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HomeMy WebLinkAboutOC CHILDREN'S THERAPEUTIC ARTS CENTER (3)INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES CLERK 0 COUNCIL N-2019-184 HATE: SEP 2 5 20AWTS AND CULTURE ARTIST GRANT PROGRAM AGREEMENT BETWEEN ® THE CITY OF SANTA ANA AND OC CHILDREN'S THERAPEUTIC ARTS CENTER 0`.c,OA�,o) This Artist Grant Agreement ("Agreement") is made and entered this 20'h day of August, 2019, by '(r� and between 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"), and OC Children's Therapeutic Arts Center ("Grantee") for the purpose of providing grant funding pursuant to the Investing in the Artist Grant Program. City and Grantee may herein individually be referred to as a "Party" and collectively be referred to as the "Parties" to the Agreement. RECITALS: A. On July 18, 2019, the Arts and Culture Commission reviewed all applicants and recommended that Grantee be awarded an artist grant based on its Application for its artwork ("Project"). A true and correct copy of Grantee's Application is attached hereto as Exhibit A and incorporated herein by reference. B. In undertaking the performance pursuant to this Agreement, Grantee represents that it is skilled and knowledgeable in the arts and culture arena and that the Project created or performed hereunder will be created or performed in compliance with such standards as may reasonably be expected from an artist. 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. Term. This Agreement shall be effective upon signature by both Parties and shall expire one year from the date first written above, unless terminated earlier in accordance with this Agreement. 2. Fundina. 2.1. Subject to Grantee's performance of all required actions under this Agreement, City shall provide funding, in two disbursements, as detailed below, of an amount not to exceed Seven Thousand Dollars ($7,000.00) ("Grant Amount" or "Grant"). 2.2. Grantee will be paid in two (2) installments. First payment will be one-half of the funding amount provided above or $3,500.00 and will be provided within thirty (30) days of the full execution of the Agreement by the parties along with a complete invoice submitted by Grantee. The second and final payment will include the remaining amount of $3,500.00 and will be issued within thirty (30) days after the Grantee submits to the City all the proper receipts, invoices and final report for the Project. 2.3. Appropriate performance of the Grantee will be determined by City in its sole discretion. City reserves the right to cease funding after the first disbursement detailed above, and to be reimbursed the initial payment, if Grantee's performance is determined to be insufficient or unacceptable in the City's sole discretion. 2.3. City represents that there is no correlation or connection between its selection of institutions or organizations for grant awards and an institution or organization's business relationship or potential business relationship with City. 3. Grant Activities. Grantee agrees: #2660v2 3.1. To perform the activities described in the Grant Application and Timeline submitted to City for consideration dated May 31, 2019, a copy of which is attached as Exhibit A and incorporated into this Agreement as if set out in full. 3.2. To submit all reports (each, a "Report"), which shall include, at a minimum, the items set forth as required by the Application. No personally identifiable information shall be included in any of the Reports, except where specifically requested. The Reports shall be in a format that is reasonably acceptable to City. City may request additional information as City, in its sole discretion, determines is necessary to monitor performance of this Agreement. City shall have the right to use any Reports submitted by Grantee, or any portion thereof, for any reason. 3.3. Grantee shall maintain all pertinent financial and accounting records pertaining to this Agreement in accordance with generally accepted accounting principles and other procedures reasonably specified by City. Upon termination or expiration of this Agreement or request by City, Grantee shall provide, at its expense, copies of all financial and accounting records produced by it arising out of this Agreement. 3.4. Grantee shall allow audits, compliance or special reviews and inspections, including on -site inspection, with or without prior notice, of Grantee's facilities by City or by third parties designated by City, or their authorized representatives. Grantee shall provide its full cooperation for any such audit, review or inspection, including providing timely access, for examination and copying of records (including computerized records) pertinent books, documents, papers, computer programs and records and reasonable access to its personnel. 3.5. Grantee shall ensure that any areas utilized for the Project are maintained and restored to a well -maintained, safe, sanitary, and clean condition, and kept free of any hazardous waste at all times. All equipment associated with the installation of the artwork, trash and debris shall be removed and cleaned up on a daily basis. Grantee shall place a drop cloth or similar barrier on the ground below the artwork while installation is underway, which barrier shall be removed each day upon completion of an installation session. 3.6. The Project may not contain advertising, religious art, sexual content, negative or violent imagery, convey political partisanship or include any hidden, subliminal or camouflaged messages or statements of any kind or nature. Appropriateness of the content of the Project will be determined by City in its sole discretion. 3.7. The Project may not include any breach of intellectual property, trademarks, brands, or images of illegal activity, and the Grantee must be the copyright holder for the Project. 4. Termination. 4.1. City may immediately terminate this Agreement upon one or more of the following: 4.1.1. Grantee's violation of any federal, state or local law or regulation. 4.1.2. Grantee's breach of any of the terms or conditions of this Agreement, including the Application and Timeline, or any unapproved deviation from said documents that has not been cured within 30 days of written notice of such breach. 4.2. In the event the Agreement is terminated under Section 4.1, City reserves the right to require Grantee to refund any or all grant funds awarded to Grantee under this Agreement, and Grantee agrees to refund to City any or all grant funds awarded under this Agreement. #2660v2 :M-Rml rl • I . IWI 1111f1 5.1. IN NO EVENT SHALL CITY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXPENSES FOR ANY NEGLIGENCE, BREACH OF CONTRACT OR ANY OTHER ACT ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIVITIES COVERED HEREUNDER. 5.2. Section 5 and Section 6 do not limit Grantee's rights, including its ability to seek recovery, against anyone other than City, its directors, officers, employees, agents, successors and assigns. 6. Indemnification. 6.1. Grantee shall defend, indemnify, protect and hold harmless the City, and its elected and appointed officers, employees, members or agents from and against all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of or alleged by third parties to be the result of the negligent acts, errors or omissions or the willful misconduct of the Grantee, and Grantee's employees, subcontractors or other persons, agencies or firms for whom Grantee is legally responsible in connection with the execution of the work covered by this Agreement. Grantee shall have no duty to indemnify or hold harmless the City if claims, damages, liability, costs, expenses (including without limitation, attorney's fees) arise from the sole negligence or sole willful misconduct of the City subsequent to declaration by the Grantee. Grantee's obligations shall survive the termination of this Agreement. 6.2. Grantee agrees to hereby fully release and forever discharge the City from any and all claims, demands, damages, losses, and liabilities (hereinafter collectively referred to as "claims"), which are or may be related to or in any way connected with the negligence or willful misconduct of its officers, officials, employees, or agents in connection with the creation, painting, performance or installation of the Project hereunder. 6.3. Grantee further agrees that City may in good faith and on reasonable terms settle any such claims and that City's right to indemnification shall extend to any such settlement, provided City has given notice of such claim and its intent to settle. City's right to indemnification is in addition to, and may be exercised independently of, any remedy held by City under this Agreement, at law or in equity. The indemnity provision set forth in this Agreement shall survive the termination or expiration of this Agreement indefinitely. 7. Insurance 7.1 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 naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and 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 #2660v2 damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, 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 the provisions of Section 3700 of the Labor Code, 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. 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 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. iv. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. V. Consultant shall supply City with a fully executed additional insured endorsement. e. 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 affect 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. 8. General Provisions. 8.1. Grantee shall acquire prior written permission from City for any use of the City name or logo in association with its Project. 8.2. If any parts of this Agreement are held to be invalid or unenforceable, the remaining parts of the Agreement shall continue to be valid and enforceable. #2660v2 8.3. Grantee shall comply with all governmental requirements that may now or in the future become applicable to its activities under this Agreement. 8.4. This Agreement, including Exhibit A, Application, and any amendments or schedules hereto, contain the full understanding and agreement of the Parties with respect to its subject matter, and no waiver, alteration or modification of any of the provisions to this Agreement shall be binding unless in writing and signed by an authorized officer of both Parties. 8.5. No waiver by either Party or any breach, default, or series of breaches or defaults, and no failure, refusal, or neglect of either Party to exercise any right, power, or option given to it under this Agreement or to insist upon strict compliance with the terms of this Agreement shall constitute a waiver of these provisions with respect to any subsequent breach or waiver by either Party or its right at any time thereafter to require exact and strict compliance with provisions of this Agreement. 8.6. Any notice or other communication required or permitted to be made or given by either Party pursuant to this Agreement will be in writing and will be deemed to have been duly given: (i) five (5) business days after the date of mailing if sent by registered or certified U.S. mail, postage prepaid, with return receipt requested; (ii) when transmitted if sent by facsimile, provided a confirmation of transmission is produced by the sending machine; or (iii) when delivered if delivered personally or sent by express courier service. All notices to City shall include a reference to the Project title. All notices will be sent to the other Party at its address as set forth below or at such other address as such Party will have specified in a notice given in accordance with this section: Grantee: 22A ok City: City of Santa Ana Clerk of the Council (M-30) 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 FAX (714) 647-6956 8.7. This Agreement is subject to all applicable local, State and Federal laws. 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. 8.8. Grantee agrees to comply with all applicable equal opportunity and affirmative action laws as appropriate, Grantee shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other #2660v2 employment related activities. Grantee affirms that it is an equal opportunity employer (if applicable) and shall comply with all applicable federal, state and local laws and regulations. 8.9. Any funds provided under this Agreement that are not expended, obligated or otherwise committed by the termination or expiration of this Agreement shall be immediately returned to City. 8.10. Grantee grants to City a non-exclusive, irrevocable, transferable, royalty free, worldwide license to use, reproduce, display, distribute, and prepare derivative works, in any form or media at the discretion of the City for the Project conceived, performed or created as a result of this Agreement. 8.11. Grantee and any of the Grantee's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of the City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, work's compensation benefits, injury leave or other leave benefits. 8.12. Neither Party shall assign any rights or obligations under this Agreement. 8.13. Each Party covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 8.14. Each Party warrants that they have executed this Agreement knowingly, freely and voluntarily and with full knowledge of its legal consequences. All parties involved warrant and represent that, prior to executing this Agreement, each Party has had the opportunity to review and consider this matter with legal counsel, and that the terms of this Agreement, and its consequences, are fully understood by each Party. 8.15. This Agreement represents the entire agreement and understanding between the parties, and supersedes any and all prior agreements and understandings between the parties, whether oral or written. 8.16. 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. #2660v2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO CITY OF SANTA ANA KRISTINE RIDGE City Manager GRANTEE: HODGE Nam Attorney Title: Da RECOMMENDED FOR APPROVAL: STEVEN A. MENDOZA Executive Director Community Development Agency #2660v2 EXHIBIT A INVESTING IN THE ARTS GRANT PROGRAM APPLICATION Eii'I17�I�Ya Orange County Children's Therapeutic ARTS Center "Mental Health Stigma Reduction" Art Workshops INVESTING IN THE ARTIST LINE ITEM BUDGET PROPOSED GRANT FUNDED PROGRAMMING SERVICES PERSONNEL Description of Personnel (Instructors, lecturer honorarium, artist stipend, etc.) Total Cost Grant Funds Requested Contracted Instructors for 5 months of instruction $6,451 $3,950 Teaching Artist Stipend for The Art Walk $550 $250 Curriculum Development $1,850 $950 Administrative Cost $1,700 $450 TOTAL $10,551 $5,600 EQUIPMENT, MATERIALS, AND SUPPLIES Item (equipment, materials, supplies) Quantity Unit Cost Total Cost Grant Funds Requested Art Supplies for Workshops 250 $15 $3,550 $1,300 Equipment for Art Exhibit 10 $25 $250 $100 TOTAL $3,800 $1,400 City of Santa Ana, Community Development Agency 20 Civic Center Plaza, M-25, Santa Ana, CA 92701 (714) 647-5360 Orange County Children's Therapeutic ARTS Center "Mental Health Stigma Reduction" Art Workshops INVESTING IN THE ARTIST LINE ITEM BUDGET PROPOSED PROGRAM BUDGET PROPOSAL Enter budget categories and projected expenditures for the proposed program: Category Expenditures Funded By Santa Ana Grant Expenditures Funded By Other Sources (Including in - kind) Total Program Budget Administrative Staff Salaries and Benefits $5,600 $103,500 $103,500 Equipment, Material, Supplies $1,300 $5,000 $5,758 Special Events Production $100 $10,000 $11,000 TOTAL $7,000 $256,500 $262,530 PROGRAM REVENUE LIST ALL OTHER PROGRAM RESOURCES "Funding Source" total must equal "Total Program Budget" listed above. FUNDING SOURCE AMOUNT Santa Ana Artist Grant $ 7,000 Foundations / Corporations $56,000 Fundraising Events $21,000 Private Donations $50,000 Program Fees $129,500 TOTAL PROGRAM BUDGET $263,500 City of Santa Ana, Community Development Agency 20 Civic Center Plaza, M-25, Santa Ana, CA 92701 (714) 647-5360 Investing In The Artist Grant 2019 OC Children's Therapeutic Arts Center — Project Timeline Planning meeting with the Corbin Family Resource Center September 1st Curriculum Development (Bilingual) September— 2nd through 6m Professional development for Teaching Artists During the week of September 9t` 2019, the chosen teaching artists will get a 4-hour PD session specific to the lesson plans prepared for the Corbin FRC. Materials Purchase Week of September 2nd, 2019 Workshop Dates OCCTAC will conduct each day (2) 1.5hrs. sessions for the Corbin FRC community on the following dates: September-13tn 20tn 27tn October —4tn 111118th 25tn November —V 8tn 15tn 22nd December —6tn 13tn 20tn January 2020 —10tn 17tn 24th, 31" Culminating Exhibition during the Santa Ana Art Walk February 1't, 2020. The participants will be invited to attend and share insight about their works of art and process with the community at large. CERTIFICATE OF LIABILITY INSURANCE DATE,MMIDDIYYYYI 08/27/2019 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 cnrtifZ O holder fs an ADDITIONAL. INSURED, the polioy(ins) must have AtTI)I IONAL INSURED provision% or be endorsed, mm� 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 Comprehensive Insurance Services _ CONTACT NAME; (;efli(iCate IsEuanco TOar1)�®�^ ___ PH )Fr— x _ (9,19) 709-8800 Y_ T � FAXNo. (949) 709-1608 r __�� �NfAIP u 26429 Rancho Parkway South eroP r theCOin Jrolwnsivoinsurance.com ADORL 1. 1- 1Y.rl t m �___ INgURFFF�It(yI APPENDING COVERAGE MAICkv Suite 120 Lake Forest CA 92630 INBURERA_Nonprofits Insurance Alliance of California 10023 INSURED_._®.�.�,�._�......_�..._.., INSURER 6: �•61-�� Grange County Chlldrods Therapeutic Arts Center --_-�uu�4 — ® INSURER C: _ INSURER 0: 2215 N. Broadway INSURER E: r—` �p E INSURERF� Santa Ana CA 92706 COVERAGES CERTIFICATE NUMBER: CLI8121803754 REVISION NUMBER: THIS IS TO CERTIFY THATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTHE POLICYPERIOD INDICATEO. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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. TNek LTR -- _TYPE OF INSURANCE 1Mt Aso SUB W�4'E POLICYNUMBER pOCICYEFF (.MMIppIYYYV MM1pplYVYY LIMITS___ COMMERCIALGENERALLIAIRILITY JI CLAIMS -MADE ®OCCUR EACHOCCURRENCE $ 1,000,000 PREMISES fEn accurronael s $ 500.000_- MED EXP (Anv, one Pereonl $ 20,000 PERSONAL& ACV INJURY $ 1,000,000 A Y 2018-09201 12/21/2018 1212112019 GENILAGGREGATELIMITAPPLIES PER: POLICY PRO /� C� LOC (�f JEGt GENERAL AGGREGATE $ 2,000,000�� PRODUCTS - COMPIOP AGO $ 2,000,000� $0 Deductible g .] OTHER:_ _ Y ® _ AUTOMOBILE _ _ LIABILITY COMBINED SINGLE LIMIT j_Ea arrJrlenl $ 1.000,000 BODILY INJURY (Par aerxon) $ ANYAUTO A OWNED I NON -OWNED AUTOS ONLY AUTOS AUTO vv AUTOS ONLY AUTOS ONLY +^� AUTOS ONLY 2016-09201T 12)21(2018 12f21/2019 6oUILY INJLRY(Poruwldnn0 $$ PROPERTY DAMACB {gu`a,xlitpntL JII $0 Deductible $ m _ UMBRELLALIAD OCCUR EACH OCCURRENCE $ _ EXCESS LAB CLAIMS -MADE AGGfFGArE - ..._._ a _ CEO LRErENTION $ _..�..�....... WORKERS COMPENSATION AND EMPLOYERSLIABILITY YIN ANY PROPRIETORIPARTNEWEXEGU NVE j- �ij OFFICER/MEMBER E%CLUUEDR (. I NIA �.®�._... _-... FL EACH ACCIDENT _. $ (Mandatory In NHL, EL.DISEASE EAEMPLOYEE $ II yes, dnscrlbe under DESCRIPTION OF OPERATIONS below v EI_DISEASE- POLICY LIMIT $ A Social Service Professional Liability Improper Sexual Conduct Liability _m 2018-09201 � 12121/2018 L -. 12.(21/2019 $1,000,OOC/1,000,000 $1,000,000/1,000,000 AggregatetOccurr Aggregate/Occurr ..._.._- $0 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (AC OR 101, Add llloneI Ramrrkn Schedule, ,nay bo attached it mom apace Is rnquhed) The City of Santa Ana, its officers, employees, agents, and reprosentatives are included as Additional Insured per attached endorsement CG2026. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds per attached endorsement NIAC E61- 30 day notice of cancellation with 10 day notice of cancellation for non-payment of premium per policy provision. REVIEWED & APPROVED �rL p SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Or Santa Ana FryANCIA1$-$Y. VILLARE L1 ACCORDANCE WITH THE POLICY PROVISIONS. Risk Management Division IStil `r tlC ti Y R( tlL AUTHORIZED REPRESENTATIVE 20 Civic Center Plaza 4fh FI Santa Ana CA 92701 n ICIRR.9n15 ACORn CORPORATtn N. All rinhta rnanr ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 2015-09201 COMMERCIAL, GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. i 'k I I , IN - 0 W I 16104101101 „ • I ! 1 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) _.._.....W.__..__.__. Aily.pprson or o aanlxaGon that you arc r uired to add as an additional insured on this t ©Nqy, undor a written contract ora, rent irronU�ry afLogt nrlaocarnine etfectiue tlurfn_g_the term of_tI- s�nlic . The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization. Information required to complete this Schedule, if not shown above, will be shown in the Declarations_ A. Section II -- Who Is An Insured additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional Insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance, 1. Required by the contract or agreement, or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. REVIEWED & APPROVED By Risk MANAGEMENT EIMSION CG 20 26 04 13 © ISO Properties, Inc.. 2012 Page 1 of 1 owl NONPROFITS INSURANCE MErU.r1ANCI OI' CALIF011NIA A HeaAjar insurance. AHeart fnr NooyraJRs. POLICY NUMBER: 2018-09201 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT FOR PUBLIC ENTITIES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person -or -organization that you are required toadd -as-an-additional insured on this policy, under a written contract or agreement currently In effect or becoming effective during the term of this policy, in consideration of food contribution or client referrals you receive from them. (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section 11 —Who Is An Insured Is amended to include any public entity as an additional insured for whom you are performing operations, who may be named in the schedule above, when you have agreed in a written contract or written agreement that such public entity be added as an additional insured(s) on your policy, but only with respect to liability for "bodily injury', 'property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your negligent acts or omissions; or 2. The negligent acts or omissions of those acting on your behalf; in the performance of your ongoing operations. No such public entity is an additional insured for liability arising out of the 'products -completed operations hazard" or for liability arising out of the sole negligence of that public entity, B. With respect to the insurance afforded to these additional insured(s), the following additional exclusions apply. This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional Insured(s) at the location of the covered operations has been completed, or C. The following is added to SECTION III — LIMITS OF INSURANCE: The limits of insurance applicable to the additional insured(s) are those specified in the written contract between you and the additional insured(s), or the limits available under this policy, whichever are less, These limits are part of and not in addition to the limits of insurance under this policy. REVIEWED & APPROVED 8y Risk MAN:9fEMFNT Gi1VIStON P 0 4 2019 NIAC -61 11 17 NONPROFITS INSURANCE AIAIAWAI Oil CALIFORNIA A Herd far Insurance. A Ncmt for Nov profits. POLICY NUMBER: 2018-09201 D. A. With respect to the insurance provided to the additional insured(s), Condition 4. Other Insurance of SECTION IV — COMMERCIAL, GENERAL LIABILITY CONDITIONS is replaced by the following: 4. Other Insurance a. Primary Insurance This insurance is primary if you have agreed in a written contract or written agreement: (1) That this Insurance be primary, If other insurance is also primary, we will share with all that other insurance as described in c. below; or (2) The coverage afforded by this insurance is primary and non-contributory with the additional insured(s)' own insurance. Paragraphs (1) and (2) do not apply to other insurance to which the additional insured($) has been added as an additional insured or to other insurance described in paragraph b. below. It. Excess Insurance This insurance is excess over: 1. Any of the other insurance, whether primary, excess, contingent or on any other basis. (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work' (b) That is fire, lightning, or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner, (c) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises temporarily occupied by you with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g, of SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE. (e) Any other insurance available to an additional insured(s) under this Endorsement covering liability for damages which are subject to this endorsement and for which the additional insured(s) has been added as an additional insured by that other insurance. (1) When this insurance is excess, we will have no duty under Coverages A or B to defend the additional Insured(s) against any "suit" if any other insurer has a duty to defend the additional insured(s) against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured(s)' rights against all those other insurers. (2) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance, and (b) (a) The total of all deductible and self -insured amounts under all that other insurance. (3) We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. b. Methods of Sharing If all of the other insurance available to the additional insured(s) permits contribution by equal shares, we will follow this method also Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first If any other the other insurance available to the additional insured(s) does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all ins u [�N1EWED & APPROVED By frisk MANAQEMFNr DivisiON NIAC -61 11 17 �SEP 04 2019 �+ Paco jB.,+a FRANCINE R. VILLA7�ffd��FAL'+ a POLICY NUMBER: 2018-00201 COMMERCIAL GENERAL LIABILITY CG 20 25 0413 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREPULL,Y, This endorsement modifies insurance provlded under line following, COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Addltlonal Insuracl Poraon(s) Or Organlzotlon(s) I r-nalicy. The additional Insured statue will not be afforded with respect or related to your activities as a rapl estate manager for that person or Information required to eompleto tills Schsduls, If not shown sleeve, will be Shown In kilo Oeclaretlons. A, Section II — Who la An Insured additlonal Insured the porson(s) or organlzatlon(s) shown In the Schedule, but only with respect to liabllity for "bodily Injury', "property damage" or "personal and advertising Injury" caused, In whole or in port, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performande of your ongoing operatlons; or 2, In connsctlon with your premlabs owned by or rented to you. However 1, The Insurance afforded to such additional Insured only applies to the extent perrrifited by law; and 2. 11 coverage provided to the additional Insured Is required by a contract or agreement, the Insurance afforded to such additional Insured will not be broader than that which you are required by the contract or agreement to provide for such additional Insured, 8, With respect to the Insurance affordod to these additional Insureds, the following Is added to Section III —Limits Of Insurance; If coverage provided to the additional Insured Is required by a contract or agreement, the most we will pay on behalf of the additional insured la the amount of Insurance: 1, Required by the oontroen or agraement, or 2, Available under the applicable Units of Insurance shown In the Dedcrstlons; whichever Is less, This endorsement shall not Increase the applicable Units of Insurance shown In the Declarations, REVIEWED & APPROVED By Risk MANAGEMENT DivisiON CG 20 26 04 13 0180 Properties, Inc., 2012 Page 1 of 1 NiJMYROVITS INSURANCE hcEryace c>t� CAr.�pnNtn A r(¢�d /ar Inrurannc, A Naurt jar Nunp.n/Ilt. POLICY NUMBER: 2018-09201 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY, ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT' FOR PUBLIC ENTITIES fhle endorsement niodlflaa Insuranc6 provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name r}Y Perart-or( ?rguniaEfn Any person or organization that you are required to add as an additional insured on th(s policy under a written contract or agreement currently in effect or b000 nIng effective during Rho farm of this pollcy, In consideration of food contribution or client referrals you receive from them, (Information required to complete this Sohedulo, If not shown above, will be shown In the Declarations,) A. Section It — Who Is An Inatarod is amended to Include any public entity as an additional Insured for whom you are performing operations, who may be named In the schedule above, when you have agreed In a written contract or written agreement that such public entity be added as an additional Insured(a) on your poiloy, but only with respect tc liability for "bodily Injury", "property damage" or "personal and advertising Injure" cnuaad, In whole or in part, by, 1. Your negligent acts or omissions; or 2. The negligent acts or omissions of those acting on your behalf; in the performance of your ongoing operations, No such public, entity Is an additional insured for liability arising out of the "products�comploted operations hazard" or for liability arising out of the sole negligence of that public entity. S. With respect to the Insurance affordad to these additional Insured(,,), the following additional axclualons apply, This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, Including matorlals, parts or equipment furnished in conneotlon with such work, on the project (other than service, maintenance or ropairs) to be performed by or on behalf of the additional insured(a) at the location of the covered operations has been completed, or 2. All work, Including Inoterlals, parts or equipment furnished In connection with suoh work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insurod(s) at the location of the covered operations has been completed; or C. The following Is added to SECTION III — LIMITS OF INSURANCE: The Ilmits of Insurance applicable to the additional Inaured(s) are those specified in the written contract bolween you and the additional insured(s), or the Ilmits available under this policy, whichever are less. These limits are part of and not In addition to the limits of insurance under this policy, REVIEWED & APPROVED By Risl< MANAaEiMENT DivisioN- SEP 0 4 2019 L RANCINE R. VILLAREAL NONPROFITS INSURANCE At,IJANOEOP1 AWPORNIA. AWaA/ar tnSurdneC. A MenrP/dr NonprpJlir, POLICY NUMBER: 2018-09201 D. A. With respect to the Insummoo provided to the additional Innwed(s), Condition a, Other Insurmnas of SECTION IV — COMMERCIAL, GENERAL. t.IABILITY CONDITIONS is replaced by the following; k. Other insurance a. Primary Insurance This Insurance Is primary If you have agreed In a written contract or written agreement; (1) That this Insurance be prirnai'y, if other insurance is also primary, we will share with all that other Insurance as desodbed In c, below; or (2) The coverage affordod by this Insurance Is primary and non-contributory with the additional Insured(sy own Insurance, Paragraphs (1) and (2) do not apply to other Insurance to which the additional insured(s) has been added as an additionalinsuredor to other Insurance doseribod In paragraph b, below, b,Excess Insurance This Insurance is excess over; 1 Any of the other Insuranco, whether primary, excess, contingent or on any other basis: (a) That Is Fire, Extended Cov®raga, Builder's Fisk, Installation Risk or similar coverage for "year work"; (b)'That to fire, lightning. or explosion Insurance for promises rented to you or ternporarliy occupied by you with permission of the owner; (a) That Is insurance purchased by you to cover your liability as a tenant far "property damage" to promises temporarily Occuplod by you with permission of the owner; or (d) If the loss arlsos out of the maintenance or use of aircraft, "autos" or wateroraft to the extent not subject to Exclusion g, of SECTION I -- COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE, (o) Any other Insurance available to an additional Insurod(a) under this Endorsctnent covering liability for detrtogos which are subject to Into endorsernent and for which the additional Insured(s) has boon added bean addlflonel Insured by that other Insuranco, (1) When this Insurance is excess, we will have no ditty under Coverage,,,, A or B to defend the additional Inaured(s) againsf any "suit" If any other 10SUrOr has a duty to defend the additional Insurod(s) against that "suit If no Other Insurer defdrds, we will undertake to do so, but we will be entitled to the additional insured(s)' rights against all those other Insurers. (2) When this Insurance Is excess over other Insurance, we will pay only our share of the amount of the loss, If any, that exceeds the sum of, (a) The total amount that all such Other Insurance would pay for the loss in the absence of this Insurance; and (b) (a) The total of all deductible and self -Insured amounts under all that other Insurance. (3) We will share the remaining loss, If any, with any other Insuranco that is not described in this Excess Insurance provision and wits not bought specincetlly to apply in excess of the Un11t8 Of Insurance shown In the Decialedons of this Coverage Part. REVIEWED & APPROVED b, Methods of Sharing By Risk MANAGEMENT DiVISiO N If all of the other Insuranco available to the additional lusurad(s) permits contribution by equal SEP 04 2O19 shares, we will follow this method also. Under this approach each Insurer contributes equal r"� amounts until 1I has paid Its applicable limit of Insurance or none of itto loss rornains, whichever --- � � i comes first FRANCI�IE R. Vf�L!~<REAi It any other the other Insurance available to the addlllonal insured(s) does not permit contribution by equal shares, we will contribute by Ilrnits. Under this method, soon Insufor's share is based on the fatlo of Re applicable limit of Insurance to the total applicable Ilrnits of Insurance of all Insurers, rd� CERTIFICATE OF LIABILITY INSURANCE DATE (MMinq/YYYY) j 08/27/20t9 I THIS CERTIFICATE IB 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 TI4E CERTIFICATE HOLDER. 7 MPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed, If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain polleles may require an endorsement. A statement on this cortificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER _ NAME: Certificate Issuance Team Comprehensive Insurance Services _ PHONE (949) 709-6800 FA�(9Q9) 709-1668 INC No' Ertl. AIC No . 26429 Rancho Parkway South _ _ E'M IL ADDRESS; y�Ihocem jerem rehensiveinsurance,com P _ m INSURER S AFFORDING COVERAGE NAIC k Suite 120 Lake Forest CA 92630 INSURER A: Stale Compensation Insurance Fund 35076 INSURED INSURER a: Orange County Chlldren's Therapeutic Ads Center INSURER INSURER B: ._�..��.._..v.�s®•�' 2215 N. Broadway INSURER E: _ _ Santa Ana CA 92706 COVERAGES CERTIFICATE NUMBER: WC REVISION NUMBER: THIS IS TO CERTIFY THATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDA13OVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OFANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PEREAIN, THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, .EXCLUSIONS AND. CONDITIONS. OF. SUCH POLICIES_. LIMITS SHOWN MAY HAVE. BEEN. REDUCED. BY. PAID CLAIMS. INTR TYPE OF INSURANCE DBI Mp BUTTA VLVq POLICYNUMHER 'G YEFF MAilOgIYYYYI PULICYEXP fMM1DDttYYY1 LIMITS COMMERCIAL GENERAL LIABILITYvy —11 I I CLAIMS -MADE 4__J OCCUR EAOI I OCCURRENCE �w _ $ A A RP EMfI5E51Ea aacurrencal Ei MED EX?(AnXonopersnn 5 PERSONAL a ADV INJURY $ GENERALAGGREGATE ---- _ g GENT AGORE4;A# G LIMIT APPLIES PER: policy ClP[CT LOC _ PRODUCTS - COMPIOP AGO .6 AUTOMOBILE LIABILITY CObiliff SIR1GLELIMIT E.l Ildd dM g���� BODILY INJURY (Per parson) It ANYAUTO OWNED SCHEDULED AUTOS ONLY _ AUTO 9 BODILY INJURY(For accidem) $ PRtfl pE#i#Y 1)AM9iiF P r mradenl � $' HIRED NON -OWNED AUTOS ONLY AUTOS ONLY _ $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ _ AGGREGATE _ $ �w —^— EXCESS LIAB CLAIMS -MADE _.._ T �y A RED RETEN110N $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNERIEXECUUVE OPFICERIMEMBER EXCLUDEDP (MandalaryinNH) NIA )� 9255171-2019 O6/05/2019 O6l0512D20 __ X vTA y?F_ FfiH EL EcgI-IACGIO ENT $ 1,000,000� -.-- EL DISEASEEAEMPLOYEE - g 1-0001000 If,os, deecrm. mmsr DESCRIPTION OF OPERATIONS onto, E.L.. DISEASE -POLICY LIMIr $ 1,000,000 ®.._.1_..�._ _ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Addolanal Romorks Schedule, may be attached if morn space Is required) The City of Santa Ana, !Is officers, employees, agents, and representatives. 30 day notice of cancellation with 10 day notice of cancellation for non-payment of premium per policy provision. REVIEWED & APPROVED By RiSI( MANAGEMENT DIVISION _>sspp.,_0. City of Santa Ana Risk Mangement Division 20 Civic Center Plaza 41h FI. Santa Ana CA 92701 SHOULD ANY OF THE ABOVE DESCRIBEDIFFOI IGUED d6-DANCCL4: THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE tc) 19U8,2U15 ACUKD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Re: Artist Grant Vehicle Insurance — Dear Arts and Culture Office - The OC Children's Therapeutic Arts Center does not own nor will operate a Company Car during the Artist's Grant performance period from 8/20/19 to 8/19/2020. Carlos Beltran Arechiga Director of Arts Education OC Children's Therapeutic Arts Center, REVIEWED & APPROVED By Risk MANAGr.mc.Ni DjVlSj()N 04 FRANCINE R. VILLAREAL 2215 N. Broadway, Santa Ana, CA 92706, Phone 714-547-5468 www,occtac.org