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IK CONSULTING, LLC
INSURANCE NOT ON FILE A-2024-152 WORK MAY NOT PROCEED CITY CLERK DATE: CONSULTANT AGREEMENT WITH IK CONSULTING,LLC FOR ACCELA CIVIC OCT 1 4 2024 APPLICATIONS IMPLEMENTATION SERVICES I): IT (u� THIS AGREEMENT is made and entered into this 1st day of October, 2024 by and between 1K Consulting, LLC, an Arizona limited liability company("Consultant"), and the City of Santa Ana, jAck Ciu1ltc (kcja charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). Consultant and City are also collectively referred to herein as "Parties"or singularly as a"Party." RECITALS A. On June 27, 2024, the City issued Request for Proposal ("RFP")No. 24-087A seeking to retain a consultant having special skill and knowledge in the field of Accela civic applications implementation services on behalf of the City's Information Technology Department. B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide such services described in the Scope of Work that was included in RFP No. 24-087A. 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 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 in the "Scope of Services," attached hereto and incorporated herein by reference as Exhibit A; as further described in "Consultant's Proposal," attached hereto and incorporated herein by reference as Exhibit B; and as further described in "Consultant's Request for Clarification," attached hereto and incorporated herein by reference as Exhibit C. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in "Consultant's Final Cost Estimate," attached hereto and incorporated herein by reference as Exhibit D. The total amount authorized during the term of this Agreement, including any extension periods, shall not exceed $1,107,445.00. Page 1 of 10 b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant's account(s) with financial institutions. 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 October 1,2024 and terminate on December 31,2026, unless terminated earlier in accordance with Section 17, below. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on"public works"and "maintenance"projects. If the services being performed are part of an applicable"public works" or"maintenance"project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR 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. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical Page 2 of 10 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 subcontractors 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. 7. INSURANCE Consultant shall procure and maintain for the duration of the contract insurance against claims for security breaches, system failures, injuries to persons, damages to software, or damages to property (including computer equipment) which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Consultant shall procure and maintain for the duration of the contract insurance claims arising out of their services and including, but not limited to loss, damage, theft or other misuse of data, infringement of intellectual property, invasion of privacy and breach of data. Minimum Scope and Limit of Insurance. Coverage shall be at least as broad as: • Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence"basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. • Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non- owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. • Workers' Compensation insurance as required by the State of California,withStatutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. • Technology Professional Liability Errors & Omissions. Insurance appropriate to the Consultant's profession and work hereunder, with limits not less than $1,000,000 per occurrence and$2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by the Consultant in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property,including but not limited to infringement of copyright,trademark,trade dress, invasion of privacy violations, information theft,damage to or destruction of electronic information, release of privateinformation, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses. Page 3 of 10 • The Policy shall include,or be endorsed to include, property damage liability coverage for damage to,alteration of, loss of,or destruction of electronic data and/or information "property" of the Agency in the care,custody,or control of the Consultant. • If the Consultant maintains broader coverage and/or higher limits than the minimums shown above,the City requires and shall be entitled to the broader coverage and/or the higher limitsmaintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status. The City, its officers,officials,employees,and volunteers are to be covered as additionalinsureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials,parts, or equipment furnished inconnection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Please note,if there is an insured vs. insured exclusion on the Consultant's policy, carefully reviewwith the Consultant and their insurance carrier on whether being added as an additional insured onto the Consultant's policy removes your organization's ability to file suit against the Consultant anddraw upon the policy should final adjudication in a lawsuit state that the Consultant shall pay damages to your organization. Primary Coverage. For any claims related to this contract, the Consultant's insurance coverage shall be primary. Coverage for commercial liability shall be at least as broad as ISO CG 20 01 04 13 as respectsthe City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of theConsultant's insurance and shall not contribute with it. Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. Waiver of Subrogation. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of saidConsultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self-Insured Retentions. Self-insured retentions must be declared to and approved by the City. The City may requirethe Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide,or be endorsed to provide, that the self-insured retention may be satisfied by either the namedinsured or City. Page 4 of 10 Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A-:VII, unless otherwise acceptable to the City. Claims Made Policies. If any of the required policies provide coverage on a claims-made basis: • The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. • Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. • If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date,the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. Verification of Coverage. Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to the City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them.The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Subcontractors. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. Special Risks or Circumstances. City reserves the right to modify these requirements, including limits,based on the nature of the risk,prior experience,insurer,coverage,or other special circumstances. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents,employees,Consultants,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 or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution,judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the Page 5of10 defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury,damages,just compensation,restitution,judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8,the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent,trademark,or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. 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. 11. 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. Page 6 of 10 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail,postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza(M-30) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647-6956 Executive Director Information Technology Dept. City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 To Consultant: IK Consulting, LLC Attn: Melissa Kern P.O. Box 17661 Tucson, Arizona 85731 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 timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Page 7 of 10 Consultant regarding the subject matter herein, 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 are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services, which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy.No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar,nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work, which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital Page 8of10 status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age,national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION-VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES 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. 21. FUNDING-RELATED PROVISIONS Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery Fund,together known as the Coronavirus State and Local Fiscal Recovery Funds ("CSLFRF") program, will be used to fund all or a portion of this Agreement. As applicable, Consultant shall comply with all federal requirements including, but not limited to, the following, all of which are expressly incorporated herein by reference: a. Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the "Act"); b. U.S. Department of the Treasury ("Treasury") Final Rule for the Act, available at https://www.govinfo.gov/content/pkg/FR-2022-01-27/pdf/2022-00292.pdf; c. Treasury Compliance and Reporting Guidance for the Act, available at https://home.treasury.gov/system/files/136/SLFRF-Compliance-and-Reporting-Guidance.pdf; d. 2 C.F.R. Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the U.S.Department of the Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions as may be otherwise provided by the U.S. Department of the Treasury; Page 9 of 10 e. Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and f. Federal contract provisions attached hereto as Exhibit E and incorporated herein by reference. Subcontracts, if any,shall contain a provision making them subject to all of the provisions stipulated in this Agreement. With respect to any conflict between such federal requirements and the terms of this Agreement and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control. 22. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. ATTEST: CITY OF SANTA A AYTa :76.44tAl • 400 y J � . r°` Alvaro Nunez City Manager APPROVED AS TO FORM CONSULTANT SONIA R. CARVALHO City Attorney t Melissa O. Digitally signed byhsehssaO.Ken, t)N:cn.Melissa O.Ketn.odK er ns.ing, LC,kei @Tkpaiegmg Partner, etrail=missy.kem�ikcpartncis.com, Kern c=US Date.91174 n4 12 IA 77 SR A7-(0' Jonathan T. Martirfez By: Melissa O. Kern Assistant City Attorney Title: Managing Partner RECOMMENDED FOR APPROVAL .,:,4 Jac iulla Exe tive Director Information Technology Department Page 10 of 10 EXHIBIT A SCOPE OF SERVICES City of Santa Ana,CA RFP 24-087A Accela Civic Implementation Services 4 Scope of Services 4.1 LMS Required Record Types and Flows The City has conducted an analysis of the existing LMS business processes and has determined the new process flows and record types that are desired to be implemented in the Accela application. Table 5, Required Functionality, lists the desired process flows and the associated record types that use those flows. Table 5—Required Functionality Flows Record Type Planning Flows Planning Record Types Conceptual Review Inclusionary Housing Plan Conceptual Review Environmental Review PBA Environmental Review Development Project Development Project DP Plus Discretionary Amendment Application Annexation Appeal Conditional Use Permit Development Agreement General Plan Amendment Minor Exception Ordinance Amendment Off Premise Billboard Subdivision Map Regional Planned Sign Program Site Plan Review Special Use Permit Variance Zoning Ordinance Amendment DP plus not Discretionary Off Premise Billboard Subdivision Map Density Bonus Density Bonus Application Discretionary Public Hearing(ABC Licenses- Conditional Use Permit Restaurant, ABC Licenses-Store,After Hours at Minor Exception Restaurants) Ordinance Amendment Public Facilities Naming Street Naming Zoning Ordinance Amendment Residential Structural Relocation Discretionary No Public Hearing Parking Minor Exception Pag ,, I11 City of Santa Ana,CA RFP 24-087A Accela Civic Implementation Services Flows Record Type Ministerial Over the Counter- Planning only Home Occupation Permit Land Use Certificate Residential Fence Temporary Sign Permit Historic Residential Reroof Addition (Minor Commercial or Residential) Non-Residential Fence Demolition (Non-Residential) Demolition (Residential) Ministerial Over the Counter-Other department Certificate of Occupancy Entertainment Permit Land Use Certificate Ministerial- Minor Review- Planning only Address Change Adult Entertainment Business CSM Parking Waiver Determination of Legal Non-Conforming Status Neighborhood Review Reasonable Accommodation Sign Sign Program Temporary Trailer Permit Zone Interpretation Letter Zoning Verification Letter Landscape Plan Application ADU and JADU Application Structural Relocation (Non-Residential) Housing Crisis Act New Non-Residential Building (Under 2,500 sq. ft.) New Single-Family Residence Ministerial-Minor Review-Other department Certificate of Compliance Underground Utility Waiver Historic Discretionary excluding HEMA Historic Property Preservation Agreement Historic Property Application Historic- Discretionary HEMA standalone Historic Exterior Modification Application Historic- Discretionary DP+HEMA Historic Exterior Modification Application Inclusionary Housing Plan Inclusionary Housing Plan a ) I 12 City of Santa Ana,CA RFP 24-087A Accela Civic Implementation Services Flows Record Type Data Conversion ONLY- No Flow C3 Parking waiver Project Waiver Neighborhood project review Use Permit Redevelopment Area Street Closure Legal Nonconforming Status Tract Map Non-Residential Residential NO FLOW Fee Only Record Medicinal Marijuana Collective Medicinal Marijuana Collectives Commercial Cannabis Cannabis Phase 1/Registration Regulatory Safety Permit Cannabis Phase 2/Regulatory Safety Permit Lot Merger Standalone Lot Merger Enforcement Flows Enforcement Record Types Commercial & Residential Code Enforcement Commercial Code Enforcement Residential PREP PREP Enforcement Cannabis Cannabis Enforcement Animal Control Services Animal Control Services Building Flows Building Record Types No Plans Required & No Planning Approval Residential Remodel/Alteration (Combination) Required Residential Electrical Residential Mechanical Residential Plumbing Commercial Miscellaneous No Plans Required & Planning Approval Required Commercial Re-Roof Residential Re-Roof Residential Remodel/Alteration (Combination) Commercial Miscellaneous Plans Required & No Planning Approval Required Commercial Sign Residential Solar(Combination) aye I 13 City of Santa Ana,CA RFP 24-087A Accela Civic Implementation Services Flows Record Type Plans Required & Planning Review Required Commercial Addition Commercial New Commercial Sign Commercial New Mixed Use Residential New(Combination) Residential ADU (Combination) Block Wall/Fence/Gates Residential Building Relocation Commercial Cell Sites/Antennas Commercial Building Relocation Building Record Types That Have a Concurrent Commercial T.I./Alteration Review with Building and Planning Commercial Demolition Commercial Pool and Spa Commercial Solar Commercial Electrical Commercial Mechanical Commercial Plumbing Residential Addition (Combination) Residential Remodel/Alteration (Combination) Residential Demolition Residential Pool and Spa (Combination) Residential Patio/Shed Residential Electrical Residential Mechanical Residential Plumbing Revision/Supplemental Deferred Submittal Shoring Commercial Miscellaneous One and Done Residential Re-Roof Express Residential Electrical Express Residential Plumbing Express Residential Mechanical Express Certificate of Occupancy Certificate of Occupancy Supplemental Revision Revision/Supplemental Deferred Submittal Inspections All building permits Special Inspection Special Inspection Grading Permit Grading Permit ' azP: I14 City of Santa Ana,CA RFP 24-087A Accela Civic Implementation Services Flows Record Type Public Works Flows Public Works Record Types PWA Map Check with No Permit Issuance,with Map Check-Survey Monument Deposits& Refunds PWA Map Check with No Permit Issuance Map Check-Dedication Map Check-CC&R Map Check- Easement Quitclaim Map Check-Certificate of Compliance Map Check-Certificate of Correction PWA Plan Check(to Encroachment Permit) Streets Plan Check Utilities Plan Check Application Encroachment Permit (w/CIP Inspection, Deposit/Refunds, Bonds, and CAO Streets Permit Acknowledgments) Utilities Permit Application Wireless Facility Permit Application Wireless Facility Permit Application Wireless Facility Plan Check Application Wireless Facility Plan Check Application Wireless Facility License Application Wireless Facility License Application Outdoor Dining Outdoor Dining Environmental Environmental CIP Permit Application CIP Permit Application Utilities Blanket Permit Utilities Blanket Permit PROW Vacation PROW Vacation Water Service and Meter New Water Service&Meter Application Meter Evaluation Request Meter Evaluation Request Fire Hydrant Fire Hydrant Meter Permit Entitlement Plan Check Entitlement Plan Check FOG FOG Permit Inspection Flow Utility Permit Application Streets Permit (multiple types if inspections) Utilities Blanket Permit Wireless Facility Permit Application Wireless License Application New Water Service and Meter Application Map Check-Certificate of Compliance Map Check-Survey Monument Map Check-Certificate of Corrections CIP Permit Application Grading Permit ( 15 City of Santa Ana,CA RFP 24-087A Accela Civic Implementation Services Flows Record Type PWA Support of Identified Existing Record Types Map Check-Subdivision Parcel or Tract Map *not a new flow Map Check- Lot Line Adjustment Map Check- Lot Merger PWA Impact Fees for Building Permits Grading Permit No flow created yet Transportation Permit Public Works Record Types(Potential Later Public Works Flows(Potential Later phase) Phase) Construction and Demolition Recycling (Later Construction and Demolition (Later Phase) Phase) Parking Permit (Later Phase) Parking Permit(Later Phase) RV Parking Permit (Later Phase) RV Permit(Later Phase) PWA Sanitation Citation (Later Phase) PWA Sanitation Citation (Later Phase) PWA Sanitation Case(Later Phase) City Property Maintenance (Later Phase) City Property Maintenance(Later Phase) 4.2 Additional System Functionality The City is interested in adopting modern, automated tools that support LMS best practices. Key functionality in these areas would include, but not be limited to: robust public portal, dashboards, mobility, workflow, robust inquiry and reporting capabilities, etc. Specific functional requirements have been provided in Appendix A—Requirements. 4.3 Required Interfaces Table 6, Required Interfaces, identifies several systems in use across the City for which interfaces with the Accela system will be required. Vendor proposals should identify each of these required interfaces and include the necessary work effort related to and cost of these interfaces. Table 6—Required Interfaces Department/Division 3`d Party Solution Business Function Planning& Building Avolve ProjectDox Plan review Information Technology ESRI GIS GIS Layers, including addresses Financial and Management Services Infor Financials Accounting transactions Financial and Management Services Systems&Software Cashiering iNovah Financial and Management Services Business Tax System Contractor Business Licensing Information Technology Laserfiche Document Management Planning& Building; Public Works CA Contractor State Validate Contractor License License Board _ 1 16 City of Santa Ana,CA RFP 24-087A Accela Civic Implementation Services Department/Division 3'd Party Solution Business Function Planning& Building; Public Works Selectron IVR(Optional) Schedule inspections Code Enforcement Selectron IVR(Optional) PREP accounts and payments 4.4 Data Conversion The City desires to retain, convert and load its current and historical data (including records, libraries, supporting documents, and related file attachment meta-data) to the Future System. Table 7, Data Conversion Requirements, provides a list of data by functional areas and a description; estimated counts of records are included in Appendix A—LMS Requirements spreadsheet,tab"13- Data Conversion". Table 7—Data Conversion Requirements Current Repository Description MCT(Miscellaneous Cash Invoice used for Application or Permit payments at Cashier or Transactions) via Online Payment Services Granular code complaint types associated to a Parent Code Violations Case,that are tracked and determined individually PBA Permit Types include Building(1 series), Electrical (2), Plumbing(3), Mechanical (4), Grading (5) and Solar(6). Permits (PBA and PWA) includes all PWA Permit Types include Plan Check (P), Street Work (5), statuses Utility(U), Legal(L),Outdoor Dining(D), and Traffic Study(T). In order for a construction permit to be issued and the work to be properly inspected, plans must be prepared and submitted to the city for review and approval. Plan check involves review of the submitted plans by various city departments to meet its respective code requirements. Once the plans have been approved by all applicable city departments,the Building Plans Safety Division will be authorized to issue the permit. Identified Individuals or Companies connected to an Contacts Application, Permit,Code Case, or Occupancy Unique codes associated to a PBA or PWA Permit Type. Inspections are required at various times during the course of Inspections (includes all statuses) construction, depending on the scope of work. Final or Approved documents associated to a given Property Attachments address Each individual City of Santa Ana property address defined by Addresses/Properties (includes Street Number and Name, Direction (optional),Type (optional), inactive and units) Unit(optional) Building(optional) Addresses identified by a 3/in the Address Partial field, along Utilities with an identified Utility Type including Cable Box, Meter Box, Wireless, Power Pole, etc) Page 117 City of Santa Ana,CA RFP 24-087A Accela Civic Implementation Services Current Repository Description Parent Property address that contains all geographic attributes Primary Properties identified by the Planning staff Child address associated to a Primary address that identifies Unit Properties the unique Property Use, but inherits all other geographic information from the associated Parent. Users City personnel needing access to a repository system to read/research/validate information, or enter/track/process work attached to department workload. 4.5 Implementation Timeline The City seeks guidance from the Proposers based on their experience for the recommended module phasing and timing. Proposers should clearly communicate all key assumptions along with their proposed schedule. The City is open to suggestions on how best to implement the Proposer's solution. The Proposer's recommended implementation timeline should be clearly articulated in their proposal response as described in Section 6 — Implementation Approach and Work Plan under the Proposal Submission Requirements discussed in Section 5 of this document. 4.6 Requirements Proposers must respond to the LMS Requirements included in Appendix A— LMS Requirements, tab 1— Functional Requirements.; responses should be entered into the document. Proposers are to respond to each of these requirements following the instructions on the spreadsheet. 4.7 Implement Proactive Rental Enforcement Program (PREP) Billing (Optional) Proposers must respond with the ability to address and implement the requirements specified in Appendix D—PREP Billing utilizing the Accela system. I 18 EXHIBIT B CONSULTANT'S PROPOSAL W � Consultingg P.O. Box 17661 Tucson, AZ 85731 Phone: (520) 891-5376 or (520) 891-5319 Fax: (520) 733-6282 admin@ikcpartners.com July 11, 2024 Jack Ciulla, Chief Technology Innovations Officer City of Santa Ana—Information Technology 20 Civic Center Plaza Santa Ana, CA 92701 Enclosed is our response to the Accela Civic Application Implementation Services, Request for Proposal No. 24-087A for the City of Santa Ma. IK Consulting, LLC is a Gold Certified Professional Services Partner with Accela, Inc., established in Tucson, Arizona in May 2002 by Connie Ingram and Missy Kern.With over 25 years of experience each working in Land Management departments in Arizona, our founders have supported various jurisdictions with Accela software since 1994. From Permits Plus to Accela Automation to the current Civic Platform software, IK Consulting's founders have been configuring, implementing, migrating, and supporting Accela Software for nearly 30 years. We have successfully executed numerous data conversions from Accela's Legacy Permits Plus software, as well as from other software programs and spreadsheet tracking systems. IK Consulting is a Limited Liability company and is certified as a Woman-Owned Small Business with the U.S. Small Business Administration. Our primary expertise lies in Accela software including Civic Platform, Accela Citizen Access, Accela Mobile and Accela GIS. Primary contact for this RFP process: Proposed Project Manager this project: Melissa Kern Connie Ingram PO Box 17661 PO Box 17661 Tucson,AZ 85731 Tucson, AZ 85731 missy.kemAikcpartners.com connie.ingramt2 ikcpartners.com (520) 891-5376 (520) 891-5319 This response is being presented by IK Consulting, LLC, with Gray Quarter, Inc. as subcontractor. Gray Quarter is also a Certified Professional Services Partner with Accela, Inc. Their company is owned by managing partners John Schomp, Dane Quatacker and Larry Cooper. While IK Consulting, LLC will be actively managing all aspects of this project, Gray Quarter, Inc will be handling many of the interfaces and the data conversion from the City's existing Santa Ana Property Information Network system (SAPIN). The combined expertise of IK Consulting and Gray Quarter in Land Development and Technical Implementation brings you unmatched value for your project. We have reviewed Santa Ana's sample Consultant Agreement (Appendix B) and accept with the following exceptions related to the Insurance requirements. IK Consulting does not currently carry the Cyber Liability portion of the insurance specified. Given that we will not need access to Santa Ana's network, nor will we store or control anything related to the Civic Platform database, we anticipate that our current insurance coverage will suffice for this project's requirements. IK Consulting does not own any automobiles, therefore we do not carry commercial auto; instead, we carry $1M in Hired/Non-Owned vehicle coverage, which we believe will still meet the requirements for Automobile Liability. IK Consulting has been with The Hartford from the beginning, and they are a highly rated company. They do not utilize the ISO forms; however, they have their own forms which are considered comparable to the ISO forms. Because they are comparable, this has not been an issue in the past. If the City necessitates a new certificate with additional requirements for this project, we are open to negotiating this if selected as the successful bidder for this contract. IK Consulting does not now, nor have we ever had, any pending litigation against us, nor any bankruptcy or insolvency proceedings. IK Consulting, and all individuals who would perform work under this contract are free of any and all possible conflicts of interest. The attached proposal will remain valid for 180 days. Thank you for considering our response. Sincerely, c:A Melis Kern Manage Partner IK Consulting, LLC IKtZ Con s ACCELA CIVIC APPLICATIONS IMPLEMENTATION SERVICES CITY OF SANTA ANA, CA REQUEST FOR PROPOSALS NO. 24-087A July 17, 2024 Table of Contents Section 1—Executive Summary 1 Section 2—Company Background 2 IK Consulting,LLC 2 Gray Quarter,Inc 2 The IKC and Gray Quarter Teams 3 Section 3—Company Qualifications 3 Section 4—References 6 Section 5—Implementation Approach and Work Plan 10 a) Project Organization Chart 10 b) Project Management Methodology/Approach 12 Project Management 12 Change Management 13 Risk Management 13 Issues Management 14 Communications Management 14 c) Recommended Work Plan 16 d) Deliverables and Documentation 17 e) Roles and Responsibilities of City Staff 19 f) Data Conversion and Migration Approach 20 g) Data Cleansing and Mapping 20 h) Training Plan 20 i) Testing Approach 22 Section 6—Ongoing Maintenance and Support(Optional) 23 a) Ongoing Managed Support Services 23 b) Upgrades,Patches and Other Maintenance 23 c) Change Management(Post Go-live) 24 Section 7—Pricing(Price Sheet Made Available as a Separate Document) 24 Section 8—Proactive Rental Enforcement Program(PREP)Billing(Optional) 24 Section 9—Sample Documents 24 RFP Appendix A—Requirements 24 RFP Appendix C—Price Sheet 25 RFPAppendix D-PREP Billing(Optional) 25 Appendix A-23-087A Required Attachments 26 Attachment A-Proposer's Certification and Proposal Item Pricing 27 Attachment B-References 28 Attachment C-Proposer's Statement 30 Attachment D-Non-Collusion Affidavit 31 Attachment E-Non-Lobbying Certification 32 Attachment F-Non-Discrimination Certification 33 Attachment G-Sam.gov UEI Verification 35 Attachment H-Certificate Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion 36 Appendix B-Sample Contract Acknowledgement 38 Appendix C-Price Sheet 41 Appendix D-PREP Billing(optional) 42 Appendix E-Key Personnel Resumes 44 Constance Ingram 45 Melissa Kern 47 Reina Schmid .50 Sherrie Dishroon 53 Exhibit 1 -Change Order Example Document 55 Exhibit 2-Design Document Example 57 Exhibit 3-Test Script Examples 69 Page I ii ACCELA CIVIC APPLICATIONS IMPLEMENTATION SERVICES REQUEST FOR PROPOSALS NO. 24-087A CITY OF SANTA ANA, CA Section 1 —Executive Summary IK Consulting,LLC(IKC)is a software services company and an Accela Gold Professional Service Partner, specializing in the implementation, development,training and on-going support of Software and many 3`d party integrated services since 2002. This implementation proposal is a combination of efforts between IKC and Gray Quarter, Inc. (Gray Quarter) via subcontract between our two companies; with IKC acting as prime and Gray Quarter as subcontractor. With this blend of expertise and experience,we are confident that the City of Santa Ana will achieve the most successful implementation possible. IKC's founders both worked for over 20 years for Planning and Land Development departments within Arizona agencies. Our strength lies in the combination of our meticulous approach to understanding client needs,our wealth of hands-on industry experience and our unwavering commitment to customer success. The IKC and Gray Quarter teams of seasoned professionals bring a diverse array of skills and expertise; ensuring a comprehensive perspective that drives results. What truly sets IKC and Gray Quarter apart is our dedication to customer success. We view our clients as partners on a shared journey, and your success is our ultimate goal. Our collaborative approach means we don't just deliver effective solutions,we forge lasting relationships that extend beyond the project's scope. We're committed to being accessible,responsive,and adaptable ensuring that your evolving needs are met with agility and precision. Page Section 2 —Company Background IK Consulting,LLC IK Consulting, LLC (IKC) is a software implementation company who offers affordable professional system design, development,training, and implementation for Accela's Civic Platform software, including Land Management,Licensing and Case Management,and Asset Management. With over 30 years of Land Development software implementation experience, our services include project management, business process analysis, development, migration, reporting, training and administration of the Civic Platform software, Mobile solutions, Citizen portal, Electronic Document Review and Interactive Voice Response (IVR) systems. Our consulting professionals have extensive training and experience in the areas of information technology, process management, system migration, system design, training, reports and implementation. IKC was formed in Arizona in 2002 by Connie Ingram and Missy Kern who both worked within Arizona jurisdictions within Land Management departments for over 20 years each. Our extensive understanding of the unique needs and requirement of government allows a unique and highly effective approach to project management, business systems analysis,training and software solution implementation for our customers. Connie and Missy are both fully engaged in hands-on development,configuration and project management in all IKC projects; with one being designated to each implementation project to provide high level focus on the specific needs of that project. We are committed to customer success and working as a team with our customers to ensure the most effective solutions for all their needs and knowledge transfer to allow management by the customer post go-live. Over 50% of our staff also come from working in the building industry for several years, which helps our staff truly understand how your organization functions. As a company, we have been implementing solutions using Accela products since we opened our doors in 2002. We have migrated many customers from Accela's legacy Permits Plus product to their current Civic Platform (pka Accela Automation). Additionally, we have worked with non-Accela legacy clients, to implement the Accela Civic Platform software both on-premise and in the SaaS environment. Over the years, we have implemented multiple departments including (but not limited to): Building, Agriculture, City Clerk, Enforcement, Engineering, Fire, Fleet Services, Landscape, Licensing, Long Range Planning, Operations, Planning, Process Engineering, Public Works Facilities, Recreation and Parks, Urban Runoff and Utilities. IKC's offices are located in Tucson Arizona. Gray Quarter,Inc Gray Quarter, Inc. (Gray Quarter) is a California-based Corporation that is owned by managing partners John Schomp, Dane Quatacker, and Larry Cooper. Each of these partners served in leadership roles at Accela for over a decade; working closely with executives, product management, engineering, customer support, sales, and cloud operations. Gray Quarter empowers government agencies to provide transparent and efficient services to their citizens through innovative solutions and collaborative partnerships. Their mission is to help municipalities get the maximum value from their substantial investment in their Permitting and Licensing Software, including Accela and Oracle with whom they have long-standing partnerships. Page 2 They specialize in the technical aspects of software implementations with the proven experience required in the most challenging projects. Armed with in-depth enterprise platform knowledge as well as familiarization with the latest emerging technologies,they bring the tools necessary to complete tasks with efficiency and precision. Gray Quarter resources have worked with and designed in a variety of architectures in previous projects and their team is able to successfully complete all phases of a Permitting and Licensing Implementation: analysis, development, configuration, testing, maintenance, training, and administration. The IKC and Gray Quarter Teams IKC and Gray Quarter founders have successfully worked together on multiple projects including(but not limited to): Chino,CA Huntington Beach,CA Prescott Valley,AZ Santa Rosa, CA Washington County,MD Washington County,OR West Sacramento,CA Collectively, we have worked with more than 200 jurisdictions. Section 3—Company Qualifications IKC's founders began their journey with Land Management System (LMS) software over 30 years ago while working for Pima County (an Arizona jurisdiction), as end users in the Planning and Development Services department. As previous LMS users we understand the ins and outs of business processes related to Land Management/Land Development from a functional perspective, not just a software prospective. The knowledge was then extended further, to the software side, as Accela's software became the first migration we participated in back in 1994 and we have been working with Accela software ever since. This hands-on experience allows us a unique understanding of the needs and requirements of government agencies and our 30 years of working with LMS systems allows us in-depth knowledge of the needs, uses and best practices for Land Management/Land Development needs. Over the past 22 years, IKC staff has worked with numerous City,County and State jurisdictions across the United States providing services from support to system enhancement to full system implementation and data conversion for Accela software. We currently offer support to their Legacy Permits Plus software,but more predominately we provide services for jurisdictions using the current Accela Civic Platform software —versions up to,and including,the most current version 24.1. Implementation services that we have been successfully providing for full implementations similar to this Request for Proposal include: • Project Management • Business Process Analysis • System Configuration • System Scripting • Data Conversions • Report Development(SSRS and Crystal Reports) • Electronic Document Review Configuration Page 3 • Accela GIS Integration • 3rd Party Integration Assistance • Accela App Configuration • Accela Citizen Access Configuration • Accela Mobile Office Configuration • End User and Administrator Training Our full system implementation experience includes (but is not limited to) development for the following Land Development,Licensing and Asset Management modules: • AMS • Agriculture • Building • Business Licensing • City Clerk • Enforcement • Engineering • Fire • Fleet Services • Landscape Architecture • Long Range Planning • Operations • Planning • Process Engineering • Public Works Facilities • Recreation and Parks • Service Requests • Urban Runoff • Utilities IKC has an active client base with scope ranging from an annual fee increase and minimal assistance, to monthly support and enhancements. Some of these agencies currently use an On-Premise version of Accela's Civic Platform, but the vast majority utilize the cloud version, currently at version 24.1. Below is an alphabetic list of some of the active California jurisdictions using Accela's Civic Platform. Jurisdiction Partner On-Premise I Modules Services Include Cloud Implemented Anaheim Gray Quarter Actively Building Post implementation Orange County moving from License enhancement and daily On-Premise to Code support,as needed. Cloud Fire Planning ver 21.1 PublicWorks _ Chino IKC with On-Premise AMS(Assets) Full implementation and San Bernardino County Gray Quarter Building continued support,as as Sub ver 22.2.2 Enforcement needed Planning PublicWorks ServiceRequests Downey IKC Cloud Building System enhancement and Los Angeles County Business continued support,as ver 24.1 Enforcement needed Page I4 Fire Housing Planning PublicWorks Hermosa Beach IKC Cloud Building Full implementation and Los Angeles County Enforcement continued support,as ver 24.1 Planning needed PublicWorks Huntington Beach IKC with On-Premise Building Full implementation and Orange County Gray Quarter License continued support as Sub ver 24.1 Enforcement upgrade in Engineering process EnvHealth Fire Planning UrbanRunoff Jurupa Valley IKC with Cloud Building Full implementation and Riverside County Gray Quarter Engineering continued support as Sub ver 24.1 Licensing Planning Menifee IKC Cloud Engineering System enhancement, Riverside County Fire Accela Help Desk ver 24.1 Permits management and Planning continued support Monterey Park IKC Cloud Building Full implementation and Los Angeles County Engineering continued support,as ver 24.1 Fire needed Planning San Dimas IKC Cloud Administration Full implementation and Los Angeles County Building continued support,as ver 24.1 Enforcement needed Licenses Planning PWEngineering Santa Rosa IKC with On-Premise Building Full implementation and Sonoma County Gray Quarter Enforcement continued support,as as Sub ver 19.2 Engineering needed Fire Planning RecAndParks Utilities Sonoma County 1KC/ On-Premise AgComm Full implementation and Gray Quarter Building continued support,as ver 23.1 CustomerService needed Enforcement Engineering Fire Planning PublicComment WellAndSeptic West Sacramento IKC with On-Premise AMS(Assets) System enhancement, Yolo County Gray Quarter Building Accela Help Desk as Sub Ver 22.2 Licenses management and Code continued support Engineering Fire Page I5 Planning ServiceRequests Whittier IKC Cloud AMS(Assets) Full implementation and Los Angeles County Building continued support,as ver 24.1 Enforcement needed Engineering Planning ServiceRequests IKC is a Gold Certified Services Partner with Accela, and staff hold the following certifications: • Accela Certified Partner-Accela Citizen Access • Accela Certified Partner-Records and Mobile Configuration • Accela Certified Partner- GIS • Accela Certified Partner-User Experience Configuration • Accela EMSE Scripting Level 1 • Accela EMSE Scripting Level 2 • Accela EMSE Scripting Level 3 • Accela GIS Administration • Accela Configuration Manager • Accela Insights • Accela Civic Platform Form Designer • Accela Asset Management Professional Section 4—References The below references are listed with their full/original implementation services identified. All jurisdictions are also current customers whom what have had continued enhancement and support contracts with since their original implementation; some were also customers prior to their Civic Platform implementation. Reference 1 Sonoma County,CA Contact Name,Title Thomas Cirimele,DIS Manager Address 2550 Ventura Ave, Santa Rosa, CA 95403 Phone (707)565-8354 Email Thomas.Cirimele@sonoma-county.org Project Description Full Civic Platform System Implementation and ongoing support. Current software version 23.1. Modules Implemented AgComm Building CustomerService Enforcement Engineering Fire Planning PublicComment WellAndSeptic Number of Users 450+ Services Provided Project Management Business Process Analysis System Configuration System Scripting Page I6 Data Conversion Report Development Selectron Interface Assistance Citizen Access Configuration Training Interfaces CSLB Laserfiche Selectron PayPal ePermitHub—Digital Plan Room—Post Go Live Implementation Timeline 2014—2016 Go Live Date June 2016 Reference 2 Santa Rosa,CA Contact Name,Title Brian Tickner,Chief Information Officer Address 100 Santa Rosa Ave, Santa Rosa,CA 95403 Phone (707)543-4370 Email btickner@srcity.org Project Description Full Civic Platform System Implementation and ongoing support. Current software version 19.2 Modules Implemented Building Enforcement Engineering Fire Planning RecAndParks Utilities Number of Users 150 Services Provided Project Management Business Process Analysis System Configuration System Scripting Data Conversion Report Development Selectron Interface Assistance Citizen Access Configuration Training. Interfaces CSLB Laserfiche Selectron—Initial Go Live PayPal ePermitHub—Digital Plan Room- Post Go Live Implementation Timeline 2013—2015 Go Live Date July 2015 Reference 3 Huntington Beach,CA Contact Name,Title Richard Chenette, City Contract Project Manager Address 2000 Main St,Huntington Beach, CA 92648 Page Phone (949)275-2938 Email richardAgolivetechnology.com Project Description Full Civic Platform System Implementation and ongoing support. Actively moving to the Cloud environment version 24.1 Modules Implemented Building Licenses Enforcement Engineering EnvHealth Fire Planning UrbanRunoff Number of Users 195 Land,40 Business Licenses Services Provided Project Management Business Process Analysis System Configuration System Scripting Report Development Citizen Access Configuration Training Interfaces CSLB RPS Bill Collection Forte JD Ewards Laserfiche CERS Implementation Timeline 2016 -2021 Go Live Date March 2021 Reference 4 Jurupa Valley,CA Contact Name,Title Jennifer Trujillo,IT Business Analyst Address 8930 Limonite Ave,Jurupa Valley, CA 92509 Phone (951)332-6464 _ Email jrujillo@jurupavalley.org Project Description Full Civic Platform System Implementation and ongoing support. Current software version 23.1. Modules Implemented Building Engineering Licensing Planning Number of Users 46 Services Provided Project Management Business Process Analysis System Configuration System Scripting Data Conversion Report Development Page I8 Electronic Document Review Configuration GIS Integration Citizen Access Configuration Training Interfaces PayPal GreenHalo—Post Go Live Implementation Timeline 2018—2019 Go Live Date August 2019 Reference 5;' Chino,CA Contact Name,Title Chase Jones,IT Analyst Address 13220 Central Ave Phone (909)334-3393 Email cjoneeacityofchino.ojg Project Description Full Civic Platform System Implementation and ongoing support. Current software version 22.2.2 Modules Implemented AMS (Asset Management) Building Enforcement Planning PublicWorks ServiceRequests Number of Users 70 Land, 30 Assets Services Provided Project Management Business Process Analysis System Configuration System Scripting Data Conversion Report Development GIS Integration Citizen Access Configuration Training Interfaces CSLB PayPal Laserfiche Munis Implementation Timeline 2015 - 2017 Go Live Date January 2017 PageI9 Section 5—Implementation Approach and Work Plan a) Project Organization Chart IKC is comprised of two executive managing partners, who function as main project oversight and/or project management, depending on the project complexity. There are nine additional staff dedicated to Accela projects, which comprise the support structure, handing of daily business process analysis, configuration, reports and training for various projects,as assigned. There are two additional staff which perform daily administrative and support duties for the office. IK Consulting, LLC Organizational Chart Missy Kern Connie Ingram Managing Partner Managing Partner Sherrie Dlshroon Ralna Sthmb Clint Mills Senior Reports Ssnkr Imptomsnlagon Senior Implemenlatan Specialist Specialist Specialist Amber Andersen Kris Ingram Tillany Kom Janene Winn Lynn Larson I Missy Kersey Configuration Support Configuration Support Configuration Support Configuration Specialist Specialist Support ConriqurecarSupport! Configuration Support $petWlfl Specialist Specialist i Specialist Key lead staff,identified for the Santa Ana project,are identified below along with some resume highlights important for this project. Full resumes can be found in Appendix E. Connie Ingram,Managing Partner—Project Manager Connie Ingram brings a wealth of experience from her extensive background working in and with various city, county and state departments. She has held key supervisory roles in software development, business systems analysis, process mapping, and management.As a Certified Trainer and Accela Certified Partner, Connie holds a B.S. in Business Administration,a certification in public policy and management from the University of Arizona's Eller College, and certification in Process Mapping. Her deep expertise in these areas ensures her clients benefit from optimal process implementation and highly competent administrators and end-users. Throughout her Civic Platform career, Connie has been the Lead/Project Manager for six agencies, Lead Conversion Resource for fourteen agencies, and a Configuration and Scripting resource for thirteen agencies in their migration to Accela's Civic Platform. Connie has also worked with numerous other agencies to deliver enhancement services for existing Civic Platform customers. As a Co-Founder of IK Consulting,Connie has been deeply involved with Accela software since 1994. Her proficiency encompasses all aspects of system development including: • Business Process Analysis • Scripting • Data Conversions • System Configuration • Electronic Document Review • Training • Project Management • Accela Apps • AdHoc Report Development • Accela Citizen Access • Accela GIS • Accela Mobile Office Page I 10 With 39 years of experience working in and with land development jurisdictions across the United States and 30 years of related information technology experience,Connie's extensive background and diverse skill set make her an invaluable asset to her clients,ensuring they achieve the highest standards of efficiency and effectiveness in their operations. Missy Kern,Managing Partner—Kev Project Support With nearly thirty years of experience as an information systems professional and more than 40 years in the building industry, Missy Kern is highly qualified and accomplished. She is Microsoft SQL certified, a Certified Software Manager, and.an Accela Certified Partner. Missy's management expertise, attention to detail, and exceptional organizational skills are complemented by her innovation, creativity, and resourcefulness in her client work. Missy teaches the Accela University Database Schema, SSRS Reporting and Crystal Reports classes on a quarterly basis for Accela,and has played a pivotal role in multiple migrations to Accela's Civic Platform, serving as Lead/Project Manager for 12 agencies,SSRS/Crystal Reports Writing Resource for 19 agencies, and as a Configuration/Scripting and Report Writing Resource for 15 agencies. Additionally, she has provided a wide range of enhancement services to existing Civic Platform implementations for numerous clients, showcasing her versatility and expertise in optimizing system performance and functionality. As a Co-Founder of IK Consulting,Missy has been deeply involved with Accela software since 1995.Her proficiency encompasses all aspects of system development including: • Business Process Analysis • Scripting • Data Conversions • System Configuration • Electronic Document Review • Training • Project Management • AccelaApps • SSRS/Crystal Report Development • Accela Citizen Access • Selectron IVR • Accela Mobile Office • Accela GIS Reina Schmid, Senior Implementation Specialist—Lead Configuration Consultant Reina Schmid is a seasoned business analyst recognized for her expertise in troubleshooting and problem- solving. With over 28 years of public sector experience, she has a strong focus on Work Management and Land Development. Over the past 26 years,Reina has excelled as an Information Technology professional, specializing in process analysis and playing a key role in the implementation of Land Development, Enterprise Resource Planning (ERP), Enterprise Asset Management (EAM), Work Management, and Timekeeping systems. Her commitment to delivering superior customer service and effective project management has fostered exceptional client relationships. Reina has been a key contributor for 12 full agency implementations to the Civic Platform.Her roles have included Configuration, Scripting,AdHoc Report writing and Training,all fundamental components of any Civic Platform implementation. Additionally, she has taken part in services for numerous other agencies, focusing on enhancement projects to optimize their existing Civic Platform systems. Reina has been an invaluable asset to the IKC Team since 2016. Her proficiency encompasses many aspects of system development including: • Business Process Analysis • Scripting • Electronic Document Review • System Configuration • Project Management • Training PageI11 • AdHocReportDevelopment • Accela Apps • Accela Citizen Access • Accela Mobile Office Sherrie Dishroon, Senior Reports Specialist—Lead Report Writer Sherrie Dishroon brings over 37 years of experience as an information systems professional and more than 44 years in the building industry. She is highly detail-oriented and possesses effective management and communication skills that contribute to overall project success. Sherrie excels in both team settings and independent work,demonstrating a versatile ability to collaborate effectively with others. Sherrie has been the lead Report Writing contributor for 19 full agency implementations to the Civic Platform, as well as numerous other agencies where the focus is on enhancement projects to optimize their existing Civic Platform systems. Sherrie has been an integral part of the IKC Team since 2010. While her technical expertise in Land Development Information Technologies is extensive, Sherries primary role at IKC is focused around Crystal Report Writing and SSRS Report Writing, areas in which she demonstrates exceptional skill and proficiency. b) Project Management Methodology/Approach Project Management—IKC's Project Manager will lead the project team to ensure all tasks are progressing according to schedule. The Project Manager is empowered to make decisions on behalf of IKC to best suit the needs of the implementation. The Project Manager will work closely with the remainder of the project team and the following activities: • Development and Management of a Project Plan • Project Document Management • Issue Log Management and Escalation • Status Reporting • Change Order Management • Resource Management • Executive Project Oversight and Quality Assurance The Project Manager will utilize Accela's Civic Applications (Civic Apps) and the below methodology/ approach in the City of Santa Ana's implementation: Initiate Core team members are finalized, project contracts and the details of the Statement Of Work are finalized,project scope and objectives are reviewed with the full project team,and the project plan is finalized. This step also includes the project kick-off and initial Core Team training. Analysis IKC works closely with the City of Santa Ana's staff to reviews any existing agency documentation and the Civic Apps to determine any GAPs to be addressed. During this step IKC will hold both in-person and web-based workshops with key staff to actively update Civic Applications while also documenting more complex update needs related to data conversion,interfaces,reports,and event scripts. Configure/Update/Build During this step all item identified during the Analyze phase will be addressed. This includes items related to configuration, interfaces, reports, scripts and any other needs that address the Cities needs/requirements to facilitate the most successful implementation possible. Page112 Test and Train The Test and Train step focuses on City staff. During this step staff will being end user training and testing of the system to ensure all needs have been addressed both from Management needs and end user day to day functionality needs. Staff will be encouraged to work to find issues, to break the system if they can so that any and all issues can be identified and addressed prior to Go Live. In order to assist staff in being able to thoroughly test, they will start with user training allowing them to be as proficient with the new software as they can before start of testing. Deploy During the Deploy step IKC, Gray Quarter and Accela will work together to move the Cities full configuration from the Testing/Development environment over to the Production environment to prepare for Go Live. IKC will provide a minimum of 2 staff to be onsite with Santa Ana the week of Go Live to be able to assist staff with questions and address any unforeseen issues that might come up as quickly as possible. This step continues off site for 30 days after go live to ensure staff have the support they may need to get completely comfortable with the new system. Change Management — IKC's approach to Change Management is to define the process that will be utilized to manage and account for changes to project scope, cost, and schedule.All project tasks must be approached with an understanding of the project scope and critically examined within the context of project scope,cost, and schedule management. The purpose of Project Change Management is not to eliminate change, but rather to define a process allowing the proposed changes to be properly identified,evaluated,and escalated as necessary.The Change Order Process is defined as anything that changes the Statement of Work,duration of the project or contract values. The Change Order Processes will follow the steps outlined below. A Change Order request must be submitted in writing for changes requested by either IKC or the Client that further clarifies impact or deviation from the approved Statement of Work.The IKC Project Manager will be responsible for managing all Change Order requests submitted for the project in accordance with the following process: • All requests must be submitted in writing to the IKC Project Manager either by e-mail or hard copy to be recognized as a formal request. Verbal requests or voice mails will not be considered formal change order requests.The Change Order request should be used to document in detail the change and provide justification for why it is needed. The initial submission must also document the estimated work effort and cost (if applicable) to assist in determining what it would take to implement the change if approved. Based on the impact analysis, a review for consistency across the agency, and the estimated work effort and cost, representatives from both IKC and the Client will jointly determine whether to proceed with the analysis. If the analysis results in the determination that the Change Order request is not necessary,then the Change Order request will be cancelled and no further action is required.If it is accepted,then the requester(or its assignees) will determine the impact of implementing the change for the project.The Client is responsible for completing any additional paperwork required as a result of this change (i.e. internal contract change documents). Standard hourly rates of$150 will apply. See Exhibit 1 for a sample Change Order document Risk Management—Risk management is a vital part of any project,especially when you are dealing with multiple departments, and staff that already have a full-time position. With every project, we need to Page 113 identify, analyze,prioritize,and mitigate potential risks that could affect the project timeline, such as staff availability, regulatory changes,scope changes,delays,vacations,Holidays,turn over, etc. When a risk is identified, the IKC and the Client project management team will determine the potential impact on the timeline, implementation probability, and potential costs. Where possible, we will involve team members, stakeholders and experts in the area. All risks will be documented and include any interrelationships and dependencies among the risks, as well as the assumptions and constraints that may affect them. The next step is to plan the appropriate responses for each risk, depending on its priority and nature. Response options include: • Avoid-Eliminating the risk or its source,or changing the project scope or plan to avoid exposure. • Transfer-Shifting the risk or its consequences to a third party,such as a temporary staffing agency, a subcontractor, or a partner. • Mitigate - Reducing the probability or impact of the risk, or both, by implementing preventive or corrective actions. • Accept-Acknowledging the risk and its potential effects, and being prepared to deal with them if they occur. The project management team will document the response plans,along with the roles and responsibilities, resources,and timelines for implementing them. Once the appropriate plan of action has been determined,the next step is to implement the response plans for the risks that have been identified and analyzed. The established procedures and guidelines should be followed, and communicated and coordinated with the team members, stakeholders, and other parties involved. Throughout the process, the project management team will monitor the effectiveness and efficiency of the actions, and make adjustments as needed. The last step is to monitor and control the risks throughout the process and after implementation, making sure to evaluate and document the impact of the risks on your project scope,schedule,budget,quality,and deliverables, and take corrective or preventive actions if necessary. Risk should be reported and communicated to the team members,stakeholders, and other parties involved. Issues Management—IKC's Project Manager will be responsible for Issue Log management and escalation for all Issues related to the project. Our approach to issues and their resolution is: • Identify issues and discuss with appropriate team members,stakeholders,and other parties involved to gather information • Prioritize the issue based on the information gathered, it's effect on the project, and determine the issue severity. • Establish a position on issue. • Develop a response on how the issue will be managed/handled and make necessary assignments and communicate to the appropriate team members,stakeholders and any other parties involved. • Monitor the issue/resolution of the issue. Communications Management—IKC's Communication Management strategy comprises several components, all overseen by the IKC Project Manager: • Weekly Project meetings with all Core Team members. Upon project Kick-off,the IKC Project Manager will work with Santa Ana key staff to schedule a regular weekly meeting with Core Team members and any other key staff the Santa Ana staff deems Page114 appropriate. The purpose of this meeting is to discuss current project steps, next steps and any project concerns as well as documenting achievements as the project moves forward. • Monthly Project Status Reports. This report document identifies all steps within the overall project plan,identification of the current status of each step,current risks and issues,resolved risks and issues, and current time lines. This document is made available to the Core Team, Project Stakeholders and any others as defined by Santa Ana staff. • Issue Escalation Guideline. Invariably, in any implementation of this type, issues will arise. The IKC Project Manager will keep track of issues as they arise, within the Monthly Status Report and will ensure each item is assigned to a team member who will be responsible for leading the efforts to resolve the issue. These issues will include items that fall within the Scope of the project as well as issues that fall outside of the current Scope If at any time the issues identified go beyond the team members and IKC Project Manager/Agency Project Manager's ability to be resolved,the following issue Escalation Guideline is proposed. Agency Project Team Members and IKC Configuration Support Specialists are at the same level of the escalation scale and will attempt to address any issues they identify within this level. If an issue is not able to be resolved at this level, it should be referred to the next level of Agency Core Team Member and IKC Senior Implementation Specialist. Agency Core Team Members and IKC Senior Implementation Specialists are at the same level of the escalation scale and will attempt to address any issues they identify within this level. If an issue is not able to be resolved at this level, it should be referred to the next level of Agency Project Manager and IKC Project Manager. The Agency Project Manager and IKC's Project Manager are at the same level of the escalation scale and will attempt to address any issues they identify within this level. If an issue is not able to be resolved at this level, it should be referred to the next level of Agency Project Sponsor and the IKC Leadership Team. The Agency Project Sponsor and the IKC Leadership Team are the final level of escalation. Issues will be referred'to this level from previous levels and decisions made jointly at this level of escalation will be final and focused in the best interest of the agency without significant detrimental impact on IKC. ESCALATION SCALE: (7:40,10renoielioVni a " tlik0Oilikte# ► .[ _aror.at.etitaagn . , .r npe'r :Jti�------' qcC °I'ro��roal•su�ua3nspoariat ) Ac«•r^^rwx..e mow., t r macaoAnnwas .tsp:wwt, Page I15 c) Recommended Work Plan IKC has experience with multiple jurisdictions of similar size and implementation to Santa Ana. Based on that experience,and the information provided by the jurisdiction in this RFP we propose the following work plan comprised of a 17-to-18-month implementation time frame,with a 5-Step implementation approach. Step 1—Initiate. This step is the kick-off of the project and layout and preparation of the Core Team who will lead this project. Step 2 — Analysis. This step incorporates all analysis requirements for the project including on-site Configuration Analysis and Analysis required for Interfaces, and Configuration. Documentation of any new development or configuration defined during these analysis sessions will be provided and approved by the city before any new development will be completed. Working configuration meeting done on-site will be focused on quick identification of GAPs between City needs and the existing Civic Apps and will often result in immediate resolution of many of those GAPs identified. Step 3 — Configure/Update/Build. This step will involve putting into place all of the items that were identified/defined in Step 2. Step 4—Test and Train. This step involves the preparation of staff who will be responsible for full User Acceptance Testing (generally Core Team members, Subject Matter Experts and other key personnel identified by the city). End User training will be conducted onsite,and will prepare all testing staff for the ability to but the overall configuration thru a thorough and effective test for readiness for Go-Live. Step 5—Go Live and Production Support. This step is the final implementation of the full Civic Platform configuration. IKC staff will be onsite for the first week of Go-Live and will continue to be available for support for up to 30 days after Go-Live. Santa Ana - Project Time Line - 6 7 n - i] + ed sir sc tan • Mar Apr May Jun !ul10 !WQ Sepi2 O t Nov14 Decis Jan c 12 Omit* Months .2024 Y9N 2. . .29 9. ram.. 2?2@...45,,;2 AREA 1-.i92.k.z.t i,, 6 r Step 1 Initiate 1 XIdt•Osr X Y _ Core Team Definition Coro Teem Training_ X steal Analysts 4 .Wonting Cgtrat on Meetings X otia IMerface Analysis Report Analysis Meetings, GAP Ocorne weon .Conversion Analysts Monet Step! Configure/Update/Build 9 .Civic Application Updates Nevi Record Sued —Report Development - Script Development Mertace Development Conversion Build end Mapping, Citizen Access Development Step4 Teat and Traln 4 User Training X User Acceptance Testesg Rep Go Live/Production Support X 2 Configuration Push to Production Go Live West X Poet Go ten Wash Page 116 d) Deliverables and Documentation Step 1 Deliverables • Kick-Off Meeting—this is an onsite meeting with City staff to prepare everyone for the process of implementation that is about to get underway and get everyone excited about their role in the process. During this onsite trip the IKC Project Manager also meets with Core Team members to work on finalizing an overall project plan and to train Core Team members on various facets of the overall system that will assist them in their efforts to define the city's system requirements for the most effective implementation overall. • Project Plan —A Project Plan defining the above Project Time line in more detail, with starting and ending dates defined,will be finalized during this step of the implementation. Step 2 Deliverables • Analysis Meetings—analysis meetings are necessary for defining GAPs and needs in the areas of Configuration, Interfaces, Reports, and Conversion. Configuration meetings are generally held onsite due to the multiple department coordination necessary for many processes. Other analysis is generally effectively done via web meetings. • To-Be Configuration Documentation/GAP Documentation —Documentation will be provided for each Process,Report and Interface. This documentation will begin as`to-be'or what is planned and approved for each item and will be used by IKC and Gray Quarter staff as a blue-print for the development. If modifications are found necessary to these documents during the process of development the documents will be updated and finalized, otherwise the original documents will be considered final. Step 3 Deliverables • Record Development—up to 175 Record Types, within 4 department modules o Building—up to 50 records o Enforcement—up to 5 records o Planning—up to 80 records o Public Works—up to 40 records • Report Configuration—Documentation provided within this RPF demonstrates the potential for up to 138 Reports to be developed. After review the data provided, IKC believes that several of these reports could be facilitated with simple filters/queries and/or system searches with simple configuration considerations and/or could be written by City after they have attended Reports Training. Because of this IKC is including 85 reports for the purposes of the cost proposal for this RFP. The includes up to 85 Reports, including: o Low Complexity Reports—up to 15 Includes documents such as Transmittals and Expiration Letter. These types of reports generally have no more than 5 fields pulling from the Civic Platform database with the majority of the report being hard coded. o Medium Complexity Reports—up to 50 Includes reports such as Permits and Project Activity Reports. These types of reports generally have several fields pulling from the Civic Platform database with some hard coded information also included. o High Complex Reports—up to 20 Includes reports such as Financial Reports, Statics and reports that require data from multiple tables in the database. These types of reports pull data from multiple Civic Page I17 Platform tables, may require complex field formatting and may require derived fields which do not physically exist within the database. • Script Development- Script Repository Setup and development of up to 250 hours of scripting to automate processes beyond the robust functionality that is part of the Civic Apps and system functionality. • Interface Development for the following: o California State Licensing Board o iNovah-cashiering system o ERP-Lawson o Laserfiche o Business Tax System o Infor Financials o Accela GIS Configuration and setup o Assistance with Selectron Interface (Selectron manages all of their own integrations with Accela, IKC will act as the Accela expert to assist where needed) o Assistance with Avolve ProjectDox Interface(Avolve manages all of their own integrations with Accela,IKC will act as the Accela expert to assist where needed) • Interface Configuration Documentation - Interface configuration documents will be provided for all interfaces that are full developed by IKC or Gray Quarter staff. Selectron and Avolve both manage their own integrations so any documentation would need to be provided by them. • Conversion Build and Mapping-A configuration document identifying the process of conversion and defining all mapping completed will be provided. Step 4 Deliverables • User Training-Up to 13 End User Training classes will be provided onsite. Each class may have a maximum of 12 attendees. Each class will be 1.5 days in duration. • Sample Test Scripts-Core'Team members will be provided 2 or 3 sample test scripts to use as a foundation for development of their jurisdiction specific test scripts. The Project Manager will be available to assist with this effort, however we find that these test scripts are the most effective when full input from actual end users, who know the real time processes, take ownership of these scripts. • Data Conversion Runs-A total of 3 data conversion runs are part of this deliverable. • Accela Citizen Access (ACA) Setup-Although the majority of the configuration of ACA will occur within Step 3, the final pieces and delivery of this item will not occur until early in Step 4. ACA will be configured for online searching, inspection request and record application where appropriate. On line application to include a minimum of 70% shared page flows across the 4 different modules. Step 5 Deliverables • Data Conversion Runs - The final data conversion run will occur as this deliverable and documentation on the final configuration and mapping of the conversion will be provide. Page I18 • Onsite Go Live Support—2 IKC staff will be onsite to assist staff for the full first week of Go Live. • Offsite Post Go Live Support—Focused ongoing support will continue for 30 days after Go Live before transitioning the maintenance of the implementation to Accela's Customer Resources Center (CRC). Sample Design Document included—See Exhibit 2 Sample Test Scripts included—See Exhibit 3 e) Roles and Responsibilities of City Staff Agency Project Sponsor The Project Sponsors act as the final escalation point for issue resolution. Responsibilities include: • Represent the interests of the project within the Agency • Represent the Jurisdiction's interests both strategic and financial within the context of the project • Stays informed of major project activities • Assists with major issues,problems,policy conflicts and removes obstacles • Ensure the project manager receives resources where needed in a timely manner Agency Project Manager The Agencies Project Manager will work closely with the IICC Project Manager to manage,track,facilitate and plan for all project activities. The Project Manager works with the Project Sponsors, Subject Matter Experts and other stakeholders to ensure the timely delivery of a quality product. Responsibilities include: • Overall administration, coordination, communication, and decision-making associated with the implementation • Planning,scheduling,coordinating and tracking the implementation • Coordination of all projects • Ensure that the project team stays focused • Ensure tasks are completed on schedule and that the project stays on track Project Team Leads Team leads will work with the project team and facilitate project activities for the Agency and communicate with each affected department to represent department needs and business processes during implementation. Responsibilities include: • Attend requirements gathering workshops • Coordinate with SMEs to gather data and make decisions about business processes • Coordinate with SMEs to assist in the creation of specifications for reports, interfaces and conversions • Review and test the system configuration • Learn the system and assist in configuration Subject Matter Experts(SMEs) User representative from each affected department to represent department needs and business processes during implementation. Responsibilities include: • Attend requirements gathering workshops • Able to gather data and make decisions about business processes • Assist in the creation of specifications for reports, interfaces and conversions • Review and test the system configuration • Participate in knowledge transfer opportunities in order to understand the system Page 119 f) Data Conversion and Migration Approach IK Consulting and Gray Quarter staff have implemented and managed Accela's legacy Permits DOS, Permits Plus,and Accela Civic Platform systems within various jurisdictions for more than 30 years; data conversion being a critical piece of most of our full implementations. Our methodology and approach ensure a seamless,accurate,and timely transfer of data for our customers. The first step is a detailed review of the current system(s)where data exists and documenting those fields (including data type and field size) that are to be migrated to the new system. Many times there will be fields of data that, over time, have been deemed unnecessary and may not have a purpose in migration. These will be identified at this time along with determining if incoming data will be historical in nature,or if it needs to be functional for current/active projects. This step will involve both IKC/Gray Quarter and City of Santa Ana staff to work together in evaluation. Once the field coming from the existing/previous system have been documented the next step is to review the new system field layout to ensure that there is configuration in place for all of the incoming data; and adjusting configuration in the new system where appropriate. Primary responsibility for this will lay with the IKC/Gray Quarter team, but will also require some work from City staff to assist with field definitions which may not be clear. Actual data conversion is generally accomplished within 3 passes/runs of the conversion. The actual data conversion runs will be the responsibility of the IKC/Gray Quarter team,while the testing and verification of the conversion results will be the primary responsibility of Santa Ana staff. The first run is done into a testing system and generally highlights issues where either fields have not been mapped properly and/or were overlooked for the needs of the jurisdiction. The second run allows a staff to do a review of the adjustment/corrections made from the first runs review, with a final critical look at the data and one last option for adjustments if needed. The final run is the pass that will be implemented into the Production environment for use within the new system at Go Live. g) Data Cleansing and Mapping A primary piece of data conversion is Data Cleansing and Data Mapping. Data Cleansing involves the identification and resolution of data standards exceptions between the existing and new systems that needs to be addressed, removal of duplicate data where it may exist and potential transformation of data to fit the new systems standards and/or requirements. IKC and Gray Quarter staff have extensive experience reviewing data and ensuring the cleanest data source possible. Data mapping is another critical piece of data migration providing an automated definition of where all incoming fields should be placed in the new system. IKC and Gray Quarter will set the standard mappings and will work closely with City staff for jurisdiction specific fields that may require additional expertise to define appropriate location in the new system. h) Training Plan Where possible, we recommend onsite training to allow for the most effective transfer of information. All training sessions listed below have been quoted as onsite;however,web-based options are available for the Page 20 Administrator Training in addition to training opportunities that are offered by Accela thru their Accela University. End User Training This training is a 1.5-day training on the End User functionality of the Civic Platform system as it relates to Land Management and/or Licensing and Case Management. Attendees will be taught the ins and outs of the use of the system to allow them to effectively manage and track their processes within the system. IKC recommends a single 1.5-day End User Training for all end users to ensure City staff are proficient in the use of the new system. With 150+ staff to be trained, and a recommended max class size of 15, the schedule should include 10 classes, over the course of approximately 4 weeks. Initial classes should include Core Team members, Subject Matter Experts and any other City Staff who will be assisting with the User Acceptance Testing. Training for all other staff is recommended to occur within a 2-to-3-week time before Go Live to ensure that training details remain fresh and are not lost due to lack of system use prior to Go Live. Administrator Training IKC recommends a series of training sessions to equip City staff to Administer Civic Platform. Some of these classes are most effective before Go Live, while others are more effective after the system has been in use for at least a month; allowing administrators to have a more hands-on understanding of the impact of update and modifications they may choose to implement. These classes include the following: Pre-Go Live Civic Platform Administrator This class is a 3-day in-depth training on Administering the overall Civic Platform system using Administrator and corresponding pages. Attendees will learn how to develop new processes within the system as well as manage processes across the implementation. IKC recommends this class be held between 30 and 45 days prior to Go Live so that City Administrators are prepared to support staff immediately, while working along side of IKC for knowledge transfer and assistance. Reports Training Workshop This training is a 4-day class which includes Reports Schema Training and SSRS Reports Training as well as 2 days of actual hands-on Report development focused on actual jurisdictional report needs. The additional 2 days allows attendees to utilize the knowledge gained from the 2-day Reports Training with actual reporting needs of the jurisdiction. Depending on agency preference, this training could be done immediately after the system configuration is completed and approved,or it could wait till after Go Live. Doing so earlier in the implementation process will allow Administrators to better understand configuration impacts and to assist with any troubleshooting as early as Go Live week. AGIS Admin This training is a half-day training on the AGIS Admin Integration software.Attendees will learn how to navigate AGIS Admin for troubleshooting, refreshing services and adding new services and/or layers to Civic Platform. This training will also cover some basics of an external Address/Parcel/Owner setup (aka XAPO) for agencies who choose this option during system configuration and setup. Page 121 For the most part,Accela GIS will not require much update or maintenance, unless a change is made to the agencies GIS configuration or user needs. This training could occur at any time either before or after Go Live. Post Go Live Civic Platform User Experience This training is a 2-day in-depth training on administration as it related to user experience and security. Attendees will learn how to utilize the form layout editors, configure consoles, implement additional security controls, setup calendars,templates and more. IKC Recommends holding this training a few months after go-live. This allows users to get a full hands- on experience with the software which will allow them to better understand what they would assist them in the layout and design of the user experience. Once users know what they would like, this class could be done as a working class which would allow the trainees to use real live examples for many of the updates they will be learning. EMSE Basics This training is a 1-day class which includes an overview of the Event Manager and Script Engine(EMSE), triggers,functions, controls,variables, debugging and available documentation overview [KC also recommends holding this training a few months after go-live. This will allow the trainee to become well versed in the overall system configuration and user needs before they move into the more complex pieces of scripting. Accela Citizen Access This training is a 1-day in-depth training on Administering the Citizen Access (ACA) (customer portal) system. Attendees will learn how to develop online processes and make them available to constituents. This is another training that could either occur within a couple months of go-live or after go-live. We recommend it after go-live simply to balance the amount of learning that will be required for administrators during the go-live process. I) Testing Approach Testing is a critical part of IKC implementation to ensure that systems function as effectively as possible, and data conversions flow as expected. IKC's approach to testing is two part; the first is automated, the second is manual. Automated Testing During the automated testing, [KC will run scripts against the database to review configuration,consistency, and identify possible issues and/or concerns that need to be reviewed. Manual Testing Manual testing will be completed by the users, as a part of User Acceptance Testing. During the manual tests, staff will be working to validate that the configuration for each record is accurate (fields,workflow, fees, requirements, etc.), as well as evaluating that the records meet the functional requirements for the department/division. Pagel22 Section 6—Ongoing Maintenance and Support(Optional) a) Ongoing Managed Support Services IK Consulting has a long history of continued relationships with agencies long after Go Live. From basic annual fee increases to implementing new modules and on-going training; each agencies needs vary and we are here to assist in whatever way is needed. Post Go-Live service needs generally include: • New Module Configuration • New Record Configuration • Existing Record Enhancement • System Scripting • Data Conversions • Report Development(SSRS and Crystal Reports) • Electronic Document Review Configuration • Accela GIS Integration • 3`d Party Integration Assistance • Accela App Configuration • Accela Citizen Access Configuration • End User and Administrator Training IK Consulting recommends a Managed Support Services contract after Go Live for a period of 1 to 3 years depending on your agency's overall needs. Many agencies find that the first 3 years after a full implementation are the most active as users discover the full systems abilities and want to explore more options to make the system the most robust for themselves and their customers. Based on experience with other implementations of the size of Santa Ana's,we recommend the following: Year 1—250 Support Hours Year 2— 175 Support Hours Year 3— 120 Support Hours Support hours can be purchased ahead of time as a lump sum for each year, or they can be used as Time and Materials so that you only pay each month for the hours used in the previous month— which ever method is preferred by your agency. b) Upgrades,Patches and Other Maintenance The primary support for upgrades, patches and other maintenance for the Civic Platform will be managed and supported, per your maintenance agreement with Accela, Inc, as part of their Cloud Subscription services. They have a regular schedule for upgrades which includes full version upgrades twice each year, along with monthly patches. To support those efforts with agencies, IKC is available to provides assistance with testing of new versions in addition to issue resolution for items that staff may identify which would not be covered by contract with Accela. Hours for this testing and issue resolution is generally covered under Managed Support Services and is included in our hour's recommendation above for the first 3 years after Go Live. Page 123 c) Change Management(Post Go-live) Change management post go-live differs from before go-live in that the focus before is on managing the overall scope of the project to ensure it stays within budget, within project time frame and within desired outcomes for the full project. After go-live the focus shifts priorities to be more overall effectiveness of the full system,sustainability thru system standards and ongoing documentation of the path and decisions made along the systems lifetime. Post go-live should still have documentation related to what the requested/desired change is, why it is deemed necessary and the impact on business processes and budget(just like pre go-live). IKC will support the City of Santa Ana in these efforts either by following any documentation processes the city has in place, or by assisting the city in setting up a procedure for creating one. Section 7—Pricing (Price Sheet Made Available as a Separate Document) Per the RFP requirements,a separate Microsoft Spreadsheet, Santa Ana- Price Sheet_IKC.xlsx has been completed and uploaded separately with this response. Section 8—Proactive Rental Enforcement Program (PREP) Billing (Optional) See Appendix D for details on the PREP Billing Response Section 9—Sample Documents Sample documents have been added as Exhibits and include: Exhibit 1 —Change Order Document Exhibit 2—Design Document Exhibit 3—Test Script Examples RFP Appendix A—Requirements See Appendix A in this response for all required attachments, including: Attachment A: Proposer's Certification and Proposal Item Pricing Attachment B:References Attachment C:Proposer's Statement Attachment D:Non-Collusion Affidavit Attachment E:Non-Lobbying Certification Attachment F:Non-Discrimination Certification Attachment G: SAM.gov UEI Verification Attachment H: Certificate Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion Page I 24 RFP Appendix C—Price Sheet Per the RFP requirements,a separate Microsoft Spreadsheet, Santa Ana—Price Sheet_IKC.xlsx has been completed and uploaded separately with this response. RFP Appendix D—PREP Billing (Optional) See this proposals Appendix D for details on the PREP Billing Response Page I 25 Appendix A — 23-087A Required Attachments Page 126 APPENDIX A CITY OF SANTA ANA ATTACHMENT A PROPOSER'S CERTIFICATION, PROPOSAL PRICING Certification-I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit I) and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. PROPOSER'S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions. IK Consulting, LLC 520-891-5376 LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS PO Box 17661 , Tucson AZ 85731 BUSINESS ADDRESS Melissa O. Kern Managing Partner PRINTED NAME OF AUTHORIZED AGENT TITLE C, `-'‘.1 -- kk ,___ - -ZAD-Z-4 missy.kern@ikcpartners.com N TORE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS 1 71-0883304 NA FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IFAPPLICABLE) CITY OF SANTA ANA BUSINESS LICENSE NUMBER (PLEASE PROVIDE IF AVAILABLE BUT NOT REQUIRED UNTIL AND IF AN AWARD IS MADE TO PROPOSER) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. l PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. 27 off, wf' CITY OF SANTA ANA ATTACHMENT B REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services Included in the scope of the proposal specifications. Attach additional paaes if required. The City reserves the right to contact each of the references listed for additional Information regarding your firm's qualifications. REFERENCE Sonoma County, CA Thomas Cirimele Customer Name: Contact Individual: 2550 Ventura Ave (707) 565-8354 Address: Phone Number: -- Santa Rosa, CA 95403 Thomas.Cirimele@sonoma-county.org EMAIL: Contract Amount: $637,500 + $50,000/yr Year: Multiple Contracts: 2016 to present Description of supplies, equipment, or services provided: Software Implementation Including:project management,data analysis.data conversion,configuration,training, troubleshooting,and enhancement support for Accela's Permits Plus and Accela's Civic Platform software. , REFERENCE Customer Name: Santa Rosa, CA Contact Individual: Brian Tickner Address: 100 Santa Rosa Ave Phone Number: (707) 543-4370 Santa Rosa, CA 95403 EMAIL: btickner@srcity.org $50,600 to $522,743 _ Multiple Contracts: 2002 to present Contract Amount: _. Year. Description of supplies, equipment, or services provided: Software Implementation Including:project management,data analysis,data conversion,configuration,training, troubleshooting,and enhancement support for Accela's Permits Plus and Accela's Civic Platform software. REFERENCE Huntington Beach, CA Richard Chenette Customer Name; Contact Individual: Address: 2000 Main St Phone Number: (949) 275-2938 Huntington Beach, CA 92648 richard@golivetechnology.com EMAIL: Contract Amount $1.04M + $400K + $180K Year: Multiple Contracts: 2016 to present Description of supplies, equipment, or services provided: Software implementation Including:data analysis,configuration,training,troubleshooting,and enhancement support for Accela's Civic Platform software, THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. T 28 ATTACHMENT 8 - Continued REFERENCES REFERENCE Customer Name:Jurupa Valley, CA Contact Individual: Jennifer Trujillo 8930 Limonite Avenue (951) 332-6464 Address: Phone Number: Jurupa Valley, CA 92509 jtrujillo@jurupavalley,org EMAIL: Contract Amount: $120,000 + Ongoing Addn year Multiple Contracts: 2017 to present Description of supplies, equipment, or services provided: Software Implementation including:project management,data analysis,data conversion,configuration,training, troubleshooting,and enhancement support for Accela's Civic Platform software. REFERENCE Chino, CA Chase Jones Customer Name: Contact Individual: 13220 Central Ave (909) 334-3393 Address: Phone Number: _.. w. Chino, CA 91710 cjones@cityofchino.org EMAIL: $42,863 to $619,735 Multiple Contracts: 2008 to present Contract Amount: Year: Description of supplies, equipment, or services provided: Software implementation including:project management,data analysis,data conversion,configuration,training, troubleshooting,and enhancement support for Accela's Permits Plus and Accela's Civic Platfoim software. 29 Pim CITY OF SANTA ANA ATTACHMENT C PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his 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. Firm IK Consulting, LLC Signed and Printed Name- ,_Jg Melissa O. Kern Titre Managing Partner f� Date 1 — `THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. 30 Ie(: `ii CITY OF SANTA ANA Aram ATTACHMENT D NON-COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal. Note: The above non-collusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this non-collusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed { ` 3,�11- _ --th State of Ariz a, County of Pima Subscribed and sworn to (or affirmed) before me on this 114- day of ):.1\k-,\ , 20 2 t ,OA•AkSa 0 'Lbfr , proved to me on the basis of satisfactory evident to be the person(s) who appeared before me. II . JESUS OZUMA ( Notary'Public•Arizona Commission 8 646255 4 �. wy Con n.Expires Feb 24,2027 amswiniammsmammimmiewmamommailmasmii Notary f P Si ture Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. 31 ..0114 CITY OF SANTA ANA ATTACHMENT E NON-LOBBYING CERTIFICATION The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract,grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard 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 Mane ing Partner Firm: IK Consulting, LLC Date: - 1 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. J 32 CITY OF SANTA ANA ATTACHMENT F 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 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. 1. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled. terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor. or as otherwise provided by law. 2. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs(1)through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract 33 3 CITY OF SANTA ANA or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency. the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 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: AX .1/4_, Title: Mana ing Partner Firm: IK Consulting, LLC Date: _ ' THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. 34 CITY OF SANTA ANA ATTACHMENT G SAM.GOV UEI VERIFICATION On April 4, 2022, the federal government stopped using the DUNS Number to uniquely identify entities. Now, entities doing business with the federal government use the Unique Entity ID created in SAM.gov. They no longer have to go to a third-party website to obtain their identifier. This transition allows the government to streamline the entity identification and validation process, making it easier and less burdensome for entities to do business with the federal government. This RFP includes federal funding, and as such, the proposer must provide verification of their SAM.gov UEI and registration status. Please attach your entity's registration from SAM.gov, including UEI and active registration status. HCK3F52R1 W13 Proposer's UEI: SAM.gov Registration Expiration Date: 2/8/2025 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. 35 ATTACHMENT H CERTIFICATE REGARDING DEBARMENT;.SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION Certification Regarding Debarment, Suspension.Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions This certification is required by the regulations Implementing Executive Order 12549,as amended, Nonprocurement Debarment and Suspension, 2 CFR Part 2998, Subpart C, Responsibilities of Participants Regarding Transactions. The regulations were published as Part VII of the May 26, 1988, Federal Register(Pages 19160-19211), and as subsequently amended in 81 Federal Register 25585. (Before completing certification, read Instructions which are an Integral part of certification) 1. Pursuant to 2 CFR 180.335,the prospective primary participant, (i.e. grantee)certifies to the best of Its knowledge and belief,that It and its principals: a. Are not presently excluded or disqualified; b. Have not been convicted within the preceding three years of any of the offenses listed In 2 CFR 180,800(a)or had a civil judgment rendered against them for one of those offenses within that time period. c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity(Federal,State or local)with commission of any of the offenses listed In 2 CFR 180.800(a); and d. Have not had one or more public transactions(Federal, State or local)terminated within the preceding three years for cause or default. 2. Where the prospective primary participant Is unable to certify to any of the statements In this certification,such prospective participant shall attach an explanation to this proposal. IK Consulting, LLC Consultant �\ ay + Melissa O. Kern, anaging Partner Name and Title of Official Authorized to Certify On Behalf of the Consultant :-I - u -inter Date 35 ATTACHMENT H CERTIFICATE REGARDING DEBARMENT, SUSPENSION; INELIGIBILITY AND VOLUNTARY EXCLUSION(CONT.) INSTRUCTION FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective recipient of Federal assistance funds is providing the certification as set out below, 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered Into. If it Is later determined that the prospective recipient of Federal assistance funds knowingly rendered an erroneous certification,in addition to other remedies available to the Federal Government,the Department of Labor(DOL)may pursue available remedies, Including suspension and/or debarment. 3. The prospective recipient of Federal assistance funds shall provide Immediate written notice to the person to which this proposal is submitted if at any time the prospective recipient of Federal assistance funds learns that Its certification was erroneous whom submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction","debarment","suspension", "disqualified," "Ineligible", "lower tier covered transaction", "participant", "person", "primary covered transaction","principal", "proposal", and"voluntarily excluded",as used In this cause, have the meanings set out in the Definitions and Coverage sections of rules Implementing Executive Order 12549. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that,should the proposed covered transaction be entered into,it shall not knowingly enter Into any lower tier covered transaction with a person who Is debarred,suspended,disqualified,declared Ineligible,or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL. 6. The prospective recipient of Federal assistance funds agrees by submitting this proposal,that It will Include the clause title"Certification Regarding Debarment,Suspension, Ineligible,or voluntarily • excluded from the covered transaction"unless it knows that the certification Is erroneous. 7. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render In good faith the certification required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings, 8. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who Is suspended,debarred, ineligible,or voluntary excluded from participation In this transaction,in addition to other remedies available to the Federal Government,the DOL may pursue available remedies, including suspension and/or debarment. 37 Appendix B - Sample Contract Acknowledgement Page 138 Sample Contract Acknowledgement IK Consulting has reviewed Santa Ana's sample Consultant Agreement(RFP Appendix B)and accepts with the following exceptions related to the Insurance requirements. IK Consulting does not currently carry the Cyber Liability portion of the insurance specified. Given that we will not need access to Santa Ana's network,nor will we store or control anything related to the Civic Platform database,we anticipate that our current insurance coverage will suffice for this project's requirements. IK Consulting does not own any automobiles, therefore we do not carry commercial auto; instead, we carry $1M in Hired/Non-Owned vehicle coverage,which we believe will still meet the requirements for Automobile Liability. IK Consulting has been with The Hartford from the beginning, and they are a highly rated company. They do not utilize the ISO forms; however, they have their own forms which are considered comparable to the ISO forms. Because they are comparable,this has not been an issue in the past.If the City necessitates a new certificate with additional requirements for this project, we are open to negotiating this if selected as the successful bidder for this contract. Page I39 Gray Gray Quarter Inc. 8575 Morro Rd Quarter Atascadero, CA 93422 P:925.236.0070 F:805.460.7059 July 17, 2024 To:The City of Santa Ana, CA Gray Quarter is pleased to act as a subcontractor under the IKC prime contract. Gray Quarter has read IKC's contract obligations and agree to abide by the them. We look forward to partnering with IKC in delivering superior implementation services on behalf of the City. Sincerely, , 1J John Schomp CEO Gray Quarter, Inc. 40 Appendix C — Price Sheet Per the RFP requirements,a separate Microsoft Spreadsheet, Santa Ana—Price Sheet_IKC.xlsx has been completed and uploaded separately with this response. Page 141 Appendix D — PREP Billing (optional) Page I 42 PREP Billing Option Due to the timeframe provided, we have determined that there was insufficient time to fully evaluate the requirements and formulate comprehensive questions to address this optional section of the RFP. Consequently,we were unable to fully consider and respond to this portion. We have however, reviewed the requirements that are outlined in this RFP and are confident that Accela Civic Platform can meet a significant portion of the requirements highly effectively. Other requirements appear to be less clear and we would need additional information to accurately determine the ability to fulfill them. For the purposes of this proposal,we believe that Civic Platform Licensing and Case Management Module is an effective software platform for Licensing/Registration,Renewal and Review Checklist type processes. Additionally,the Mobile App supports the functionality desired for field staff. The integration requirements of the PREP Billing item align greatly with those of the remainder of this RFP, so we would anticipate being able to meet this requirement without exception for any software that has an API that would allow the integration with Accela. It is important to point out that Accela's Civic Platform is not a true Financial System software, so collections type processing can be more complex to implement and will require more in-depth analysis work with subject matter experts in order to ascertain any potential gaps between ability and need for this type of functionality. Assuming that further in-depth analysis identifies Civic Platform as a good choice for this process we would Propose the following: • A PREP Application Record with the following components o Custom Fields implementation to track jurisdiction specific data o Fee Schedule to manage PREP specific fees o An Inspection/Checklist implementation to allow field staff to easily assess locations o Workflow implementation that allows for notifications where appropriate and renewal preparations o Action(custom field change, workflow update, inspection result, etc) driven notifications to property owners, applicants and/or city staff as appropriate. • A PREP Renewal record that links to the application and tracks renewal status in real time. Tentative level of effort on this implementation would be between 150 and 200 hours. Tentative cost of$22,500 to$30,000. Page I43 Appendix E - Key Personnel Resumes Page 144 y Constance C. Ingram rJ IK Consulting, LLC c PO Box 17661 Tucson AZ 85731 (520) 891-5319 (520) 721-8634 fax connie ingram ilccpartners.co Professional Experience: IK Consulting,LLC—May 2002 to Present Co-Own and operate a systems development consulting business. Work with various jurisdictions within the United States to develop, maintain and enhance Permits Plus and Accela Civic Platform Land Development and Licensing systems. Provide business systems analysis,and process mapping,prior to automation to ensure the most effective process implementation for each jurisdiction. Provide comprehensive training sessions on the maintenance,administration and use of these automated systems. Pima County Department of Transportation—August 2001 to October 2006 Supervised and managed multiple software developers and business systems analysts within the Department of Transportation. Coordinated with division managers and department heads to facilitate integration of systems between divisions and departments within the County. Lead the departments Process Mapping and Process Management efforts. Pima County Development Services Department—August 1985 to August 2001 Various increasingly responsible positions, ranging from Customer Service Representative to Application Software Support to EDP Project Supervisor. Responsibilities included assisting customers with permitting needs, training employees on various computer programs, development of three (3) permitting system programs over the duration of employment; including development and migration of each system (Parcel Management System, Permits DOS and Permits Plus). Supervised various customer service and IT systems personnel. Instructor/Teaching Experience: Pima Community College-June 2010 to August 2012 Adjunct Faculty Instructor certified to teach in the areas of Computer Information Systems,Computer Software Applications and Business. I.K.Consulting,LLC—May 2002 to present Provide comprehensive classroom training on Accela Civic Platform Administration,Accela Civic Platform End User and Accela Ad-Hoc Reports Development as well as multiple web based training classes on the Civic Platform software functionality. Pima County—Adjunct Faculty,Team Leader--March 2002 to October 2006 Coordinated efforts between multiple departments to develop an Adjunct Faculty for Pima County Public Works departments, Responsibilities included the development, and teaching, of employee development classes including: Customer Service, Train the Trainer,Ethics&Conflict of Interest,Team Dynamics,Team Building,Quality Process Improvement and Process Mapping. Pima County Development Services Department—1985 to August 2001 Provided one-on-one as well as class room training for department personnel on Networking, Email, Word Processing,Permits DOS and Permits Plus software. Education Santa Rita High School—Graduated 1983 NHS Pima Community College—18 Credits Earned University of Arizona—12 Credits Earned University of Phoenix—BSBA 1991 with Program GPA of 3.51 Certificates and Awards: • Certified Trainer Certificate—AchieveGlobal,March 2002 • Superior Service Team Award For Adjunct Faculty—American Society for Public Administration,May 2003 • Certificate in Public Policy&Management—University of Arizona Eller College of Management,December 2004 • Mastery of Process Mapping—Business Enterprise Mapping,April 2005 • Accela Bronze Certified Implementation Professional—April 2016 • Accela Asset Management Professional—September 2017 • Accela EMSE Scripting Level 1—February 2021 • Accela EMSE Scripting Level 2—March 2021 45 • Accela EMSE Scripting Level 3—April 2021 • Accela GIS Administration—June 2021 • Accela Configuration Manager—September 2022 • Accela Insights—September 2022 • Accela Certified Partner Level 1 Accela Citizen Access—April 2023 • Accela Certified Partner Level 1 Records and Mobile Configuration—May 2023 • Accela Certified Partner Level 1 GIS—May 2023 • Accela Certified Partner Level 1 User Experience Configuration—May 2023 References available upon Request 46 MELISSA O. KERN 1K Consulting,LLC •PO Box 17661 •Tucson,AZ 85731 •(520)891-5376 •missy.kern@ikcpartners.com Summary Of Qualifications • Over 25 years experience as an Information Systems professional. • Over 35 years experience working in the Building Industry. • Certified Novell NetWare Administrator,Certified Software Manager and Accela Certified Partner. • Proven effective management skills with involvement in departmental management decisions. • Exceptional focus and follow-through abilities. Innovative thinker,creative, and resourceful. • Strong troubleshooting and problem-solving skills. • Detail-oriented, multi-tasker with strong organizational skills. • Outstanding dedication to customer service and client relations. Professional Experience IK CONSULTING,LLC,Tucson Arizona Managing Partner May 2002 to Present • Partner in consulting firm that provides business process analysis,configuration(including items such as workflow,inspections,form design,event,scripts,user defined data,fees,etc.),data conversion,reports, testing and training for various software systems,including the Accela Civic Platform. • Manage migration and conversion of data from Accela legacy platforms to the Civic Platform,as well as many legacy mainframe and other databases. Data review and cleanup of existing systems prior to migration to ensure data integrity and usability. • Design and develop custom reports for documents,memos,letters,permits,workload,statistical/monthly counts,financial,and workflow data using Access,SSRS and/or Crystal Reports. • Work closely with other vendors to integrate additional solutions with the Accela Civic Platform, such as IVR,GIS,Mobile and Financial systems. • Training courses offered for the Accela Civic Platform in the following areas: User/Utilization, Administration,Core Team,Database Schema and Reports,Accela Mobile Office,Accela Citizen Access Administrator and Customer Service. CrrY OF PEORIA,Peoria,Arizona Contract Management Analysis February 2003 to December 2009 and SYSTEMS TECHNOLOGY GROUP,INC.,Phoenix,Arizona Contract Staff for City of Peoria Information Technology January 2010 to December 2010 • Responsible for the Engineering Department Permits Plus record types, documents, and necessary programming for new processes as well as maintenance of existing process types for fee increases and/or new fee processing. • Creation of all reports and forms necessary for daily business,management of workload, and financial comparisons. • Key staff responsible for the analysis,configuration,process mapping and testing of the new processes created in Accela for the Engineering Department. • Instrumental in the mapping process for migration from legacy platform to Accela for the Engineering Department,and assistance with three(3)other departments at critical times. • Creation of over 100 custom reports, letters, documents, and permits for utilization by staff and management utilizing Crystal Reports for multiple departments in the City. • Provide assistance with the scripting and testing,as necessary. • Creation of custom user documentation for training purposes. Conducted User/Utilization training. • Provide custom documentation and training for key staff for Reporting,Queries,and other features. 47 PIMA COUNTY DEVELOPMENT SERVICES DEPARTMENT,Tucson Arizona Permitting Development Manager November 1998 to September 2001 Permitting Development Coordinator December 1995 to November 1998 Administrative Support Specialist I March 1994 to December 1995 and TOWN OF ORO VALLEY,Oro Valley,Arizona Permitting and Office Manager September 2001 to December 2003 • Manage the process analyses and mapping of, as well as the design and implementation of, manual processes into an automated process. Additionally,manage conversion of existing automated processes into the Permits Plus software. • Research and develop reports of various permit data,perform statistical analysis,and manage all internal and public reporting requests using MS Access or SQL. • Oversee and provide technical expert support for all applications used within the department including the Interactive Voice Response system,hardware,and network assistance. • Train,assign work load and supervise four(4)programming,systems analyst and processing support staff as well as the Help Desk staff at Pima County,AZ. • Train, assign work load,and supervise four(4) Building and Administrative staff members as well as manage the Building Counter with the daily functions related to all Building and Permitting activities at the Town of Oro Valley,AZ. • Responsible for all security design,implementation,and maintenance for Departmental software. • Create new documentation for processes and procedures,and supervise all training for 120+users. • Instrumental in the original design,call flow,and implementation of the joint Pima County/City of Tucson Interactive Voice Response(IVR)system utilized to schedule/update building inspections. • Manage contracts and Intergovernmental Agreements utilized by Development Services. • Manage monthly report for revenues and comparison of income to provide budget projections. Instrumental in yearly budget preparation for the Development Services Department. Related Experience PIMA COUNTY DEVELOPMENT SERVICES DEPARTMENT,Tucson Arizona Subdivision Coordinator March 1993 to March 1994 Assistant Subdivision Coordinator October 1988 to March 1993 Public Service Clerk August 1986 to October 1988 Clerk September 1984 to August 1986 • Manage and coordinate daily activities of all review processes required for subdivision plats and development plans review within the Subdivision Coordination Office. • Assisted in the system design,evaluation,and implementation of the computerized Subdivision Tracking System utilized by the Subdivision Coordination Office. • Work with the public to provide information regarding policies and procedures for compliance with land uses,zoning,and building codes requirements. • Basic review and processing of plans submitted for building and zoning permits. • Process requests for inspections and update records to determine finalization of building projects. • Establish and coordinate a system to monitor expired permits and the non-compliance of Building Codes. • Act as problemsolving liaison between the Board of Supervisor's,County Departments,and constituents. Education And Training • BUSINESS ADMINISTRATION/COMPUTER PROGRAMMING, University of Arizona 1985 TO 1987 Successfully completed 24.50 credit hours. • BUSINESS ADMINISTRATION/COMPUTER PROGRAMMING,Pima Community College 1986 TO 1988 Successfully completed 21.00 credit hours. • SOFTWARE MANAGEMENT, Software Publishers Association NOVEMBER 1995 Obtained Software Manager Certification in December 1995. 48 • NOVELL ADMINISTRATION 4X,University of Arizona MARCH 1996 Obtained CNA Certification for Novell 4X in January 1997. • SYSTEM ADMINISTRATION FOR MS SQL SERVER 7.0, DRA Software Training DECEMBER 2000 Successfully passed class examination. • MASTERING VISUAL BASIC 6.0 FUNDAMENTALS,DRA Software Training JANUARY 2001 Successfully passed class examination. • MASTERING VISUAL BASIC 6.0 DEVELOPMENT,DRA Software Training FEBRUARY 2001 Successfully passed class examination. • CRYSTAL REPORTS 1,2 AND PROGRAMMING,DIM Software Training MAY 2001 Successfully passed class examination. • SSRS REPORTING, Clear Canyon Technologies, Inc. MARCH 2013 Successfully passed class examination. • ACCELA CERTIFICATIONS,Accela Inc./Accela, University Successfully passed all the following class examinations • BRONZE CERTIFIED IMPLEMENTATION PROFESSIONAL APRIL 2016 • ACCELA ASSET MANAGEMENT PROFESSIONAL SEPTEMBER 2017 • ACCELA EMSE SCRIPTING-LEVELS 1,2 AND 3 FEBRUARY,MARCH,APRIL 2021 • CIVIC PLATFORM FORM DESIGNER FOR ADMINS FEBRUARY 2021 • ACCELA CERTIFIED PARTNER LEVEL 1:ACCELA CITIZEN ACCESS MAY 2023 • ACCELA CERTIFIED PARTNER LEVEL 1:GIS MAY 2023 • ACCELA CERTIFIED PARTNER LEVEL 1:RECORDS AND MOBILE CONFIGURATION MAY 2023 • ACCELA CERTIFIED PARTNER LEVEL 1:USER EXPERIENCE CONFIGURATION MAY 2023 Accela Civic Platform Supplemental • Effective and successful Project Manager of many Accela Land Management,Accela Asset Management and Accela Licensing and Case Management projects,ranging in all sizes from one to eight departments /modules, to assisting with only pieces of Accela managed projects(such as reports and/or training). • Complete business process analysis, leading multiple work teams from various departments across Enterprise wide agencies throughout the United States. • Automate various functionality utilizing Event Scripting (both version 2 and version 3), Custom Functions, Batch Processes and/or Expression Builder. • Establish user setup/security design and implementation for all areas of the software solution. • Creation/programming of many new process types for various divisions (building permit issuance, violation tracking, subdivision processing, address issuance, planning processes, business licenses, engineering processes, fire processes, gas well process, transportation processes, and others)for jurisdictions all across the United States. • Successfully managed numerous conversions of existing history data into newly created process, as well as multiple migrations to the Civic Platform. • Create custom new user and system manager documentation for processes and procedures,and manage System Administrator and User Training sessions. • Assist Accela Education/Accela U department with teaching core Civic Platform classes, such as Core Team Training, Administrator Training, V360 Administrator Training, User Training, EMSE (both version 2 and version 3), Accela Mobile Office Training, Database Schema Training, Report Writing Training, Scripting, Data Mapping Tool Training and Accela Citizen Access Administration. • Design and implement calendaring system within various products to effectively manage multiple jurisdiction's inspection needs. Additionally designed calendars to manage Subdivision,Planning,and other process meeting and process due date schedules. • Manage and fulfill both internal and public reporting requests for data, using Access, Visual Basic, Crystal Reports, SSRS and SQL queries to access the data requested. • Define needs for additional functionality within the software,make necessary programming changes or work with Accela, Inc. to define necessary assistance, supervise testing prior to implementation, review/evaluate proper documentation and oversee implementation of new functionality. • Accela Gold Certified Partner. 49 KUReina Schmid IK Consulting, LLC - PO Box 17661, Tucson, AZ 85731 reina.schmid@ikcpartners.com SUMMARY OF QUALIFICATIONS I am a detail-oriented business analyst with strong troubleshooting and problem solving skills. I have twenty-five years' experience in the public sector with a focus on work management including twenty years as an Information Technology professional performing process analysis and implementation of Enterprise Resource Planning (ERP) systems, Enterprise Asset Management (EAM), Work Management and Timekeeping systems. I am dedicated to outstanding customer service coupled with effective project management which has resulted in exceptional client relationships. PROFESSIONAL EXPERIENCE IK Consulting, LLC, Tucson, AZ Senior Implementation Specialist August 2016-Present Leads sessions with system analysts, project managers and subject matter experts to collect data, current processes, associated documents and other information and creates configuration documents that describe how the system will be implemented. Responsible for configuring required functionality including EMSE scripting, expressions, user defined fields, workflow processes, inspections and user group security. Assess customers' needs throughout the project and provide follow up with best practice strategies for full implementation and/or resolution. Tucson Medical Center, Tucson, AZ Senior Business Systems Analyst February 2014 -July 2016 Elicit functional requirements and design documents for proposed software systems, interfaces, customizations and reports. Perform analysis and evaluate business processes and user needs with the goal of implementing best practices. Perform fit gap analysis, workshops, site visits, process mapping (workflow), questionnaires, prototyping, use cases and brainstorming. Support quality assurance by reviewing system level testing of development activities including reports, interfaces, conversions, customizations and performing acceptance testing of the application against requirements including patches, upgrades, new software and hardware. Document creation and testing of implementation plans and technical review to comply with change control procedures. Design and deliver end user training and job aides including quick reference materials and step by step procedures. Desert Diamond Casinos and Entertainment, Tucson, AZ IT ERP Business Systems Analyst February 2012-January 2014 Responsible for working with subject matter experts to define requirements for commercial off the shelf (COTS) applications as well as in-house customized applications and reports. Conduct Fit/Gap analysis, process mapping of As Is as well as To Be business processes and design test scripts for all phases of testing (unit, system and user acceptance). Facilitator of a five member core team tasked with implementing PeopleSoft Benefit Administration for 1200+ employees. Project was implemented successfully on time and significantly under budget. Design and maintain PeopleSoft Financial Requisition workflow for 130+ requesters and 100+ approvers. 50 Reina Schmid Page 1 Pima County, Tucson, AZ Business Systems Analyst, Pima County Information Technology Department October 2009—January 2012 As Team Leader and lead Business Analyst for Pima County's Maximo Maintenance Management System team, coordinated with subject matter experts, implementation consultants and technical teams, defined the required functionality to support the business strategies, prioritized implementation requirements and performed system configuration of the Maximo application including Maximo Spatial and integration with the Advantage Financial Management System. Assistant System Administrator responsible for database configuration changes, application design modifications, security group set up and workflow configuration as well as troubleshooting system errors and preparing level of effort documentation for system enhancement requests. EDP Project Supervisor, Pima County Department of Transportation September 2007—October 2009 Business Analyst responsible for application development, maintenance and system administration of MS SQL, Oracle and Access databases including enterprise level applications such as Oracle Work and Asset Management, and commercial off the shelf (COTS) applications such as Accela Permits Plus, CarteGraph and CCG Faster. Sole responsibility for security design, implementation and maintenance for department software such as CarteGraph PAVEMENTview and PAVEMENTview Plus applications and CCG Faster Motor Pool application. Troubleshooting and resolution of complex application support issues using SQL programming. Creating new documentation for processes and procedures, and supervising end user training for over 300 customers. IT System Analyst, Pima County Department of Transportation September 2002—September 2007 Business Analyst and Trainer for the enterprise level Oracle SPL Asset Management System for nine Public Works departments. Identify and understand customer requirements and perform business systems analysis for Work Management and Inventory Management processes and systems. Performed and implemented process improvement through analysis and process mapping using the Business Enterprise Mapping (BEM) methodology. Supervise Information Systems Coordinator in the operational maintenance of automated systems. Team Leader of the 15 member Public Works Adjunct Faculty, supervising and performing training of the Customer Service, Team Building, Team Dynamics, Conflict of Interest and Quality Process Improvement training courses. (2007 to 2008) Business Systems Coordinator, Pima County Development Services February 1998—September 2002 Facilitated work groups consisting of technical personnel and end-users to determine needs and requirements for proposed permitting system. Programmed new compositions for automated processes, and was lead programmer responsible for conversion of existing Development Review and Planning processes to the integrated solution software, PERMITS Plus. Researched and developed custom reports of various permit data, performed statistical analysis and managed all internal and public reporting requests through the use of SQL query development. Engineering Plans Technician, Pima County Department of Transportation December 1996—April 1999 Facilitated multiple work teams charged with evaluating system functionality and developing the implementation plan for the PERMITS DOS automated system. Created end user testing documentation, facilitated user acceptance testing and prepared end user manuals for the operational maintenance of the system. Managed the monthly report for revenues and comparison of income to provide budget projections. Reviewed utility plans for conformance to Arizona State Revised Statutes (ASRS), regulatory and departmental requirements for issuance of Right-of-Way Use permits. 51 Reina Schmid Page 2 EDUCATION AND TRAINING Accela, Tucson, Arizona Asset Management Certification, September2017 Oracle University, TransAmerica Training Mgmt, Albuquerque, New Mexico PeopleSoft Benefits Administration Rel 9.1 Ed 1, December2013 University of Arizona, Tucson, Arizona Train the Trainer, June 2007 Southwest Leadership Program, September2006 Crystal Reports 7.0, September 2000 Novell Netware 4.11 Administration, August 1999 Pima County, Tucson, Arizona Tivoli's Process Automation Engine Foundations (ILO) 8R710, provided by IBM, December2011 IBM Maximo System Administration, provided by EMA, Inc., April-June 2011 CGI AMS Advantage Training, provided by CGI, May 2010 Synergen Power User Training, February 2005 Train the Trainer, May 2004 Customer Service Training, June 2003 Business Enterprise Mapping, Scottsdale, Arizona Mastery of Process Mapping, May 2005 The Power of Process Mapping, October 2004 DRA Technical Training, Tucson, Arizona A+ Certification, February 2002 System Administration for MS SQL Server 7.0, February 2001 Novell Netware 5.0 Administration, March 2001 New Horizon Technical Training, Tucson, Arizona Crystal Reports XI, April2006 Programming in Access, October 2002 FrontPage, December 2002 HTML 4, January 2003 Access 2000 Level 3, October 2002 Visio Professional 2002 Levels 1 & 2, November 2002 PowerPoint, February 2003 Executive Training Solutions, Phoenix, Arizona Adobe Acrobat Professional 6.0, September 2004 Pima Community College, Tucson, Arizona General Studies (56 Semester Credit Hours Completed), 1987-2002 52 Reina Schmid Page 3 a u SHERRIE DISHROON 1K CONSULTING, LLC PO Box 17661, TUCSON, AZ 85731 Summary Of Qualifications • Over 20 years experience as an Information Systems professional. • Over 30 years experience working in the Building Industry. • Very detail oriented. • Effective management and communication skills to facilitate overall project success. • Ability to work with people as a team or independently. Professional Experience IK CONSULTING,LLC,Tucson Arizona Senior Reports Specialist August 2010 to Present • Manage, design and develop custom reports for documents, memos, letters, permits, workload, statistical/monthly counts,financial,and workflow data using Access,SSRS,Visual Studio,Report Builder and/or Crystal Reports, against several backend databases, with a specialty in Accela, Inc. products. • Serve as project manager for wide variety of projects of various sizes from small modifications to full implementations of a new department/division. Facilitate weekly meetings and coordinate all project documentation and management. • Manage conversion of data from other systems into Permits Plus and Accela Automation. • Data review and cleanup of existing systems prior to migration to ensure data integrity and usability. • Training for various Reporting Tools and Database Schema. CITY OF TUCSON,TUCSON,Arizona Customer Service Clerk May 1980 to January 1985 Clerical Supervisor January 1985 to August 1987 Systems Administrator August 1987 to December 2010 • Responsible for migration from a 3rd party system using Hewlett Packard to Permits DOS and then from Permits DOS to Permits Plus. • Responsible for the Development Services Department Permits Plus record types, documents, and necessary programming for new processes as well as maintenance of existing process types for fee increases and/or new fee processing. • Creation of all reports and forms necessary for daily business,management of workload,and financial comparisons using MS Access, SQL Server and Accela,Inc.product tools. • Creation of custom user documentation for training purposes. Responsible for training staff on systems-both user and administration training. • Provide support for applications used within the department including the Interactive Voice Response system. • Supervised various customer service and IT systems personnel. • Assist customers with permitting needs. Page 1 of 2 53 Education And Training • BUSINESS ADMINISTRATION/MIS, University of Arizona MAY 1988 Bachelor's degree • NOVELL ADMINISTRATION 4X, University of Arizona MARCH 1996 Obtained CNA Certification for Novell 4X in January 1997 • SYSTEM ADMINISTRATION FOR MS SQL SERVER 7.0, DRA Software Training DECEMBER 2000 Successfully passed class examination • SSRS REPORTING, Clear Canyon Technologies, Inc. MARCH 2013 Successfully passed class examination Page 2 of 2 54 Exhibit 1 - Change Order Example Document Page 155 EXHIBIT 1 11: Consuffing Change Order Form Proposed Change(s)AND Reason/Justification for Change(Indicate Urgency Level) Urgency Level: ❑ High ❑ Medium ❑ Low Project Name: Requestor: Organization: Date of Request: Description of Change: Impact of Change(s): Impact on Resources: Impact on Schedule: Impact on Requirements: Impact on Cost: Assumptions/Risks: Alternatives to Proposed Change(s)(if any): SUMMARY of Total Impact of Change Resources: Schedule: Requirements: Cost: 56 Exhibit 2 - Design Document Example Page 157 CO z "t.) E COel cn a 101 _ C o 1 E 41) Cr a` o' CD 0rn O o _ �) Z a 1.1. V cn 0 >- .� a f?' Q Q. 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Click the"New"Icon In the record 17 2 portiel A pop up dlsptays.the"Record Type" Click the Record Type dropdowns The"Oroup/Type/Subtype/Category"Is 'Group" >"Type">"SubType">" displayed The screen refreshes and an 18- 3 Rampant atml6Atinnentry term Nanlays Patin the Entered By Information or User Information.Is displayed 19 4 Click on Current User to Auto Enter Contact Information or Search. Contact Information is displayed 20 6 from Contact_List .... . _.. Enter Adtlress Information or Search Address Information is displayed 21 6 f ore APR Enter Parcel Information or Search Parcel information is displayed 22 7 from APR Enter Owner Information or Search Ownerinfotmation Is displayed 23 6 fro APN Enter the Application Specific 'Application Specific Information(ASI)Is 24 g intormahon(ASO displayed Enter the Application Specific Application Specific Information Table Is 25 10 Information Tables displayed 26 11 Click the"Submit"button to Save The New Record Is created successfully 227 8 1Ff1d''tattite.' t ffi: ", t8 29' 1 NewRecord E Viewsutnmary Processworkflow j PayFee AssessFee Addlnspection Resulttnspec 70 Word Formatted Sample-Some agencies prefer a checklist in MS Word Format. Below is an example of the first page of the Word formatted test script that Santa Ana's project team will also be provided at the Testing and Training step of implementation Tester I. Testing Configuration This should be performed for all applications types to verify system configuration. Document any errors&print screen pnnts when possible. ❑ Login to Accela Automation NOTES ❑ Finding Applications 0 Click the Search button is Enter Case No.and then submit ® Click on a Case No.to select O Case Detail will appear below the Case List ❑ Other Ways Find Applications ❑ Enter Address Information 0 Enter Licensed Professional or Contact Information ❑ Checking Configuration ❑ Creating a New Case O Click the New button ❑ Select the Case by first selecting the Group from the dropdown • Next select the Type from the dropdown(Note: some cases will automatically enter the Intake form after this selection) (i Next select the Subtype from the dropdovm (Note:some cases will automatically enter the Intake form after this selection) ❑ Next select the Category from the dropdovm ❑ Fill out the appropriate sections of the Intake form. ❑ Verify the appropriate sections are displaying for the case type that you selected. • Checking App Specific Info fields(A SI) ❑ Select the App Specific Info link in My Navigation portlet or from the Menu Navigation(Go To) under the Main option ❑ Verify the correct fields are configured. ❑ , Validate the display order of the fields ❑ Validate dropdown lists for fields designated with a dropdown ❑ Verify label definitions for the fields 71 EXHIBIT C CONSULTANT'S RESPONSES TO REQUESTS FOR CLARIFICATION J1iKConsulttng P.O. Box 17661 Tucson, AZ 85731 Phone: (520) 891-5376 or (520) 891-5319 Fax: (520) 733-6282 admin@ikcpartners.com Request for Clarifications for RFP No. 24-O87A Accela Civic Application Implementation Services IK Consulting(IKC) provides the following clarification/updates, as requested, related to the above referenced RFP. 1. Per the clarification request, the City will provide project coordinators and leads from each division, to work directly with the proposer's staff for scheduling meetings and tasks. The City intends to provide both a Project Sponsor and Steering Committee members to provide high- level, attend to contract issues, and adder any items that cannot be resolved within the project team. The City prefers the proposer's Project Manger to service as the sole Project Manager for the project. Proposer's Project Manager also jointly serve as a lead business analyst. A. This is acceptable to IKC. We can also confirm that IKC Project Managers are working project managers and always serve both Project Manager and Lead Business Analyst rotes on every project. This approach allows us to maintain streamlined communication, enhance project oversight,and ensure that both strategic and analytical needs are addressed seamlessly. B. Proposed team members for this project include: Missy Kern-IK Consulting, LLC Santa Ana Project Manager-Manage project keeping it on track and ensuring Santa Project Ana requirements are achieved while ensuring best practice is Roles: followed. Lead Business Analyst-Define and implement sprint approach for implementation. Conduct analysis sessions with key staff to define gaps in the Civic Apps provided with Civic Platform and define additional jurisdiction record needs. Configuration Support-Provide assistance to configuration and scripting staff for complex configuration needs. Training-Core Team, End User and Administrator Training. Similar Chino,CA Projects Reference: Chase Jones Roles: cjonesecityofchino.org, (909)334-3393 Fort Worth,TX Go-Live 2013-Reference no longer employed by jurisdiction Huntington Beach, CA Reference:Jasmine Daley jasmine.daleyPsurfcity-hb.org, (714)375-5147 Monterey Park, CA Reference: Lisa Wang LWang_@MontereyPark.ca.gov, (626)307-1300 Paradise Valley,AZ Go-Live 2017-Reference no longer employed by jurisdiction Prescott Valley,AZ Reference: Carmela David cdavid@ prescottvalley-az.gov,928-759-3069 Reedy Creek Improvement District, FL Reference: Ella Hickey ehickey@ rcid.org,407-828-3096 Santa Rosa, CA Reference: Brian Tickner bticknersrcity.org, (707)543-4370 Washington County, MD Reference: Becky Gander rgander@ washco-md.net, (240)313-2466 Washington County, OR Reference:VJ Prasad Vijendra Prasad(awashingtoncountyor.gov, 503-846-8720 Whittier, CA Reference:Julia Sutton jsutton(@cityofwhittier.org, (562)567-9879 Yorba Linda, CA Go-Live 2015-Reference no longer employed by jurisdiction Connie Ingram-IK Consulting, LLC Santa Ana Key Project Support-Backup support for Project Manager and Lead Project Business Analyst where needed and assistance to configuration and Roles: scripting staff for complex configuration needs. Training-End User,AdHoc Reports and Administrator Training. Similar Chino, CA Project Fort Worth,TX Roles: Huntington Beach, CA Monterey Park, CA Paradise Valley,AZ Prescott Valley,AZ Reedy Creek Improvement District, FL Santa Rosa, CA Washington County, MD Washington County, OR Whittier,CA Yorba Linda, CA Reina Schmid-IK Consulting, LLC Santa Ana Business Process Analysis-GAP analysis for existing Civic Apps as well as Project jurisdiction specific processes requiring full needs analysis Roles: System Configuration-Modifications and updates for existing Civic Apps as well as full configuration for jurisdiction specific processes. Automation Scripting-JavaScript development to automate processes for jurisdictions specific needs. Similar Acosta, Inc Project Allegheny Co, PA Roles: Chino,CA Downey, CA Hermosa Beach,CA Huntington Beach, CA Jurupa Valley,CA Menifee, CA Missoula, MT Montgomery County,OH Monterey Park,CA Paradise Valley,AZ Plantation, FL Prescott Valley,AZ San Dimas, CA Santa Rosa,CA Sonoma County,CA Washington County, MD Washington County,OR West Sacramento,CA Whittier,CA Woodinville,WA Sherrie Dishroon-II(Consulting, LW Santa Ana Report Development-Development of SSRS Reports. Project Role: Similar Chino,CA Project Downey, CA Roles: Hermosa Beach,CA Huntington Beach, CA Jurupa Valley, CA Menifee, CA Missoula, MT Montgomery County, OH Monterey Park,CA Paradise Valley,AZ Plantation, FL Prescott Valley,AZ Reedy Creek, FL Sahuarita,AZ San Dimas,CA Santa Rosa,CA Sonoma County, CA Tempe,AZ Washington County, MD Washington County,OR West Sacramento, CA Whittier,CA Woodinville,WA Clint Mills—IK Consulting. LLC Santa Ana Automation Scripting—JavaScript development to automate processes for Project jurisdictions specific needs. Role: Similar Allegheny Co, PA Project Chino,CA Roles: Downey, CA Hermosa Beach, CA Huntington Beach, CA Jurupa Valley, CA Menifee, CA Paradise Valley,AZ Prescott Valley,AZ Santa Rosa, CA Washington County, MD Washington County, OR West Sacramento, CA Whittier,CA Kris Ingram—IK Consulting, LLC Santa Ana System Configuration—Modifications and updates for existing Civic Apps Project as well as full configuration for jurisdiction specific processes. Roles: Similar Hermosa Beach,CA Project Jurupa Valley, CA Roles: Menifee, CA Paradise Valley,AZ San Dimas,CA Washington County, OR Whittier,CA Woodinville,WA Yorba Linda, CA Tiffany Kern-IK Consulting. LLC Santa Ana System Configuration-Modifications and updates for existing Civic Apps Project as well as full configuration for jurisdiction specific processes. Roles: Similar Chino, CA Project Huntington Beach, CA Roles: Monterey Park,CA Paradise Valley,AZ Prescott Valley,AZ Santa Rosa, CA Washington County, MD Washington County, OR West Sacramento, CA Whittier,CA Yorba Linda, CA Amber Anderson-IK Contract Staff Santa Ana System Configuration-Modifications and updates for existing Civic Apps Project as well as full configuration for jurisdiction specific processes. Roles: Automation Scripting-JavaScript development to automate processes for jurisdictions specific needs. Similar Chino, CA Project Downey,CA Roles with Hermosa Beach, CA IKC: Huntington Beach,CA Jurupa Valley, CA Menifee,CA Monterey Park, CA Paradise Valley,AZ Plantation, FL Prescott Valley,AZ San Dimas, CA Santa Rosa,CA Sonoma County, CA Washington County, MD Washington County, OR West Sacramento, CA Whittier,CA Woodinville,WA Yorba Linda, CA Paul Rose-IK Contract Staff Santa Ana Accela GIS Configuration-Configuration of the integration between Santa Project Ana's GIS system and Civic Platform. Roles: Similar Accela Inc. * Project Chino, CA Roles Huntington Beach,CA Jurupa Valley,CA Prescott Valley,AZ Santa Rosa,CA Tempe,AZ Washington County, MD Washington County, OR West Sacramento,CA *Note: Paul has years of experience working with multiple jurisdictions as an Accela employee for both full configuration and training on the AGIS tool. Gray Quarter Specific Staff Resources have not been assigned at this time but would be one of the following: Kelly Jaramillo,Sal Guerrero,Adam Scott, Brandon Basil, Lynn Sugut Santa Ana Data Conversion-Conversion of data from existing Santa Ana Property Project Information Network system to Accela's Civic Platform system Roles: Similar Clark County, NV Project Fairfax County,VA Roles: Suffolk County, NY Huntington Beach, CA Gray Quarter Specific Staff Resources have not been assigned at this time but would be one of the following: Kelly Jaramillo,Sal Guerrero,Adam Scott, Brandon Basil, Lynn Sugut Santa Ana Integrations-iNovah Cashiering, Infor Financials, Business Tax System, Project ERP(Lawson), Laserfiche,and CSLB Integrations. Roles: Similar Anaheim,CA Project Moreno Valley,CA Roles: Eastvale,CA Santa Barbara County, CA Santa Clarita, CA 2. Per the clarification request, the City is seeking Proposers with specific experience with similar implementations as well as experience with similar sized California agencies, particularly those in Orange County. A. IKC confirms that we have the ability to access a configured environment from a similar California Accela Civic Platform implementation that has all processes available on line. B. We have requested and received permission from both Huntington Beach,CA and Chino, CA to demonstrate their processes. Huntington Beach, CA is within the Orange County area, while Chino, CA is in the San Bernardino County area. We have several other jurisdictions that have given us permission in the past to demonstrate their implementations and we could provide them if requested. Huntington Beach and Chino have department structures similar to those identified in the Santa Ana RFP, with comparable record types. Additionally, both cities maintain jurisdiction-specific record types tailored to their unique needs. 3. Per the clarification request, the City desires a more agile/iterative approach to analysis, configuration and testing as opposed to a waterfall methodology. A. Following an agile approach, IKC proposes the following updated Project Plan. This plan incorporates seven (7) sprints for the project. The Project Manager will work with staff during project kickoff to determine the most effective breakdown of processes within the sprints. These sprint starts are staggered,and will run in parallelto reduce project delays. B. IKC has created a full project plan utilizing the agile approach, see Appendix A. C. This approach is acceptable to IKC. D. Updated project plan items i. Test Scripts- IKC will develop test script checklists for each process which will include variations of all specific automations incorporated for each process and will match the overall configuration documentation. Specific use case scenarios will be incorporated, with input from staff during the analysis process,to ensure well rounded testing prior to go-live. ii. On-Site Presence -The travel budget has been updated to incorporate onsite resources for allanalysis sessions,configuration reviews,testing reviews for each sprint and test documentation. See the included Santa Ana - Price Sheet_IKC_Revised spreadsheet for updated travel budget. iii. Multi-Phased Approach-IKC will ensure that the project is carefully structured to align with the two specific phases as requested by the City, allowing for a clear and organized progression at each phase. • Phase 1 detailed project plan is attached as Appendix A. • Phase 2 recommendations can be found on the Santa Ana - Price Sheet_IKC_Revised spreadsheet. iv. IKC confirms that we can provide all identified project plan changes including: Test Scripts,Additional Onsite Presence,Phase 1 initial go-live requirements and Phase 2 post go-live requirements as part of any awarded contract. IK Consulting staff brings over 25 years of experience in implementing and managing Accela systems across various jurisdictions. Implementation services include: project management, business process analysis, system development, migration,training,report writing,and administration of land development, asset management and licensing software. Since our founding, IK Consulting, LLC has supported around 50 jurisdictions on legacy products.Since 2010,we have successfully migrated or implemented the Accela Civic Platform in numerous jurisdictions.Additionally,we have partnered with Accela, Inc.to provide augmentation services and have directly contracted with nearly 200 jurisdictions to deliver comprehensive support, including reporting,configuration,scripting, and training. The detailed project plan for Phase 1 is attached as Appendix A and the revised cost proposal is also includes as the Santa Ana — Price Sheet_IKC_Revised spreadsheet. 4. Per the clarification request, the City requests the Proposer to describe their training plan to ensure the City is prepared to operation the system prior to go-live. A. IKC offers several training classes for Administrators, Report Writers and End Users. For the implementation of Civic Platform,we recommend all of the following training classes to help the jurisdiction teams develop the necessary knowledge,skills and competencies to utilize and manage the Civic Platform. Learning objectives and target staff for each class below can be found in the attached Appendix B. ADMINISTRATOR TRAINING Class Duration Max.Class Size Core Team 2 Days 12 Civic Platform Administrator 3 Days 12 Civic Platform User Experience 2 Days 12 EMSE Basics 1 Day 6 Citizen Access Administrator 1 Day 12 AGISAdmin 1/2Day 12 REPORT WRITTER TRAINING Class Duration Max Class Size Report Training Workshop 4 Days 6 END USER TRAINING Class Duration Max Class Size Core Team Training 2Days 12 End User Training(10 classes) 1.5 Days 15 B. Accela Free Courses to consider Accela offers several free online courses for both End Users and Administrators. For this initial implementation we believe the most effective training options will be via the training schedule above which is focused on your jurisdiction's specific configuration. Post go-live these free Accela courses will be a great tool for bringing new staff up to speed. Key courses that IKC would recommend for new System Administrators are: Oxygen User Interface End-user Training Civic Platform Basics Civic Platform:Working with Records The Oxygen User Interface,An Admins Perspective Accela New Release Training Key courses that IKC would recommend for new End Users are: Oxygen User Interface End-user Training Civic Platform Basics Civic Platform:Working with Records C. Accela U Paid Courses to consider Accela provides a wide range of highly effective paid courses via Accela U, many of which are also available through IKC. We recommend considering the following two courses: Ad Hoc Reports — Ideal for both End Users and Administrators, this course empowers participants to create reports quickly and efficiently without needing SQL query experience. Accela Insights Administration — Designed for Administrators, this course offers an in- depth understanding of the configuration and management of the Accela Insights reporting tool. IKC again appreciates the opportunity to be considered for Santa Ana's Request for Proposal. If we can be of any further assistance, or if you have any additional questions, please do not hesitate to reach out. Sincerely, Melis Kern Managing Partner IK Consulting, LLC Appendix A ID I !Task Name On Site 1 Duration Start Finish ! 1 1 Santa Ana Implementation 417 days Mon 09/30/24 Fri 05/01/26 2 Project Initialization 25 days Mon 09/30/24 Fri 11/01/24 3 Core Team Definition&Schedule 10 days Mon 09/30/24 Fri 10/11/24 4 ;n Kick Off Presentation Yes 1 day Mon 10/14/24 Mon 10/14/24; 5 Provision Environment/Activate Modules 10 days Mon 10/21/24 Fri 11/01/24 1 6 ; To-Be Analysis 116 days Thu 10/17/24 Thu 03/27/25 7 a n Analysis Layout Yes 2 days Thu 10/17/24 Fri 10/18/24 8 IMI Analysis Session-Sprint 1 Yes 4 days Mon 11/04/24 Thu 11/07/24! 9 j*q�' Analysis Session-Sprint 2 Yes 4 days Mon 12/02/24 Thu 12/05/24 10 in Analysis Session-Sprint 3 Yes 4 days Mon 12/16/24 Thu 12/19/24 11 i g Analysis Session-Sprint 4 Yes 4 days Mon 01/06/25 Thu 01/09/25 12 n Analysis Session-Sprint 5 Yes 4 days Mon 01/27/25 Thu 01/30/25 13 --;ni Analysis Session-Sprint 6 Yes 4 days Mon 02/24/25 Thu 02/27/25 14 Ii p; Analysis Session-Sprint 7 Yes 4 days Mon 03/24/25 Thu 03/27/25 15 Configuration/GAP Documention 121 days Fri 11/08/24 Fri 04/25/25, 16 Finalization-Sprint 1 16 days Fri 11/08/24 Fri 11/29/24 Acceptance-Sprint 1 (25 Processes) 5 days Mon 12/02/24 Fri 12/06/24; 18 n Finalization-Sprint 2 16 days Fri 12/06/24 Fri 12/27/24 19 I n Acceptance-Sprint 2(25 Processes) 5 days Mon 12/30/24 Fri 01/03/25 20 n� Finalization-Sprint 3 16 days Fri 12/20/24 Fri 01/10/25 21 — n Acceptance-Sprint 3(25 Processes) 5 days Mon 01/13/25 Fri 01/17/25 22 1 Finalization-Sprint 4 16 days Fri 01/10/25 Fri 01/31/25; 23 Acceptance-Sprint 4(25 Processes) 5 days Mon 02/03/25 Fri 02/07/25 24 ER Finalization-Sprint 5 16 days Fri 01/31/25 Fri 02/21/25 25 1 LE Acceptance-Sprint 5(25 Processes) 5 days Mon 02/24/25 Fri 02/28/25 26 :0 Finalization-Sprint 6 16 days Fri 02/28/25 Fri 03/21/25 27 ri Acceptance-Sprint 6(25 Processes) 5 days Mon 03/24/25 Fri 03/28/25 28—; nn Finalization-Sprint 7 16 days Fri 03/28/25 Fri 04/18/25, 29 Acceptance-Sprint 7(25 Processes) 5 days Mon 04/21/25 Fri 04/25/25 30 Civic Application Updates!New Record Build 125 days Mon 12/09/24 Fri 05/30/25 31 Sprint 1 25 days Mon 12/09/24 Fri 01/10/25 32 n Record Updates/Development 15 days Mon 12/09/24 Fri 12/27/24 33 Configuration Testing Yes 4 days Mon 12/30/24 Thu 01/02/25 34 Acceptance 6 days Fri 01/03/25 Fri 01/10/25 35 Sprint 2 25 days Mon 01/06/25 Fri 02/07/25 36 til Record Updates/Development 15 days Mon 01/06/25 Fri 01/24/25 37 ! Configuration Testing Yes 4 days Mon 01/27/25 Thu 01/30/25 38 Acceptance 6 days Fri 01/31/25 Fri 02/07/25' 39 Sprint 3 25 days Mon 01/20/25 Fri 02/21/25 40 r, Record Updates/Development 15 days Mon 01/20/25 Fri 02/07/25 41 Configuration Testing Yes 4 days Mon 02/10/25 Thu 02/13/25 42 Acceptance 6 days Fri 02/14/25 Fri 02/21/25 Task External Tasks 1 Split External Milestone f> Project Project2 Milestone ♦ Inactive Task Date:Sun 08/18/24 Summary Progress IIIIIIIIM Project Summary — 1 Deadline Page 1 ID I Task Name On Site I Duration IStart Finish I ; i 43 I Sprint 4 25 days Mon 02/10/25 Fri 03/14/25 j 44 I In Record Updates/Development 15 days Mon 02/10/25 Fri 02/28/25 45 I Configuration Testing Yes 4 days Mon 03/03/25 Thu 03/06/25 46 I Acceptance 6 days Fri 03/07/25 Fri 03/14/25 47 I Sprint 5 25 days Mon 03/03/25 Fri 04/04/25 48 I p, Record Updates/Development 15 days Mon 03/03/25 Fri 03/21/25 49 i Configuration Testing Yes 4 days Mon 03/24/25 Thu 03/27/25 50 1 Acceptance 6 days Fri 03/28/25 Fri 04/04/25 51 Sprint 6 25 days Mon 03/31/25 Fri 05/02/25 52 ER Record Updates/Development 15 days Mon 03/31/25 Fri 04/18/25 53 II Configuration Testing Yes 4 days Mon 04/21/25 Thu 04/24/25 i 54 1 Acceptance 6 days Fri 04/25/25 Fri 05/02/25! 55 I Sprint 7 24 days Mon 04/28/25 Thu 05/29/25 56 Cr. Record Updates/Development 15 days Mon 04/28/25 Fri 05/16/25; 57 I Configuration Testing Yes 4 days Mon 05/19/25 Thu 05/22/25 58 I Acceptance 5 days Fri 05/23/25 Thu 05/29/25 59 ICI Configuration Acceptance 1 day Fri 05/30/25 Fri 05/30/25 60 I Build/Conversions!Interfaces 255 days Mon 12/02/24 Fri 11/21/25 61 I ---- 114 APO Data Conversion!XAPO 60 days Mon 12/09/24 Fri 02/28/25 62 I Development 50 days Mon 12/16/24 Fri 02/21/25 63 I® Analysis 20 days Mon 12/16/24 Fri 01/10/25 64 1 Conversion/Configuration 20 days Mon 01/13/25 Fri 02/07/25; 65 I Conversion Testing 10 days Mon 02/10/25 Fri 02/21/25 66 ;n Conversion Acceptance 5 days Mon 02/24/25 Fri 02/28/25{ 67 Licensed Professional Conversion/CSLB 55 days Mon 12/09/24 Fri 02/21/25 68 ! Development 50 days Mon 12/09/24 Fri 02/14/25 69 I•:: Analysis 20 days Mon 12/09/24 Fri 01/03/25 70 1,.� Conversion/Integration 20 days Mon 01/06/25 Fri 01/31/25 71 I Conversion Testing 10 days Mon 02/03/25 Fri 02/14/25 i 72 1® Conversion Acceptance 5 days Mon 02/17/25 Fri 02/21/25 73 I t, Legacy Data Conversion 85 days Mon 06/02/25 Fri 09/26/25 74-I®, Data Mapping 30 days Mon 06/02/25 Fri 07/11/25 1 75 ; First Pass 20 days Mon 07/14/25 Fri 08/08/25 76 103 Mapping Review/Script Modification 5 days Mon 07/14/25 Fri 07/18/25 I 77 Conversion Testing 15 days Mon 07/21/25 Fri 08/08/25 78 I Second Pass(as needed) 15 days Mon 08/11/25 Fri 08/29/25 79 Ha Mapping Review/Script Modification 5 days Mon 08/11/25 Fri 08/15/25; 80 I Conversion Testing 10 days Mon 08/18/25 Fri 08/29/25 81 { Third Pass(as needed) 15 days Mon 09/01/25 Fri 09/19/25 82 I• Mapping Review!Script Modification 5 days Mon 09/01/25 Fri 09/05/25 i 83 -I-.1-- Conversion Testing 10 days Mon 09/08/25 Fri 09/19/25, 84 I la..., Conversion Acceptance 5 days Mon 09/22/25 Fri 09/26/25 Task External Tasks Split External Milestone Project Project2 Milestone ♦ Inactive Task Date:Sun 08/18/24 Summary IIPMIIMIIM. Progress III Project Summary --- '1;) Deadline Page 2 ID i 1 Task Name ! On Site I Duration I Start Finish 85 10 EMSE 85 days Mon 03/31/25 Fri 07/25/25 86 1® Analysis 25 days Mon 03/31/25 Fri 05/02/25 II, 87 117I Development 45 days Mon 05/05/25 Fri 07/04/25 --88—Irig Acceptance 15 days Mon 07/07/25 Fri 07/25/25 89 I r' Report Development 130 days Mon 02/03/25 Fri 08/01/25 90 1E1 Analysis 40 days Mon 02/03/25 Fri 03/28/25 91 Development 75 days Mon 03/31/25 Fri 07/11/25 92 Acceptance 15 days Mon 07/14/25 Fri 08/01/25 93 GIS Configuration 40 days Mon 12/02/24 Fri 01/24/25 94 qi Configuration 30 days Mon 12/02/24 Fri 01/10/25 95 ® Acceptance 10 days Mon 01/13/25 Fri 01/24/25 i _ 96 Citizen Access Development 125 days Mon 06/02/25 Fri 11/21/25 97 ® Configuration 115 days Mon 06/02/25 Fri 11/07/25 98 Acceptance 10 days Mon 11/10/25 Fri 11/21/25 99 Interface Development 150 days Mon 02/03/25 Fri 08/29/25 100 1 E1 Analysis 40 days Mon 02/03/25 Fri 03/28/25 101 in Configuration/Script Development 90 days Mon 03/31/25 Fri 08/01/25 102 i 7 Acceptance 20 days Mon 08/04/25 Fri 08/29/25 103 1 Readiness 390 days Tue 10/15/24 Thu 04/09/26 104 110 Training 390 days Tue 10/15/24 Thu 04/09/26 105 iEnd User Training 354 days Tue 10/15/24 Fri 02/20/26 106 1® Core Team Training-2 Day Yes 2 days Tue 10/15/24 Wed 10/16/24 107 1 E1 Daily User Training-1.5 Days(10 Classes) Yes 15 days Mon 02/02/26 Fri 02/20/26 108 I Admin Training 316 days Mon 01/27/25 Thu 04/09/26 109 in Administrator Training-3 Days Yes 3 days Mon 06/16/25 Wed 06/18/25 110 'in EMSE Training-1 Day Yes 1 day Thu 04/09/26 Thu 04/09/26 111i7il Reports Workshop-4 Days Yes 4 days Mon 05/12/25 Thu 05/15/25 112 ;rn GIS Administration Training-1/2 Day TBD 1 day Mon 01/27/25 Mon 01/27/25 113 1 rac ACA Administration Training-1 Day Yes 1 day Wed 04/08/26 Wed 04/08/26 114 I yr User Experience Administration Training-2 Days Yes 2 days Mon 04/06/26 Tue 04/07/26 115 10 User Acceptance Testing 129 days Mon 09/08/25 Thu 03/05/26 116 1•ti User Acceptance Test Plan 15 days Mon 09/08/25 Fri 09/26/25 117yr User Acceptance Testing-Sprint 1 Yes 4 days Mon 09/29/25 Thu 10/02/25 118�q User Acceptance Testing-Sprint 2 Yes 4 days Mon 10/20/25 Thu 10/23/25 119 User Acceptance Testing Sp rint 3 Yes 4 day s Mon 11/10/25 Thu 11/13/25 120 ® User Acceptance Testing-Sprint 4 Yes 4 days Mon 12/01/25 Thu 12/04/25 121 Ivy User Acceptance Testing-Sprint 5 Yes 4 days Mon 12/15/25 Thu 12/18/25 122 I®; User Acceptance Testing-Sprint 6 Yes 4 days Mon 01/05/26 Thu 01/08/26 123 in User Acceptance Testing-Sprint 7 Yes 4 days Mon 01/26/26 Thu 01/29/26'. 124 I rn Off-Site SupporUUAT 110 days Fri 10/03/25 Thu 03/05/26 125 I % Go Live 47 days Mon 02/23/26 Fri 04/24/26 126 El Configuration Push to PROD 5 days Mon 02/23/26 Fri 02/27/26' Task External Tasks ' Split External Milestone °'> Project:Project2 Milestone ♦ Inactive Task Date:Sun 08/18/24 Summary gp .1 Progress 111111. r7 t V Project Summary � ) Deadline Page 3 ID I !Task Name On Site ! Duration i Start Finish 127 El Final Conversion of Legacy Data 2 days Sat 03/21/26 Sun 03/22/26 128 On-Site Support Yes 5 days Mon 03/23/26 Fri 03/27/26 129 i M Off-Site Support 20 days Mon 03/30/26 Fri 04/24/26 130 1 Customer Resource Handover 5 days Mon 04/27/26 Fri 05/01/26 131 I M Final Acceptance 4 days Mon 04/27/26 Thu 04/30/26 132 1 Project Close-Start Ongoing Maintenance 1 day Fri 05/01/26 Fri 05/01/26 Task External Tasks Split External Milestone -, Project:Project2 Milestone , Inactive Task Date:Sun 08/18/24 Summary Progress Project Summary sl Deadline V Page 4 N Illb�O = = O N .0 -0 re n 'i 2 O 3 L H w c m c C ba z Cl)O N V) p 'Lb E m a o 5 w c m ° y .� E 'c in L a tee a! 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LE 4 al c4 V O. - -`—.._.._.___ .4- ch 2 2 fD Q QJ O U z Q1 44. ry J Li -C r0 0 aJ ai U u U a _ ro 'O = f0 CO 0_ C L LL1 o Y 0 O ce VI O W O ri In 0 U ct CU I v bA C co O d L ++ y a VI a m co U bA C C 0 U Y � _ u C Z L aJ N O a 0 a EXHIBIT E FEDERAL CONTRACT PROVISIONS EXHIBIT III APPENDIX E FEDERAL REGULATIONS a. Federal Regulations—Recipient must comply with the government cost principles, uniform administrative requirements and audit requirements for federal grant program housed within Title 2, Part 200 of the Code of Federal Regulations. b. Debarment and Suspension —As required by Executive Orders 12549 and 12689, and 2 CFR §200.212 and codified in 2 CFR Part 200, Recipient must provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. c. Audit Records - With respect to all matters covered by this agreement all records shall be made available for audit and inspection by CITY, the grant agency and/or their duly authorized representatives for a period of three (3) years from the date of submission of the final expenditure report by the City of Santa Ana. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Recipient shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Recipient shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Recipient, upon request during usual working hours. d. Reports - Recipient shall provide to City all records and information requested by City for inclusion in quarterly reports and such other reports or records as City may be required to provide to the agency from which City received grant funds or other persons or agencies. e. Section 504 of the Rehabilitation Act of 1973 (Handicapped) - All recipients of federal funds must comply with Section 504 of the Rehabilitation Act of 1973(The Act).Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the participation in, be denied the benefits of or be subject to discrimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The Recipient agrees it will ensure that requirements of The Act shall be included in the agreements with and be binding on all of its contractors, subcontractors, assignees or successors. f. Americans with Disabilities Act of 1990 - (ADA) Recipient must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. g. Political Activity - None of the funds, materials, property, or services provided directly or indirectly under this agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act". h. No Lobbying - Recipient will comply with all applicable lobbying prohibitions and laws, including those found in the Byrd Anti-Lobbying Amendment(31 U.S.C. 1352, et seq.), and agrees that none of the funds provided under this award may be expended by the Recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of City of Santa Ana Purchasing Division Page 154 City of Santa Ana,CA RFP 24-087A Accela Civic Implementation Services Congress in connection with any federal action concerning the award or renewal of any federal contract, grant, loan, or cooperative agreement. Non-Discrimination and Equal Opportunity - Recipient will comply, and all its contractors(or subrecipients)will comply,with Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975, as amended; Drug Abuse Office and Treatment Act of 1972, as amended; Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended; Section 523 and 527 of the Public Health Service Act of 1912, as amended; Title VIII of the Civil Rights Act of 1968, as amended; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a Federal or State court, Federal or State administrative agency, or the Recipient makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the Recipient will forward a copy of the findings to CITY which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. If applicable, recipient will comply with the equal opportunity clause in 41 C.F.R.60-1.4(b)in accordance with Executive Order 11246 as amended by Executive Order No. 11375. j. Equal Employment Opportunity - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60), as applicable. k. Public Contracts Code - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the California Public Contract Code Section 10295.3, as applicable. Copeland Anti-Kickback Act- Recipient will comply, and all its contractors and subcontractors (or subrecipients) shall comply, with all requirements of the Copeland "Anti-Kickback" Act (30 U.S.C. 3145) as supplemented in Department of Labor regulations (29 CFR Part 3), as applicable. (1) Contractor — Contractors shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts — Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. City of Santa Ana Purchasing Division Page 155 City of Santa Ana,CA RFP 24-087A Accela Civic Implementation Services (3) Breach—A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. m. Davis-Bacon Act - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Davis-Bacon Act (40 U.S.C. 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. Contractors are required to pay wages to laborers and mechanics at a rate no less than the prevailing wages specified in a wage determination made by the Secretary of Labor. Additionally, contractors are required to pay wages not less than once a week. n. Work Hours and Safety - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3702 and 3704) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. o. Clean Air Act - Recipient will comply, and all its contractors (or subrecipients) will comply, with all applicable standards, orders or requirements issued under the Clean Air Act (42 U.S.C. 7401-7671q), and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as applicable. p. Energy and Conservation - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Energy Policy and Conservation Act (42 U.S.C. 6201), as applicable. q. Waste Disposal - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as applicable. r. Patent Rights - Recipient agrees that the Department of Homeland Security shall have the authority to seek patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement based on the requirements of 37 CFR§ 401 and any other implementing regulations, as applicable. s. Copyright - Recipient may copyright any books, publications or other copyrightable materials developed in the course of or under this Agreement. However, the federal awarding agency, State Administrative Agency (SAA) and City reserve a royalty-free, non-exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government, SAA and/or City purpose: (1) the copyright in any work developed through this Agreement; and City of Santa Ana Purchasing Division Page 156 City of Santa Ana,CA RFP 24-087A Accela Civic Implementation Services (2) any rights of copyright to which the subcontractor purchases ownership with support through this grant. The Federal government's, SAA's and City's rights identified above must be conveyed to the publisher and the language of the publisher's release form must ensure the preservation of these rights. t. Telecommunications (2 CFR 200.216) - Recipient will comply with FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds on Covered Telecommunication Equipment or Services (Interim), which prohibits grant recipients and subrecipients from obligating or expending loan or grant funds to procure or obtain, extend or renew a contract to procure or obtain, or to enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is: (1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (2) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company(or any subsidiary or affiliate of such entities). (3) Telecommunications or video surveillance services provided by such entities or using such equipment. (4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. u. Domestic preferences for procurements (2 CFR 200.322) - Recipient agrees that as appropriate and to the extent consistent with law, it will, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). This requirement must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this provision: "produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; and "manufactured products" means items and construction materials City of Santa Ana Purchasing Division Page 157 City of Santa Ana,CA RFP 24-087A Accela Civic Implementation Services composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. v. Equal Employment in Construction Contracts - Pursuant to Equal Employment Opportunity requirements of 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375, as to any construction contract thereunder, if applicable, during the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or City of Santa Aria Purchasing Division Page j 58 City of Santa Ana,CA RFP 24-087A Accela Civic Implementation Services understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. City of Santa Ana Purchasing Division Page 159 City of Santa Ana,CA RFP 24-087A Accela Civic Implementation Services EXHIBIT III-B FEDERAL CONTRACT PROVISIONS During the performance of this Agreement, Consultant shall comply with all applicable federal laws and regulations including,but not limited to,the federal contract provisions in this Exhibit C. 1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 — CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327) (a) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. The Contract Documents include remedies for breach and termination for cause and convenience. (b) Appendix II to Part 200 (C)—Equal Employment Opportunity: If this Agreement meets the definition of a "federal assisted construction contract" in 41 CFR § 60-1.3, Consultant agrees as follows during the performance of this Agreement: (i) The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin.The Consultant will take affirmative action to ensure that applicants are employed,and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment,upgrading,demotion,or transfer;recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The 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. (ii) The Consultant will, 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, sexual orientation, gender identity, or national origin. (iii) The Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Consultant's legal duty to furnish information. (iv) The Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section,and shall post copies of the notice in conspicuous places available to employees and applicants for employment. Page I60 City of Santa Ana,CA RFP 24-087A Accela Civic Implementation Services (v) The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965,and of the rules,regulations, and relevant orders of the Secretary of Labor. (vi) The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books,records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (vii) In the event of the Consultant's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules,regulations,or orders,this Agreement 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 Executive Order 11246 of September 24, 1965,and such other sanctions may be imposed and remedies invoiced as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (viii) The Consultant will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Consultant may request the United States to enter into such litigation to protect the interests of the United States. The City further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the City so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Agreement. The City agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of the Consultant and subcontractors with the equal opportunity clause and the rules,regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The City further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965,with a contractor debarred from,or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for Page j61 City of Santa Ana,CA RFP 24-087A Accela Civic Implementation Services violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the City agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this project; refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. (c) Appendix II to Part 200 (D)—Davis-Bacon Act: Not applicable to this Agreement since it is funded by CSLFRF. (d) Appendix II to Part 200 (D) — Copeland "Antti-Kickback" Act: Not applicable to this Agreement since it is funded by CSLFRF. (e) Appendix II to Part 200 (E)—Contract Work Hours and Safety Standards Act: (i) Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (ii) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the Consultant and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition,such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory,to such District or to such territory),for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph(ii) of this section. (iii) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or subcontractor under any such contract or any other Federal contract with the Consultant, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the Consultant, such sums as may be determined to be necessary to satisfy any liabilities of Consultant or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section. (iv) Subcontracts. The Consultant or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.The Consultant Page I62 City of Santa Ana,CA RFP 24-087A Accela Civic Implementation Services shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii)through (v)of this Section. (f) Appendix II to Part 200 (F) — Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of"funding agreement" under 37 CFR § 401.2 (a)and the Consultant wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the Consultant must comply with the requirements of 37 CFR Part 401,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency.. (g) Appendix II to Part 200 (G)—Clean Air Act and Federal Water Pollution Control Act: (i) Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding$150,000. (ii) Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding$150,000. (h) Appendix II to Part 200 (H)—Debarment and Suspension: (i) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of the Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (ii) Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (iii) This certification is a material representation of fact relied upon by City. If it is later determined that Consultant did not comply with 2 C.F.R.pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) Consultant warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Consultant also agrees to verify that all subcontractors performing work under this Agreement are not debarred,disqualified, or otherwise prohibited from participation in accordance with the requirements above. Consultant Page I63 City of Santa Ana,CA RFP 24.087A Accela Civic Implementation Services further agrees to notify the City in writing immediately if Consultant or its subcontractors are not in compliance during the term of this Agreement. (i) Appendix II to Part 200 (I) —Byrd Anti-Lobbying Act: Contractors that apply or bid for an award exceeding$100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. Q) Appendix II to Part 200 (J)— 200.323 Procurement of Recovered Materials: (i) Consultant shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA)at 40 C.F.R.part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded$10,000;procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement. (ii) In the performance of this Agreement,the Consultant shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule; meeting contract performance requirements; or at a reasonable price. (iii) Information about this requirement, along with the list of EPA-designate items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideI ine-cpg-program. (iv) The Consultant also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act." (k) Appendix II to Part 200 (K) — 200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment: (i) Consultant shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Agreement. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes,video surveillance and telecommunications equipment produced by Hytera Communications Corporation,Hangzhou Flikvision Digital Technology Company,or Dahua Technology Company (or any subsidiary or affiliate of such entities). Page I64 City of Santa Ana,CA RFP 24-087A Accela Civic Implementation Services (2) Telecommunications or video surveillance services provided by such entities or using such equipment. (3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (ii) See Public Law 115-232, section 889 for additional information. (I) Appendix II to Part 200 (L)— §200.322 Domestic Preferences for Procurement: (i) Consultant shall,to the greatest extent practicable,purchase, acquire,or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel,cement,and other manufactured products).The requirements of this section must be included in all subcontracts. (ii) For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of nonferrous metals such as aluminum;plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 2. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN'S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. §200.321) (a) Consultant shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award. (b) Affirmative steps shall include: (i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii) Dividing total requirements, when economically feasible,into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises; (iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and Page I65 City of Santa Ana,CA RFP 24-087A Accela Civic Implementation Services (v) Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency(MBDA) of the Department of Commerce. (c) Consultant shall submit evidence of compliance with the foregoing affirmative steps when requested by the City. 3. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS LOCAL FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS (a) Maintenance of and Access to Records. Consultant shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury's regulations implementing that section, and guidance issued by Treasury regarding the foregoing. Consultant agrees to provide the City, Treasury Office of Inspector General and the Government Accountability Office, or any of their authorized representatives access to any books, documents, papers, and records (electronic an otherwise) of the Consultant which are directly pertinent to this Agreement for the purposes of conducting audits or other investigations. Records shall be maintained by Consultant for a period of five(5)years after completion of the Project. (b) Compliance with Federal Regulations. Consultant agrees to comply with the requirements of section 603 of the Act,regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. Consultant also agrees to comply with all other applicable federal statutes, regulations, and executive orders, including, without limitation,the following: (i) Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25,pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. (ii) Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170,pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. (iii) OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. (iv) Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R.Part 200,Appendix XII to Part 200 is hereby incorporated by reference. (v) Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20. (vi) New Restrictions on Lobbying, 31 C.F.R. Part 21. (vii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655)and implementing regulations. Page I66 City of Santa Ana,CA RFP 24-087A Accela Civic Implementation Services (c) Compliance with Federal Statutes and Regulations Prohibiting Discrimination. Consultant agrees to comply with statutes and regulations prohibiting discrimination applicable to the CSLFRF program including, without limitation,the following: (i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance. (ii) The Fair Housing Act,Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability. (iii) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance. (iv) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.),and Treasury's implementing regulations at 31 C.F.R.Part 23,which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance. (v) Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.),which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. (d) False Statements. Consultant understands that making false statements or claims in connection with the CSLFRF program is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law. (e) Protections for Whistleblowers. (i) In accordance with 41 U.S.C. § 4712, Consultant may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant,a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety,or a violation of law,rule, or regulation related to a federal contract(including the competition for or negotiation of a contract) or grant. (ii) The list of persons and entities referenced in the paragraph above includes the following: (1) A member of Congress or a representative of a committee of Congress; (2) An Inspector General; (3) The Government Accountability Office; page 67 City of Santa Ana,CA RFP 24-087A Accela Civic Implementation Services (4) A Treasury employee responsible for contract or grant oversight or management; (5) An authorized official of the Department of Justice or other law enforcement agency; (6) A court or grand jury; or (7) A management official or other employee of Consultant, or a subcontractor who has the responsibility to investigate, discover, or address misconduct. (f) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Consultant is encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles,and encourage its subcontractors to do the same (g) Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Consultant should encourage its employees and subcontractors to adopt and enforce policies that ban text messaging while driving, and Consultant should establish workplace safety policies to decrease accidents caused by distracted drivers. (h) Assurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to the Project, including, but not limited to, the following: (i) Consultant ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended,which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance documents. (ii) Consultant acknowledges that Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency (LEP)," seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, are limited in their English proficiency. Consultant understands that the denial of access to persons to its programs, services and activities because of their limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964. Accordingly, Consultant shall initiate reasonable steps, or comply with Treasury's directives, to ensure meaningful access to its programs, services and activities to LEP persons. Consultant understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary to ensure effective communication in the Project. (iii) Consultant agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities. As a resource,the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on LEP,please visit http://www.lep.gov. Page I68 City of Santa Ana,CA RFP 24-087A Accela Civic Implementation Services (iv) Consultant acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon Consultant and Consultant's successors, transferees and assignees for the period in which such assistance is provided. (v) Consultant agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Consultant and the Consultant's subcontractors, successors, transferees and assignees: The subcontractor, successor, transferee and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also extends protection to persons with "Limited English proficiency" in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). (vi) Consultant understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Consultant, or in the case of a subsequent transfer, the transferee,for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Consultant for the period during which it retains ownership or possession of the property. (vii) Consultant shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations.Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. Consultant shall comply with information requests, on-site compliance reviews, and reporting requirements. (viii) Consultant shall maintain a complaint log and inform the Department of the Treasury of any accusations of discrimination on the grounds of race,color, or national origin,and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint,pending or completed, including outcome. Consultant must also inform the Department of the Treasury if Consultant has received no complaints under Title VI. (ix) Consultant must provide documentation of an administrative agency's or court's findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other agreements between the Consultant and the administrative agency that made the finding. If the Consultant settles a case or matter alleging such discrimination, Consultant must provide documentation of the settlement. If Consultant has not been the subject of any court or administrative agency finding of discrimination, please so state. Page 169 City of Santa Ana,CA RFP 24-087A Accela Civic Implementation Services (x) If Consultant makes sub-awards to other agencies or other entities, Consultant is responsible for assuring that sub-recipients also comply with Title VI and all of the applicable authorities covered in this assurance. Page 170 ncoRn CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) FO8/23/2024 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 John Boughton NAME,San Tan Insurance PHONE .480-391-3883 F4X .480-391-9484 625 N Gilbert Rd.,Suite 107 E-MAIL JFBoughton@santaninsurance.net • Rceve NAIC# Gilbert AZ 85234 INSURFR.4 H ford asu t Insura ce Co INSURED INSUSLER B.Date: IK Consulting,LLC INSURER C: P.O. Box 17661 INSURER D: Tucson AZ 85730 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 CONTRACTOR 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 LTR POLICY NUMBER LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $2,000,000 MIS A CLAIMS-MADE �OCCUR DAMAGE. RENTED $300 000 X 59SBAZM4677 12/08/2023 12/08/2024 MED EXP(Any oneperson) $ 10,000 PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 JECT X POLICY PRO LOC PRODUCTS-COMP/OP AGG $4,000F ,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $2,000,000 • ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED 59SBAZM4677 12/08/2023 12/08/2024 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION $ WORKERS COMPENSATION X I STATUTE PER OTH- AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ 1,000,000 A OFFICER/MEMBER EXCLUDED? NIA 59WECGC6729 01/08/2024 01/08/2025 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 $1,000,000 each Glitch Limit A Errors 8r Omissions Liability 59SBAZM4677 12/08/2023 12/08/2024 $2,000,000 Aggregate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The certificate holder is automatically included as an additional insured on the general liability insurance(primary and non contributory basis) when required by written contract. All forms when required by written contract are subject to policy forms and conditions. CERTIFICATE HOLDER CANCELLATION City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF NnTIrF wII I RF nFI IVFRFr1 IN Risk Management Division ACCORDANCE WITH THE POLICY PRO\ 20 Civic Center Plaza a�.°R e RiakMwwgmwntDitigsinrt Santa Ana,CA 92702 AUTHORIZED REPRESENTATIVE off' REVIEWED&APPROVED BY: 5). ® Risk Management Specialist ©1988-2015 ACORD ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 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 policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us"and "our" refer to the stock insurance company member of The Hartford providing this insurance. 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 G. - Liability And Medical Expenses Definitions. A. COVERAGES (a) The "bodily injury" or "property 1. BUSINESS LIABILITY COVERAGE (BODILY damage" is caused by an INJURY, PROPERTY DAMAGE, PERSONAL "occurrence" that takes place in the AND ADVERTISING INJURY) coverage territory ; Insuring Agreement (b) The "bodily injury" or "property damage" occurs during the policy a. We will pay those sums that the insured period; and becomes legally obligated to pay as (c) Prior to the policy period, no insured damages because of "bodily injury", listed under Paragraph 1. of Section "property damage" or "personal and C. — Who Is An Insured and no advertising injury" to which this insurance "employee"authorized by you to give applies. We will have the right and duty to or receive notice of an "occurrence" defend the insured against any "suit" or claim, knew that the "bodily injury" seeking those damages. However, we will or "property damage" had occurred, have no duty to defend the insured against in whole or in part. If such a listed any "suit" seeking damages for "bodily insured or authorized "employee" injury", "property damage" or "personal and knew, prior to the policy period, that advertising injury" to which this insurance the "bodily injury" or "property does not apply. damage" occurred, then any We may, at our discretion, investigate any continuation, change or resumption "occurrence" or offense and settle any claim of such "bodily injury" or "property or"suit"that may result. But: damage" during or after the policy (1) The amount we will pay for damages is period will be deemed to have been limited as described in Section D. - known prior to the policy period. Liability And Medical Expenses Limits (2) To "personal and advertising injury" Of Insurance; and caused by an offense arising out of your (2) Our right and duty to defend ends when business, but only if the offense was we have used up the applicable limit of committed in the "coverage territory" insurance in the payment of judgments, during the policy period. settlements or medical expenses to which c. "Bodily injury" or "property damage" will be this insurance applies. deemed to have been known to have No other obligation or liability to pay sums or occurred at the earliest time when any perform acts or services is covered unless insured listed under Paragraph 1. of Section explicitly provided for under Coverage C. — Who Is An Insured or any "employee" Extension-Supplementary Payments. authorized by you to give or receive notice b. This insurance applies: of an "occurrence" or claim: (1) Reports all nr nnv nnrf of tho "hnrlily (1) To "bodily injury" and "property , damage" only if: injury i°". ce or Risk M�gmadDivisian any other ii 3 REVIEWED&APPRovED BY: Risk Management Specialist Form SS 00 08 04 05 © 2005, The Hartford BUSINESS LIABILITY COVERAGE FORM (2) Receives a written or verbal demand or b. We will make these payments regardless of claim for damages because of the "bodily fault. These payments will not exceed the injury"or"property damage";or applicable limit of insurance. We will pay (3) Becomes aware by any other means that reasonable expenses for: "bodily injury" or "property damage" has (1) First aid administered at the time of an occurred or has begun to occur. accident; d. Damages because of "bodily injury" include (2) Necessary medical, surgical, x-ray and damages claimed by any person or dental services, including prosthetic organization for care, loss of services or devices; and death resulting at any time from the "bodily (3) Necessary ambulance, hospital, injury . professional nursing and funeral e. Incidental Medical Malpractice services. (1) "Bodily injury" arising out of the 3. COVERAGE EXTENSION - rendering of or failure to render SUPPLEMENTARY PAYMENTS professional health care services as a a. We will pay, with respect to any claim or physician, dentist, nurse, emergency "suit" we investigate or settle, or any "suit" medical technician or paramedic shall against an insured we defend: be deemed to be caused by an "occurrence", but only if: (1) All expenses we incur. (a) The physician, dentist, nurse, (2) Up to $1,000 for the cost of bail bonds emergency medical technician or required because of accidents or traffic paramedic is employed by you to law violations arising out of the use of provide such services; and any vehicle to which Business Liability (b) You are not engaged in the Coverage for"bodily injury" applies. We business or occupation of providing do not have to furnish these bonds. such services. (3) The cost of appeal bonds or bonds to release attachments, but only for bond (2) For the purpose of determining the amounts within the applicable limit of limits of insurance for incidental medical insurance. We do not have to furnish malpractice, any act or omission these bonds. together with all related acts or omissions in the furnishing of these (4) All reasonable expenses incurred by the services to any one person will be insured at our request to assist us in the considered one"occurrence". investigation or defense of the claim or 2. MEDICAL EXPENSES "suit", including actual loss of earnings up to $500 a day because of time off Insuring Agreement from work. a. We will pay medical expenses as described (5) All costs taxed against the insured in below for "bodily injury" caused by an the "suit". accident: (6) Prejudgment interest awarded against (1) On premises you own or rent; the insured on that part of the judgment (2) On ways next to premises you own or we pay. If we make an offer to pay the rent; or applicable limit of insurance, we will not (3) Because of your operations; pay any prejudgment interest based on that period of time after the offer. provided that: (7) All interest on the full amount of any (1) The accident takes place in the judgment that accrues after entry of the "coverage territory" and during the judgment and before we have paid, policy period; offered to pay, or deposited in court the (2) The expenses are incurred and reported part of the judgment that is within the to us within three years of the date of applicable limit of insurance. the accident; and Any amounts Id% "------'- "` (3) The injured person submits to above will not r RU Muaganent DMsim examination, at our expense, by REVIEWED&APPROVmBY. physicians of our choice as often as we It reasonably require. ; Risk Management Specialist Page 2 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM b. If we defend an insured against a "suit" So long as the above conditions are met, and an indemnitee of the insured is also attorneys' fees incurred by us in the named as a party to the "suit", we will defense of that indemnitee, necessary defend that indemnitee if all of the litigation expenses incurred by us and following conditions are met: necessary litigation expenses incurred (1) The "suit" against the indemnitee by the indemnitee at our request will be seeks damages for which the insured paid as Supplementary Payments. has assumed the liability of the Notwithstanding the provisions of indemnitee in a contract or agreement Paragraph 1.b.(b) of Section B. — that is an "insured contract"; Exclusions, such payments will not be (2) This insurance applies to such liability deemed to be damages for "bodily assumed by the insured; injury" and "property damage" and will (3) The obligation to defend, or the cost of not reduce the Limits of Insurance. the defense of, that indemnitee, has Our obligation to defend an insured's also been assumed by the insured in indemnitee and to pay for attorneys' fees the same "insured contract"; and necessary litigation expenses as (4) The allegations in the "suit" and the Supplementary Payments ends when: information we know about the (1) We have used up the applicable limit "occurrence" are such that no conflict of insurance in the payment of appears to exist between the interests judgments or settlements; or of the insured and the interest of the (2) The conditions set forth above, or the indemnitee; terms of the agreement described in (5) The indemnitee and the insured ask Paragraph (6)above, are no longer met. us to conduct and control the defense B. EXCLUSIONS of that indemnitee against such "suit" 1. Applicable To Business Liability Coverage and agree that we can assign the same counsel to defend the insured This insurance does not apply to: and the indemnitee; and a. Expected Or Intended Injury (6) The indemnitee: (1) "Bodily injury" or "property damage" (a) Agrees in writing to: expected or intended from the standpoint of the insured. This (i) Cooperate with us in the,suit exclusion does not apply to "bodily defense of the investigation, settlement or injury" or "property damage" resulting ; from the use of reasonable force to (i i) Immediately send us copies of protect persons or property; or any demands, notices, (2) "Personal and advertising injury" arising summonses or legal papers out of an offense committed by, at the received in connection with direction of or with the consent or the "suit"; acquiescence of the insured with the (iii) Notify any other insurer whose expectation of inflicting "personal and coverage is available to the advertising injury". indemnitee; and b. Contractual Liability (iv) Cooperate with us with 1 "Bodilyinjury"or" a";or respect to coordinating other ( ) in try "property damage"; applicable insurance available (2) "Personal and advertising injury" to the indemnitee; and for which the insured is obligated to pay (b) Provides us with written damages by reason of the assumption of authorization to: liability in a contract or agreement. (i) Obtain records and other This exclusion does not apply to liability information related to the for damages because of: "suit"; and (a) "Bodi' (i i) Conduct and control the "pers „oR RU Muaganent DMsim defense of the indemnitee in the o=' raEmEWED&APPRovmBY. such "suit". absei :e AeA uo agree ® Risk management Specialist Form SS 00 08 04 05 Page 3 of 24 BUSINESS LIABILITY COVERAGE FORM (b) "Bodily injury" or "property damage" (b) Performing duties related to the assumed in a contract or agreement conduct of the insured's business,or that is an "insured contract", (2) The spouse, child, parent, brother or provided the "bodily injury" or sister of that "employee" as a "property damage" occurs consequence of(1) above. subsequent to the execution of the This exclusion applies: contract or agreement. Solely for the purpose of liability assumed in (1) Whether the insured may be liable as an "insured contract", reasonable an employer or in any other capacity; attorneys' fees and necessary and litigation expenses incurred by or for (2) To any obligation to share damages a party other than an insured are with or repay someone else who must deemed to be damages because of pay damages because of the injury. "bodily injury" or "property damage" This exclusion does not apply to liability provided: assumed by the insured under an "insured (i) Liability to such party for, or for contract". the cost of, that party's defense f. Pollution has also been assumed in the same"insured contract",and (1) "Bodily injury", "property damage" or personal and advertising injury (i i) Such attorneys' fees and arising out of the actual, alleged or litigation expenses are for threatened discharge, dispersal, defense of that party against a seepage, migration, release or escape civil or alternative dispute of"pollutants": resolution proceeding in which damages to which this (a) At or from any premises, site or insurance applies are alleged. location which is or was at any c. Liquor Liability time owned or occupied by, or rented or loaned to any insured. "Bodily injury" or "property damage" for However, this subparagraph does which any insured may be held liable by not apply to: reason of: (i) "Bodily injury" if sustained within (1) Causing or contributing to the a building and caused by intoxication of any person; smoke, fumes, vapor or soot (2) The furnishing of alcoholic beverages to produced by or originating from a person under the legal drinking age or equipment that is used to heat, under the influence of alcohol;or cool or dehumidify the building, (3) Any statute, ordinance or regulation or equipment that is used to relating to the sale, gift, distribution or heat water for personal use, by use of alcoholic beverages. the buildings occupants or their guests; This exclusion applies only if you are in the (ii "Bodilyinjury" or "property business of manufacturing, distributing, ) damage" for which you may be selling, serving or furnishing alcoholic held liable, if you are a beverages. contractor and the owner or d. Workers' Compensation And Similar lessee of such premises, site or Laws location has been added to your Any obligation of the insured under a policy as an additional insured workers' compensation, disability benefits with respect to your ongoing or unemployment compensation law or operations performed for that any similar law. additional insured at that e. Employer's Liability premises, site or location and "Bodily injury" to: such premises, site or location (1) An "employee" of the insured arising ^ out of and in the course of: c Riak Mmugement DMswn REVIEWED&APPROVLDBY. (a) Employment by the insured; or tl cI 119 1"` A"-gw4 Aecv44 ® Risk Management Specialist Page 4 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (iii) "Bodily injury" or "property released as part of the damage" arising out of heat, operations being performed smoke or fumes from a by such insured, contractor or "hostile fire"; subcontractor; (b) At or from any premises, site or (ii) "Bodily injury" or "property location which is or was at any damage" sustained within a time used by or for any insured or building and caused by the others for the handling, storage, release of gases, fumes or disposal, processing or treatment vapors from materials brought of waste; into that building in connection (c) Which are or were at any time with operations being performed transported, handled, stored, by you or on your behalf by a treated, disposed of, or processed contractor or subcontractor;or as waste by or for: (iii) "Bodily injury" or "property (i) Any insured; or damage" arising out of heat, (ii) Any person or organization for smoke or fumes from a whom you may be legally hostile fire , or responsible; (e) At or from any premises, site or location on which any insured or any (d) At or from any premises, site or contractors or subcontractors location on which any insured or working directly or indirectly on any any contractors or subcontractors insured's behalf are performing working directly or indirectly on any insured's behalf are operations if the operations are to test for, monitor, clean up, remove, performing operations if the contain, treat, detoxify or neutralize, "pollutants" are brought on or to or in any way respond to, or assess the premises, site or location in the effects of, "pollutants". connection with such operations by such insured, contractor or (2) Any loss, cost or expense arising out subcontractor. However, this of any: subparagraph does not apply to: (a) Request, demand, order or statutory (i) "Bodily injury" or "property or regulatory requirement that any damage" arising out of the insured or others test for, monitor, escape of fuels, lubricants or clean up, remove, contain, treat, other operating fluids which are detoxify or neutralize, or in any way needed to perform the normal respond to, or assess the effects of, electrical, hydraulic or "pollutants';or mechanical functions (b) Claim or suit by or on behalf of a necessary for the operation of governmental authority for "mobile equipment"or its parts, damages because of testing for, if such fuels, lubricants or other monitoring, cleaning up, removing, operating fluids escape from a containing, treating, detoxifying or vehicle part designed to hold, neutralizing, or in any way store or receive them. This responding to, or assessing the exception does not apply if the effects of, "pollutants". "bodily injury" or "property However, this paragraph does not damage" arises out of the apply to liability for damages because intentional discharge, dispersal of "property damage" that the insured or release of the fuels, would have in the absence of such lubricants or other operating request, demand, order or statutory or fluids, or if such fuels, regulatory requirement, or such claim lubricants or other operating or "suit" by or on behalf of a fluids are brought on or to the governor( premises, site or location with RU Muaganent DMslm the intent that the be s° `= y � REVIEWED&/4PPROVED BY. discharged, dispersed or °( 111C A--g�e Aec,44 ® Risk Management Specialist Form SS 00 08 04 05 Page 5 of 24 BUSINESS LIABILITY COVERAGE FORM g. Aircraft,Auto Or Watercraft (2) The use of "mobile equipment" in, or "Bodily injury" or "property damage" arising while in practice or preparation for, a out of the ownership, maintenance, use or prearranged racing, speed or entrustment to others of any aircraft, "auto" demolition contest or in any stunting or watercraft owned or operated by or rented activity. or loaned to any insured. Use includes i. War operation and "loading or unloading". "Bodily injury", "property damage" or This exclusion applies even if the claims "personal and advertising injury", however against any insured allege negligence or caused,arising,directly or indirectly,out of: other wrongdoing in the supervision, hiring, (1) War, including undeclared or civil war; employment, training or monitoring of others by that insured, if the "occurrence" which (2) Warlike action by a military force, caused the "bodily injury" or "property including action in hindering or damage" involved the ownership, defending against an actual or maintenance, use or entrustment to others of expected attack, by any government, any aircraft, "auto" or watercraft that is sovereign or other authority using owned or operated by or rented or loaned to military personnel or other agents; or any insured. (3) Insurrection, rebellion, revolution, This exclusion does not apply to: usurped power, or action taken by (1) A watercraft while ashore on premises governmental authority in hindering or you own or rent; defending against any of these. j. Professional Services (2) A watercraft you do not own that is: "Bodily injury", "property damage" or (a) Less than 51 feet long; and "personal and advertising injury" arising (b) Not being used to carry persons out of the rendering of or failure to render for a charge; any professional service. This includes (3) Parking an "auto" on, or on the ways but is not limited to: next to, premises you own or rent, (1) Legal, accounting or advertising provided the "auto" is not owned by or services; rented or loaned to you or the insured; (2) Preparing, approving, or failing to (4) Liability assumed under any "insured prepare or approve maps, shop contract" for the ownership, drawings, opinions, reports, surveys, maintenance or use of aircraft or field orders, change orders, designs or watercraft; drawings and specifications; (5) "Bodily injury" or "property damage" (3) Supervisory, inspection, architectural arising out of the operation of any of or engineering activities; the equipment listed in Paragraph f.(2) (4) Medical, surgical, dental, x-ray or or f.(3) of the definition of "mobile nursing services treatment, advice or equipment"; or instruction; (6) An aircraft that is not owned by any (5) Any health or therapeutic service insured and is hired, chartered or loaned treatment, advice or instruction; with a paid crew. However, this (6) Any service, treatment, advice or exception does not apply if the insured instruction for the purpose of has any other insurance for such "bodily injury" or "property damage", whether appearance or skin enhancement, hair the other insurance is primary, excess, removal or replacement or personal grooming; contingent or on any other basis. h. Mobile Equipment (7) Optical or hearing aid services including the prescribing, preparation, "Bodily injury" or "property damage" fitting, demonstration or distribution of arising out of: ophthalmic lenses and similar (1) The transportation of"mobile equipment" products by an "auto" owned or operated by or a�.� �a RU Muaganent DMsim rented or loaned to any insured;or o=' REVIEWED&APPRovmBY. ® Risk Management Specialist Page 6 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (8) Optometry or optometric services Paragraphs (1), (3) and (4) of this including but not limited to examination exclusion do not apply to "property of the eyes and the prescribing, damage" (other than damage by fire) to preparation, fitting,demonstration or premises, including the contents of such distribution of ophthalmic lenses and premises, rented to you for a period of 7 or similar products; fewer consecutive days. A separate Limit (9) Any: of Insurance applies to Damage To (a) Body piercing (not including ear Premises Rented To You as described in piercing); Section D. - Limits Of Insurance. b Tattooing, Paragraph (2) of this exclusion does not ( ) g, including but not limited apply if the premises are "your work" and to the insertion of pigments into or were never occupied, rented or held for under the skin; and rental by you. (c) Similar services; Paragraphs (3) and (4)of this exclusion do (10) Services in the practice of pharmacy; not apply to the use of elevators. and Paragraphs (3), (4), (5) and (6) of this (11) Computer consulting, design or exclusion do not apply to liability assumed programming services, including web under a sidetrack agreement. site design. Paragraphs (3) and (4)of this exclusion do Paragraphs (4) and (5)of this exclusion do not apply to "property damage" to not apply to the Incidental Medical borrowed equipment while not being used Malpractice coverage afforded under to perform operations at a job site. Paragraph 1.e. in Section A. - Coverages. Paragraph (6) of this exclusion does not k. Damage To Property apply to "property damage" included in the "Property damage" to: "products-completed operations hazard". (1) Property you own, rent or occupy, I. Damage To Your Product including any costs or expenses "Property damage" to "your product" incurred by you, or any other person, arising out of it or any part of it. organization or entity, for repair, m. Damage To Your Work replacement, enhancement, restoration or maintenance of such "Property damage" to "your work" arising property for any reason, including out of it or any part of it and included in the prevention of injury to a person or "products-completed operations hazard". damage to another's property; This exclusion does not apply if the (2) Premises you sell, give away or damaged work or the work out of which abandon, if the"property damage"arises the damage arises was performed on your out of any part of those premises; behalf by a subcontractor. (3) Property loaned to you; n. Damage To Impaired Property Or (4) Personal property in the care, custody Property Not Physically Injured or control of the insured; "Property damage" to "impaired property" (5) That particular part of real property on or property that has not been physically which you or any contractors or injured, arising out of: subcontractors working directly or (1) A defect, deficiency, inadequacy or indirectly on your behalf are performing dangerous condition in "your product" operations, if the "property damage" or"your work"; or arises out of those operations;or (2) A delay or failure by you or anyone (6) That particular part of any property acting on your behalf to perform a that must be restored, repaired or contract or agreement in accordance replaced because "your work" was with its terms. incorrectly performed on it. This exclusion does not apply to the loss of use of o sudden and RUManaganentDMsim a -- e +-!te REVIEWED&APPROVED BY: your produc ol. been put to it: �`e' O p ® Risk Management Specialist Form SS 00 08 04 05 Page 7 of 24 BUSINESS LIABILITY COVERAGE FORM o. Recall Of Products, Work Or Impaired (c) Title of any literary or artistic work; Property (8) Arising out of an offense committed by Damages claimed for any loss, cost or an insured whose business is: expense incurred by you or others for the (a) Advertising, broadcasting, loss of use, withdrawal, recall, inspection, publishing or telecasting; repair, replacement, adjustment, removal (b) Designing or determining content or disposal of: of web sites for others; or (1) "Your product"; (c) An Internet search, access, (2) "Your work"; or content or service provider. (3) "Impaired property"; However, this exclusion does not if such product, work or property is apply to Paragraphs a., b. and c. withdrawn or recalled from the market or under the definition of "personal and from use by any person or organization advertising injury" in Section G. — because of a known or suspected defect, Liability And Medical Expenses deficiency, inadequacy or dangerous Definitions. condition in it. For the purposes of this exclusion, p. Personal And Advertising Injury placing an "advertisement" for or "Personal and advertising injury": linking to others on your web site, by (1) Arising out of oral, written or electronic itself, is not considered the business publication of material, if done by or at of advertising, broadcasting, the direction of the insured with publishing or telecasting; knowledge of its falsity; (9) Arising out of an electronic chat room (2) Arising out of oral, written or electronic or bulletin board the insured hosts, publication of material whose first owns, or over which the insured publication took place before the exercises control; beginning of the policy period; (10) Arising out of the unauthorized use of (3) Arising out of a criminal act committed another's name or product in your e-mail by or at the direction of the insured; address, domain name or metatags, or any other similar tactics to mislead (4) Arising out of any breach of contract, another's potential customers; except an implied contract to use (11) Arising out of the violation of a another's "advertising idea" in your "advertisement"; persons right of privacy created by any state or federal act. (5) Arising out of the failure of goods, However, this exclusion does not products or services to conform with apply to liability for damages that the any statement of quality or insured would have in the absence of performance made in your such state or federal act; advertisement ; (6) Arising out of the wrong description of (12) Arising out of: the price of goods, products or services; (a) An "advertisement" for others on (7) Arising out of any violation of any your web site; intellectual property rights such as (b) Placing a link to a web site of copyright, patent, trademark, trade others on your web site; name, trade secret, service mark or (c) Content from a web site of others other designation of origin or displayed within a frame or border authenticity. on your web site. Content includes However, this exclusion does not information, code, sounds, text, apply to infringement, in your graphics or images;or "advertisement", of (d) Computer code, software or (a) Copyright; programming used to enable: (b) Slogan, unless the slogan is also (i) „oR., RiekManagrrnentDivisirnr ate---�e� a trademark, trade name, service (ii) 1 rs REVIEWED&APPRovmBY. mark or other designation of origin c i or authenticity; or c ®', �� Risk Management Specialist Page 8 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (13) Arising out of a violation of any anti- (a) May be awarded or incurred by trust law; reason of any claim or suit (14) Arising out of the fluctuation in price or alleging actual or threatened injury value of any stocks, bonds or other or damage of any nature or kind to securities; or persons or property which would (15) Arising out of discrimination or not have occurred in whole or in humiliation committed by or at the part but for the asbestos hazard"; direction of any "executive officer", (b) Arise out of any request, demand, director, stockholder, partner or order or statutory or regulatory member of the insured. requirement that any insured or q. Electronic Data others test for, monitor, clean up, remove, encapsulate, contain, Damages arising out of the loss of, loss of treat, detoxify or neutralize or in use of, damage to, corruption of, inability any way respond to or assess the to access, or inability to manipulate effects of an "asbestos hazard"; or "electronic data". (c) Arise out of any claim or suit for r. Employment-Related Practices damages because of testing for, "Bodily injury" or"personal and advertising monitoring, cleaning up, removing, injury" to: encapsulating, containing, treating, (1) A person arising out of any: detoxifying or neutralizing or in any way responding to or assessing the (a) Refusal to employ that person; effects of an"asbestos hazard". (b) Termination of that person's t. Violation Of Statutes That Govern E- employment; or Mails, Fax, Phone Calls Or Other (c) Employment-related practices, Methods Of Sending Material Or policies, acts or omissions, such as Information coercion, demotion, evaluation, "Bodily injury", "property damage", or reassignment, discipline, "personal and advertising injury" arising defamation, harassment, humiliation directly or indirectly out of any action or or discrimination directed at that omission that violates or is alleged to person;or violate: (2) The spouse, child, parent, brother or (1) The Telephone Consumer Protection sister of that person as a Act (TCPA), including any amendment consequence of "bodily injury" or of or addition to such law; "personal and advertising injury" to the (2) The CAN-SPAM Act of 2003, including person at whom any of the any amendment of or addition to such employment-related practices described in Paragraphs(a), (b), or(c) law; or above is directed. (3) Any statute, ordinance or regulation, This exclusion applies: other than the TCPA or CAN-SPAM Act of 2003, that prohibits or limits the (1) Whether the insured may be liable as sending, transmitting, communicating or an employer or in any other capacity; distribution of material or information. and Damage To Premises Rented To You — (2) To any obligation to share damages Exception For Damage By Fire, Lightning with or repay someone else who must or Explosion pay damages because of the injury. Exclusions c. through h. and k. through o. do s. Asbestos not apply to damage by fire, lightning or (1) "Bodily injury", "property damage" or explosion to premises rented to you or "personal and advertising injury" temporarily occupied by you with permission of arising out of the "asbestos hazard". the owner. A separate Limit of Insurance (2) Any damages, judgments, settlements, applies to this rnvarana nz rlacrriharl in loss,costs or expenses that: Section - Lial I Limits Ofnsurarn RUMougementDMsibn °" ``= �?- REVIEWED&/4PPROVED BY. 4g:e Aeev44 ® Risk Management Specialist Form SS 00 08 04 05 Page 9 of 24 BUSINESS LIABILITY COVERAGE FORM 2. Applicable To Medical Expenses Coverage e. A trust, you are an insured. Your trustees We will not pay expenses for"bodily injury": are also insureds, but only with respect to a. Any Insured their duties as trustees. To any insured,except"volunteer workers". 2. Each of the following is also an insured: b. Hired Person a. Employees And Volunteer Workers To a person hired to do work for or on behalf Your "volunteer workers" only while of any insured or a tenant of any insured. performing duties related to the conduct of c. Injury On Normally Occupied Premises your business, or your "employees", other than either your executive officers (if you To a person injured on that part of are an organization other than a premises you own or rent that the person partnership, joint venture or limited liability normally occupies. company) or your managers (if you are a d. Workers' Compensation And Similar limited liability company), but only for acts Laws within the scope of their employment by To a person, whether or not an you or while performing duties related to "employee" of any insured, if benefits for the conduct of your business. the "bodily injury" are payable or must be However, none of these "employees" or provided under a workers' compensation "volunteer workers" are insureds for: or disability benefits law or a similar law. (1) "Bodily injury" or "personal and e. Athletics Activities advertising injury": To a person injured while practicing, (a) To you, to your partners or instructing or participating in any physical members (if you are a partnership exercises or games, sports or athletic or joint venture), to your members contests. (if you are a limited liability f. Products-Completed Operations Hazard company), or to a co-"employee" while in the course of his or her Included with the "products-completed employment or performing duties operations hazard". related to the conduct of your g. Business Liability Exclusions business, or to your other Excluded under Business Liability Coverage. "volunteer workers" while C. WHO IS AN INSURED performing duties related to the conduct of your business; 1. If you are designated in the Declarations as: (b) To the spouse, child, parent, a. An individual, you and your spouse are brother or sister of that co- insureds, but only with respect to the "employee" or that "volunteer conduct of a business of which you are the worker" as a consequence of sole owner. Paragraph (1)(a)above; b. A partnership or joint venture, you are an (c) For which there is any obligation insured. Your members, your partners, and to share damages with or repay their spouses are also insureds, but only with someone else who must pay respect to the conduct of your business. damages because of the injury c. A limited liability company, you are an described in Paragraphs (1)(a) or insured. Your members are also insureds, (b) above; or but only with respect to the conduct of your (d) Arising out of his or her providing business. Your managers are insureds, but or failing to provide professional only with respect to their duties as your health care services. managers. If you are not in the business of d. An organization other than a partnership, providing professional health care joint venture or limited liability company, you services, Paragraph (d) does not apply are an insured. Your"executive officers"and to any nurse, emergency medical directors are insureds, but only with respect techniciar to their duties as your officers or directors. you to prc „oR %skManaganenfDMsfnn ate---�e� Your stockholders are also insureds, but only (2) "Property o�' REVIEWED&APPROVED BY. with respect to their liability as stockholders. (a) Own( ®, A--g`e Aecv4° �� Risk Management Specialist Page 10 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (b) Rented to, in the care, custody or b. Coverage under this provision does not control of, or over which physical apply to: control is being exercised for any (1) "Bodily injury" or "property damage" purpose by you, any of your that occurred; or "employees", "volunteer workers", any partner or member (if you are (2) "Personal and advertising injury" a partnership or joint venture), or arising out of an offense committed any member (if you are a limited before you acquired or formed the liability company). organization. b. Real Estate Manager 4. Operator Of Mobile Equipment Any person (other than your"employee" or With respect to "mobile equipment" registered in "volunteer worker"), or any organization your name under any motor vehicle registration while acting as your real estate manager. law, any person is an insured while driving such c. Temporary Custodians Of Your equipment along a public highway with your Property permission. Any other person or organization responsible for the conduct of such person is Any person or organization having proper also an insured, but only with respect to liability temporary custody of your property if you arising out of the operation of the equipment, and die, but only: only if no other insurance of any kind is available (1) With respect to liability arising out of the to that person or organization for this liability. maintenance or use of that property;and However, no person or organization is an insured (2) Until your legal representative has with respect to: been appointed. a. "Bodily injury" to a co-"employee" of the d. Legal Representative If You Die person driving the equipment; or Your legal representative if you die, but b. "Property damage" to property owned by, only with respect to duties as such. That rented to, in the charge of or occupied by representative will have all your rights and you or the employer of any person who is duties under this insurance. an insured under this provision. e. Unnamed Subsidiary 5. Operator of Nonowned Watercraft Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that yours which is a legally incorporated entity is less than 51 feet long and is not being used of which you own a financial interest of to carry persons for a charge, any person is an more than 50% of the voting stock on the insured while operating such watercraft with effective date of this Coverage Part. your permission. Any other person or The insurance afforded herein for any organization responsible for the conduct of subsidiary not shown in the Declarations such person is also an insured, but only with as a named insured does not apply to respect to liability arising out of the operation injury or damage with respect to which an of the watercraft, and only if no other insured under this insurance is also an insurance of any kind is available to that insured under another policy or would be person or organization for this liability. an insured under such policy but for its However, no person or organization is an termination or upon the exhaustion of its insured with respect to: limits of insurance. a. "Bodily injury" to a co-"employee" of the 3. Newly Acquired Or Formed Organization person operating the watercraft; or Any organization you newly acquire or form, b. "Property damage" to property owned by, other than a partnership, joint venture or rented to, in the charge of or occupied by limited liability company, and over which you you or the employer of any person who is maintain financial interest of more than 50% of an insured under this provision. the voting stock, will qualify as a Named 6. Additional Insureds When Required By Insured if there is no other similar insurance Written Contract, Written Agreement Or available to that organization. However: Permit a. Coverage under this provision is afforded The person(s) of a�.� �a RU Muaganent DMsim only until the 180th day after you acquire Paragraphs a. th o=' REVIEWED&APPROVmBY. or form the organization or the end of the insureds when yi policy period, whichever is earlier; and `®' Risk Management Specialist Form SS 00 08 04 05 Page 11 of 24 BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (e) Any failure to make such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit. with the distribution or sale of the A person or organization is an additional products; insured under this provision only for that (f) Demonstration, installation, period of time required by the contract, servicing or repair operations, agreement or permit. except such operations performed However, no such person or organization is an at the vendor's premises in additional insured under this provision if such connection with the sale of the product; person or organization is included as an additional insured by an endorsement issued (g) Products which, after distribution by us and made a part of this Coverage Part, or sale by you, have been labeled including all persons or organizations added or relabeled or used as a as additional insureds under the specific container, part or ingredient of any additional insured coverage grants in Section other thing or substance by or for F.—Optional Additional Insured Coverages. the vendor; or a. Vendors (h) "Bodily injury" or "property Any person(s) or organization(s) (referred to damage" arising out of the sole below as vendor), but only with respect to negligence of the vendor for its "bodily injury" or "property damage" arising own acts or omissions or those of out of "your products" which are distributed its employees or anyone else or sold in the regular course of the vendor's acting on its behalf. However, this business and only if this Coverage Part exclusion does not apply to: provides coverage for "bodily injury" or (i) The exceptions contained in "property damage" included within the Subparagraphs (d) or(f); or "products-completed operations hazard". (ii) Such inspections, adjustments, (1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions: undertakes to make in the usual This insurance does not apply to: course of business, in connection with the distribution (a) "Bodily injury" or "property or sale of the products. damage" for which the vendor is (2) This insurance does not apply to any obligated to pay damages by insured person or organization from reason of the assumption of whom you have acquired such products, liability in a contract or agreement. or any ingredient, part or container, This exclusion does not apply to entering into, accompanying or liability for damages that the containing such products. vendor would have in the absence of the contract or agreement; b. Lessors Of Equipment (b) Any express warranty (1) Any person or organization from unauthorized by you; whom you lease equipment; but only with respect to their liability for "bodily (c) Any physical or chemical change injury", "property damage" or in the product made intentionally "personal and advertising injury" by the vendor; caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person of or the substitution of parts under �o� RU MuaganentDMsim -�e� instructions from the manufacturer, �_-' REVIEWED&APPROVED BY. and then repackaged in the A--g:a Aecv 4 original container; ®` Risk Management Specialist Page 12 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (2) With respect to the insurance afforded e. Permits Issued By State Or Political to these additional insureds, this Subdivisions insurance does not apply to any (1) Any state or political subdivision, but "occurrence" which takes place after only with respect to operations you cease to lease that equipment. performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision (1) Any person or organization from has issued a permit. whom you lease land or premises, but (2) With respect to the insurance afforded only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to: of that part of the land or premises (a) "Bodily injury", "property damage" leased to you. or "personal and advertising (2) With respect to the insurance afforded injury" arising out of operations to these additional insureds, this performed for the state or insurance does not apply to: municipality; or (a) Any "occurrence" which takes (b) "Bodily injury" or "property damage" place after you cease to lease that included within the "products- land or be a tenant in that completed operations hazard". premises; or f. Any Other Party (b) Structural alterations, new (1) Any other person or organization who construction or demolition is not an insured under Paragraphs a. operations performed by or on through e. above, but only with behalf of such person or respect to liability for "bodily injury", organization. "property damage" or "personal and d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or (1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or only with respect to liability for "bodily the acts or omissions of those acting injury", "property damage" or "personal on your behalf: and advertising injury" caused, in whole (a) In the performance of your or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on (b) In connection with your premises your behalf: owned by or rented to you; or (a) In connection with your premises; (c) In connection with "your work" and or included within the "products- (b) In the performance of your completed operations hazard", but ongoing operations performed by only if you or on your behalf. (i) The written contract or written (2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured; and This insurance does not apply to (ii) This Coverage Part provides "bodily injury", "property damage" or coverage for "bodily injury" or "personal and advertising injury" "property damage" included arising out of the rendering of or the within the "products- failure to render any professional completed operations hazard". services by or for you, including: (2) With respect to the insurance afforded (a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to: maps, shop drawings, opinions, "Bodily injury", "property damage" or reports, surveys, field orders, "personal --- --"-'-- -' - change orders, designs or arising of RU Muaganent pMs;bn drawings and specifications; or failure tc REVIEWED&APPROVEDBY. (b) Supervisory, inspection, architects °i. ,,g;QA architectural or engineering services, ®' Risk Management Specialist activities. Form SS 00 08 04 05 Page 13 of 24 BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or This General Aggregate limit does not failure to prepare or approve, apply to "property damage" to premises maps, shop drawings, opinions, while rented to you or temporarily reports, surveys, field orders, occupied by you with permission of the change orders, designs or owner, arising out of fire, lightning or drawings and specifications; or explosion. (b) Supervisory, inspection, 3. Each Occurrence Limit architectural or engineering Subject to 2.a. or 2.b above, whichever activities. applies, the most we will pay for the sum of all The limits of insurance that apply to additional damages because of all "bodily injury", insureds are described in Section D. — Limits "property damage" and medical expenses Of Insurance. arising out of any one "occurrence" is the How this insurance applies when other Liability and Medical Expenses Limit shown in insurance is available to an additional insured the Declarations. is described in the Other Insurance Condition The most we will pay for all medical expenses in Section E.— Liability And Medical Expenses because of "bodily injury" sustained by any General Conditions. one person is the Medical Expenses Limit No person or organization is an insured with shown in the Declarations. respect to the conduct of any current or past 4. Personal And Advertising Injury Limit partnership, joint venture or limited liability Subject to 2.b. above, the most we will pay for company that is not shown as a Named Insured in the sum of all damages because of all the Declarations. "personal and advertising injury" sustained by D. LIABILITY AND MEDICAL EXPENSES any one person or organization is the Personal LIMITS OF INSURANCE and Advertising Injury Limit shown in the Declarations. 1. The Most We Will Pay 5. Damage To Premises Rented To You Limit The Limits of Insurance shown in the Declarations and the rules below fix the most The Damage To Premises Rented To You we will pay regardless of the number of: Limit is the most we will pay under Business Liability Coverage for damages because of a. Insureds; "property damage" to any one premises, while b. Claims made or"suits" brought; or rented to you, or in the case of damage by fire, c. Persons or organizations making claims or lightning or explosion, while rented to you or bringing "suits". temporarily occupied by you with permission of 2. Aggregate Limits the owner. The most we will pay for: In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To a. Damages because of "bodily injury" and You Limit applies to all damage proximately "property damage" included in the caused by the same event, whether such "products-completed operations hazard" is damage results from fire, lightning or explosion the Products-Completed Operations or any combination of these. Aggregate Limit shown in the Declarations. 6. How Limits Apply To Additional Insureds b. Damages because of all other "bodily The most we will pay on behalf of a person or injury", "property damage" or "personal organization who is an additional insured and advertising injury", including medical under this Coverage Part is the lesser of: expenses, is the General Aggregate Limit a. The limits of insurance specified in a shown in the Declarations. written contract, written agreement or This General Aggregate Limit applies permit issued by a state or political separately to each of your "locations" subdivision; or owned by or rented to you. b. The Limits of Insurance shown in the "Location" means premises involving the Declarations. same or connecting lots, or premises Such amount sr RU Muaganent DMsim a - whose connection is interrupted only by a addition to the L �_-te REVIEWED&APPROVED BY. street, roadway or right-of-way of a the Declarations A--gg e Aecv44 railroad. `® Risk Management Specialist Page 14 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM If more than one limit of insurance under this (1) Immediately send us copies of any policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or "suit", the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or"suit"; single highest limit of liability of all coverages (2) Authorize us to obtain records and applicable to such claim or "suit". However, this other information; paragraph does not apply to the Medical Expenses limit set forth in Paragraph 3.above. (3) Cooperate with us in the investigation, settlement of the claim or defense The Limits of Insurance of this Coverage Part apply against the "suit"; and separately to each consecutive annual period and to (4) Assist us, upon our request, in the any remaining period of less than 12 months, starting enforcement of any right against any with the beginning of the policy period shown in the person or organization that may be Declarations, unless the policy period is extended liable to the insured because of injury after issuance for an additional period of less than 12 or damage to which this insurance months. In that case, the additional period will be may also apply. deemed part of the last preceding period for purposes of determining the Limits of Insurance. d. Obligations At The Insured's Own Cost E. LIABILITY AND MEDICAL EXPENSES No insured will, except at that insured's own GENERAL CONDITIONS cost, voluntarily make a payment, assume any obligation, or incur any expense, other 1. Bankruptcy than for first aid,without our consent. Bankruptcy or insolvency of the insured or of e. Additional Insured's Other Insurance the insured's estate will not relieve us of our If we cover a claim or "suit" under this obligations under this Coverage Part. Coverage Part that may also be covered 2. Duties In The Event Of Occurrence, by other insurance available to an Offense, Claim Or Suit additional insured, such additional insured a. Notice Of Occurrence Or Offense must submit such claim or "suit" to the You or any additional insured must see to other insurer for defense and indemnity. it that we are notified as soon as However, this provision does not apply to practicable of an "occurrence" or an the extent that you have agreed in a offense which may result in a claim. To written contract, written agreement or the extent possible, notice should include: permit that this insurance is primary and non-contributory with the additional (1) How, when and where the "occurrence" insured's own insurance. or offense took place; f. Knowledge Of An Occurrence, Offense, (2) The names and addresses of any Claim Or Suit injured persons and witnesses; and Paragraphs a. and b. apply to you or to (3) The nature and location of any injury any additional insured only when such or damage arising out of the "occurrence", offense, claim or "suit" is "occurrence"or offense. known to: b. Notice Of Claim (1) You or any additional insured that is If a claim is made or "suit" is brought an individual; against any insured, you or any additional (2) Any partner, if you or an additional insured must: insured is a partnership; (1) Immediately record the specifics of the (3) Any manager, if you or an additional claim or "suit" and the date received; insured is a limited liability company; and (4) Any "executive officer" or insurance (2) Notify us as soon as practicable. manager, if you or an additional You or any additional insured must see to insured is a corporation; it that we receive a written notice of the (5) Any trustee, if you or an additional claim or"suit" as soon as practicable. insured is c. Assistance And Cooperation Of The (6) Any elecl a"°�"e Risk Muaganent Insured �_-' REVIEWED&APPROVEDBY. or an ad oi. A Aecv4 o You and any other involved insured must: subdivisic �.� Risk Management Specialist Form SS 00 08 04 05 Page 15 of 24 BUSINESS LIABILITY COVERAGE FORM This Paragraph f. applies separately to (3) We have issued this policy in reliance you and any additional insured. upon your representations. 3. Financial Responsibility Laws b. Unintentional Failure To Disclose a. When this policy is certified as proof of Hazards financial responsibility for the future under If unintentionally you should fail to disclose the provisions of any motor vehicle all hazards relating to the conduct of your financial responsibility law, the insurance business at the inception date of this provided by the policy for "bodily injury" Coverage Part, we shall not deny any liability and "property damage" liability will coverage under this Coverage Part comply with the provisions of the law to because of such failure. the extent of the coverage and limits of 7. Other Insurance insurance required by that law. b. With respect to "mobile equipment" to If other valid and collectible insurance is available for a loss we cover under this which this insurance applies, we will Coverage Part, our obligations are limited as provide any liability, uninsured motorists, follows: underinsured motorists, no-fault or other coverage required by any motor vehicle a. Primary Insurance law. We will provide the required limits for This insurance is primary except when b. those coverages. below applies. If other insurance is also 4. Legal Action Against Us primary, we will share with all that other No person or organization has a right under insurance by the method described in c. this Coverage Form: below. a. To join us as a party or otherwise bring us b. Excess Insurance into a "suit" asking for damages from an This insurance is excess over any of the insured; or other insurance, whether primary, excess, b. To sue us on this Coverage Form unless contingent or on any other basis: all of its terms have been fully complied (1) Your Work with. That is Fire, Extended Coverage, A person or organization may sue us to recover Builder's Risk, Installation Risk or on an agreed settlement or on a final judgment similar coverage for"your work"; against an insured; but we will not be liable for (2) Premises Rented To You damages that are not payable under the terms of this insurance or that are in excess of the That is fire, lightning or explosion applicable limit of insurance. An agreed insurance for premises rented to you or temporarily occupied by you with settlement means a settlement and release of liability signed by us, the insured and the permission of the owner; claimant or the claimant's legal representative. (3) Tenant Liability 5. Separation Of Insureds That is insurance purchased by you to Except with respect to the Limits of Insurance, cover your liability as a tenant for and any rights or duties specifically assigned "property damage" to premises rented to you or temporarily occupied by you in this policy to the first Named Insured, this with permission of the owner; insurance applies: a. As if each Named Insured were the only (4) Aircraft,Auto Or Watercraft Named Insured; and If the loss arises out of the maintenance b. Separately to each insured against whom or use of aircraft, "autos"or watercraft to a claim is made or"suit" is brought. the extent not subject to Exclusion g. of Section A.—Coverages. 6. Representations (5) Property Damage To Borrowed a. When You Accept This Policy Equipment Or Use Of Elevators By accepting this policy, you agree: If the loss arises out of "property (1) The statements in the Declarations damage" are accurate and complete; the use c a�.°R a RiakMuaganentDM9lm �?-' REVIEWED&APPROVED BY. (2) Those statements are based upon subject tc oi,rt C �'"g`e A`e''�4O overa c representations you made to us; and g ®', Risk Management Specialist Page 16 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (6) When You Are Added As An When this insurance is excess over other Additional Insured To Other insurance, we will pay only our share of Insurance the amount of the loss, if any, that That is other insurance available to exceeds the sum of: you covering liability for damages (1) The total amount that all such other arising out of the premises or insurance would pay for the loss in the operations, or products and completed absence of this insurance; and operations, for which you have been (2) The total of all deductible and self- added as an additional insured by that insured amounts under all that other insurance; or insurance. (7) When You Add Others As An We will share the remaining loss, if any, with Additional Insured To This any other insurance that is not described in Insurance this Excess Insurance provision and was not That is other insurance available to an bought specifically to apply in excess of the additional insured. Limits of Insurance shown in the However, the following provisions Declarations of this Coverage Part. apply to other insurance available to c. Method Of Sharing any person or organization who is an If all the other insurance permits additional insured under this Coverage contribution by equal shares, we will follow Part: this method also. Under this approach, (a) Primary Insurance When each insurer contributes equal amounts Required By Contract until it has paid its applicable limit of This insurance is primary if you insurance or none of the loss remains, have agreed in a written contract, whichever comes first. written agreement or permit that If any of the other insurance does not permit this insurance be primary. If other contribution by equal shares, we will insurance is also primary, we will contribute by limits. Under this method,each share with all that other insurance insurer's share is based on the ratio of its by the method described in c. applicable limit of insurance to the total below. applicable limits of insurance of all insurers. (b) Primary And Non-Contributory 8. Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us Required By Contract a. Transfer Of Rights Of Recovery If you have agreed in a written If the insured has rights to recover all or contract, written agreement or part of any payment, including permit that this insurance is Supplementary Payments, we have made primary and non-contributory with under this Coverage Part, those rights are the additional insured's own transferred to us. The insured must do insurance, this insurance is nothing after loss to impair them. At our primary and we will not seek request, the insured will bring "suit" or contribution from that other transfer those rights to us and help us insurance. enforce them. This condition does not Paragraphs (a) and (b) do not apply to apply to Medical Expenses Coverage. other insurance to which the additional b. Waiver Of Rights Of Recovery (Waiver insured has been added as an Of Subrogation) additional insured. If the insured has waived any rights of When this insurance is excess, we will recovery against any person or have no duty under this Coverage Part to organization for all or part of any payment, defend the insured against any "suit" if any including Supplementary Payments, we other insurer has a duty to defend the have made under this Coverage Part, we insured against that "suit". If no other also waive th insurer defends, we will undertake to do waived their a�.° �a RU Muaganent DMsim so, but we will be entitled to the insured's such person �_ REVIEWED&APPROVED BY. rights against all those other insurers. agreement o � prior to the in ® Risk Management Specialist Form SS 00 08 04 05 Page 17 of 24 BUSINESS LIABILITY COVERAGE FORM F. OPTIONAL ADDITIONAL INSURED 3. Additional Insured -Grantor Of Franchise COVERAGES WHO IS AN INSURED under Section C. is If listed or shown as applicable in the Declarations, amended to include as an additional insured one or more of the following Optional Additional the person(s) or organization(s) shown in the Insured Coverages also apply. When any of these Declarations as an Additional Insured - Optional Additional Insured Coverages apply, Grantor Of Franchise, but only with respect to Paragraph 6. (Additional Insureds When Required their liability as grantor of franchise to you. by Written Contract, Written Agreement or Permit) 4. Additional Insured - Lessor Of Leased of Section C., Who Is An Insured, does not apply Equipment to the person or organization shown in the a. WHO IS AN INSURED under Section C. is Declarations. These coverages are subject to the amended to include as an additional terms and conditions applicable to Business insured the person(s) or organization(s) Liability Coverage in this policy, except as shown in the Declarations as an Additional provided below: Insured — Lessor of Leased Equipment, 1. Additional Insured - Designated Person Or but only with respect to liability for "bodily Organization injury", "property damage" or "personal WHO IS AN INSURED under Section C. is and advertising injury" caused, in whole or amended to include as an additional insured in part, by your maintenance, operation or the person(s) or organization(s) shown in the use of equipment leased to you by such Declarations, but only with respect to liability person(s)or organization(s). for "bodily injury", "property damage" or b. With respect to the insurance afforded to "personal and advertising injury" caused, in these additional insureds, this insurance whole or in part, by your acts or omissions or does not apply to any 'occurrence" which the acts or omissions of those acting on your takes place after you cease to lease that behalf: equipment. a. In the performance of your ongoing 5. Additional Insured - Owners Or Other operations; or Interests From Whom Land Has Been b. In connection with your premises owned Leased by or rented to you. a. WHO IS AN INSURED under Section C. is 2. Additional Insured - Managers Or Lessors amended to include as an additional Of Premises insured the person(s) or organization(s) shown in the Declarations as an Additional a. WHO IS AN INSURED under Section C. is Insured— Owners Or Other Interests From amended to include as an additional insured Whom Land Has Been Leased, but only the person(s)or organization(s)shown in the with respect to liability arising out of the Declarations as an Additional Insured - ownership, maintenance or use of that part Designated Person Or Organization; but only of the land leased to you and shown in the with respect to liability arising out of the Declarations. ownership, maintenance or use of that part of the premises leased to you and shown in the b. With respect to the insurance afforded to Declarations. these additional insureds, the following additional exclusions apply: b. With respect to the insurance afforded to these additional insureds, the following This insurance does not apply to: additional exclusions apply: (1) Any 'occurrence" that takes place This insurance does not apply to: after you cease to lease that land; or (1) Any 'occurrence" which takes place (2) Structural alterations, new after you cease to be a tenant in that construction or demolition operations premises; or performed by or on behalf of such (2) Structural alterations, new person or organization. construction or demolition operations 6. Additional Insured - State Or Political performed by or on behalf of such Subdivision —Permits person or organization. a. WHO IS AN I amended to R'�`�p`"9101 +-! REVIEWED&APPROVED BY: insured the shown in the Risk Management Specialist Page 18 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM Insured — State Or Political Subdivision - (e) Any failure to make such Permits, but only with respect to inspections, adjustments, tests or operations performed by you or on your servicing as the vendor has agreed behalf for which the state or political to make or normally undertakes to subdivision has issued a permit. make in the usual course of b. With respect to the insurance afforded to business, in connection with the these additional insureds, the following distribution or sale of the products; additional exclusions apply: (f) Demonstration, installation, This insurance does not apply to: servicing or repair operations, ( ) y injury",1 "Bodil in u " "property " except such operations performed damage" or at the vendors premises in personal and advertising injury connection with the sale of the arising out of operations performed for product; the state or municipality; or (g) Products which, after distribution (2) "Bodily injury" or "property damage" or sale by you, have been labeled included in the "product-completed or relabeled or used as a operations" hazard. container, part or ingredient of any 7. Additional Insured—Vendors other thing or substance by or for a. WHO IS AN INSURED under Section C. is the vendor; or amended to include as an additional (h) "Bodily injury" or "property insured the person(s) or organization(s) damage" arising out of the sole (referred to below as vendor) shown in the negligence of the vendor for its Declarations as an Additional Insured - own acts or omissions or those of Vendor, but only with respect to "bodily its employees or anyone else injury" or "property damage" arising out of acting on its behalf. However, this "your products" which are distributed or exclusion does not apply to: sold in the regular course of the vendor's (i) The exceptions contained in business and only if this Coverage Part Subparagraphs d provides coverage for "bodily injury" or ( ) or(fl; or "property damage" included within the (ii) Such inspections, "products-completed operations hazard". adjustments, tests or servicing b. The insurance afforded to the vendor is as the vendor has agreed to make or normally undertakes subject to the following additional exclusions: to make in the usual course of (1) This insurance does not apply to: business, in connection with (a) "Bodily injury" or "property the distribution or sale of the damage" for which the vendor is products. obligated to pay damages by (2) This insurance does not apply to any reason of the assumption of insured person or organization from liability in a contract or agreement. whom you have acquired such This exclusion does not apply to products, or any ingredient, part or liability for damages that the container, entering into, vendor would have in the absence accompanying or containing such of the contract or agreement; products. (b) Any express warranty 8. Additional Insured—Controlling Interest unauthorized by you; WHO IS AN INSURED under Section C. is (c) Any physical or chemical change amended to include as an additional insured in the product made intentionally the person(s) or organization(s) shown in the by the vendor; Declarations as an Additional Insured — (d) Repackaging, unless unpacked Controlling Interest, but only with respect to solely for the purpose of inspection, their liability arising out of: demonstration, testing, or the a. Their financial rnntrnl of vnlr nr substitution of parts under b. Premises thf �p ;�, instructions from the manufacturer, e. while you lea: �_- REVIEWED&ArPRovmBY. and then repackaged in the original container; ®, A`A Risk Management Specialist NQ Form SS 00 08 04 05 Page 19 of 24 BUSINESS LIABILITY COVERAGE FORM This insurance does not apply to structural The limits of insurance that apply to additional alterations, new construction and demolition insureds are described in Section D. — Limits Of operations performed by or for that person or Insurance. organization. How this insurance applies when other insurance 9. Additional Insured — Owners, Lessees Or is available to an additional insured is described in Contractors — Scheduled Person Or the Other Insurance Condition in Section E. — Organization Liability And Medical Expenses General a. WHO IS AN INSURED under Section C. is Conditions. amended to include as an additional G. LIABILITY AND MEDICAL EXPENSES insured the person(s) or organization(s) DEFINITIONS shown in the Declarations as an Additional Insured — Owner, Lessees Or Contractors, 1. "Advertisement" means the widespread public but only with respect to liability for "bodily dissemination of information or images that injury", "property damage" or "personal has the purpose of inducing the sale of goods, and advertising injury" caused, in whole or products or services through: in part, by your acts or omissions or the a. (1) Radio; acts or omissions of those acting on your (2) Television; behalf: (3) Billboard; (1) In the performance of your ongoing (4) Magazine; operations for the additional i (5) Newspaper; nsured(s); or (2) In connection with "your work" b. The Internet, but only that part of a web performed for that additional insured site that is about goods, products or and included within the "products- services for the purposes of inducing the completed operations hazard", but sale of goods, products or services; or only if this Coverage Part provides c. Any other publication that is given coverage for "bodily injury" or widespread public distribution. "property damage" included within the However, "advertisement" does not include: products-completed operations hazard". a. The design, printed material, information or images contained in, on or upon the b. With respect to the insurance afforded to packaging or labeling of any goods or these additional insureds, this insurance products; or does not apply to "bodily injury", "property damage" or "personal an advertising b. An interactive conversation between or injury" arising out of the rendering of, or among persons through a computer network. the failure to render, any professional 2• "Advertising idea" means any idea for an architectural, engineering or surveying "advertisement". services, including: 3. "Asbestos hazard" means an exposure or (1) The preparing, approving, or failure to threat of exposure to the actual or alleged prepare or approve, maps, shop properties of asbestos and includes the mere drawings, opinions, reports, surveys, presence of asbestos in any form. field orders, change orders, designs or 4. "Auto" means a land motor vehicle, trailer or drawings and specifications; or semi-trailer designed for travel on public (2) Supervisory, inspection, architectural roads, including any attached machinery or or engineering activities. equipment. But "auto" does not include 10. Additional Insured — Co-Owner Of Insured "mobile equipment". Premises 5. "Bodily injury" means physical: WHO IS AN INSURED under Section C. is a. Injury; amended to include as an additional insured b. Sickness; or the person(s) or Organization(s) shown in the c. Disease Declarations as an Additional Insured — Co- Owner Of Insured Premises, but only with sustained by a pE respect to their liability as co-owner of the above, mental an r,��.°���F �p�EDBY. s; premises shown in the Declarations. 6. "Coverage territol ® Risk Management Specialist Page 20 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM a. The United States of America (including its b. You have failed to fulfill the terms of a territories and possessions), Puerto Rico contract or agreement; and Canada; if such property can be restored to use by: b. International waters or airspace, but only if a. The repair, replacement, adjustment or the injury or damage occurs in the course removal of "your product" or "your work"; of travel or transportation between any or places included in a. above; b. Your fulfilling the terms of the contract or c. All other parts of the world if the injury or agreement. damage arises out of: 12. "Insured contract" means: (1) Goods or products made or sold by you in the territory described in a.above; a. A contract for a lease of premises. However, that portion of the contract for a (2) The activities of a person whose home lease of premises that indemnifies any is in the territory described in a. person or organization for damage by fire, above, but is away for a short time on lightning or explosion to premises while your business; or rented to you or temporarily occupied by (3) "Personal and advertising injury" you with permission of the owner is offenses that take place through the subject to the Damage To Premises Internet or similar electronic means of Rented To You limit described in Section communication D. — Liability and Medical Expenses Limits provided the insured's responsibility to pay of Insurance. damages is determined in the United States of b. A sidetrack agreement; America (including its territories and c. Any easement or license agreement, possessions), Puerto Rico or Canada, in a including an easement or license "suit" on the merits according to the agreement in connection with construction substantive law in such territory, or in a or demolition operations on or within 50 settlement we agree to. feet of a railroad; 7. "Electronic data" means information, facts or d. Any obligation, as required by ordinance, programs: to indemnify a municipality, except in a. Stored as or on; connection with work for a municipality; b. Created or used on; or e. An elevator maintenance agreement; or c. Transmitted to or from f. That part of any other contract or computer software, including systems and agreement pertaining to your business applications software, hard or floppy disks, (including an indemnification of a CD-ROMS, tapes, drives, cells, data municipality in connection with work processing devices or any other media which performed for a municipality) under which are used with electronically controlled you assume the tort liability of another equipment. party to pay for "bodily injury" or "property 8. "Employee" includes a "leased worker". damage" to a third person or organization, "Employee" does not include a "temporary provided the "bodily injury" or "property worker". damage" is caused, in whole or in part, by you or by those acting on your behalf. 9. "Executive officer" means a person holding Tort liability means a liability that would be any of the officer positions created by your imposed by law in the absence of any charter, constitution, by-laws or any other contract or agreement. similar governing document. Paragraph f. includes that part of any 10. "Hostile fire" means one which becomes contract or agreement that indemnifies a uncontrollable or breaks out from where it was railroad for "bodily injury" or "property intended to be. damage" arising out of construction or 11. "Impaired property" means tangible property, demolition operations within 50 feet of any other than "your product" or "your work", that railroad property and affecting any railroad cannot be used or is less useful because: bridge or tres underpass or s a %Sk Muaganent DMsim a. It incorporates your product or your work r=, REVIEWED&APPROVED BY. that is known or thought to be defective, However, P� ��� deficient, inadequate or dangerous;or that part of a ®, 44 Risk Management Specialist Form SS 00 08 04 05 Page 21 of 24 BUSINESS LIABILITY COVERAGE FORM (1) That indemnifies an architect, (1) Power cranes, shovels, loaders, engineer or surveyor for injury or diggers or drills; or damage arising out of: (2) Road construction or resurfacing (a) Preparing, approving or failing to equipment such as graders, scrapers prepare or approve maps, shop or rollers; drawings, opinions, reports, e. Vehicles not described in a., b., c., or d. surveys, field orders, change above that are not self-propelled and are orders, designs or drawings and maintained primarily to provide mobility to specifications; or permanently attached equipment of the (b) Giving directions or instructions, following types: or failing to give them, if that is the (1) Air compressors, pumps and primary cause of the injury or generators, including spraying, damage; or welding, building cleaning, (2) Under which the insured, if an geophysical exploration, lighting and architect, engineer or surveyor, well servicing equipment; or assumes liability for an injury or (2) Cherry pickers and similar devices damage arising out of the insured's used to raise or lower workers; rendering or failure to render professional services, including those f. Vehicles not described in a., b., c., or d. listed in (1) above and supervisory, above maintained primarily for purposes inspection, architectural or other than the transportation of persons or engineering activities. cargo. 13. "Leased worker" means a person leased to However, self-propelled vehicles with the you by a labor leasing firm under an following types of permanently attached agreement between you and the labor leasing equipment are not "mobile equipment" but firm, to perform duties related to the conduct of will be considered "autos": your business. "Leased worker" does not (1) Equipment, of at least 1,000 pounds include a "temporary worker". gross vehicle weight, designed 14. "Loading or unloading" means the handling of primarily for: property: (a) Snow removal; a. After it is moved from the place where it is (b) Road maintenance, but not accepted for movement into or onto an construction or resurfacing; or aircraft, watercraft or"auto"; (c) Street cleaning; b. While it is in or on an aircraft, watercraft or (2) Cherry pickers and similar devices "auto"; or mounted on automobile or truck c. While it is being moved from an aircraft, chassis and used to raise or lower watercraft or"auto" to the place where it is workers; and finally delivered; (3) Air compressors, pumps and but "loading or unloading" does not include the generators, including spraying, movement of property by means of a mechanical welding, building cleaning, device, other than a hand truck, that is not geophysical exploration, lighting and attached to the aircraft,watercraft or"auto". well servicing equipment. 15. "Mobile equipment" means any of the following 16. "Occurrence" means an accident, including types of land vehicles, including any attached continuous or repeated exposure to substantially machinery or equipment: the same general harmful conditions. a. Bulldozers, farm machinery, forklifts and 17. "Personal and advertising injury" means injury, other vehicles designed for use principally including consequential "bodily injury", arising off public roads; out of one or more of the following offenses: b. Vehicles maintained for use solely on or a. False arrest, detention or imprisonment; next to premises you own or rent; b. Malicious pros^^ +^� c. Vehicles that travel on crawler treads; RU Muaganent DMsim d. Vehicles, whether self-propelled or not, on o=' REVIEWED&APPROVmBY. which are permanently mounted: It I.. Aye+' ® Risk Management Specialist Page 22 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM c. The wrongful eviction from, wrongful entry Work that may need service, maintenance, into, or invasion of the right of private correction, repair or replacement, but occupancy of a room, dwelling or which is otherwise complete, will be premises that the person occupies, treated as completed. committed by or on behalf of its owner, The "bodily injury" or "property damage" landlord or lessor; must occur away from premises you own d. Oral, written or electronic publication of or rent, unless your business includes the material that slanders or libels a person or selling, handling or distribution of "your organization or disparages a person's or product" for consumption on premises you organization's goods, products or services; own or rent. e. Oral, written or electronic publication of b. Does not include "bodily injury" or material that violates a person's right of "property damage" arising out of: privacy; 1 The transportation of property, ( ) p p p rty, unless f. Copying, in your "advertisement", a the injury or damage arises out of a person's or organization's "advertising condition in or on a vehicle not owned idea" or style of"advertisement"; or operated by you, and that condition g. Infringement of copyright, slogan, or title of was created by the "loading or any literary or artistic work, in your unloading" of that vehicle by any "advertisement"; or insured; or h. Discrimination or humiliation that results in (2) The existence of tools, uninstalled injury to the feelings or reputation of a equipment or abandoned or unused natural person. materials. 18. "Pollutants" means any solid, liquid, gaseous or 20. "Property damage" means: thermal irritant or contaminant, including smoke, a. Physical injury to tangible property, vapor, soot, fumes, acids, alkalis, chemicals and including all resulting loss of use of that waste. Waste includes materials to be recycled, property. All such loss of use shall be reconditioned or reclaimed. deemed to occur at the time of the 19. "Products-completed operations hazard"; physical injury that caused it; or a. Includes all "bodily injury" and "property b. Loss of use of tangible property that is not damage" occurring away from premises physically injured. All such loss of use you own or rent and arising out of "your shall be deemed to occur at the time of product" or"your work" except: "occurrence"that caused it. (1) Products that are still in your physical As used in this definition, "electronic data" is possession; or not tangible property. (2) Work that has not yet been completed 21. "Suit" means a civil proceeding in which or abandoned. However, "your work" damages because of "bodily injury", "property will be deemed to be completed at the damage" or "personal and advertising injury" earliest of the following times: to which this insurance applies are alleged. (a) When all of the work called for in "Suit" includes: your contract has been completed. a. An arbitration proceeding in which such (b) When all of the work to be done at damages are claimed and to which the the job site has been completed if insured must submit or does submit with your contract calls for work at our consent; or more than one job site. b. Any other alternative dispute resolution (c) When that part of the work done at proceeding in which such damages are a job site has been put to its claimed and to which the insured submits intended use by any person or with our consent. organization other than another 22• "Temporary worker" means a person who is contractor or subcontractor furnished to you to substitute for a permanent working on the same project. "employee" on leave or to meet seasonal or short-term worklo „oR RU Muaganent DMsim 23. "Volunteer worke �_° - c`= REVIEWED&/4PPROVED BY. a. Is not your e A��'44 °l ®, Risk Management Specialist Form SS 00 08 04 05 Page 23 of 24 BUSINESS LIABILITY COVERAGE FORM b. Donates his or her work; (2) The providing of or failure to provide c. Acts at the direction of and within the warnings or instructions. scope of duties determined by you; and c. Does not include vending machines or d. Is not paid a fee, salary or other other property rented to or located for the compensation by you or anyone else for use of others but not sold. their work performed for you. 25. "Your work": 24. "Your product": a. Means: a. Means: (1) Work or operations performed by you (1) Any goods or products, other than real or on your behalf; and property, manufactured, sold, handled, (2) Materials, parts or equipment distributed or disposed of by: furnished in connection with such work (a) You; or operations. (b) Others trading under your name; b. Includes: or (1) Warranties or representations made at (c) A person or organization whose any time with respect to the fitness, business or assets you have quality, durability, performance or use acquired; and of"your work"; and (2) Containers (other than vehicles), (2) The providing of or failure to provide materials, parts or equipment warnings or instructions. 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 Rink Management DMsian �?- REVIEWED&APPROVED BY: °I 111C I 119 1" A-s-g�e Acevedo ® Risk Management Specialist Page 24 of 24 Form SS 00 08 04 05 DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE /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). CONTACT PRODUCER John Boughton NAME: FAX PHONE San Tan Insurance480-391-3883480-391-9484 (A/C, No): (A/C, No, Ext): E-MAIL 625 N Gilbert Rd., Suite 107JFBoughton@santaninsurance.net ADDRESS: INSURER(S) AFFORDING COVERAGENAIC # Gilbert AZ 85234Hartford Casualty Insurance Co INSURER A : INSURED INSURER B : IK Consulting, LLC INSURER C : P.O. Box 17661 INSURER D : Tucson AZ 85730 INSURER E : INSURER F : COVERAGESCERTIFICATE NUMBER:REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOWHAVE 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 LTR(MM/DD/YYYY)(MM/DD/YYYY) INSDWVD COMMERCIAL GENERAL LIABILITY x2,000,000 EACH OCCURRENCE$ DAMAGE TO RENTED Ax300,000 CLAIMS-MADEOCCUR$ PREMISES (Ea occurrence) X59SBAZM467712/08/20212/08/20210,000 MED EXP (Any one person)$ 2,000,000 PERSONAL & ADV INJURY$ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$ PRO- x4,000,000 POLICYLOCPRODUCTS - COMP/OP AGG$ JECT $ OTHER: COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY $ 2,000,000 (Ea accident) ANY AUTO BODILY INJURY (Per person)$ A OWNEDSCHEDULED BODILY INJURY (Per accident)$ 59SBAZM467712/08/20212/08/202 AUTOS ONLYAUTOS HIREDNON-OWNEDPROPERTY DAMAGE $ xx (Per accident) AUTOS ONLYAUTOS ONLY $ UMBRELLA LIAB EACH OCCURRENCE$ OCCUR EXCESS LIAB CLAIMS-MADEAGGREGATE$ $ DEDRETENTION$ PEROTH- WORKERS COMPENSATION x STATUTEER AND EMPLOYERS' LIABILITY Y / N 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT$ N / A AN59WECGC672901/08/20201/08/202 OFFICER/MEMBER EXCLUDED? 1,000,000 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE$ If yes, describe under 1,000,000 E.L. DISEASE - POLICY LIMIT$ DESCRIPTION OF OPERATIONS below $1,000,000 eachGlitch Limit AErrors & Omissions Liability59SBAZM467712/08/20212/08/202$2,000,000Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) All forms when required by written contract are subject to policy forms and conditions. CzDzouijbNpsbbu23;18qn-Efd29-3135 CERTIFICATE HOLDERCANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Risk Management Division ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza <> AUTHORIZED REPRESENTATIVE Santa Ana, CA 92702 © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03)The ACORD name and logo are registered marks of ACORD BUSINESSLIABILITYCOVERAGEFORM Variousprovisionsinthispolicyrestrictcoverage.Readtheentirepolicycarefullytodeterminerights,dutiesandwhat isandisnotcovered. Throughoutthispolicythewords"you"and"your"refertotheNamedInsuredshownintheDeclarations.Thewords "we","us"and"our"refertothestockinsurancecompanymemberofTheHartfordprovidingthisinsurance. C Theword"insured"meansanypersonororganizationqualifyingassuchunderSection.-WhoIsAnInsured. G Otherwordsandphrasesthatappearinquotationmarkshavespecialmeaning.RefertoSection.-LiabilityAnd MedicalExpensesDefinitions. (a) The"bodilyinjury"or"property A.COVERAGES damage"iscausedbyan 1.BUSINESSLIABILITYCOVERAGE(BODILY "occurrence"thattakesplaceinthe INJURY,PROPERTYDAMAGE,PERSONAL "coverageterritory"; ANDADVERTISINGINJURY) (b) The"bodilyinjury"or"property InsuringAgreement damage"occursduringthepolicy a. Wewillpaythosesumsthattheinsured period;and becomeslegallyobligatedtopayas (c) Priortothepolicyperiod,noinsured damagesbecauseof"bodilyinjury", 1. listedunderParagraphofSection "propertydamage"or"personaland C. –WhoIsAnInsuredandno advertisinginjury"towhichthisinsurance "employee"authorizedbyyoutogive applies.Wewillhavetherightanddutyto orreceivenoticeofan"occurrence" defendtheinsuredagainstany"suit" orclaim,knewthatthe"bodilyinjury" seekingthosedamages.However,wewill or"propertydamage"hadoccurred, havenodutytodefendtheinsuredagainst inwholeorinpart.Ifsuchalisted any"suit"seekingdamagesfor"bodily insuredorauthorized"employee" injury","propertydamage"or"personaland knew,priortothepolicyperiod,that advertisinginjury"towhichthisinsurance the"bodilyinjury"or"property doesnotapply. damage"occurred,thenany Wemay,atourdiscretion,investigateany continuation,changeorresumption "occurrence"oroffenseandsettleanyclaim ofsuch"bodilyinjury"or"property or"suit"thatmayresult.But: damage"duringorafterthepolicy periodwillbedeemedtohavebeen (1) Theamountwewillpayfordamagesis knownpriortothepolicyperiod. D. limitedasdescribedinSection- (2) To"personalandadvertisinginjury" LiabilityAndMedicalExpensesLimits causedbyanoffensearisingoutofyour OfInsurance;and business,butonlyiftheoffensewas (2) Ourrightanddutytodefendendswhen committedinthe"coverageterritory" wehaveuseduptheapplicablelimitof duringthepolicyperiod. insuranceinthepaymentofjudgments, c. "Bodilyinjury"or"propertydamage"willbe settlementsormedicalexpensestowhich deemedtohavebeenknowntohave thisinsuranceapplies. occurredattheearliesttimewhenany Nootherobligationorliabilitytopaysumsor 1. insuredlistedunderParagraphofSection performactsorservicesiscoveredunless C. –WhoIsAnInsuredorany"employee" explicitlyprovidedforunderCoverage authorizedbyyoutogiveorreceivenotice Extension-SupplementaryPayments. ofan"occurrence"orclaim: b. Thisinsuranceapplies: (1) Reportsall,oranypart,ofthe"bodily (1) To"bodilyinjury"and"property injury"or"propertydamage"tousor damage"onlyif: anyotherinsurer; FormSS00080405Page1of24 ©2005,TheHartford BUSINESSLIABILITYCOVERAGEFORM (2)b. ReceivesawrittenorverbaldemandorWewillmakethesepaymentsregardlessof claimfordamagesbecauseofthe"bodilyfault.Thesepaymentswillnotexceedthe injury"or"propertydamage";orapplicablelimitofinsurance.Wewillpay reasonableexpensesfor: (3) Becomesawarebyanyothermeansthat (1) "bodilyinjury"or"propertydamage"hasFirstaidadministeredatthetimeofan occurredorhasbeguntooccur.accident; d.(2) Damagesbecauseof"bodilyinjury"includeNecessarymedical,surgical,x-rayand damagesclaimedbyanypersonordentalservices,includingprosthetic organizationforcare,lossofservicesordevices;and deathresultingatanytimefromthe"bodily (3) Necessaryambulance,hospital, injury". professionalnursingandfuneral e.IncidentalMedicalMalpractice services. (1) "Bodilyinjury"arisingoutofthe 3.COVERAGEEXTENSION- renderingoforfailuretorender SUPPLEMENTARYPAYMENTS professionalhealthcareservicesasa a. Wewillpay,withrespecttoanyclaimor physician,dentist,nurse,emergency "suit"weinvestigateorsettle,orany"suit" medicaltechnicianorparamedicshall againstaninsuredwedefend: bedeemedtobecausedbyan (1) Allexpensesweincur. "occurrence",butonlyif: (2) Upto$1,000forthecostofbailbonds (a) Thephysician,dentist,nurse, requiredbecauseofaccidentsortraffic emergencymedicaltechnicianor lawviolationsarisingoutoftheuseof paramedicisemployedbyyouto anyvehicletowhichBusinessLiability providesuchservices;and Coveragefor"bodilyinjury"applies.We (b) Youarenotengagedinthe donothavetofurnishthesebonds. businessoroccupationofproviding (3) Thecostofappealbondsorbondsto suchservices. releaseattachments,butonlyforbond (2) Forthepurposeofdeterminingthe amountswithintheapplicablelimitof limitsofinsuranceforincidentalmedical insurance.Wedonothavetofurnish malpractice,anyactoromission thesebonds. togetherwithallrelatedactsor (4) Allreasonableexpensesincurredbythe omissionsinthefurnishingofthese insuredatourrequesttoassistusinthe servicestoanyonepersonwillbe investigationordefenseoftheclaimor consideredone"occurrence". "suit",includingactuallossofearnings 2.MEDICALEXPENSES upto$500adaybecauseoftimeoff InsuringAgreement fromwork. a. Wewillpaymedicalexpensesasdescribed (5) Allcoststaxedagainsttheinsuredin belowfor"bodilyinjury"causedbyan the"suit". accident: (6) Prejudgmentinterestawardedagainst (1) Onpremisesyouownorrent; theinsuredonthatpartofthejudgment wepay.Ifwemakeanoffertopaythe (2) Onwaysnexttopremisesyouownor applicablelimitofinsurance,wewillnot rent;or payanyprejudgmentinterestbasedon (3) Becauseofyouroperations; thatperiodoftimeaftertheoffer. providedthat: (7) Allinterestonthefullamountofany (1) Theaccidenttakesplaceinthe judgmentthataccruesafterentryofthe "coverageterritory"andduringthe judgmentandbeforewehavepaid, policyperiod; offeredtopay,ordepositedincourtthe partofthejudgmentthatiswithinthe (2) Theexpensesareincurredandreported applicablelimitofinsurance. touswithinthreeyearsofthedateof theaccident;and (1)(7) Anyamountspaidunderthrough abovewillnotreducethelimitsofinsurance. (3) Theinjuredpersonsubmitsto examination,atourexpense,by physiciansofourchoiceasoftenaswe reasonablyrequire. Page2of24FormSS00080405 BUSINESSLIABILITYCOVERAGEFORM b. Ifwedefendaninsuredagainsta"suit"Solongastheaboveconditionsaremet, andanindemniteeoftheinsuredisalsoattorneys'feesincurredbyusinthe namedasapartytothe"suit",wewilldefenseofthatindemnitee,necessary defendthatindemniteeifallofthelitigationexpensesincurredbyusand followingconditionsaremet:necessarylitigationexpensesincurred bytheindemniteeatourrequestwillbe (1) The"suit"againsttheindemnitee paidasSupplementaryPayments. seeksdamagesforwhichtheinsured hasassumedtheliabilityoftheNotwithstandingtheprovisionsof 1.b.(b)B. indemniteeinacontractoragreementParagraphofSection– thatisan"insuredcontract";Exclusions,suchpaymentswillnotbe deemedtobedamagesfor"bodily (2) Thisinsuranceappliestosuchliability injury"and"propertydamage"andwill assumedbytheinsured; notreducetheLimitsofInsurance. (3) Theobligationtodefend,orthecostof Ourobligationtodefendaninsured's thedefenseof,thatindemnitee,has indemniteeandtopayforattorneys'fees alsobeenassumedbytheinsuredin andnecessarylitigationexpensesas thesame"insuredcontract"; SupplementaryPaymentsendswhen: (4) Theallegationsinthe"suit"andthe (1) Wehaveuseduptheapplicablelimit informationweknowaboutthe ofinsuranceinthepaymentof "occurrence"aresuchthatnoconflict judgmentsorsettlements;or appearstoexistbetweentheinterests (2) oftheinsuredandtheinterestoftheTheconditionssetforthabove,orthe indemnitee;termsoftheagreementdescribedin (6) Paragraphabove,arenolongermet. (5) Theindemniteeandtheinsuredask ustoconductandcontrolthedefense B.EXCLUSIONS ofthatindemniteeagainstsuch"suit" 1.ApplicableToBusinessLiabilityCoverage andagreethatwecanassignthe Thisinsurancedoesnotapplyto: samecounseltodefendtheinsured andtheindemnitee;and a.ExpectedOrIntendedInjury (6) Theindemnitee: (1) "Bodilyinjury"or"propertydamage" expectedorintendedfromthe (a) Agreesinwritingto: standpointoftheinsured.This (i) Cooperatewithusinthe exclusiondoesnotapplyto"bodily investigation,settlementor injury"or"propertydamage"resulting defenseofthe"suit"; fromtheuseofreasonableforceto (ii) Immediatelysenduscopiesof protectpersonsorproperty;or anydemands,notices, (2) "Personalandadvertisinginjury"arising summonsesorlegalpapers outofanoffensecommittedby,atthe receivedinconnectionwith directionoforwiththeconsentor the"suit"; acquiescenceoftheinsuredwiththe (iii) Notifyanyotherinsurerwhose expectationofinflicting"personaland coverageisavailabletothe advertisinginjury". indemnitee;and b.ContractualLiability (iv) Cooperatewithuswith (1) "Bodilyinjury"or"propertydamage";or respecttocoordinatingother (2) "Personalandadvertisinginjury" applicableinsuranceavailable totheindemnitee;and forwhichtheinsuredisobligatedtopay damagesbyreasonoftheassumptionof (b) Providesuswithwritten liabilityinacontractoragreement. authorizationto: Thisexclusiondoesnotapplytoliability (i) Obtainrecordsandother fordamagesbecauseof: informationrelatedtothe "suit";and (a) "Bodilyinjury","propertydamage"or "personalandadvertisinginjury"that (ii) Conductandcontrolthe theinsuredwouldhaveinthe defenseoftheindemniteein absenceofthecontractor such"suit". agreement;or FormSS00080405Page3of24 BUSINESSLIABILITYCOVERAGEFORM (b)(b) "Bodilyinjury"or"propertydamage"Performingdutiesrelatedtothe assumedinacontractoragreementconductoftheinsured’sbusiness,or thatisan"insuredcontract", (2) Thespouse,child,parent,brotheror providedthe"bodilyinjury"or sisterofthat"employee"asa "propertydamage"occurs (1) consequenceofabove. subsequenttotheexecutionofthe Thisexclusionapplies: contractoragreement.Solelyfor (1) Whethertheinsuredmaybeliableas thepurposeofliabilityassumedin anemployerorinanyothercapacity; an"insuredcontract",reasonable and attorneys'feesandnecessary litigationexpensesincurredbyorfor (2) Toanyobligationtosharedamages apartyotherthananinsuredare withorrepaysomeoneelsewhomust deemedtobedamagesbecauseof paydamagesbecauseoftheinjury. "bodilyinjury"or"propertydamage" Thisexclusiondoesnotapplytoliability provided: assumedbytheinsuredunderan"insured (i) Liabilitytosuchpartyfor,orfor contract". thecostof,thatparty’sdefense f.Pollution hasalsobeenassumedinthe (1) "Bodilyinjury","propertydamage"or same"insuredcontract",and "personalandadvertisinginjury" (ii) Suchattorneys'feesand arisingoutoftheactual,allegedor litigationexpensesarefor threateneddischarge,dispersal, defenseofthatpartyagainsta seepage,migration,releaseorescape civiloralternativedispute of"pollutants": resolutionproceedinginwhich (a) Atorfromanypremises,siteor damagestowhichthis locationwhichisorwasatany insuranceappliesarealleged. timeownedoroccupiedby,or c.LiquorLiability rentedorloanedtoanyinsured. "Bodilyinjury"or"propertydamage"for However,thissubparagraphdoes whichanyinsuredmaybeheldliableby notapplyto: reasonof: (i) "Bodilyinjury"ifsustainedwithin (1) Causingorcontributingtothe abuildingandcausedby intoxicationofanyperson; smoke,fumes,vapororsoot producedbyororiginatingfrom (2) Thefurnishingofalcoholicbeveragesto equipmentthatisusedtoheat, apersonunderthelegaldrinkingageor coolordehumidifythebuilding, undertheinfluenceofalcohol;or orequipmentthatisusedto (3) Anystatute,ordinanceorregulation heatwaterforpersonaluse,by relatingtothesale,gift,distributionor thebuilding'soccupantsortheir useofalcoholicbeverages. guests; Thisexclusionappliesonlyifyouareinthe (ii) "Bodilyinjury"or"property businessofmanufacturing,distributing, damage"forwhichyoumaybe selling,servingorfurnishingalcoholic heldliable,ifyouarea beverages. contractorandtheowneror d.Workers'CompensationAndSimilar lesseeofsuchpremises,siteor Laws locationhasbeenaddedtoyour Anyobligationoftheinsuredundera policyasanadditionalinsured workers'compensation,disabilitybenefits withrespecttoyourongoing orunemploymentcompensationlawor operationsperformedforthat anysimilarlaw. additionalinsuredatthat premises,siteorlocationand e.Employer’sLiability suchpremises,siteorlocation "Bodilyinjury"to: isnotandneverwasownedor (1) An"employee"oftheinsuredarising occupiedby,orrentedor outofandinthecourseof: loanedto,anyinsured,other (a) Employmentbytheinsured;or thanthatadditionalinsured;or Page4of24FormSS00080405 BUSINESSLIABILITYCOVERAGEFORM (iii) "Bodilyinjury"or"propertyreleasedaspartofthe damage"arisingoutofheat,operationsbeingperformed smokeorfumesfromabysuchinsured,contractoror "hostilefire";subcontractor; (b)(ii) Atorfromanypremises,siteor"Bodilyinjury"or"property locationwhichisorwasatanydamage"sustainedwithina timeusedbyorforanyinsuredorbuildingandcausedbythe othersforthehandling,storage,releaseofgases,fumesor disposal,processingortreatmentvaporsfrommaterialsbrought ofwaste;intothatbuildinginconnection withoperationsbeingperformed (c) Whichareorwereatanytime byyouoronyourbehalfbya transported,handled,stored, contractororsubcontractor;or treated,disposedof,orprocessed (iii) aswastebyorfor:"Bodilyinjury"or"property damage"arisingoutofheat, (i) Anyinsured;or smokeorfumesfroma (ii) Anypersonororganizationfor "hostilefire";or whomyoumaybelegally (e) Atorfromanypremises,siteor responsible; locationonwhichanyinsuredorany (d) Atorfromanypremises,siteor contractorsorsubcontractors locationonwhichanyinsuredor workingdirectlyorindirectlyonany anycontractorsorsubcontractors insured’sbehalfareperforming workingdirectlyorindirectlyon operationsiftheoperationsareto anyinsured'sbehalfare testfor,monitor,cleanup,remove, performingoperationsifthe contain,treat,detoxifyorneutralize, "pollutants"arebroughtonorto orinanywayrespondto,orassess thepremises,siteorlocationin theeffectsof,"pollutants". connectionwithsuchoperations (2) Anyloss,costorexpensearisingout bysuchinsured,contractoror ofany: subcontractor.However,this (a) subparagraphdoesnotapplyto:Request,demand,orderorstatutory orregulatoryrequirementthatany (i) "Bodilyinjury"or"property insuredorotherstestfor,monitor, damage"arisingoutofthe cleanup,remove,contain,treat, escapeoffuels,lubricantsor detoxifyorneutralize,orinanyway otheroperatingfluidswhichare respondto,orassesstheeffectsof, neededtoperformthenormal "pollutants";or electrical,hydraulicor (b) mechanicalfunctionsClaimorsuitbyoronbehalfofa necessaryfortheoperationofgovernmentalauthorityfor "mobileequipment"oritsparts,damagesbecauseoftestingfor, ifsuchfuels,lubricantsorothermonitoring,cleaningup,removing, operatingfluidsescapefromacontaining,treating,detoxifyingor vehiclepartdesignedtohold,neutralizing,orinanyway storeorreceivethem.Thisrespondingto,orassessingthe exceptiondoesnotapplyiftheeffectsof,"pollutants". "bodilyinjury"or"property However,thisparagraphdoesnot damage"arisesoutofthe applytoliabilityfordamagesbecause intentionaldischarge,dispersal of"propertydamage"thattheinsured orreleaseofthefuels, wouldhaveintheabsenceofsuch lubricantsorotheroperating request,demand,orderorstatutoryor fluids,orifsuchfuels, regulatoryrequirement,orsuchclaim lubricantsorotheroperating or"suit"byoronbehalfofa fluidsarebroughtonortothe governmentalauthority. premises,siteorlocationwith theintentthattheybe discharged,dispersedor FormSS00080405Page5of24 BUSINESSLIABILITYCOVERAGEFORM g.Aircraft,AutoOrWatercraft(2) Theuseof"mobileequipment"in,or whileinpracticeorpreparationfor,a "Bodilyinjury"or"propertydamage"arising prearrangedracing,speedor outoftheownership,maintenance,useor demolitioncontestorinanystunting entrustmenttoothersofanyaircraft,"auto" activity. orwatercraftownedoroperatedbyorrented i.War orloanedtoanyinsured.Useincludes operationand"loadingorunloading". "Bodilyinjury","propertydamage"or Thisexclusionapplieseveniftheclaims "personalandadvertisinginjury",however againstanyinsuredallegenegligenceor caused,arising,directlyorindirectly,outof: otherwrongdoinginthesupervision,hiring, (1) War,includingundeclaredorcivilwar; employment,trainingormonitoringofothers (2) Warlikeactionbyamilitaryforce, bythatinsured,ifthe"occurrence"which includingactioninhinderingor causedthe"bodilyinjury"or"property defendingagainstanactualor damage"involvedtheownership, expectedattack,byanygovernment, maintenance,useorentrustmenttoothersof sovereignorotherauthorityusing anyaircraft,"auto"orwatercraftthatis militarypersonnelorotheragents;or ownedoroperatedbyorrentedorloanedto (3) Insurrection,rebellion,revolution, anyinsured. usurpedpower,oractiontakenby Thisexclusiondoesnotapplyto: governmentalauthorityinhinderingor (1) Awatercraftwhileashoreonpremises defendingagainstanyofthese. youownorrent; j.ProfessionalServices (2) Awatercraftyoudonotownthatis: "Bodilyinjury","propertydamage"or (a) Lessthan51feetlong;and "personalandadvertisinginjury"arising outoftherenderingoforfailuretorender (b) Notbeingusedtocarrypersons anyprofessionalservice.Thisincludes foracharge; butisnotlimitedto: (3) Parkingan"auto"on,orontheways (1) Legal,accountingoradvertising nextto,premisesyouownorrent, services; providedthe"auto"isnotownedbyor rentedorloanedtoyouortheinsured; (2) Preparing,approving,orfailingto prepareorapprovemaps,shop (4) Liabilityassumedunderany"insured drawings,opinions,reports,surveys, contract"fortheownership, fieldorders,changeorders,designsor maintenanceoruseofaircraftor drawingsandspecifications; watercraft; (3) Supervisory,inspection,architectural (5) "Bodilyinjury"or"propertydamage" orengineeringactivities; arisingoutoftheoperationofanyof f.(2) theequipmentlistedinParagraph (4) Medical,surgical,dental,x-rayor f.(3) orofthedefinitionof"mobile nursingservicestreatment,adviceor equipment";or instruction; (6) Anaircraftthatisnotownedbyany (5) Anyhealthortherapeuticservice insuredandishired,charteredorloaned treatment,adviceorinstruction; withapaidcrew.However,this (6) Anyservice,treatment,adviceor exceptiondoesnotapplyiftheinsured instructionforthepurposeof hasanyotherinsuranceforsuch"bodily appearanceorskinenhancement,hair injury"or"propertydamage",whether removalorreplacementorpersonal theotherinsuranceisprimary,excess, grooming; contingentoronanyotherbasis. (7) Opticalorhearingaidservices h.MobileEquipment includingtheprescribing,preparation, "Bodilyinjury"or"propertydamage" fitting,demonstrationordistributionof arisingoutof: ophthalmiclensesandsimilar productsorhearingaiddevices; (1) Thetransportationof"mobileequipment" byan"auto"ownedoroperatedbyor rentedorloanedtoanyinsured;or Page6of24FormSS00080405 BUSINESSLIABILITYCOVERAGEFORM (8)(1)(3)(4) OptometryoroptometricservicesParagraphs,andofthis includingbutnotlimitedtoexaminationexclusiondonotapplyto"property oftheeyesandtheprescribing,damage"(otherthandamagebyfire)to preparation,fitting,demonstrationorpremises,includingthecontentsofsuch distributionofophthalmiclensesandpremises,rentedtoyouforaperiodof7or similarproducts;fewerconsecutivedays.AseparateLimit ofInsuranceappliestoDamageTo (9) Any: PremisesRentedToYouasdescribedin (a) Bodypiercing(notincludingear D. Section-LimitsOfInsurance. piercing); (2) Paragraphofthisexclusiondoesnot (b) Tattooing,includingbutnotlimited applyifthepremisesare"yourwork"and totheinsertionofpigmentsintoor wereneveroccupied,rentedorheldfor undertheskin;and rentalbyyou. (c) Similarservices; (3)(4) Paragraphsandofthisexclusiondo (10) Servicesinthepracticeofpharmacy; notapplytotheuseofelevators. and (3)(4)(5)(6) Paragraphs,,andofthis (11) Computerconsulting,designor exclusiondonotapplytoliabilityassumed programmingservices,includingweb underasidetrackagreement. sitedesign. (3)(4) Paragraphsandofthisexclusiondo (4)(5) Paragraphsandofthisexclusiondo notapplyto"propertydamage"to notapplytotheIncidentalMedical borrowedequipmentwhilenotbeingused Malpracticecoverageaffordedunder toperformoperationsatajobsite. 1.e.A. ParagraphinSection-Coverages. (6) Paragraphofthisexclusiondoesnot k.DamageToProperty applyto"propertydamage"includedinthe "products-completedoperationshazard". "Propertydamage"to: l.DamageToYourProduct (1) Propertyyouown,rentoroccupy, includinganycostsorexpenses "Propertydamage"to"yourproduct" incurredbyyou,oranyotherperson, arisingoutofitoranypartofit. organizationorentity,forrepair, m.DamageToYourWork replacement,enhancement, "Propertydamage"to"yourwork"arising restorationormaintenanceofsuch outofitoranypartofitandincludedinthe propertyforanyreason,including "products-completedoperationshazard". preventionofinjurytoapersonor damagetoanother'sproperty;Thisexclusiondoesnotapplyifthe damagedworkortheworkoutofwhich (2) Premisesyousell,giveawayor thedamageariseswasperformedonyour abandon,ifthe"propertydamage"arises behalfbyasubcontractor. outofanypartofthosepremises; n.DamageToImpairedPropertyOr (3) Propertyloanedtoyou; PropertyNotPhysicallyInjured (4) Personalpropertyinthecare,custody "Propertydamage"to"impairedproperty" orcontroloftheinsured; orpropertythathasnotbeenphysically (5) Thatparticularpartofrealpropertyon injured,arisingoutof: whichyouoranycontractorsor (1) Adefect,deficiency,inadequacyor subcontractorsworkingdirectlyor dangerousconditionin"yourproduct" indirectlyonyourbehalfareperforming or"yourwork";or operations,ifthe"propertydamage" (2) arisesoutofthoseoperations;orAdelayorfailurebyyouoranyone actingonyourbehalftoperforma (6) Thatparticularpartofanyproperty contractoragreementinaccordance thatmustberestored,repairedor withitsterms. replacedbecause"yourwork"was incorrectlyperformedonit.Thisexclusiondoesnotapplytotheloss ofuseofotherpropertyarisingoutof suddenandaccidentalphysicalinjuryto "yourproduct"or"yourwork"afterithas beenputtoitsintendeduse. FormSS00080405Page7of24 BUSINESSLIABILITYCOVERAGEFORM o.RecallOfProducts,WorkOrImpaired(c) Titleofanyliteraryorartisticwork; Property (8) Arisingoutofanoffensecommittedby Damagesclaimedforanyloss,costoraninsuredwhosebusinessis: (a) expenseincurredbyyouorothersfortheAdvertising,broadcasting, lossofuse,withdrawal,recall,inspection,publishingortelecasting; repair,replacement,adjustment,removal (b) Designingordeterminingcontent ordisposalof: ofwebsitesforothers;or (1) "Yourproduct"; (c) AnInternetsearch,access, (2) "Yourwork";or contentorserviceprovider. (3) "Impairedproperty"; However,thisexclusiondoesnot ifsuchproduct,workorpropertyis a.b.c. applytoParagraphs,and withdrawnorrecalledfromthemarketor underthedefinitionof"personaland fromusebyanypersonororganization G. advertisinginjury"inSection– becauseofaknownorsuspecteddefect, LiabilityAndMedicalExpenses deficiency,inadequacyordangerous Definitions. conditioninit. Forthepurposesofthisexclusion, p.PersonalAndAdvertisingInjury placingan"advertisement"foror linkingtoothersonyourwebsite,by "Personalandadvertisinginjury": itself,isnotconsideredthebusiness (1) Arisingoutoforal,writtenorelectronic ofadvertising,broadcasting, publicationofmaterial,ifdonebyorat publishingortelecasting; thedirectionoftheinsuredwith (9) Arisingoutofanelectronicchatroom knowledgeofitsfalsity; orbulletinboardtheinsuredhosts, (2) Arisingoutoforal,writtenorelectronic owns,oroverwhichtheinsured publicationofmaterialwhosefirst exercisescontrol; publicationtookplacebeforethe (10) Arisingoutoftheunauthorizeduseof beginningofthepolicyperiod; another'snameorproductinyoure-mail (3) Arisingoutofacriminalactcommitted address,domainnameormetatags,or byoratthedirectionoftheinsured; anyothersimilartacticstomislead (4) Arisingoutofanybreachofcontract, another'spotentialcustomers; exceptanimpliedcontracttouse (11) Arisingoutoftheviolationofa another’s"advertisingidea"inyour person'srightofprivacycreatedby "advertisement"; anystateorfederalact. (5) Arisingoutofthefailureofgoods, However,thisexclusiondoesnot productsorservicestoconformwith applytoliabilityfordamagesthatthe anystatementofqualityor insuredwouldhaveintheabsenceof performancemadeinyour suchstateorfederalact; "advertisement"; (12) Arisingoutof: (6) Arisingoutofthewrongdescriptionof (a) An"advertisement"forotherson thepriceofgoods,productsorservices; yourwebsite; (7) Arisingoutofanyviolationofany (b) Placingalinktoawebsiteof intellectualpropertyrightssuchas othersonyourwebsite; copyright,patent,trademark,trade name,tradesecret,servicemarkor (c) Contentfromawebsiteofothers otherdesignationoforiginor displayedwithinaframeorborder authenticity. onyourwebsite.Contentincludes information,code,sounds,text, However,thisexclusiondoesnot graphicsorimages;or applytoinfringement,inyour "advertisement",of (d) Computercode,softwareor programmingusedtoenable: (a) Copyright; (i) Yourwebsite;or (b) Slogan,unlessthesloganisalso atrademark,tradename,service (ii) Thepresentationorfunctionality markorotherdesignationoforigin ofan"advertisement"orother orauthenticity;or contentonyourwebsite; Page8of24FormSS00080405 BUSINESSLIABILITYCOVERAGEFORM (13)(a) Arisingoutofaviolationofanyanti-Maybeawardedorincurredby trustlaw;reasonofanyclaimorsuit allegingactualorthreatenedinjury (14) Arisingoutofthefluctuationinpriceor ordamageofanynatureorkindto valueofanystocks,bondsorother personsorpropertywhichwould securities;or nothaveoccurredinwholeorin (15) Arisingoutofdiscriminationor partbutforthe"asbestoshazard"; humiliationcommittedbyoratthe (b) Ariseoutofanyrequest,demand, directionofany"executiveofficer", orderorstatutoryorregulatory director,stockholder,partneror requirementthatanyinsuredor memberoftheinsured. otherstestfor,monitor,cleanup, q.ElectronicData remove,encapsulate,contain, Damagesarisingoutofthelossof,lossof treat,detoxifyorneutralizeorin useof,damageto,corruptionof,inability anywayrespondtoorassessthe toaccess,orinabilitytomanipulate effectsofan"asbestoshazard";or "electronicdata". (c) Ariseoutofanyclaimorsuitfor r.Employment-RelatedPractices damagesbecauseoftestingfor, monitoring,cleaningup,removing, "Bodilyinjury"or"personalandadvertising encapsulating,containing,treating, injury"to: detoxifyingorneutralizingorinany (1) Apersonarisingoutofany: wayrespondingtoorassessingthe (a) Refusaltoemploythatperson; effectsofan"asbestoshazard". (b) Terminationofthatperson's t.ViolationOfStatutesThatGovernE- employment;or Mails,Fax,PhoneCallsOrOther MethodsOfSendingMaterialOr (c) Employment-relatedpractices, Information policies,actsoromissions,suchas coercion,demotion,evaluation, "Bodilyinjury","propertydamage",or reassignment,discipline, "personalandadvertisinginjury"arising defamation,harassment,humiliation directlyorindirectlyoutofanyactionor ordiscriminationdirectedatthat omissionthatviolatesorisallegedto person;or violate: (2) Thespouse,child,parent,brotheror (1) TheTelephoneConsumerProtection sisterofthatpersonasa Act(TCPA),includinganyamendment consequenceof"bodilyinjury"or oforadditiontosuchlaw; "personalandadvertisinginjury"tothe (2) TheCAN-SPAMActof2003,including personatwhomanyofthe anyamendmentoforadditiontosuch employment-relatedpractices law;or (a)(b)(c) describedinParagraphs,,or (3) Anystatute,ordinanceorregulation, aboveisdirected. otherthantheTCPAorCAN-SPAMAct Thisexclusionapplies: of2003,thatprohibitsorlimitsthe (1) Whethertheinsuredmaybeliableas sending,transmitting,communicatingor anemployerorinanyothercapacity; distributionofmaterialorinformation. and DamageToPremisesRentedToYou– (2) Toanyobligationtosharedamages ExceptionForDamageByFire,Lightning withorrepaysomeoneelsewhomust orExplosion paydamagesbecauseoftheinjury. c.h.k.o. Exclusionsthroughandthroughdo s.Asbestos notapplytodamagebyfire,lightningor explosiontopremisesrentedtoyouor (1) "Bodilyinjury","propertydamage"or temporarilyoccupiedbyyouwithpermissionof "personalandadvertisinginjury" theowner.AseparateLimitofInsurance arisingoutofthe"asbestoshazard". appliestothiscoverageasdescribedin (2) Anydamages,judgments,settlements, D. Section-LiabilityAndMedicalExpenses loss,costsorexpensesthat: LimitsOfInsurance. FormSS00080405Page9of24 BUSINESSLIABILITYCOVERAGEFORM 2.ApplicableToMedicalExpensesCoveragee. Atrust,youareaninsured.Yourtrustees arealsoinsureds,butonlywithrespectto Wewillnotpayexpensesfor"bodilyinjury": theirdutiesastrustees. a.AnyInsured 2. Eachofthefollowingisalsoaninsured: Toanyinsured,except"volunteerworkers". a.EmployeesAndVolunteerWorkers b.HiredPerson Your"volunteerworkers"onlywhile Toapersonhiredtodoworkfororonbehalf performingdutiesrelatedtotheconductof ofanyinsuredoratenantofanyinsured. yourbusiness,oryour"employees",other c.InjuryOnNormallyOccupiedPremises thaneitheryour"executiveofficers"(ifyou Toapersoninjuredonthatpartof areanorganizationotherthana premisesyouownorrentthattheperson partnership,jointventureorlimitedliability normallyoccupies. company)oryourmanagers(ifyouarea limitedliabilitycompany),butonlyforacts d.Workers'CompensationAndSimilar withinthescopeoftheiremploymentby Laws youorwhileperformingdutiesrelatedto Toaperson,whetherornotan theconductofyourbusiness. "employee"ofanyinsured,ifbenefitsfor However,noneofthese"employees"or the"bodilyinjury"arepayableormustbe "volunteerworkers"areinsuredsfor: providedunderaworkers'compensation ordisabilitybenefitslaworasimilarlaw. (1) "Bodilyinjury"or"personaland advertisinginjury": e.AthleticsActivities (a) Toyou,toyourpartnersor Toapersoninjuredwhilepracticing, members(ifyouareapartnership instructingorparticipatinginanyphysical orjointventure),toyourmembers exercisesorgames,sportsorathletic (ifyouarealimitedliability contests. company),ortoaco-"employee" f.Products-CompletedOperationsHazard whileinthecourseofhisorher Includedwiththe"products-completed employmentorperformingduties operationshazard". relatedtotheconductofyour business,ortoyourother g.BusinessLiabilityExclusions "volunteerworkers"while ExcludedunderBusinessLiabilityCoverage. performingdutiesrelatedtothe C.WHOISANINSURED conductofyourbusiness; 1. IfyouaredesignatedintheDeclarationsas: (b) Tothespouse,child,parent, brotherorsisterofthatco- a. Anindividual,youandyourspouseare "employee"orthat"volunteer insureds,butonlywithrespecttothe worker"asaconsequenceof conductofabusinessofwhichyouarethe (1)(a) Paragraphabove; soleowner. (c) Forwhichthereisanyobligation b. Apartnershiporjointventure,youarean tosharedamageswithorrepay insured.Yourmembers,yourpartners,and someoneelsewhomustpay theirspousesarealsoinsureds,butonlywith damagesbecauseoftheinjury respecttotheconductofyourbusiness. (1)(a) describedinParagraphsor c. Alimitedliabilitycompany,youarean (b) above;or insured.Yourmembersarealsoinsureds, (d) Arisingoutofhisorherproviding butonlywithrespecttotheconductofyour orfailingtoprovideprofessional business.Yourmanagersareinsureds,but healthcareservices. onlywithrespecttotheirdutiesasyour managers. Ifyouarenotinthebusinessof providingprofessionalhealthcare d. Anorganizationotherthanapartnership, (d) services,Paragraphdoesnotapply jointventureorlimitedliabilitycompany,you toanynurse,emergencymedical areaninsured.Your"executiveofficers"and technicianorparamedicemployedby directorsareinsureds,butonlywithrespect youtoprovidesuchservices. totheirdutiesasyourofficersordirectors. Yourstockholdersarealsoinsureds,butonly (2) "Propertydamage"toproperty: withrespecttotheirliabilityasstockholders. (a) Owned,occupiedorusedby, Page10of24FormSS00080405 BUSINESSLIABILITYCOVERAGEFORM (b)b. Rentedto,inthecare,custodyorCoverageunderthisprovisiondoesnot controlof,oroverwhichphysicalapplyto: controlisbeingexercisedforany (1) "Bodilyinjury"or"propertydamage" purposebyyou,anyofyour thatoccurred;or "employees","volunteerworkers", (2) "Personalandadvertisinginjury" anypartnerormember(ifyouare arisingoutofanoffensecommitted apartnershiporjointventure),or beforeyouacquiredorformedthe anymember(ifyouarealimited organization. liabilitycompany). 4.OperatorOfMobileEquipment b.RealEstateManager Withrespectto"mobileequipment"registeredin Anyperson(otherthanyour"employee"or yournameunderanymotorvehicleregistration "volunteerworker"),oranyorganization law,anypersonisaninsuredwhiledrivingsuch whileactingasyourrealestatemanager. equipmentalongapublichighwaywithyour c.TemporaryCustodiansOfYour permission.Anyotherpersonororganization Property responsiblefortheconductofsuchpersonis Anypersonororganizationhavingproper alsoaninsured,butonlywithrespecttoliability temporarycustodyofyourpropertyifyou arisingoutoftheoperationoftheequipment,and die,butonly: onlyifnootherinsuranceofanykindisavailable (1) Withrespecttoliabilityarisingoutofthe tothatpersonororganizationforthisliability. maintenanceoruseofthatproperty;and However,nopersonororganizationisaninsured withrespectto: (2) Untilyourlegalrepresentativehas beenappointed. a. "Bodilyinjury"toaco-"employee"ofthe persondrivingtheequipment;or d.LegalRepresentativeIfYouDie b. "Propertydamage"topropertyownedby, Yourlegalrepresentativeifyoudie,but rentedto,inthechargeoforoccupiedby onlywithrespecttodutiesassuch.That youortheemployerofanypersonwhois representativewillhaveallyourrightsand aninsuredunderthisprovision. dutiesunderthisinsurance. 5.OperatorofNonownedWatercraft e.UnnamedSubsidiary Withrespecttowatercraftyoudonotownthat Anysubsidiaryandsubsidiarythereof,of islessthan51feetlongandisnotbeingused yourswhichisalegallyincorporatedentity tocarrypersonsforacharge,anypersonisan ofwhichyouownafinancialinterestof insuredwhileoperatingsuchwatercraftwith morethan50%ofthevotingstockonthe yourpermission.Anyotherpersonor effectivedateofthisCoveragePart. organizationresponsiblefortheconductof Theinsuranceaffordedhereinforany suchpersonisalsoaninsured,butonlywith subsidiarynotshownintheDeclarations respecttoliabilityarisingoutoftheoperation asanamedinsureddoesnotapplyto ofthewatercraft,andonlyifnoother injuryordamagewithrespecttowhichan insuranceofanykindisavailabletothat insuredunderthisinsuranceisalsoan personororganizationforthisliability. insuredunderanotherpolicyorwouldbe However,nopersonororganizationisan aninsuredundersuchpolicybutforits insuredwithrespectto: terminationorupontheexhaustionofits limitsofinsurance. a. "Bodilyinjury"toaco-"employee"ofthe personoperatingthewatercraft;or 3.NewlyAcquiredOrFormedOrganization b. "Propertydamage"topropertyownedby, Anyorganizationyounewlyacquireorform, rentedto,inthechargeoforoccupiedby otherthanapartnership,jointventureor youortheemployerofanypersonwhois limitedliabilitycompany,andoverwhichyou aninsuredunderthisprovision. maintainfinancialinterestofmorethan50%of thevotingstock,willqualifyasaNamed 6.AdditionalInsuredsWhenRequiredBy Insuredifthereisnoothersimilarinsurance WrittenContract,WrittenAgreementOr availabletothatorganization.However: Permit a. Coverageunderthisprovisionisafforded Theperson(s)ororganization(s)identifiedin onlyuntilthe180thdayafteryouacquire a.f. Paragraphsthroughbelowareadditional orformtheorganizationortheendofthe insuredswhenyouhaveagreed,inawritten policyperiod,whicheverisearlier;and FormSS00080405Page11of24 BUSINESSLIABILITYCOVERAGEFORM (e) contract,writtenagreementorbecauseofaAnyfailuretomakesuch permitissuedbyastateorpoliticalinspections,adjustments,testsor subdivision,thatsuchpersonororganizationservicingasthevendorhas beaddedasanadditionalinsuredonyouragreedtomakeornormally policy,providedtheinjuryordamageoccursundertakestomakeintheusual subsequenttotheexecutionofthecontractorcourseofbusiness,inconnection agreement,ortheissuanceofthepermit.withthedistributionorsaleofthe products; Apersonororganizationisanadditional (f) Demonstration,installation, insuredunderthisprovisiononlyforthat servicingorrepairoperations, periodoftimerequiredbythecontract, exceptsuchoperationsperformed agreementorpermit. atthevendor'spremisesin However,nosuchpersonororganizationisan connectionwiththesaleofthe additionalinsuredunderthisprovisionifsuch product; personororganizationisincludedasan (g) Productswhich,afterdistribution additionalinsuredbyanendorsementissued orsalebyyou,havebeenlabeled byusandmadeapartofthisCoveragePart, orrelabeledorusedasa includingallpersonsororganizationsadded container,partoringredientofany asadditionalinsuredsunderthespecific otherthingorsubstancebyorfor additionalinsuredcoveragegrantsinSection thevendor;or F. –OptionalAdditionalInsuredCoverages. (h) "Bodilyinjury"or"property a.Vendors damage"arisingoutofthesole Anyperson(s)ororganization(s)(referredto negligenceofthevendorforits belowasvendor),butonlywithrespectto ownactsoromissionsorthoseof "bodilyinjury"or"propertydamage"arising itsemployeesoranyoneelse outof"yourproducts"whicharedistributed actingonitsbehalf.However,this orsoldintheregularcourseofthevendor's exclusiondoesnotapplyto: businessandonlyifthisCoveragePart (i) Theexceptionscontainedin providescoveragefor"bodilyinjury"or (d)(f) Subparagraphsor;or "propertydamage"includedwithinthe (ii) "products-completedoperationshazard".Suchinspections,adjustments, testsorservicingasthevendor (1) Theinsuranceaffordedtothevendor hasagreedtomakeornormally issubjecttothefollowingadditional undertakestomakeintheusual exclusions: courseofbusiness,in Thisinsurancedoesnotapplyto: connectionwiththedistribution (a) "Bodilyinjury"or"property orsaleoftheproducts. damage"forwhichthevendoris (2) Thisinsurancedoesnotapplytoany obligatedtopaydamagesby insuredpersonororganizationfrom reasonoftheassumptionof whomyouhaveacquiredsuchproducts, liabilityinacontractoragreement. oranyingredient,partorcontainer, Thisexclusiondoesnotapplyto enteringinto,accompanyingor liabilityfordamagesthatthe containingsuchproducts. vendorwouldhaveintheabsence b.LessorsOfEquipment ofthecontractoragreement; (1) Anypersonororganizationfrom (b) Anyexpresswarranty whomyouleaseequipment;butonly unauthorizedbyyou; withrespecttotheirliabilityfor"bodily (c) Anyphysicalorchemicalchange injury","propertydamage"or intheproductmadeintentionally "personalandadvertisinginjury" bythevendor; caused,inwholeorinpart,byyour (d) Repackaging,exceptwhen maintenance,operationoruseof unpackedsolelyforthepurposeof equipmentleasedtoyoubysuch inspection,demonstration,testing, personororganization. orthesubstitutionofpartsunder instructionsfromthemanufacturer, andthenrepackagedinthe originalcontainer; Page12of24FormSS00080405 BUSINESSLIABILITYCOVERAGEFORM (2)e.PermitsIssuedByStateOrPolitical Withrespecttotheinsuranceafforded Subdivisions totheseadditionalinsureds,this insurancedoesnotapplytoany (1) Anystateorpoliticalsubdivision,but "occurrence"whichtakesplaceafter onlywithrespecttooperations youceasetoleasethatequipment. performedbyyouoronyourbehalffor c.LessorsOfLandOrPremises whichthestateorpoliticalsubdivision hasissuedapermit. (1) Anypersonororganizationfrom (2) whomyouleaselandorpremises,butWithrespecttotheinsuranceafforded onlywithrespecttoliabilityarisingouttotheseadditionalinsureds,this oftheownership,maintenanceoruseinsurancedoesnotapplyto: ofthatpartofthelandorpremises (a) "Bodilyinjury","propertydamage" leasedtoyou. or"personalandadvertising (2) Withrespecttotheinsuranceaffordedinjury"arisingoutofoperations totheseadditionalinsureds,thisperformedforthestateor insurancedoesnotapplyto:municipality;or (a)(b) Any"occurrence"whichtakes"Bodilyinjury"or"propertydamage" placeafteryouceasetoleasethatincludedwithinthe"products- landorbeatenantinthatcompletedoperationshazard". premises;or f.AnyOtherParty (b) Structuralalterations,new (1) Anyotherpersonororganizationwho constructionordemolition a. isnotaninsuredunderParagraphs operationsperformedbyoron e through.above,butonlywith behalfofsuchpersonor respecttoliabilityfor"bodilyinjury", organization. "propertydamage"or"personaland d.Architects,EngineersOrSurveyors advertisinginjury"caused,inwholeor inpart,byyouractsoromissionsor (1) Anyarchitect,engineer,orsurveyor,but theactsoromissionsofthoseacting onlywithrespecttoliabilityfor"bodily onyourbehalf: injury","propertydamage"or"personal (a) andadvertisinginjury"caused,inwholeIntheperformanceofyour orinpart,byyouractsoromissionsorongoingoperations; theactsoromissionsofthoseactingon (b) Inconnectionwithyourpremises yourbehalf: ownedbyorrentedtoyou;or (a) Inconnectionwithyourpremises; (c) Inconnectionwith"yourwork"and or includedwithinthe"products- (b) Intheperformanceofyourcompletedoperationshazard",but ongoingoperationsperformedbyonlyif youoronyourbehalf. (i) Thewrittencontractorwritten (2) Withrespecttotheinsuranceaffordedagreementrequiresyouto totheseadditionalinsureds,theprovidesuchcoverageto followingadditionalexclusionapplies:suchadditionalinsured;and (ii) ThisinsurancedoesnotapplytoThisCoveragePartprovides "bodilyinjury","propertydamage"orcoveragefor"bodilyinjury"or "personalandadvertisinginjury""propertydamage"included arisingoutoftherenderingoforthewithinthe"products- failuretorenderanyprofessionalcompletedoperationshazard". servicesbyorforyou,including: (2) Withrespecttotheinsuranceafforded (a) Thepreparing,approving,ortotheseadditionalinsureds,this failuretoprepareorapprove,insurancedoesnotapplyto: maps,shopdrawings,opinions, "Bodilyinjury","propertydamage"or reports,surveys,fieldorders, "personalandadvertisinginjury" changeorders,designsor arisingoutoftherenderingof,orthe drawingsandspecifications;or failuretorender,anyprofessional (b) Supervisory,inspection,architectural,engineeringorsurveying architecturalorengineeringservices,including: activities. FormSS00080405Page13of24 BUSINESSLIABILITYCOVERAGEFORM (a) Thepreparing,approving,orThisGeneralAggregatelimitdoesnot failuretoprepareorapprove,applyto"propertydamage"topremises maps,shopdrawings,opinions,whilerentedtoyouortemporarily reports,surveys,fieldorders,occupiedbyyouwithpermissionofthe changeorders,designsorowner,arisingoutoffire,lightningor drawingsandspecifications;orexplosion. (b)3.EachOccurrenceLimit Supervisory,inspection, architecturalorengineering 2.a.2.b Subjecttoorabove,whichever activities. applies,themostwewillpayforthesumofall Thelimitsofinsurancethatapplytoadditionaldamagesbecauseofall"bodilyinjury", D. insuredsaredescribedinSection–Limits"propertydamage"andmedicalexpenses OfInsurance.arisingoutofanyone"occurrence"isthe LiabilityandMedicalExpensesLimitshownin Howthisinsuranceapplieswhenother theDeclarations. insuranceisavailabletoanadditionalinsured isdescribedintheOtherInsuranceConditionThemostwewillpayforallmedicalexpenses E. inSection–LiabilityAndMedicalExpensesbecauseof"bodilyinjury"sustainedbyany GeneralConditions.onepersonistheMedicalExpensesLimit shownintheDeclarations. Nopersonororganizationisaninsuredwith 4.PersonalAndAdvertisingInjuryLimit respecttotheconductofanycurrentorpast partnership,jointventureorlimitedliability 2.b. Subjecttoabove,themostwewillpayfor companythatisnotshownasaNamedInsuredin thesumofalldamagesbecauseofall theDeclarations. "personalandadvertisinginjury"sustainedby anyonepersonororganizationisthePersonal D.LIABILITYANDMEDICALEXPENSES andAdvertisingInjuryLimitshowninthe LIMITSOFINSURANCE Declarations. 1.TheMostWeWillPay 5.DamageToPremisesRentedToYouLimit TheLimitsofInsuranceshowninthe TheDamageToPremisesRentedToYou Declarationsandtherulesbelowfixthemost LimitisthemostwewillpayunderBusiness wewillpayregardlessofthenumberof: LiabilityCoveragefordamagesbecauseof a. Insureds; "propertydamage"toanyonepremises,while b. Claimsmadeor"suits"brought;or rentedtoyou,orinthecaseofdamagebyfire, lightningorexplosion,whilerentedtoyouor c. Personsororganizationsmakingclaimsor temporarilyoccupiedbyyouwithpermissionof bringing"suits". theowner. 2.AggregateLimits Inthecaseofdamagebyfire,lightningor Themostwewillpayfor: explosion,theDamagetoPremisesRentedTo a. Damagesbecauseof"bodilyinjury"and YouLimitappliestoalldamageproximately "propertydamage"includedinthe causedbythesameevent,whethersuch "products-completedoperationshazard"is damageresultsfromfire,lightningorexplosion theProducts-CompletedOperations oranycombinationofthese. AggregateLimitshowninthe 6.HowLimitsApplyToAdditionalInsureds Declarations. Themostwewillpayonbehalfofapersonor b. Damagesbecauseofallother"bodily organizationwhoisanadditionalinsured injury","propertydamage"or"personal underthisCoveragePartisthelesserof: andadvertisinginjury",includingmedical a. Thelimitsofinsurancespecifiedina expenses,istheGeneralAggregateLimit writtencontract,writtenagreementor shownintheDeclarations. permitissuedbyastateorpolitical ThisGeneralAggregateLimitapplies subdivision;or separatelytoeachofyour"locations" b. TheLimitsofInsuranceshowninthe ownedbyorrentedtoyou. Declarations. "Location"meanspremisesinvolvingthe Suchamountshallbeapartofandnotin sameorconnectinglots,orpremises additiontotheLimitsofInsuranceshownin whoseconnectionisinterruptedonlybya theDeclarationsanddescribedinthisSection. street,roadwayorright-of-wayofa railroad. Page14of24FormSS00080405 BUSINESSLIABILITYCOVERAGEFORM (1) IfmorethanonelimitofinsuranceunderthisImmediatelysenduscopiesofany policyandanyendorsementsattachedtheretodemands,notices,summonsesor appliestoanyclaimor"suit",themostwewillpaylegalpapersreceivedinconnection underthispolicyandtheendorsementsisthewiththeclaimor"suit"; singlehighestlimitofliabilityofallcoverages (2) Authorizeustoobtainrecordsand applicabletosuchclaimor"suit".However,this otherinformation; paragraphdoesnotapplytotheMedicalExpenses (3) Cooperatewithusintheinvestigation, 3. limitsetforthinParagraphabove. settlementoftheclaimordefense TheLimitsofInsuranceofthisCoveragePartapply againstthe"suit";and separatelytoeachconsecutiveannualperiodandto (4) Assistus,uponourrequest,inthe anyremainingperiodoflessthan12months,starting enforcementofanyrightagainstany withthebeginningofthepolicyperiodshowninthe personororganizationthatmaybe Declarations,unlessthepolicyperiodisextended liabletotheinsuredbecauseofinjury afterissuanceforanadditionalperiodoflessthan12 ordamagetowhichthisinsurance months.Inthatcase,theadditionalperiodwillbe mayalsoapply. deemedpartofthelastprecedingperiodforpurposes d.ObligationsAtTheInsured'sOwnCost ofdeterminingtheLimitsofInsurance. Noinsuredwill,exceptatthatinsured'sown E.LIABILITYANDMEDICALEXPENSES cost,voluntarilymakeapayment,assume GENERALCONDITIONS anyobligation,orincuranyexpense,other thanforfirstaid,withoutourconsent. 1.Bankruptcy e.AdditionalInsured'sOtherInsurance Bankruptcyorinsolvencyoftheinsuredorof theinsured'sestatewillnotrelieveusofour Ifwecoveraclaimor"suit"underthis obligationsunderthisCoveragePart. CoveragePartthatmayalsobecovered byotherinsuranceavailabletoan 2.DutiesInTheEventOfOccurrence, additionalinsured,suchadditionalinsured Offense,ClaimOrSuit mustsubmitsuchclaimor"suit"tothe a.NoticeOfOccurrenceOrOffense otherinsurerfordefenseandindemnity. Youoranyadditionalinsuredmustseeto However,thisprovisiondoesnotapplyto itthatwearenotifiedassoonas theextentthatyouhaveagreedina practicableofan"occurrence"oran writtencontract,writtenagreementor offensewhichmayresultinaclaim.To permitthatthisinsuranceisprimaryand theextentpossible,noticeshouldinclude: non-contributorywiththeadditional (1) How,whenandwherethe"occurrence" insured'sowninsurance. oroffensetookplace; f.KnowledgeOfAnOccurrence,Offense, (2) Thenamesandaddressesofany ClaimOrSuit injuredpersonsandwitnesses;and a.b. Paragraphsandapplytoyouorto (3) Thenatureandlocationofanyinjury anyadditionalinsuredonlywhensuch ordamagearisingoutofthe "occurrence",offense,claimor"suit"is "occurrence"oroffense. knownto: b.NoticeOfClaim (1) Youoranyadditionalinsuredthatis anindividual; Ifaclaimismadeor"suit"isbrought againstanyinsured,youoranyadditional (2) Anypartner,ifyouoranadditional insuredmust: insuredisapartnership; (1) Immediatelyrecordthespecificsofthe (3) Anymanager,ifyouoranadditional claimor"suit"andthedatereceived; insuredisalimitedliabilitycompany; and (4) Any"executiveofficer"orinsurance (2) Notifyusassoonaspracticable. manager,ifyouoranadditional insuredisacorporation; Youoranyadditionalinsuredmustseeto itthatwereceiveawrittennoticeofthe (5) Anytrustee,ifyouoranadditional claimor"suit"assoonaspracticable. insuredisatrust;or c.AssistanceAndCooperationOfThe (6) Anyelectedorappointedofficial,ifyou Insured oranadditionalinsuredisapolitical subdivisionorpublicentity. Youandanyotherinvolvedinsuredmust: FormSS00080405Page15of24 BUSINESSLIABILITYCOVERAGEFORM f.(3) ThisParagraphappliesseparatelytoWehaveissuedthispolicyinreliance youandanyadditionalinsured.uponyourrepresentations. 3.FinancialResponsibilityLawsb.UnintentionalFailureToDisclose Hazards a. Whenthispolicyiscertifiedasproofof financialresponsibilityforthefutureunder Ifunintentionallyyoushouldfailtodisclose theprovisionsofanymotorvehicle allhazardsrelatingtotheconductofyour financialresponsibilitylaw,theinsurance businessattheinceptiondateofthis providedbythepolicyfor"bodilyinjury" CoveragePart,weshallnotdenyany liabilityand"propertydamage"liabilitywill coverageunderthisCoveragePart complywiththeprovisionsofthelawto becauseofsuchfailure. theextentofthecoverageandlimitsof 7.OtherInsurance insurancerequiredbythatlaw. Ifothervalidandcollectibleinsuranceis b. Withrespectto"mobileequipment"to availableforalosswecoverunderthis whichthisinsuranceapplies,wewill CoveragePart,ourobligationsarelimitedas provideanyliability,uninsuredmotorists, follows: underinsuredmotorists,no-faultorother a.PrimaryInsurance coveragerequiredbyanymotorvehicle b. law.WewillprovidetherequiredlimitsforThisinsuranceisprimaryexceptwhen thosecoverages.belowapplies.Ifotherinsuranceisalso primary,wewillsharewithallthatother 4.LegalActionAgainstUs c. insurancebythemethoddescribedin Nopersonororganizationhasarightunder below. thisCoverageForm: b.ExcessInsurance a. Tojoinusasapartyorotherwisebringus Thisinsuranceisexcessoveranyofthe intoa"suit"askingfordamagesfroman otherinsurance,whetherprimary,excess, insured;or contingentoronanyotherbasis: b. TosueusonthisCoverageFormunless (1)YourWork allofitstermshavebeenfullycomplied with. ThatisFire,ExtendedCoverage, Builder'sRisk,InstallationRiskor Apersonororganizationmaysueustorecover similarcoveragefor"yourwork"; onanagreedsettlementoronafinaljudgment againstaninsured;butwewillnotbeliablefor (2)PremisesRentedToYou damagesthatarenotpayableunderthetermsof Thatisfire,lightningorexplosion thisinsuranceorthatareinexcessofthe insuranceforpremisesrentedtoyou applicablelimitofinsurance.Anagreed ortemporarilyoccupiedbyyouwith settlementmeansasettlementandreleaseof permissionoftheowner; liabilitysignedbyus,theinsuredandthe (3)TenantLiability claimantortheclaimant'slegalrepresentative. Thatisinsurancepurchasedbyyouto 5.SeparationOfInsureds coveryourliabilityasatenantfor ExceptwithrespecttotheLimitsofInsurance, "propertydamage"topremisesrented andanyrightsordutiesspecificallyassigned toyouortemporarilyoccupiedbyyou inthispolicytothefirstNamedInsured,this withpermissionoftheowner; insuranceapplies: (4)Aircraft,AutoOrWatercraft a. AsifeachNamedInsuredweretheonly Ifthelossarisesoutofthemaintenance NamedInsured;and oruseofaircraft,"autos"orwatercraftto b. Separatelytoeachinsuredagainstwhom g. theextentnotsubjecttoExclusionof aclaimismadeor"suit"isbrought. A. Section–Coverages. 6.Representations (5)PropertyDamageToBorrowed a.WhenYouAcceptThisPolicy EquipmentOrUseOfElevators Byacceptingthispolicy,youagree: Ifthelossarisesoutof"property damage"toborrowedequipmentor (1) ThestatementsintheDeclarations theuseofelevatorstotheextentnot areaccurateandcomplete; k.A. subjecttoExclusionofSection– (2) Thosestatementsarebasedupon Coverages. representationsyoumadetous;and Page16of24FormSS00080405 BUSINESSLIABILITYCOVERAGEFORM (6)WhenYouAreAddedAsAn Whenthisinsuranceisexcessoverother AdditionalInsuredToOther insurance,wewillpayonlyourshareof Insurance theamountoftheloss,ifany,that exceedsthesumof: Thatisotherinsuranceavailableto (1) youcoveringliabilityfordamagesThetotalamountthatallsuchother arisingoutofthepremisesorinsurancewouldpayforthelossinthe operations,orproductsandcompletedabsenceofthisinsurance;and operations,forwhichyouhavebeen (2) Thetotalofalldeductibleandself- addedasanadditionalinsuredbythat insuredamountsunderallthatother insurance;or insurance. (7)WhenYouAddOthersAsAn Wewillsharetheremainingloss,ifany,with AdditionalInsuredToThis anyotherinsurancethatisnotdescribedin Insurance thisExcessInsuranceprovisionandwasnot Thatisotherinsuranceavailabletoanboughtspecificallytoapplyinexcessofthe additionalinsured.LimitsofInsuranceshowninthe DeclarationsofthisCoveragePart. However,thefollowingprovisions c.MethodOfSharing applytootherinsuranceavailableto anypersonororganizationwhoisan Ifalltheotherinsurancepermits additionalinsuredunderthisCoverage contributionbyequalshares,wewillfollow Part: thismethodalso.Underthisapproach, (a)PrimaryInsuranceWhen eachinsurercontributesequalamounts RequiredByContract untilithaspaiditsapplicablelimitof insuranceornoneofthelossremains, Thisinsuranceisprimaryifyou whichevercomesfirst. haveagreedinawrittencontract, writtenagreementorpermitthatIfanyoftheotherinsurancedoesnotpermit thisinsurancebeprimary.Ifothercontributionbyequalshares,wewill insuranceisalsoprimary,wewillcontributebylimits.Underthismethod,each sharewithallthatotherinsuranceinsurer’sshareisbasedontheratioofits c. bythemethoddescribedinapplicablelimitofinsurancetothetotal below.applicablelimitsofinsuranceofallinsurers. (b)PrimaryAndNon-Contributory8.TransferOfRightsOfRecoveryAgainst ToOtherInsuranceWhenOthersToUs RequiredByContract a.TransferOfRightsOfRecovery Ifyouhaveagreedinawritten Iftheinsuredhasrightstorecoverallor contract,writtenagreementor partofanypayment,including permitthatthisinsuranceis SupplementaryPayments,wehavemade primaryandnon-contributorywith underthisCoveragePart,thoserightsare theadditionalinsured'sown transferredtous.Theinsuredmustdo insurance,thisinsuranceis nothingafterlosstoimpairthem.Atour primaryandwewillnotseek request,theinsuredwillbring"suit"or contributionfromthatother transferthoserightstousandhelpus insurance. enforcethem.Thisconditiondoesnot (a)(b) ParagraphsanddonotapplytoapplytoMedicalExpensesCoverage. otherinsurancetowhichtheadditional b.WaiverOfRightsOfRecovery(Waiver insuredhasbeenaddedasan OfSubrogation) additionalinsured. Iftheinsuredhaswaivedanyrightsof Whenthisinsuranceisexcess,wewill recoveryagainstanypersonor havenodutyunderthisCoveragePartto organizationforallorpartofanypayment, defendtheinsuredagainstany"suit"ifany includingSupplementaryPayments,we otherinsurerhasadutytodefendthe havemadeunderthisCoveragePart,we insuredagainstthat"suit".Ifnoother alsowaivethatright,providedtheinsured insurerdefends,wewillundertaketodo waivedtheirrightsofrecoveryagainst so,butwewillbeentitledtotheinsured's suchpersonororganizationinacontract, rightsagainstallthoseotherinsurers. agreementorpermitthatwasexecuted priortotheinjuryordamage. FormSS00080405Page17of24 BUSINESSLIABILITYCOVERAGEFORM 3.AdditionalInsured-GrantorOfFranchise F.OPTIONALADDITIONALINSURED C. WHOISANINSUREDunderSectionis COVERAGES amendedtoincludeasanadditionalinsured IflistedorshownasapplicableintheDeclarations, theperson(s)ororganization(s)showninthe oneormoreofthefollowingOptionalAdditional DeclarationsasanAdditionalInsured- InsuredCoveragesalsoapply.Whenanyofthese GrantorOfFranchise,butonlywithrespectto OptionalAdditionalInsuredCoveragesapply, theirliabilityasgrantoroffranchisetoyou. 6. Paragraph(AdditionalInsuredsWhenRequired 4.AdditionalInsured-LessorOfLeased byWrittenContract,WrittenAgreementorPermit) Equipment C. ofSection,WhoIsAnInsured,doesnotapply tothepersonororganizationshowninthe a.C. WHOISANINSUREDunderSectionis Declarations.Thesecoveragesaresubjecttothe amendedtoincludeasanadditional termsandconditionsapplicabletoBusiness insuredtheperson(s)ororganization(s) LiabilityCoverageinthispolicy,exceptas shownintheDeclarationsasanAdditional providedbelow: Insured–LessorofLeasedEquipment, butonlywithrespecttoliabilityfor"bodily 1.AdditionalInsured-DesignatedPersonOr injury","propertydamage"or"personal Organization andadvertisinginjury"caused,inwholeor C. WHOISANINSUREDunderSectionis inpart,byyourmaintenance,operationor amendedtoincludeasanadditionalinsured useofequipmentleasedtoyoubysuch theperson(s)ororganization(s)showninthe person(s)ororganization(s). Declarations,butonlywithrespecttoliability b. Withrespecttotheinsuranceaffordedto for"bodilyinjury","propertydamage"or theseadditionalinsureds,thisinsurance "personalandadvertisinginjury"caused,in doesnotapplytoany"occurrence"which wholeorinpart,byyouractsoromissionsor takesplaceafteryouceasetoleasethat theactsoromissionsofthoseactingonyour equipment. behalf: 5.AdditionalInsured-OwnersOrOther a. Intheperformanceofyourongoing InterestsFromWhomLandHasBeen operations;or Leased b. Inconnectionwithyourpremisesowned a.C. WHOISANINSUREDunderSectionis byorrentedtoyou. amendedtoincludeasanadditional 2.AdditionalInsured-ManagersOrLessors insuredtheperson(s)ororganization(s) OfPremises shownintheDeclarationsasanAdditional a.C. WHOISANINSUREDunderSectionis Insured–OwnersOrOtherInterestsFrom amendedtoincludeasanadditionalinsured WhomLandHasBeenLeased,butonly theperson(s)ororganization(s)showninthe withrespecttoliabilityarisingoutofthe DeclarationsasanAdditionalInsured- ownership,maintenanceoruseofthatpart DesignatedPersonOrOrganization;butonly ofthelandleasedtoyouandshowninthe withrespecttoliabilityarisingoutofthe Declarations. ownership,maintenanceoruseofthatpartof b. Withrespecttotheinsuranceaffordedto thepremisesleasedtoyouandshowninthe theseadditionalinsureds,thefollowing Declarations. additionalexclusionsapply: b. Withrespecttotheinsuranceaffordedto Thisinsurancedoesnotapplyto: theseadditionalinsureds,thefollowing (1) Any"occurrence"thattakesplace additionalexclusionsapply: afteryouceasetoleasethatland;or Thisinsurancedoesnotapplyto: (2) Structuralalterations,new (1) Any"occurrence"whichtakesplace constructionordemolitionoperations afteryouceasetobeatenantinthat performedbyoronbehalfofsuch premises;or personororganization. (2) Structuralalterations,new 6.AdditionalInsured-StateOrPolitical constructionordemolitionoperations Subdivision–Permits performedbyoronbehalfofsuch a.C. WHOISANINSUREDunderSectionis personororganization. amendedtoincludeasanadditional insuredthestateorpoliticalsubdivision shownintheDeclarationsasanAdditional Page18of24FormSS00080405 BUSINESSLIABILITYCOVERAGEFORM (e) Insured–StateOrPoliticalSubdivision-Anyfailuretomakesuch Permits,butonlywithrespecttoinspections,adjustments,testsor operationsperformedbyyouoronyourservicingasthevendorhasagreed behalfforwhichthestateorpoliticaltomakeornormallyundertakesto subdivisionhasissuedapermit.makeintheusualcourseof business,inconnectionwiththe b. Withrespecttotheinsuranceaffordedto distributionorsaleoftheproducts; theseadditionalinsureds,thefollowing (f) Demonstration,installation, additionalexclusionsapply: servicingorrepairoperations, Thisinsurancedoesnotapplyto: exceptsuchoperationsperformed (1) "Bodilyinjury","propertydamage"or atthevendor'spremisesin "personalandadvertisinginjury" connectionwiththesaleofthe arisingoutofoperationsperformedfor product; thestateormunicipality;or (g) Productswhich,afterdistribution (2) "Bodilyinjury"or"propertydamage" orsalebyyou,havebeenlabeled includedinthe"product-completed orrelabeledorusedasa operations"hazard. container,partoringredientofany 7.AdditionalInsured–Vendors otherthingorsubstancebyorfor thevendor;or a.C. WHOISANINSUREDunderSectionis amendedtoincludeasanadditional (h) "Bodilyinjury"or"property insuredtheperson(s)ororganization(s) damage"arisingoutofthesole (referredtobelowasvendor)showninthe negligenceofthevendorforits DeclarationsasanAdditionalInsured- ownactsoromissionsorthoseof Vendor,butonlywithrespectto"bodily itsemployeesoranyoneelse injury"or"propertydamage"arisingoutof actingonitsbehalf.However,this "yourproducts"whicharedistributedor exclusiondoesnotapplyto: soldintheregularcourseofthevendor's (i) Theexceptionscontainedin businessandonlyifthisCoveragePart (d)(f) Subparagraphsor;or providescoveragefor"bodilyinjury"or (ii) Suchinspections, "propertydamage"includedwithinthe adjustments,testsorservicing "products-completedoperationshazard". asthevendorhasagreedto b. Theinsuranceaffordedtothevendoris makeornormallyundertakes subjecttothefollowingadditionalexclusions: tomakeintheusualcourseof (1) Thisinsurancedoesnotapplyto: business,inconnectionwith thedistributionorsaleofthe (a) "Bodilyinjury"or"property products. damage"forwhichthevendoris obligatedtopaydamagesby (2) Thisinsurancedoesnotapplytoany reasonoftheassumptionof insuredpersonororganizationfrom liabilityinacontractoragreement. whomyouhaveacquiredsuch Thisexclusiondoesnotapplyto products,oranyingredient,partor liabilityfordamagesthatthe container,enteringinto, vendorwouldhaveintheabsence accompanyingorcontainingsuch ofthecontractoragreement; products. (b) Anyexpresswarranty 8.AdditionalInsured–ControllingInterest unauthorizedbyyou; C. WHOISANINSUREDunderSectionis (c) Anyphysicalorchemicalchange amendedtoincludeasanadditionalinsured intheproductmadeintentionally theperson(s)ororganization(s)showninthe bythevendor; DeclarationsasanAdditionalInsured– ControllingInterest,butonlywithrespectto (d) Repackaging,unlessunpacked theirliabilityarisingoutof: solelyforthepurposeofinspection, demonstration,testing,orthe a. Theirfinancialcontrolofyou;or substitutionofpartsunder b. Premisestheyown,maintainorcontrol instructionsfromthemanufacturer, whileyouleaseoroccupythesepremises. andthenrepackagedintheoriginal container; FormSS00080405Page19of24 BUSINESSLIABILITYCOVERAGEFORM ThisinsurancedoesnotapplytostructuralThelimitsofinsurancethatapplytoadditional D. alterations,newconstructionanddemolitioninsuredsaredescribedinSection–LimitsOf operationsperformedbyorforthatpersonorInsurance. organization. Howthisinsuranceapplieswhenotherinsurance 9.AdditionalInsured–Owners,LesseesOr isavailabletoanadditionalinsuredisdescribedin Contractors–ScheduledPersonOr E. theOtherInsuranceConditioninSection– Organization LiabilityAndMedicalExpensesGeneral Conditions. a.C. WHOISANINSUREDunderSectionis amendedtoincludeasanadditional G.LIABILITYANDMEDICALEXPENSES insuredtheperson(s)ororganization(s) DEFINITIONS shownintheDeclarationsasanAdditional 1. "Advertisement"meansthewidespreadpublic Insured–Owner,LesseesOrContractors, disseminationofinformationorimagesthat butonlywithrespecttoliabilityfor"bodily hasthepurposeofinducingthesaleofgoods, injury","propertydamage"or"personal productsorservicesthrough: andadvertisinginjury"caused,inwholeor inpart,byyouractsoromissionsorthe a.(1) Radio; actsoromissionsofthoseactingonyour (2) Television; behalf: (3) Billboard; (1) Intheperformanceofyourongoing (4) Magazine; operationsfortheadditional (5) Newspaper; insured(s);or b. TheInternet,butonlythatpartofaweb (2) Inconnectionwith"yourwork" sitethatisaboutgoods,productsor performedforthatadditionalinsured servicesforthepurposesofinducingthe andincludedwithinthe"products- saleofgoods,productsorservices;or completedoperationshazard",but c. Anyotherpublicationthatisgiven onlyifthisCoveragePartprovides widespreadpublicdistribution. coveragefor"bodilyinjury"or "propertydamage"includedwithinthe However,"advertisement"doesnotinclude: "products-completedoperations a. Thedesign,printedmaterial,information hazard". orimagescontainedin,onoruponthe b. Withrespecttotheinsuranceaffordedto packagingorlabelingofanygoodsor theseadditionalinsureds,thisinsurance products;or doesnotapplyto"bodilyinjury","property b. Aninteractiveconversationbetweenor damage"or"personalanadvertising amongpersonsthroughacomputernetwork. injury"arisingoutoftherenderingof,or 2. "Advertisingidea"meansanyideaforan thefailuretorender,anyprofessional "advertisement". architectural,engineeringorsurveying services,including: 3. "Asbestoshazard"meansanexposureor threatofexposuretotheactualoralleged (1) Thepreparing,approving,orfailureto propertiesofasbestosandincludesthemere prepareorapprove,maps,shop presenceofasbestosinanyform. drawings,opinions,reports,surveys, fieldorders,changeorders,designsor 4. "Auto"meansalandmotorvehicle,traileror drawingsandspecifications;or semi-trailerdesignedfortravelonpublic roads,includinganyattachedmachineryor (2) Supervisory,inspection,architectural equipment.But"auto"doesnotinclude orengineeringactivities. "mobileequipment". 10.AdditionalInsured–Co-OwnerOfInsured 5. "Bodilyinjury"meansphysical: Premises a. Injury; C. WHOISANINSUREDunderSectionis amendedtoincludeasanadditionalinsured b. Sickness;or theperson(s)orOrganization(s)showninthe c. Disease DeclarationsasanAdditionalInsured–Co- sustainedbyapersonand,ifarisingoutofthe OwnerOfInsuredPremises,butonlywith above,mentalanguishordeathatanytime. respecttotheirliabilityasco-ownerofthe premisesshownintheDeclarations. 6. "Coverageterritory"means: Page20of24FormSS00080405 BUSINESSLIABILITYCOVERAGEFORM a.b. TheUnitedStatesofAmerica(includingitsYouhavefailedtofulfillthetermsofa territoriesandpossessions),PuertoRicocontractoragreement; andCanada; ifsuchpropertycanberestoredtouseby: b. Internationalwatersorairspace,butonlyif a. Therepair,replacement,adjustmentor theinjuryordamageoccursinthecourse removalof"yourproduct"or"yourwork"; oftravelortransportationbetweenany or a. placesincludedinabove; b. Yourfulfillingthetermsofthecontractor c. Allotherpartsoftheworldiftheinjuryor agreement. damagearisesoutof: 12. "Insuredcontract"means: (1) Goodsorproductsmadeorsoldbyyou a .Acontractforaleaseofpremises. a. intheterritorydescribedinabove; However,thatportionofthecontractfora (2) Theactivitiesofapersonwhosehome leaseofpremisesthatindemnifiesany a isintheterritorydescribedin. personororganizationfordamagebyfire, above,butisawayforashorttimeon lightningorexplosiontopremiseswhile yourbusiness;or rentedtoyouortemporarilyoccupiedby (3) "Personalandadvertisinginjury"youwithpermissionoftheowneris offensesthattakeplacethroughthesubjecttotheDamageToPremises InternetorsimilarelectronicmeansofRentedToYoulimitdescribedinSection D. communication–LiabilityandMedicalExpensesLimits ofInsurance. providedtheinsured'sresponsibilitytopay b. damagesisdeterminedintheUnitedStatesofAsidetrackagreement; America(includingitsterritoriesand c. Anyeasementorlicenseagreement, possessions),PuertoRicoorCanada,ina includinganeasementorlicense "suit"onthemeritsaccordingtothe agreementinconnectionwithconstruction substantivelawinsuchterritory,orina ordemolitionoperationsonorwithin50 settlementweagreeto. feetofarailroad; 7. "Electronicdata"meansinformation,factsor d. Anyobligation,asrequiredbyordinance, programs: toindemnifyamunicipality,exceptin a. Storedasoron;connectionwithworkforamunicipality; b. Createdorusedon;or e. Anelevatormaintenanceagreement;or c. Transmittedtoorfrom f. Thatpartofanyothercontractor agreementpertainingtoyourbusiness computersoftware,includingsystemsand (includinganindemnificationofa applicationssoftware,hardorfloppydisks, municipalityinconnectionwithwork CD-ROMS,tapes,drives,cells,data performedforamunicipality)underwhich processingdevicesoranyothermediawhich youassumethetortliabilityofanother areusedwithelectronicallycontrolled partytopayfor"bodilyinjury"or"property equipment. damage"toathirdpersonororganization, 8. "Employee"includesa"leasedworker". providedthe"bodilyinjury"or"property "Employee"doesnotincludea"temporary damage"iscaused,inwholeorinpart,by worker". youorbythoseactingonyourbehalf. 9. "Executiveofficer"meansapersonholding Tortliabilitymeansaliabilitythatwouldbe anyoftheofficerpositionscreatedbyyour imposedbylawintheabsenceofany charter,constitution,by-lawsoranyother contractoragreement. similargoverningdocument. f. Paragraphincludesthatpartofany 10. "Hostilefire"meansonewhichbecomes contractoragreementthatindemnifiesa uncontrollableorbreaksoutfromwhereitwas railroadfor"bodilyinjury"or"property intendedtobe. damage"arisingoutofconstructionor demolitionoperationswithin50feetofany 11. "Impairedproperty"meanstangibleproperty, railroadpropertyandaffectinganyrailroad otherthan"yourproduct"or"yourwork",that bridgeortrestle,tracks,road-beds,tunnel, cannotbeusedorislessusefulbecause: underpassorcrossing. a. Itincorporates"yourproduct"or"yourwork" f. However,Paragraphdoesnotinclude thatisknownorthoughttobedefective, thatpartofanycontractoragreement: deficient,inadequateordangerous;or FormSS00080405Page21of24 BUSINESSLIABILITYCOVERAGEFORM (1)(1) Thatindemnifiesanarchitect,Powercranes,shovels,loaders, engineerorsurveyorforinjuryordiggersordrills;or damagearisingoutof: (2) Roadconstructionorresurfacing (a) Preparing,approvingorfailingtoequipmentsuchasgraders,scrapers prepareorapprovemaps,shoporrollers; drawings,opinions,reports, e.a.b.c.d. Vehiclesnotdescribedin,,,or surveys,fieldorders,change abovethatarenotself-propelledandare orders,designsordrawingsand maintainedprimarilytoprovidemobilityto specifications;or permanentlyattachedequipmentofthe (b) Givingdirectionsorinstructions,followingtypes: orfailingtogivethem,ifthatisthe (1) Aircompressors,pumpsand primarycauseoftheinjuryor generators,includingspraying, damage;or welding,buildingcleaning, (2) Underwhichtheinsured,ifangeophysicalexploration,lightingand architect,engineerorsurveyor,wellservicingequipment;or assumesliabilityforaninjuryor (2) Cherrypickersandsimilardevices damagearisingoutoftheinsured's usedtoraiseorlowerworkers; renderingorfailuretorender f.a.b.c.d. Vehiclesnotdescribedin,,,or professionalservices,includingthose abovemaintainedprimarilyforpurposes (1) listedinaboveandsupervisory, otherthanthetransportationofpersonsor inspection,architecturalor cargo. engineeringactivities. However,self-propelledvehicleswiththe 13. "Leasedworker"meansapersonleasedto followingtypesofpermanentlyattached youbyalaborleasingfirmunderan equipmentarenot"mobileequipment"but agreementbetweenyouandthelaborleasing willbeconsidered"autos": firm,toperformdutiesrelatedtotheconductof (1) Equipment,ofatleast1,000pounds yourbusiness."Leasedworker"doesnot grossvehicleweight,designed includea"temporaryworker". primarilyfor: 14. "Loadingorunloading"meansthehandlingof (a) Snowremoval; property: (b) Roadmaintenance,butnot a. Afteritismovedfromtheplacewhereitis constructionorresurfacing;or acceptedformovementintoorontoan aircraft,watercraftor"auto"; (c) Streetcleaning; b. Whileitisinoronanaircraft,watercraftor (2) Cherrypickersandsimilardevices "auto";or mountedonautomobileortruck chassisandusedtoraiseorlower c. Whileitisbeingmovedfromanaircraft, workers;and watercraftor"auto"totheplacewhereitis finallydelivered; (3) Aircompressors,pumpsand generators,includingspraying, but"loadingorunloading"doesnotincludethe welding,buildingcleaning, movementofpropertybymeansofamechanical geophysicalexploration,lightingand device,otherthanahandtruck,thatisnot wellservicingequipment. attachedtotheaircraft,watercraftor"auto". 16. "Occurrence"meansanaccident,including 15. "Mobileequipment"meansanyofthefollowing continuousorrepeatedexposuretosubstantially typesoflandvehicles,includinganyattached thesamegeneralharmfulconditions. machineryorequipment: 17. "Personalandadvertisinginjury"meansinjury, a. Bulldozers,farmmachinery,forkliftsand includingconsequential"bodilyinjury",arising othervehiclesdesignedforuseprincipally outofoneormoreofthefollowingoffenses: offpublicroads; a. Falsearrest,detentionorimprisonment; b. Vehiclesmaintainedforusesolelyonor nexttopremisesyouownorrent; b. Maliciousprosecution; c. Vehiclesthattraveloncrawlertreads; d. Vehicles,whetherself-propelledornot,on whicharepermanentlymounted: Page22of24FormSS00080405 BUSINESSLIABILITYCOVERAGEFORM c. Thewrongfulevictionfrom,wrongfulentryWorkthatmayneedservice,maintenance, into,orinvasionoftherightofprivatecorrection,repairorreplacement,but occupancyofaroom,dwellingorwhichisotherwisecomplete,willbe premisesthatthepersonoccupies,treatedascompleted. committedbyoronbehalfofitsowner, The"bodilyinjury"or"propertydamage" landlordorlessor; mustoccurawayfrompremisesyouown d. Oral,writtenorelectronicpublicationoforrent,unlessyourbusinessincludesthe materialthatslandersorlibelsapersonorselling,handlingordistributionof"your organizationordisparagesaperson'sorproduct"forconsumptiononpremisesyou organization'sgoods,productsorservices;ownorrent. e.b. Oral,writtenorelectronicpublicationofDoesnotinclude"bodilyinjury"or materialthatviolatesaperson'srightof"propertydamage"arisingoutof: privacy; (1) Thetransportationofproperty,unless f. Copying,inyour"advertisement",a theinjuryordamagearisesoutofa person’sororganization’s"advertising conditioninoronavehiclenotowned idea"orstyleof"advertisement"; oroperatedbyyou,andthatcondition wascreatedbythe"loadingor g. Infringementofcopyright,slogan,ortitleof unloading"ofthatvehiclebyany anyliteraryorartisticwork,inyour insured;or "advertisement";or (2) Theexistenceoftools,uninstalled h. Discriminationorhumiliationthatresultsin equipmentorabandonedorunused injurytothefeelingsorreputationofa materials. naturalperson. 20. "Propertydamage"means: 18. "Pollutants"meansanysolid,liquid,gaseousor thermalirritantorcontaminant,includingsmoke, a. Physicalinjurytotangibleproperty, vapor,soot,fumes,acids,alkalis,chemicalsand includingallresultinglossofuseofthat waste.Wasteincludesmaterialstoberecycled, property.Allsuchlossofuseshallbe reconditionedorreclaimed. deemedtooccuratthetimeofthe physicalinjurythatcausedit;or 19. "Products-completedoperationshazard"; b. Lossofuseoftangiblepropertythatisnot a. Includesall"bodilyinjury"and"property physicallyinjured.Allsuchlossofuse damage"occurringawayfrompremises shallbedeemedtooccuratthetimeof youownorrentandarisingoutof"your "occurrence"thatcausedit. product"or"yourwork"except: Asusedinthisdefinition,"electronicdata"is (1) Productsthatarestillinyourphysical nottangibleproperty. possession;or 21. "Suit"meansacivilproceedinginwhich (2) Workthathasnotyetbeencompleted damagesbecauseof"bodilyinjury","property orabandoned.However,"yourwork" damage"or"personalandadvertisinginjury" willbedeemedtobecompletedatthe towhichthisinsuranceappliesarealleged. earliestofthefollowingtimes: "Suit"includes: (a) Whenalloftheworkcalledforin a. Anarbitrationproceedinginwhichsuch yourcontracthasbeencompleted. damagesareclaimedandtowhichthe (b) Whenalloftheworktobedoneat insuredmustsubmitordoessubmitwith thejobsitehasbeencompletedif ourconsent;or yourcontractcallsforworkat b. Anyotheralternativedisputeresolution morethanonejobsite. proceedinginwhichsuchdamagesare (c) Whenthatpartoftheworkdoneat claimedandtowhichtheinsuredsubmits ajobsitehasbeenputtoits withourconsent. intendedusebyanypersonor 22. "Temporaryworker"meansapersonwhois organizationotherthananother furnishedtoyoutosubstituteforapermanent contractororsubcontractor "employee"onleaveortomeetseasonalor workingonthesameproject. short-termworkloadconditions. 23. "Volunteerworker"meansapersonwho: a. Isnotyour"employee"; FormSS00080405Page23of24 BUSINESSLIABILITYCOVERAGEFORM b.(2) Donateshisorherwork;Theprovidingoforfailuretoprovide warningsorinstructions. c. Actsatthedirectionofandwithinthe c. scopeofdutiesdeterminedbyyou;andDoesnotincludevendingmachinesor d. Isnotpaidafee,salaryorotherotherpropertyrentedtoorlocatedforthe compensationbyyouoranyoneelseforuseofothersbutnotsold. theirworkperformedforyou. 25 ."Yourwork": 24. "Yourproduct": a. Means: a. Means: (1) Workoroperationsperformedbyyou (1) Anygoodsorproducts,otherthanrealoronyourbehalf;and property,manufactured,sold,handled, (2) Materials,partsorequipment distributedordisposedofby: furnishedinconnectionwithsuchwork (a) You;oroperations. (b)b. Otherstradingunderyourname;Includes: or (1) Warrantiesorrepresentationsmadeat (c) Apersonororganizationwhoseanytimewithrespecttothefitness, businessorassetsyouhavequality,durability,performanceoruse acquired;andof"yourwork";and (2)(2) Containers(otherthanvehicles),Theprovidingoforfailuretoprovide materials,partsorequipmentwarningsorinstructions. furnishedinconnectionwithsuch goodsorproducts. b. Includes: (1) Warrantiesorrepresentationsmadeat anytimewithrespecttothefitness, quality,durability,performanceoruse of"yourproduct";and Page24of24FormSS00080405 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT Policy Number:59WECGC6729Endorsement Number: Effective Date:01/08/25Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address:IK CONSULTING PO BOX 17661 TUCSONAZ85731 Wehavetherighttorecoverourpaymentsfromanyoneliableforaninjurycoveredbythispolicy.Wewillnotenforceour right against the person or organization named in the Schedule. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE Anypersonororganizationforwhomyouarerequiredbycontractoragreementtoobtainthiswaiverfromus. Endorsement is not applicable in KY, NH, NJ or for any MO construction risk Countersigned by Authorized Representative Form WC 00 03 13Printed in U.S.A. Process Date:11/29/24Policy Expiration Date:01/08/26 CERTIFICATE OF LIABILITY INSURANCE F DATE(MM/DD/YYYY) nco�tn 12/02/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: John Boughton San Tan Insurance PHONE rxt).480-391-3883 a/c No:480-391-9484 625 N Gilbert Rd.,Suite 107 E-MAIL JFBoughton@santaninsurance.net INSURERS AFFORDING COVERAGE NAIC# Gilbert AZ 85234 INSURER A: Hartford Casualty Insurance Co INSURED INSURER B IK Consulting, LLC INSURER C: P.O. Box 17661 INSURERD: Tucson AZ 85730 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 CONTRACTOR 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 ADDLSUBTYPE OF INSURANCE INSp WVp POLICY NUMBER /Y POLICY EFF POLICY EXP LTR MM/DDYYY D /Y MM DYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $2,000,000 A CLAIMS-MADE �OCCUR DAM MISES occurrence)AGE TO RENTED $300,000 X X 59SBAZM4677 12/08/2025 12/08/2026 MED EXP(Any oneperson) $ 10,000 PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 X POLICY ECT LOC PRODUCTS-COMP/OP AGG $4,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $2,000,000 (Fa acc dent) A ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED 59SBAZM4677 12/08/2025 12/08/2026 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY $ UMBRELLA LAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DEDT I RETENTION$ $ WORKERS COMPENSATION X I PER LITE OTH- AND EMPLOYERS'LIABILITY STAT ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ 1,000,000 A OFFICER/MEMBER EXCLUDED? ❑N N/A X 59WECGC6729 01/08/2026 01/08/2027 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 $1,000,000 each Glitch Limit A Errors&Omissions Liability 59SBAZM4677 12108/2025 12/0812026 $2,000,000 Aggregate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Santa Ana,its City Council,officers,officials,employees,agents,and volunteers are automatically included as additional insured on the general liability insurance when required by written contract. Waiver of subrogation applies in favor of the certificate holder on the general liability and workers compensation insurance when required by written contract.See attached form. Digitally signed Tu Tran byTuTran Nguyen All forms when required b written contract are subject to policy forms and condi Date:2 APPROVED q Y 1 p Y I��ren Date:zozs.,z.oa ,o:a9so-os'oo' By Tu Tran Nguyen at 10:49 am,Dec 08, 2025 CERTIFICATE HOLDER CANCELLATION 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 Plaza Santa Ana,CA 92702 AUTHORIZED REPRESENTATIVE /I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD it 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 policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the stock insurance company member of The Hartford providing this insurance. 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 G. - Liability And Medical Expenses Definitions. A. COVERAGES (a) The "bodily injury" or "property 1. BUSINESS LIABILITY COVERAGE (BODILY damage" is caused by an INJURY, PROPERTY DAMAGE, PERSONAL "occurrence" that takes place in the AND ADVERTISING INJURY) "coverage territory"; Insuring Agreement (b) The "bodily injury" or "property damage" occurs during the policy a. We will pay those sums that the insured period; and becomes legally obligated to pay as (c) Prior to the policy period, no insured damages because of "bodily injury", listed under Paragraph 1. of Section "property damage" or "personal and C. — Who Is An Insured and no advertising injury" to which this insurance "employee" authorized by you to give applies. We will have the right and duty to or receive notice of an "occurrence" defend the insured against any "suit" or claim, knew that the "bodily injury" seeking those damages. However, we will or "property damage" had occurred, have no duty to defend the insured against in whole or in part. If such a listed any "suit" seeking damages for "bodily insured or authorized "employee" injury", "property damage" or "personal and knew, prior to the policy period, that advertising injury" to which this insurance the "bodily injury" or "property does not apply. damage" occurred, then any We may, at our discretion, investigate any continuation, change or resumption "occurrence" or offense and settle any claim of such "bodily injury" or "property or"suit" that may result. But: damage" during or after the policy (1) The amount we will pay for damages is period will be deemed to have been limited as described in Section D. - known prior to the policy period. Liability And Medical Expenses Limits (2) To "personal and advertising injury" Of Insurance; and caused by an offense arising out of your (2) Our right and duty to defend ends when business, but only if the offense was we have used up the applicable limit of committed in the "coverage territory" insurance in the payment of judgments, during the policy period. settlements or medical expenses to which c. "Bodily injury" or "property damage" will be this insurance applies. deemed to have been known to have No other obligation or liability to pay sums or occurred at the earliest time when any perform acts or services is covered unless insured listed under Paragraph 1. of Section explicitly provided for under Coverage C. — Who Is An Insured or any "employee" Extension-Supplementary Payments. authorized by you to give or receive notice b. This insurance applies: of an "occurrence" or claim: (1) To "bodily injury" and "property (1) Reports all, or any part, of the "bodily damage" only if: injury" or "property damage" to us or any other insurer; Form SS 00 08 04 05 Page 1 of 24 © 2005, The Hartford BUSINESS LIABILITY COVERAGE FORM (2) Receives a written or verbal demand or b. We will make these payments regardless of claim for damages because of the "bodily fault. These payments will not exceed the injury"or"property damage"; or applicable limit of insurance. We will pay (3) Becomes aware by any other means that reasonable expenses for: "bodily injury" or "property damage" has (1) First aid administered at the time of an occurred or has begun to occur. accident; d. Damages because of "bodily injury" include (2) Necessary medical, surgical, x-ray and damages claimed by any person or dental services, including prosthetic organization for care, loss of services or devices; and death resulting at any time from the "bodily (3) Necessary ambulance, hospital, injury . professional nursing and funeral e. Incidental Medical Malpractice services. (1) "Bodily injury" arising out of the 3. COVERAGE EXTENSION - rendering of or failure to render SUPPLEMENTARY PAYMENTS professional health care services as a a. We will pay, with respect to any claim or physician, dentist, nurse, emergency "suit" we investigate or settle, or any "suit' medical technician or paramedic shall against an insured we defend: be deemed to be caused by an occurrence , but only if: (1) All expenses we incur. (a) The physician, dentist, nurse, (2) Up to $1,000 for the cost of bail bonds emergency medical technician or required because of accidents or traffic paramedic is employed by you to law violations arising out of the use of provide such services; and any vehicle to which Business Liability (b) You are not engaged in the Coverage for"bodily injury" applies. We business or occupation of providing do not have to furnish these bonds. such services. (3) The cost of appeal bonds or bonds to (2) For the purpose of determining the release attachments, but only for bond limits of insurance for incidental medical amounts within the applicable limit ofinsurance. We do not have to furnish malpractice, any act or omission these bonds. together with all related acts or omissions in the furnishing of these (4) All reasonable expenses incurred by the services to any one person will be insured at our request to assist us in the considered one "occurrence". investigation or defense of the claim or 2. MEDICAL EXPENSES "suit', including actual loss of earnings up to $500 a day because of time off Insuring Agreement from work. a. We will pay medical expenses as described (5) All costs taxed against the insured in below for "bodily injury" caused by an the "suit'. accident: (6) Prejudgment interest awarded against (1) On premises you own or rent; the insured on that part of the judgment (2) On ways next to premises you own or we pay. If we make an offer to pay the rent; or applicable limit of insurance, we will not (3) Because of your operations; pay any prejudgment interest based on that period of time after the offer. provided that: (7) All interest on the full amount of any (1) The accident takes place in the judgment that accrues after entry of the "coverage territory" and during the judgment and before we have paid, policy period; offered to pay, or deposited in court the (2) The expenses are incurred and reported part of the judgment that is within the to us within three years of the date of applicable limit of insurance. the accident; and Any amounts paid under (1) through (7) (3) The injured person submits to above will not reduce the limits of insurance. examination, at our expense, by physicians of our choice as often as we reasonably require. Page 2 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM b. If we defend an insured against a "suit" So long as the above conditions are met, and an indemnitee of the insured is also attorneys' fees incurred by us in the named as a party to the "suit", we will defense of that indemnitee, necessary defend that indemnitee if all of the litigation expenses incurred by us and following conditions are met: necessary litigation expenses incurred (1) The "suit" against the indemnitee by the indemnitee at our request will be seeks damages for which the insured paid as Supplementary Payments. has assumed the liability of the Notwithstanding the provisions of indemnitee in a contract or agreement Paragraph 1.b.(b) of Section B. — that is an "insured contract"; Exclusions, such payments will not be (2) This insurance applies to such liability deemed to be damages for "bodily assumed by the insured; injury" and "property damage" and will (3) The obligation to defend, or the cost of not reduce the Limits of Insurance. the defense of, that indemnitee, has Our obligation to defend an insured's also been assumed by the insured in indemnitee and to pay for attorneys' fees the same "insured contract"; and necessary litigation expenses as (4) The allegations in the "suit" and the Supplementary Payments ends when: information we know about the (1) We have used up the applicable limit "occurrence" are such that no conflict of insurance in the payment of appears to exist between the interests judgments or settlements; or of the insured and the interest of the (2) The conditions set forth above, or the indemnitee; terms of the agreement described in (5) The indemnitee and the insured ask Paragraph (6)above, are no longer met. us to conduct and control the defense B. EXCLUSIONS of that indemnitee against such "suit" 1. Applicable To Business Liability Coverage and agree that we can assign the same counsel to defend the insured This insurance does not apply to: and the indemnitee; and a. Expected Or Intended Injury (6) The indemnitee: (1) "Bodily injury" or "property damage" (a) Agrees in writing to: expected or intended from the (i) Cooperate with us in the standpoint of the insured. This exclusion does not apply to "bodily investigation, settlement or injury" or "property damage" resulting defense of the "suit"; from the use of reasonable force to (i i) Immediately send us copies of protect persons or property; or any demands, notices, (2) "Personal and advertising injury" arising summonses or legal papers out of an offense committed by, at the received in connection with direction of or with the consent or the "suit"; acquiescence of the insured with the (iii) Notify any other insurer whose expectation of inflicting "personal and coverage is available to the advertising injury". indemnitee; and b. Contractual Liability (iv) Cooperate with us with 1 "Bodilyinjury"or" ro ert damage"; or respect to coordinating other ( ) p p y g applicable insurance available (2) "Personal and advertising injury" to the indemnitee; and for which the insured is obligated to pay (b) Provides us with written damages by reason of the assumption of authorization to: liability in a contract or agreement. (i) Obtain records and other This exclusion does not apply to liability information related to the for damages because of: "suit"; and (a) "Bodily injury", "property damage"or (ii) Conduct and control the "personal and advertising injury"that defense of the indemnitee in the insured would have in the such "suit". absence of the contract or agreement; or Form SS 00 08 04 05 Page 3 of 24 BUSINESS LIABILITY COVERAGE FORM (b) "Bodily injury" or "property damage" (b) Performing duties related to the assumed in a contract or agreement conduct of the insured's business, or that is an "insured contract", (2) The spouse, child, parent, brother or provided the "bodily injury" or sister of that "employee" as a "property damage" occurs consequence of(1) above. subsequent to the execution of the This exclusion applies: contract or agreement. Solely for the purpose of liability assumed in (1) Whether the insured may be liable as an "insured contract", reasonable an employer or in any other capacity; attorneys' fees and necessary and litigation expenses incurred by or for (2) To any obligation to share damages a party other than an insured are with or repay someone else who must deemed to be damages because of pay damages because of the injury. "bodily injury" or "property damage" This exclusion does not apply to liability provided: assumed by the insured under an "insured (i) Liability to such party for, or for contract". the cost of, that party's defense f. Pollution has also been assumed in the same"insured contract", and (1) "Bodily injury", "property damage" or personal and advertising injury (ii) Such attorneys' fees and arising out of the actual, alleged or litigation expenses are for threatened discharge, dispersal, defense of that party against seepage, migration, release or escape civil or alternative disputee of"pollutants": resolution proceeding in which damages to which this (a) At or from any premises, site or insurance applies are alleged. location which is or was at any time owned or occupied by, or c. Liquor Liability rented or loaned to any insured. "Bodily injury" or "property damage" for However, this subparagraph does which any insured may be held liable by not apply to: reason of: (i) "Bodily injury" if sustained within (1) Causing or contributing to the a building and caused by intoxication of any person; smoke, fumes, vapor or soot (2) The furnishing of alcoholic beverages to produced by or originating from a person under the legal drinking age or equipment that is used to heat, under the influence of alcohol; or cool or dehumidify the building, (3) Any statute, ordinance or regulation or equipment that is used to relating to the sale, gift, distribution or heat water for personal use, by use of alcoholic beverages. the buildings occupants or their guests; This exclusion applies only if you are in the (rr "Bodilyinjury" or "property business of manufacturing, distributing, ) damage" for which you may be selling, serving or furnishing alcoholic held liable, if you are a beverages. contractor and the owner or d. Workers' Compensation And Similar lessee of such premises, site or Laws location has been added to your Any obligation of the insured under a policy as an additional insured workers' compensation, disability benefits with respect to your ongoing or unemployment compensation law or operations performed for that any similar law. additional insured at that e. Employer's Liability premises, site or location and "Bodily injury" to: such premises, site or location (1) An "employee" of the insured arising is not and never was owned or out of and in the course of: occupied by, or rented or loaned to, any insured, other (a) Employment by the insured; or than that additional insured; or Page 4 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (iii) "Bodily injury" or "property released as part of the damage" arising out of heat, operations being performed smoke or fumes from a by such insured, contractor or "hostile fire"; subcontractor; (b) At or from any premises, site or (ii) "Bodily injury" or "property location which is or was at any damage" sustained within a time used by or for any insured or building and caused by the others for the handling, storage, release of gases, fumes or disposal, processing or treatment vapors from materials brought of waste; into that building in connection (c) Which are or were at any time with operations being performed transported, handled, stored, by you or on your behalf by a treated, disposed of, or processed contractor or subcontractor; or as waste by or for: (iii) "Bodily injury" or "property (i) Any insured; or damage" arising out of heat, (ii) Any person or organization for smoke or fumes from a whom you may be legally hostile fire"; or responsible; (e) At or from any premises, site or (d) At or from any premises, site or location on which any insured or any contractors or subcontractors location on which any insured or working directly or indirectly on any any contractors or subcontractors insured's behalf are performing working directly or indirectly on operations if the operations are to any insured's behalf are test for, monitor, clean up, remove, performing operations if the contain, treat, detoxify or neutralize, "pollutants" are brought on or to or in any way respond to, or assess the premises, site or location in the effects of, "pollutants". connection with such operations by such insured, contractor or (2) Any loss, cost or expense arising out subcontractor. However, this of any: subparagraph does not apply to: (a) Request, demand, order or statutory (i) "Bodily injury" or "property or regulatory requirement that any damage" arising out of the insured or others test for, monitor, escape of fuels, lubricants or clean up, remove, contain, treat, other operating fluids which are detoxify or neutralize, or in any way needed to perform the normal respond to, or assess the effects of, electrical, hydraulic or "pollutants"; or mechanical functions (b) Claim or suit by or on behalf of a necessary for the operation of governmental authority for "mobile equipment" or its parts, damages because of testing for, if such fuels, lubricants or other monitoring, cleaning up, removing, operating fluids escape from a containing, treating, detoxifying or vehicle part designed to hold, neutralizing, or in any way store or receive them. This responding to, or assessing the exception does not apply if the effects of, "pollutants". "bodily injury" or "property However, this paragraph does not damage" arises out of the apply to liability for damages because intentional discharge, dispersal of "property damage" that the insured or release of the fuels, would have in the absence of such lubricants or other operating request, demand, order or statutory or fluids, or if such fuels, regulatory requirement, or such claim lubricants or other operating or "suit" by or on behalf of a fluids are brought on or to the governmental authority. premises, site or location with the intent that they be discharged, dispersed or Form SS 00 08 04 05 Page 5 of 24 BUSINESS LIABILITY COVERAGE FORM g. Aircraft, Auto Or Watercraft (2) The use of "mobile equipment" in, or "Bodily injury" or "property damage" arising while in practice or preparation for, a out of the ownership, maintenance, use or prearranged racing, speed or entrustment to others of any aircraft, "auto" demolition contest or in any stunting or watercraft owned or operated by or rented activity. or loaned to any insured. Use includes i. War operation and "loading or unloading". "Bodily injury", "property damage" or This exclusion applies even if the claims "personal and advertising injury", however against any insured allege negligence or caused, arising, directly or indirectly, out of: other wrongdoing in the supervision, hiring, (1) War, including undeclared or civil war; employment, training or monitoring of others by that insured, if the "occurrence" which (2) Warlike action by a military force, caused the "bodily injury" or "property including action in hindering or damage" involved the ownership, defending against an actual or maintenance, use or entrustment to others of expected attack, by any government, any aircraft, "auto" or watercraft that is sovereign or other authority using owned or operated by or rented or loaned to military personnel or other agents; or any insured. (3) Insurrection, rebellion, revolution, This exclusion does not apply to: usurped power, or action taken by (1) A watercraft while ashore on premises governmental authority in hindering or you own or rent; defending against any of these. j. Professional Services (2) A watercraft you do not own that is: "Bodily injury", "property damage" or (a) Less than 51 feet long; and "personal and advertising injury" arising (b) Not being used to carry persons out of the rendering of or failure to render for a charge; any professional service. This includes (3) Parking an "auto" on, or on the ways but is not limited to: next to, premises you own or rent, (1) Legal, accounting or advertising provided the "auto" is not owned by or services; rented or loaned to you or the insured; (2) Preparing, approving, or failing to (4) Liability assumed under any "insured prepare or approve maps, shop contract" for the ownership, drawings, opinions, reports, surveys, maintenance or use of aircraft or field orders, change orders, designs or watercraft; drawings and specifications; (5) "Bodily injury" or "property damage" (3) Supervisory, inspection, architectural arising out of the operation of any of or engineering activities; the equipment listed in Paragraph f.(2) (4) Medical, surgical, dental, x-ray or or f.(3) of the definition of "mobile nursing services treatment, advice or equipment"; or instruction; (6) An aircraft that is not owned by any (5) Any health or therapeutic service insured and is hired, chartered or loaned treatment, advice or instruction; with a paid crew. However, this (6) Any service, treatment, advice or exception does not apply if the insured instruction for the purpose of has any other insurance for such "bodily appearance or skin enhancement, hair injury or property damage", whether removal or replacement or personal the other insurance is primary, excess, contingent or on any other basis. grooming; h. Mobile Equipment (7) Optical or hearing aid services including the prescribing, preparation, "Bodily injury" or "property damage" fitting, demonstration or distribution of arising out of: ophthalmic lenses and similar (1) The transportation of"mobile equipment" products or hearing aid devices; by an "auto" owned or operated by or rented or loaned to any insured; or Page 6 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (8) Optometry or optometric services Paragraphs (1), (3) and (4) of this including but not limited to examination exclusion do not apply to "property of the eyes and the prescribing, damage" (other than damage by fire) to preparation, fitting,demonstration or premises, including the contents of such distribution of ophthalmic lenses and premises, rented to you for a period of 7 or similar products; fewer consecutive days. A separate Limit (9) Any: of Insurance applies to Damage To (a) Body piercing (not including ear Premises Rented To You as described in Section D. - Limits Of Insurance. piercing); b piercing); in Paragraph (2) of this exclusion does not ( ) g, including but not limited apply if the premises are "your work" and to the insertion of pigments into or were never occupied, rented or held for under the skin; and rental by you. (c) Similar services; Paragraphs (3) and (4) of this exclusion do (10) Services in the practice of pharmacy; not apply to the use of elevators. and Paragraphs (3), (4), (5) and (6) of this (11) Computer consulting, design or exclusion do not apply to liability assumed programming services, including web under a sidetrack agreement. site design. Paragraphs (3) and (4) of this exclusion do Paragraphs (4) and (5) of this exclusion do not apply to "property damage" to not apply to the Incidental Medical borrowed equipment while not being used Malpractice coverage afforded under to perform operations at a job site. Paragraph 1.e. in Section A. -Coverages. Paragraph (6) of this exclusion does not k. Damage To Property apply to "property damage" included in the "Property damage" to: "products-completed operations hazard". (1) Property you own, rent or occupy, 1. Damage To Your Product including any costs or expenses "Property damage" to "your product" incurred by you, or any other person, arising out of it or any part of it. organization or entity, for repair, m. Damage To Your Work replacement, enhancement, restoration or maintenance of such "Property damage" to "your work" arising property for any reason, including out of it or any part of it and included in the prevention of injury to a person or "products-completed operations hazard". damage to another's property; This exclusion does not apply if the (2) Premises you sell, give away or damaged work or the work out of which abandon, if the"property damage"arises the damage arises was performed on your out of any part of those premises; behalf by a subcontractor. (3) Property loaned to you; n. Damage To Impaired Property Or (4) Personal property in the care, custody Property Not Physically Injured or control of the insured; "Property damage" to "impaired property" (5) That particular part of real property on or property that has not been physically which you or any contractors or injured, arising out of: subcontractors working directly or (1) A defect, deficiency, inadequacy or indirectly on your behalf are performing dangerous condition in "your product" operations, if the "property damage" or"your work"; or arises out of those operations; or (2) A delay or failure by you or anyone (6) That particular part of any property acting on your behalf to perform a that must be restored, repaired or contract or agreement in accordance replaced because "your work" was with its terms. incorrectly performed on it. 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. Form SS 00 08 04 05 Page 7 of 24 BUSINESS LIABILITY COVERAGE FORM o. Recall Of Products, Work Or Impaired (c) Title of any literary or artistic work; Property (8) Arising out of an offense committed by Damages claimed for any loss, cost or an insured whose business is: expense incurred by you or others for the (a) Advertising, broadcasting, loss of use, withdrawal, recall, inspection, publishing or telecasting; repair, replacement, adjustment, removal (b) Designing or determining content or disposal of: of web sites for others; or (1) "Your product"; (c) An Internet search, access, (2) "Your work"; or content or service provider. (3) "Impaired property"; However, this exclusion does not if such product, work or property is apply to Paragraphs a., b. and c. withdrawn or recalled from the market or under the definition of "personal and from use by any person or organization advertising injury" in Section G. — because of a known or suspected defect, Liability And Medical Expenses deficiency, inadequacy or dangerous Definitions. condition in it. For the purposes of this exclusion, p. Personal And Advertising Injury placing an "advertisement" for or "Personal and advertising injury": linking to others on your web site, by (1) Arising out of oral, written or electronic itself, is not considered the business publication of material, if done by or at of advertising, broadcasting, the direction of the insured with publishing or telecasting; knowledge of its falsity; (9) Arising out of an electronic chat room (2) Arising out of oral, written or electronic or bulletin board the insured hosts, publication of material whose first owns, or over which the insured publication took place before the exercises control; beginning of the policy period; (10) Arising out of the unauthorized use of (3) Arising out of a criminal act committed another's name or product in your e-mail by or at the direction of the insured; address, domain name or metatags, or any other similar tactics to mislead (4) Arising out of any breach of contract, another's potential customers; except an implied contract to use (11) Arising out of the violation of a another's "advertising idea" in your "advertisement"; persons right of privacy created by any state or federal act. (5) Arising out of the failure of goods, However, this exclusion does not products or services to conform with apply to liability for damages that the any statement of quality or insured would have in the absence of performance made in your such state or federal act; "advertisement"; (6) Arising out of the wrong description of (12) Arising out of: the price of goods, products or services; (a) An "advertisement" for others on (7) Arising out of any violation of any your web site; intellectual property rights such as (b) Placing a link to a web site of copyright, patent, trademark, trade others on your web site; name, trade secret, service mark or (c) Content from a web site of others other designation of origin or displayed within a frame or border authenticity. on your web site. Content includes However, this exclusion does not information, code, sounds, text, apply to infringement, in your graphics or images; or "advertisement", of (d) Computer code, software or (a) Copyright; programming used to enable: (b) Slogan, unless the slogan is also (i) Your web site; or a trademark, trade name, service (ii) The presentation or functionality mark or other designation of origin of an "advertisement" or other or authenticity; or content on your web site; Page 8 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (13) Arising out of a violation of any anti- (a) May be awarded or incurred by trust law; reason of any claim or suit (14) Arising out of the fluctuation in price or alleging actual or threatened injury value of any stocks, bonds or other or damage of any nature or kind to securities; or persons or property which would (15) Arising out of discrimination or not have occurred in whole or in part but for the asbestos hazard humiliation committed by or at the , direction of any "executive officer", (b) Arise out of any request, demand, director, stockholder, partner or order or statutory or regulatory member of the insured. requirement that any insured or q. Electronic Data others test for, monitor, clean up, remove, encapsulate, contain, Damages arising out of the loss of, loss of treat, detoxify or neutralize or in use of, damage to, corruption of, inability any way respond to or assess the to access, or inability to manipulate effects of an "asbestos hazard"; or "electronic data". (c) Arise out of any claim or suit for r. Employment-Related Practices damages because of testing for, "Bodily injury" or"personal and advertising monitoring, cleaning up, removing, injury" to: encapsulating, containing, treating, (1) A person arising out of any: detoxifying or neutralizing or in any way responding to or assessing the (a) Refusal to employ that person; effects of an"asbestos hazard". (b) Termination of that person's t. Violation Of Statutes That Govern E- employment; or Mails, Fax, Phone Calls Or Other (c) Employment-related practices, Methods Of Sending Material Or policies, acts or omissions, such as Information coercion, demotion, evaluation, "Bodily injury", "property damage", or reassignment, discipline, "personal and advertising injury" arising defamation, harassment, humiliation directly or indirectly out of any action or or discrimination directed at that omission that violates or is alleged to person; or violate: (2) The spouse, child, parent, brother or (1) The Telephone Consumer Protection sister of that person as a Act (TCPA), including any amendment consequence of "bodily injury" or of or addition to such law; "personal and advertising injury" to the (2) The CAN-SPAM Act of 2003, including person at whom any of the any amendment of or addition to such employment-related practices described in Paragraphs (a), (b), or(c) law; or above is directed. (3) Any statute, ordinance or regulation, This exclusion applies: other than the TCPA or CAN-SPAM Act of 2003, that prohibits or limits the (1) Whether the insured may be liable as sending, transmitting, communicating or an employer or in any other capacity; distribution of material or information. and Damage To Premises Rented To You — (2) To any obligation to share damages Exception For Damage By Fire, Lightning with or repay someone else who must or Explosion pay damages because of the injury. Exclusions c. through h. and k. through o. do s. Asbestos not apply to damage by fire, lightning or (1) "Bodily injury", "property damage" or explosion to premises rented to you or "personal and advertising injury" temporarily occupied by you with permission of arising out of the "asbestos hazard". the owner. A separate Limit of Insurance (2) Any damages, judgments, settlements, applies to this coverage as described in loss, costs or expenses that: Section D. - Liability And Medical Expenses Limits Of Insurance. Form SS 00 08 04 05 Page 9 of 24 BUSINESS LIABILITY COVERAGE FORM 2. Applicable To Medical Expenses Coverage e. A trust, you are an insured. Your trustees We will not pay expenses for"bodily injury": are also insureds, but only with respect to a. Any Insured their duties as trustees. To any insured, except"volunteer workers". 2. Each of the following is also an insured: b. Hired Person a. Employees And Volunteer Workers To a person hired to do work for or on behalf Your "volunteer workers" only while of any insured or a tenant of any insured. performing duties related to the conduct of c. Injury On Normally Occupied Premises your business, or your "employees", other than either your executive officers (if you To a person injured on that part of are an organization other than a premises you own or rent that the person partnership, joint venture or limited liability normally occupies. company) or your managers (if you are a d. Workers' Compensation And Similar limited liability company), but only for acts Laws within the scope of their employment by To a person, whether or not an you or while performing duties related to "employee" of any insured, if benefits for the conduct of your business. the "bodily injury" are payable or must be However, none of these "employees" or provided under a workers' compensation "volunteer workers" are insureds for: or disability benefits law or a similar law. (1) "Bodily injury" or "personal and e. Athletics Activities advertising injury": To a person injured while practicing, (a) To you, to your partners or instructing or participating in any physical members (if you are a partnership exercises or games, sports or athletic or joint venture), to your members contests. (if you are a limited liability f. Products-Completed Operations Hazard company), or to a co-"employee" while in the course of his or her Included with the "products-completed employment or performing duties operations hazard". related to the conduct of your g. Business Liability Exclusions business, or to your other Excluded under Business Liability Coverage. "volunteer workers" while performing duties related to the C. WHO IS AN INSURED conduct of your business; 1. If you are designated in the Declarations as: (b) To the spouse, child, parent, a. An individual, you and your spouse are brother or sister of that co- insureds, but only with respect to the "employee" or that "volunteer conduct of a business of which you are the worker" as a consequence of sole owner. Paragraph (1)(a) above; b. A partnership or joint venture, you are an (c) For which there is any obligation insured. Your members, your partners, and to share damages with or repay their spouses are also insureds, but only with someone else who must pay respect to the conduct of your business. damages because of the injury c. A limited liability company, you are an described in Paragraphs (1)(a) or insured. Your members are also insureds, (b) above; or but only with respect to the conduct of your (d) Arising out of his or her providing business. Your managers are insureds, but or failing to provide professional only with respect to their duties as your health care services. managers. If you are not in the business of d. An organization other than a partnership, providing professional health care joint venture or limited liability company, you services, Paragraph (d) does not apply are an insured. Your"executive officers"and to any nurse, emergency medical directors are insureds, but only with respect technician or paramedic employed by to their duties as your officers or directors. you to provide such services. Your stockholders are also insureds, but only (2) "Property damage"to property: with respect to their liability as stockholders. (a) Owned, occupied or used by, Page 10 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (b) Rented to, in the care, custody or b. Coverage under this provision does not control of, or over which physical apply to: control is being exercised for any (1) "Bodily injury" or "property damage" purpose by you, any of your that occurred; or "employees", "volunteer workers", any partner or member (if you are (2) "Personal and advertising injury" a partnership or joint venture), or arising out of an offense committed any member (if you are a limited before you acquired or formed the liability company). organization. b. Real Estate Manager 4. Operator Of Mobile Equipment Any person (other than your"employee" or With respect to "mobile equipment" registered in "volunteer worker"), or any organization your name under any motor vehicle registration while acting as your real estate manager. law, any person is an insured while driving such c. Temporary Custodians Of Your equipment along a public highway with your Property permission. Any other person or organization responsible for the conduct of such person is Any person or organization having proper also an insured, but only with respect to liability temporary custody of your property if you arising out of the operation of the equipment, and die, but only: only if no other insurance of any kind is available (1) With respect to liability arising out of the to that person or organization for this liability. maintenance or use of that property; and However, no person or organization is an insured (2) Until your legal representative has with respect to: been appointed. a. "Bodily injury" to a co-"employee" of the d. Legal Representative If You Die person driving the equipment; or Your legal representative if you die, but b. "Property damage" to property owned by, only with respect to duties as such. That rented to, in the charge of or occupied by representative will have all your rights and you or the employer of any person who is duties under this insurance. an insured under this provision. e. Unnamed Subsidiary 5. Operator of Nonowned Watercraft Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that yours which is a legally incorporated entity is less than 51 feet long and is not being used of which you own a financial interest of to carry persons for a charge, any person is an more than 50% of the voting stock on the insured while operating such watercraft with effective date of this Coverage Part. your permission. Any other person or The insurance afforded herein for any organization responsible for the conduct of such person is also an insured, but only with subsidiary not shown in the Declarations respect to liability arising out of the operation as a named insured does not apply to of the watercraft, and only if no other injury or damage with respect to which an insurance of any kind is available to that insured under this insurance is also an person or organization for this liability. insured under another policy or would be an insured under such policy but for its However, no person or organization is an termination or upon the exhaustion of its insured with respect to: limits of insurance. a. "Bodily injury" to a co-"employee" of the 3. Newly Acquired Or Formed Organization person operating the watercraft; or Any organization you newly acquire or form, b. "Property damage" to property owned by, other than a partnership, joint venture or rented to, in the charge of or occupied by limited liability company, and over which you you or the employer of any person who is maintain financial interest of more than 50% of an insured under this provision. the voting stock, will qualify as a Named 6. Additional Insureds When Required By Insured if there is no other similar insurance Written Contract, Written Agreement Or available to that organization. However: Permit a. Coverage under this provision is afforded The person(s) or organization(s) identified in only until the 180th day after you acquire Paragraphs a. through f. below are additional or form the organization or the end of the insureds when you have agreed, in a written policy period, whichever is earlier; and Form SS 00 08 04 05 Page 11 of 24 BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (e) Any failure to make such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit. with the distribution or sale of the A person or organization is an additional products; insured under this provision only for that (f) Demonstration, installation, period of time required by the contract, servicing or repair operations, agreement or permit. except such operations performed However, no such person or organization is an at the vendor's premises inconnection with the sale of the additional insured under this provision if such product; person or organization is included as an additional insured by an endorsement issued (g) Products which, after distribution by us and made a part of this Coverage Part, or sale by you, have been labeled including all persons or organizations added or relabeled or used as a as additional insureds under the specific container, part or ingredient of any additional insured coverage grants in Section other thing or substance by or for F.—Optional Additional Insured Coverages. the vendor; or a. Vendors (h) "Bodily injury" or "property Any person(s) or organization damage" arising out of the soles) (referred to negligence of the vendor for its below as vendor), but only with respect to own acts or omissions or those of "bodily injury" or "property damage" arising its employees or anyone else out of "your products" which are distributed acting on its behalf. However, this or sold in the regular course of the vendor's exclusion does not apply to: business and only if this Coverage Part provides coverage for "bodily injury" or (i) The exceptions contained in "property damage" included within the Subparagraphs (d) or(f); or "products-completed operations hazard". (ii) Such inspections, adjustments, (1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions: undertakes to make in the usual course of business, in This insurance does not apply to: connection with the distribution (a) "Bodily injury" or "property or sale of the products. damage" for which the vendor is (2) This insurance does not apply to any obligated to pay damages by insured person or organization from reason of the assumption of whom you have acquired such products, liability in a contract or agreement. or any ingredient, part or container, This exclusion does not apply to entering into, accompanying or liability for damages that the containing such products. vendor would have in the absence of the contract or agreement; b. Lessors Of Equipment (b) Any express warranty (1) Any person or organization from unauthorized by you; whom you lease equipment; but only with respect to their liability for "bodily (c) Any physical or chemical change injury", "property damage" or in the product made intentionally "personal and advertising injury" by the vendor; caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; Page 12 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (2) With respect to the insurance afforded e. Permits Issued By State Or Political to these additional insureds, this Subdivisions insurance does not apply to any (1) Any state or political subdivision, but "occurrence" which takes place after only with respect to operations you cease to lease that equipment. performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision (1) Any person or organization from has issued a permit. whom you lease land or premises, but (2) With respect to the insurance afforded only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to: of that part of the land or premises (a) "Bodily injury", "property damage" leased to you. or "personal and advertising (2) With respect to the insurance afforded injury" arising out of operations to these additional insureds, this performed for the state or insurance does not apply to: municipality; or (a) Any 'occurrence" which takes (b) 'Bodily injury" or "property damage" place after you cease to lease that included within the "products- land or be a tenant in that completed operations hazard". premises; or f. Any Other Party (b) Structural alterations, new (1) Any other person or organization who construction or demolition is not an insured under Paragraphs a. operations performed by or on through e. above, but only with behalf of such person or respect to liability for "bodily injury", organization. "property damage" or "personal and d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or (1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or only with respect to liability for "bodily the acts or omissions of those acting injury", "property damage" or "personal on your behalf: and advertising injury" caused, in whole (a) In the performance of your or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on (b) In connection with your premises your behalf: owned by or rented to you; or (a) In connection with your premises; (c) In connection with "your work" and or included within the "products- (b) In the performance of your completed operations hazard", but ongoing operations performed by only if you or on your behalf. (i) The written contract or written (2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured; and This insurance does not apply to (ii) This Coverage Part provides "bodily injury", "property damage" or coverage for "bodily injury" or "personal and advertising injury" "property damage" included arising out of the rendering of or the within the "products- failure to render any professional completed operations hazard". services by or for you, including: (2) With respect to the insurance afforded (a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to: maps, shop drawings, opinions, "Bodily injury", "property damage" or reports, surveys, field orders, "personal and advertising injury" change orders, designs or arising out of the rendering of, or the drawings and specifications; or failure to render, any professional (b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering services, including: activities. Form SS 00 08 04 05 Page 13 of 24 BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or This General Aggregate limit does not failure to prepare or approve, apply to "property damage" to premises maps, shop drawings, opinions, while rented to you or temporarily reports, surveys, field orders, occupied by you with permission of the change orders, designs or owner, arising out of fire, lightning or drawings and specifications; or explosion. (b) Supervisory, inspection, 3. Each Occurrence Limit architectural or engineering Subject to 2.a. or 2.b above, whichever activities. applies, the most we will pay for the sum of all The limits of insurance that apply to additional damages because of all "bodily injury", insureds are described in Section D. — Limits "property damage" and medical expenses Of Insurance. arising out of any one 'occurrence" is the How this insurance applies when other Liability and Medical Expenses Limit shown in insurance is available to an additional insured the Declarations. is described in the Other Insurance Condition The most we will pay for all medical expenses in Section E. — Liability And Medical Expenses because of "bodily injury" sustained by any General Conditions. one person is the Medical Expenses Limit No person or organization is an insured with shown in the Declarations. respect to the conduct of any current or past 4. Personal And Advertising Injury Limit partnership, joint venture or limited liability Subject to 2.b. above, the most we will pay for company that is not shown as a Named Insured in the sum of all damages because of all the Declarations. "personal and advertising injury" sustained by D. LIABILITY AND MEDICAL EXPENSES any one person or organization is the Personal LIMITS OF INSURANCE and Advertising Injury Limit shown in the Declarations. 1. The Most We Will Pay 5. Damage To Premises Rented To You Limit The Limits of Insurance shown in the Declarations and the rules below fix the most The Damage To Premises Rented To You we will pay regardless of the number of: Limit is the most we will pay under Business Liability Coverage for damages because of a. Insureds; "property damage" to any one premises, while b. Claims made or"suits" brought; or rented to you, or in the case of damage by fire, c. Persons or organizations making claims or lightning or explosion, while rented to you or bringing "suits". temporarily occupied by you with permission of 2. Aggregate Limits the owner. The most we will pay for: In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To a. Damages because of "bodily injury" and You Limit applies to all damage proximately "property damage" included in the caused by the same event, whether such "products-completed operations hazard" is damage results from fire, lightning or explosion the Products-Completed Operations or any combination of these. Aggregate Limit shown in the Declarations. 6. How Limits Apply To Additional Insureds b. Damages because of all other "bodily The most we will pay on behalf of a person or injury", "property damage" or "personal organization who is an additional insured and advertising injury", including medical under this Coverage Part is the lesser of: expenses, is the General Aggregate Limit a. The limits of insurance specified in a shown in the Declarations. written contract, written agreement or This General Aggregate Limit applies permit issued by a state or political separately to each of your "locations" subdivision; or owned by or rented to you. b. The Limits of Insurance shown in the "Location" means premises involving the Declarations. same or connecting lots, or premises Such amount shall be a part of and not in whose connection is interrupted only by a addition to the Limits of Insurance shown in street, roadway or right-of-way of a the Declarations and described in this Section. railroad. Page 14 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM If more than one limit of insurance under this (1) Immediately send us copies of any policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or "suit", the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or"suit"; single highest limit of liability of all coverages (2) Authorize us to obtain records and applicable to such claim or "suit". However, this other information; paragraph does not apply to the Medical Expenses limit set forth in Paragraph 3. above. (3) Cooperate with us in the investigation, settlement of the claim or defense The Limits of Insurance of this Coverage Part apply against the "suit"; and separately to each consecutive annual period and to (4) Assist us, upon our request, in the any remaining period of less than 12 months, starting enforcement of any right against any with the beginning of the policy period shown in the person or organization that may be Declarations, unless the policy period is extended liable to the insured because of injury after issuance for an additional period of less than 12 or damage to which this insurance months. In that case, the additional period will be may also apply. deemed part of the last preceding period for purposes of determining the Limits of Insurance. d. Obligations At The Insured's Own Cost E. LIABILITY AND MEDICAL EXPENSES No insured will, except at that insured's own GENERAL CONDITIONS cost, voluntarily make a payment, assume any obligation, or incur any expense, other 1. Bankruptcy than for first aid,without our consent. Bankruptcy or insolvency of the insured or of e. Additional Insured's Other Insurance the insured's estate will not relieve us of our If we cover a claim or "suit" under this obligations under this Coverage Part. Coverage Part that may also be covered 2. Duties In The Event Of Occurrence, by other insurance available to an Offense, Claim Or Suit additional insured, such additional insured a. Notice Of Occurrence Or Offense must submit such claim or "suit" to the You or any additional insured must see to other insurer for defense and indemnity. it that we are notified as soon as However, this provision does not apply to practicable of an "occurrence" or an the extent that you have agreed in a offense which may result in a claim. To written contract, written agreement or the extent possible, notice should include: permit that this insurance is primary and non-contributory with the additional (1) How, when and where the "occurrence" insured's own insurance. or offense took place; f. Knowledge Of An Occurrence, Offense, (2) The names and addresses of any Claim Or Suit injured persons and witnesses; and Paragraphs a. and b. apply to you or to (3) The nature and location of any injury any additional insured only when such or damage arising out of the "occurrence", offense, claim or "suit" is "occurrence" or offense. known to: b. Notice Of Claim (1) You or any additional insured that is If a claim is made or "suit" is brought an individual; against any insured, you or any additional (2) Any partner, if you or an additional insured must: insured is a partnership; (1) Immediately record the specifics of the (3) Any manager, if you or an additional claim or "suit" and the date received; insured is a limited liability company; and (4) Any "executive officer" or insurance (2) Notify us as soon as practicable. manager, if you or an additional You or any additional insured must see to insured is a corporation; it that we receive a written notice of the (5) Any trustee, if you or an additional claim or"suit" as soon as practicable. insured is a trust; or c. Assistance And Cooperation Of The (6) Any elected or appointed official, if you Insured or an additional insured is a political You and any other involved insured must: subdivision or public entity. Form SS 00 08 04 05 Page 15 of 24 BUSINESS LIABILITY COVERAGE FORM This Paragraph f. applies separately to (3) We have issued this policy in reliance you and any additional insured. upon your representations. 3. Financial Responsibility Laws b. Unintentional Failure To Disclose a. When this policy is certified as proof of Hazards financial responsibility for the future under If unintentionally you should fail to disclose the provisions of any motor vehicle all hazards relating to the conduct of your financial responsibility law, the insurance business at the inception date of this provided by the policy for "bodily injury" Coverage Part, we shall not deny any liability and "property damage" liability will coverage under this Coverage Part comply with the provisions of the law to because of such failure. the extent of the coverage and limits of 7. Other Insurance insurance required by that law. b. With respect to "mobile equipment" to If other valid and collectible insurance is available for a loss we cover under this which this insurance applies, we will Coverage Part, our obligations are limited as provide any liability, uninsured motorists, follows: underinsured motorists, no-fault or other coverage required by any motor vehicle a. Primary Insurance law. We will provide the required limits for This insurance is primary except when b. those coverages. below applies. If other insurance is also 4. Legal Action Against Us primary, we will share with all that other No person or organization has a right under insurance by the method described in c. this Coverage Form: below. a. To join us as a party or otherwise bring us b. Excess Insurance into a "suit" asking for damages from an This insurance is excess over any of the insured; or other insurance, whether primary, excess, b. To sue us on this Coverage Form unless contingent or on any other basis: all of its terms have been fully complied (1) Your Work with. That is Fire, Extended Coverage, A person or organization may sue us to recover Builder's Risk, Installation Risk or on an agreed settlement or on a final judgment similar coverage for"your work"; against an insured; but we will not be liable for (2) Premises Rented To You damages that are not payable under the terms of this insurance or that are in excess of the That is fire, lightning or explosion applicable limit of insurance. An agreed insurance for premises rented to you or temporarily occupied by you with settlement means a settlement and release of liability signed by us, the insured and the permission of the owner; claimant or the claimant's legal representative. (3) Tenant Liability 5. Separation Of Insureds That is insurance purchased by you to Except with respect to the Limits of Insurance, cover your liability as a tenant for and any rights or duties specifically assigned "property damage" to premises rented to you or temporarily occupied by you in this policy to the first Named Insured, this with permission of the owner; insurance applies: a. As if each Named Insured were the only (4) Aircraft, Auto Or Watercraft Named Insured; and If the loss arises out of the maintenance b. Separately to each insured against whom or use of aircraft, "autos" or watercraft to a claim is made or"suit" is brought. the extent not subject to Exclusion g. of Section A.—Coverages. 6. Representations (5) Property Damage To Borrowed a. When You Accept This Policy Equipment Or Use Of Elevators By accepting this policy, you agree: If the loss arises out of "property (1) The statements in the Declarations damage" to borrowed equipment or are accurate and complete; the use of elevators to the extent not (2) Those statements are based upon subject to Exclusion k. of Section A. — representations you made to us; and Coverages. Page 16 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (6) When You Are Added As An When this insurance is excess over other Additional Insured To Other insurance, we will pay only our share of Insurance the amount of the loss, if any, that That is other insurance available to exceeds the sum of: you covering liability for damages (1) The total amount that all such other arising out of the premises or insurance would pay for the loss in the operations, or products and completed absence of this insurance; and operations, for which you have been (2) The total of all deductible and self- added as an additional insured by that insured amounts under all that other insurance; or insurance. (7) When You Add Others As An We will share the remaining loss, if any, with Additional Insured To This any other insurance that is not described in Insurance this Excess Insurance provision and was not That is other insurance available to an bought specifically to apply in excess of the additional insured. Limits of Insurance shown in the However, the following provisions Declarations of this Coverage Part. apply to other insurance available to c. Method Of Sharing any person or organization who is an If all the other insurance permits additional insured under this Coverage contribution by equal shares, we will follow Part: this method also. Under this approach, (a) Primary Insurance When each insurer contributes equal amounts Required By Contract until it has paid its applicable limit of This insurance is primary if you insurance or none of the loss remains, have agreed in a written contract, whichever comes first. written agreement or permit that If any of the other insurance does not permit this insurance be primary. If other contribution by equal shares, we will insurance is also primary, we will contribute by limits. Under this method, each share with all that other insurance insurer's share is based on the ratio of its by the method described in c. applicable limit of insurance to the total below. applicable limits of insurance of all insurers. (b) Primary And Non-Contributory 8. Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us Required By Contract a. Transfer Of Rights Of Recovery If you have agreed in a written If the insured has rights to recover all or contract, written agreement or part of any payment, including permit that this insurance is Supplementary Payments, we have made primary and non-contributory with under this Coverage Part, those rights are the additional insured's own transferred to us. The insured must do insurance, this insurance is nothing after loss to impair them. At our primary and we will not seek request, the insured will bring "suit" or contribution from that other transfer those rights to us and help us insurance. enforce them. This condition does not Paragraphs (a) and (b) do not apply to apply to Medical Expenses Coverage. other insurance to which the additional b. Waiver Of Rights Of Recovery (Waiver insured has been added as an Of Subrogation) additional insured. If the insured has waived any rights of When this insurance is excess, we will recovery against any person or have no duty under this Coverage Part to organization for all or part of any payment, defend the insured against any "suit" if any including Supplementary Payments, we other insurer has a duty to defend the have made under this Coverage Part, we insured against that "suit". If no other also waive that right, provided the insured insurer defends, we will undertake to do waived their rights of recovery against so, but we will be entitled to the insured's such person or organization in a contract, rights against all those other insurers. agreement or permit that was executed prior to the injury or damage. Form SS 00 08 04 05 Page 17 of 24 BUSINESS LIABILITY COVERAGE FORM F. OPTIONAL ADDITIONAL INSURED 3. Additional Insured -Grantor Of Franchise COVERAGES WHO IS AN INSURED under Section C. is If listed or shown as applicable in the Declarations, amended to include as an additional insured one or more of the following Optional Additional the person(s) or organization(s) shown in the Insured Coverages also apply. When any of these Declarations as an Additional Insured - Optional Additional Insured Coverages apply, Grantor Of Franchise, but only with respect to Paragraph 6. (Additional Insureds When Required their liability as grantor of franchise to you. by Written Contract, Written Agreement or Permit) 4. Additional Insured - Lessor Of Leased of Section C., Who Is An Insured, does not apply Equipment to the person or organization shown in the a. WHO IS AN INSURED under Section C. is Declarations. These coverages are subject to the amended to include as an additional terms and conditions applicable to Business insured the person(s) or organization(s) Liability Coverage in this policy, except as shown in the Declarations as an Additional provided below: Insured — Lessor of Leased Equipment, 1. Additional Insured - Designated Person Or but only with respect to liability for "bodily Organization injury", "property damage" or "personal WHO IS AN INSURED under Section C. is and advertising injury" caused, in whole or amended to include as an additional insured in part, by your maintenance, operation or the person(s) or organization(s) shown in the use of equipment leased to you by such Declarations, but only with respect to liability person(s) or organization(s). for "bodily injury", "property damage" or b. With respect to the insurance afforded to "personal and advertising injury" caused, in these additional insureds, this insurance whole or in part, by your acts or omissions or does not apply to any 'occurrence" which the acts or omissions of those acting on your takes place after you cease to lease that behalf: equipment. a. In the performance of your ongoing 5. Additional Insured - Owners Or Other operations; or Interests From Whom Land Has Been b. In connection with your premises owned Leased by or rented to you. a. WHO IS AN INSURED under Section C. is 2. Additional Insured - Managers Or Lessors amended to include as an additional Of Premises insured the person(s) or organization(s) shown in the Declarations as an Additional a. WHO IS AN INSURED under Section C. is Insured —Owners Or Other Interests From amended to include as an additional insured Whom Land Has Been Leased, but only the person(s) or organization(s)shown in the with respect to liability arising out of the Declarations as an Additional Insured - ownership, maintenance or use of that part Designated Person Or Organization; but only of the land leased to you and shown in the with respect to liability arising out of the Declarations. ownership, maintenance or use of that part of the premises leased to you and shown in the b. With respect to the insurance afforded to Declarations. these additional insureds, the following b. With respect to the insurance afforded to additional exclusions apply: these additional insureds, the following This insurance does not apply to: additional exclusions apply: (1) Any 'occurrence" that takes place This insurance does not apply to: after you cease to lease that land; or (1) Any 'occurrence" which takes place (2) Structural alterations, new after you cease to be a tenant in that construction or demolition operations premises; or performed by or on behalf of such (2) Structural alterations, new person or organization. construction or demolition operations 6. Additional Insured - State Or Political performed by or on behalf of such Subdivision —Permits person or organization. a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the state or political subdivision shown in the Declarations as an Additional Page 18 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM Insured — State Or Political Subdivision - (e) Any failure to make such Permits, but only with respect to inspections, adjustments, tests or operations performed by you or on your servicing as the vendor has agreed behalf for which the state or political to make or normally undertakes to subdivision has issued a permit. make in the usual course of b. With respect to the insurance afforded to business, in connection with the these additional insureds, the following distribution or sale of the products; additional exclusions apply: (f) Demonstration, installation, This insurance does not apply to: servicing or repair operations, except such operations performed (1) Bodily injury", property damage or at the vendor's premises in "personal and advertising injury" connection with the sale of the arising out of operations performed for product; the state or municipality; or (g) Products which, after distribution (2) "Bodily injury" or "property damage" or sale by you, have been labeled included in the "product-completed or relabeled or used as a operations" hazard. container, part or ingredient of any 7. Additional Insured—Vendors other thing or substance by or for a. WHO IS AN INSURED under Section C. is the vendor; or amended to include as an additional (h) "Bodily injury" or "property insured the person(s) or organization(s) damage" arising out of the sole (referred to below as vendor) shown in the negligence of the vendor for its Declarations as an Additional Insured - own acts or omissions or those of Vendor, but only with respect to "bodily its employees or anyone else injury" or "property damage" arising out of acting on its behalf. However, this "your products" which are distributed or exclusion does not apply to: sold in the regular course of the vendor's (i) The exceptions contained in business and only if this Coverage Part Subparagraphs d or f or provides coverage for "bodily injury" or ( ) ( )' "property damage" included within the (ii) Such inspections, "products-completed operations hazard". adjustments, tests or servicing as the vendor has agreed to b. The insurance afforded to the vendor is make or normally undertakes subject to the following additional exclusions: to make in the usual course of (1) This insurance does not apply to: business, in connection with (a) "Bodily injury" or "property the distribution or sale of the damage" for which the vendor is products. obligated to pay damages by (2) This insurance does not apply to any reason of the assumption of insured person or organization from liability in a contract or agreement. whom you have acquired such This exclusion does not apply to products, or any ingredient, part or liability for damages that the container, entering into, vendor would have in the absence accompanying or containing such of the contract or agreement; products. (b) Any express warranty 8. Additional Insured —Controlling Interest unauthorized by you; WHO IS AN INSURED under Section C. is (c) Any physical or chemical change amended to include as an additional insured in the product made intentionally the person(s) or organization(s) shown in the by the vendor; Declarations as an Additional Insured — (d) Repackaging, unless unpacked Controlling Interest, but only with respect to solely for the purpose of inspection, their liability arising out of: demonstration, testing, or the a. Their financial control of you; or substitution of parts under b. Premises they own, maintain or control instructions from the manufacturer, while you lease or occupy these premises. and then repackaged in the original container; Form SS 00 08 04 05 Page 19 of 24 BUSINESS LIABILITY COVERAGE FORM This insurance does not apply to structural The limits of insurance that apply to additional alterations, new construction and demolition insureds are described in Section D. — Limits Of operations performed by or for that person or Insurance. organization. How this insurance applies when other insurance 9. Additional Insured — Owners, Lessees Or is available to an additional insured is described in Contractors — Scheduled Person Or the Other Insurance Condition in Section E. — Organization Liability And Medical Expenses General a. WHO IS AN INSURED under Section C. is Conditions. amended to include as an additional G. LIABILITY AND MEDICAL EXPENSES insured the person(s) or organization(s) DEFINITIONS shown in the Declarations as an Additional Insured — Owner, Lessees Or Contractors, 1. "Advertisement" means the widespread public but only with respect to liability for "bodily dissemination of information or images that injury", "property damage" or "personal has the purpose of inducing the sale of goods, and advertising injury" caused, in whole or products or services through: in part, by your acts or omissions or the a. (1) Radio; acts or omissions of those acting on your (2) Television; behalf: (3) Billboard; (1) In the performance of your ongoing (4) Magazine; operations for the additional i (5) Newspaper; nsured(s); or (2) In connection with "your work" b. The Internet, but only that part of a web performed for that additional insured site that is about goods, products or and included within the "products- services for the purposes of inducing the completed operations hazard", but sale of goods, products or services; or only if this Coverage Part provides c. Any other publication that is given coverage for "bodily injury" or widespread public distribution. "property damage" included within the However, "advertisement" does not include: products-completed operations hazard". a. The design, printed material, information or images contained in, on or upon the b. With respect to the insurance afforded to packaging or labeling of any goods or these additional insureds, this insurance products; or does not apply to "bodily injury", "property b. An interactive conversation between or damage" or "personal an advertising injury" arising out of the rendering of, or among persons through a computer network. the failure to render, any professional 2. "Advertising idea" means any idea for an architectural, engineering or surveying "advertisement". services, including: 3. "Asbestos hazard" means an exposure or (1) The preparing, approving, or failure to threat of exposure to the actual or alleged prepare or approve, maps, shop properties of asbestos and includes the mere drawings, opinions, reports, surveys, presence of asbestos in any form. field orders, change orders, designs or 4. "Auto" means a land motor vehicle, trailer or drawings and specifications; or semi-trailer designed for travel on public (2) Supervisory, inspection, architectural roads, including any attached machinery or or engineering activities. equipment. But "auto" does not include 10. Additional Insured — Co-Owner Of Insured "mobile equipment". Premises 5. "Bodily injury" means physical: WHO IS AN INSURED under Section C. is a. Injury; amended to include as an additional insured b. Sickness; or the person(s) or Organization(s) shown in the c. Disease Declarations as an Additional Insured — Co- Owner Of Insured Premises, but only with sustained by a person and, if arising out of the respect to their liability as co-owner of the above, mental anguish or death at any time. premises shown in the Declarations. 6. "Coverage territory" means: Page 20 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM a. The United States of America (including its b. You have failed to fulfill the terms of a territories and possessions), Puerto Rico contract or agreement; and Canada; if such property can be restored to use by: b. International waters or airspace, but only if a. The repair, replacement, adjustment or the injury or damage occurs in the course removal of "your product" or "your work"; of travel or transportation between any or places included in a. above; b. Your fulfilling the terms of the contract or c. All other parts of the world if the injury or agreement. damage arises out of: 12. "Insured contract" means: (1) Goods or products made or sold by you in the territory described in a.above; a. A contract for a lease of premises. However, that portion of the contract for a (2) The activities of a person whose home lease of premises that indemnifies any is in the territory described in a. person or organization for damage by fire, above, but is away for a short time on lightning or explosion to premises while your business; or rented to you or temporarily occupied by (3) "Personal and advertising injury" you with permission of the owner is offenses that take place through the subject to the Damage To Premises Internet or similar electronic means of Rented To You limit described in Section communication D. — Liability and Medical Expenses Limits provided the insured's responsibility to pay of Insurance. damages is determined in the United States of b. A sidetrack agreement; America (including its territories and c. Any easement or license agreement, possessions), Puerto Rico or Canada, in a including an easement or license "suit" on the merits according to the agreement in connection with construction substantive law in such territory, or in a or demolition operations on or within 50 settlement we agree to. feet of a railroad; 7. "Electronic data" means information, facts or d. Any obligation, as required by ordinance, programs: to indemnify a municipality, except in a. Stored as or on; connection with work for a municipality; b. Created or used on; or e. An elevator maintenance agreement; or c. Transmitted to or from f. That part of any other contract or computer software, including systems and agreement pertaining to your business applications software, hard or floppy disks, (including an indemnification of a CD-ROMS, tapes, drives, cells, data municipality in connection with work processing devices or any other media which performed for a municipality) under which are used with electronically controlled you assume the tort liability of another equipment. party to pay for "bodily injury" or "property 8. "Employee" includes a "leased worker". damage" to a third person or organization, "Employee" does not include a "temporary provided the "bodily injury" or "property worker". damage" is caused, in whole or in part, by you or by those acting on your behalf. 9. "Executive officer" means a person holding Tort liability means a liability that would be any of the officer positions created by your imposed by law in the absence of any charter, constitution, by-laws or any other contract or agreement. similar governing document. Paragraph f. includes that part of any 10. "Hostile fire" means one which becomes contract or agreement that indemnifies a uncontrollable or breaks out from where it was railroad for "bodily injury" or "property intended to be. damage" arising out of construction or 11. "Impaired property" means tangible property, demolition operations within 50 feet of any other than "your product" or "your work", that railroad property and affecting any railroad cannot be used or is less useful because: bridge or trestle, tracks, road-beds, tunnel, a. It incorporates "your product" or "your work" underpass or crossing. that is known or thought to be defective, However, Paragraph f. does not include deficient, inadequate or dangerous; or that part of any contract or agreement: Form SS 00 08 04 05 Page 21 of 24 BUSINESS LIABILITY COVERAGE FORM (1) That indemnifies an architect, (1) Power cranes, shovels, loaders, engineer or surveyor for injury or diggers or drills; or damage arising out of: (2) Road construction or resurfacing (a) Preparing, approving or failing to equipment such as graders, scrapers prepare or approve maps, shop or rollers; drawings, opinions, reports, e. Vehicles not described in a., b., c., or d. surveys, field orders, change above that are not self-propelled and are orders, designs or drawings and maintained primarily to provide mobility to specifications; or permanently attached equipment of the (b) Giving directions or instructions, following types: or failing to give them, if that is the (1) Air compressors, pumps and primary cause of the injury or generators, including spraying, damage; or welding, building cleaning, (2) Under which the insured, if an geophysical exploration, lighting and architect, engineer or surveyor, well servicing equipment; or assumes liability for an injury or (2) Cherry pickers and similar devices damage arising out of the insured's used to raise or lower workers; rendering or failure to render professional services, including those f. Vehicles not described in a., b., c., or d. listed in (1) above and supervisory, above maintained primarily for purposes inspection, architectural or other than the transportation of persons or engineering activities. cargo. 13. "Leased worker" means a person leased to However, self-propelled vehicles with the you by a labor leasing firm under an following types of permanently attached agreement between you and the labor leasing equipment are not "mobile equipment" but firm, to perform duties related to the conduct of will be considered "autos": your business. "Leased worker" does not (1) Equipment, of at least 1,000 pounds include a "temporary worker". gross vehicle weight, designed 14. "Loading or unloading" means the handling of primarily for: property: (a) Snow removal; a. After it is moved from the place where it is (b) Road maintenance, but not accepted for movement into or onto an construction or resurfacing; or aircraft, watercraft or"auto"; (c) Street cleaning; b. While it is in or on an aircraft, watercraft or (2) Cherry pickers and similar devices "auto"; or mounted on automobile or truck c. While it is being moved from an aircraft, chassis and used to raise or lower watercraft or "auto" to the place where it is workers; and finally delivered; (3) Air compressors, pumps and but "loading or unloading" does not include the generators, including spraying, movement of property by means of a mechanical welding, building cleaning, device, other than a hand truck, that is not geophysical exploration, lighting and attached to the aircraft,watercraft or"auto". well servicing equipment. 15. "Mobile equipment" means any of the following 16. "Occurrence" means an accident, including types of land vehicles, including any attached continuous or repeated exposure to substantially machinery or equipment: the same general harmful conditions. a. Bulldozers, farm machinery, forklifts and 17. "Personal and advertising injury" means injury, other vehicles designed for use principally including consequential "bodily injury", arising off public roads; out of one or more of the following offenses: b. Vehicles maintained for use solely on or a. False arrest, detention or imprisonment; next to premises you own or rent; b. Malicious prosecution; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, on which are permanently mounted: Page 22 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM c. The wrongful eviction from, wrongful entry Work that may need service, maintenance, into, or invasion of the right of private correction, repair or replacement, but occupancy of a room, dwelling or which is otherwise complete, will be premises that the person occupies, treated as completed. committed by or on behalf of its owner, The "bodily injury" or "property damage" landlord or lessor; must occur away from premises you own d. Oral, written or electronic publication of or rent, unless your business includes the material that slanders or libels a person or selling, handling or distribution of "your organization or disparages a person's or product" for consumption on premises you organization's goods, products or services; own or rent. e. Oral, written or electronic publication of b. Does not include "bodily injury" or material that violates a person's right of "property damage" arising out of: privacy; (1) The transportation of property, unless f. Copying, in your "advertisement", a the injury or damage arises out of a person's or organization's "advertising condition in or on a vehicle not owned idea" or style of"advertisement"; or operated by you, and that condition g. Infringement of copyright, slogan, or title of was created by the "loading or any literary or artistic work, in your unloading" of that vehicle by any "advertisement"; or insured; or h. Discrimination or humiliation that results in (2) The existence of tools, uninstalled injury to the feelings or reputation of a equipment or abandoned or unused natural person. materials. 18. "Pollutants" means any solid, liquid, gaseous or 20. "Property damage" means: thermal irritant or contaminant, including smoke, a. Physical injury to tangible property, vapor, soot, fumes, acids, alkalis, chemicals and including all resulting loss of use of that waste. Waste includes materials to be recycled, property. All such loss of use shall be reconditioned or reclaimed. deemed to occur at the time of the 19. "Products-completed operations hazard"; physical injury that caused it; or a. Includes all "bodily injury" and "property b. Loss of use of tangible property that is not damage" occurring away from premises physically injured. All such loss of use you own or rent and arising out of "your shall be deemed to occur at the time of product" or"your work" except: "occurrence"that caused it. (1) Products that are still in your physical As used in this definition, "electronic data" is possession; or not tangible property. (2) Work that has not yet been completed 21. "Suit" means a civil proceeding in which or abandoned. However, "your work" damages because of "bodily injury", "property will be deemed to be completed at the damage" or "personal and advertising injury" earliest of the following times: to which this insurance applies are alleged. (a) When all of the work called for in "Suit" includes: your contract has been completed. a. An arbitration proceeding in which such (b) When all of the work to be done at damages are claimed and to which the the job site has been completed if insured must submit or does submit with your contract calls for work at our consent; or more than one job site. b. Any other alternative dispute resolution (c) When that part of the work done at proceeding in which such damages are a job site has been put to its claimed and to which the insured submits intended use by any person or with our consent. organization other than another 22. "Temporary worker" means a person who is contractor or subcontractor furnished to you to substitute for a permanent working on the same project. "employee" on leave or to meet seasonal or short-term workload conditions. 23. "Volunteer worker" means a person who: a. Is not your"employee"; Form SS 00 08 04 05 Page 23 of 24 BUSINESS LIABILITY COVERAGE FORM b. Donates his or her work; (2) The providing of or failure to provide c. Acts at the direction of and within the warnings or instructions. scope of duties determined by you; and c. Does not include vending machines or d. Is not paid a fee, salary or other other property rented to or located for the compensation by you or anyone else for use of others but not sold. their work performed for you. 25. "Your work": 24. "Your product": a. Means: a. Means: (1) Work or operations performed by you (1) Any goods or products, other than real or on your behalf; and property, manufactured, sold, handled, (2) Materials, parts or equipment distributed or disposed of by: furnished in connection with such work (a) You; or operations. (b) Others trading under your name; b. Includes: or (1) Warranties or representations made at (c) A person or organization whose any time with respect to the fitness, business or assets you have quality, durability, performance or use acquired; and of"your work"; and (2) Containers (other than vehicles), (2) The providing of or failure to provide materials, parts or equipment warnings or instructions. 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 Page 24 of 24 Form SS 00 08 04 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT Policy Number: 59 WEC GC6729 Endorsement Number: Effective Date: 01/08/26 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: IK CONSULTING PO BOX 17661 TUCSON AZ 85731 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE Any person or organization for whom you are required by contract or agreement to obtain this waiver from us. Endorsement is not applicable in KY, NH, NJ or for any MO construction risk Countersigned by UJe )z, Authorized Representative Form WC 00 03 13 Printed in U.S.A. Process Date: 11/29/25 Policy Expiration Date: 01/08/27