HomeMy WebLinkAboutPEOPLE AND TREES, INC. (2)INSURANCE ON FILE N-2019-130
VVORK MAY PROCEED
UNTIL INSURANCE EXPIRES
I
CLERK OF COUNCIL '� I I iT RVIC`I.S-AGREEMEN'I' TO PLANT TREES AT THORTON PARK FOR CANOPY
DArE: JUL 2 2 2010 EXPANSION
This Agreement is made and entered into this 17th day of June, 2019 by and between People
QLSp, 0 and Trees, Inc. ("Consultant") a California corporation with the City of Santa Ana, a charter city and
S lv�P Municipal Corporation organized and existing under the Constitution and laws of the State of
G� s California ("City").
RECITALS
A. Whereas Consultant applied for and obtained a grant from the Social Equity Forest
Improvement Grant Program known as the California Releaf Grant for 2019 for the purpose of planting
140 (15 gallon) trees at City's Thorton Park ("park") for a Canopy Expansion Project ("project").
B. Whereas the parties have agreed to work together on the project with both City and
Consultant assisting with various parts of the project.
C. Whereas Consultant's portion of the project includes the purchase, planting and follow-up
care for the project. This includes the coordination of volunteers to plant the trees at City's park.
D. Whereas City will assist with the project by identifying locations in the park for planting
the trees, storing the trees prior to planting, and maintaining the trees once planted.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to
the terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
A. Consultant's Obligations
Pursuant to the California Relcaf grant received by Consultant, Consultant shall provide 140
(15 gal) trees, stakes, mulch, materials and volunteers to plant trees at City's park located at 1801 West
Segerstrom Avenue, Santa Ana, California 92704, as set forth in more detail in the scope of services
attached hereto, marked as Exhibit A, and incorporated herein. Consultant shall also require any
volunteers assisting with the project to sign a waiver form, approved by the City, in substantially the
same format as the attached Exhibit B.
B. City's Obligations
City will identify the locations within the park for the trees to be planted, store the 140 (I5
gallon) trees prior to planting, provide hand tools for planting, and maintain the trees once planted as
set forth in more detail in the scope of services attached hereto, marked as Exhibit A, and incorporated
herein.
2. COMPENSATION
City agrees to accept services and Consultant agrees to provide services, volunteers, trees and
landscape materials free of charge to the City. This Agreement does not contemplate the payment of
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monies on the part of the City, Consultant shall pay for the trees, stakes, mulch and planting materials
pursuant to the terms of the California Releaf Grant for this project.
This Agreement shall commence on the date stated above and terminate on December 31, 2021,
unless terminated earlier in accordance with Section 12, below.
4, INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent
contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to
create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise
discretion or control over the professional manner in which Consultant performs the services which are
the subject matter of this Agreement; however, the services to be provided by Consultant shall be
provided in a manner consistent with all applicable standards and regulations governing such services.
Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and
similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
5. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and
shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial general
liability insurance which shall include, but not be limited to protection against claims arising from
bodily and personal injury, including death resulting therefrom and damage to property, resulting from
any act or occurrence arising out of Consultant's operations in the performance of this Agreement,
including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than
the following: single limit coverage applying to bodily and personal injury, including death resulting
therefrom, and property damage, in the total amount of $1,000,000 per occurrence, and $2,000,000 in
the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and
representatives as additional insured(s); (b) be primary and not contributory with respect to insurance
or self-insurance programs maintained by the City; and (c) contain standard separation 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. In accordance with California State law, Consultant, if
Consultant has any employees, is required to be insured against liability for worker's compensation or
to undertake self-insurance, Prior to commencing the performance of the work under this Agreement,
Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than
$1,000,000 per accident.
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d. The following requirements apply to the insurance to be provided by Consultant pursuant to
this section:
(i) Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(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.
c. If Consultant fails or refuses to produce or maintain the insurance required by this section or
fails or refuses to furnish the City with required proof that insurance has been procured and is in force
and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement.
Such termination shall not effect Consultant's right to be paid for its time and materials expended prior
to notification of termination. Consultant waives the right to receive compensation and agrees to
indemnify the City for any work performed prior to approval of insurance by the City.
6. INDEMNIFICATION
Consultant agrees to and shall defend, indemnify and hold harmless the City, its officers,
agents, employees, consultants, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the direct or
indirect operations of Consultant or its contractors, subcontractors, agents, employees, or other persons
acting on their behalf which relates to the services described in section 1 of this Agreement; and (2)
from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief
is due by reason of the terms of or effects arising from this Agreement. 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. Consultant further agrees
to indemnify, hold harmless, and pay all 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 terns of, or effects arising
from this Agreement. City may make all reasonable decisions with respect to its representation many
legal proceeding. Notwithstanding the foregoing, to the extent Consultant'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 Consultant.
CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is
reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or
disclose such information except in the performance of this Agreement, and further agrees to exercise
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the same degree of care it uses to protect its own information of like importance, but in no event less
than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential
information includes not only written information, but also information transferred orally, visually,
electronically, or by other means. Confidential information disclosed to either party by any subsidiary
and/or agent of the other panty is covered by this Agreement. The foregoing obligations of non-use
and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available
sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in
rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be
disclosed by operation of law; or (e) is independently developed by the Consultant without reference to
information disclosed by the City.
8. CONFLICT OF INTEREST CLAUSE
Consultant 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 Linder this
Agreement.
9. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall
be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or
certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the manner
provided in this Section, to the following persons:
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
Facsimile: 714-647-6956
Copies to: Parks, Recreation & Community Services Agency
City of Santa Ana
20 Civic Center Plaza (M-23)
Santa Ana, California 92702
Facsimile: 714-571-4221
To Consultant: People and Trees, Inc.
1027 Summit Way
Laguna Beach, CA 92651
Phone: (949) 231-8106
Email: vlad.enrlkknTraiLcorn
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
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by facsimile, 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 excludod.
l0. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or
written, between the parties. In the event of a conflict between, the terns 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 Consultant.
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
Consultant nor 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,
11. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant 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. Nothing in this Agreement shall be
construed to limit the City's ability to have any of the services which are the subject to this Agreement
performed by City personnel or by other contractors retained by City.
12. TERMINATION
This Agreement may be terminated by the City upon seven (7) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination,
subject to the following conditions:
a.. As a condition of such payment, the Executive Director may require Consultant to deliver to the
City all work product completed as of such date, and in such case such work product shall be the property
of"the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as
the City deems appropriate.
b. Payment need not be made for work, which fails to meet the standard of performance specified
in the Recitals of this Agreement.
13, NON-DISCRIMINATION
Consultant shalt not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, age, national origin., ancestry, or disability, as defined and prohibited by applicable
law, in the recruitment, selection, training, utilization, promotion, termination or other employment
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related activities or in connection with any activities under this Agreement. Consultant affirms that it is
an equal opportunity employer and shall comply with all applicable federal, state and local laws and
regulations.
1.4. 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.
15. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and
required by the laws and regulations of the United States, the State of California, the City of Santa Ana
and all other governmental agencies, including without limitation, the California Bureau of Security
and Investigative Services. Consultant shall notify the City immediately and in writing of its inability
to obtain or maintain such permits, licenses, approvals, waivers, and exemptions, Said inability shall
be cause for termination of this Agreement.
16. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herchn below has the power,
authority and right to bind their respective parties to each of the terns 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.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully 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.
ATTEST:
CITY OF SANTA ANA
NORMA MITRE KRISTINE RIDGE
Acting Clerk of the Council City Manager
[Signatures continue on the next page]
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APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: K _ [_ _
LAURA A. ROSSINI
Senior Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Director of Parks, Recreation &
y Services Agency
CONSULTANT:
i
f
ip ! y.,
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EXHIBIT A
SCOPE OF SERVICES
Page 8 of 10
EXHIBIT A
SCOPE OF SERVICES
People and Trees, Inc., in cooperation with the City of Santa Ana, applied for and obtained grant funding
for purchasing, planting and follow-up care for 140 (15 Gal) trees in Thornton Park.
People and Trees, Inc shall:
1) Coordinate all grant requirements and execute any agreements required to perform this work.
2) Purchase 140 (15 gal) trees, 280 stakes, 560 tree ties, mulch, compost, gloves,
refreshments/water and other materials for the volunteer project.
3) Perform soil testing and provide other amendments as recommended by the soil testing report.
4) Contract with a landscape contractor to dig planting holes, cover with plywood and protective
barrier until ready for planting.
5) Solicit and coordinate volunteers for tree planting and follow-up care and have volunteers sign
waiver forms protecting the City and People & Trees from any liability.
6) Instruct and educate volunteers on proper tree planting and care and clean-up site after
planting.
7) Obtain necessary insurance as indicated in agreement.
City shall:
1) Identify planting locations in the park and remove any dead trees.
2) Inspect and accept trees and materials delivered and stored at Centennial Maintenance Yard.
3) Transport trees and material to planting location for volunteers on day of planting.
4) Provide shovels, rake, and wheelbarrows for volunteers.
5) Assist in placing stakes and ties.
6) Set up volunteer registration table.
7) Maintain and water 7.40 newly planted trees
Planting will take several weekends and the follow-up care (inspection, weeding, mulching) will continue
for remaining months of the grant, with volunteers from the schools, college and community,
EXIIIBIT B
WAIVER AND RELEASE OF LIABILITY
Activity or Event: Tree Planting at Thorton Park organized by People and Trees, Inc.
Activity/Event Date(s) and Time(s):
Activity/Event Location(s): Thorton Park, 1801 West Segerstrom Avenue, Santa Ana, California
92704.
This agreement contains a release of liability and an assumption of risk and it waives Important legal rights. IT IS
IMPORTANT THAT YOU READ IT COMPLETELY,
In consideration for being allowed to participate in the above Activity/Event, on behalf of myself and
my next of kin, heirs and representatives, I release from any and all liability and promise not to sue,
the City of Santa Ana, its elected officials, its public officials, employees, volunteers, consultants and
agents (collectively "City"). This release includes claims of the City's negligence, resulting in any
physical or psychological injury, pain, suffering, illness, damages, economic or non -economic loss that
I may surfer because of my participation in this Activity/Event, including travel to and from this
Activity/Event.
I acknowledge that I am voluntarily participating in this Activity, I am aware of the risks associated
with participating in this Activity/Event and traveling to and from this Activity/Event. The risks may
include the personal injury, death, disfigurement, pain, suffering, loss of earnings, psychological
injury, and other potential economic and non -economic damages. I understand that these injuries
could occur as the result of my own or someone else's actions, failure to act, or negligence; conditions
of travel, geographic conditions, or Activity/Event specific risks and conditions. Nevertheless, I
assume all related risks of my participation in this Event/Activity, both known and unknown,
including traveling to and from this Activity/Event.
I agree to hold harmless the City fi•orn all claims, including attorney's fees and costs; damage to my
own personal property; and any other injuries or damages that may occur as a result of my
participation in this Activity/Event. If the City incurs any of these types of expenses, I agree to
reimburse the City. If I need medical treatment, I agree to be financially responsible for any costs
incurred as a result of this treatment. I am aware and understand that I should carry my own health
insurance.
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I am 18 years or older. I understand the consequences of signing this Release of Liability and
Assumption of Risk document, including a release of City from any and all claims for personal
injury and damages; assuming all of the risks associated with participating in this Activity/Event
including travel to and from the Activity/Event; and promising not to sue the City.
I understand that there is the possibility that I may be interviewed, photographed and/or videotaped
during this particular activity, and I hereby allow the City staff to use the photographs, interviews,
and/or video materials for City publicity purposes.
I have read this agreement and understand its contents. I understand that by signing this document, I
am releasing the City of Santa Ana, its elected officials, public officials, employees, consultants,
volunteers, and agents from any and all liability of any kind associated with my participation in this
Activity/Event.
PARTICIPANT SIGNATURE: DATE:
PARTICIPANT PRINT NAME:
If Participant is under 18 years of age:
I am the parent or legal guardian of the Participant. I understand the legal consequences of signing
this Release of Liability and Assumption of Risk document, including a release of City from any
and all claims for personal injury and damages; assuming all of the risks associated with
participating in this Activity/I+,'vent including travel to and from the Activity/Event; and
promising not to sue the City. I allow Participant to participate in this Activity/Event. I understand
that I am responsible for Participant's actions and agree to be bound by the terms of this document.
I have read this document and am signing this freely and without reservation. No other representation
except those contained herein have been made to me.
SIGNATURE OF MINOR PARTICIPANT'S PARENT OR GUARDIAN:
NAME OF MINOR PARTCIPANT'S PARENT OR GUARDIAN:
Page 10 of 10
PEOPANII
CERTIFICATE OF LIABILITY INSURANCE
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),AUTHORIZFD
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
PRODUCER
_MfgwRA.f�S In u S� _
People and Trees, Inc. q- , - -- -, ---- -
1027 Summit Way OVRE:-P-: -------
Laguna Beach, CA 92651 INSURER 9:
E,
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS,
20 Civic Center Plaza
Santa Ana, CA 92701
AUTHORIZEI) REPRESENTATIVE
20116/03} 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
UNITED STATES LIABILITY INSURANCE GROUP
WAYNE, PENNSYLVANIA
endorsement modifies inswanca provided under the following
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
BLANKET ADDITIONAL INSURED ENDORSEMENT
Section II — Who Is An Insured is amended to include as an insured any person, entity or
organization that is:
1. A franchisor under a franchise agreement with the Named Insured as franchisee relating
to "your work"; or
2. A licensor under a license agreement with the Named Insured as licensee relating to
"your work"; or
3. A co-owner with the Named Insured in premises used for "your work"; or
4. A majority owner with a controlling interest in the Named Insured but only with respect
to liability arising out of such owner's (i) financial or operational control of the Named
Insured; or (ii) ownership, maintenance or use of premises leased or occupied by the
Named Insured for purposes of "your work"; or
5. A mortgagee, assignee or receiver of the Named Insured relating to "your work"; or
6. A lessor, or an agent of a lessor, under a lease agreement with the Named Insured as
lessee relating to "your work'; or
7. A grantor of a permit to the Named Insured as permitee relating to "your work".
However, if the grantor of a permit is a federal, state or local government or political
subdivision, there is coverage under this endorsement only for liability arising from:
a. The existence, maintenance, repair, construction, erection or removal of advertising
signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes,
marquees, hoist away openings, sidewalk vaults, street banners or decorations and
similar exposures; or
b. The construction, erection or removal of elevators; or
c. The ownership, maintenance or use of any elevators covered by this insurance; or
8. A lessor of equipment leased to the Named Insured relating to "your work"; or
9. A contributor, benefactor, or supporter who provides financial assistance to the Named
Insured in connection with "your work";
but only to the extent the Named Insured is required to add such person, entity or
organization as an additional insured to this policy under a written contract, written permit or
written agreement relating to "your work".
Such person, entity or organization is an insured only with respect to liability for "bodily
injury", "property damage" or "personal and advertising injury" that is caused, in whole or in
part by your acts or omissions or the acts or omissions of those acting on your behalf in
connection with "your work" while such written contract, written permit or written
agreement is in effect.
v -
L 744 NPP (06-10) page 1 of
EXCLUSIONS
There is no coverage under this endorsement for loss or expense, including but not limited to
the cost of defense for "bodily injury", "property damage" or "personal and advertising
injury":
l . That occurs after all of "your work", including materials, parts or equipment furnished in
connection with "your work" and performed under a written contract, written permit or
written agreement has ended; or
When that portion of "your work" out of which the "bodily injury", "property damage" or
"personal and advertising injury" arises and performed under a written contract, written
permit or written agreement has been put to its intended use by any person(s) or
organization(s);
whichever occurs first.
2. Arising directly or indirectly from construction or demolition operations of any kind
performed by you,
3. Caused or alleged to be caused by the sole negligence of an additional insured under this
endorsement.
4. Arising out of "your work" performed for a federal, state or local government or political
subdivision under a written permit.
S. Included within the `products -completed operations hazard".
CONDITIONS
Coverage provided by this endorsement will be excess over any insurance available to any
additional insured under this endorsement unless a written contract, written permit or written
agreement specifically requires that coverage under this endorsement is primary.
All other terms and conditions of this policy remain unchanged. 'This endorsement is a part of
your policy and takes effect on the effective date of your policy unless another effective date is
shown.
L 744 NPP (06-10)I t Page 2 of 2
http [ w orEl
This e-mail fond attachments, if any) may be subject to the California Public Records Act and as such, may, therefore, be subject to public disclosure
unless otherwise exempt under the Act.
From: Scott-Leistra, Deborah <DScott-Leistra@santa•an i.orE>
Sent: Wednesday, November 7, 2018 3:04 PM
To: Ono, Ron <ROnof«1sa 1ta-ana�org>; Cuevas, Silvia <SCuevas ads nta-ana.or >
Cc: Mitre -Ramirez, Norma <NMitre-RamirezC+a Santa-ana.org>; Rudloff, Lisa <LRu lof_fC�santa•a a org>; Rossini, Laura
<LRossi i sagta-ana.ort>; Quintana, David <D ufntana@santa-ana.q1g>; Lambert, Samantha < Lambert santg
ana.org>; Romero, Francine <f omero sang-ana.cng>; Pham, Steven <SPhamLjantakp a. Lrg>
Subject: People in Trees Agreement
Ron and Sylvia,
Due to the specific nature of this agreement, that the trees are being planted by volunteers of this organization, the City
does not require Workers' Compensation coverage or waivers because they do not apply. Additionally, since the trees
have already been delivered, and the volunteers are driving themselves to the location of planting, the City will not
require auto insurance coverage. The waiver attached to the agreement should be the only information
required. Please let me know if you have any questions. Also, please let the Risk Management staff (Samantha Lambert,
Francine Romero, and me) know, via email, when the dates) of planting will begin and end. Thank you for your
diligence in preparation of this project.
Debbie scott-Letstra
Interim Risk Manager
Weekly Work Schedule: Tuesday, Wednesday & Thursday
Hurnan Resources Department I Risk Management Division
City of Santa Ana 1 20 Civic Center Plaza I Santa Ana, CA 92701
Main Line. 714-647-5470
Direct Line, 714-647-5472
REGISTER TO VOTE AT: hit s: 4yww.ocvote.cLgmZ
CITY ELECTION INFORMATION: httg;JJwww.santa-aaa.o
This email (and attachments, if any) may be subject to the California Public Records Act, and as such, may therefore be subject to public disclosure
unless otherwise exempt under the Act.
CERTIFICATE OF LIABILITY INSURANCE
DA„(M]WDO1"9
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 INSURERS), 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
CalNonprofits Insurance Services
1500 41 at Avenue
Suite 280
C ORTKer-
NAME:
PHONE 831-427-5222 Fac N :831
-OVC-ND-�'
EA1 L-462-8529
s: colleen caNnsurance.o
INSURERS AFFORDING COVERAGE
NAIC4
Capitola CA 95010
INSURER A: United States Liability Insurance Company
25895
INSURED PEOPM'DOt
People and Trees, Inc.
1027 Summit Way
INSURERS:
INSURER C:
Laguna Beach CA 92651
INSURER D:
INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMBER: 93901254 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR AWL SUSIR POLICYEFF POLICYUP LINRS
LTR TYPEOFINSURANCE POLICY NUMBER MMID
A
X
COMMERCIAL GENER�yAW�ABILITY
Y
NSPIS57193A
9/18/2019
9/18/2020
EACH OCCURRENCE
S1,000.000
CLAIMS IADE LJ OCCUR
PREMISES En acwtrelKe
$100,000
MED EXP (Any One Pamon)
55,000
PERSONALBAIWIWURY
$1,000.000
GEN'L AGGRE�GAATTE LIMIT APPLIES PER:
GENERA -AGGREGATE
$1,000,000
POLICY 3E a LOC
PRODUCTS-COMP/OP AGO
$
$
OTHER:
A
AUTOMOSIEUABILIrY
NBP1557193A
9/1812019
9118/2020
COMBINED
MB sent SINGLE LIMIT
$1,000,000
BODILY INJURY(PW pNaon)
$
ANYAUTO
OWNED SCHEDULED
AUTOS ONLY AUTOS
X HIRED X NON-0WNED
AUTOS ONLY AUTOS ONLY
BODILY INJURY(Par au�ent)
$
PROPERTY DAMAGE
Per acddent
$
$
UMBRELLA LMB
OCCUR
EACH OCCURRENCE
$
AGGREGATE
S
EXCESS UIUI
CLAIMS -MADE
DED RETENTIONS
$
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY YIN
ANYPROPRIETORIPARTNEMEXECUTIVE
STAME ERA
E.L EACH ACCIDENT
$
OFFICERIMEMBERD(CLUDEDi ❑
(Mandatory In NH)
NIA
E.L. DISEASE -EA EMPLOYEE
S
E.L. DISEASE -POLICY LIMIT
$
If yes, descnim under
DESCRIPTION OF OPERATI/NSWI.
DESCRIPTION OF OPERATKINS / LOCATIONS I VEHICLE$ (ACORD 101, AdditlonN Remerts SCNatlula. may M aeaMad Hmon spas la rpWred)
The City of Santa Ana, its officers, employees, agents, volunteers and representatives is included as additional insured With respect to the General Liability
terms and conditions regarding liability arising out of the named insured's operations only when required by written contract Per forth BP-145 NPP. Coverage
afforded is primary and noncontributory.
30 days notice of cancellation applies, except 10 day notice of cancellation for non-payment of premium
LIVR""JkE
WED & APPROVE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
MENTDI Vi THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS.
Risk Management Divis20 Civic Center Plaza2 pp�g
4th Floor AUTHORIZED REPRESENTATIVE
Santa Ana CA 92702 �, &,L—
01988-2015 ACORD CORPORATION. All rights reserved,
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
UNITED STATES LIABILITY INSURANCE GROUP
WAYNE, PENNSYLVANIA
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM
BLANKET ADDITIONAL INSURED ENDORSEMENT
Section II — LIABILITY, C., Who Is An Insured is amended to include as an insured any
person, entity or organization that is:
1. A franchisor under a franchise agreement with the Named Insured as franchisee relating
to "your work'; or
2. A licensor under a license agreement with the Named Insured as licensee relating to
"your work"; or
3. A co-owner with the Named Insured in premises used for `your work"; or
4. A majority owner with a controlling interest in the Named Insured but only with respect
to liability arising out of such owner's (i) financial or operational control of the Named
Insured; or (ii) ownership, maintenance or use of premises leased or occupied by the
Named Insured for purposes of `your work'; or
5. A mortgagee, assignee or receiver of the Named Insured relating to `your work"; or
6. A lessor, or an agent of a lessor, under a lease agreement with the Named Insured as
lessee relating to `your work"; or
7. A grantor of a permit to the Named Insured as permitee relating to `your work".
However, if the grantor of a permit is a federal, state or local government or political
subdivision, there is coverage under this endorsement only for liability arising from:
a. The existence, maintenance, repair, construction, erection or removal of advertising
signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes,
marquees, hoist away openings, sidewalk vaults, street banners or decorations and
similar exposures; or
b. The construction, erection or removal of elevators; or
c. The ownership, maintenance or use of any elevators covered by this insurance; or
8. A lessor of equipment leased to the Named Insured relating to `your work"; or
9. A contributor, benefactor, or supporter who provides financial assistance to the Named
Insured in connection with `your work".
but only to the extent the Named Insured is required to add such person, entity or
organization as an additional insured to this policy under a written contract, written permit or
written agreement relating to `your work".
Such person, entity or organization is an insured only with respect to liability for "bodily
injury", "property damage" or "personal and advertising injury" that is caused, in whole or in
part by your acts or omissions or the acts or omissions of those acting on your behalf in
connection with `your work" while such written contractR
t�(ist�(j�
B Risk NA !EPNr DIVISION
BP 145 NPP (06-10) I IN 12 2101197e I of 2
M. LAMBERT
agreement is in effect.
EXCLUSIONS
There is no coverage under this endorsement for loss or expense, including but not limited to
the cost of defense for "bodily injury", "property damage" or "personal and advertising
injury":
1. That occurs after all of "your work", including materials, parts or equipment furnished in
connection with "your work" and performed under a written contract, written permit or
written agreement has ended; or
When that portion of "your work" out of which the "bodily injury", "property damage" or
"personal and advertising injury" arises and performed under a written contract, written
permit or written agreement has been put to its intended use by any person(s) or
organization(s);
whichever occurs first.
2. Arising directly or indirectly from construction or demolition operations of any kind
performed by you.
3. Caused or alleged to be caused by the sole negligence of an additional insured under this
endorsement.
4. Arising out of "your work" performed for a federal, state or local government or political
subdivision under a written permit; or
5. Included within the "products -completed operations hazard".
CONDITIONS
Coverage provided by this endorsement will be excess over any insurance available to any
additional insured under this endorsement unless a written contract, written permit or written
agreement specifically requires that coverage under this endorsement is primary.
All other terms and conditions of this policy remain unchanged. This endorsement is a part of
your policy and takes effect on the effective date of your policy unless another effective date is
shown.
& APPROVED
%GEMENT I)iviSiON
22019
BP 145 NPP (06-10) I -HA M. LAMA