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HomeMy WebLinkAboutCitygate Associates, LLC - 2021-07-01 PROFESSIONAL SERVICES CONTRACT Bf*IWEF-,N THE CITY OF HUNTINGTON BEACH AND CITYGATE ASSOCIATES, LLC FOR STANDARDS OF COVER STUDY, COMMUNITY RISK ASSESSMENT, AND FACILITY ASSESSNIENf THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and , and CITYGATE ASSOCIATES, L.LC, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consUltant to provide the Standards of Cover Study, Community Risk Assessment, and Facility Assessment for the City of Huntington ntington Beach Fire Departincnt; and PUBLiant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1 . SCOPE OF SERVICES CONSUL-;PANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJEC"I-." CONSULTANT hereby designates David C. DeRoos who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 21-9780f258097ngred sorfnct/profcssionnl secs 50 to 100 05119-204133 1 o f 1 3 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM: TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence od/y / , 20-41 (the "Commencement Date"), This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later (hall June 1, 2024 from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "13," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Forty Nine Thousand Four Hundred Eighteen Dollars ($49,418). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional 21-9780238097aycci surfncl/pro(esaonal Svcs SO to 100 0919-201133 2 of 13 compensation for such extra work shall be allowed only it' the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS, ESTIMATES AND O"TI IIR DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other doCt1111e17IS, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD FIARML.ESS A. CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all clanns, damages, losses, expenses, .judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSUL;TANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall 21.9730/258097ngree/surftcVprofessionaI sves 50 to )00 05/19-204133 3 of 13 apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. B. To the extent that CONSULTANT performs "Design Professional Services" within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of subsection A above: "CONSUL CANT- hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULTANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged to CONSULTANT exceed CONS ULTANT's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incw-rcd by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. 21-9780/258097agrce/surOtct/professionnl secs 50 to 100 05/19-204133 4 of 13 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above- mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten "Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy Further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising fi'om work performed in connection with this Agreement. If' CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not 2 1-9 7802 5 809 7ngrcd surrnct/protcssionnl svu 50 to 100 05/19-204133 5 of 13 effect Consultant's right to be paid for its time and materials expended prior to notification of' termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCL; Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either patty, reduced in coverage or in limits except after thirty (30) clays' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogale from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required- 2 1-9780/258097ngrce/surfncdpmfCSS10md Svcs 5010 100 05/19-204133 6 of 13 11, INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMTNAT10N OP AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSUI TANT's services hereunder at any time with or without cause, and whether or not the PROJEC"T is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hcreinabove. 21.97SV25809709md surlhcUprofcssionnl Svcs 5010 100 OR 9-2N 133 7 of' 13 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code, 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONS ULTANT's agent (as designated in Section I hereinabove) or to CITY as the situation shall warrant, or by enclosing the samc in a scaled envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONSULTANT: City of Huntington Beach Citygate Assoc iates,LLC A"ITN: Fire Chief, Scott M. Haberle AT"TN: David C. DeRoos 2000 Main Street 600 Coolidge Drive, Suite 150 Huntington Beach, CA 92648 Folsom, CA 95630 21-9780/258097ngrcc/surfnel/professional Svcs 50 to 100 05/19-204133 8 of 13 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION 1-IEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed meaning, and not strictly for or against any of the parties. as a Whole, according to its fair If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of' any act 21-9780R58097ngred surrncUprofcssionnl Svcs 50 to 100 05119.204133 9 of 13 contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, cacti of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Bench City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 2 1-97 8025 809 7ngrcc/surfi ct/professional Svcs 50 to 100 05119-204133 10 of 13 24. ATTORNEY'S PLIES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES I-ach undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully 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. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, 21-9780R58097ngme!surfnet/profmionnl sves 50 to 100 05119-20,1133 11 of 13 promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the dale of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. 2 1-978025 8097agrcc/surlixUprofessiona]svcs 50 to 100 05/19-204133 12 of 13 CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of Citygate Associates, LLC California sy: �AY r W C. Ct y Manager print name INITIATED AND APPROVED: ITS: (circle one)Chaimun/PnaidenWice President AN Fire Chief By: APPROVED AS TO FORM: ITS: (circle o Secretary ref Financial Officer/Asst. QCity Attorney Secretary—Treasure X_ Date RECEIVE AND FILE: �. �&4wdj'w City Clerk Date 21-9780/258097agrce/surfmt/profmional Svcs 50 to 100 05/19-204133 13 of 13 EXHIBIT "A" A. STATEMENT OP WORK: (Narrative of work to be performed) Conduct the Standards of Cover Study, Community Risk Assessment, and Facility Risk Assessment for the City of Huntington Beach Fire Department, 13. CONSULTANT'S DUTIES AND RESPONSIBILITIES: See attached Exhibit Al. C. CITY'S DUTIES AND RESPONSIBILITIES: City shall assign a staff coordinator to work directly with Citygate Associates, LLC in the performance of this agreement. The City and Department will assist Citygate Associates, LLC by: -Providing data and documents describing the organization, services, budgets, expenses and performance measures, and other information as requested by Citygate as available. -Providing electronic incident response data in a formal requested by Citygate. -Identifying a single point of contact for this project. D. WORK PROGRAM/PROJECT SCHEDULE: Proposed Project Schedule: Citygtde Associates, LLC is prepared to initiate this study upon execution of a contract for services. Based on Citygate Associates, LLC's experience with similar studies, Citygate Associates, LLC expects this study to take approximately five months to complete. EXHIBIT A Exhibit AI C11YG1111 IISS°c:IIIRS, I.K. I IF1 Ii.VI If GI II r'! •.ISE I11% 1 I Lnq L„r:hdrp!U,ivu,:Bdln 6q I II I:..Iu,CA 6f.:10 ,r I.119 M..1!;1151011 e FAX'1LL 911,1.'N170 May 7,2021 I Scott M. Haberlc, Fire Chief City of Huntington Beach Fire Department 2000 Main Street Huntington Beach, CA 92648 I Is: UPDATED PROPOSAL TO CONDUCT A STANDARDS OF COVIM STUDY UrDATR, CDatMuwrY RIs1C ASSRSSMBNT, AND FACILITY ASSESSMF,NT FOR THE CITY OF HUNTINGTON BRAG❑ FIRC DEPARTMENT Dear Chief Haberle: In response to staffs questions and request to lower the costs of our proposal, we offer the following reductions and explanation. I. We have reduced the deployment analysis back to the level of our first informal proposal prior to the RFP issuance. In tills reduced effort we will use the prior GIS model as is to only study the fire station location/relocation questions and to map risks for the community risk assessment. Doing so means we are not updating the GIS data, traffic congestion data, nor rc-doing the entire SOC map set. 2. In reducing the GIS work we have also slightly lowered our analysis, writing, and editing hours. 3. All other elements of our proposal in response to the RFP stand for the risk and facility assessments. 4. In addition, in response to your most recent communication with us, we have eliminated the final presentation to the City Council from our Work Plan. The revised pricing result is$49,418 as broken out here: 7 I .I $46.705 $378 $2,335 7$49,418 Exhibit Al ChiefScall flaheile May 7, 2021 Page 2 Our revised proposal addresses the elements requested by the Department after reviewing the received RFP responses. Even with the above reductions we believe we can still deliver the depth of analysis and reporting to meet the most critical issues before the City. Our price quote is chfective for 180 days and includes one draft review cycle, to be completed by i Citygale and the Department within 30 calendar days of the Department receiving the Draft Report. Additional Draft Report cycles or delays would be billed in addition to the contracted amount. Citygate will provide the Final Report in reproducible PDF. The Draft Report will be the Final Report if there arc no suggested changes within 30 days of the delivery of the Draft Report. As President of Citygate, I am authorized to execute a binding contract on behalf of Citygate Associates, LLC. Please direct any correspondence or questions to me by telephone at (916)458- 5100, extension 101 or by emu iI at ddcroos tr citvcntenssociales.com. Sincer , av d C. DeRoos, MPA,CMC President cc: Slewart Gary Samucl Mazza (�FA l�IKLiIi LL( Y „-,+ • • • i 1 ' sJl ' 1 C r' r. ie r` ► 1 sS,P,Ri®;PC���rle 'S:A\�L T � ,�� ►� �N N O a T A, ' �{`� UiE�R�-,.1 ,.:� t!'t N1.1�'%(,I t1,)i, 'All }� MMUNI�' �Y RISK, , A`SSESSMYENITAN' F" I LITYirl; r ,} `; . t ' ( y ; : ASSES/SNiENT w ' Iirtl � -d� Is t.l �t ♦}.��+'r�i .ki y� r 6 N 'TiC'�f � � � �ti �c� ...,f��'3" '� .�..1 }"a �. °CITY OF��HU.NTINGT,ONi�BE_ MOD ACHCA ' ; s r 1k k ar JI�D�,FpC`T�,NCl�y� f � • • • • Ii�a �n I'"""""`" ' " Exhibit Al N11 RJ I]IEIJ (11T0111: (ItiSI'(MRS, I.K nr.l s 11tn:rlurr '.u:vun I 6U(I ISa 1� 10h,11.1,CA 751,30 1+ I'll 714 -Intl 100 " rAX YIL­4117 211911 I April 9, 2021 i Scott M. l labcdc, Fire Chief City of I luntinglon Bench Fire Department 1 2000 Main Street, Huntington Beach, CA 92648 RF: PROPOSAL TO CONDUCT A STANDARDS OF COVERSTUDY,COMM UNITY RISIC ASSF,sSMGNT,ANi) FACILrrY ASSESSMENT FOR THE.CITY OF HUNTINGTON BEACII FIRE DEPARTMENT SECTION A—VENDOR APPLICATION FORM AND COVER LETTER Dear Chief Haberle: Citygate Associates, LLC (Citygate) is pleased to present our proposal to conduct a Standards of Cover (SOC) Study, Community Risk Assessment (CRA), and Facility Assessment for the City of Huntington Beach (City) Fire Department (Department), Citygate conducted the Department's previous SOC Study in 2017, and we look forward to the opportunity to serve the City and Department once again. This introductory letter briefly explains why Citygate is the most experienced risk assessment and fire deployment consultancy in the western United Stales. Our qualifications to perform your study are exceptional. We have an extensive background in fire department deployment, risk assessment, staffing, and sliategic/master planning. Over the last 20 years, Chief Stewart Gary and his team of subject matter specialists have performed well over 400 fire service studies, covering over 19 million residents in California alone, or nearly 48 percent of its population. In Chief Gary's tenure, Citygate has also executed many of the largest fire service studies we know of, including for the counties of Los Angeles, San Diego,and Alameda;the cities of Los Angeles(currently), San Diego, Oakland, Sacramento, Stockton, San Bernardino, and San Jose; the Ventura County Fire Protection District; the Sacramento Metropolitan Fire District; and the Ports of Long Beach and Los Angeles. After a competitive procurement, we were also selected as the sole consulting firm to provide consulting services to the Orange County Fire Authority for Service Level Reviews(audits) in each of its lines of business, including a Standards of Coverage study (completed last year) and a Community Risk Reduction Department study (currently underway). CITYGATE ASSOCIATES'KEY STRENGTHS As a County of San Diego former CAO stated: "We work with consultants, obviously, all the tune, but the work that Citygate did on this report is sonic of the best I've seen in my tenure here." (Watch the video clip at this link: www cityaateassociates.con/sdcountyvi(leo.) This is not an isolated comment by one client; rather, it is a common theme. Time after time our clients say at the end of public presentations, "This was the best report/study on fire services we have ever received,and now we finally understand the issues and choices." Exhibit A I April 9,2021 rim ChlefScou Ilaberle Page 2 Citygate's Public Safety Principal,Stewart Gary,was the lead author on the second through fourth editions ! on the manual for the Standards of Coverage systems approach to deployment for the Commission on Fire i Accreditation International. For 15 years, Citygate has partnered exclusively with Animated Data, Inc., producer of the StatsFDTM statistical analysis tool. Chief Samuel Mazza has been a leader and instructor in risk assessment methods both for Cilygatc and the National Fire Academy, in addition to leading multiple deployment, staffing, and strategic/master planning projects for Cilygatc. Chief Michael Dyer j has served as an ocean lifeguard specialist and Paramedic and conducted the facility assessment for Citygate's Santa Barbara County Fire Department Operational Enhancements Update project, Citygate remains on the leading edge of analysis tools and is the SOC thought process leader. We are the first consultancy in the nation to utilize traffic congestion data to model fire apparatus travel time impacts in rush hour traffic. This is the same data used on internet mapping applications to display traffic congestion by different colored road segments(green,orange,or red). Why is this experience critical?'file City is hiring external assistance that knows how to uncover tough issues and how to work them to successful closure. We know the approaches needed and,as importantly, how to effectively communicate the results to all project stakeholders. Citygate is also an independent company, not co-owned or under the control of any professional or standards-setting organization in fire services or government management. We believe this makes Citygate increasingly unique and, as such, allows us to provide the most neutral, best practices advice available to fit your local needs. Our proposal addresses all the elements requested in the Department's RFP, and we believe that upon review of this and our unique qualifications, you will find that Citygate's team of multi-disciplinary consultants will exceed your expectations for this study. On this basis, we enthusiastically look forward to working with the Department to address your deployment, risk assessment, and facility assessment needs. This proposal is valid for 180 days from the proposal due date. As President of Citygate, I am authoriMI to execute a binding contract on behalf of Citygate Associates, LLC. Citygate's headquarters office in Folsom,CA is its closest to Huntington Beach and the office from which it will manage the project. ['lease direct any correspondence or questions to me by telephone at (916)458-5100, extension 101 or by email at dderoos a eitvttntctrssociates.cont. Sincer , av d C. DeRoos, MPA, CMC President cc: Stewart Gay Samuel MUM Athrduncnts Request for Proposnl Vcndor Application Form '} Exhibit AI REQUEST FOR PROPOSAL VENDOR APPLICATION FORM TYPE OP APPLICANT: ® NEW ❑ CURRENT' VENDOR Legal Contractual Name of Corporation: Citygate Associates LLC Contact Person for Agreement: David C. DeRoos Corporate Mailing Address: 600 Coolidge Drive, Suite 150 City, State and 'Lip Code: Folsom,CA 95630 E-Mail Address: dderoosacitygateassociates.com Phone: 916 458-5100 Fax: (916)983-2090 Contact Person for Proposals: David C. DcRoos 'Title: President E-Mail Address:dderoosgcitygateassociates.com Business Telephone: (916) 458-5100 Business Fax: (916)983-2090 Is your business: (check one) ❑ NON PROFIT CORPORATION ❑X [.,Olt PROPrr CORPORATION Is your business: (check one) ❑ CORPORATION ® LIMITED LIABILITY PARTNERSHIP ❑ INDIVIDUAL ❑ SOLI. PROPRIETORSHIP ❑ PARTNERSHIP ❑ UNINCORPORATED ASSOCIATION i or2 Exhibit Al Names&Titics of Corporate Board Members (Also list Names&Titics of persons with written authorization/resolution to sign contracts) Names Title Phone I David C. DcRoos President (916)458.5100 Ext. 101 I ' Chad Jackson Vice President (916) 458-5100 Ext.205 Federal Tax Identification Number: 68-0447080 City of Huntington Bench Business License Number; Will obtain upon award. (If none, you must obtain a Huntington Beach Business License upon award of contract.) City of Huntington Beach Business license Expiration Date: 2 of Exhibit Al City of Huntington Beach Fire Department Proposal to Conduct a Standards of Cover Study,Community Risk Assessment,and Facility Assessment TABLE OF CONTENTS Section Pa¢e Sccllon A—Vumler Application Fm-m and Cover Letterr.........................................................................................I Section B—Background and Project Suntntary........................................................................................................3 B.I Project Summary..........................................................................................................................3 B.2 Final Report Elcmcnls..................................................................................................................3 Section C—Methodology.............................................................................................................................................4 CA Project Management/Implementation.........................................................................................4 C.2 Project Approach..........................................................................................................................4 C.3 Proposed Project Work Plan.........................................................................................................5 CAProposed Project Schedule............................................................................................................9 C.5 Study Components with Which the City and Depaitment Must Assist........................................9 SectionD—Staffing.....................................................................................:.............................................................10 D.I Citygatc's Project'fcom...............................................................................................................10 D.LI ProjectTean and Roles...................................................................................................10 SectionF-Quolifications.........................................................................................................................................12 Li.I Firm Prolilc..................................................................................................................................12 131.2 Citygate's Unique Public Safety Specialization..........................................................................12 E.3 Qualifications and References.....................................................................................................13 RACilygutc Client Summury.............................................................................................................14 Section F—Fec Proposal...........................................................................................................................................16 F.I Project Fees..................................................................................................................................16 F.2 Standard Hourly Billing Rates.....................................................................................................16 17.3 Billing Schcdulc...........................................................................................................................16 Anncudlces Appendix A Project Tenm Resumes StewartW.Cary,MPA .................................................................................................................................17 SamuelMa%Jn,CPC,CFO,CFO...................................................................................................................Ig MichaelDyer,MPA......................................................................................................................................19 DavidDcRoos,MPA,CMC..........................................................................................................................20 Table of Contents page I Exhibit Al City of Huntington Beach Fire Department Proposal to Conduct a Standards of Cover Study,Community Risk Assessment, and Facility Assessment SECTION B—BACKGROUND AND PROJECT SUMMARY B.1 PROJECT SUMMARY Citygate Associates, LLC (Citygate) understands that the City of Huntington Beach (City) Fire Department (Department) desires a Standards of Cover (SOC) study, Community Risk Assessment (CRA), and Facility Assessment as necessary elements of the Department's effort to achieve agency accreditation by the Commission on Fire Accreditation International (CFAI). In addition, the study is intended to establish current response performance, identify new targets for improvement, and serve as the basis for a now Strategic Community Risk Reduction Program that will identify and implement programs to mitigate risks and make the City a safer,healthier,and more resilient community.The facility assessment is desired to identify modifications and/or use of existing facility space to reduce employee exposure to carcinogens. In addition to identifying specific facility needs, the assessment will form the baseline for future annual facility safety inspections. Our SOC-CRA study will he performed in accordance with the methodology outlined in Standards of Response Coverage (fifth and sixth editions) as published by the CFAI and will address all the elements of the City's requested scope of work.The study will also incorporate guidelines and best practices in the field of7deploymem and risk analysis from the National ]'ire Protection Association(NFPA), the Insurance Services Office (ISO), the CFAI, the California Occupational Safety and Health Administration (Cal/OSI IA), relevant federal and state laws and regulations,and other recognized industry best practices, Our facility assessment will be performed in accordance with NFPA 1500—Standard on Fire Department Occupational Safety, I leahli, and Wellness Program (2021 edition). (laving completed the City's 2017 SOC as well as deployment analyses for nearly all the surrounding area, Citygate understands well the City's unique coastal deployment fact pattern. B.2 FINAL REPORT ELEMENTS Citygate's Final Report will address mach area in the City's scope of work, including: O An executive summary describing the nature of the report, the methods of analysis, primary findings, and critical recommendations. A Detailed narrative analysis of each report clement structured in easy-to-read sections and accompanied by explanatory support to encourage understanding by both City staff and civilians. O Clearly designated recommendations highlighted for easy reference and catalogued as necessary in the report. Section B—Background and Project Summary page 3 Exhibit AI City of Huntington Beach Fire Department Proposal to Conduct a Standards of Cover Study,Community Risk Assessment,and Facility Assessment SECTION C-METHODOLOGY C.I PROJECT MANAGEMENT/IMPLEMENTATION i We provide monthly written status reports that describe work performed in the prior month, work for the upcoming month, and any potential issues."Phis allows us to proactively manage and minimizes the need Far and impact of project scope changes. Citygate has two dedicated project administrators that assist our consultants and ensure timeliness, and Citygatc's President reviews project progress and work products. Having completed hundreds of projects since 1990,Citygatc understands how to prevent problems before they occur and to quickly and Flexibly respond to the dynamic local government environment. C.2 PROJECT APPROACH In addition to our customary techniques of reviewing agency data and documentation, Citygatc also utilizes Esri ArcGIS software to prepare analysis maps of the Department's current deployment model and prospective alternate/future station locations. We also use StatsFDTMn to analyze service demand and incident performance, Our assessment will address all the elements in the City's RFI', including but not limited to: O Providing a general summary of the City and services provided by the Fire Departmeni. A Updating the Department's 2017 SOC consistent with guidelines by the CFAI, the NPPA,the ICC, the ISO, Cad/OSHA, federal and state laws, and recognized industry best practices. 'Ihis will include updates to the Department's historic reliability and response effectiveness analysis and distribution and concentration analysis in light of January 2016 through December 2020 and will evaluate the impacts of relocating Fire Stations 5 and 8 to alternate designated locations. O Assessing the Department's EMS,technical rescue,and lifeguard resource deployment to identify optimal resource deployment locations and hours of service to best serve the City's evolving demographics and service demand needs, O Conducting a comprehensive CRA in conformance with NPPA 1300 — Standard on Community Risk Assessment and Community Risk Reduction flan Development(2020 edition). O Assessing Department facilities to include an in-person visit of all eight fire stations, training center, headquarters offices, marine safety and junior lifeguard headquarters, and emergency operations center,using MFPA 1500 (2021 edition) checklist. O Preparing a comprehensive report that includes analysis-based finding-.; and recommendations, including an executive summary presentation of lire written report for City stakeholders. Citygate will incorporate all the elements of the CFAI SOC process for the City's SOC-CItA as follows: I. Existing Deployment — The history, fominion, authority, and general information of the Department and community; the services provided;and its existing deployment and performance. 2. Community Outcome Expectations—The City's quantified expectations for fire,EMS,and special hazard responses, as well as common expectations in urban and suburban communities. Soction C—Methodology page 4 Exhibit Al City of Huntington Beach Fire Department Proposal to Conduct a Standards of Cover Study,Community Risk Assessment,and Facility Assessment 3. Community Risk Assessment-'ro include a description of the values at risk to be protected, the hazards likely to impact the community as they relate to services providcd by the Department,the probability of occurrence and likely impact severity by hazard, and an overall assessment of risk. 4, Critical Task Study.—The essential tasks to be performed and the number of personnel required to deliver a stated outcome for an Effective Response Force(ERF). 5. Distribution Study—Using the FireViewTM GIS tool,we will evaluate the effectiveness of existing station locations to understand deployment system performance and test proposed service measures by risk types in different zones f'or first-duo, all-risk units. G. Concentration Study—The spacing of fire stations to provide an appropriate and timely ERF. 7. Reliability and Historical Response Effectiveness Studies— Using response data and StatsFDTM, we will evalunte system performance and the percentage of conformance to performance goals. 3. Overall Evaluation—An evaluation of the Department's deployment based on performance metrics and recommended best practices for the service area's values at risk. Recommendations will consider cost and the City's ability to implement them. We will also provide updated recommended response performance goals as needed. Our facility assessment will conform with Chapter 10 (Facility Safety) of NFPA 1500, including use of the Facility Safety Inspection Checklist(Annex 12).Our EMS,technical rescue,and lifeguard deployment assessment will be conducted in accordance with the CFAI, the NFPA, Cal/OSFIA, relevant federal and state laws and regulations, and other recognized industry hest practice guidelines and standards. C.3 PROPOSED PROJECT WORK PLAN The following is our project Work Platt incorporating all the elements in the City's RFP. a 1.1 Obtain and Review Relevant Background Data and Information Citygate will submit a list of requested information relevant to this study,including the City General Plan, growth forecasts, any appropriate prior studies, dispatch data, fleet inventory, facility information, staffing, and other relevant information. We will also request City and other GIS data layers, hazard and risk-related information, travel time performance measures,and historical calls-For-service data. 1.2 Meet with Fire Department Representatives to Initiate Project Citygate will conduct a videoconfercnce start-up meeting to finalize the detailed Work flan, project schedule,project deliverables,roles and responsibilities,and benchmarks.A key to a successful consulting engagement is a mutual understanding ofthe project's scope and objectives. 1.3 Stalteholder Outreach We will collaborate with Department leadership to meet with project stakeholders, including elected or appointed community officials; Department leadership and other key staff, including from other City departments;employee labor group leadership;and other project stakeholders as requested or appropriate. Section C—Methodology page 5 Exhibit AI City of Huntington Beach Fire Department Proposal to Conduct a Standards of Cover Study,Community Risk Assessment,and Facility Assessment 1.4 Ongoing Project Management Throughout the project's duration, we will monitor engagement progress and completion of tasks, including providing monthly written status reports and verbal communications, as needed. Meetings and Deliverables 'there will be one videoconfercnce project shut-up meeting to initiate the study, establish relationships, and review and finalize the project Work Plat, schedule, deliverables, and benchmarks. Deliverables include the project start-up meeting, final project Work Plan, schedule,and data/documentation request. I Citygate will update the Department's 2017 Standard of Cover Study as follows: 2.1 Identify and Describe the Community Served and Existing Deployment Model Citygate will identify and describe: O The formation, authority, history, structure,and services provided by the Department. O The City, including area, population, demographics,community features, and projected growth, O The Depa4ment's operating budget, funding, fees, taxation, and financial resources. O The Department's deployment model, including daily staffing, facilities, and response plan, O Current response performance goals,objectives,and measures as applicable. 2.2 Operational and Administrative Support Staffing Review Citygate will review and evaluate the Department's operational and administrative support staffing levels. 2.3 Identify and Describe Outcome Expectations We will describe existing outcome expectations, if any, and how they were determined. We will also describe the time constraints associated with saving critical EMS patients and rescuing tapped occupants from building fires, as well as common outcome.expectations in urban communities. 2.4 Community Risk Assessment We will conduct a CRA conforming to the guidelines published by the NFPA and ICC, to include: O Establishing geographic planning sub-zones(risk zones). O Identifying and quantifying the values at risk to various hazards within the City. O Identifying the fire and non-fire hazards likely to impact the City relative to services provided. O Determining the occurrence probability for hazards by planing zone using recent occurrence data. O Determining the probable impact severity from a hazard occurrence by planning zone. 0 Determining overall risk for each identified hazard by planning zone. Soction C—Mothodology page 6 Exhibit AI City of Huntington Beach fire Department Proposal to Conduct a Standards of Cover Study,Community Risk Assessment,and Facility Assessment 2.5 Critical Taslt Review We will describe the critical tasks and the number of personnel required to safely perform them to deliver i a stated outcome for building fire and critical CMS incidents from other client❑genuies similar to the City. 2.6 Distribution Analysis Utilizing (lie FircViewr" software GIs mapping tool, Citygale will evaluate the effectiveness of existing station locations relative to existing deployment system performance over the City's street network. We will also evaluate the impacts of relocating Fire Stations 5 and 8 to alternate designated locations. Given traffic congestion at commute times in the City, we also offer optional traffic congestion analysis to evaluate fire unit travel times during niorning and evening rush hour periods.This is the samedata used to show traffic congestion on street segments in green, yellow, or red on computers, tablets, and smart phones. We are the first fire service analysis company to pioneer use of this data,and its use has been very successful. 2.7 Concentration Analysis Utilizing the Fireview""software GIs mapping tool, we will also ev:duale the Department's capability to assemble an ERF to resolve more serious or complex situations in a tiniely manner to deliver desired outcomes, including the impacts of relocating Fire Stations 5 and 8 to alternate designated locations. 2.8 Historical Reliability and Effectiveness Analysis Citygatc will utilize StatsFDTM software to update the Department's 20t7 statistical analysis to provide a statistical analysis of: O Current workload of each company, including unit-hour utilization. O Actual or estimated failure rates of individual companies. O Concurrent service demand and operational impacts. O Historical response performance components. O Mutual and automatic aid provided and received. 2.9 Overall Deployment Evaluation We will provide an overall deployment analysis summary with icconuncnded performance objectives by risk type, including measures and compliance methodologies that best align with recognized industry best practices,community expectations, and current and future Department resources. We will identify: O Current response capacity and staffing needs relative to the values to be protected and desired outcomes. 0 Current dcploynicnt performance, areas for improvement, and how the Department compares to recommended best practices. 0 Areas of the City that are underservcd, inefficiently served,or over-covered. Meetings and Dellverables No meetings or deliverables are anticipated for this task. Section C-Methodology page 7 Exhibit AI City of Huntington Beach Fire Department Proposal to Conduct a Standards of Cover Study, Community Risk Assessment,and Faclllty Assessment B : Citygnte will evaluate the Department's current and projected near-term future service demand to identify optimal locations for Department EMS deployment, technical rescue, and lifeguard resources, including optimal hours of service, to best scive the City's evolving demographics and EMS demand needs. Meetings and Deliverables We anticipate conference calls and/or videoconference meetings as needed to complete this task. P tip Citygate will conduct an on-site assessment of the following Department facilities utilizing an inspection checklist confirming with Annex F(Sample Facility Safety inspection Checklist)ofNF1'A 1500: all eight fire stations, training center, headquarters offices, marine safety and junior lifeguard headquarters, and emergency operations center. Meetings and Deliverables There will be one visit to each Department facility for this task. 5.1 Prepare and Conduct a Preliminary Findings Briefing Citygate's Project Team will prepare and conduct a videoconference briefing summarizing our analysis, findings, and emerging recommendations. I'ursuant to input received from the Department, we will make data-driven changes as needed and any refinements will be incorpornted into our Draft Report. 5.2 Prepare Comprehensive Draft Report with exhibits We will prepare a comprehensive written Draft Report to include appropriate statistical and geographic mapping exhibits. An electronic version in Microsoft Word will be submitted to the Department for comments using the"track changes" and"instil comments"tools in Microsoft Word. 5.3 Draft Report Review with Department's Project Temu We will review the Draft Report with management personnel to ensure the factual basis for our recommendations is correct. In addition, we will discuss any areas that require further clarification or amplification. We will conduct a videoconference review of the Draft Report, answer any questions,and agree on the.elements for the Final Report. 5.4 Prepare and Submit Final Report The process of Final Report preparation is an important one.Implicit in this process is the need for a sound understanding of how our review was conducted, what issues were identified,why our recommendations were made, and how implementation should be accomplished. Section C—Methodology page 8 Exhibit Al City of Huntington Beach Fire Department Proposal to Conduct a Standards of Cover Study,Community Risk Assessment, and Facility Assessment Based on results of the review process, we will prepare and submit an executive summary and comprehensive Final Report to include appropriate statistical and mapping exhibits. Final document delivery will be an Adobe PDF for case of duplication. 5.5 Final Report Presentation Citygate will prepare and present key elements of the Final Report to City/Department staff, elected officials, and interested public by vidcuconferunce using Microsoft PowerPoint. Meetings and Deliverables There will be three videoconferencc meetings for this task as follows: O One meeting to present our preliminary findings and emerging recommendations O One meeting to review (lie Draft Report O One presentation of the Final Report to an audience of the Department's choosing Deliverables for this task include a Preliminary Findings Briefing, Draft and Final written report including statistical and mapping exhibits, Draft Report review,and Sumulary Final Report presentation. CA PROPOSED PROJECT SCHEDULE Citygate is prepared to initiate this study upon execution of a contract for services. Based on our experience with similar studies,we expect this study to take approximately five months to complete. Pronosed Project Schedule 1.Initiate and Manage Project O ' e i 2.SOC Update 3.EMS,Technical Rescue,and Lifeguard Resource . ' Deployment Assessment 4.Facility Assossmont a.Draft and Final Report Q,Q 0 00 0 Submit Document Request 4 Stan-Up Meeting ®Initial Flndings Meting 0 Submit Drell Reparl O Draft Report RBNaw Submit O Final Report V Final Report presentation C.5 STUDY COMPONENTS WITH WHICH THE CITY AND DEPARTMENT MUST ASSIST The City and Department will assist Citygate by: O Providing data and documents describing the organization,services,budgets,expenses and performance measures, and other information as requested by Citygate as available. O Providing electronic incident response data in a format requested by Citygate. O Identifying a single point of contact for this project. Section C—Methodology page 9 Exhibit AI City of Huntington Beach Fire Department Proposal to Conduct a Standards of Cover Study,Community Risk Assessment,and Facility Assessment SECTION D—STAFFING 0.1 CITYOATE'S PROJECT TEAM In their agency and consulting careers,Cicygate's team members have.successfully walked the talk an fire department review efforts with rigorous analytic methods to build a business case that elected officials and agency employees can both understand. 'Ihe Citygate team includes the full range of skills required to execute this challenging project. Citygate has partnered with its listed subcontractors for well over 10 years on deployment analyses. the diverse group of specialists know how to integrate their respective expertise into comprehensive,compelling, and creative strategies to accomplish an agency's objectives. D.1.1 Project Team and Roles The qualifications of the Project Team are critical as it is the expertise and the capabilities of the consultants involved in the project that ultimately determine the SucceSS of the project. The role of each learn member is described in italics at the end of their biographical paragraph. Brief, one-page resumes are presented in Appendix A. Chief Stewart Gary, MPA, Public Safety Principal Chief Gary is the Public Safety Principal for Citygate Associates and is the retired Fire Chief of the Livermore-Pleasanton Fire Department in Alameda County, California. For t ':;o ; the past 14 years,he has been a lead instructor,program content developer,and consultant ,Z�\,, for the Standards of Coverage process,teaching and consulting across the US and Canada. For many years he annually taught a 40-hour course on this systems-based approach for fire deployment at the California Fire Academy. Over the last 20 years, he has performed over 400 organizational and deployment studies on departments as varied in size as Minneapolis, Minnesota; San Diego, California; San Diego County; the Orange County Fire Authority; and Los Angeles County. lie directed every project described in this proposal. Chief Gary will provide overall project oversight, assist with the analysis and written work products, review all work products, and participole in all rrrectings/brieftng.s. Chief Samuel Mazza, CFC, CFO, EFO, Senior Fire Services Specialist, Proinct Manager Chief Mazza is a Senior Fire and Emergency Services Specialist with over 40 years of fire service experience. Chief Mazza has been with Citygate for 10 years and has led or participated in more than 70 projects. Ile is the retired Fire Chief of the City of Monterey, California, where he oversaw a successful consolidation of fire services with the City of Pacific Grove. Prior to his service with Monterey, Chief Mazza spent over 30 years with CAL FIRE in numerous assignments spanning state, county, and fire and special district services. lie served as the Incident Commander on a statewide Incident Management Team and continues to serve as a member of the Monterey County Fincrgency Operations Center staff. Chief Mazza is also a California state Certified Fire Chief, CPSE Chief Fire Officer, EXCCuliVe Fire Officer, and National Fire Academy instructor. Chief Mazza has led many deployment and master planning projects. Chief Mazza will manage the project, leadlconduct all analysis, report writing, and meetings/briefings. Section D—Staffing page 10 Exhibit AI City of Huntington Beach Fire Department Proposal to Conduct a Standards of Cover Study, Community Risk Assessment, and Facility Assessment Chief Michael Dyer, MPA, Fire and Emergency Services Specialist In his more than 36 years in public safety,Fire Chief Dyer has served as an ocean lifeguard specialist, Firefighter, Firefighter Paramedic, Firefighter Specialist, Fire Captain, Battalion Chief, Assistant Fire Chief,Deputy Chief,and Chief Deputy in the Los Angeles County Fire Department. Ile retired as Fire Chief of the Santa Barbara County Fire Department. Chief Dyer previously held the number two ranking position in the Los 2 Angeles County Fire Department. fie is certified as a hazardous materials specialist and Paramedic, and he achieved the certification of Fire Chief Boni the California State Fire Marshal. Ile served on the California Joint Apprenticeship Management Board,Chair of CAL FIRE Contract Counties, and the Chair of the FIRESCOPF.Board of Directors. Chief Dyer will assist with facility assessment and EMS, technical rescue, and lifeguard resource deployment assessment. CentralSquare Technologies, Geo-Mapping Specialist(Subcontractor) CentralSquare 1'echnologics (formerly Tri rcch and The Omega Group) revolutionized the public safety industry by becoming one of the first vendors to embed mapping technology `.� into computer-aided dispatch software and to develop one of the most sophisticated recommendation algorithms. Today, CentralSquare leads the way as the undisputed leader with software that covers every facet within the incidmtt-response workflow, including 9-I-1,computer- aided dispatch, field-based reporting, records management,jail management, analytics and intelligence, patient care reporting, and ambulance billing software. Providing customers with unmatched satisfaction and innovative solutions has made CentralSquare the most trusted partner in public safety software. CentralSquare will conduct geo-mapping analysisfor fire station/crew deployment. Michael D. Fay, Statistical Specialist(Subcontractor) Mr. Fay has assisted Citygatc with deployment studies for over 10 years. He has over 30 years' experience and has served as a firefighter, EMS director, educator, consultant, and publisher.As!'resident of Animated Data, Inc.,he is the designer and publisher of StatsFD, StatsFD formerly NFIRS 5 Alive. Using standard NFIRS 5 datascts, StatsFD quickly performs diagnostic analysis of fire department operations. Mr. Fav will conduct statistical analysis fi)r the deployment portion of the project. David C. DeRoos, MPA, CMC, Citvoate Presldent Mr. DeRoos has over 30 years of experience as a consultant to local government,preceded by five years as an assistant to the City Administrator lie earned his undergraduate degree in political science/ public service (Phi Beta Kappa) from the University of California at Davis and holds a Master of Public Administration degree from the University of Southern California. Prior to becoming a Principal in Citygatc in 19910 he was a Senior Manager in the local government consulting division of Ernst&Young. Mr. DeRoos is responsible for ensuring the project is conducted efficiently within the schedule and budget allocated and that project deliverables meet Citygate's and the client's quality standards. Section D—Staffing page t 1 Exhibit A I City of Huntington Beach Fire Department Proposal to Conduct a Standards of Cover Study,Community Risk Assessment,and Facllity Assessment SECTION E-QUALIFICATIONS E4 FIRm PROFILE • ® • • Citygate Associates was established on January 1, 1990. Our Public Safety practice conducts deployment and station location analyses, master and strategic plans, risk assessment studies, consolidation feasibility analyses, m organizational studies, performance audits, starring studies, and GIS for (11YG(1if flSS9(1f TfS, q( local government agencies throughout the United Slates. IIRI R ueiRGuur SMIUS Citygate also provides services in general management consulting, community development, strategic planning, organizational development, animal services, leadership development, character-based human capital solutions, and executive recruitment Citygate predominantly hires consultants who have greater than 25 years of executive public sector experience, hold a master- or doctoral-level degree, and are regarded as leaders in their respective fields. The firm currently employs over 30 full-and part-time consultants with expertise across the full array of local government functions, particularly fire and emergency services. This is what sets the Citygate team apart. As current and recent practicing professionals in fire services and public administration, the City and Department are, in effect,getting the experience of an external"seasoned department head team,"not the opinions ofjunior staff members or consultants who have spent little time on the finntlines managing in local government. E.2 CITYOATE'S UNIQUE PUBLIC SAFETY SPECIALIZATION Citygate remains on the leading edge of analytic tools as the SOC fire and EMS deployment thought- process leader. Our Public Safety Principal, Chief Stewart Gary, co-wrote and edited the first three SOC manuals for the CFAI and Citygate is the first consultancy (and still likely only) in the nation to utilize advanced traffic congestion(late from which to model rush-hour impacted fire apparatus travel times.This is the same data used to display traffic congestion on mobile devices by coloring road networks green, yellow, and red. We have successfi111y used this out f'or clients such as the cities of San Diego, San Jose, and Sacramento; the Orange County Fire Authority (currently); the Ventura County Fire Protection District; and many more. Our methodology leadership is not limited to deployment; our fiscal and alternative service delivery acumen is also unparalleled. Citygate is the most relied upon firm to assist with fire department consolidation and Joint Powers Authority(JPA) feasibility that we know of;we have conducted more than 35 such assessments. We have assessed the feasibility of a police/fire JPA, the first JPA of its kind, and Citygate's Public Safety Principal, Chief Stewart Gary, was awarded the I-lelcn Putnam Award of Excellence and Innovation by the League of California Cities for his successful consolidation of the Livermore and Pleasanton Fire Departments. More information regarding this prestigious honor for innovation can be found here: hthr//www.hcienputnnm.oi, . Citygate's ability to help fire departments quantitatively improve service delivery is also evidenced by Citygate's Fast Response Squad innovation for the City of San Diego. In a situation hindered by fiscal Section E—Qualifications page 12 Exhibit AI City of Huntington Beach Fire Deportment Proposal to Conduct a Standards of Cover Study,Community Risk Assessment,and Facility Assessment constraints and difficult-to-serve areas, the interim approach, developed by Project 'ream members assigned to this project, is reported to have improved response times by 30 percent in a pilot program, urging the mayor and community to expand the effective, innovative effort. All of this means that if the City selects Citygatc f'or this important project, it cull he confident that the service delivery findings and recommendations it receives will be thoughtful and leading-edge and will achieve quantitative results. E.3 QUALIFICATIONS AND REFERENCES Injusl the last five years,Citygate has completed or is currently performing over 100 fire and EMS studies. The following are just five recent Southern Culifornilt projects with a scope of services similar to that requested in the City's RFP, demonstrating Citygale's stellar background experience to perform these services. We strongly encourage the City and Department to contact any of these references to see why agencies continue to call on Citygate for their fox: and emergency services consulting needs. For a more detailed list of Cilygate's fire services projects, please visit our website at www,cityfutcassucintesxom/lircex cricnce. Citygatc's subcontractors fur this study, CenlralSquare and Michael Fay, have assisted Citygate on virtually every deployment analysis we have conducted over the last 12 or more years. Orange County Fire Authority,CA—Service Level Assessment ofl7elel Deployment.Services As part of a Master Services Agreement with the Orange County Fire Authority(OCFA),wherein Citygatc was recently retained to provide seven as-needed organizational service level assessments of operations for OCFA's major cost centers,Citygate performed a service level assessment of OCFA Field Deployment services.-[*his assessment utilized the Standards of Coverage methodology to assess the response system metrics, review OCFA response measures and tools to local need and best practices and provide advice on internal tools and personnel skill sets to conduct operational performance reviews to best practices internally. The other six assessments part of the Master Services Agreement were for the Emergency Command Center, (lie Executive Leadership 'Team and Human Resources functions, the Emergency Medical Services Department, the Fleet Services Division, Business Services functions, and the Community Risk Reduction Department. Key Project %eam rrtenibers included Siewarl Gary as Public S'ajely Principal and OC1-A Project Manager and Saar Mazza as Senior Fire Services Simcialist. Pruject Duration: December 2018—October 2020 Confacl: Brian Fennessy, Fire Chief Email: hriar fanpcssn rt pc(a.urc Phone: r714) 559-2700 City of Redlands,CA—Fire Department Asse.ssnrent and Deployment Salell Citygate recently completed a deployment study tad assessment of the City of Redlands Fire[)(;pill Unwit. ']'his study entailed a review of current organizational conditions, an analysis of futuro service demands and service delivery options, and development of a strategic plan to guide the Department over the next five years.Key Prr jecl Team members included Ste tvm9 Gmy os Public Safely Principal and Sant Mazza as,Sertio+•lire Services Speciali.sl mud Projecf Mmrager. Project DBrafion:Septenrher 2019—December 2020 Conflict:dint 7'apaleski, Fire chief Email:.Uruleski a redlrmalslirc orb Phone: (909) 798-7600 Section E—Qualltications page 13 Exhibit Al City of Huntington Beach Fire Department Proposal to Conduct a Standards of Cover Study,Community Risk Assessment,and Facility Assessment City of Santa Monica, CA — Fire Department Community Risk Assessment /Standards of Coverage Analysis Citygate completed a comprehensive community risk assessment and Standards of Coverage analysis for the City of Santa Monica Fire Department to ensure quality improvement and the highest level of service through accrcdilation,credentialing,and education.Key Project Team members included Stewart Gary as Public Safety Principal, Saar Mazza as Senior Fire Services Specialist and Project Manager, and Michael Dyer as Fite Services Specialist. Project Duration:August 2019—.hdi,2020 Contact: Tarn Clemo, Deputy Fire Chief Enuril: lonr.clenurGilsmgpv./lei Phone: (310)458-8666 Santa Barbara County,CA—Operational Enhancements Update Citygate recently completed an operational enhancements update for the County of Santa Barbara Fire Department. Citygate used the Standards of Coverage multiple-step process to determine if fire station locations and crew/apparatus staffing were meeting the unique needs of the Department's service areas. This study was an update to the fire service deployment and departmental performance audit study Citygate completed for the Department in 2012 and included an assessment of the Department's 26 building facilities. Key Project Team members included Stewart Gary us Public Safety Principal and Project Director, Sam Mazza trs Senior Fire Services Specialise, and Michael Dyer as Fire Services sjmcialist. Prujecl Daration:.September 2019—Novennher•2020 Contact: Mark A. Hartwig, Fire Chief Entail: pnark.harhrigrrsbefrre.cont Phone: (805) 681-5500 Chino Valley Independent Fire District, CA —Standards )LC'pverage Assessment and Master Plan Update Citygate conducted a Standards of Coverage assessment and Master Plan update for the Chino Valley Independent Fire District in San Bernardino County, Califoinia.'1'his project included a comprehensive community risk assessment, Standards of Coverage analysis, fiscal and staffing analysis,and future needs assessment.Key Project Tear members included Sleivart Gary as Public Safety Principal and Sam Mazza as Senior Fire Services Specialist and Project Manager. Project Duration:May 2017—July 2018 Contact: Thn.S'hackelfonl, ],'ire Chief Entail: lshackelfavl a chofrrearx Phone: (909) 902-5260 EA CITYGATE CLIENT SUMMARY In addition to the related studies described previously, the following is a list of some additional SOC/deployment studies that Citygate has completed. O City of Alameda,CA O Orange County Fire Authority,CA O Alameda County,CA O City of Orem, Ur O Alameda County Fire Deparimenl,CA ♦ City of Palm Springs,CA ♦ City of Bakersfield,CA ♦ City ol'Pasodena,CA ♦ City of Bloomington,MN O City of Poerlond,TX O City of Brentwood,CA O City of Redlands,CA ♦ City of Calexico,CA O City of Roseville,CA Section E—Quallf1cations page 14 Exhibit A I City of Huntington Beach Fire Department Proposal to Conduct a Standards of Cover Study,Community Risk Assessment,and Facility Assessment O City of Carlsbad,CA 0 Ross Valley Fire Department,CA ♦ Carpinteria-Sumnleriand FPD,CA O City of Sacramento,CA ♦ Central PPD of Santa Cruz County,CA O Sacramento Metropolitan Fire District,CA , O Chino Valley Fire District,CA ♦ City of San Bernardino,CA i O City of Cleveland,011 O City of San Diego,CA ♦ Coastside FPD,CA ♦ City of San Jose,CA ♦ City of Costa Mesa,CA O City of San Luis Obispo,CA ♦ Cosumnes CSD,CA ♦ City of Sal Marcos,CA ♦ City of Fagan,MN O City of San Mateo,CA O Enst Contra Costa County FPD,CA ♦ San Mateo County,CA O El Dorado Hills Fire District,CA 0 San Ramon Valley FPD,CA ♦ City of Emeryville,CA O Santa Barbara County,CA ♦ City of livid,OK 0 City of Santa Clara,CA O City of Eureka,CA O Santa Clam County,CA ♦ City of Fairlicld,CA ♦ City of Santa Monica,CA ♦ City of Folsmn,CA ♦ City of Seaside,CA ♦ City of Franoni,CA ♦ Snohomish County Fire District I,WA ♦ City of Oeorgcmwn,TX ♦ Snohomish County Fire District 4,WA ♦ City of Huntington Beach,CA ♦ Sclano County Local Agency Fornmtlon O Kings County,CA Commission,CA ♦ Lakeside FPD,CA O South County Fire Authority,CA O City of Los Angeles,CA O Southern Marin FPD,CA ♦ Los Angeles County EMS,CA O South Placer FPD,CA 0 City of Manhattan Beach,CA O City of South San Francisco,CA 0 Mai in County,CA O South Sal Mateo County,CA 0 Menlo Park PPD,CA 0 South Santa Clara FI'D,CA O City of Merced,CA 0 Stanislaus Consolidntcd FPD,CA ♦ City of Milpitas,CA ♦ City of Stockton,CA O City of Minneapolis,MN ♦ Suisun City,CA ♦ Missouri City,TX O City of Sunnyvale,CA O Montecito FPD,CA ♦ City of Tacoma,WA 0 City of Monterey Park,CA ♦ Templeton CSD,CA ♦ City of Morgan[fill and Panncrs,CA O Travis County FSD No.!,TX O City of Mounlnin View,CA O City of Vacaville,CA O National City,CA O City o1'Vnllejc,CA ♦ North County PPD,CA 0 Valley Center FPD,CA ♦ North Lake Tahoe FPD,N V O City of Vancouver,WA O Novato Fire Protection District,CA ♦ Ventura County FPD,CA 0 City of Oakland,CA 0 City of Viclorviile,CA O City of Ogden,UT O City of Vista,CA O City of Orange,CA O City of Woodland,CA O Yuba City,CA Section E—qualifications page 15 Exhibit Al City of Huntington Beach Fire Department Proposal to Conduct a Standards of Cover Study,Community Risk Assessment,and facility Assessment SECTION F-FEE PROPOSAL F.1 PROJECT FEES Our charges are based on actual One of our consultants at their established billing rates plus reimbursable expenses incurred with Gavel,printing,clerical,and support services as follows: i Core Project Work Plan . $58,435 $378 $4,200 $2,922 $65,935 Optional Traffic Congeslion Analysis $5,640 $0 s0 $282 $5,922 Total Cost $64,075 $378 $4,200 $3,204 $71.857 Cilygate is open to discussing modification of the proposed scope of work and associated costs. Our price quote is effective 1'or 180 days from the dale of receipt of this proposal and includes one draft review cycle,to be completed by Cilygate and the Department within 30 calendar days of the Department receiving the Draft Report. Additional Draft Report cycles or delays would be billed in addition to the contracted amount.Cilygate will provide the Final Report in reproducible PDF.The Draft Report will be the Final Report if there are no suggested changes within 30 days of the delivery of the Draft Report. F.2 STANDARD HOURLY BILLING RATES Cilygate President $250 per hour David DeRoos Public Safety Principal $250 per hour Stewart Gary Senior Fire Services Specialist, Project Manager $225 per hour Samuel Mazza Fire and Emergency Services Specialist $216 per hour Michael Dyer Geo-Mapping Specialist $215 per hour CentralSquare Statistical Specialist $195 per hour Michael Fay Report Project Administrator $135 per hour Various Administrative Support $95 per hour Various F.3 BILLING SCHEDULE We will invoice monthly for time, reimbursable expenses incurred at actual costs (travel), plus a five percent (S%) administration charge in lieu of individual charges for copies, phone, etc. Our invoices are paynble within thirty(30)days. CitygaWs billing terms are net thirty(30)clays plus two percent(2%) for day thirty-one (31)and two pet-cent (2%) per month thereafter. Our practice is to send both our monthly status report and invoice electronically. If we are selected for this project, we will request the email fur the appropriate recipients of the electronic documents. Bard copies of these documents will be provided only upon request. We prefer to receive payment through ACH Transfer, if available. We request that ten percent (10%) of the project cost be advanced at the execution of the contract, to be used to offset out- start-up costs. '['his advance would be credited to our last invoice. Section F—Fee Proposal page 16 Exhibit A I i APPENDIX A PROJECT TEAM RESUMES Exhibit AI CITYGATE ASSOCIATES,LLC STEWART W.GARY,MPA Until his retirement, Mr. Gary was the Firc Chief of the Livermore--Plensantuu Fire Department.Now in his 49th year in the Fire Service, Mr.Gary began as a volunteer and worked his way up through the ranks, including his service as a Paramedic for five years. Mr. Gary stated his career with the City of Poway in San Diego County, attaining the rank of Battalion Chief/Fire Marshal. He subsequently served as the Administrative Battalion Chief for the Carlsbad Fire Department in San Diego County. He was appointed Fire Chief for the City of Livermore, California, in January 1994, and two years later, he successfully facilitated the peer-to-peer merger of the Livermore and Pleasanton Fire Departments into one seamless 10-company department, from which he retired as Chief. This successful consolidation was awarded the esteemed Helen Putnam Award for [excellence by the California League of Cities in 1999, Mr. Gary has both a bachelor's and master's degree in Public Administration from San Diego State University. lie holds an associate degree in flit science fionn Miramar Community College in San Diego and a certificate in fire protection administration from San Diego Stale, and he has attended hundreds of homy of seminar course work in fire protection. Mr. Gary has served in elected professional positions, including: President of the California I.eague of Cities, Fire Chiefs Department and Chairperson of the San Diego County Paramedic Agencies. He has been involved in progressive responsibility for creating or implementing fire protection policy on the local, state,and national levels. He has served as a board member representing cities on the California Office of Emergency Services-FIRESCOPE Board and served two terms as the fare chief representative on the California League of Cities Board of Directors. Mr. Gary served on the Livermore School District Board and served as an elected official on the City of Livermore City Council. Relevant Experience: Since starting his consulting career with Citygatc Associates in 2001,Chief Gary has successfully worked on, managed,or directed over 400 consulting projects. A small selection of highlights and recent projects include: 0 As part of a Master Services Agreement,served as Public Safety Principal/OCFA Project Manager for seven organizational service level assessments for the Orange County Fire Authority, including assessments of the Emergency Command Center, the Executive Leadership Team and Human Resources functions, the Emergency Medical Services Department, Field Deployment services, the Fleet Services Division, Business Services functions, and the Community Risk Reduction Deparintent. O Served as Public Safety Principal for a deployment study and assessment of the City of Redlands Fire Department. ® Served as Public Safely Principal for a community risk assessment and Standards of Coverage analysis for the City of Santa Monica Fire Department. O Served us Public Safety Principal and Project Director for an operational enhancements study for the County of Santa Barbara Fire Department, an update to the fare scrvicc deployment and departmental performance audit study Citygatc previously performed for the Department. O Served as Public Safety Principal to conduct a Standards of Coverage assessment and Master Plan update for the Chino Valley Independent Fire District. Project Team Resumes page 17 Exliibit A I CI'I'YCA't'i.,,AssoCIATys,LLC SAMUEL MAZZA,CFC,CFO,EFO Chief Mazza retired as the Firc Chief for the City of Monterey, California, where he engineered and facilitated the consolidation of the Monterey and Pacific Grove fire departments in 2008. His fire service career spans 38 years with city,county,special district,and state fire agencies and includes administration, operations, air operations, training, dispatch, disaster planning and management, fire prevention, and law enforcement experience. He served as the Incident Commander on a statewide Incident Management Team and continues to serve as a member of the Monterey County Emergency Operations Center staff. Chief Mazza holds a bachelor's degree from California State University, Fresno, and an associate degree in Fire Science from Fresno City College, and he is a graduate of the Executive Fire Officer Program. Chief Mazza has extensive collaborative experience, having served elected and appointed positions in numerous professional organizations and on regional committees and initiatives.He has served as the Fire and Rescue Coordinator and chaired the California Incident Command Certification System Peer Review Committee for the California Emergency Management Agency Monterey County Operational Area, and he also served on the Monterey County Operational Area Grant Approval Authority for the California Department of Homeland Security. He has served as President of the Monterey County Fire Chiefs Association and represented county fire agencies on committees providing governance and policy oversight of the Monterey County voice and data emergency communications and dispatch systems. He obtained grant funding and facilitated implementation of a mobile data conmtunications system rot- Monterey County fire agencies in 2010 and initialed and led the continuing effort to develop a regional shared governance fire agency for the Monterey Peninsula. Relevant Experience: The following is a small selection of Chief Mazza's consulting experience since joining Citygate: O Scrvcd as Senior Fire Services Specialist for a service level assessment of the Orange County Fire Authority's Flcet Services Division to ascertain the efficiency and effectiveness of Flect Services' operations and ensure compliance with policies/procedures, best practices, and regulatory agencies. This was one of seven as- needed organizational service level assessments of operations for Orange County Fire Authority as part of a Master Services Agreement, O Served as Senior Fire Services Specialist f'or a service level assessment of the Orange County Fire Authority's Field Deployment services utilizing the Standards of Coverage methodology.This was one of seven as-needed organizational service level assessments of operations for Orange County Fire Authority as part of a Master Services Agreement. O Served as Senior Fire Services Specialist and Project Manager for a deployment study and assessment of the City of Redlands Fire Department. O Served as Senior Fire Services Specialist and Project Manager for a community risk assessment and Standards of Coverage analysis for the City of Santa Monica Fire Department. O Served as Senior Fire Services Specialist for all operational enhancements study for the County of Santa Barbara Fire Department, an update to the fine service deployment and departmental performance audit study Citygate previously performed for the Department. O Served as Senior Fire Services Specialist and Project Manager to conduct a Standards of Coverage assessment and Master Plan update for the Chino Valley Independent Fire District. Project Team Resumes page 18 Exhibit Al CITYGATr AssoclATiu;,LLC NLCRARL W.DVER,PAPA Chief Dyer began his public safety career over 36 years ago. He is a former Chief Deputy in the Los Angeles County Fire Department and retired as the Fire Chief of the Santa Barbara County Fire Department. During his career, lie also served as an Ocean Lifeguard Specialist, firefighter, firefighter Paramedic, firefighter Specialist, Fire Captain, Battalion Chief, and Assistant Fire Chief. Chief Dyer holds a bachelor's degree in Physical Education and a master's degree in Public Administration from California State University, Northridge. He has also completed the Executive Leadership Program at the Naval Postgraduate School, fit addition to his formal education, he is also certified as a Hazardous Materials Specialist and Paramedic, and he achieved the certification of Fire Chief from the California State Fire Marshal. Chief Dyer recently served on several statewide committees. He served on the Califomia Joint Apprenticeship Management Board, Chair of CAI. FIRE: Contract Counties, and the Chair of the FIRESCOPE Board of Directors. Relevant Experience: The following is a selection of Chief Dyer's consulting experience sincejoining Citygate: O Served as Fire Services Specialist for an operational enhancements study for the County of Santa Barbara Fire Department,an update to the fire service deployment and departmental performance audit study Citygate previously performed for the Department. O Served as Fire Services Specialist for a community risk assessment and Standards of Coverage analysis for the City of Santa Monica Fire Department. O Served as Fire District Services Specialist to conduct a regional fire services Standards of Coverage analysis and a capacity constraint analysis for the Ventura County Fire Protection District. O Served as Fire and Emergency Services Specialist for a service level assessment of the Orange County Fire Authority's Emergency Command Center to ascertain the efficiency and effectiveness of the activities of the FCC and ensure compliance with policies/procedures, best practices, and regulatory agencies. "Phis was one of seven as- needed organizational service level assessments of operations for Orange County Fire Authority as part of a Master Services Agreement. O Served as Fire and Emergency Services Specialist for a service level assessment of the Orange County Fire Authority's Executive Leadership Team and Human Resources functions to ascertain the efficiency and effectiveness of leadership and personnel operations and ensure compliance with policies/procedures, best practices, and regulatory agencies. 'rhis was one of seven as-needed organizational service level assessments of operations for Orange County Fire Authority as part of a Master Services Agreement. O Served as Fire Services Specialist to conduct a fire services Standards of Coverage analysis for the Alameda County Fire Department. O Served as Fire Services Specialist to conduct a fire communications center and lifeguard dispatch review. Citygate performed it fire dispatch merger feasibility study for the San Diego Fire-Rescue Department with the Heartland Communications Facility Authority and North County Dispatch Joint Powers Authority, along with a parallel feasibility study of merging lifeguard dispatch with San Diego fire dispatch. Project Team Resumes page 19 Exhibit Al CrrvcA•Its AssoCtnTEs, LLC DAVID C.DERoos,MPA,CIVIC Mr. DeRoos is the President of Cilygate Associates, LLC and former Deputy Director of the California Redevelopment Association. He earned his undergraduate degree in political science/public service(Phi Beta Kappa) from the University of California, Davis, and he holds a master's degree in public administration from the University of Southern California. Mr. DeRoos has over five years of operational experience as a local government administrator in land use planning, budgeting, and personnel and 30 years of consulting experience performing operations and management reviews of local government functions. Prior to joining Citygate in 1991,he was a Senior Manager in the State and Local government consulting division of Ernst&Young. Relevant Experience: O For all Cilygate projects, Mr. DeRoos reviews work products and is responsible for ensuring that each project is conducted smoothly and efficiently within the schedule and budget allocated and that the project deliverables are in conformance to Citygate's quality standards. C As part of a Master Services Agreement, served in an oversight capacity for seven organizational service level assessments of consultant services for the Orange County Fire Authority,which included assessments of the Emergency Command Center,the Executive Leadership '['earn and Hunuan Resources functions, the Emergency Medical Services Department, Field Deployment services, the Fleet Services Division, Business Services functions, and the Community Risk Reduction Department. O Served in an oversight capacity for a deployment study and assessment of the City of Redlands Fire Department. O Served in an oversight capacity for a community risk assessment and Standards of Coverage analysis for the City or Santa Monica Fire Department. O Served in an oversight capacity for a fire services deployment and departmental performance audit for the Santa Barbara County Fire Department. O Served in an oversight capacity for an operational enhancements study For the County of Santa Barbara Fire Department, an update to the fire service deployment and departmental performance audit study Cilygate previously performed f'or the Department. O Served in an oversight capacity to conduct a Standards of Coverage assessment and Master Plan update for the Chino Valley Independent Fire District. O Served in all oversight capacity to conduct a fire services Standards of Coverage analysis for the Alameda County Fire Department. 4 Served in an oversight capacity for it fire department planning study for the City of Carlsbad, which included an evaluation of all aspects of the Fire Department and fire headquarters systems review; a Standards of Coverage planning analysis (fire station and crew deployment); fire station and staffing infrastructure triggers For additional resources, if needed;and an analysis of headquarters and prevention systems. O Served in an oversight capacity for a Standards of Coverage study and evaluation of fire, rescue, and emergency medical services delivery for the City of Iluntington Beach, California. Project Team Resurnes page 20 EXHIBIT "B" Payment Schedule (hourly Payment) A. hourly Rat CONSULTANT'S fees l'or such services shall be based upon the following hourly rate and cost schedule: Consulting Fees: $46,705 Reimbursable Expenses: $378 Administration (5% of Hourly Pees): $2,335 Total Cost: $49,418 B. Travel. Charges for time diving travel are trot reimbursable C. Billine 1. All billing shall be done monthly in fiflecn (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who perforated it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice tar each monthly payment due. Such invoice shall: A) Reference this Agreement; 13) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of' CONSUL.TANT's firm that the work has been perforated in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does riot approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought 1 Exhibit B into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance find in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if' CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 2 Exhibit B PROFESSIONAL SLRVICLS CONTRACT BETWEEN 'I'l IE CITY OF HUNTINGTON BEACH AND CITYGATE ASSOCIATES, LL.0 FOR STANDARDS OF COVER STUDY, COMMUNITY RISK ASSESSMENT, AND FACILITY ASSESSMENT Table of Contents IScope of Services.....................................................................................................1 2 City Staff Assistance................................................................................................2 3 Term; "Time of Perfoamance.....................................................................................2 4 Compensation ..........................................................................................................2 5 Extra Work...............................................................................................................2 6 Method of Payment..................................................................................................3 7 Disposition of Plans, Estimates and Other Documents ...........................................3 8 Hold Harmless .........................................................................................................3 9 Professional Liability Insurance.............................................................................4 10 Certificate of Insurance............................................................................................5 11 Independent Contractorr............................................................................................6 12 Termination of Agreement.......................................................................................6 13 Assignment and Delegation......................................................................................6 14 Copyrights/Patents...................................................................................................7 15 City Employees and Officials..................................................................................7 16 Notices.........................................................................................7 17 Consent ....................................................................................................................8 18 Modification.............................................................................................................8 19 Section Headings .....................................................................................................8 20 Interpretation of this Agreement..............................................................................8 21 Duplicate Original....................................................................................................9 22 immigration...............................................................................................................9 23 Legal Services Subcontracting Prohibited................................................................9 24 Attorney's Fees..........................................................................................................10 25 Survival.....................................................................................................................10 26 Governing Law .........................................................................................................10 27 Signatories.................................................................................................................10 28 Entirely......................................................................................................................10 29 Effective Date.................................................................................11 >r .�� CITYG-1 ��ORO TE CERTIFICATE OF LIABILITY INSURANCE o 06l`1t010f1zo21 osol THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, conaln policies may require an endorsement. A statement on this certlflcate does not confer rights to the certificate holder In Ilou of such endorsements. PRODUCER 916-961.6000 POTCummIns Insurance Agency Cummins Insurance Agency,Inc. 916961-6000 916-961-3046 LI°ense H OC42488 L�No ETtj_ li No): 4401 Hazel Avenue,Suite 110 s8:debbiec Cumm ns nsuran Ce.com Fair Oaks,CA 95628 -- Cummins Insurance Agency,Inc NSUREFUSIAFECROINO COVERAOE NA Q II wsuRERA:Sentlnel Insurance Company Ltd 11000 SUREO wsuREae,Hartford Ins Co of the MIdW 37478 It date Associates, LLC 8Y PCoDolf�p°e Dff ve Bulls 150 INSURER c:Lloyds of London 085202 Fo som, CA 956�0 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER; REVISION NUMBER: THIS IS TO CERTIFYTHAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS. IM TYPE OF INSURANCE B POLICY NUMBER POLICY EFF POLICY EXP LWR9 X COMHERCIAL GENERAL LIABILITY EACH OCCURRENCE & 2,000,000 CLAIMS MADE OCCUR X X 7SBAAZI255 07/1512021 0711512022 UAMAGE TO RENTED 1,000,000 PrlmarylNon-Contr _PREMISES lEAcccbe 10,000 P R ONAL L ADV INJUnY 1 2,000,000 GENY AGGR AIE UMII I SPER: A AG R ATF 1 4,000,000 X POLICYr7a- Loc 4.000,000 OTHER A POMOSILELEABILITY OMB OSRlGIE LIMIT S2,00 ,000 ANY AUTO XX 57SBAAZI255 0711512021 0711512022 nl y N rsOWNED SCHEDULED AUTOOS°NLY AOUTNOpSy/ pBODLY INJJRY(Pp accident I AUTOS ONLY X AV 105°N[Y OPER�Y DAMAGE t ht. aeccl ?I A X UMeRELLAUAG X OCCUR 1 ccut c- 1 4,000,000 EXCESS LUB CLA sMADE X X 57SBAAZ1255 0711512021 07115f2D22 AG REGATE 4,000,000 DEC X RETENTIONS 10,000 B ZAIT.SL COMPEN9A0 X PFX OTN� AND EMPLOYYER9'LLNBIILL IY ��yy�L�� pApF �PREROPRIFTORN��FVHA:QIRW IJ NIA X 7WECEU6620 10101/2020 1010112021 1,000,000 (Alandalary L j E.L.EACH ACCIDENT f II Of d.c=Eaff E I_DISEASE.FA FMPLOYF.E 1 1,000,000 IPT IONS A -,POLICY llhl 1,000,000 C Pro ess ona PS 827 0 2 202 021 f2 2 Occurence 2,000.000 aggregate 2,000,000 DESCRPTION OF OPERATIONS I LOCATIONS I VEHCLES (ACORD 101,Add Uonal Ram v .Be Mdula,mry ba alluhad B men apace la raqulntl) Addltlonal Insured: Cltyof Huntington Beach, Its officers,elected or APPROVED AS To FORM appointed officials,employees,agents and colunteers per attached By: MICHAELE.GAT yES k CITY ATTORNEY CITY OF HUNTINGTON BEACH HUNTI-7 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Maln St. Huntington Beach,CA 9264E AUUT�THORILEDR6PRESENTA1NE ACORD 25(2016103) (V 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: 579SAA21255 THIS ENDORSEMENT ;.HANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy Is subject to the following additional Conditions: A. If this policy Is cancelled by the Company, other If notice Is mated, proof of mailing to the last known than for noo-payment of premium, notice of such mailing address of the certificate holder(s) on file wlin cancellation will be provided at least thirty (30)days the agent of record or the Company will be sufficient in advance of the cancellation Effective date to the proof of notice. certificate holder(s) with mailinc addresses on file Any notification rights provided by this endorsement with the agent of record or the Ccmpany. apply only to active certificate holder(s)who were issued B. If this policy is cancelled by the company for non- a cerlificale of insurance applicableto this policy's term. payment of premium, or by the insured, notice of Failure to provide such notice to the certificate holder(s) such cancellation will be proviced within ten (10) will not amend or extend the dale the cancellation days of the cancellation effective date to the becomes effeclve, nor will it negate cancellation of the certificate holder(s) with mailing addresses on file policy. Failure to send notice shall impose no liability of with the agent of record or the Ccmpany. any kind upon the Company or Its agents or representatives. Form 88 12 23 06 11 Page 1 of 1 0 2011,The Hartbrd Policy Nuriber : 5?SBAAZ1255 it THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT -AGGREGATE LIMITS (PER PROJECT) This endorsement modifies insurance provided under lhefdlowing BUSINESS LIABILITY COVERAGE FORM A. Section 0. LIABILITY AND MEDICAL EXPENSES 4. If the applicable "project" has been abandoned, LIMITS OF INSURANCE is amended as follows: delayed, or abandoned and then restarted, or if 1. The Gereral Aggregate Limt under Section D. the authorized contracting parties deviate from LIABILITY AND MEDICAL EXPENSES LIMIT plans, blueprints, designs, specifications or OF INSURANCE applies separately to each of timelades, the "project" will sfill be deemed to your"prgects". be the same "project'. 2, The limits shown in the Declarations for Liability S. The provisions of Section D. LIABILITY AND and Medical Expenses, Danage To Premises MEDICAL EXPENSES LIMIT OF INSURANCE Rented To You and Medical Expenses continue not otherwise modified by this endorsement to apply. shall continue to apply as sli ulaled. 3. When coverage for liability arising out of the B. Additional Definitions proaucts-compiatea operations nazaro Is ine Touowng oennition is aaaea to section c. provided, any payments for damages because LIABILITY AND MEDICAL EXPENSES of "bodily injury" or "property damage" included DEFINITIONS: In the 'products-completed operations hazard" 1, "Project" means "your worl(' at location(s) away will reduce the Products-Completed Operations from promises owned or rented to you, Aggregals Limit, and not raduce the General Aggregate Limit. Form SS 04 33 04 05 Page 1 of 1 © 2006,The Hartbrd THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA Policy Number: 57 fVEC EM20 Endorsement Number: Effective Date: 10/01/20 Effective hour Is the same as stated on the Information Page of the policy. Named Insured and Address: CITYGArE ASSOCIATES, LLC 600 COOLIDGE DR STE 150 FOLSOM CA 95630 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 applies only to the extent that you perform work under a written contract that requires you to obtain this agreement tom us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers'comnensa lion premium otherwise due. on such remuneration. SCHEDULE Person or Organisation Job Description Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us Countersigned by Authorized Representative Form WC 04 03 06 (1)Printed In L.S.A. Process Date: 08/22/20 Policy Expiration Date: 10/01/21 Policy Number: 57SBAA.01255 it I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy Is subecl to the following additional Conditions: A. If this policy Is cancelled by the Company, other If notice Is mailed, proof of mailing to the last known than for non-payment of premium, notice of such mailing address of the certificate holder(s) on lie Win cancellation will be provided at least thirty (30)days the agent of record or the Company will be sufficient in advance of the cancellation effective date to the prooiof notice. certificate holder(s) with mailing addresses on file Any notification rights provided by this endorsement with the agent of record or the Ccmpany. apply only to alive certificate holders)who were issued B. If this policy is cancelled by the company for non- a certificate of insurance applicable to this policy's term. payment of premium, or by the insured, notice of Failure to provide such notice to the certificate holder(s) such cancellation will be provlced within ten (10) will not amend or extend the date the cancellation days of the cancellation affective date to the becomes affecbve, nor will it negate cancellation of the certificate holder(s) with mailing addresses on file policy. Failure to send notice shall impose no liability of with the agent of record or the Ccmpany. any kind upon the Company or its agents or representatives. Form SS 12 23 06 11 Page 1 of 1 0 2011,The Hartbrd Policy Number: 57SBAAZI255 Insured: Citygate Associates, LLC Policy Dates: 7/15;2020 - 7/15/2021 BUSINESS LIABILITY COVERAGE FORM Form SS 00 08 04 08 © 2005,The Hartlord QUICK REFERENCE BUSINESS LIABILITY COVERAGE FORM READ YOUR POLICY CAREFULLY BUSINESS LIABILITY COVERAGE FORM Beginning on Page A. COVERAGES 1 Business Liability 1 Medical Expenses 2 Coverage Extension-Supplementary Payments 2 B. EXCLUSIONS 3 C. WHO IS AN INSURED 10 D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 14 E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 15 1, Bankruptcy 15 2. Duties In The Eyenl Of Occirrence, Offense, Claim Or Suit 15 3. Financial Responsibility Laws 16 4. Legal Action Against Us 16 5, Separalon Of Insureds 16 6. Representations 16 7. Other Insurance 16 8. Transfer Of Rights Of Recovery Against Others To Us 17 F. OPTIONAL ADDITIONAL INSURED COVERAGES 16 Additional Insureds 16 G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 20 I Form SS 00 08 04 05 I BUSINESS LIABILITY COVERAGE FORM Various provisions In this policy reslrcl coverage. Read he entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer b the Named Insured shown In the Dedaralions. The words "we", "us"and"our" refer to the stock insurance company memberof The Hartford providing this insurance. The word "insured"means any persoi or organization qualifying as such under Section C. -Who Is An Insured. Other words and phrases that appear In quotation mark, have special meaning. Refer to Secton 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 hjury" or "property damage" us du ng the policy a. We will pay those suns that the insured eriod; and becomes legally obligated to pay as p (c) Prior to the policy period, no insured damages because o' "bodily injury", "properly damage" or "personal and listed under Paragraph 1, d Section advertising Injury" to which this Insurance "e p Who Is An Insured and no applies. We will have the right and duty to "employee" onceaudho zed by you to give defend the insured Egatnst any "suit" or receive knew notice of an "occurrence" 6.--- a. _a_. u_..... . „,_ —11, or claim, knew that the 'bodily injury have no duty to defend the insured against In -progeny n part.' n u h a list e, 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 advertsing Injury' to which this Insurance the "bodily injury" or "property does not apply. damage" occurred, then any We nay, at our discretbri, 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 gay 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 tc 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 paynent 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 dher obligation or liability to pay sums or occurred at the earliest time when any perfmn 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-Supplamentary Payments, authorized by you to give or recolve 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 0 2005,The Hartbrd BUSINESS LIABILITY COVERAGE FORM (2) Receives a written a verbal demand or b, We will make those payments regardless of dalm 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 infury" or "property damage" has (1) First aid administered at the time of an occurred or has begun to occur. accident; d. Damages because of"b>dily 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 :are 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 x 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 Coverage for"bodily Injury" applies. We (b) You are not engaged in the do not have to furnish these bonds, business or occupation of providing such services. (3) The cost of appeal bonds or bonds to (2) For the purpose of determining the release attachments, but only for bond imam or maurance rcr tnciuemai meuicai amounts within the aoollcable limit of malpractice, any act or omission insurance. We do not have to furnish these bonds. together with all related acts or omissions in the firnishing of these (4) All reasonable expenses incurred by the seMces to any oae 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 expanses 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 owi 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 'boverage territory" and during the judgment and before we have paid, policy period; offered to pay, or deposited in court the (2) The expenses are imurred and reported part of the judgment that Is within the b us within three yaars of the dale of applicable limit of insurance. he 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 cholce 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 lfe Insured is also attorneys' fees incurred by us in the named as a party to lie "suit", we will defense of that indemnitee, necessary defend that Indemnite3 If all of the litigation expenses Incurred by us and following conditions are net: necessary litigation expenses incurred (1) The "suit" against the indemnitea by the indemnitee at our request will be seeks damages for mhich the Insured paid as Supplementary Payments, has assumed the liability of the Notwithstanding the provisions of indemnitea in a contact or agreement Paragraph 1.b.(b) of Section B. — that Is an"Insured ccnlract"; 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. Ore defense of, that indemnitee, has Our obligation to defend an insureds also been assumed by the insured in indemnitee and to pay for attorneys' fees Ora same Insured antrael"; and necessary litigation expenses as (4) The allegations in he "suit" and the Sapplamentary Payments ends when: information we kiow 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 betveen the interests Judgments or settlements; or of the insured and he Interest of the (2) The conditions set forth above, or the Indemnitee; terms of the agreement described in (5) The indemnitee anc the Insured ask Paragraph(6)above,are no longer met. as to conduct and control the defense B. EXCLUSIONS of that indemnitee against such "suit"and agree that we can assign the 1. Applicable 7o Business Liability Coverage same counsel to defend the insured This insurance does not apply to: and the inrramnitaa: and �. Ren.etnd O] Intondud Injury (6) The indemnitee: (1) "Bodily injury" o• "property damage" (a) Agrees in writing to: expected or intended from the (1) Cooperate with us In the standpoint of the insured. This Invasligatiorn settlement or exclusion does not apply to "bodily defense of tfe"suit"; Injury" or "property damage" resulting from the use of reasonable force to (II) Immediately send us copies of protect persons or property; or any da rends, notices, (2) "Personal and advertising injury" arising summonses or legal papers out of an offense committed by, at the received in connection with the "suit"; the direction of or with e consent or III Notify an oher insurer whose acquiescence of the insured with the ( ) fY Y expectation of Inflicting 'personal end coverage is available to the advertising Injury". Indemnitee; and b. Contractual Liability (Iv) Cooperate with us with (1) "Bodily injury"or'property damage"; or respect to (oordinating other 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. (1) 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 aid control the "personal and advertising Injury"that defense of he 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) "Bodiy Injury' or'property damage" (b) Performing duties related to the assumed In a cortracl or agreement conduct of theinsured's business,or that Is an "ihsured contract (2) The spouse, child, parent, brother or provided the "bodily injury' or sister of that "employee" as a "pmperty damage" occurs consequence of (1)above. subsequent to the execution of the This exclusion applies: contract or agreement. Solely for Whether the Insured may the purpose of lobillty assumed In O an employera or ur d ay be liable s an insured codrecl", reasonableY y; attorneys' fees and necessary and Iiligabon expanses 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 (1) Liability to such party for, or for contract". the cost of, that parlya defense f. Pollution has also been assumed In the same"insures contract",and (1) "Bodily injury", "property damage" or (II) Such attorneys' fees and "personal and advertising Injury' arising out of the actual, alleged or litigation e>penses are for threatened discharge, dispersal, defense of that party against a seepage, migration, release or escape civil or aliernative dispute of'pollutants": resolution pnceeding 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. "Bod1y injury" or "property damage" for However, this subparagraph does which any insured maybe held liable by not apply to: reason of: (1) "Bodily injury"if sustained within (1) Causing or conbibuting to the a building and caused by intoxication of any person; smoke, fumes, vapor or soot (2) The furnishing of aiccholic beverages to produced by or originating from a person under the legal drinking age or equipment that is used to heat, under(he influence ofalcohol;or cool or dehumidify the building, (3) Any statute, ordinance or regulation or equipment that Is used to heal water for personal use, by relating to the sale, sift, distribution or the building's occupants or their use of alcoholic beverages. guests; This excluslon applies any If you are In the e(i() "Bodily injury" or uproperty business of manufarduring, dlatributing, selling, serving or furnishing alcoholic damage"for which you may be beverages. held tiara, if you are r d. Workers' Compensation And Similar contractor and One saner or Laws lessee of such premises, site a 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 corn compensation law or g g V 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 he insured; or than that additional insured;or Page 4 of 24 Fonm SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (III) "Bodily Injury" or "properly 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) Al 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 contractoror subcontractor, or as waste by or fcr. (Ili) "Bodily injury" or "property (1) Anymsured;or damage" arising out of heat, (II) Any person or organization for smoke or fumes from a whom you may be legally "hostile fife"; or responsible; (a) Al or from any premises, site or (d) At or from any premises, site or location on whch any insured or any contractors or subcontractors location contractors which any insured or working direcly or indirectly on any any working directly or indirectly subcontractors insured's behalf are performing anyworking directly or indirectly re operations if the operations ere to per insured's behalf are test for, monitor, dean up, rernove, 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 effectsot,'pollulanls". connection with such operations by sEwh ingircd. rnnirnrinr nr (2) Any loss, cost or expense arising out subcontractor. However, this of any: subparagraph dces not apply to: (a) Request, demand,order or statutory (1) 'Bodily injuy' or "property or regulatory requirement that any damage" arsing out of the insured or others test for, monitor, escape of fuels, lubricants or dean up, remove, contain, treal, other operating fluids which are detoxify or neutralize, or In any way needed to parform 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 fluds 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 injuy" or "property However, this paragraph does not damage" arises out of the apply to liability for damages because Intentional di;charge, dispersal of "property damage" that the Insured or release of the fuels, would have in (he absence of such lubricants o• other operating request, demand,order or statutory or fluids, or If such fuels, regulatory requirement, or such claim lubricants o other operating or "suit" by of on behalf of a flilds are brought on or to the governmental authority. premises, sib or location with the intent that they be discharged, dispersed or Form SS 00 08 04 05 Page 5 of 24 BUSINESS LIABILITY COVERAGEFORM ' I g. Aircraft,Auto Or Water raft (2) The use of "moble equipment" In, or "Bodly injury' or "property damage" arising while In practice or preparation for, a out of the ovmershlp, maintenance, use or prearranged racing, speed or entrustment to others of any aircraft, "auto" demolltlon contest or in any stunting or watercraft owned or operated by or rented activity. or loaned to any insured. Use Includes 1. War operation and"loading or unloading". "Bodilyinjury", This excluslen a Iles even If the claims d ' "properly damage" or pp "personal and advarUslnp Injury*, however against any Insured ailcge negligence or caused, arlsing,directly or indirectly,out of: other wrongdoing in the supervision, hiring, employment, training or monitoring of others (�) War, Including undeclared or civil war; by that Insured, If the "occurrence" which (2) Warlike action by a mllltary force, caused the "bodily Injury" or "property including action in hindering or damage" involved the ownership, defending against an actual or maintenance,use or antnstmenl 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 tented 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 waters aft while ashore on premises governmental auhority In hindering or defending against any of these. you own or rent; J. Professional Services (2) Awatercrafl you do not own that is: "Bodily injury", "property damage" or (a) Less than 51 fast long; and "personal and advetUsing Injury" arising (b) Not being used to carry persons out of the rendering of or failure to render for acharge: 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) Uability assumed under any "insured prepare or approve maps, shop contract" for he 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; Vie equipment listedin Paragraph f.(2) (4) Medical, surgical, dental, x-ray or or f.(3) of the definition of "moblle nursing services treatment, advice or equipment"; or Instruction; (6) An aircraft. that is rot 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 exception does not apply if the Insured (6) Any service, treatment, advice or Ms any other Insurarce for such "bodily instruction for the purpose of injury" or "property Jamage", whether appearance or skin enhancement, hair be other Insurance is primary, excess, removal or replacement or personal contingent or on any diner basis, grooming; h. Mobtie Equipment (7) Optical or hearing aid services Including the proscribing, preparation, "Bodily Injury" or "pioperty damage" fitting, demonstration or distribution of arising out of: ophthalmic lenses and similar (1) The transportation of'moblle equipment" products or hearing aid devices; by an "auto" owned or operated by or tented orloaned to ary insured;or Page 6 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (8) Optometry or opbmelrlc services Paragraphs (1), (3) and (4) of this Including but not limi'ed to examination exclusion do not apply to "properly cf the eyes and the prescribing, damage" (other than damage by fire) to preparation, fitting,demonstrabon 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 (g) Any; of Insurance applies to Damage To (a) Body piercing (not Including ear Promises Rented To You as described in Section I), - Limits Of insurance. piercing); Paragraph (pr of this exclusion does nod (b) Tattooing, including but not limited apply the premises are "your work) and to the Insertion d pigments Into or were never occupied, rented or hold for under the skin; aid 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 (11) Computer consulfhg, design or exclusiont ( ( and {8) of Otis donotapp 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 Ircidental 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. Darnngo 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 "Propehty damage" to "your product" mcurrou oy you, or any under person, ansing out or It or any pan or it. crganiza4on or artily, for repair, m. Damage To Your Work replacement, enhancement, resloraOm 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'sproperty: 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 Ihosa premises; behalf by a subcontractor, (3) Property loaned to you; In. Damage To Impaired Property Or (4) Personal property in the taro, custody Property Not Physically Injured or control of the Insured; "Property damage" to "impaired property" (5) That partcular part cf real property on or property that has not been physically vrhich you or any contractors or jured, arising out of: subcontractors worhing directly or (1) A defect, deficiency, inadequacy or Indirectly on your behalf are performing dangerous condition In "your producf' operations, If the "aropeny 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 hat 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 ")our 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 (0) Title of any lkarary 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 yot 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"; (2) "Your work"; or (c) co provider. Internet a access, 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 parson or organization advertising Injury" In Section G. - because of a known or suspected defect, Liability And Medical Expenses deficiency, Inadequacy or dangerous Definitions. condllon In It For the purposes of this exclusion, p. Personal And Advertising Injury placing an 'advertisement" for or "Personal and advertising iniury": linking to others on your web site, by (1) Arising out of oral, Witten or electronic Itself, is not considered the business publication of material, if done by or at of advertising, broadcasting, the direction of tie insured with publishing or telecasting; knowledge of Its feisty; (9) Arising out of an electronic chat room (2) Arising out of oral, Witten or electronic or bulletin board (he Insured howls, publication of material whose first owns, or over which the insured publication look pace before the exercises control; beginning of the policy period; (10) Arising out of the unauthorized use of (s) edai e o"t of. .mot moo. Mitted another's name or product in your a-mal by or at the direclionof the insured; aaaress, domain name or metatags, or any other similar tactics to mislead (4) Arising out of any beach of contract, another's potential customers; except an implied contract to use (11) Arising out Of the violation of a "advertilsement"; another's "advertising Idea" In your person's right of privacy created by any stale orfederal act. se(5) Arising out the (allure of goods, However, this exclusion does not products or services to conform with any statement of quality or apply to liability for damages that the performance male in your Insured would have in the absence of 'advertisement"; such slate or federal act; (6) Arising out of the wrong description of (12) Arising out of: the price of goods,products or sarvicas; (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 excualon 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 he slogan is also (1) Yourwebsite; or a trademark, trade name, service (It) The presentation or functionality mark or other designation of origin of an "advertisement" or other or aulhenticity; o• content on your web site; Page 8 of 24 Form SS 00 08 04 05 BUSINESS LIABILITYCOVERAGE FORM (13) Arising out of a vlolaflon 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 stock;, 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 "execuUve officer", (b) Arise out of any request, demand, director, stockholder, partner or order or statutory or regulatory nemberof the insured. requirement [hat any insured or q. Electronic Data others test for, monitor, clean up, remove, encapsulate, contain, Damages arising out of he loss of, loss of treat, detoxify or neutralize or In use of, damage to, cornplion 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. Employmant•RalatedPacticos damages because of testing for, "Bodly injury" or"personal and advertising monitoring, cleaning up, removing, injury' to: encapsulating, containing, treating, (1) A person arising out:)f any: deloxifyng or neutralizing or in any way responding to or assessing the (a) Refusal to empicy that person; effects of an"asbestos hazard". (b) Termination of that person's I. Violation Of Statutes That Govem E- employmenC or Malls, Fax, Phone Calls Or Other (c) Employment-ralalad practices, Mathods 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 oeramauon, narassmern, nummauon directly or indirectly out of any action cr or dscrimination 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 adverfsing 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, ordnance or regulation, This exclusion applies: other than the TCPA or CANSPAM Act of 2003, that prohibits or limits the (1) Whether the insured may be liable as sending, transm1hng, 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 someme 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) 'Eocilly 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"asaestos 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. Font SS 00 08 04 05 Page 9 of 24 BUSINESS LIABILITY COVERAGE FORM 2. Applicable To Medical Expenses Coverage a. Atrusl, you are an insured. Your trustees We will not pay expenses far"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 tired to do work for or on behalf Your "volunteer workers" only while of an/insured or a tenant)f any Insured. performing duties related to the conduct of c. Injury On Normally Occupied Promises 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 perform'ng duties related to "emiaoyea" of any Insured, if benefits for fha conduct of your business. the 'bodily Injury" are payable or must be However, none of these "employees" or proVded 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 participalirg In any physical members (If you are a partnership exercises or games, :ports or athletic or joint venture), to your members contests, (if you are a limited Iiablllly 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 oocntionc hozord". ­1i ied (o the oo duoi of )­r 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 conflict of a business ofwhich you are the worker" as a consequence of soteowner. Paragraph (1)(a)above; b. A partnership or joint vesture, 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 pur 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 mly 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 thdr duties as your health care services. managers. If you are not In the business of d. An organization other Van 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 diredors are Insureds, but only with respect technician or paramedic employed by to their duties as your ofoors or directors. you to provide such services. Yourstockholders 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 ovar 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 acqulrod or formed the liability company), organization. b. RealEstate 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 came 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 Any person or organizaton having proper responsible for the conduct of such person is temporary custody of your property if you also an Insured, but only with reseed to liability die, but only: arising out of the operation of the equipment, and only itno other insurance of any kind is available (1) With respect to liabiliy arising out of the to that person or organization for this liability. maintenance or use d that property;and However, no person or organization Is an insured (2) Until your legal representative has with respect to: teen appointed. a. "Bodily injury" to a w"employee" of the d, Legal Representative IfYou 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[his 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 hoorporaled entity is less than 51 feet long and is not being used of which you own a financial Interest of to cant'persons for a charge,any person is an more than 50% of the voting stock on the Insured while operating such watercraft with effedlve date of[his Coverage Part. your permission. Any other person or The insurance affordec herein far any organization responsible for the conduct of The insurance not shown is the herein for any such person is also an insured, but only with subrespect to liability err and only only if no other of the operation as a named Insured does not apply to Injury or damage with respect to which an n the watercraft, a I Insured under this Insurance is also an Insurance any kind i 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. "Eodily 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 qualfy as a Named 0. Additional Insureds When Required By Insured R there is no other similar insurance Written Contract, Written Agreement Or available to that organization However: Permit a. Coverage under this prevision 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 s earner;and Form SS 00 08 04 05 Page 11 of 24 BUSINESS LIABILITY CDVERAGE FORM contract, written agreement or because of a (a) Any failure to make such permit Issued by a state or political Inspections, adjustments, tests or subdivision, that such perscn or organization servicing as the vendor has be added as an additional Insured on your agreed to make or normally policy, provided the Iniury cr 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 d the permit. with the distribution or sale of tho A person or organization is an additional products; Insured under This provision only for that (f) Demonstration, Installation, period of time required 3y the contract, servicing or repair operations, agreement or permit. except such operations performed at the vendor's premises in However,no such person ororganizaticn Is an connection 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 the Coverage Part, or sale by you, have been labeled Including all persons or orpnizations added or relabeled or used as a as additional Insureds under the specific container, pad 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 persons) or organization(s) (referred to damage" arising out of the sole negligence of the vendor for its Wow as vendor), but only with respect to own acts or omissions or those of today Injury' or "property damage" arleing Its employees or anyone else out d "your products" which are distributed acting on Its behalf. However, this or sold In the regular couse of the vendor's exclusion does not apply to: business and only 'd this Coverage Part provides coverage for "bodily Injury' or (1) The exceptions contained in property damage" included within the 0.up.,oV,pg.. t"t"' (Q. "' "products-completed operations hazard". (li) 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 contact 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 hale 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 nade 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 conlalne'; 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 additiond insureds, this Subdivisions insurance does ncd 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 stale 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 drily with respect to lability arising out to these additional Insureds, this of the ownership, maintenance or use insurance does not apply to: of that part of the and or premises ou you. (a) "Bodily Injury, "Properly damage' leased to Y or "personal and advertising (2) With respect to the Insurance afforded injury" arising out of operations b these additiond Insureds, this performed for the state or Insurance does not apply to: municipality;or (a) Any "occurrence" which takes (b) "B(xJliy 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'. prerrises; or f. Any Other Party (b) Strudural aherations, new (1) Any other person or organization who construction or demolition is not an insured under Paragraphs a. operations performed by or on through G. above, but only with behalf of such person or respect to liability for "bodily Injury', organlzatlon. "property damage" or "personal and d. Architects, Engineers Or Surveyors advertising injury'caused, in whole or (1) My archtect, engineer, or surveyor, but in part, by your acts or omissions or only with respect to liability for "bodily the ads or omissions of those acting injury-, -property eanage- or "personai —r" 6-1-1r' and advertising Injury' caused, in while (a) In the performance of your or in part, by your ads or omissions or ongoing operations; to acts or omissions of those acting on (b) In connection with your premises pur behalf: owned by or rented to you; or (a) In connection win your premises; (c) In connection with "your work"and or included wiBrin the "products- (b) In he performance of your completed operations hazard", but ongong operations performed by only if you or on your behalf. (1) The written contract or written (2) With respect to the insurance afforded agreement requires you to to these additond Insureds, the provide such coverage to following addillonal exclusion applles: such additional Insured; and This insurance does not apply to (II) This Coverage Part provides bodily injury", "properly 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 fallure 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 x engineering services, including: ectivtles. 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 spacificalions;or explosion. (b) Supervisory, inspection, 3. Each Occurrence Limit architectural )r engineering Subject to 2.e, or 2.b above, whichever activitles, 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 Saction D. — Limits "property damage" and medical expenses Of Insurance. arising out of any one "occurrence" Is the How this insurance apples 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 SectIm E,— Liability And Medical Expenses because of "bodily injury" sustained by any General Conditions. one person is the Medical Expenses Llrnil No person or organization is an insured with shown In the Dedaralions. 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 WIII Pay 5. Damage To Premises Rented To You Limit The Limits of Insurance shown In the r)anlarallnna and the ndac ternw fiv the mnsl The Damage To Premises Rented To You we will pay regardless of thenumber of: Limit is the most we will pay under suslness Liability Coverage for damages because of a. Insureds; "property damage' to anyone premises, while b. Claims made or"suits" bought; or rented to you, or In the case of damage by fire, c, Persons or organizallons 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 Produrts-Comple'ad Operations or any combination of these. Aggregate Limit shown In the Declarations. 0, 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 shove in the Declarations. written contract, written agreement or This Oeneral Aggregate Limit applies permit Issued by a slate 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 insuance 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 endxsemenls 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 "sui". However, this other information; paragraph does not apply to the Medical Expenses limit set forth In Paragraph 3, abcve. (3) Cooperate settlement with us In the investigation, seHttlement of the claim or defense The LlnVts of Insurance of this Coverage Part apply against the"suit and separately beach consecutive annual period and to (4) Assist us, upon our request, In the any remaining period of less than 12 months, starting with the beginning of the policy period shown in the enforcement of any right against any Declarations, unless the policy period is extended parson or insured that may be i after issuance for an additional period of less than 12 liable to the nsured because of Injury or damage to which this Insurance months. In hat case, the additional period will be deemed part of the Iasi preceding period for purposes may also apply. of determining the Limits of Insurarca. 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 payment, assume any obligation, or incur any expense, other 1. Bankruptcy than for first aid,without our consent. Bankrupby or insolvency of the insured or of e. Additional Insured'sOther Insurance the insured's estate will not relieve us of our if we cover a cialm or "suit" under this obligations under this Coverage Part. Coverage Part that may also be covered 2, Duties In The Event Df 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 other Insurer for defense and indemnity. it t I haatt we are env e gnnal ifiee notified as mncl sea to t r as soon as however, rms Provision apes not apply ro pracfcable 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-cwntrlbutory with the additional (1) How, when and where the "occurrence" insured's own insurance. oroffense look 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 arisirg 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 daim 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) hnmediately record the specifics of the (3) Any manager, if you or an additional claim or "suit" and he date received; insured is a limited liability company; and (4) Any "executive officet' or Insurance (2) Notify us as soon as practicable. manager, H you or an additional You or any additional Insured must see to insured is a corporation; it that we receive a wrtten notice of the (5) Any trustee, if you or an additional claim or"sull' as soon a: 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 involvad Insured must: subdivision or public entity. Form SS 00 06 04 05 Page 15 of 24 BUSINESS LIABILITY COVERAGE FORM This Paragraph f. apples 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 Ifuninlenfionally you should fail to disclose the provisions of any motor vehicle at hazards relating to the conduct of yorr finam al responsibility law, the Insurance buslness at the inception date of this provided by the policy for "bodily Injury" Coverage Part, we shall not deny any liability and "property, danage" 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 T, Other Insurance Insurance required by that law. If other valid and collectible insurance is b. With respect to "mobib equipment" to available for a loss we cover under this which this Insurance applies, we will Coverage Part, our obligations are limited as provde 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 Tnis 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 insurance by the method described In c, No person or organization has a right under below. this Coverage Form: a. To Jan us as a party or otherwise bring us b. Excess Insurance Into a "sult" asking for damages from an This insurance is excess over any of the insured;or otter 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 compiled (t) Your Work _41'• r ndt is rim, cmanoeo coverage, A person or organization may sue us to recover Builder's Risk, Installation Risk or on an agreed soUlemenl or on a final Judgment similar coverage for"your work"; against at Insured; but we wil not be liable for (2) Premises Rented To You damages that are not payable under the tenns of this Insuance 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 settlement means a settlement and release of or temporarily occupied by you with liability signed by us, the insured and the permission of the owner; claimant or the daimanl's lega representative. (3) Tenant Liability 5. Separation Of Insureds That is Insurance purchased by you to Except Hith respect to the Units of Insurance, cover your liability as a tenant for and any rights or duties specifically assigned "property damage to premises rented in this policy to the first Named Insured, this to you or temporarily occupied by you Insurance applies: with permission of the owner; 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" s brought, the extent not subject to Exclusion g, of Section A.-Coverages. 8. 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 conplete; 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. i 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 liabilty for damages (1) The total amount that all such other arising out of ae premises or Insurance would pay for the loss In the operations, or products and completed absence of this insurance; and operations, for whlci you have been (2) The total of all deductible and sell- added as an additicral 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 spedfically to apply in excess of the additional Insured. I-mits 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 orgarization who is an If all the other insurance permits additional insured under this Coverage contribution by equal shares,we will follow Part: the method also. Under this approach, (a) Primary Insurance When each insurer contributes equal amounts Required By Centract 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 wil insurance Is also primary, we will contribute by limits. Under this method,each .h.— ..al, all U..l _u. hr ......e n­_ . d,__ {u b._d an Um —C. of Ib by the method described in c. applicable limit of Insurance to the total below. appilcabie limits of Insurance of all insurers. @) Primary And Mon-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 ageed in a written If the Insured has rights to recover all or contract, written agreement or part of any payment, including permt that lhs insurance is Supplementary Payments, we have made primary and nor-contributory with under this Coverage Part, those rights are the additional Insured's own transferred to us. The Insured must do Insurance, lhls Insurance is nothing after loss to Impair them. At o'er primary and wa will not seek requasl, the Insured will bring "sufl" 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. ether Insurance to which the additional b. Walver Of Rights Of Recovery (Waiver insured has been added as an Of Subrogation) additional insured. W If the Insured has valved any rights of When this Insurance Is excess, we will have no du under this Coverage Part to recovery against any parson or h g organization for all or part of any payment, defend the insured against any"suit" if any Including Supplementary Payments, we other Insurer has a dUy 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 volt be entitled to the Insured's such person or organization in a contract, rights against all those oher 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 COVERAOEFORM 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 it the Declarations, amended to include as an additional Insured one or more of the following Cptional 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 B, (Additional Insurers When Required their liability as grantor of franchise to you. by Wdtten 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 applicaale to Business insured the person(s) or organizallon(s) Liability Coverage in this policy, except as shown In the Declarations as an Additional provided below: Insured — Lessor of Leased Equipmenl, 1, Additional Insured • Oesigiated Person Or but only with respect to liability for 'bodily Organization Inury", "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 organizatioi(s) shown in the use of equipment leased to you by such Declarations, but only with 'aspect to liability person(s)or organizafion(s). for 'bodily injury", "property damage" or b. With respect to the insurance afforded to "personal and advertising lijury" caused, in base additional insureds, this insurance whole or In part, by your acis 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: oqulpment. a. In tie performance of your ongoing 5. Additional Insured - Owners Or Other operations; or Interests From Whom Land Has Been U. M wnncuuvn w10. y,,.., I aac"d 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 addlional Of Premises insured the person(s) or organization(s) a. WHO IS AN INSURED under Section C. is shown In Die Declarations as an anal Insured—Owners Or Other Interests From amended to include as ar additional Insured Whom Land Has Been Leased, but only the person(s)or organizaton(s)shown in the vAh respect to Ilabildy arising out of the Declarations as an Additional Insured - ownership, maintenance or use of that pats 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 yoi and shown In the b. Wllh respect to the insurance afforded to Declarallons. 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 apfdy: (1) Any "occurrence' that takes place This insurance does not apply to: after you cease to lease that land;or (1) Any 'occurrence" Mich takes place (2) Structural alterations, new after you cease to to a tenant in that construction or demolition operations premises;or performed by or on behalf of such (2) Structural allegations, new person or organi2alion. construction or demolition operations 0. Additional Insured • State Or Political performed by or on behalf of such Subdvislon —Permits person of organization, a. WHO IS AN INSURED under Section C. is amended to include as an additional Insured the state our 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 Polilcal Subdivision - (e) Any failure to make such Peraits, 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 subdvlsion has issued apermil. make in the usual course of b. With respect to the insurance afforded to business, In connection with (tie these additional insureds, the following distributionorsaleof the products; additonal exclusions apply; (t) Demonstration, installation, This insurance does not apply to: servicing or repair operations, except such operations performed (1) 'Bodily Injury", "property damage" or "personal and advertising Injury" at the vendor's premises In connection with the sale of the arising out of operations performed for tie state or municipality;or product; (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, pad 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 organlzation(s) damage" arlsing out of the sole (referred to below as verdor) 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 tohalf. However, this "your products" which are distributed or exclusion does not apply to: sold in the regular course of the vendor's (1) The exceptions contained in business and only if the Coverage Part r , W.. oo .aye r ,t-a,y ice'„ Subparagraphs(d)or(f); or "property damage" Incuded within the (11) 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) "Bodry Injury" or "property the distribution or sale of the damage" for whch 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 Thle exclusion does not apply to products, or any Ingredient, part or liability for damages that the container, entering Into, vendor would hare 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 orchemical change amended to include as an additional insured in the product nade intentionally the person(s) or organization(s) shown in the by One vendor; Doclarstlons as an Additional Insured - (d) Repackaging, unless unpacked Controlling Interest, but only with respect to solely for the pumse of inspection, their lability arising out of; demonstration, testing, or the a. Their financial control of you; or substitution of parts under b. Promises 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 conslructioi 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. - Organlzalion Liability And Medical Expenses General e, 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 omlasions of those acting on your (2) Television; behalf: (3) Billboard; (1) In the performance of your ongoing (4) Magazine; operations for the additional insured(s); or (5) Newspaper, (2) In connection wih "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 Dig "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 "bcdily injury" or widespread public distribution. "properly damage" Included within the However. "advertisement"does not include: 'products-completea operations hazard". a. The design, printed material, information b. With respell to the insurance afforded to or images contained In, on or upon the Packaging or labeling of any goods or these additional Insuracs, this Insurance poducts; or does not ap ply to "bodily injury", "property b. An Interactive conva-salion between or damage" or "personall an advertising Injury" arising out of the rendering of, or among persons U rough 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 asbeatos in any form, teld orders, change xders, designs or 4. "Auto' means a land motor vehicle, trailer or drawings and specifications; or semi-trailer designed for travel on public (2) Supervisory, InspecJon, architectural roads, including any attached machinery or or engineering activiles. equipment. But "auto' does not include 10. Additional Insured - Co-Owner Of Insured "moble equipment". Premises S. "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 Organizatim(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 drdeath at any time. premisesshown h the Declaalions. 6. "Coverage territory" means: Page 20 of 24 Form SS o0 08 04 05 BUSINESS LIABILITY COVERAGE FORM a. The United States of Am3rlca (Including Its b. You have failed to fulfil 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 afspace, 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 Iransportaton between any or places included in a, above; b. Your fulfilling the terms of the contract or e. Ail olher 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. (2) The activities of a person whose home However, that portion of the contract for a lease of premises that indemnifies any is in the territory described in a, person or organization for damage by fire, above, but is away fsr a short time on lightning or explosion to premises while your business; or ranted 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 tha United Slates of b. Asidotrack 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" of the merlls according to the agreement In connection with construction substantive law in such larritory, 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. Anv obllcation. as reauired by ordinance. programs: to Indemnity a municipality, except in a. Stored as cr 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 ether media which performed for a municipality) under which are used with electroncally 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. 0. "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-lams or any other contract or agreement. similar governing document. 10. "Hostile fire" means one which becomes Paragraph f. includes that part of any 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 properly" means tangible property, demolition operations within 50 feel 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 prodicl" or"your work" underpass or crossing. that Is known or thougft 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 indemniflas an architect, (1) Power cranes, shovels, loaders, engineer or surveyor for Injury or diggers or drills; or damage arising out cf: (2) Road construction or resurfacing (a) Preparing, approving or failing to equipment such as graders, scrapers prepare or approve maps, shop or rollers; drawings, ophions, 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 b provide mobility to specifications;of permanently attached equipment of the (b) Giving directions or Instructions, following types: or falling to give them, if that Is the (1) Air compressors, pumps and primary cause of the injury or generators, including spraying, damage; or welding, bolding cleaning, (2) Under which the insured, if an geophysical exploration, lighting and architect, engineei or surveyor, well servicing equipment; or assumes liability fir an injury or (2) Cherry pickers and similar devices damage arising out of the insured's used to raise or lower workers; rendering or failire 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, armileclural or char than the transportation of persons or engineering activities. cargo. 13. "Leased worker" means a aerson 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 Tor: property: (a) Snow removal; a. After it Is moved from the place where it is (b) Road maintenance, but not accepted for movemenl Into or onto an construction or resurfacing; or aircraft, watercraft or"au.o (c) Street cleaning; b. While It Is In or on an alruafl, 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 "loafing or unloading" doss not include the generators, Including spraying, movement of property by maws of a mechanical welding, budding cleaning, device, other than a hand truck, that Is not geophysical exploration, lighting and allached b the aircraft,watercraft or'auto". well servicing equipment. 15. 'Mobila equipmenP means aiy of the following 16. "Occurence" means an accident, including types of lend vehicles, Including any attached continsous or repeated exposure to substantlaily 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 Inclucing consequential "bodily Injury", arising off public roads; out ofone 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 thattravel on crawler treads; d. Vehicles, whether self-popelled 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 roan, dwelling or which is otherwise complete, will be premises that the person occupies, treated as completed. comnilted by or on beialf of Its owner, The "bodily " " landlord or lessor; injury" or "property damage" mist away from premises you own d. Oral, written or electronic publication of or rent, unless your business Includes the malarial thatslanders orlibels a person or selling, handling or distribution of "your organization or dlaparafos a person's or product" for consumption on promises you organization's goods, prcducts or services; own or rent. o. 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: privxy; f. Coppng, in Your "afvertisement", a (1) The transportation of progeny, unless the Injury or damage arises out of a person's or organlzalbn'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 laitant or contaminan, 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 malerals to be recycled, property. All such less of use shall be reconditioned or reclaimed. deemed to occur at the time of the �. "1'M0 GL5tiVMplEreo operauwiJ naL ro"; phyubd inj—, R,ut—a J it, — a. Includes all 'bodily injuy" and "property b. Loss of use of tangible property that is not damage" occurring awry from premises physically injured. All such loss of use you own or rent and arsing 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 stil 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. "Sud" means a civil proceeding in which or abandoned. Honever, "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: yourcontract 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 jcb 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 'tea our consent, organization oaar 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"employes'; Form SS 00 08 04 05 Page 23 of 24 BUSINESS LIABILITY CDVERAGE FORM b. Donates his or her work; (2) The providing of or failure to provide c. Acts at the direction d and within the warnings or instructions. scope of duties determined by you;and e. 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 o' anyone else for use of others but not sold. theirwork performed for You. 25. "Yourwork": 24, `Your product": a, Means: a. Means: (1) Work or operatlons 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 (a) 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. firnished 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 it THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) Policy Number: 57 WEC EU6620 Endorsement Number: Effective Date: 10/01/20 Effective hour is the same as stated on the Information Page of the policy. Named Insured andAddrese: CITYGATE ASSOCIATES, LLC 600 COOLIDGE DR STE 150 FOLSOM CA 95630 This policy is subject to the following additional If notice is mated, proof of mailing to the last known Conditions: mailing address of the certificate holder(s) on file with A. If this policy Is cancelled by the Company, other than the agent of record or the Company will be sufficient for non-payment of premium, notice of such proof of no(Ice. cancellation will be provided at least thirty (30) days Any notification rights provided by this endorsement in advance of the cancellation effective dale to the apply only to active certificate holder(s)who were issued certificate holder(s) with mailing addresses on file a certificate of Insurance applicable to this policy's term. wnri u,c a9cm orrccora w u,e company. Failure to provide such notice to the certificate holder(s) B. If this policy Is cancelled by the Company for will not amend or extend the dale the cancellation non-payment of premium, or by the insured, notice becomes effecNe, nor will it negate cancellation of the of such cancellaion will be providec within ten (10) policy. Failure to send notice shall impose no liability of days of the cancellation effective date to the any kind upon the Company or Its agents or certificate holder(s) with mailing addresses on file representatives. with the agent of record or the Company. Form WC 99 03 94 Printed In U.S.A. Process Date: 08/22 0 Policy Expiration Date: 10/01/21 02011, The Hartford FIRE DEPARTMENT I I I I I 1 I RFP STANDARDS OF COVER STUDY RISK ASSESSMENT I I I I i I I Weight Factor TP KB JV AVG Total Total Rank Scores Weighted Scores I I I I I I I 10 Compliance with RFP Requirements AP TRITON 4.8 4 1 3 1 3.933 1 11.801 118.00 1 CITYGATE 5 5 4 I 4.667 J 14.001 140.00 MATRIX 4 5 5 1 4.667 1 14.001 140.001 25 Understanding & Approach AP TRITON 5 4 3 1 4.000 1 12.001 300.00 1 CITYGATE 5 5 5 f 5.000 I 15.001 375.00I MATRIX 2 4.5 3 1 3.167 1 9.501 237.501 25 Qualifications & Experience AP TRITON 4.5 1 5 1 4 1 4.500 1 13.501 337.50 1 CITYGATE 5 I 5 1 5 1 5.000 I 15.001 375.00 MATRIX 4 5 J 3 1 4.000 1 12.001 300.001 10 Clarity AP TRITON 4 5 5 1 4.667 1 14.001 140.00 1 CITYGATE 5 5 3 I 4.333 I 13.001 130.00 MATRIX 3 5 3 3.667 I 11.001 110.001 25 Price AP TRITON 4.5 4 1 4 1 4.167 1 12.501 312.50 CITYGATE 3.5 2.5 3 I 3.000 I 9.00 225.001 MATRIX 4 3 4 1 3.667 I 11.001 275.001 5 References AP TRITON 2 1 3 1 1 1 2.000 1 6.001 30.00 1 CITYGATE 5 1 5 l 5 5.000 I 15.001 75.00I MATRIX 5 5 2 J 4.000 1 12.001 60.001 TP KB JV AVG Total Total Rank Scores Weighted Scores AP TRITON 448.00 I 430.00 1 360.00 412.667 1 69.80 1 1,238.00 1 2 CITYGATE 462.50 437.50 420.00 440.000 81.00 1,320.00 1 MATRIX 345.00 437.50 340.00 1374.167 69.50 1,122.50 3 1of1