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HomeMy WebLinkAboutDISCOVERY SCIENCE FOUNDATION (2)City of Santa Ana . r ��. Clerk of the Cou II COTC Office Use Only AGREEMENT TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect. City of Santa Ana Note: If your agreement is grant related, please ensure that all grant retention requirements have been satisfied prior to signing the termination form. 1E21 !aan Is the agreement(s) a permanent record? Yes No Clerk of the Council Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. The agreement with DI S C-CVe-r\4 _ t P 0 N-2019-067 No. was completed on���J�_ and final payment has been made. (List all amendments. Use space below if needed.) Department: P Mk t� Phone/Ext.: Signature: UkA/ Date: _70-7 ; d Revised: 10-18-16 t.� �I h4Sk1H ttd;�ii ON FIt.E Ub`ClN MAY PnOGFED UNTIL INSO NGI= EXPIRES CI.t:R Of 'r IN aATE: APR 2 2 2019 S,\Vlw C.M.VM CITY OF SANTA ANA RECREATION FACILITIES USE AGREEMENT THIS AGREEMENT is made and entered into this 10111 day of April, 2019 by and between DISCOVERY SCIENCE FOUNDATION, a California non-profit public benefit corporation ("User"), and the CITY OF SANTA ANA, a char -ter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. User wishes to utilize portions of the City -owned Santa Ana Zoo at Prentice Park to provide summer camp programs to children, including residents of the City. B. City is willing to allow use of portions of the Zoo for such purposes subject to the terms of this Agreement. The parties agree as follows: GRANT OF PERMISSION AND FACILITIES TO BE USED City hereby grants User permission to utilize those portions of the Santa Ana Zoo ,it Prentice Park ("Facilities") for the exclusive purpose of conducting an educational summer camp for children ages 5-10 years old, as more specifically described on Exhibit A and on the dates and times therein. Other portions may used only by rnutual agreement in writing signed by the City's Executive Director of the Parks, Recreation and Community Services Agency and an authorized agent of User. User's use shall be and remain subject to the priority use of the property by City, and its invitees, as a zoo facility open to the public. User shall have the responsibility to set programming for each camp in consultation with zoo stab. User agrees to restrict campers from entering any portion of the zoo that has not been designated for camp use or any other areas as requested by zoo staff. 2. COMPENSATION User agrees to pay City $00 per student, due and payable to City upon completion of each week of the camp for services as set forth in the scope of services attached and incorporated as Exhibit A. The total sun to be paid to City under this Agreement shall not exceed Twenty Five Thousand Dollars ($25,0KOO). TERM This Agreement shall commence on June 1, 2019 and continue through September 1, 2019, certain specified sections of this Agreement will remain enforceable after the expiration of the term, 4. COMPLIANCE WITH RULES AND REGULATIONS User shall use and occupy the Facilities in a safe and careful manner and shall comply with all applicable local, state, and federal laws in its use of and activities in the Facilities, including as to the conduct of its employees, agents, clients, customers, guests, and others using the Facilities by reason of this Agreement. User shall also comply with all rules and regulations of City in effect during its use of the Facilities. Failure to abide by such laws, rules, or regulations, or any condition of this Agreement, may result in the immediate termination of this Agreement in the sole discretion of the City. FINGERPRINTS AND BACKGROUND CHECK Provider, shall certify in writing to City prior to the start of any services provided pursuant to this agreement that any of provider's employees, subcontractors, or volunteers that will be on -site at any City -owned property, shall have undergone a criminal background check through the Department of Justice and are free of any disqualifying criminal convictions which would legally prohibit those persons' interaction with minors. 6. INDEMNIFICATION User agrees to and shall indemnify, protect, defend, and hold harmless City, its officers, agents, employees, consultants, special counsel, and representatives from and against any and all claims, damages, judgments, attorney's fees, costs and expenses arising out of, involving, or in connection with the use of the Facilities or the acts or omissions of User, its officers, agents, employees, volunteers, guests, or invitees, whether or not such acts or omissions constitute permitted uses of the Facilities, INSURANCE Without limiting User's indemnification obligations, User agrees to obtain and maintain during the tern of the Agreement, and to require its subcontractors, if any, to obtain and maintain, insurance as described below: a. Commercial General Liability Insurance. 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 User'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 aggregate, including coverage of sexual molestation with limits not less than $50,000 per occurrence and $100,000 general aggregate. Such insurance shall (a) naive 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 of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance (California statutory limit) and Employer's Liability Insurance for not less than $1,000,000 per occurrence. d. The following requirements apply to the insurance to be provided by User pursuant to this section: (i) User shall maintain all insurance required above in fill force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form 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. e. If User 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 without penalty or further notice to User. S. CONFLICT OF INTEREST CLAUSE User 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. 9. FORCE MAJUERE In the event that the Facilities are rendered unavailable due to destruction, partial or total, acts of nature, work stoppages or other labor disturbances, civil commotion, war, or any other action by governmental agencies, or for any reason beyond the control of City, City shall have the right to terminate this Agreement without penalty. 10. LICENSES AND PERMITS User represents and warrants that it, and any agents, independent contractors, subcontractors, vendors, or others acting on its behalf under or with respect to this Agreement, will at all times during the term of this Agreement have and maintain in force any and all licenses, permits, or approvals required by law for the conduct of User's activities under this Agreement. 11. DAMAGE TO FACILITIES User shall be liable for any damage to the Facilities caused by any act of negligence of User, its partners, agents, servants, contractors, representatives, guests, employees, invitees, or customers. City may, at its option, repair such damage, and User agrees to reimburse City for the total cost of repair. 12. PROPERTY BELONGING TO USER City shall not be responsible for lost, stolen, or damages property belonging to User, its partners, agents, servants, contractors, representatives, guests, employees, invitees, or customers. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and directed to the addresses below or such addresses as either party may later specify in writing. Notice is deemed effective on the date it is given if hand -delivered or received by facsimile that day. Notice given by U.S. mail shall be deemed to have been given three (3) business days after it is deposited in the U,S. mail, postage prepaid and addressed as follows: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 With copies to: 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 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 To User: DISCOVERY SCIENCE FOUNDATION 2500 N Main Street Santa Ana, CA 92705 Attn: Joe Adams, Chief Executive Office 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and User regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties regarding the use of the Facilities. 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 User. The parties agree that any terns 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 User or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT User 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. User shall not allow any other person or entity to use the Facilities without the prior written consent of City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) clays written notice. 17. NONDISCRIMINATION User shall not discriminate in the course of its activities in or about the Facilities on the basis of race, color, disability, religion, sex, marital status, sexual orientation, age, national origin, ancestry, disability, or any other basis prohibited by law. User affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 18. 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. 19. AUTHORITY Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the toms of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Norma Mitre Acting Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Laura Rossini Senior Assistant City Attorney AL: 1 Executive Director of Parks, Recreation and Community Services Agency CITY OF SANTA ANA Steven Mendoza Acting City Manager PROVIDER: Trha RNewica Discovery Science Foundation Tina Rolewicz (Name) Vice President Education(Title) Exhibit A Scope of Service The User will provide the City with 4 weeks of summer day camp instruction, "Zoo Camp", at the Santa Ana Zoo at Prentice Park in the numbers, ages and dates set forth below: maximum Age/Grade Start Date End Date Time Camp Number of of Campers Cam ers 30 3Td-5`i' 6/17/19 6/21/19 9:OOam- Monkey 4:OOpm Business 30 IC-2nd 6/24/19 6/28/19 9:00am- Junior I :00pm (4pm Wildlife if extended Adventure pick-up) 30 -P 7/8/19 7/12/19 9:OOam- Monkey 4 0 nn Business 30 K-Tid 7/1'/19 7/19/19 9:OOam- Junior 1:OOpm (4pm Wildlife if extended Adventure pick-u ) The portions of the Zoo that are permitted for the above camps at the respective dates and tunes are the following: o The Zoo Barn Classroom • Amphitheater and Amphitheater Picnic Area • Other portions of the Zoo maybe used only by mutual agreement of the parties. User agrees to restrict its campers from entering any portion of the Zoo which has not been designated for provision of the camp, and any other area as requested by Zoo staff. Compensation will be set at $60 per participant and the total not to exceed amount of the agreement is $25,000. 27RKa .AcoR& CERTIFICATE OF LIABILITY INSURANCE 16�7/3l2018 DAT 7/3/2OOIYYYY) 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, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PROD Caft Commercial Lines-213-253-6700 TAC NA E: Norah.Jacobo PHONE I FAX USI Insurance Services National, Inc. - CA Lic#: OD08408 ExtYI 1AIC Nob E-MAIL An REss: Norah,Jacobo@usi.com 777 South Figueora St, Ste 2100 Los Angeles, CA 90017 INSURER(S) AFFORDING COVERAGE_ NAIC;X _'' INSURERA: Philadelphia Indemnity Insurance Company ! 18058 INSURED INSURER D: TfaVBerB PrOpen CaaDalt Co of America 25674 --`— Discovery Science Center of Orange County dba Discovery Cube Orange County------" INSURERC: — --- 2500 N. Main Street INSURER D: i INSURER E: Santa Ana, CA 92705 1 INSURER F, Cuvti Al CERTIFICATE NUMBER: '132/4314 REVISION NUMBER: See below THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. N07WITFISTANDING 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, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ggEXCLUSIONS ILTR TYPE OF INSURANCE ADOL SDSR POLICYNUMSER POLICY EFF POLICY EX LIMITS A X '', COMMERCIAL GENERAL LIABILITY CLAIMS -MADE W OCCUR X PHPK1843692 7l1I2018 7/1/2019 s t,000,aa0 .bbAACHMOEC_C�URRENE E ISEB E-a mra creme _ $ 100,000 MED EXP(AnY one Gerson)_ $ 5,0m PERSONAL &ADV INJURY $ 1,OD0,000 GEN'LAGGREGATE LIMIT APjjPP�LIE��jS PER: X POLICY JEL¢T I_J LOC GENERAL AGGREGATE $ 2,W0,000 PRODUCTS-COMP/OP AGO S 2.W0,000 Sexual AbuselMolestalion S Included OTHER: A AUTOMOBILE LIABILITY X ANY AUTO PHPKI843692 7/1/2018 711/2019 COMBINESINGLE LIMIT wdeD V $ 1,00D,000 BODILY INJURY (Per person) S j OWNED SCHEDULED AUTOS ONLY AUTOS X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY BODILY INJURY (Per accident)$ PRO E TYDAMAGE (Per accident) $ $ A X UMBRELLA LIAR X OCCUR PHU6567098 7/1/2018 7/1/2019 EACHOCCURRENCE S 5,000,000 AGGREGATE It 5,000,000 EXCESS LIAe CLAIMSMAOE I DED RETENTION$ It B WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN ANYVROPRMTORIPARTNERlEXECUTIVE OFFICERIMEMBEREXCLUDED9 C (Mandelory In NH) (Man descdbe under DESCRIPTION OFOP.RATI NS bet NIA UB003K35535418 tt�� (pp`%(((,�� -.v � J`� ti. 1�. 4 04/01/18 04/01/19 X ATUTE E.L. EACH ACCIDENT $ 1A00,000 E.L. DISEASE FA EMPLOYEE $ 1.00a000 E.L. DISEASE POLICY LIMIT S 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101, Additional Remarks Schedule, may be attached it mom one is required) Y The City Of Santa Ana, its officers, agents, and employees and the City of Santa Ana Parks, Recreation and Com ty Services ncy is named as additional insured as It relates to general liability in accordance with the terms and conditions of the policy. The a L:gv�eYYaga rimary and noncontributory where required by written contract.Umbrella follows form as it relates to additional Insureds.PX `\ 5 ej City of Santa Ana Parks, Recreation and Community Services Agency 20 Civic Center Plaza Santa Ana CA 92701 name and logo are ACORD 25 (2015/03) 1mu cemncm. replete. «,anaur unazes levee a, nxo,e SHOULD ANY OF THWXBOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN AUTHORIZEDREPRESENTATIVE ge-4, -- OIACORD 9)1988.2018 PI-GLD-MK (03112) THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. GENERAL LIABILITY DELUXE ENDORSEMENT: CULTURAL INSTITUTIONS This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE It is understood and agreed that the following extensions only apply in the event that no other specific coverage for the indicated loss exposure is provided under this policy. If such specific coverage applies, the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy, unless otherwise noted on this endorsement. The following is a summary of the Limits of Insurance and additional coverages provided by this endorsement. For complete details on specific coverages, consult the policy contract wording. Coverage Applicable Limit of Insurance Page # Extended Property Damage Included 2 Non -Owned Watercraft Less than 58 feet 2 Damage to Premises Rented to You $1,000,000 2 Personal and Advertising Injury - Televised or Videotaped Publication Included 3 Medical Payments $20,000 4 Medical Payments- Extended Reporting Period 3 years 4 Athletic Activities Amended 4 Supplementary Payments - Bail Bonds $5,000 4 Supplementary Payment- Loss of Earnings $1,000 per day 4 Employee Indemnification Defense Coverage $25,000 5 Additional Insured - Managers and Supervisors (with Fellow Employee Coverage) Included 5 Additional Insured - Broadened Named Insured Included 5 Additional Insured - Funding Source Included 5 Additional Insured - Managers, Landlords, or Lessors of Premises Included 5 Additional Insured - Lessor of Leased Equipment Included 5 Additional Insured -Vendor Included 8 Additional Insured - As Required by Contract Included 7 Additional Insured - State or Political Subdivisions Included 7 General Aggregate Per Location Included 7 Duties in the Event of Occurrence, Claim or Suit Included 7 Unintentional Failure to Disclose Hazards Included 8 Transfer of Rights of Recovery Against Others To Us Clarification , e 8 Liberalization Includ Qr Bodily Injury - Includes Mental Anguish Include •. �. Personal and Advertising Injury - includes Abuse of Process, Discrimination Included Q�G�r Page 1 of 9 Includes copyrighted material of Insurance Services Office, Inc., with permission. 0 2012 Philadelphia Indemnity Insurance Company n PI-GLD-MK (03112) A. Extended Property Damage SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph a. Is deleted in its entirety and replaced by the following: a. Expected or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. B. Non -Owned Watercraft SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph g. (2) is deleted in its entirety and replaced by the following: (2) A watercraft you do not own that is: (a) Less than 58 feet long; and (b) Not being used to carry persons or property for a charge; This provislon applies to any person, who with your consent, either uses or is responsible for the use of a watercraft. This insurance is excess over any other valid and collectible Insurance available to the insured whether primary, excess or contingent. C. Damage to Premises Rented to You 1. If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part, the word "fire" is changed to "fire, lightning, explosion, smoke, or leakage from automatic fire protective systems' where it appears in: a. The last paragraph of SECTION I —COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions; is deleted in its entirety and replaced by the following: Exclusions c, through n. do not apply to damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION III — LIMITS OF INSURANCE. b. SECTION III — LIMITS OF INSURANCE, Paragraph 6. is deleted in its entirety and replaced by the following: Subject to Paragraph 5. above, the Damage To Premises Rented To You Limiter{he most we will pay under Coverage A for damages because of "property dama �!d any one premises, while rented to you, or in the case of damage by fire, lights+, explosior smoke, or leakage from automatic fire protective systems while rentedyou or 1y� temporarily occupied by you with permission of the owner. fie+�✓,, c. SECTION V — DEFINITIONS, Paragraph 9.a., is deleted in its entirety and repla - (jo following. Page 2 of 9 p¢ Includes copyrighted material of Insurance Services Office, Inc., with permission. O 2012 Philadelphia Indemnity Insurance Company PI-GLD-MK (03/12) A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; 2. SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS, Subsection 4. Other Insurance, Paragraph In. Excess Insurance, (1)(a)(ii) is deleted in its entirety and replaced by the following: That is insurance for fire, lightning, explosion, smoke, or leakage from automatic fire protective systems for premises rented to you or temporarily occupied by you with permission of owner; 3. The Damage To Premises Rented To You Limit section of the Declarations is amended to the g reater of: a. $1,000,000; or b. The amount shown in the Declarations as the Damage to Premises Rented to You Limit. This is the most we will pay for all damage proximately caused by the same event, whether such damage results from fire, lightning, explosion, smoke, or leaks from automatic fire protective systems or any combination thereof. D. Personal and Advertising Injury —Televised or Videotaped Publication 1. SECTION I —COVERAGES, COVERAGES PERSONAL AND ADVERTISING INJURY LIABILITY, Subsection 2. Exclusions, Paragraphs b. and c. are deleted in their entirety and replaced by the following: b. Material Published With Knowledge Of Falsity "Personal and advertising Injury" arising out of oral, written, televised, or videotaped publication of material, if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral, written, televised, or videotaped publication of material whose first publication took place before the beginning of the policy period. 2. SECTION V — DEFINITIONS, Paragraph 14. Is deleted in its entirely and replaced by the following. "Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: �,p^�• a. False arrest, detention or imprisonment; b. Malicious prosecution; � a. c. The wrongful eviction from, wrongful entry into, or invasion of the right of priv occupancy of a room, dwelling or premises that a person occupies, comet' on behalf of its owner, landlord or lessor; Page 3 of 9 Q� Includes copyrighted material of Insurance Services Office, Inc., with permission. Q 2012 Philadelphia Indemnity Insurance Company PI-GLD-MK (03/12) d. Oral, written, televised, or videotaped publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written, televised, or videotaped publication, in any manner, of material that violates a person's right of privacy; f. The use of another's advertising idea in your "advertisement"; or g. Infringing upon another's copyright, trade dress, slogan, title, or slogan in your "advertisement." E. Medical Payments — Limit Increased to $20,000, Extended Reporting Period If COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part: 1. The Medical Expense Limit is changed subject to all of the terms of SECTION III —LIMITS OF INSURANCE to the greater of: a. $20,000; or b. The Medical Expense Limit shown in the Declarations of this Coverage Part. 2. SECTION I — COVERAGE, COVERAGE C MEDICAL PAYMENTS, Subsection 1. Insuring Agreement, a. (3) (b) is deleted in its entirety and replaced by the following: (b) The expenses are incurred and reported to us within three years of the date of the accident. F. Athletic Activities SECTION 1—COVERAGES, COVERAGE C MEDICAL PAYMENTS, Subsection 2. Exclusions, Paragraph e. Athletic Activities is deleted in its entirely and replaced with the following: a. Athletic Activities To a person injured while taking part in athletics. G. Supplementary Payments SECTION i — COVERAGES, SUPPLEMENTARY PAYMENTS — COVERAGE A AND B are amended as follows. 1. b. is deleted in its entirety and replaced by the following: 1. b. Up to $5000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these. 1.d. is deleted in its entirety and replaced by the following: 1. d. All reasonable expenses incurred by the Insured at our request to assist usvirlRho investigation or defense of the claim or "suit", including actual loss of earnings up to $ day because of time off from work. Page 4 of 9�GCJ Includes copyrighted material of Insurance Services Office, Inc., with permission. 0 2012 Philadelphia Indemnity Insurance Company PI-GLD-MK (03/12) H. Employee Indemnification Defense Coverage SECTION 1— COVERAGES, SUPPLEMENTARY PAYMENTS — COVERAGES A AND B the following is added: We will pay, on your behalf, defense costs incurred by an "employee" in a criminal proceeding occurring in the course of employment. The most we will pay for any "employee" who is alleged to be directly involved in a criminal proceeding is $25,000 regardless of the numbers of "employees," claims or "suits" brought or persons or organizations making claims or bringing "suits." 1. Additional Insureds SECTION 11—WHO IS AN INSURED is amended as follows: Each of the following is also an insured: 1. Managers and Supervisors — Your managers and supervisors are also insureds, but only with respect to their duties as your managers and supervisors. Managers and supervisors who are your "employees" are also insureds for "bodily injury" to a co -"employee" while in the course of his or her employment by your or performing duties related to the conduct of your business. This provision does not change Item 2.a.(1)(a) as it applies to managers of a limited liability company. 2. Broadened Named Insured — Any organization and subsidiary thereof which you control and actively manage on the effective date of this Coverage Part. However, coverage does not apply to any organization or subsidiary not named in the Declarations as Named Insured, if they are also insured under another similar policy, but for its termination or the exhaustion of its limits of insurance. 3. Funding Source — Any person or organization with respect to their liability arising out of: a. Their financial control of you; or b. Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. 4. Managers, Landlords, or Lessors of Premises — Any person or organization with respect to their liability arising out of the ownership, maintenance or use of that part of the premises leased or rented to you subject to the following additional exclusions: This insurance does not apply to: a. Any "occurrence" which takes place after you cease to be a tenant in that pre \s b. Structural alterations, new construction or demolition operations performa�gy�or on b I^ that person or organization. eta 5. Lessor of Leased Equipment —Automatic Status When Required in Lease A With You — Any person or organization from whom you lease equipment when person or organization have agreed in writing In a contract or agreement th uch p Page 5 of g Includes copyrighted material of Insurance Services Office, Inc., with permission. 2012 Philadelphia Indemnity Insurance Company PI•GLD-MK (03/12) organization is to be added as an additional insured on your policy. Such person or organization is an insured only with respect to liability for "bodily injury," "property damage" or "personal and advertising Injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. With respect to the insurance afforded to these additional Insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. 6. Vendors --Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: a. The insurance afforded the vendor does not apply to: TH (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (6) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, In connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (a) The exceptions contained in Sub -paragraphs (4) or (6); or (b) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connectionwwit � the distribution or sale of the products. " This insurance does not apply to any insured person or organization, from wtj�r,,4'0 � } have acquired such products, or any ingredient, part or container, entering inPt66``' accompanying or containing. Page 6 of 9 eeA Includes copyrighted material of Insurance Services Office, Inc., with permission. 0 2012 Philadelphia Indemnity Insurance Company PI-GLD-MK (03/12) 7. As Required by Contract — Any person or organization where required by a written contract executed prior to the occurrence of a loss, Such person or organization is an additional insured for "bodily injury," "property damage" or "personal and advertising injury" but only for liability arising out of the negligence of the named insured. The limits of insurance applicable to these additional insureds are the lesser of the policy limits or those limits specified in a contract or agreement. These limits are included within and not in addition to the limits of insurance shown in the Declarations 8. State or Political Subdivisions — Any state or political subdivision as required, subject to the following provisions: a. This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit, and is required by contract. b. This insurance does not apply to: (1) "Bodily injury," "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (2) "Bodily injury" or "property damage" included within the "products -completed operations hazard." J. General Aggregate Per Location SECTION III — LIMITS OF INSURANCE, Paragraph 2. is amended to include the following additional provision: The General Aggregate Limit applies separately to each of your "locations" owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. K. Duties in the Event of Occurrence, Claim or Suit SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 2. Is amended as follows: Item a. is amended to include: This condition applies only when the "occurrence" or offense is known to: (1) You, If you are an Individual; (2) A partner, if you are a partnership; or (3) An executive officer or insurance manager, if you are a corporation. Item b, is amended to include: `� d1(i 7 This condition will not be considered breached unless the breach occurs after such clalmWG lluit" iknown to:(1) You, if you are an individual;(2) A partner, if you are a partnership; orPage 7 of g Includes copyrighted material of Insurance Services Office, Inc., with permission 0 2012 Philadelphia Indemnity Insurance Company PI-GLD-MK (03/12) (3) An executive officer or insurance manager, if you are a corporation. L. Unintentional Failure To Disclose Hazards SECTION IV —COMMERCIAL GENERAL LIABILITY CONDITIONS, 6. Representations is amended to include the following: It is agreed that, based on our reliance on your representations as to existing hazards, if you should unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. M. Transfer of Rights of Recovery Against Others To Us SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 8. Transfer of Rights of Recovery Against Others To Us is deleted in its entirety and replaced by the following: If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. Therefore, the insured can waive the insurer's Rights of Recovery prior to the occurrence of a loss, provided the waiver is made in a written contract. N. Liberalization SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, is amended to include the following: If we revise this endorsement to provide more coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. " O. BodilyInjury —MentalAnguish SECTION V — DEFINITIONS, Paragraph 3. is deleted in its entirety and replaced by the following. "Bodily injury": a. Means bodily injury, sickness or disease sustained by a person, and includes mental anguish resulting from any of these; and b. Except for mental anguish, includes death resulting from the foregoing (Item a. above) at any time. P. Personal and Advertising Injury —Abuse of Process, Discrimination If COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY COVERAGE is not otherwise excluded from this Coverage Part, the definition of "personal and advertising injury" is amended as follows: 1. SECTION V — DEFINITIONS, Paragraph 14.b. is deleted in its entirety and replaced following: b. Malicious prosecution or abuse of process; 2. SECTION V — DEFINITIONS, Paragraph 14e. isamendedto include the following: C\�� t�,�4W.NN 8 of Includes copyrighted material of Insurance Services Office, Inc., with per fission. Q 0 2012 Philadelphia Indemnity Insurance Company PI-GLD-MK (03/12) Discrimination based on race, color, religion, sex, age or national origin, except when: a. Done intentionally by or at the direction of, or with the knowledge or consent of: (1) Any Insured; or (2) Any executive officer, director, stockholder, partner or member of the insured; b. Directly or indirectly related to the employment, former or prospective employment, termination of employment, or application for employment of any person or persons by an insured; c. Directly or Indirectly related to the sale, rental, lease or sublease or prospective sales, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any insured; or d. Insurance for such discrimination is prohibited by or held in violation of law, public policy, legislation, court decision or administrative ruling. The above does not apply to fines or penalties imposed because of discrimination. �'P Page 9 of 9 Includes copyrighted material of Insurance Services Office, Inc., with permission. © 2012 Philadelphia Indemnity Insurance Company PI-GL-005 (07112) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Effective Date; 07/01/2019 Name of Person or Organization (Additional Insured): Blanket where required by written contract. SECTION II —WHO IS AN INSURED is amended to include as an additional Insured the person(s) or organization(s) shown in the endorsement Schedule, but only with respect to liability for "bodily Injury," "property damage" or "personal and advertising injury" arising out of or relating to your negligence in the performance of "your work" for such person(s) or organization(s) that occurs on or after the effective date shown in the endorsement Schedule. This Insurance is primary to and non-contributory with any other insurance maintained by the person or organization (Additional Insured), except for loss resulting from the sole negligence of that person or organization. This condition applies even if other valid and collectible insurance is available to the Additional Insured for a loss or "occurrence" we cover for this Additional Insured. The Additional Insured's limits of insurance do not Increase our limits of insurance, as described in SECTION III — LIMITS OF INSURANCE. e6101 ` All other terms, conditions, and exclusions under the policy are applicable to this endors nT � { and ti� t remain unchanged. �/� G`W, Page 1 of 1 \J0 �1Q��' Includes copyrighted material of Insurance Services Office, Inc., with its mis`9Kr5 ACORO CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) �"� 04/12/2019 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 policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Caremaster Insurance Agency CA Lic#0707131 12474 Ridge Drive Santa Rosa Valley CA 93012 NAMEACT Dennis Mlgliazzo PHONE (g05)491-9220 FAx (886)409-6450 A/C No goDR .—EE.xtBennis@caremastenn$.Com INSURER(S) AFFORDING COVERAGE NAIC A INSURERA; Travelers Property Casualty Company ofAmerica 25674 INSURED INSURER B : Discovery Science Center of Orange County, OBA: Discovery Cube INSURER C: 2500 N. Main St' INSURER D: INSURER E : Santa Ana CA 92705 INSURER F COVERAGES GGK iFHLAi E NUMBER' CL i9412U 12te4 EEammC)u an,x.Ero. THIS IS TO CERTIFYTHATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO THE INSURED NAMEDABOVE FORTH E 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. -N—SR LTR TYPE OF INSURANCE AM INSD SUBS MD POLICYNUMBER POLCYEFF MM/DD/YYYY POLICYEXP MM/DD/YYW LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S AGET PREMISES -R occurrum enc.)$ ' CLAIMS -MADE OCCUR MED EXP(Anyone person) $ PERSONAL &ADV INJURY $ GEN'LAGGREGATE LIMITAPPLIES PER GENERALAGGREGATE $ PRO ❑ POLICY ❑ JECT LOC PRODUCTS - COMP/OP AGG $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Paraocidenl $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS UAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY YIN %� STATUTE ER E.L. EACHACCIDENT $ 1,000,000 A ANY PROPRIETOR/PARTNER/EXECUTIVE N OFFICER/MEMBER EXCLUDED4 NIA UB- 2N146060-19-14-G 04/01/2019 04/01/2020 E.L. DISEASE -EA EMPLOYEE $ 1,000, 000 (Mandatory, In NH) If Yes, describe under E. L. DISEASE -POLICY IT $ 1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is requiretl) *10 days for non payment of premium. 30 + V SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana Parks, Recreation and Community Services Agency ACCORDANCE WITH THE POLICY PROVISIONS. 26 Civic Center Plaza _. Santa Ana CA 92701 AUTHORIZED REPRESENTATIVE ©1988.2015ACORDCORPORATION All rinHFe .omnmd ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD