HomeMy WebLinkAboutREADWRITE EDUCATIONAL SOLUTIONS, INC. 6City of Santa Ana
.
Clerk of the Council coTcOffice Use Only
AGREEMENT TERMINATION FORM
Please complete this form in its entirety when the attached agreement and all i
amendments (if any) are no longer in effect.
Note: If your agreement is grant related, please ensure that all grant retention requirements
have been satisfied prior to signing the termination form.
Is the agreement(s) a permanent record? Yes No
Return form to the Clerk of the Council Office (M-30).Gr -i1'23 L;'-., R
Call 647-1520 if you have any questions.
The agreement with RW&011ke Y&rokima� 5AAlms \D
No. N-2019-001 was completed on Q 11611,201 and final payment has been made.
(List all amendments. Use space below if needed.)
Department:
Phone/Ext.: 5219
Signature:
Date: n12D2i,
Revised: 10-18-16
INSURANCE ON FILE
WORT( MAY PROCEED WC Declaration on file.
UNTIL INSURANCE EXPIRES
�. 9 ^.�a
CLERK OF COUNCIL
DATE, JAN 8 - 2019
O: PRCS ( �f )
Silvia Cuevas
RECREATION SERVICES AGREEMENT
N-2019-001
THIS AGREEMENT is made and entered into on this 1 st day of December, 2018, by and
between Readwrite Educational Solutions, Inc. ("Provider") and the City of Santa Ana, a charter
city and municipal corporation organized and existing under the Constitution and laws of the State
of California ("City").
RECITALS
A. The City desires to retain a recreation service provider having special skills, resources and
knowledge to provide Reading Instruction classes in its recreation class program.
B. Provider represents that it is able and willing to provide such services to the City.
C. In undertaking the performance of this Agreement, Provider represents that it is
knowledgeable in their field and that any services performed by Provider under this
Agreement will be performed in compliance with such standards as may reasonably be
expected.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
SCOPE OF SERVICES
Provider shall perform those services as set forth in Exhibit A to this Agreement.
2. COMPENSATION
In consideration for the provision of the programs set forth in Exhibit A, City agrees to pay
the Provider eighty percent (80%) of all gross revenue received from Readwrite Reading/Math
program participants and seventy percent (70%) for pre-school program participants. Total
revenue to Provider shall not exceed $25,000.00 annually. Payment to Provider shall be made
monthly within thirty (30) days following completion of the last class taught by Provider the prior
month. City shall be responsible for collecting all fees from program participants. Provider shall
not collect fees but will refer all interested participants to City for registration information.
Provider agrees that City shall retain twenty (20%) or thirty (30%) percent of all gross revenue
received from program participants, dependent on the form of enrolled program participation noted
above and detailed in Exhibit A, as an administrative fee.
3. TERM
This Agreement shall commence on January 1, 2019 and end on December 31, 2019 unless
terminated earlier in accordance with Section 12 below. The term of this Agreement may be
extended by a writing executed by the City Manager and the City Attorney.
4. INDEPENDENT CONTRACTOR
Provider shall, during the entire term of this Agreement, be construed to be an independent
contractor and not an employee of the City. This Agreement is not intended nor shall it be
construed to create an employer -employee relationship, a joint venture relationship, or to allow the
City to exercise discretion or control over the manner in which Provider performs the services
which are the subject matter of this Agreement; however, the services to be provided by Provider
shall be provided in a manner consistent with all applicable standards and regulations governing
such services. Provider shall pay all salaries and wages, employer's social security taxes,
unemployment insurance and similar taxes relating to employees and shall be responsible for all
applicable withholding taxes. Provider is not an agent, representative or employee of City and
Provider shall have no authority to act on behalf of the City.
5. INSURANCE
Prior to undertaking performance of work under this Agreement, Provider shall maintain
and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Provider shall maintain commercial general
liability insurance which shall include, but not be limited to protection against claims arising from
bodily and personal injury, including death resulting therefrom and damage to property, resulting
from any act or occurrence arising out of Provider's operations in the performance of this
Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall
be not less than the following: single limit coverage applying to bodily and personal injury,
including death resulting therefrom, and property damage, in the total amount of $1,000,000 per
occurrence and $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers,
employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not
contributory with respect to insurance or self-insurance programs maintained by the City; and (c)
contain standard separation ofinsured's provisions.
b. Worker's Compensation Insurance. In accordance with California State law, Provider,
if Provider has any employees, is required to be insured against liability for worker's compensation
or to undertake self-insurance. Prior to commencing the performance of the work under this
Agreement, Provider agrees to obtain and maintain any employer's liability insurance with limits
not less than $1,000,000 per accident.
c. The following requirements apply to the insurance to be provided by Provider pursuant
to this section:
I. Consultant shall maintain all insurance required above in full force and effect for
the entire period covered by this Agreement.
H. Certificates of insurance shall be furnished to the City upon execution of this
Agreement and shall be approved by the City.
iii. Certificates and policies shall state that the policies shall not be canceled or reduced
in coverage or changed in any other material aspect without thirty (30) days prior
written notice to the City.
2
iv. Where the amounts or coverage provided by the certificates of insurance provides
coverage greater than those listed by this Agreement, the amounts provided by the
certificates of insurance shall be incorporated by reference into the Agreement.
V. Consultant shall supply City with a fully executed additional insured endorsement.
d. If Provider 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 terminate this
Agreement. Such termination shall not affect Provider's right to be paid for its time and materials
expended prior to notification of termination. Provider waives the right to receive compensation
and agrees to indemnify the City for any work performed prior to approval of insurance by the
City.
6. INDEMNIFICATION
Provider agrees to and shall indemnify, defend and hold harmless the City, its officers,
agents, employees, consultants, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the
negligent operations of the Provider or its contractors, subcontractors, agents, employees, or other
persons acting on their behalf which relates to the services described in section 1 of this
Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution,
judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement,
to the extent that the injury, damages, just compensation, restitution, judicial or equitable relief is
caused by the negligence of the Provider. This indemnity and hold harmless agreement applies to
all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or
alleged to have been suffered, by reason of the events refereed to in this Section or by reason of
the terms of, or effects, arising from this Agreement. City may make all reasonable decisions with
respect to its representation in any legal proceeding. In no case will Provider be required to
indemnify or hold harmless the City from injury, damages, just compensation, restitution, judicial
or equitable relief caused by the negligence of the City.
7. CONFLICT OF INTEREST
Provider covenants that it presently has no interests and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified under this
Agreement.
8. LIVE SCAN BACKGROUND CHECK
Provider, and any employees, subcontractors or substitutes, in contact with minors under
eighteen (18) years of age shall arrange for and submit to a Live Scan electronic background check
for criminal history available through the California Department of Justice as a condition of this
Agreement and provide proof of compliance prior to performing services hereunder.
9. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed by
first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in
the manner provided in this Section, to the following persons:
To City: Clerk of the Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
With copy to:
Santa Ana, CA 92702-1988
Fax(714) 647-6956
Executive Director of Parks, Recreation and Community Services
City of Santa Ana
20 Civic Center Plaza (M-23)
P.O. Box 1988
Santa Ana, California 92702
Fax (714) 571-4211
To Provider: Readwrite Educational Solutions, Inc.
1720 E. Garry Avenue, Suite 202
Santa Ana, CA 92705
Phone: (949) 394-1141
Email: Claudiana readwritesolutions.com
A party may change its address by giving notice in writing to the other party.
Thereafter, any communication shall be addressed and transmitted to the new address. If sent by
mail, communication shall be effective or deemed to have been given three (3) days after it has
been deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by fax, communication shall be effective or deemed to have
been given twenty-four (24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating these
time frames, weekends, federal, state, County or City holidays shall be excluded.
10. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Provider regarding the subject matter herein, and supersedes any and all other agreements, oral or
written, between the parties. In the event of a conflict between the terms of this Agreement and
any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be
modified except by written instrument signed by the City and by an authorized representative of
Provider. The parties agree that any terms or conditions of any purchase order or other instrument
that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or
obligate Provider or the City. Each party to this Agreement acknowledges that no representations,
inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone
acting on behalf of any party, which is not embodied herein.
11. ASSIGNMENT/SUBSTITUTES
a. Assignment. The experience, knowledge, capability and reputation of Provider were a
substantial inducement for City to enter into this Agreement. Therefore, Provider may not assign,
transfer, delegate, or subcontract any interest herein without the prior written consent of the City
and any such assignment, transfer, delegation or subcontract without the City's prior written
consent shall be considered null and void.
b. Substitutes. In the event Provider is not able to teach a class due to illness or some other
cause beyond Provider's reasonable control, Provider must procure, at its sole expense, a qualified
substitute instructor to teach the class at its regular time and place. Provider shall ensure that
substitute instructors are at least twenty-one (21) years of age and comply with the City's insurance
and live scan requirements contained herein. Evidence of compliance with City's insurance and
live scan requirements shall be provided upon request. Provider must immediately notify the City
of the substitute instructor's name, qualifications, address and phone number. If Provider cannot
procure a qualified substitute and the City is unable to assist in this regard, then the class shall be
canceled and a make-up class must be added to the session. Provider must notify participants as
soon as possible of any class cancellation and make-up class. Provider must personally teach at
least seventy-five percent (75%) of its offered classes.
12. TERMINATION
a. This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Provider shall be entitled to receive, and City shall pay Provider,
compensation for all services rendered prior to the effective date of termination.
b. Termination or cancellation of classes by the Provider outside of Section 11.b. must be
given to the City at least thirty (30) days prior to termination/cancellation. Failure to provide
adequate cancellation notice to the City may put future contracting of business with the City at risk
and will result in the City's retention of ten (10%) percent of the final payment to Provider.
13. RECORDS
Provider shall use attendance sheets generated and supplied by the City to record
attendance in each class. Provider shall keep these and any other records in connection with the
work to be performed under this Agreement and shall permit City, upon request, to review such
records for a period of three (3) years from the date of final payment to Provider under this
Agreement.
14. NON-DISCRIMINATION
Provider shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by
applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination
or other employment related activities or any services provided under this Agreement. Provider
affirms that it is an equal opportunity employer and shall comply with all applicable federal, state
and local laws and regulations.
15. JURISDICTION —VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California. Both parties further agree that
Orange County, California, shall be the venue for any action or proceeding that may be brought or
arise out of, in connection with or by reason of this Agreement.
16. LICENSES
Provider shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies.
17. SEVERABILITY
In the event that one or more of the phrases, sentences, clauses, paragraphs or sections
contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree
of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the
remaining phrases, sentences, clauses, paragraphs or sections of this Agreement, which shall be
interpreted to carry out the intent of the parties hereunder.
18. EXHIBITS
All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in
the body of this Agreement.
19. AUTHORITY
The person(s) executing this Agreement on behalf of the parties hereto warrant that they are
duly authorized to execute this Agreement on behalf of said parties and that by so executing this
Agreement, the parties hereto are formally bound to the provisions of this Agreement.
[signature page to follow]
N-2019-001
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and
year first above written.
Maria D. Huizar
'Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By. Q
Laura A. Rossini
Senior Assistant City Attorney
RECOh MEN ED FOR OVAL:
C
Li Rud
Exec a Director of Parks,
Recreation and Community Services Agency
CITY OF SANTA ANA
Raul Godinez II
City Manager
PROVIDER:
N-2019-001
Exhibit A
SCOPE OF SERVICES
A. Provider shall conduct Readwrite Reading/Math & Preschool class for ages 3'/2-11 %2yrs
old
B. Provider shall teach such or similar classes (1) at the times below at facilities to be
designated by the City or (2) on a schedule agreed upon by the parties for each class
session or term, including the location, specific days and hours when classes will be held,
and holidays to be observed, in accordance with City's needs.
INSTRUCTOR: Readwrite Staff
LOCATION: El Salvador Center, 1825 W. Civic Center Dr., Santa Ana, (714) 647-6558
READING SOLUTIONS
Individualized to your student's needs. Specially -trained teachers test, structure and
implement your child's program. Interactive audio lessons, skill cards, worksheets, and
short stories assist the student along the path of reading mastery. First day is
comprehensive testing Grade K-1& 2-6.
INSTRUCTOR: Readwrite Staff
LOCATION: El Salvador Center, 1825 W. Civic Center Dr, Santa Ana, (714) 647-6558
MATH SOLUTIONS
Comprehensive testing identifies skill gaps. Grade level assessments may include
primary facts (+-x-.), fraction operations, prime numbers, factoring concepts, decimals,
algebra, geometry skills. Based on assessments an individualized program is designed to
reinforce skill gaps and build student confidence.
READWRITE PRESCHOOL
Be ready for kindergarten, academically and socially. This year-round fun and learning
program teaches the letter name and sound (for ready and spelling), number (for counting
and simple math), and the fine motor skills (for writing). We reinforce a positive self-
image with fun and engaging activities that stimulate creativity through art projects, story
and music time. Children must be toilet trained.
INSTRUCTOR: Readwrite Staff
LOCATION: El Salvador Center, 1825 W. Civic Center Dr., Santa Ana, (714) 647-6558
C. Provider shall provide all materials, supplies, equipment, records and personnel.
Provider shall be responsible for clean-up of the facilities and materials and shall ensure
the safety and effectiveness of instruction.
CLASS SIZE
A. No registration will be accepted after the second meeting ofclasses.
B. If the minimum registration has not been reached by the second class, the class shall be
canceled. Provider will be under no obligation to provide services for the cancelled
classes, and the City will have no further obligations to pay Provider compensation for
the remaining classes that were cancelled in that session.
CLASS FEES
A. Each participant shall pay class registration fees as established by City.
B. Provider may not waive class participation/registration fees.
C. Only registered participants may participate in class.
D. Any refunds to participants will be made in accordance with City policy.
E. Any materials fee shall be established by mutual agreement of City and Provider and
shall be payable directly to Provider.
OP ID: LS
,4`oizo CERTIFICATE OF LIABILITY INSURANCE
°1211212o e'
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) most be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsements .
PRODUCER
NIC Commercial Insurance Svcs
License#OD40593
PO Box 39589
Los Angeles, CA 90039 N-2019-004
Daniel Fraisse11
CONTACT
NAME:
PHONE FAX
INC. No.Ert: LAIC, No:
EdWL
ADDRESS:
�O cER In d,READW-1
INSURERS AFFORDING COVERAGE
NAIC R
INSURED Readwrite Educational Solution
INSURERA: Hartford Casualty Insurance Co
29424
1720 E. Garry Suite 202
Santa Ana, CA 92705
INSURER B, Oak River Insurance Company
34630
INSURER C
INSURER G :
INSURER E :
HELFER F:
CnVFRAr:FC CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
TR
TYPE OF INSURANCE
POLICY NUMBER
POLICYEFF
MM�O
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
E 1,000,00
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E 1,000,00
A
X coMMERcuLGENERALLu1BILITY
CLAIMS -MADE FRIOCCUR
X
$ISBABE34$2
01/0912019
01/09I2020
MED EXP(Any one parson)
$ 10,00
PERSONAL S ADV INJURY
E 1,000,00
GENERAL AGGREGATE
E 2,000,00
GENT AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMPIOP AGO
$ 2,000,00
E
X POLICY F7 PHI- -71 JECT LOC
AUTOMOBILE
UABIUTY
COMBINED SINGLE LIMIT
(Ea accident)
E
ANY AUTO
BODILY INJURY (Per person)
E
ALL OWNED AUTOS
BODILY INJURY (Per actldam)
E
SCHEDULED AUTOS
HIREDAUTOS
PROPERTY DAMAGE
(PER ACCIDENT
E
E
NON -OWNED AUTOS
E
UMBRELLA UAB
OCCUR
EACH OCCURRENCE
E
AGGREGATE
$
EXCESS UAB
CLAIMS -MADE
DEDUCTIBLE
E
E
RETENTION E
WORKERS COMPENSATION
X WC STATU- OTH-
B
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNERIEXECUTIVE Y/❑N
R/M OFFICEEMBER EXCLUDED?
(Mantlatory In NH)
NIA
REWC810896
08/14I2018
08/14/2019
E 1,000,00
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYE
E 1,000,00
E.L. DISEA - LICY LIMIT
E 1,000,00
If yea, dasaiba under
DE SCRIPTION OF OPERATIONS below
OESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if men space is reclulred) <i 1
Schools - Private -
GU�v as
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CERTIFICATE HOLDER CANCELLATION
CER
TIFICATE
---- CITYOFS
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
CITY OF SANTA ANA, M-93
20 CIVIC CENTER PLAZA
SANTAANA, CA 92702
Daniel Fr REPRESENTATIVE
Daniel aisse
m 1988-2009 ACORD CORPORATION. All rights reserved.
ACORD 26 (2009/09) The ACORD name and logo are registered marks of ACORD
'
POLICY NUMBER: 57 SBA BE3452
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - PERSON -ORGANIZATION
CITY OF SANTA ANA, IT'S OFFICER'S, AGENTS AND EMPLOYEE'S
20 CIVIC CENTER PLAZA
SANTA ANA, CA 92702
CITY OF OCEANSIDE
300 E N COAST HIGHWAY
OCEANSIDE, CA 92054
CITY OF YORBA LINDA
P.O. BOX 87014
YORBA LINDA, CA 92885
THE CITY OF BREA, BREA REDEVELOPMENT AGENCY
ITS ELECTED OR APPOINTED OFFICIALS, EMPLOYEES AND VOLUNTEERS
1 CIVIC CENTER CIRCLE
BREA, CA 92821
COVERAGE IS PRIMARY & NON-CONTRIBUTORY PER THE BUSINESS LIABILITY
COVERAGE FORM SS0008, ATTACHED TO THIS POLICY.
THE IRVINE COMPANY,
IRVINE APTM COMMUNITIES, L.P. AND ALL PERSONS AND ENTITIES
CONTROLLING, CONTROLLED BY, OR UNDER COMMON CONTROL WITH ANY OF
THEM, TOGETHER WITH THEIR RESPECTIVE OWNERS, SHAREHOLDERS, PARTNERS,
MEMBERS, DIVISIONS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES
AND AGENTS, ALL OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS
ATTN: RISK MNGMT.
550 NEWPORT CENTER DR
NEWPORT BEACH, CA 92660
THE CITY OF TUSTIN ITS ELECTIVE & APPOINTIVE BOARDS, OFFICERS,
AGENTS AND EMPLOYEESVv
300 CENTENNIAL WAY � 1
TUSTIN, CA 92780
ue'jas
SPA pdm�n'
090
Form IH 12 00 11 85 T SEQ. NO. 004 Printed in U.S.A. Page 001
Process Date: 10/24/18 Expiration Date: 01/09/20
(6) When You Are Added As An
Additional Insured To Other
Insurance
That is other insurance available to
you covering liability for damages
arising out of the premises or
operations, or products and completed
operations, for which you have been
added as an additional insured by that
insurance; or
J
When You Add Others As An
Additional Insured To This
Insurance
That is other insurance available to an
additional insured.
However, the following provisions
apply to other insurance available to
any person or organization who is an
additional insured under this Coverage
Part:
(a) Primary Insurance When
Required By Contract
This insurance is primary if you
have agreed in a written contract,
written agreement or permit that
this insurance be primary. If other
insurance is also primary, we will
share with all that other Insurance
by the method described in c.
below.
(b) Primary And Non -Contributory
To Other Insurance When
Required By Contract
If you have agreed in a written
contract, written agreement or
permit that this insurance is
primary and non-contributory with
the additional insured's own
insurance, this insurance is
primary and we will not seek
contribution from that other
insurance.
Paragraphs (a) and (b) do not apply to
other insurance to which the additional
insured has been added as an
additional insured
BUSINESS LIABILITY COVERAGE FORM
When this insurance is excess over other
insurance, we will pay only our share of
the amount of the loss, if any, that
exceeds the sum of:
(1) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(2) The total of all deductible and self -
insured amounts under all that other
insurance.
We will share the remaining loss, if any, with
any other insurance that is not described in
this Excess Insurance provision and was not
bought specifically to apply in excess of the
Limits of Insurance shown in the
Declarations of this Coverage Part.
c. Method Of Sharing
If all the other insurance permits
contribution by equal shares, we will follow
this method also. Under this approach,
each insurer contributes equal amounts
until 0 has paid its applicable limit of
insurance or none of the loss remains,
whichever comes first.
If any of the other insurance does not permit
contribution by equal shares, we will
contribute by limits. Under this method, each
insurer's share is based on the ratio of its
applicable limit of insurance to the total
applicable limits of insurance of all insurers.
8. Transfer Of Rights Of Recovery Against
Others To Us
a. Transfer Of Rights Of Recovery
If the insured has rights to recover all or
part of any payment, including
Supplementary Payments, we have made
underthis Coverage Part, those rights are
transferred to us. The insured must do
nothing after loss to impair them. At our
request, the insured will bring "suit" or
transfer those rights to us and help us
enforce them. This condition does not
apply to Medical Expenses Coverage.
b. Waiver Of Rights Of Recovery (Waiver
Of Subrogation)
When this insurance is excess, we will If the insured has waived any rights of
have no du under this Coverage Part to d1GM recovery against any person or
duty 9 Joe organization for all or part of any payment,
defend the insured against any "suit" ifIbJte 3 j (/ inc Supplementary Payments, we
other insurer has a duty to defend he 1 ave made under this Coverage Part, we
insured against that "suit". If no other Ja,Salso waive that right, provided the insured
insurer defends, we will undertake to do Gue \pNed their rights of recovery against
so, but we will be entitled to the Insur JVa ((�
rights against all those other Insurer . G�� GPl 0 such person or organization in a contract,
C, agreement or permit that was executed
prior to the injury or damage.
Form SS 00 08 04 05 Page 17 of 24
SPECTRUM POLICY DECLARATIONS (Continued)
POLICY NUMBER: 57 SSA BE3452
Form Numbers of Forms and Endorsements that apply: �
SS
00
01
03
14
SS 00 OS
10 08
SS 00
07
07
OS
SS
00
08
04
OS
SS
00
45
12
06
SS 00 60
09 15
SS 00
61
09
15
S
64
SS
84
01
09
07
SS 01 21
03 17
SS 42
06
03
17
SS
04
08
09
07
SS
04
19
04
09
SS 04 22
07 05
SS 04
30
07
05
SS
04
39
07
05
SS
04
41
03
18
SS 04 42
03 17
SS 04
44
07
05
SS
04
45
07
05
SS
04
46
09
14
SS 04 47
04 09
SS 04
80
03
00
SS
04
86
03
00
SS
40
18
07
05
SS 40 26
03 17
SS 40
56
04
05
SS
40
93
07
05
SS
41
12
12
17
SS 41 51
10 09
SS 41
63
06
11
IH
10
01
09
86
SS
05
21
04
05
SS 05 47
09 15
SS 50
57
04
05
SS
51
11
03
17
SS
05
71
04,
05
SS 12 15
03 00
SS 50
19
01
15
IH
99
40
04
09
IH
99
41
04
09
SS 83 76
01 15
SS 89
93
07
16
SS
12
23
06
11
IH
12
00
11
85
ADDITIONAL
INSURED
- VENDOR
IH
12
00
11
85
SCHEDULED
PROPERTY
SCHEDULE
IH
12
00
11
85
ADDITIONAL
INSURED
- PERSON -ORGANIZATION
IH
12
00
11
85
ENDORSEMENT #006 EFFECTIVE
DATE
IS 4/05/14
IH
12
00
11
85
ADDITIONAL
INSURED
- STATE/POLITICAL
SUBDIVISION
IH
12
00
11
85
WAIVER OF
SUBROGATION
Form SS 00 02 12 06 Page 006
Process Date: 10/24/18 Policy Expiration Date: 01/09/20
N-2019-001
I Claudia Lipp. President hereby affirm under penalty of perjury, the
(Name/Tide)
following declaration
I certify on behalf of Readwrite Educational Solutions Inc. that during the term of my
(Consultant/Compwy Name)
contract for recreation services with the City of Santa Ana, I will not employ any person
in any manner so as to become subject to the workers' compensation laws of California,
and agree that if I should become subject to the workers' compensation provisions of
Section 3700 of the Labor Code, I shall forthwith comply with those provisions and
provide proof of workers' compensation coverage.
L-
Name: Claudia Lipp
Title: President
Telephone: 949-263-0633
WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS
UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES
AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000). IN
ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR
IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES.
OP ID: LS
��- CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDlYYYY)
�� 09/13/2019
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 poliey(los) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terns and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsements .
PRODUCER CO TACT
NAMF'
NIC Commercial Insurance Svcs PHONE FAX
License #OD40593 KQ Fai : _. AAC Nn t
PO Box 39589 e
ADDRESS:
Los Angeles, CA 90039 RaD C R READW-1
Larry Strout c OMek SDrl: — — —�
_ INSURER(S) AFFORDING COVERAGE NAIC Y
INSURED Readwrite Educational Solution INSURER A: Hartford Casualty Insurance Co 29424
1720 E. Garry Suite 202 INSURER13:Oak River Insurance Company 34630
Santa Ana, CA 92705
INSURER c
INSURER D :
INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ILTR
TYPE OF INSURANCE
U
POLICY N MBER
MIOSfIJC�
PM �IYYYY
LIMRS
GENERALLIABILITY
EACH OCCURRENCE
S 1,000,0001
A
X COMMERCIAL GENERAL LIABILITY
X
57SBABE3452
01/09/2019
01/09/2020
PREMIAES Me Trro co
$ 1,000,00
MED EXP (Any oneperson)
$ 10,00
CLAIMS -MADE O OCCUR
PERSONAL & ADV INJURY
S 1,000,00
GENERAL AGGREGATE
$ 2,000,00
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMPIOP AGG
S 2,000,00
S
X POLICY PRO- LOC
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT
S
(Ee accident)
— .
BODILY INJURY (Per person)
S
ANY AUTO
_
ALL OWNED AUTOS
REVIEWED 8
APPROVED
BODILY INJURY (Per accident)
$
PROPERTYIDENT) GE
$
SCHEDULED AUTOS
B Risk MANA G
DIV
SION
HIRED AUTOS
Y
_MENT
(PERACCIDENIj
Y
$
NON -OWNED AUTOS
a
UMBRELLA UAB
OCCUR
EACH OCCURRENCE
S
VILLAR
AGGREGATE
EXCESBIJAB
CLAIMS -MADE
FRANGINE R.
AL
S_
DEDUCTIBLE
$
RETENTION S
$
WORKERS COMPENSATION
X WC STATU- OTH-
affa
AND EMPLOYERS' LIABILITY
B ANY PROPRIETORIPARTNERIEXECUTIVE Y❑ REWC810896 08/14/2019 08/14/2020
E.L. EACH ACCIDENT
$ 1,000,00
NIA
OFFICERIMEMBER EXCLUDED? A
(Mandatory In NH)
E.L. DISEASE • EA EMPLOYEES 1,000,00
If yes, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLICY LIMB
I S 1,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Addltlonal Remarks Schedule, If more space Is required)
Schools - Private -
30 day notice for cancellation. " 10 day notice for nonpayment of premium
CERTIFICATE HOLDER CANCELLATION
CITY OF SANTA ANA
RISK MANAGEMENT
20 CIVIC CENTER PLAZA
4TH FLOOR
ISANTA ANA, CA 92702
CITYOFS
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS,
AUTHORIZED REPRESENTATIVE
Larry Strout
ACORD 26 (2009/09)
C 1988-2009 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
POLICY NUMBER: 57 SBA BE3452
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - PERSON -ORGANIZATION
CITY OF SANTA ANA, IT'S OFFICER'S, AGENTS AND EMPLOYEE'S
20 CIVIC CENTER PLAZA
SANTA ANA, CA 92702
CITY OF OCEANSIDE
300 E N COAST HIGHWAY
OCEANSIDE, CA 92054
CITY OF YORBA LINDA
P.O. BOX 87014
YORBA LINDA, CA 92885
THE CITY OF BREA, BREA REDEVELOPMENT AGENCY
ITS ELECTED OR APPOINTED OFFICIALS, EMPLOYEES AND VOLUNTEERS
1 CIVIC CENTER CIRCLE
BREA, CA 92821
COVERAGE IS PRIMARY & NON-CONTRIBUTORY PER THE BUSINESS LIABILITY
COVERAGE FORM SS0008, ATTACHED TO THIS POLICY,
REVIEWED & APPROVED
By RISk MANAgEMENT DIVISION
SEE 23 2019
THE IRVINE COMPANY, FRANCINE R. VILLAREAL
IRVINE APTM COMMUNITIES, L.P. AND ALL PERSONS AND ENTITIES
CONTROLLING, CONTROLLED BY, OR UNDER COMMON CONTROL WITH ANY OF
THEM, TOGETHER WITH THEIR RESPECTIVE OWNERS, SHAREHOLDERS, PARTNERS,
MEMBERS, DIVISIONS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES
AND AGENTS, ALL OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS
ATTN: RISK MNGMT,
550 NEWPORT CENTER DR
NEWPORT BEACH, CA 92660
THE CITY OF TUSTIN ITS ELECTIVE & APPOINTIVE BOARDS, OFFICERS,
AGENTS AND EMPLOYEES
300 CENTENNIAL WAY
TUSTIN, CA 92780
Form IH 12 0011 86 T SEQ. NO. 004 Printed In U.S.A. Page 001
Process Date: 10/24/18 Expiration Date; 01/09/20
(6) When You Are Added As An
Additional Insured To Other
Insurance
That Is other insurance available to
you covering liability for damages
arising out of the premises or
operations, or products and completed
operations, for which you have been
added as an additional insured by that
insurance; or
J
7) When You Add Others As An
Additional Insured To This
Insurance
That is other insurance available to an
additional insured.
However, the following provisions
apply to other Insurance available to
any person or organization who is an
additional insured under this Coverage
i Part:
(a) Primary Insurance When
Required By Contract
This insurance is primary if you
have agreed in a written contract,
written agreement or permit that
this insurance be primary. If other
insurance is also primary, we will
share with all that other insurance
by the method described in c.
below.
(b) Primary And Non -Contributory
To Other Insurance When
Required By Contract
If you have agreed in a written
contract, written agreement or
permit that this insurance is
primary and non-contributory with
the additional insured's own
insurance, this insurance is
primary and we will not seek
contribution from that other
insurance.
Paragraphs (a) and (b) do not apply to
other Insurance to which the additional
insured has been added as an
dd'tl I I d
BUSINESS LIABILITY COVERAGE FORM
When this insurance is excess over other
insurance, we will pay only our share of
the amount of the loss, if any, that
exceeds the sum of:
(1) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(2) The total of all deductible and self -
insured amounts under all that other
insurance.
We will share the remaining loss, if any, with
any other insurance that is not described in
this Excess Insurance provision and was not
bought specifically to apply in excess of the
Limits of Insurance shown in the
Declarations of this Coverage Part.
c, Method Of Sharing
If all the other insurance permits
contribution by equal shares, we will follow
this method also. Under this approach,
each insurer contributes equal amounts
until it has paid its applicable limit of
insurance or none of the loss remains,
whichever comes first.
If any of the other insurance does not permit
contribution by equal shares, we will
contribute by limits. Under this method, each
insurer's share is based on the ratio of its
applicable limit of insurance to the total
applicable limits of insurance of all insurers.
8. Transfer Of Rights Of Recovery Against
Others To Us
a, Transfer Of Rights Of Recovery
If the insured has rights to recover all or
part of any payment, including
Supplementary Payments, we have made
under this Coverage Part, those rights are
transferred to us. The insured must do
nothing after loss to impair them. Al our
request, the insured will bring "suit" or
transfer those rights to us and help us
enforce them. This condition does not
apply to Medical Expenses Coverage,
b. Waiver Of Rights Of Recovery (Waiver
Of Subrogation)
a i ono nsure .
we will If the insured has waived any rights of
When this insurance is excess
recovery against any person or
have no duty under this Coverage Part to organization for all or part of any payment,
defend the insured against any "suit" if any including Supplementary Payments, we
other insurer has a duty to defend the have made under this Coverage Part, we
insured against that "suit". If no other also waive that right, provided the insured
insurer defends, we will undertake to do waived their rights of recovery against
so, but we will be entitled to the Insured's such person or organization in a contract,
rights against all those other Insurers. agreement or permit that was executed
REVIEWED & APPROVE)rior to the injury or damage.
By Risk MANAC;EMENT NViS4C1 1
Form SS 00 08 04 05 S 23 2019 Page 17 of 24
,7 `?ANCINE R. VILLAREAL
9
SPECTRUM POLICY DECLARATIONS (Continued)
POLICY NUMBER; 57 SBA BE3452
Form Numbers
of Forms and Endorsements that apply:
SS
00
01
03
14
SS 00 05
10 08
SS 00
07
07
05
SS
00
08
04
05
SS
00
45
12
06
SS 00 60
09 15
SS 00
61
09
15
S
64
9—IG--
SS
84
01
09
07
SS 01 21
03 17
SS 42
06
03
17
SS
04
08
09
07
SS
04
19
04
09
SS 04 22
07 05
SS 04
30
07
05
SS
04
39
07
05
SS
04
41
03
18
SS 04 42
03 17
SS 04
44
07
05
SS
04
45
07
05
SS
04
46
09
14
SS 04 47
04 09
SS 04
80
03
00
SS
04
86
03
00
SS
40
18
07
05
SS 40 26
03 17
SS 40
56
04
05
SS
40
93
07
05
SS
41
12
12
17
SS 41 51
10 09
SS 41
63
06
11
IH
10
01
09
86
SS
05
21
04
05
SS 05 47
09 15
SS 50
57
04
05
SS
51
11
03
17
SS
05
71
04
05
SS 12 15
03 00
SS '50
19
01
15
IH
99
40
04
09
IH
99
41
04
09
SS 83 76
01 15
SS 89
93
07
16
SS
12
23
06
11
IH
12
00
11
85
ADDITIONAL
INSURED
- VENDOR
IH
12
00
11
85
SCHEDULED
PROPERTY
SCHEDULE
IH
12
00
11
85
ADDITIONAL
INSURED
- PERSON -ORGANIZATION
IH
12
00
11
85
ENDORSEMENT
4006 EFFECTIVE
DATE
IS
4/05/14
IH
12
00
11
85
ADDITIONAL
INSURED
- STATE/POLITICAL
SUBDIVISION
IH
12
00
11
85
WAIVER OF
SUBROGATION
Form SS 00 02 12 06
Process Date; 10/24/18
REVIEWED & APPROVED
By Risk MANACrMENT DIVi5i0N
EP 3 ZQ g
FRANCINE R. VII_LAREAL
Page 008
Policy Expiration Date; 01/09/20
Readwrite Solutions
c/o Claudia Lipp
1720 E Garry St., Ste.#202
Santa Ana, CA. 92705
8/13/2019
City of Santa Ana
Risk Management Division
20 Civic Center Plaza,
Santa Ana, CA 92702
Re: Auto Insurance Requirement Release of Liability.
Dear City of Santa Ana Risk Management Division:
1, Claudia Lipp, Recreation Instructor, hereby release the City of Automobile Liability,
I do not use/drive any vehicle during the course and scope of my course/instruction class.
During the term July 1, 2019 through .lone 30, 2020, 1 will be teaching Reading & Math at El
Salvador located at: 1825 W Civic Center Dr, Santa Ana, CA. 92703. And, 1 will be teaching
Readwrite Solutions Pre -School at 2102 S. Flower St„ Santa Ana, CA. 92707
Sincerely,
Claudia Lipp
Recreation Instructor
REVIEWED & APPROVED
By Risk MANAgEMENT DIVISION
&6
�VSEP 3 *U'3
FRANCINE R. VILLAREAL