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HomeMy WebLinkAboutIRVINE UNIFIED SCHOOL DISTRICT (CULVERDALE ELEMENTARY)City of Santa Ana Clerk of the Council 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FORM Please complete this form in its entirety when the attached agreement and all i amendments (if any) are no longer in effect. 2020 FEB _6 PM Li: 23 Note: If your agreement is grant related, please ensure that all grant retention requirements have been satisfied prior to signing the termination form. CITY OF SAWA ANA Is the agreement(s)apermanent record? Yes _ No CLERK OF COUNCIL I Return form to the Clerk of the Council Office (M-30). I Call 647-1520 if you have any questions. The agreement with No. N-2019-072 was completed on (List all amendments. Use space below if needed.) Revised: 10-18-16 Only ,30/1 and final payment has been made. Department: PRC5111 Phone/Ext.: y►� Signature: Date: Io10 N-2019-072 MAY +101 2019 Q�.. ®`,'o k) INDEPENDENT CONTRACTOR AGREEMENT `7Aeh0s �1-k'v0} This AGREEMENT is hereby entered into this 18 day of March, 2{)19 between the Irvine Unified School District (Culverdale Elementary), hereinafter referred to as "DISTRICT," and City of Santa Ana, PO Box 1964 M13, Santa Ana, CA 92702, hereinafter referred to as "CONTRACTOR." WHEREAS. DISTRICT is authorized by Section 53060 of the California Government Code to contract with and employ any persons for the furnishing of special Services and advice in financial, economic, accounting, engineering, legal or administrative matters, if such persons are specially trained and experienced and competent to perform the special Services required; WHEREAS, DISTRICT is in need of such special services and advice; and WHEREAS, CONTRACTOR is specially trained and experienced and competent to perform the special Services required by the DISTRICT, and such services are needed on a limited basis; NOW, THEREFORE., the parties agree as follows: I . Services to be provided by Contractor. CONTRACTOR shall provide three (3) live animal education program presentations on each day utilizing CONTRACRTOR's Zoomobile for the 2"s grade topic: Classification & Scientific Method; these education programs line up with NGSS content standards, hereinafter referred to as "Services". Additional details outlined in Appendix A, attached hereto. 2. Term. CONTRACTOR shall commence providing Services under this AGREENIENTon April April 30„ 2019. 3. Compensation DISTRICT agrees to pay the CONTRACTOR for Services satisfactorily rendered pursuant to this AGREEMENT a total fee not to exceed Two Hundred Seventy Dollars ($270.00). DISTRICT shall pay CONTRACTOR on the day of the event. 4. Expenses. DISTRICT shall not be liable to CONTRACTOR for any costs or expenses paid or incurred by CONTRACTOR in performing Services for DISTRICT. 5. Independent Contractor. CONTRACTOR, in the performance of the Services pursuant to this AGREEMENT, shall be and act as an independent contractor. CONTRACTOR understands and agrees that it and all of its employees shall not be considered officers, employees or agents of the DISTRICT, and are not entitled to benefits of any kind or nature normally provided employees of the DISTRICT and/or to which DISTRICT's employees are normally entitled, including, but not limited to, State Unemployment Compensation or Workers' Compensation. CONTRACTOR assumes the full responsibility for the acts and/or omissions of its employees or agents as they relate to the Services to be provided under this AGREEMENT. CONTRACTOR shall assume full responsibility for payment of all federal, state and local taxes or contributions, including unemployment insurance, social security and income taxes with respect to CONTRACTOR's employees. Irvine Unified School District ' Rev_ Gtiota Independent. Contractor Agreement 6. Materials CONTRACTOR shall furnish, at its own expense, all labor, materials, equipment, supplies and other items necessary to complete the Services to be provided pursuant to this AGREEMENT. CONTRACTOR'S Services will be performed in accordance with generally and currently accepted principles and practices of its profession. 7. Orin=inality of Services/Intellectual Property CONTRACTOR agrees that all ideas, technologies, formulae, procedures, processes and methods prepared for and submitted by CONTRACTOR to the DISTRICT in connection with the Services set forth in this AGREEMENT, shall be wholly original to CONTRACTOR and shall not be copied in whole or in part from any other source, except that submitted to CONTRACTOR by DISTRICT as a basis for such Services. 8. Termination. DISTRICT may, at any time, with or without reason, terminate this AGREEMENT and compensate CONTRACTOR only for Services satisfactorily rendered to the date of termination. Written notice by DISTRICT shall be sufficient to stop further performance of Services by CONTRACTOR. Notice shall be deemed given when received by the CONTRACTOR or no later than three (3) days after the day of mailing, whichever is sooner. DISTRICT may terminate this AGREEMENT upon giving of written notice of intention to terminate for cause. Cause shall include: (a) material violation of this AGREEMENT by the CONTRACTOR: or (b) any act by CONTRACTOR exposing the DISTRICT to liability to others for personal injury or property damage; or (c) CONTRACTOR is adjudged a bankrupt, CONTRACTOR makes a general assignment for the benefit of creditors or a receiver is appointed on account of CONTRACTOR's insolvency. Written notice by DISTRICT shall contain the reasons for such intention to terminate and unless within ten (10) days after service of such notice the condition or violation shall cease, or satisfactory arrangements for the correction thereof be made, this AGREEMENT shall upon the expiration of the ten (10) days cease and terminate. In the event of such termination, the DISTRICT may secure the required Services from another contractor. If the cost to the DISTRICT to secure the required Services from another contractor exceeds the cost of providing the Services pursuant to this AGREEMENT, the excess cost shall be charged to and collected from the CONTRACTOR. The foregoing provisions are in addition to and not a limitation of any other rights or remedies available to DISTRICT. Written notice by DISTRICT shall be deemed given when received by the CONTRACTOR, or no later than three (3) days after the day of mailing, whichever is sooner. 9. field harmless CONTRACTOR agrees to and does hereby indemnify, hold harmless and defend the DISTRICT and its governing board, officers, employees and agents from every claim or demand made and every liability, loss, damage or expense, of any nature whatsoever, which may be incurred by reason of: (a) Liability for damages for: (1) death or bodily injury to person: (2) injury to, loss or theft of property; or (3) any other loss, damage or expense arising out of (1) or (2) above, sustained by the CONTRACTOR or any person, firm or corporation employed by the CONTRACTOR, either directly or by independent contract, upon or in connection with the Services called for in this AGREEMENT, however caused, except for liability for damages referred to above which result from the sole negligence or willful misconduct of tine DISTRICT or its officers, employees or agents. Irvine Unified School District — Rev onais Independent Contractor Agreement (b) Any injury to or death of any person(s), including the DISTRICT's officers, employees and agents, or damage to or loss of any property caused by any act, neglect, default, or omission of the CONTRACTOR, or any person, firm or corporation employed by the CONTRACTOR, either directly or by independent contract, arising out of or in any way connected with, the Services covered by this AGREEMENT, whether said injury or damage occurs either on or off DISTRICT's property, except for liability for damages which result from the sole negligence or willful misconduct of the DISTRICT or its officers. employees or agents. (c) Any liability for damages which may arise from the furnishing or use ofany copyrighted or uncopyrighted matter or patented or unpatented invention under this AGREEMENT. 10. Insurance. CONTRACTOR shall insure CONTRACTOR's activities in connection with the Services under this AGREEMENT and agrees to carry insurance to ensure CONTRACTOR's ability to adhere to the indemnification requirements under this AGREEMENT. 10.1 CONTRACTOR shall, at CONTRACTOR's sole cost and expense, maintain in full force and effect the following insurance coverages from a California licensed insurer with an A, VIII, or better rating from A.M. Best or an approved self-insurance program, sufficient to cover any claims, damages, liabilities, costs and expenses (including attorney fees) arising out of or in connection with CONTRACTOR's fulfillment of the obligations under this AGREEMENT: a. Comprehensive or Commercial General Liability Insurance, including bodily injury, property damage and contractual liability with minimum limits set by the DISTRICT. (1) General Aggregate $2,000,000 (2) Each Occurrence $1,000,000 (3) Products/Completed Operations $1,000,000 (4) Personal and Advertising Injury $1,000,000 (5) Damage to Rented Premises $50,000 (6) Medical Expense (any one person) $5,000 The policy may not contain an exclusion for coverage of claims arising from claims for sexual molestation or abuse. This policy shall include or be endorsed to include abuse and molestation coverage of at least $1,000,000 for each occurrence. b. Umbrella (excess) liability insurance coverage with a limit of $3,000,000, unless waived by the DISTRICT. The policy may not contain an exclusion for sexual molestation or abuse coverage. C. Business Automobile Liability Insurance for owned, scheduled, non -owned, or hired automobiles with a combined single limit not less than Irvine Unified School District ' Rev_ 6,2018 Independent Contractor Agreement $t,000,000 per occurrence. (Required only if the CONTRACTOR drives wu behalfof the DISTRICT in the course ofperforming Services.) d. Professional Liability Insurance with a limit of $1,000,000 per occurrence, unless waived by the DISTRICT. e. Workers' Compensation and Employers Liability Insurance in a form and amount covering CONTRACTOR's full liability under the California Workers' Compensation Insurance and Safety Act and in accordance with applicable state and federal laws. The policy shall be endorsed with the insurer's waiver of rights of subrogation against the DISTRICT. It should be expressly understood, however, that the coverage and limits referred to under a., b., c., and d, above shall not in any way limit the liability of the CONTRACTOR. 10.2 No later than ten (10) days from execution of this AGREEMENT by the DISTRICT and CONTRACTOR, and prior to commencing the Services under this AGREEMENT, CONTRACTOR shall provide DISTRICT with certificates of insurance evidencing all coverages and endorsements required hereunder. CONTRACTOR shall provide prior written notice to the DISTRICT thirty (30) days in advance of any non -renewal, cancellation, or modification of the required insurance. The certificates of insurance providing the coverages referred to in clauses (a) and (b) above shall name DISTRICT, its Governing Board, officers, and employees, as additional insureds with appropriate endorsements. In addition, the certificates of insurance shall include a provision stating "Such insurance as is afforded by this policy shall be primary, and any insurance carried by DISTRICT shall be excess and noncontributory." Failure to maintain the above mentioned insurance coverages shall be cause for termination of this AGREEMENT. II. Assignment. The obligations of the CONTRACTOR pursuant to this AGREEMENT shall not be assigned by the CONTRACTOR. 12. Compliance With Applicable Laws. The Services completed herein must meet the approval of the DISTRICT and shall be subject to the DISTRICT's general right, of inspection to secure the satisfactory completion thereof, CONTRACTOR agrees to comply with all federal, state and local laws, rules, regulations and ordinances that are now or may in the future become applicable to CONTRACTOR. C'ONTRACTOR's business, the Services, equipment and personnel engaged in Services covered by this AGREEMENT or accruing out of the performance of such Services. 12. I Fingerprinting. Education Code section dS 125.1 requires that employees of a Contractor providing certain services to school districts must be fingerprinted by the California Department of Justice for a criminal records Irvine Cnified School District `' Rev. srzo#N Independent Contractor Agree inent check. unless the District determines that the Contractor and/or Contractor's employees will have limited or no contact with District's students, In making this determination, the District will consider the totality of the circumstances. If the District has determined that fingerprinting is required, whether or not the Services are one of those listed in Section 45125.1, the Contractor expressly agrees that Contractor and all of Contractor's current and subsequent employees will submit or have submitted fingerprints in a manner required by the California Department of Justice, as set forth in Education Code section 45125.L Contractor and/or Contractor's Current and subsequent employees shall not come in contact with students until the Department of Justice has ascertained that the Contractor and/or Contractor's employees have not been convicted of a serious or violent felony. Contractor shall certify in writing to the District that none of its employees who may come in contact with students have been convicted of a serious or violent felony; and shall provide to the District a list of names of its employees who may come in contact with students. Contractor shall fulfill these requirements at its own expense. The District may require the Contractorand its current and subsequent employees to submit to additional criminal records checks at the District's sole and absolute discretion. The Services and scope of work defined in this Agreement will ❑ will not L9 require the CONTRACTOR to submit to fingerprinting. CONTRACTOR's Initials: 13. Permits/Licenses. CONTRACTOR and all CONTRACTOR's employees or agents shall secure and maintain in force such permits and licenses as are required by law in connection with the furnishing of Services pursuant to this AGREEMENT. Id. Employment with Public Agency. CONTRACTOR, if an employee of another public agency, agrees that CONTRACTOR will not receive salary or remuneration, other than vacation pay, as an employee of another public agency for the actual time in which Services are actually being performed pursuant to this AGREEMENT. 15. Entire Agreement/Amendment. This AGREEMENT and any exhibits attached hereto constitute the entire AGREEMENT among the parties to it and supersedes any prior or contemporaneous understanding or AGREEMENT with respect to the Services contemplated, and may be amended only by a written amendment executed by both parties to the AGREEMENT. This AGREEMENT incorporates by this reference, any exhibits, which are attached hereto and incorporated herein. 16. Nondiscrimination. CONTRACTOR agrees that it will not engage in unlawful discrimination in employment of persons because of race, ethnicity, religion, nationality, disability, gender, sex, marital status, age, or other characteristics protected by federal or state laws of such persons. Irvine Unified School District 5 Rev_ 6 2019 Independent Contractor Agreement 17, Non Waiver. The failure of DISTRICT or CONTRACTOR to seek redress for violation of, or to insist upon, the strict performance of any term or condition of this AGREEMENT, shall not be deemed a waiver by that party of such term or condition, or prevent a subsequent similar act from again constituting a violation of such term or condition. IS. Notice All notices or demands to be given under this AGREEMENT by either party to the other shall be in writing and given either by: (a) personal service or fb) by U.S. Mail, mailed either by registered or certified mail, return receipt requested, with postage prepaid. Service shall be considered given when received if personally served or if mailed on the third day after deposit in any U.S. Post Office, The address to which notices or demands may be given by either parkmay be changed by written notice given in accordance with the notice provisions of this section. At the date of this AGREEMENT, the addresses of the parties are as follows: District: Contractor: Irvine Unified School District City of Santa Ana 5050 Barranca Parkway PO Box 1964 M13 Irvine, CA 92604 Santa Ana, CA 92702 Attn: Asst. Superintendent, Business Services Attn: Teresa Ifernandez 19. Severability. if any term, condition or provision of this AGREEMENT is held by a court of competentjurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force and effect, and shall not be affected, impaired or invalidated in any way. 20, Attorney Fees/Costs. Should litigation be necessary to enforce any terms or provisions of this AGREEMENT, then each party shall bear its own litigation and collection expenses, witness fees, court costs, and attorneys' Fees. 2 L Headings. The headings contained in this AGREEMENT are provided exetusively for reference and the convenience ofthe Parties. No legal significance of any type shall be attached to the headings. 22. Countetgarts. This AGREEMENT may be signed and delivered in two (2) counterparts, each of which, when so signed and delivered, shall be an original, but such counterparts together shall constitute the one instrument that is the AGREEMENT, and the AGREEMENT shall not be binding on any party until all Parties have signed it. 23. Authorized Signatures. The individual signing this AGREEMENT warrants that he/site is authorized to do so. The Parties understand and agree that a breach of this warranty shall constitute a breach of the AGREEMENT and shall entitle the non -breaching party to all appropriate legal and equitable remedies against the breaching party. 24, Governing Law. The terms and conditions of this AGREEMENT shall be governed by the laws of the State of California with venue in Orange County, California. This AGREEMENT is made in and shall be performed in Orange County, California. 25. Exhibits This AGREEMENT incorporates by this reference, any exhibits, which are attached hereto and incorporated herein, if applicable. Irvine Unified School District 6 Rev. 8:201A Independent Contractor Agreernent This AGREEMENT is entered into this 18 day ol'March, 2019. IRVINE UNIF By: iu r endent, Business Services r<ecl ICF,SI� rep. rxdl sigrr fiir !UYD) Approve&Vig p,0. b,(.611 ptYi CONTRACTOR AT"PEST APPROVED AS TO FORM: LAURA ROSSINI Senior Assistant City Attorney Irvine l nified School District Independent Contractor Agreement CITY OF SANTA ANA STEVEN MENDOZA Acting City Manager APPROVED AS TO C EN'r: t L RUDLOFF E3eetl[ive Director Parks, Recreation & C tmrnunity Services Rev 612.1113 APPENDIX A City of Santa Ana Zoomohile Confirmation and Invoice, attached hereto. Irvine unified School District ° Rev, 6t2m Independent Contractor ,Agreement Sepminber 6, 2018 Attn: Andrea Lee Culverdale Elementary 2 Paseo Westpark Irvine, CA 92614 949-936-5600 Santa Ana Zoomobile Confirmation and Invoice Please check the following information for accuracy. Program details: Tuesday April 30, 2019 (2n0 grade) 3 Presentations 10:30-11:30, 11,30-12,30, & 12 30-1:30 Maximum 30 Students per presentation. Notes 2r' grade topic: Classification & Scientific Method. Payment: A check payable to the Cit of Santa Ana for $270.00 is due on or before presentation day. Mailed checks must be received before presentation day. Attn. Terri in the Education Dept. Santa Ana Zoo 1801 E. Chestnut Ave, Santa Ana, CA 92701 Please also complete and mail/email the attached evaluation form to my attention, and help us improve our programs. Feel free to contact me with any questions or adjustments. I'm looking forward to the visit. Sincerely, in6c�� J�aec c7%2auss,�i Terri Hernandez Program Coordinator Santa Ana Zoo 714-647-6562 Thernandez2:�isanta-ana.oro 100: No Chestnut Avknub u Swam Ma, California 92101 x - ITI3dd7Gi35 WwW SanYOOaaX90.aYv] 1 Upirz (D MAYOR Miguel A. Police MAYOR PRO TEM Juan Villages COUNCILMEMBERS Cecilia Iglesias David Penaloza Roman Rayne Vicente Sarmlento Jose Solodo HUMAN RESOURCES DEPARTMENT Steven V. Pham JD, EMBA Executive Director of 4uman Resources 20 Civic Center Plaza • P,O. Box 1988 Santa Ana, California 92702 (714)647-6340 vrvvw.santa- na.oro February 14, 2019 Irvine Unified School District Attn: Risk Management & Insurance 5050 Barranca Parkway Irvine, CA 92607 SENT VIA EMAIL Re: City of Santa Ana Zoo Dear Irvine Unified School District, ACTING CITY MANAGER Steven A. Mendoza CITY ATTORNEY Sonia R. Carvalho ACTING CLERK OF THE COUNCIL Norma Mitre -Ramirez This certifies that the City of Santa Ana is self -insured for both Workers' Compensation and General Liability coverages, The City of Santa Ana is a member of Big Independent Cities Excess Pool (BICEP). Current reinsurance and excess municipal liability is insured from $1,000,000 to $27,000,000 and includes auto liability coverage, The City self -insures and funds the first $1,000,000 of claim payments. The City is permissively self -insured for workers' compensation and self -administers this program as well. The City, through BICEP, purchases excess statutory coverage through the California State Association of Counties — Excess Insurance Authority (CSAC-EIA) above $1,000,000. The City funds claim payments under $1,000,000, Should you have any questions concerning the City of Santa Ana's insurance program, please contact the Risk Management Division at (714) 647-5470. Respectfully, Deborah Scott-Leistra Interim Risk Manager DSL: fry SAN"]A ANA CITY COUNCIL. 91 Juan V i 1W V.1` 9xenign10 s i' e1, "za d,do MdYot Map�r V,n"an V.zNS -!!aN { Mary? Nab ] s;n[J n 'Nartl4 o ,.,•^.y'E, .,fir ;y ar:➢sz-na.a+e ore amaau�ZIlI �a^� - .As rca ��r "ors 1111t i^aan CERTIFICATE OF COVERAGE 1 04/17/2019 PRODUCER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER> THIS CERTIFICATE DOES NOT Alliant Insurance Services, Inc. AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER COVERAGE AFFORDED P.O. BOX 6450 BELOW. THIS CERTIFICATE OF COVERAGE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, NEWPORT BEACH, CA 92658-6450 AND THE CERTIFICATE HOLDER. PH (949) 756-0271 / FAX (949) 756-2713 IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED and/or requesting a WAIVER LICENSE NO. OC36861 OF SUBROGATION, the Memorandums of Coverage must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). BIG INDEPENDENT CITIES EXCESS POOL MEMBER: CITY OF SANTA ANA ATTN: DEBBIE SCOTT-LEISTRA, INTERIM RISK MANAGER P.O. BOX 1988 SANTA ANA, CA 92702-1988 COMPANIES AFFORDING COVERAGE COMPANY LETTER (A) BIG INDEPENDENT CITIES EXCESS POOL COMPANY LETTER (B) COMPANY LETTER (C) COMPANY LETTER (D) COMPANY LETTER (E) THIS IS TO CERTIFY THAT THE MEMORANDUMS OF COVERAGE LISTED BELOW HAVE BEEN ISSUED TO THE MEMBER NAMED ABOVE FOR THE 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 COVERAGE AFFORDED BY THE MEMORANDUMS DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH MEMORANDUMS. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPES MEMORANDUM MEMORANDUM OR POLICY MEMORANDUM LTR OF COVERAGES OR POLICY NUMBER EFFECTIVE OR POLICY EXPIRES LIMIT $2,000,000 EXCESS LIABILITY BO-05 BODILY LIMIT INCLUSIVE OF A OCCURRENCE FORM INJURY AND $1 D,000 INCLUDING AUTOMOBILE 07/01/2018 07/01/2019 PROPERTY SELF -INSURED RETENTION LIABILITY DAMAGE AND COMBINED $1,000,000 BICEP POOL LAYER DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLESIRESTRICTIONS/SPECIAL ITEMS: AS RESPECTS SANTA ANA ZOOMOBILE EVENT AT CULVERDALE ELEMENTARY SCHOOL ON APRIL 30, 2019. IRVINE UNIFIED SCHOOL DISTRICT, ITS GOVERNING BOARD, OFFICERS, AND EMPLOYEES ARE INCLUDED AS ADDITIONAL INSURED SOLELY WITH RESPECT TO BODILY INJURY AND PROPERTY DAMAGE ARISING OUT OF OPERATIONS AS DESCRIBED BY OR ON BEHALF OF THE NAMED INSURED, PER ATTACHED ENDORSEMENT. COVERAGE IS PRIMARY AND NON-CONTRIBUTORY WITH RESPECT TO ANY INSURANCE CARRIED BY CERTIFICATE HOLDERS AS REQUIRED BY CONTRACT PER ATTACHED ENDORSEMENT. SUBJECT TO POLICY TERMS, CONDITIONS AND EXCLUSIONS. 5 IRVINE UNIFIED SCHOOL DISTRICT ATTN: ASST, SUPERINTENDENT, BUSINESS SERVICES 5050 BARRANCA PARKWAY IRVINE, CA 92604 CANCELLATION SHOULD ANY OF THE CANCELLED BEFORE DELIVERED IN ACC( PROVISIONS. iR.MEMORANDUMS OF COVERAGES BE N DATE THEREOF, NOTICE WIL BE THE MEMORANDUMS OF COVERAGE PIAI THIS ENDORSEMENT DOES NOT CHANGE THE MEMORANDUM. PLEASE READ IT CAREFULLY. ADDITIONAL COVERED PARTY - COVERED INDEMNITY CONTRACT This endorsement indentifies coverage provided Linder the following: BICEP MASTER MEMORANDUM OF LIABILITY COVERAGE The following wording can be found in Section II, Definitions: 6. COVERED PARTY -- means: Any person or entity holding a certificate of coverage duly issued by BICEP, as limited therein ("ADDITIONAL COVERED PARTY"). An ADDITIONAL COVERED PARTY is not covered for claims arising from the ADDITIONAL COVERED PARTY's sole negligence or for claims by another COVERED PARTY. g. Any person, entity or organization to whom the COVERED PARTY is obligated by virtue of a COVERED PARTY INDEMNITY CONTRACT to provide coverage solely with respect to BODILY INJURY AND PROPERTY DAMAGE arising out of: i. Premises leased, used or occupied by the COVERED PARTY ii. AUTOMOBILES leased or rented by the COVERED PARTY iii. Equipment owned, leased, rented, maintained or used by the COVERED PARTY iv. Mortgagees of the COVERED PARTY; or v. Property owners and property managers of property owned, leased, rented or occupied by the COVERED PARTY, vi. However, these COVERED PARTY INDEMNITY CONTRACT coverages do not apply to: aa. An OCCURANCE which takes place prior to or after the COVERED PARTY ceases to occupy the premise stated in the COVERED INDEMNITY CONTRACT, bb. Any structural alternation, new construction or demolition operations performed by or on behalf of the COVERED PARTY cc. Any PUBLIC ENTITY ERRORS AND OMISSIONS or E PLOYMENT PRACTICES. p _ y h. The coverage set forth in subsection (g) immediately above & Ia e cry limits of coverage within the terms of the COVERED INDEMNITY CO �r• the LIMITS OF COVERAGE within this MEMORANDUM, which nd will apply in excess to any underlying insurance or the COVF S SELF - INSURED RETENTION. BICEP will not be obli�017 LIABILITY greater than that provided by this MEMORANDUM. 712014 Ed BICEP MOC Attachment Page 1 of 1 THIS ENDORSEMENT DOES NOT CHANGE THE MEMORANDUM. PLEASE READ IT CAREFULLY. ADDITIONAL COVERED PARTY - PRIMARY AND NON-CONTRIBUTORY This endorsement ind'entifies coverage provided under the following: BICEP MASTER MEMORANDUM OF LIABILITY COVERAGE The following wording can be found in SECTION VII -- CONDITIONS 20. Additional Covered Party: If any primary insurance is held by the person(s), entity(ies), or organization(s) named by a duly issued certificate as an ADDITIONAL COVERED PARTY, this insurance is primary to that other insurance, but will apply in excess of the applicable COVERED PARTY's SELF -INSURED RETENTION specified in the Declarations. BICEP shall not seek contribution from the other insurance held by such ADDITIONAL COVERED PARTY for amounts payable Linder this insurance. This condition applies only with respect to liability for BODILY INJURY and PROPERTY DAMAGE arising solely out of the negligent acts of the applicable COVERED PARTY, and not with respect to any other liability. This condition does not apply to a person(s), entity (ies) or organization(s) unless the applicable COVERED PARTY had a specific written contract with that person(s), entity (ies) or organization(s) that meets all of the following criteria: a. The contract was duly approved by the MEMBER, and; b. The contract requires that the person(s), entity(ies) or organization(s) be named as an ADDITIONAL COVERED PARTY under this Memorandum, and; c. The COVERED PARTY received the request for designation as an ADDITIONAL COVERED PARTY before the date that the applicable COVERED PARTY begin operations or performance under the contract, and; d. The contract requires that this insurance be primary. 712014 Ed BICEP MOC Attachment Page 1 of 1 AAk 1hant ALLIANT INSURANCE SERVICES, INC. BIG INDEPENDENT CITIES EXCESS POOL (BICEP) JULY 1, 2018 TO JULY 1, 2019 NAMED INSURED MEMBER: City of Santa Ana P.O. Box 1988 Santa Ana, CA 92702 EFFECTIVE DATE: 07/01/2018 NAMED INSURED: City of Santa Ana, a Charter City and a Municipal Corporation duly organized and existing under the constitution and laws of the State of California; The Community Redevelopment Agency of the city of Santa Ana and the Successor Agency, a public body, corporate and public The Industrial Development Authority of the City of Santa Ana, a public, corporate instrumentality of the State of California; The Housing Authority of the City of Santa Ana, a public body, corporate and public; Santa Ana Financing Authority, a joint powers agency; Santa Ana Empowerment Corporation, Incorporated,_ a 501 (C) (3) entity created by the City Council; Workforce Investment Board (WIB) The Friends of Santa Ana Parks and Recreation Community Services, a 501 (C) (3) Non -Profit Santa Ana Police Athletic and Activity League (SAPAAL) The Southland Economic Development Corporation, a non-profit public benefit corporation Page 1 of 1