITIGATION STATUS Each Proposer must include in its proposal a complete disclosure of any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the Proposer or in which the Proposer has been judged guilty or liable. Failure to comply with the terms of this provision will disqualify any proposal. The City reserves the right to reject any proposal based upon the Proposer's prior history with the City or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to meet contract milestones or other contractual failures. O. NEGOTIATIONS The City reserves the right to negotiate final contract terms with any Proposer selected. The contract between the parties will consist of the RFP together with any modifications thereto, and the awarded Contractor's proposal, together with any modifications and clarifications thereto that are submitted at the request of the City during the evaluation and negotiation process. In the event of any conflict or contradiction between or among these documents, the documents shall control in the following order of precedence: the final executed contract, the RFP, any modifications and clarifications to the awarded Contractor's proposal, and the awarded Contractor's proposal. Specific exceptions to this general rule may be noted in the final executed contract. Negotiations shall be confidential and not subject to disclosure to competing Contractors unless and until an agreement is reached. If contract negotiations cannot be concluded successfully, the City reserves the right to negotiate a contract with another Contractor or withdraw the RFP. RFP No. 20-124 Information Technology As -Needed Professional Services Page 20 of 35 CITY OF SANTA ANA P. PROJECT MANAGER The selected Proposer will assume responsibility for all services in its proposal. The selected Proposer shall identify a sole point of contact, Project Manager, with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement. Q. PROPOSAL VALIDITY Services, pricing, and warranties indicated in a Proposer's Proposal must be valid for a period of 90 days at minimum after the submission of the Proposal. R. PUBLIC AGENCIES Other public agencies, as defined by California Government Code Section 6500, may choose to use the terms of this Contract, subject to Contractor's acceptance. The City is not liable or responsible for any obligations related to a subsequent contract between Contractor and another public agency. S. PUBLIC RECORDS Proposals will become public record after the award of a contract unless the proposal or specific parts of the proposal can be shown to be exempt by law. Each Proposer may clearly label all or part of a proposal as "CONFIDENTIAL" provided that the Proposer thereby agrees to indemnify and defend the City for honoring such a designation. The failure to so label any information that is released by the City shall constitute a complete waiver of any and all claims for damages caused by any release of the information. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act. T. SUBCONTRACTORS Proposals in response to this RFP must identify any Subcontractors, and outline the contractual relationship between the Awarded Subcontractor and each Subcontractor. An official of each proposed Subcontractor must sign, and include as part of the proposal submitted by the Prime Contractor, a statement to the effect that the Subcontractor has read and will agree to abide by the awarded Contractor's obligations. Any Subcontractor proposed after award of contract must be approved by the City before commencement of work. The City will look solely to the awarded Contractor for the performance of all contractual obligations which may result from an award based on this RFP, and the awarded Contractor shall not be relieved for the non-performance of any or all Subcontractors. XI. AWARD OF AGREEMENT Selected Contractor(s) will be notified in writing. Any award is contingent upon the successful negotiation of final contract terms. A. EXECUTION OF AGREEMENT A standard agreement is included as Exhibit A — Sample Agreement of this RFP. "Proposer' will hereinafter be referred to as "Consultant" or "Contractor' in standard agreement. The term of the agreement will begin after the agreement is fully executed, and all required bonds, insurance documents and contents of the payment information packet have been received and approved. RFP No. 20-124 Information Technology As -Needed Professional Services Page 21 of 35 (9) CITY OF SANTA ANA XII. IMPLEMENTATION A. KICK-OFF MEETING A kick-off meeting will be held after award of contract. Contractor and its team will meet with City of Santa Ana staff to conduct introductions, discuss scope of services, and implementation process. B. NOTICE TO PROCEED Following the kick-off meeting, a formal Notice to Proceed (NTP) may be issued after the agreement is fully executed, and all insurance documents and contents of the Payment Information Packet have been received and approved. RFP No. 20-124 Information Technology As -Needed Professional Services Page 22 of 35 CITY OF SANTA ANA EXHIBIT A SAMPLE AGREEMENT THIS AGREEMENT is made and entered into on this _ day of , 2020 by and between , ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On January _, 2020, the City issued Request for Proposal No. 20-XXX, by which it sought proposals from qualified firms to provide in accordance with B. B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that Consultant is able and willing to provide such services described in the scope of services that was included in RFP No. 20-XXX C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform those services as collectively describe in Exhibit A, the scope of services that was included in RFP No. 20-XXX, and Exhibit B, Consultant's proposal dated , 2020, both of which are attached and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement shall not exceed $ during the intial term of this Agreement. This amount is comprised of (1) the sum of $ and (2) a 10% contingency of up to $ for services as may be performed by Consultant at the sole discretion of City. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. RFP No. 20-124 Information Technology As -Needed Professional Services Page 23 of 35 M 3. TERM CITY OF SANTA ANA This Agreement shall commence on [enter a Start Date or "the date first written above"] and terminate on , unless terminated earlier in accordance with Section 14 below. The term of this Agreement may be extended for two additional (2) one-year periods upon a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant 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 Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non- exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. RFP No. 20-124 Information Technology As -Needed Professional Services Page 24 of 35 (a CITY OF SANTA ANA b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. V. Consultant shall supply City with a fully executed additional insured endorsement. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property RFP No. 20-124 Information Technology As -Needed Professional Services Page 25 of 35 (Z) CITY OF SANTA ANA 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. 8. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 9. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such 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 Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 10. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 11. 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: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 RFP No. 20-124 Information Technology As -Needed Professional Services Page 26 of 35 (9) With courtesy copies to: CITY OF SANTA ANA Jack Ciulla Chief Technology Innovations Officer Information Technology Department City of Santa Ana 20 Civic Center Plaza (M-xx) P.O. Box 1988 Santa Ana, California 92702 To Consultant: First & Last Name Title Consultant Firm Name Address City, State, Zip City Attorney's Office City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 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. 12. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 13. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of RFP No. 20-124 Information Technology As -Needed Professional Services Page 27 of 35 CITY OF SANTA ANA the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 14. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. Asa condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product b. shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. c. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. NONDISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 16. 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. 17. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 18. 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. RFP No. 20-124 Information Technology As -Needed Professional Services Page 28 of 35 `', `Y,�' CITY OF SANTA ANA b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney in Assistant City Attorney RECOMMENDED FOR APPROVAL: Jack Ciulla Chief Technology Innovations Officer Information Technology Department CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT: (name) (title) Tax ID SAMPLE ONLY RFP No. 20-124 Information Technology As -Needed Professional Services Page 29 of 35 (9) CITY OF SANTA ANA ATTACHMENT A REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference Customer Address Contract Amount: Description of supplies, equipment, or services provided Reference Customer Name: Address: Contract Amount: Description of supplies, equipment, or services provided: Reference Customer Address: Contract Amount: Description of supplies, equipment, or services provided: Contact Individual: Phone Number: _ Facsimile Number: Year. Contact Individual: Phone Number: Facsimile Number: Year: Contact Individual: Phone Number: Facsimile Number: Year: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP No. 20-124 Information Technology As -Needed Professional Services Page 30 of 35 CITY OF SANTA ANA ATTACHMENT B PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds and certificate of 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. Signed and Printed Name: Title Date THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP No. 20-124 Information Technology As -Needed Professional Services Page 31 of 35 CITY OF SANTA ANA ATTACHMENT C NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham 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 noncollusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this noncollusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. State of California, County of Subscribed and sworn to (or affirmed) before me on this day of , 20_, by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. 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. RFP No. 20-124 Information Technology As -Needed Professional Services Page 32 of 35 CITY OF SANTA ANA 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, 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 accordingly. Signed: Title: Firm: Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP No. 20-124 Information Technology As -Needed Professional Services Page 33 of 35 CITY OF SANTA ANA ATTACHMENT E NON-DISCRIMINATION CERTIFICATION The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 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, 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. 6. 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. RFP No. 20-124 Information Technology As -Needed Professional Services Page 34 of 35 PaAn. 1 CITY OF SANTA ANA 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 Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 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 violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Firm: Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP No. 20-124 Information Technology As -Needed Professional Services Page 35 of 35 EXHIBIT C REQUEST FOR PROPOSAL NO.20-124 ADDENDUM #1 MAYOR Miguel A. Pulido MAYOR PRO TEM Juan Villegas COUNCILMEMBERS Phil Bacerra Nelda Mendoza David Penaloza Vicente Sarmiento Jose Solorio CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Daisy Gomez CITY OF SANTA ANA FINANCE AND MANAGEMENT SERVICES AGENCY 20 Civic Center Plaza • P.O. Box 1988 Santa Ana, California 92702 714-647-5468 www.santa-ana ora INFORMATION TECHNOLOGY AS -NEEDED PROFESSIONAL SERVICES RFP 20-124 ADDENDUM NO. 1 November4,2020 Notice is hereby given that where applicable; the City of Santa Ana Information Technology Department has made certain modifications, additions, and/or deletions, in the specifications to RFP 20-124, or reference is made in this Addendum No. 1. REVISED SECTION III.A.9., GENERAL REQUIREMENTS Bidder shall disregard the language found in this section and replace with the following: "In order to maintain compatibility and security concerns, the City will provide IT Service Provider's staff with a computer to use for City work. IT Service Provider is responsible providing their personnel with all other equipment and office supplies necessary for their staff to perform their duties, including a cell phone. Any equipment assigned to IT Service Provider staff will need to be returned at the end of the staff member's assignment." ALL OTHER TERMS, CONDITIONS, AND SPECIFICATIONS REMAIN UNCHANGED. END OF ADDENDUM NO. 1 Francine R. Digitally signed by FrancineR. Villareal Villareal Date: 2021.04.22 12:20:10-0700' ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 04/21 /2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Wright, Finnegan & Carter Insurance Associates 23001 La Palma Ave Ste 100 Yorba Linda, CA 92887 CONTACT Rachelle Harman PHONE FAX AIc No): (714)283-1997 ADDRESS: rachelleh@wfcinsurance.com INSURER(S) AFFORDING COVERAGE NAIC # License #: Ok93616 INSURERA: Continental Casualty 20494 INSURED Sierra Cybernetics Inc INSURER B : DBA Suite 201 INSURERC: INSURER D: 5140 E. La Palma Ave. INSURERE: Anaheim Hills, CA 92807-2069 INSURER F : COVERAGES CERTIFICATE NUMBER: 00001561-680688 REVISION NUMBER: 14 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y 1034949260 04/20/2021 04/20/2022 EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE 1XI OCCUR DAMAGE RENTED PREM SESOEa occu Bnce $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL &ADV INJURY $ 2,000,000 AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 GEN'L X POLICY PECT LOC PRODUCTS - COMP/OP AGG $ 4,000,000 $ OTHER: AUTOMOBILE LIABILITY 1034949260 04/20/2021 04/20/2022 CMBINEDA Ee acciden SINGLE LIMIT $ 1 000 000 BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ X HIRED NON -OWNED AUTOS ONLY X AUTOS ONLY UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below I I I I I E.L. DISEASE - POLICY LIMIT $ A Bus Pers Property 1034949260 04/20/2021 04/20/2022 Limit 1,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) THE CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES ,AGENTS & REPRESENTATIVES ARE ADDITIONAL INSURED & PRIMARY WORDING APPLIES PER THE BLANKET ADDITIONAL INSURED ENDORSEMENT ATTACHED TO THE POLICY - AS REQUIRED BY WRITTEN CONTRACT. 30 DAY WRITTEN NOTICE OF CANCELLATION WILL BE PROVIDED TO THE CITY OF SANTA ANA, 20 CIVIC CENTER PLAZA, SANTA ANA, CA 92701. 30 DAY CERTIFICATE HOLDER CANCELLATION THE CITY OF SANTA ANA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN RISK MANAGEMENT DIVISION ACCORDANCE WITH THE POLICY PROVISIONS. 20 CIVIC CENTER DRIVE 4TH FLOOR AUTHORIZED REPRESENTATIVE SANTA ANA, CA 92702 (44 © 1988-2015 ACORD CO "BRA"`F RisleTAa�ag�rnentDiveaian z REVIEWED & APPROVED BY.- ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Printed by I Risk Management Analyst AGENCY CUSTOMER ID: 00001561 LOC #: ,4co�zo° ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Wright, Finnegan & Carter Insurance Associates Sierra Cybernetics Inc DBA Suite 201 POLICY NUMBER 1034949260 CARRIER NAIC CODE Continental Casualty 20494 EFFECTIVE DATE: 04/20/2021 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance WRITTEN NOTICE OF CANCELLATION WILL BE GIVEN TO THE CERTIFICATE HOLDER IN THE EVENT OF POLICY CANCELLATION. ACORD 101 (2008/01) © 2008 ACORD CO The ACORD name and logo are registered marks of ACORD Printed by �oRaN RiskMwagementDiAsian 41"�°�jREVIEWED&APPROVEDSY:z Risk Management Analyst Policy: 1034949260 CNA S(Ed. 6-6, BLANKET ADDITIONAL INSURED AND LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS TABLE OF CONTENTS I. Blanket Additional Insured Provisions A. Additional Insured — Blanket Vendors B. Miscellaneous Additional Insureds C. Additional Provisions Pertinent_to Additional Insured Coverage 1. Primary — Noncontributory provision 2. Definition of "written contract." II. Liability Extension Coverages A. Bodily Injury — Expanded Definition B. Broad Knowledge of Occurrence C. Estates, Legal Representatives and Spouses D. Legal Liability — Damage to Premises E. Personal and Advertising Iniury — Discrimination or Humiliation F. Personal and Advertising Injury — Broadened Eviction G. Waiver of Subrogation - Blanket I. BLANKET ADDITIONAL INSURED PROVISIONS A. ADDITIONAL INSURED — BLANKET VENDORS Who Is An Insured is amended to include as an additional insured any person or organization (referred to below as vendor) with whom you agreed under a "written contract" to provide insurance, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendors business, subject to the following additional exclusions: 1. The insurance afforded the vendor does not apply to: a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract of agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor: d. Repackaging, except when unpacked solely for the purpose of inspection; demonstration. testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container. S0146932F (6-16} Page 1 of 7 Copyright, CNA All Rights Reserved. �ortaN RiskMmRgemerdDiAsiun REVIEWED & APPROVED BY. - Risk Management Analyst CNA S (Ed. 6- fi) e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business. in connection with the distribution or sale of the products; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product: g. Products which. after distribution ❑r sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or h. "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1 ) The exceptions contained in Subparagraphs d. or f.; or (2) Such inspections, adjustments. tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. S. This provision 2. does not apply to any vendor included as an insured by an endorsement issued by us and made a part of this Policy. 4. This provision 2. does not apply if "bodily injury" or "property damage" included within the "products - completed operations hazard" is excluded either by the provisions of the Policy or by endorsement. B. MISCELLANEOUS ADDITIONAL INSUREDS 1. Who Is An Insured is amended to include as an insured any person or organization (called additional insured) described in paragraphs 3.2. through 3.j. below whom you are required to add as an additional insured on this policy under a "written contract.": 2. However, subject always to the terms and conditions of this policy, including the limits of insurance, we will not provide the additional insured with: a. A higher limit of insurance than required by such 'Written contract"; b. Coverage broader than required by such "written contract" and in no event greater than that described by the applicable paragraph a. through k. below; or c. Coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard." But this paragraph c. does not apply to the extent coverage for such liability is provided by paragraph 3.j. below. Any coverage granted by this endorsement shall apply only to the extent permitted by law, 3. Only the following persons or organizations can qualify as additional insureds under this endorsement: a. Controlling Interest Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of- (1) such person or organization's financial control of you; or (2) Premises such person or organization owns, maintains or controls while you lease or occupy these premises; provided that the coverage granted to such additional insureds does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured. SB148932F (6-16) Page 2 of 7 Copyright, CNA All Rights Reserved. �oRaN Risk MmRgemerdDiAsran REVIEWED & APPROVED BY. - Risk Management Analyst SB146932F {Ed. 6-161 b. Go -owner of Insured Premises A co-owner of a premises co -owned by you and covered under this insurance but only with respect to the co -owners liability for "bodily injury", "property damage" or "personal and advertising injury" as co-owner of such premises. c. Grantor of Franchise Any person or organization that has granted a franchise to you, but only with respect to such person or organization's liability for "bodily injury", "property damage", or "personal and advertising injury" as grantor of a franchise to you. d. Lessor of Equipment Any person or organization from whom you lease equipment, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by your maintenance, operation or use of such equipment, provided that the "occurrence" giving rise to such "bodily injury" or "property damage" or the offense giving rise to such "personal and advertising injury" takes place prior to the termination of such lease. e. Lessor of Land Any person or organization from whom you lease land, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" arising cut of the ownership: maintenance or use of that specific part of the land leased to you, provided that the "occurrence" giving rise to such "bodily injury" or "property damage" or the offense giving rise to such "personal and advertising injury", takes place prior to the termination of such lease. The insurance hereby afforded to the additional insured does not apply to structural alterations, new construction or demolition operations performed by, on behalf of or for such additional insured. f. Lessor of Premises An owner or lessor of premises leased to you, or such owner or lessor's real estate manager, but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury" arising out of the ownership, maintenance or use of such part of the premises leased to you, and provided that the "occurrence" giving rise to such "bodily injury" or "property damage" or the offense giving rise to such "personal and advertising injury", takes place prior to the termination of such lease. The insurance hereby afforded to the additional insured does not apply to structural alterations, new construction or demolition operations performed by, on behalf of or for such additional insured. g. Mortgagee, Assignee or Receiver F, A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee, or receiver's liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of the ownership: maintenance, or use of a premises by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by, on behalf of or for such additional insured. h. State or Political Subdivisions A state or government agency or subdivision or political subdivision that has issued a permit or authorization, but only with respect to such government agency or subdivision or political subdivision's liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of: (1) The following hazards in connection with premises you own, rent, or control and to which this insurance applies: S0146932F (6-16) Page 3 of 7 (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances; coal holes, driveways, manholes; marquees, hoistaway openings, sidewalk vaults. street hanners, or decorations and similar exposures, or (b) The construction, erection, or removal of elevators; or' (a) The ownership, maintenance or use of any elevators covered by this insurance; ❑r Copyright, CNA All Rights Resmed. �oRaN RiskMmRgemerdDlAsran REVIEWED & APPROVED BY. - Risk Management Analyst C/VA S (Ed. 6- 6) (2) The permitted or authorized operations performed by you or on your behalf. But the coverage granted by this paragraph does not apply to: (a) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or government agency or subdivision or political subdivision; or (b) "Bodily injury" or "property damage" included within the "products -completed operations hazard." With respect to this prevision's requirement that additional insured status must be requested under a "written contract", we will treat as a "written contract" any governmental permit that requires you to add the governmental entity as an additional insured. Trade Show Event Lessor With respect to your participation in a trade show event as an exhibitor, presenter or displayer, any person or organization .whom you are required to include as an additional insured, but only with respect to such person or organization's liability for "bodily injury", "property damage", or "personal and advertising injury" cause by: a. Your acts or omissions; or b. Acts or omissions of those acting on your behalf; in the performance of your ongoing operations at the trade show premises during the trade show event. Other Person or Organization Any person or organization who is not an additional insured under paragraphs a. through I. above. Such additional insured is an insured solely for "bodily injury", "property damage" or "personal and advertising injury" for which such additional insured is liable because of your acts ❑I- omissions. The coverage granted by this paragraph does not apply to any person or organization: (1) For "bodily injury," "property damage," or "personal and advertising injury" arising out of the rendering or failure to render any professional services; (2) For "bodily injury" or "property damage" included in the "products -completed operations hazard." But this provision (2) does not apply to such "bodily injury' or "property damage" it: (a) It is entirely due to your negligence and specifically results from your work for the additional insured which is the subject to the '%witten ccntract" ; and (b) The "written contract" requires you to make the person or organization an additional insured for such "bodily injury' or "property damage"; or (3) Who is afforded additional insured coverage under another endorsement attached to this policy. C. ADDITIONAL PROVISIONS PERTINENT TO ADDITIONAL INSURED COVERAGE With respect only to additional insured coverage provided under paragraphs A. and B. above: The BUSINESSOWNERS COMMON POLICY CONDITIONS are amended to add the following to the Condition entitled Other Insurance: This insurance is excess of all other insurance available to an additional insured whether primary, excess, contingent or on any ether basis. However, if a "written contract" requires that this insurance be either primary or primary and noncontributing, then this insurance rrrill be primary and non-contributory relative solely to insurance on which the additional insured is a named insured. 2. Under Liability and Medical Expense Definitions, the following definition is added: "Written contract" means a written contract or agreement that requires you to make a person or organization an additional insured on this policy, provided the contract or agreement: a. Is currently in effect or becomes effective during the term of this policy; and b. Was executed prior to: SB148932F (6-16) Page 4 of 7 Copyright, CNA All Rights Reserved. �oRaN Risk MmRgemerdDlAsiun REVIEWED & APPROVED BY. - Risk Management Analyst .__ JAV L SB146932F (Ed. 6-161 (1 ) The "bodily injury" or "property damage"; or (2) The offense that caused the "personal and advertising injury"; for which the additional insured seeks coverage. II. LIABILITY EXTENSION COVERAGES It is understood and agreed that this endorsement amends the Businessowners Liability Coverage Form. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement to such provision do net apply. A. Bodily Injury — Expanded Definition Under Liability and Medical Expenses Definitions, the definition of "Bodily injury" is deleted and replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the physical injury, sickness or disease. B. Broad Knowledge of Occurrence Under Businessownars Liability Conditions, the Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended to add the following: Paragraphs a. and b. above apply to you or to any additional insured only when such "occurrence." offense, claim or "suit" is known to: (1) You or any additional insured that is an individual; (2) Any partner, if you or an additional insured is a partnership; (3) Any manager, if you or an additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or an additional insured is a corporation; (6) Any trustee, if you or an additional insured is a trust; or (6) Any elected or appointed official. if you or an additional insured is a political subdivision or public entity. This paragraph applies separately to you and any additional insured. C. Estates, Legal Representatives and Spouses F, The estates, heirs, legal representatives and spouses of any natural person insured shall also be insured under this policy; provided; however, coverage is afforded to such estates, heirs, legal representatives and spouses only for claims arising solely out of their capacity as such and, in the case of a spouse, where such claim seeks damages from marital common property, jointly held property, or property transferred from such natural person insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative or spouse outside the scope of such person's capacity as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are insureds with respect to such spouses' acts, errors or emissions in the conduct of the Named Insured's business- D. Legal Liability — Damage To Premises Under B. Exclusions, 1. Applicable to Business Liability Coverage, Exclusion k. Damage To Property, is replaced by the following: k. Damages To Property "Property damage" to: S0146932F (6-16) Page 5 of 7 Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of Copyright, CNA All Rights Resmed. �ortaN � z ® RiskMmRgemerdDiAsran REVIEWED & APPROVED BY: tc R. VSA44a Risk Management Analyst C/VA S (Ed. 6- 6) such property for any reason, including prevention of injury to a person or damage to another's property; 2. Premises you sell, give avmy or abandon, if the "property damage" arises out of any part of those premises; 3. Property loaned to you; 4. Personal property in the care; custody or control of the insured; 5. That particular part of any real property on which you or any contractors or subcontractors working directly or indirectly in your behalf are performing operations, if the "property damage" arises out of those operations; or G. That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraph 2 of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs 1, 3, and 4, of this exclusion do not apply to "property damage" father than damage by fire or explosion) to premises: (1) rented to you: (2) temporarily occupied by you with the permission of the owner, or (3) to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section D — Liability and Medical Expenses Limits of Insurance. Paragraphs 3, 4, 3: and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to "property damage" included in the "products -completed operations hazard_" 2. Under B. Exclusions, 1. Applicable to Business Liability Coverage, the following paragraph is added, and replaces the similar paragraph, if any, beneath paragraph (14) of the exclusion entitled Personal and Advertising injury: Exclusions c, d, e, f, g, h, i, k, I, m, n, and a, do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner or to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section D. Liability And Medical Expenses Limits of Insurance, 3. The first Paragraph under item 5. Damage To Premises Rented To You Limit of the section entitled Liability And Medical Expenses Limits Of Insurance is replaced by the following: The most we will pay under Business Liability for damages because of "property damage" to any one premises, while rented to you or temporarily occupied by you with the permission of the owner, including contents of such premises rented to you for a period of 7 or fewer consecutive days, is the Damage to Premises Rented to You limit shown in the Declaration. E. Personal and Advertising Injury — Discrimination or Humiliation 1. Under Liability and Medical Expenses Definitions, the definition of "personal and advertising injury" is amended to add the following: h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. but only if such discrimination or humiliation is: (1) Not done intentionally by or at the direction of: (a) The insured; or SB148932F (6-16) Page 6 of 7 Copyright, CNA All Rights Reserved. �ortaN } z Risk MmRgemerdDiAsran REVIEWED & APPROVED BY: f R. VSA44a Risk Management Analyst CNA s(Ed. 6- 6, (b) Any "executive officer," director, stockholder, partner, member or manager (if you are a limited liability company) of the insured; and (2) Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or person by any insured. 2. Under B. Exclusions, 1. Applicable to Business Liability Coverage, the exclusion entitled Personal and Advertising injury is amended to add the fallowing additional exclusions: (16)Discrimination Relating to Room, Dwelling or Premises Caused by discrimination directly or indirectly related to the sale, rental, lease or sub -lease or prospective sale. rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any insured. (16)Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any insured. (17)Fines or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. 3. This provision (Personal and Advertising Injury — Discrimination or Humiliation) does not apply if Personal and Advertising Injury Liability is excluded either by the provisions of the Policy or by endorsement. F. Personal and Advertising Injury - Broadened Eviction Under Liability and Medical Expenses Definitions, the definition of "Personal and advertising injury" is amended to delete Paragraph c. and replace it with the fallowing: c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a roam dwelling or premises that a person or organization occupies committed by or on behalf of its owner, landlord ❑rlessor_ G. Waiver of Subrogation — Blanket We waive any right of recovery %ve may have against: a. Any person a organization with whom you have a written ccntract that requires such a waiver. M All ether terms and conditions of the Policy remain unchanged a S0146932F (6-16) Page 7 of 7 Copyright, CNA All Rights Resmed. �oRaN RiskMmRgemerdDMsiun REVIEWED & APPROVED BY. - Risk Management Analyst CNA CNA80103XX (09-14) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance piovided under the following: BUSINESSOWNERS COMMON POLICY CONDITIONS The fallowing is added to Paragraph H. Other Insurance and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that- 1. The additional insured is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. All other terms and conditions of the Policy remain unchanged. CNA80103XX (09-14) Page 1 of 1 Cop right, [:f• A All RifjWq Re --peed. IIICIIICIP. s copyrighted mate naI of Insulrance.. SPNICP.S Office, Inc..: vdith ortaN RAMmRgemerdDMsfan r� ^ecoG< REVIEWED & APPROVED BY: r Risk Management Analyst ,a`oRo° CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYW) 04/08/2021 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 be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Kathy Thomas Katherine A. Thomas A N Ext: 714-720-8940 aC No: E-MAIL kthomasagent@gmail.com 9 kthomasa ent mail.com 5505 E. Santa Ana Can Rd, #17071 Canyon y INSURER(S) AFFORDING COVERAGE NAIC# Anaheim Hills, CA 92817 INSURERA: State Compensation Insurance Fund of California 35076 INSURED INSURER B : Lloyd's 15792 INSURERC: SIERRA CYBERNETICS INC. INSURER D : 5140 E. LA PALMA AVE, #201 ANAHEIM, CA 92807 INSURER E: 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 LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD POLICY EXP MM/DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ OCCUR DAMACLAIMS-MADE1:1 PREMISES TO cc " PREMISES Ea occurrence)$ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY D PRO ❑ JECT LOC PRODUCTS - COMP/OP AGG $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ NON -OWNED HIRED AUTOS AUTOS UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LAB CLAIMS -MADE DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N / A x 1627635-21 04/30/2021 04/30/2022 PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 B PROFESSIONAL LIABILITY ESJO020687718 08/14/2020 08/14/2021 Each Claim $ 1,000,000 Aggregate $ 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Risk Management Division THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 Civic Center Plaza, 4th floor ACCORDANCE WITH THE POLICY PROVISIONS. Santa Ana , CA 92702 THIRTY (30) DAY PRIOR WRITTEN NOTICE OF CANCELLATION AUTHORIZED REPRESENTATIVE / �„oRaNc RAMwwgementDmsion REVIEWED & APPRCYVED BY: r. © 1988-2014 ACORD C ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD Risk Management Analyst Ejhjubmmz!tjhofe!cz! Upsj! Upsj!Qjfstpo! Ebuf;!3133/19/27! Qjfstpo 23;16;66!.18(11( DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 04/08/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER Rachelle Harman NAME: Wright, Finnegan & Carter Insurance Associates FAX PHONE (714)283-1999(714)283-1997 (A/C, No): (A/C, No, Ext): 23001 La Palma Ave, Ste 100 E-MAIL certificates@wfcinsurance.com ADDRESS: Yorba Linda, CA 92887 INSURER(S) AFFORDING COVERAGENAIC # License #: 0k93616 INSURER A : Continental CasualtyContinental CasualtyContinental Casualty204942049420494 INSURED INSURER B : Sierra Cybernetics Inc INSURER C : 5140 E. La Palma Ave. INSURER D : Suite 201 INSURER E : Anaheim Hills, CA 92807-2069 INSURER F : COVERAGESCERTIFICATE NUMBER:00001561-786498REVISION NUMBER:26 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. ADDLSUBR INSRPOLICY EFFPOLICY EXP TYPE OF INSURANCELIMITS POLICY NUMBER (MM/DD/YYYY)(MM/DD/YYYY) LTR INSDWVD COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE$ 04/20/202204/20/2023 2,000,000 AXY1034949260 DAMAGE TO RENTED CLAIMS-MADEOCCUR$ 1,000,000 X PREMISES (Ea occurrence) MED EXP (Any one person)$ 10,000 XBusiness Owners PERSONAL & ADV INJURY$ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$ 4,000,000 PRO- POLICYLOCPRODUCTS - COMP/OP AGG$ 4,000,000 X JECT $ OTHER: COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY$ 04/20/202204/20/2023 A10349492601,000,000 (Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNEDSCHEDULED BODILY INJURY (Per accident)$ AUTOS ONLYAUTOS NON-OWNED HIREDPROPERTY DAMAGE $ XX (Per accident) AUTOS ONLYAUTOS ONLY $ UMBRELLA LIAB EACH OCCURRENCE$ OCCUR EXCESS LIAB CLAIMS-MADEAGGREGATE$ $ DEDRETENTION$ PEROTH- WORKERS COMPENSATION STATUTEER AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT$ N / A OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE$ If yes, describe under E.L. DISEASE - POLICY LIMIT$ DESCRIPTION OF OPERATIONS below Limit 04/20/202204/20/2023 ABus Pers Prop10349492601,020 Deductible 500 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) THE CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES ,AGENTS & REPRESENTATIVES ARE ADDITIONAL INSURED & PRIMARY WORDING APPLIES PER THE BLANKET ADDITIONAL INSURED ENDORSEMENT ATTACHED TO THE POLICY - AS REQUIRED BY WRITTEN CONTRACT. 30 DAY WRITTEN NOTICE OF CANCELLATION WILL BE PROVIDED TO THE CITY OF SANTA ANA, 20 CIVIC CENTER PLAZA, SANTA ANA, CA 92701. 30 DAY WRITTEN NOTICE OF CANCELLATION WILL BE GIVEN TO THE CERTIFICATE HOLDER IN (continued on ACORD 101 Additional Remarks Schedule) CERTIFICATE HOLDERCANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF SANTA ANA THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN RISK MANAGEMENT DIVISION ACCORDANCE WITH THE POLICY PROVISIONS. 20 CIVIC CENTER DRIVE AUTHORIZED REPRESENTATIVE 4TH FLOOR SANTA ANA, CA 92702 (RMH) © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03)The ACORD name and logo are registered marks of ACORDPrinted by RMH on 04/08/2022 at 09:02AM 00001561 AGENCY CUSTOMER ID: LOC #: 2 Page of ADDITIONAL REMARKS SCHEDULE AGENCYNAMED INSURED Wright, Finnegan & Carter Insurance AssociatesSierra Cybernetics Inc POLICY NUMBER 1034949260 CARRIERNAIC CODE Continental Casualty20494 EFFECTIVE DATE: 04/20/2022 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, 25Certificate of Liability Insurance FORM NUMBER:FORM TITLE: (continued from Description of Operations) THE EVENT OF POLICY CANCELLATION. ACORD 101 (2008/01)© 2008 ACORD CORPORATION. All rights reserved. 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DATE(MM/DD/YYYY) ACOR" CERTIFICATE OF LIABILITY INSURANCE 16. � 1 07/02/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Wright, Finnegan Sikarter Insurance Associates NAME: DaULL essig 23001 La Palma A to PHONE A/C No Exf _(7 )2 - - 997 Yorba Linda, CA ADMDRESS: DLaesslg fcin ance. m License#: Ok93 NSURER(S)AAFORDING COV€RAGE NAlf# ngie INSURERA: O Mt %fitaA Pf PP94Ar INSURED INSURER B Sierra Cybernetics Inc 5140 E. La Palma Ave. wsuRER' Suite 201 4NREI L): a e. m1A uT Anaheim Hills, C 07 6 F IN .t F: COVERAGES R A M 6 _ 5 E1/ N R -51111 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW H VE',CEN ISSUED TO THE INS RED NA AB E FOR HE POLITY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITI JN r r ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDLD 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR I POLICY NUMBER MM/DD/YYYY MM/DDIYYYY A X COMMERCIAL GENERAL LIABILITY Y 1034949260 04/20/2024 04/20/2025 EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE DAMAGE TO RENTED X OCCUR PREMISES Ea occurrence $ 1,000,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 X POLICY PRO- ❑ LOC PRODUCTS-COMP/OP AGG $ OTHER: JECT $ A AUTOMOBILE LIABILITY 1034949260 04/20/2024 04/20/2025 (CEO,acccideDtsINGLE LIMIT $ 1,000,000 ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ X AUTOS ONLY X AUTOS ONLY Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED T7 RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Bus Pers Prop 1034949260 04/20/2024 04120/2025 Limit 1,071 Deductible 500 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) THE CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES ,AGENTS&REPRESENTATIVES ARE ADDITIONAL INSURED& PRIMARY WORDING APPLIES PER THE BLANKET ADDITIONAL INSURED ENDORSEMENT ATTACHED TO THE POLICY-AS REQUIRED BY WRITTEN CONTRACT. 30 DAY WRITTEN NOTICE OF CANCELLATION WILL BE PROVIDED TO THE CITY OF SANTA ANA,20 CIVIC CENTER PLAZA, SANTA ANA, CA 92701.30 DAY WRITTEN NOTICE OF CANCELLATION WILL BE GIVEN TO THE CERTIFICATE HOLDER IN THE EVENT OF POLICY CANCELLATION.THIS CERTIFICATE OF INSURANCE SUPERSEDES THE ONE ISSUED ON 3/31/23. CERTIFICATE HOLDER CANCELLATION THE CITY OF SANTA ANA SHOULD ANY OF THE ABOVE DESCRI THE EXPIRATION DATE THEREOF,NO RiekManaglrnentDivisinrt RISK MANAGEMENT DIVISION ACCORDANCE WITH THE POLICY PRC N.oRa"`<.. 20 CIVIC CENTER DRIVE o REVIEWED&�/,[4PPRCMmBY: 4TH FLOOR AUTHORIZED REPRESENTATIVE ' SANTA ANA, CA 92702 Risk Management Specialist ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Printed by DLL on 07/02/2024 at 10:45AM ,a`oRo° CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 08/14/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT a Jose Arria NAME: 9 Jose Arriaga A/CN No.Ext: 949-713-5790 HOE FAX No): 26212 Dimension Dr. Suite 240 ADDRESS: carriaga@farmersagent.com Lake Forest, CA 92630 INSURER(S)AFFORDING COVERAGE NAIC# License#OF94546 INSURERA: State Compensation Insurance Fund of California 35076 INSURED INSURER B: Lloyd's 15792 SIERRA CYBERNETICS INCORPORATED INSURERC: 5140 E. LA PALMA AVE,#201 INSURER D: ANAHEIM, CA92807 INSURERE: 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR I POLICY NUMBER MM/DD/YYYY MM/DD/YYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ OCCUR DAMAGE TO RENTED CLAIMS-MADE El PREMISES Ea occurrence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY❑ PRO- POLICY ❑ LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION X SPER TATUTE OERH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ 1000000 A OFFICER/MEMBER EXCLUDED? Y❑ N/A X 1627635-24 04/30/2024 04/30/2025 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1000000 If yes,describe under 1000000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ B Professional&Cyber Liability X X ESM0339733072 08/14/2024 08/14/2025 Each Claim $ 2000000 Aggregate $ 2000000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Finance&Management Services Agency THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 Civic Center Plaza,M-16 ACCORDANCE WITH THE POLICY PROVISIONS. Santa Ana,CA 92702 AUTHORIZED REPRESENTATIVE Q� ©1988-2014 AC)RD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD APPROVED By Cynthia Mora at 11:27 am,Oct 29,2024 CERTIFICATE OF LIABILITY INSURANCE DATE(M 0/15/ Y2025 Ill 1 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 be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: Arun Parikh FICKE & ASSOCIATES, INC A/CONNo Ext: (877)516-3749 A/C,NO: (888)717-7763 271 ROUTE 46 W E-MAIL coi@fickeinsurance.com ADDRESS: SUITE A201 INSURER(S) AFFORDING COVERAGE NAIC# FAIRFIELD NJ 07004 INSURER A:Hartford Underwriters Insurance Compan} 30104 INSURED INSURER B:Hartford Casualty Insurance Company 29424 SIERRA CYBER LLC INSURER C:Hartford Fire Insurance Company 19682 5901 W CENTURY BLVD INSURERD: STE 750 INSURER E LOS ANGELES CA 90045-5443 INSURER F: COVERAGES CERTIFICATE NUMBER:MASTER COI 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 OFANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TOALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DDNYYY MM/DD/YYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 DAMAA CLAIMS-MADE Ex_]OCCUR PREMISES (E.occurrence)RENTED 1,000,000 PREMISES Ea occurrence $ X 13SBABV4EL7 9/1/2025 9/1/2026 MED EXP(Any one person) $ 10,000 PERSONAL &ADV INJURY $ 2,000,000 M 'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY ❑ PRO ❑ LOC PRODUCTS-COMP/OPAGG $ 4,000,000 JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 2,000,000 Ea accident ANYAUTO BODILY INJURY(Per person) $ A ALL OWNED SCHEDULED AUTOS AUTOS 13SBABV4EL7 9/1/2025 9/1/2026 BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE X HIRED AUTOS N AUTOS Per accident) $ UMBRELLA LAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A B (Mandatory in NH) 13WECBV4ERV 9/1/2025 9/1/2026 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 C PROFESSIONAL LIAB WITH CYBER 13TE0811967 9/1/2025 9/1/2026 LIMITS $2M/$2M A PROPERTY COVERAGE 13SBABV4EL7 9/1/2025 9/1/2026 BPP LIMIT $100,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) THE CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES ARE ADDED AS ADDITIONAL INSURED AND PRIMARY WORDING APPLIES AS PER BLANKET ADDITIONAL INSURED ENDORSEMENT ATTACHED TO THE POLICY AS REQUIRED BY WRITTEN CONTRACT. TU TYd n Digitally by TB TnNg APPROVED Date:1025.10.16 Nguyen 14:35:23-0700' By Tu Tran Nguyen at 2:35 pm, Oct 16,2025 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF SANTA ANA THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ATTN: IT DEPARTMENT, M-42 ACCORDANCE WITH THE POLICY PROVISIONS. 20 CIVIC CENTER PLAZA, SANTA ANA, CA 92701 AUTHORIZED REPRESENTATIVE Arun Parikh/DSHAH ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD INS025(201401) COMMENTS/REMARKS CANCELLATION CLAUSE: SHOULD ANY OF THE ABOVE-DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOUR TO MAIL 30 DAYS' WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. OFREMARK COPYRIGHT 2000, AMS SERVICES INC. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THE-d HARTFORD BLANKET ADDITIONAL INSURED BY CONTRACT This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM Except as otherwise stated in this endorsement, the terms and conditions of the Policy apply. A. The following is added to Section C. WHO IS AN INSURED: Additional Insureds When Required By Written Contract,Written Agreement Or Permit The person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed, in a written contract or written agreement, or when required by a written permit issued by a state or governmental agency or subdivision or political subdivision that such person or organization be added as an additional insured on your Coverage Part, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit. A person or organization is an additional insured under this provision only for that period of time required by the contract, agreement or permit. However, no such person or organization is an additional insured under this provision if such person or organization is included as an additional insured by any other endorsement issued by us and made a part of this Coverage Part. The insurance afforded to such additional insured will not be broader than that which you are required by the contract, agreement, or permit to provide for such additional insured. The insurance afforded to such additional insured only applies to the extent permitted by law. The limits of insurance that apply to additional insureds are described in Section D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS. a. Vendors Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard". (1) The insurance afforded to the vendor is subject to the following additional exclusions: This insurance does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; Form SL 30 32 06 21 Page 1 of 3 ©2021, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THE-d HARTFORD (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or"property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Paragraphs (d) or(f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. b. Lessors Of Equipment (1) Any person or organization from whom you lease equipment; but only with respect to their liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence"which takes place after you cease to lease that equipment. c. Lessors Of Land Or Premises (1) Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a) Any 'occurrence"which takes place after you cease to lease that land or be a tenant in that premises; or (b) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers Or Surveyors (1) Any architect, engineer, or surveyor, but only with respect to liability for"bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In connection with your premises; (b) In the performance of your ongoing operations performed by you or on your behalf; or (c) In connection with "your work" and included within the "products-completed operations hazard", but only if: (i) The written contract, written agreement or permit requires you to provide such coverage to such additional insured; and (ii) This Coverage Part provides coverage for"bodily injury" or"property damage" included within the "products-completed operations hazard". (2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services, including: (i) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (ii) Supervisory, surveying, inspection, architectural or engineering activities. This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the "bodily injury", "property Form SL 30 32 06 21 Page 2of3 ©2021, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THE-d HARTFORD damage", or"personal and advertising injury" arises out of the rendering of or the failure to render any professional service. e. State Or Governmental Agency Or Subdivision Or Political Subdivision Issuing Permit (1) Any state or governmental agency or subdivision or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or (b) "Bodily injury" or"property damage" included within the "products-completed operations hazard". f. Any Other Party (1) Any other person or organization who is not in one of the categories or classes listed above in Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations performed by you or on your behalf; (b) In connection with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "products-completed operations hazard", but only if: (i) The written contract, written agreement or permit requires you to provide such coverage to such additional insured; and (ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard". (2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, surveying, inspection, architectural or engineering activities. This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the "bodily injury", "property damage", or "personal and advertising injury" arises out of the rendering of or the failure to render any professional service described in Paragraphs f.(2)(a) or f.(2)(b) above. Form SL 30 32 06 21 Page 3of3 ©2021, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) Declarations: THE HARTFORD Business Owner's Policy Policy Number: 13 SBA BV4EL7 Name of Agency/Broker: FICKE &ASSOCIATES INC/PHS Policy Period: 09/01/2025 to 09/01/2026, 271 ROUTE 46 WEST SUITE A201 12:01 a.m., Standard time at your mailing FAIRFIELD, NJ 07004 address shown here. Exception: 12 noon in New Hampshire. Insurer: Code: 13650793 Hartford Underwriters Insurance Company, a property and casualty company of The Previous Policy Number: Hartford. New One Hartford Plaza, Hartford, CT 06155 Organization Type: LLC Named Insured and Mailing Address: Audit Period: Non-Auditable Sierra Cyber, LLC 5901 W CENTURY BLVD STE 750 Insurance Provided: In return for the LOS ANGELES, CA 90045-5443 payment of the premium and subject to all of the terms of this policy, we agree Type of Business: Technology Consulting, with you to provide insurance as stated Staffing &Custom Programming in this policy. TOTAL PREMIUM: Total Premium includes the premium for all Coverage Parts issued to you in this policy,as well as any companion policies delivered with this policy.Total Premium includes any applicable fees and surcharges.Total Premium may change based on coverage changes made through endorsement or if your policy is subject to Premium Audit. Countersigned by: da6a,1�15f C'qQ� 08/26/2025 Authorized Representative Date A Business Owner's Policy typically covers property and business liability risks. Generally, Property insurance pays you if a covered cause of loss damages property that you own, rent or lease. Business liability insurance pays in certain cases where something you do or something you own causes injury or damage to someone else, or someone else's property. Please see the coverages and limits described in your Declarations for details regarding the insurance you purchased. This Spectrum®Business Owner's Policy consists of the Declarations,Coverage Forms,Coverage Parts,Common Policy Conditions and any other Forms and endorsements issued to be a part of the Policy.The Hartford®is Hartford Fire Insurance Company and its affiliated property and casualty insurance companies. Form.SC 00 01 10 18 1 • Declarations: Locations and U Location - Based Coverages Here's how your Business Owner's insurance coverage and limits apply to your business locations (LOC). If you have more than one location or building (BLDG),we break out your coverage and limits separately for each LOC. LOC 1,BLDG 1 Class:Technology Consulting,Staffing&Custom Programming Valuation Location:5901 W CENTURY BLVD STE 750 LOS ANGELES,CA 90045-5443 Business Personal Property(BPP): Construction Type:Fire Resistive Replacement Cost Year Built:1968 Property Deductible:$1,000 LOC 1,BLDG • • ■ COVERAGES AND FEATURES LIMIT OF ;petty(F r SP Od D0 10 18) Business Personal Property,includes: • Tenant's Improvements and Betterments $100,000 • Personal Property of Others Business Personal Property(BPP)-Business Personal Property Limit-Additional 25%-Included Seasonal Increase Building $0 Form:SC 00 01 10 18 3 THE-d HARTFORD BUSINESS LIABILITY COVERAGE FORM READ YOUR POLICY CAREFULLY QUICK REFERENCE Beginning On Page A. COVERAGES 1 Business Liability 1 Medical Expenses 2 Coverage Extension - Supplementary Payments 2 B. EXCLUSIONS 3 C. WHO IS AN INSURED 12 D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 14 E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 15 1. Bankruptcy 15 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit 15 3. Legal Action Against Us 16 4. Separation Of Insureds 16 5. Representations 16 6. Other Insurance 16 7. Transfer Of Rights Of Recovery Against Others To Us 18 F. LIABILITYAND MEDICAL EXPENSES DEFINITIONS 18 Form SL 00 00 10 18 THE-d HARTFORD BUSINESS LIABILITY COVERAGE FORM Various provisions in this Policy restrict coverage. Read the entire Policy carefully to determine rights, duties and what is and is not covered. Throughout this Coverage Part the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and 'bur" refer to the insurance company shown in the Declarations. "Policy period", as used in this Coverage Part, means the period from the effective date of this Coverage Part to the expiration date of the Coverage Part as stated in the Declarations or the date of cancellation, whichever is earlier. The word "insured" means any person or organization qualifying as such under Section C. Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section F. Liability And Medical Expenses Definitions. A. COVERAGES 1. Business Liability Coverage (Bodily Injury, Property Damage, Personal And Advertising Injury) Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury", "property damage" or "personal and advertising injury"to which this insurance does not apply. We may, at our discretion, investigate any 'occurrence" or offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section D. Liability And Medical Expenses Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments, settlements or medical expenses to which this insurance applies. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Coverage Extension -Supplementary Payments. b. This insurance applies: (1) To "bodily injury" and "property damage" only if: (a) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory"; (b) The "bodily injury" or"property damage" occurs during the policy period; and (c) Prior to the policy period, no insured listed under Paragraph 1. of Section C. Who Is An Insured and no "employee" authorized by you to give or receive notice of an 'occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. (2) To "personal and advertising injury" caused by an offense arising out of your business, but only if the offense was committed in the "coverage territory" during the policy period. c. "Bodily injury" or"property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section C. Who Is An Insured or any "employee" authorized by you to give or receive notice of an 'occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or"property damage"to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; or Form SL 00 00 10 18 Page 1 of 22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THE HARTFORD (3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. d. Damages because of"bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury". e. Incidental Medical Malpractice (1) "Bodily injury" arising out of the rendering of or failure to render professional health care services as a physician, dentist, nurse, emergency medical technician or paramedic shall be deemed to be caused by an "occurrence", but only if: (a) The physician, dentist, nurse, emergency medical technician or paramedic is employed by you to provide such services; and (b) You are not engaged in the business or occupation of providing such services. (2) For the purpose of determining the limits of insurance for incidental medical malpractice, any act or omission together with all related acts or omissions in the furnishing of these services to any one person will be considered one "occurrence". 2. Medical Expenses Insuring Agreement a. We will pay medical expenses as described below for"bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (1) The accident takes place in the "coverage territory"and during the policy period; (2) The expenses are incurred and reported to us within three years of the date of the accident; and (3) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, x-ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. 3. Coverage Extension -Supplementary Payments a. We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend: (1) All expenses we incur. (2) Up to $1,000 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which Business Liability Coverage for "bodily injury" applies. We do not have to furnish these bonds. (3) The cost of appeal bonds or bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish, finance, arrange for, guarantee, or collateralize these bonds, whether the collate ralization is characterized as premium or not. (4) All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or"suit", including actual loss of earnings up to $500 a day because of time off from work. (5) All court costs taxed against the insured in the "suit". However, such costs do not include attorneys' fees, attorneys' expenses,witness or expert fees, or any other expenses of a party taxed against the insured. (6) Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. Form SL 00 00 10 18 Page 2 of 22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THE-d HARTFORD (7) All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. Any amounts paid under(1)through (7) above will not reduce the Limits of Insurance. b. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit",we will defend that indemnitee if all of the following conditions are met: (1) The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract"; (2) This insurance applies to such liability assumed by the insured; (3) The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract"; (4) The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interest of the indemnitee; (5) The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and (6) The indemnitee: (a) Agrees in writing to: (i) Cooperate with us in the investigation, settlement or defense of the "suit"; (ii) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit"; (iii) Notify any other insurer whose coverage is available to the indemnitee; and (iv) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (b) Provides us with written authorization to: (i) Obtain records and other information related to the "suit"; and (ii) Conduct and control the defense of the indemnitee in such "suit". So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 1.b.(b) of Section B. Exclusions, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the Limits of Insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when: (1) We have used up the applicable limit of insurance in the payment of judgments or settlements; or (2) The conditions set forth above, or the terms of the agreement described in Paragraph (6) above, are no longer met. B. EXCLUSIONS 1. Applicable To Business Liability Coverage This insurance does not apply to: a. Expected Or Intended Injury (1) "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or"property damage" resulting from the use of reasonable force to protect persons or property; or (2) "Personal and advertising injury" arising out of an offense committed by, at the direction of or with the consent or acquiescence of the insured with the expectation of inflicting "personal and advertising injury". Form SL 00 00 10 18 Page 3 of 22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THE-d HARTFORD b. Contractual Liability (1) "Bodily injury" or"property damage"; or (2) "Personal and advertising injury" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages because of: (a) "Bodily injury", "property damage" or "personal and advertising injury" that the insured would have in the absence of the contract or agreement; or (b) "Bodily injury" or"property damage" assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purpose of liability assumed in an "insured contract", reasonable attorneys' fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of"bodily injury" or"property damage" provided: (i) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract"; and (ii) Such attorneys' fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability "Bodily injury" or"property damage"for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; (3) Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol; or (4) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the "bodily injury" or"property damage" involved that which is described in Paragraph (1), (2), (3) or(4) above. However, this exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. For the purposes of this exclusion, permitting a person to bring alcoholic beverages on your premises, for consumption on your premises, whether or not a fee is charged or a license is required for such activity, is not by itself considered the business of selling, serving, or furnishing alcoholic beverages. d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. Employer's Liability "Bodily injury"to: (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that"employee" as a consequence of(1) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. Form SL 00 00 10 18 Page 4 of 22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THE-d HARTFORD This exclusion does not apply to liability assumed by the insured under an "insured contract". f. Pollution (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of"pollutants": (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to any insured. However, this paragraph does not apply to: (i) "Bodily injury" if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's occupants or their guests; (ii) "Bodily injury" or "property damage" for which you may be held liable, if you are a contractor and the owner or lessee of such premises, site or location has been added to this Coverage Part as an additional insured with respect to your ongoing operations performed for that additional insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any insured, other than that additional insured; or (iii) "Bodily injury" or"property damage" arising out of heat, smoke or fumes from a "hostile fire"; (b) At or from any premises, site or location which is or was at any time used by or for any insured or others for the handling, storage, disposal, processing or treatment of waste; (c) Which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for: (i) Any insured; or (ii) Any person or organization for whom you may be legally responsible; (d) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the "pollutants" are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor. However, this paragraph does not apply to: (i) "Bodily injury" or "property damage" arising out of the escape of fuels, lubricants or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions necessary for the operation of"mobile equipment" or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply if the "bodily injury" or "property damage" arises out of the intentional discharge, dispersal or release of the fuels, lubricants or other operating fluids, or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as part of the operations being performed by such insured, contractor or subcontractor; (ii) "Bodily injury" or "property damage" sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor; or (iii) "Bodily injury" or"property damage" arising out of heat, smoke or fumes from a "hostile fire"; or (e) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants". (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (b) Claim or "suit" by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". Form SL00001018 Page 5of22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THE-d HARTFORD However, this paragraph does not apply to liability for damages because of "property damage" that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or"suit" by or on behalf of a governmental authority. g. Aircraft,Auto Or Watercraft (1) Unmanned Aircraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft". Use includes operation and "loading or unloading". This Exclusion g.(1) applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "bodily injury" or "property damage" arises out of the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft". (2) Aircraft(Other Than Unmanned Aircraft),Auto or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft (other than "unmanned aircraft"), "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and 'loading or unloading". This Exclusion g.(2) applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "bodily injury" or "property damage" arises out of the ownership, maintenance, use or entrustment to others of any aircraft (other than "unmanned aircraft"), "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This Exclusion g.(2) does not apply to: (a) A watercraft while ashore on premises you own or rent; (b) A watercraft you do not own that is: (i) Less than 51 feet long; and (ii) Not being used to carry persons or property for a charge; (c) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (d) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft (other than "unmanned aircraft") or watercraft; (e) "Bodily injury" or"property damage" arising out of: (i) The operation of any of the machinery or equipment listed in Paragraph f.(2) or f.(3) of the definition of"mobile equipment"; or (ii) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of"mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance or motor vehicle registration law where it is licensed or principally garaged; or (f) An aircraft (other than "unmanned aircraft") that is not owned by any insured and is hired, chartered or loaned with a paid crew. However, this exception does not apply if the insured has any other insurance for such "bodily injury" or "property damage", whether the other insurance is primary, excess, contingent or on any other basis. h. Mobile Equipment "Bodily injury" or"property damage" arising out of: (1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment" in, or while in practice or preparation for, a prearranged racing, speed or demolition contest or in any stunting activity. Form SL 00 00 10 18 Page 6 of 22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THE HARTFORD i. War "Bodily injury", "property damage" or "personal and advertising injury", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. j. Professional Services "Bodily injury", "property damage" or"personal and advertising injury" arising out of the rendering of or failure to render any professional service. This includes but is not limited to: (1) Legal, accounting or advertising services; (2) Preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; (3) Supervisory, inspection, architectural or engineering activities; (4) Medical, surgical, dental, x-ray or nursing services, treatment, advice or instruction; (5) Any health or therapeutic service treatment, advice or instruction; (6) Any service, treatment, advice or instruction for the purpose of appearance or skin enhancement, hair removal or replacement or personal grooming; (7) Optical or hearing aid services including the prescribing, preparation, fitting, demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices; (8) Optometry or optometric services including but not limited to examination of the eyes and the prescribing, preparation, fitting, demonstration or distribution of ophthalmic lenses and similar products; (9) Any: (a) Body piercing (not including ear piercing); (b) Tattooing, including but not limited to the insertion of pigments into or under the skin; and (c) Similar services; (10)Pharmaceutical services including but not limited to: (a) The administering, prescribing, preparing, distributing or compounding of pharmaceutical drugs, vaccinations, immunizations or any of their component parts; (b) The providing of or failure to provide home health care or home infusion products or services; and (c) Advising and consulting customers; (11)Computer consulting, design or programming services, including web site design. This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the "bodily injury", "property damage", or "personal and advertising injury" arises out of the rendering of or the failure to render any professional service. Paragraphs (4) and (5) of this exclusion do not apply to the Incidental Medical Malpractice coverage afforded under Paragraph 1.e. in Section A. Coverages. k. Damage To Property "Property damage"to: (1) Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; Form SL 00 00 10 18 Page 7 of 22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THE-d HARTFORD (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section D. Limits Of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3) and (4) of this exclusion do not apply to the use of elevators. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs (3) and (4) of this exclusion do not apply to "property damage" to borrowed equipment while not being used to perform operations at a job site. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products-completed operations hazard". I. Damage To Your Product "Property damage"to "your product" arising out of it or any part of it. m. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products-completed operations hazard". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. n. Damage To Impaired Property Or Property Not Physically Injured "Property damage"to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or"your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to 'your product" or"your work" after it has been put to its intended use. o. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product"; (2) "Your work"; or (3) "Impaired property"; if such product, work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. p. Personal And Advertising Injury "Personal and advertising injury": (1) Arising out of oral, written, electronic, or any other manner of publication of material, if done by or at the direction of the insured with knowledge of its falsity; Form SL 00 00 10 18 Page 8 of 22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THE HARTFORD (2) Arising out of oral, written, electronic, or any other manner of publication of material whose first publication took place before the beginning of the policy period; (3) Arising out of a criminal act committed by or at the direction of the insured; (4) Arising out of any breach of contract, except an implied contract to use another's "advertising idea" in your"advertisement"; (5) Arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your"advertisement"; (6) Arising out of the wrong description of the price of goods, products or services; (7) Arising out of: (a) Any actual or alleged infringement or violation of any intellectual property rights, such as copyright, patent, right of publicity, trademark, trade dress, trade name, trade secret, service mark or other designation of origin or authenticity; or (b) Any injury or damage alleged in any claim or"suit" that also alleges an infringement or violation of any intellectual property right, whether such allegation of infringement or violation is made against you, or by you or by any other party involved in the claim or"suit", regardless of whether this insurance would otherwise apply. However, this exclusion does not apply if the only allegation in the claim or "suit" involving any intellectual property right is limited to: (i) Infringement, in your"advertisement", of: a. Copyright; b. Slogan; unless the slogan is also a trademark, trade dress, trade name, service mark or other designation of origin or authenticity; or c. Title of any literary or artistic work; or (ii) Copying, in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement". Paragraph (7)(b)ii above shall not apply to claims or "suits" alleging infringement or violation of trademark, trade dress, trade name, service mark or other designation of origin or authenticity. (8) Arising out of an offense committed by an insured whose business is: (a) Advertising, broadcasting, publishing or telecasting; (b) Designing or determining content of web sites for others; or (c) An Internet search, access, content or service provider. However, this exclusion does not apply to Paragraphs a., b. and c. under the definition of"personal and advertising injury" in Section F. Liability And Medical Expenses Definitions. For the purposes of this exclusion, the placing of frames, borders, or links, or advertising, for you or others anywhere on the Internet, is not by itself, considered the business of advertising, broadcasting, publishing or telecasting; (9) Arising out of an electronic chat room or bulletin board the insured hosts, owns, or over which the insured exercises control; (10)Arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatags, or any other similar tactics to mislead another's potential customers; (11)Arising out of the violation of a person's right of privacy created by any state or federal act. However, this exclusion does not apply to liability for damages that the insured would have in the absence of such state or federal act; (12)Arising out of: (a) Advertising content for others on your web site; (b) Placing a link to a web site of others on your web site; Form SL 00 00 10 18 Page 9 of 22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THE HARTFORD (c) Content from a web site of others displayed within a frame or border on your web site. Content includes information, code, sounds, text, graphics or images; or (d) Computer code, software or programming used to enable: (i) Your web site; or (ii) The presentation or functionality of an "advertisement" or other content on your web site; (13)Arising out of a violation of any anti-trust law; (14)Arising out of the fluctuation in price or value of any stocks, bonds or other securities; (15)Arising out of any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of any access to or disclosure of any person's or organization's confidential or personal information; or (16)Arising out of the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft". Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "personal and advertising injury" arises out of the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft". However, this exclusion does not apply if the only allegation in the claim or "suit" involves an intellectual property right which is limited to: (a) Infringement, in your"advertisement", of: (i) Copyright; (ii) Slogan; or (iii) Title of any literary or artistic work; or (b) Copying, in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement". q. Access Or Disclosure Of Confidential Or Personal Information And Data-Related Liability (1) Damages because of"bodily injury" or"property damage" arising out of any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2) Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data". This exclusion applies even if such damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraphs (1) or(2) above. However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of "bodily injury". r. Employment-Related Practices "Bodily injury" or"personal and advertising injury"to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment; or Form SL 00 00 10 18 Page 10 of 22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THE HARTFORD (c) Employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination, malicious prosecution or false arrest directed at that person; or (2) The spouse, child, parent, brother or sister of that person as a consequence of"bodily injury" or"personal and advertising injury" to that person at whom any of the employment-related practices described in Paragraphs (a), (b), or(c) above is directed. This exclusion applies: (1) Whether the injury-causing event described in Paragraphs (a), (b), or (c) above occurs before employment, during employment or after employment of that person; (2) Whether the insured may be liable as an employer or in any other capacity; and (3) To any obligation to share damages with or repay someone else who must pay damages because of the injury. s. Asbestos (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of the "asbestos hazard". (2) Any damages,judgments, settlements, loss, costs or expenses that: (a) May be awarded or incurred by reason of any claim or "suit" alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the "asbestos hazard"; (b) Arise out of any request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of an "asbestos hazard"; or (c) Arise out of any claim or "suit" for damages because of testing for, monitoring, cleaning up, removing, encapsulating, containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of an "asbestos hazard". t. Recording And Distribution Of Material Or Information In Violation Of Law "Bodily injury", "property damage", or "personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transaction Act (FACTA); or (4) Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. Damage To Premises Rented To You —Exception For Damage By Fire, Lightning Or Explosion Exclusions c. through h. and k. through o. do not apply to damage by fire, lightning or explosion to premises rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section D. Liability And Medical Expenses Limits Of Insurance. 2. Applicable To Medical Expenses Coverage We will not pay expenses for"bodily injury": a. Any Insured To any insured, except"volunteer workers". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. Form SL 00 00 10 18 Page 11 of 22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THE-d HARTFORD c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers' Compensation And Similar Laws To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports or athletic contests. f. Products-Completed Operations Hazard Included with the "products-completed operations hazard". g. Business Liability Exclusions Excluded under Business Liability Coverage. C. WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business, other than that described in b. through e. below, of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. Employees And Volunteer Workers Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or"volunteer workers" are insureds for: (1) "Bodily injury" or"personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), or to a co-"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers"while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or that "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or(b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. If you are not in the business of providing professional health care services, Paragraph (d) does not apply to any nurse, emergency medical technician or paramedic employed by you to provide such services. (2) "Property damage"to property: Form SL 00 00 10 18 Page 12 of 22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THE-d HARTFORD (a) Owned, occupied or used by: (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Real Estate Manager Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Temporary Custodians Of Your Property Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this insurance. e. Unnamed Subsidiary Any subsidiary and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this Coverage Part. The insurance afforded herein for any subsidiary not shown in the Declarations as a named insured does not apply to injury or damage with respect to which an insured under this insurance is also an insured under another policy or would be an insured under such policy but for its termination or upon the exhaustion of its limits of insurance. 3. Newly Acquired Or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and b. Coverage under this provision does not apply to: (1) "Bodily injury" or"property damage"that occurred; or (2) "Personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Operator Of Mobile Equipment With respect to "mobile equipment" any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury"to a co-"employee" of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 5. Operator Of Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons or property for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: Form SL 00 00 10 18 Page 13 of 22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THE HARTFORD a. "Bodily injury"to a co-"employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. No person or organization is an insured with respect to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Insured in the Declarations. D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 1. The Most We Will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or"suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. Aggregate Limits The most we will pay for: a. Damages because of "bodily injury" and "property damage" included in the "products-completed operations hazard" is the Products-Completed Operations Aggregate Limit shown in the Declarations. b. Damages because of all other "bodily injury", "property damage" or "personal and advertising injury", including medical expenses, is the General Aggregate Limit shown in the Declarations. This General Aggregate limit does not apply to "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of fire, lightning or explosion. 3. Each Occurrence Limit Subject to 2.a. or 2.b above, whichever applies, the most we will pay for the sum of all damages because of all "bodily injury", "property damage" and medical expenses arising out of any one 'occurrence" is the Liability and Medical Expenses Limit shown in the Declarations. The most we will pay for all medical expenses because of "bodily injury" sustained by any one person is the Medical Expenses Limit shown in the Declarations. 4. Personal And Advertising Injury Limit Subject to 2.b. above, the most we will pay for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization is the Personal and Advertising Injury Limit shown in the Declarations. 5. Damage To Premises Rented To You Limit The Damage To Premises Rented To You Limit is the most we will pay under Business Liability Coverage for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. 6. How Limits Apply To Additional Insureds The most we will pay on behalf of a person or organization who is an additional insured under this Coverage Part is the lesser of: a. The limits of insurance required in a written contract,written agreement or permit; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to the Limits of Insurance shown in the Declarations and described in this Section. If more than one limit of insurance under this Policy and any endorsements attached thereto applies to any claim or "suit", the most we will pay under this Policy and the endorsements is the single highest limit of liability of all Form SL 00 00 10 18 Page 14 of 22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THE HARTFORD coverages applicable to such claim or "suit". However, this paragraph does not apply to the Medical Expenses limit set forth in Paragraph 3. above. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. Notice Of Occurrence Or Offense You or any additional insured under this Coverage Part must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. Notice Of Claim If a claim is made or "suit" is brought against any insured, you or any additional insured under this Coverage Part must: (1) Immediately record the specifics of the claim or"suit" and the date received; and (2) Notify us as soon as practicable. You or any additional insured under this Coverage Part must see to it that we receive a written notice of the claim or"suit" as soon as practicable. c. Assistance And Cooperation Of The Insured You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or"suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation, settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization that may be liable to the insured because of injury or damage to which this insurance may also apply. d. Obligations At The Insured's Own Cost No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. e. Additional Insured's Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured under this Coverage Part, such additional insured must submit such claim or "suit"to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with such additional insured's own insurance. f. Knowledge Of An Occurrence, Offense, Claim Or Suit Paragraphs a. and b. apply to you or to any additional insured under this Coverage Part only when such "occurrence", offense, claim or"suit" is known to: Form SL 00 00 10 18 Page 15 of 22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THE-d HARTFORD (1) You or any additional insured under this Coverage Part that is an individual; (2) Any partner, if you or an additional insured under this Coverage Part is a partnership; (3) Any manager, if you or an additional insured under this Coverage Part is a limited liability company; (4) Any "executive officer"or insurance manager, if you or an additional insured under this Coverage Part is a corporation; (5) Any trustee, if you or an additional insured under this Coverage Part is a trust; or (6) Any elected or appointed official, if you or an additional insured under this Coverage Part is a political subdivision or public entity. This Paragraph f. applies separately to you and any additional insured under this Coverage Part. 3. Legal action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this insurance or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Policy to the first Named Insured,this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or"suit" is brought. 5. Representations a. When You Accept This Policy By accepting this Policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this Policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business at the inception date of this Coverage Part, we shall not deny any coverage under this Coverage Part because of such failure. 6. Other Insurance If other valid and collectible insurance is available for a loss we cover under this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk, Owner Controlled Insurance Program or OCIP, Contractor Controlled Insurance Program or CCIP, Wrap Up Insurance or similar coverage for "your work"; Form SL 00 00 10 18 Page 16 of 22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THE HARTFORD (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft,Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section B. Exclusions. (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of"property damage"to borrowed equipment or the use of elevators to the extent not subject to Exclusion k. of Section B. Exclusions. (6) When You Are Added As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b)do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under this Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. Form SL 00 00 10 18 Page 17 of 22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THE HARTFORD If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 7. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. F. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purpose of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding web sites, only that part of a web site that is about your goods, products or services for the purpose of attracting customers or supporters is considered an advertisement. 2. "Advertising idea" means any idea for an "advertisement". 3. "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. 4. "Auto" means: a. A land motor vehicle, trailer or semi-trailer designed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance or motor vehicle registration law where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". 5. "Bodily injury" means physical: a. Injury; b. Sickness; or c. Disease sustained by a person and, if arising out of the above, mental anguish or death at any time. 6. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above; c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in a. above; (2) The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business; or Form SL 00 00 10 18 Page 18 of 22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THE HARTFORD (3) "Personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication. provided the insured's responsibility to pay damages is determined in the United States of America (including its territories and possessions), Puerto Rico or Canada, in a "suit" on the merits according to the substantive law in such territory, or in a settlement we agree to. 7. "Electronic data" means information, facts or computer programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), on hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other repositories of computer software which are used with electronically controlled equipment. The term computer programs, referred to in the foregoing description of "electronic data", means a set of related electronic instructions which direct the operations and functions of a computer or device connected to it, which enable the computer or device to receive, process, store, retrieve or send data. 8. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker". 9. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by- laws or any other similar governing document. 10. "Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be. 11. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by: a. The repair, replacement, adjustment or removal of"your product" or"your work"; or b. Your fulfilling the terms of the contract or agreement. 12. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning or explosion to premises while rented to you or temporarily occupied by you with permission of the owner is subject to the Damage To Premises Rented To You limit described in Section D. Liability And Medical Expenses Limits Of Insurance. b. A sidetrack agreement; c. Any easement or license agreement, including an easement or license agreement in connection with construction or demolition operations on or within 50 feet of a railroad; d. Any obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; or f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. includes that part of any contract or agreement that indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle,tracks, road-beds, tunnel, underpass or crossing. However, Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or Form SL 00 00 10 18 Page 19 of 22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THE-d HARTFORD (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 13. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". 14. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto"; b. While it is in or on an aircraft, watercraft or"auto"; or c. While it is being moved from an aircraft,watercraft or"auto"to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or"auto". 15. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, on which are permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in a., b., c., or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c., or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) Equipment, of at least 1,000 pounds gross vehicle weight, designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. However, "mobile equipment" does not include any land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance or motor vehicle registration law where they are licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law or motor vehicle registration law are considered "autos". 16. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 17. "Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: Form SL 00 00 10 18 Page 20 of 22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THE-d HARTFORD a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person or organization occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral, written, electronic, or any other manner of publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written, electronic, or any other manner of publication of material that violates a person's right of privacy; f. Copying, in your"advertisement", a person's or organization's "advertising idea" or style of"advertisement"; or g. Infringement of copyright, slogan, or title of any literary or artistic work, in your"advertisement". 18. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 19. "Products-completed operations hazard"; a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of"your product" or"your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed to be completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. The "bodily injury" or "property damage" must occur away from premises you own or rent, unless your business includes the selling, handling or distribution of"your product" for consumption on premises you own or rent. b. Does not include "bodily injury" or"property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; or (2) The existence of tools, uninstalled equipment or abandoned or unused materials. 20. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of"occurrence"that caused it. As used in this definition, "electronic data" is not tangible property. 21. "Suit" means a civil proceeding in which damages because of"bodily injury", "property damage" or "personal and advertising injury"to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. Form SL 00 00 10 18 Page 21 of 22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THE-d HARTFORD 22. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. 23. "Unmanned aircraft" means an aircraft that is not: a. Designed; b. Manufactured; or c. Modified after manufacture; to be controlled directly by a person from within or on the aircraft. 24. "Volunteer worker" means a person who: a. Is not your"employee"; b. Donates his or her work; c. Acts at the direction of and within the scope of duties determined by you; and d. Is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 25. "Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of"your product"; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 26. "Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of"your work"; and (2) The providing of or failure to provide warnings or instructions. Form SL 00 00 10 18 Page 22 of 22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission)