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Home My WebLink AboutHUNTINGTON BEACH CITY SCHOOL DISTRICT r City of Santa Ana 7.r%r Clerk of the Council COTC Office Use Only I "" AGREEMENT TERMINATION FORM �� Please complete this form in its entirety when the attached agreement a+r.d aJ�,, amendments (if any) are no longer in effect. ' ,.".7! t 6 Pt'� 1: "I9 Note: If your agreement is grant related, please ensure that all grant retention requirements >rt j . have been satisfied prior to signing the termination form. �t; ,� CLERK OF r�r�il �C�L Is the agreement(s)a permanent record?Yes No �. Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. The agreement with `l- U VV\-ik.1 VCAt 4 A� 2 t&M'1 Q l 4,;. �C' 'viz c Q 1,C No. N-2019-098 was completed on 5131 i t9 and final payment has been made. (List all amendments. Use space below if needed.) 4 Department: V` .S A Phone/Ext.: j,..Sl Signature: )k-GL tAi1/4Q1Vi CV) Date: 1tT I L9 Revised: 10-18-16 i I1 N-2019-098 0MAY 2 9 2019 L:/ rcetum vmuiivfu. �" Q�(�j�r�V) . Executed opyto CC7TC JW kA. AGREEMENT WITH CITY OF SANTA ANA FOR USE OF ZOOMOBILE THIS AGREEMENT is made and entered into on this 21st day of May, 2019 by and between the Huntington Beach City School District ("District"), 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 operates a zoo and in conjunction with this operation, the City provides educational presentations by way of its zoo mobile to students at various schools throughout Orange County, B. District has requested that Citybrings its zoo mobile for events at one ofDistrict's school(s) and provide educational information about the animals and other related items as agreed upon in writing between City and District prior to the event. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms mid conditions hereinafter set forth, the parties agree as follows; 1. SCOPE OF SERVICES City shall provide educational presentations to students at District's Dwyer Middle School on May 30, 2019 as more fully discussed in the attached Exhibit A, 2. COMPENSATION District shall pay the fees of $ 810 to City as outlined in the attached Exhibit A incorporated by reference as though completely set forth herein, Fees are due and payable prior to the date of scheduled event. 3. TERM This Agreement shall commence on the date first written above and terminate on May 31, 2019 unless terminated earlier in accordance with Paragraph 7 of this Agreement. Specific provisions of the Agreement provide that those provisions survive expiration or termination of the Agreement. 4. INSURANCE Prior to undertaking performance of work under this Agreement, City shall provide proof of self-insurance in compliance with District's insurance requirements attached hereto and marked as Exhibit B. Page I S. INDD+MNIFICATION a. District agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, 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 or willfiil operations of the District, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement, This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The District further agrees to indemnify, hold harmless, and pay III costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement, City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent District's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the District. b. City agrees to defend, and shall indemnify and hold harkxrless the District, its officers, agents, employees, contractors, 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 or willful operations of the City, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for darnages, just cotmpensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The City further agrees to indemnify, hold harmless, and pay all costs fox the defense of the District, including fees and costs for special counsel to be selected by the District, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. District may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent District's services are subject to Civil Code Section 2782,8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the City, Page 2 e. Subsections a and b of this Section survive expiration or termination of this Agreement. 6. EXCLUSIVITYY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and District, 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 District, 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 District or the City except as specifically outlined herein. Each party to this Agreement aclmowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by mypatty, or anyone acting on behalf of any party, which is not embodied herein. 7. TERMINATION This Agreement may be tenninated by either party upon five (5) days written notice of termination. 8. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by die party waiving the breach, failure,, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 9. 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. This section remains in effect beyond the term of the Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be property 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: Page 3 To City; Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1998 Fax: 714.647-6956 With courtesy copies to; Executive Director Parks, Recreation and Community Services Agency City of Santa Ana 20 Civic Center Plaza (M-23) P.O, Box 1988 Santa Ana, California 92702 Fax; 714-571-4221 To District: City Attorney City Attorney's Office City of Santa Ana 20 Civic Center Plaza (M,29) P.O. Box 1988 Santa Ana, California 92702 Fax:714.647-6515 Huntington Beach City Unified School District 8750 Dorsett Drive .Huntington Beach, CA 92646 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. This section remains if effect beyond the term of the Agreement. 11. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. Page 4 EMPU b. All Exhibits referenced herein and attached hereto shall be inewporated as if filly set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. «r NORMA MITRE Acting Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Laura A. Rossini Senior Assistant City Attorney RECOMMENDED FOR.APPROVAL: a ive Director Recreation and Community Services Agency CITY OF SANTA ANA KiRISTINE RIDGE City Manager DISTRICT: (name) (title) Tax IDYf Return UtUL 1NAL Executed Copyto COTC (M-30/T11) Page 5 EXHIBIT A SCOPE OF SERVICESNEES May 21, 2019 Attn: Amy Rasmussen Dwyer Middle School 1502 Palm Ave. Huntington Beach, CA 92648 Santa Ana Zooimobile Confirmation and Invoice Please check the following Information for accuracy. Program details: Approximately 130 Students per presentation. Thursday May 30, 2019: 3 assembly presentations V presentation 9:00-9:55 $210.00 2nd presentation 10:00-11:30 $210.00 Break 11:15.12 noon $210.00 3ie Presentation $210.00 Total: $840.00 Payment: A check payable to the City of Santa Ana for $840.00 Is due on or before presentation day. Mailed checks must be received before presentation day. Attn: Terri in the Education Dept, Santa Ana Zoo 1801 E. Chestnut Ave, Santa Ana, CA 92701 Notes: Feel free to contact me with any questions or adjustments. I'm looking forward to the visit. M Terri Hernandez Program Coordinator Santa Ana zoo 714-647.6562 Thernandez2@q saints-ana.Qtg, 1601 tort Cllooloo} AVonue ,flnyar Cc C&Y ,d¢rr Cdnllfli0/NIIIAnhf Cityldm@ACr 017diMaley Strain Ana, Cal liomIn 92701 Miguol A. Fulido F. 6avldenauides Yul lhmlom RIM Godlaal ll Soin R. CU'Valin (714) 647075 ag,?rn 7ew V41h salWma Juan Vi1hp 08001140 emal a WWW'satlflsnnn¢nu, Oro M16d. Mntlinaa loss Sulorlo Auria V. HUNT EXHIBIT B INSURANCE REQUIREMENTS HUNTINGTON BEACH CITY SCHOOL. DISTRICT 8750 Dorsett Dr., Huntington Pleacn, CA 92545 (714) 904.886e CARD of Ttu$TEFS To: Applicadts for it HBCSD Facility Use Permit _...— Shari X0wRlke Nuldent From: Administrative Services Department Ann Sullivan U, F'AC7LXTY USE 13ERMITS IND.ENMFICATION AND INSURANCE vloo President REQUIREMENT LANGUAGE '9ridget Raub Clark Tlrank you fax applying for a facility use permit with the Huntington Beach City School District. Please submit the required insuranca documents as Indicated below, Paul Marrow, Cd.D, Member 1, A two-tlafe Cerlj<ierlte of Igatrrance_L(L0jJ for your organization, The Diana Marks certificate must: Metnbor + Show at least $2,000,000/occurrence of general liability insurance. AQUU2Z116MIf • Name as CERTIFICATE HOI,DIEFI; OregoryHaulk Superintendent ont Huntington Beach. CitySchool District 8750 Dorsett Drive lonn for Shepard Huntington Beach, CA 92646 Assistant Superintendent Educational Services • Naine I•T.tuitington Beach City School District as ddit naI i sty •by P¢trici¢ I•lagor written 011d.ogiamm<i to the policy. This will require a 2"a page - naming Altai®tantSttparintandaut 1IBCSD on the COI iYsei,f, j&vf&Flit, Raman >resourcrs You M, Archibald • Ensure the policy period covers the entire period for which you. are roquesting Assistant Superinterident use. Administrative Services + insurance policy rnustverify that sewual,abuse and molesjatipnare not o ded and must Have coverage at a minihnutn of $I,000,Q001ocourrerxce dud a $2,000,000/aggregate uador the general liability policy. This must be shown. as a covered exposure on the Certificate of insurance, + NOTE; I ims made policies are NOT accented in NBCSDI, + If you must purchase sexaal abuse and molestation coverage through another insurance carrier, a separate Cerftijttal oflInsurance rind additional Insured written a dorsement as described above must be providad, 2, Commercial vendors must provide proof of workers'oompensationcoverage. 3. 'Food Vendors must also provide automobile liability insurance in addition to the general liability insurance, naming the FJBCSD as additional insured per the above, An Orange County Health Permit must be on display while on opt' eampuses, 4. Nan -profit organizations trust provide proof of your organization's non-profit status, i,o., letter from the IRS, letter from, the State of Callfornia Board of Equalization, oto• "We Are An Equal Opportunity Prnployer" CERTIFICATE OF COVERAGE 05/07/2019 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 NEWPORT BEACH, CA 92658.6450 BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. PH (949) 766-0271 / FAX (949) 756-2713 LICENSE NO, OC36861 IMPORTANT: If the certiffoste holder Is an ADDITIONAL INSURED and/or requesting a WAIVER OF SUBROGATION, the Memarandums of Coverage must he endorsed. A statement on this certificate does not confer rights to the certificate hoiderin lieu of such endorsement(a). BIG INDEPENDENT CITIES EXCESS POOL MEMBER: CITY OF SANTA ANA ATTN: DE13BIE SCOTT-LEISTRA, INTERIM RISKMANAGER P.O. BOX 1988 SANTAANA, 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) INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OFANY CONTRACTOR OTFIER CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED BY THE MEMORANDUMS D TYPES MEMORANDUM MEMORANDUM MEMORANDUM CO OF OR OR POLICY OR POLICY LTR COVERAGES POLICY NUMBER EFFECTIVE EXPIRES WITH RESPECT TO WHICH THIS EREIN IS SUBJECT TO ALL THE LIMIT $2,000,000 EXCESS LIABILITY BO-05 BODILY I.IMITINCLUSIVE OF INJURY A OCCURRENCE FORM AND $1,0 07/01/2018 07/0112019 P DRE BELSELF-INSUREDRETENTION INCLUDING AUTOMOB DAILE GE GE AND LIABILITY COMBINED COMBINED $1,000,000 BICEP POOL LAYER ESC JPTION OF OPERATIONS/LOCATIONSNEHICLES/RESTRICTIONS/$PECIAL ITEMS: AS RESPECTS SANTA ANA ZOOMOBILE EVENTAT DWYER MIDDLE SCHOOL MAY 14, 2019AND MAY 30, 2019. THERE IS NO SPECIFIC EXCLUSION FOR SEXUAL ABUSEAND MOLESTATION. SUBJECT TO POLICY TERMS, CONDITIONS AND EXCLUSIONS. HUNTINGTON BEACH CITY SCHOOL DISTRICT 8750 DORSETT DRIVE HUNTINGTON BEACH, CA 92646 Me CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED MEMORANDUMS OF COVERAGES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WIL BE DELIVERED IN ACCORDANCE WITH THE MEMORANDUMS OF COVERAGE PROVISIONS. ICO o�Uliant ALLIANT INSURANCE SERVICES, INC. BIG INDEPENDENT CITIES EXCESS POOL (BICEP) JULY 1, 2018 TO DULY 1, 2019 NAMED INSURED MEMBER: City of Santa Ana P.O. Box 1988 Santa Ana, CA 92702 EFFECTIVE DATE: 07/O1/2018 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