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HomeMy WebLinkAboutORANGE COUNTY CHILDREN'S THERAPEUTIC ARTS CENTER (15)dRANCE.ON Fil_' N-2019-216 �RK PgAY PROCEED LIN1 URA CEEXjIRES C 6Tu �CI� 2Q19 AGREEMENT TO PROVIDE FACE PAINTING SERVICES I FOR THE CITY'S 150Tn ANNIVERSARY CELEBRATION Sv\.ti C' o THIS AGREEMENT is made and entered into on this 9th day of October, 2019 by and between Orange County Children's Therapeutic Arts Center ("Consultant"), 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 desires to retain a consultant having special skill and knowledge in the field of: face painting for the City's 150th Anniversary Celebration on Sunday, October 27, 2019. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. 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 Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. The total amount to be expended for this Agreement shall not exceed $900. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above until October 27, 2019, unless terminated earlier in accordance with Section 15, below. #10017vl 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. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work render 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 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 (e) contain standard separation of insureds provisions. #10017vl b. 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 raider this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. C. 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. d. 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. 7. INDEMNIFICATION Consultant 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 operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its 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. The 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 #10017v1 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 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. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. 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 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 party 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. #10017v1 11. 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 under this Agreement. 12. NON-DISCRIMINATION Consultant 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 employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, 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 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 or the City. Each parry 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 is not embodied herein. 14. 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 consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) 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(s) 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 410017v1 appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. FINGERPRINTS AND BACKGROUND CHECK Provider, and any employees, subcontractors or substitutes, shall arrange for and submit their fingerprints for a criminal background check through the Department of Justice through the City's Human Resources Department process. Consultant shall be responsible for all charges associated with fingerprinting. Consultant shall not perform any services pursuant to this Agreement until clearance is received the Consultant is notified by the City's Community Development Agency. f 1M. i ult 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 the 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. 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties fru-ther agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, pen -nits, 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. 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. 20. 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 fax or other telegraphic communication in the manner provided in this Section, to the following persons: #10017vl 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 Fax: 714- 647-6956 With courtesy copies to: Steven Mendoza, Executive Director, Community Development Agency City of Santa Ana 20 Civic Center Plaza (M-25) P.O. Box 1988 Santa Ana, California 92702 To Consultant: Dr. Ana Jimenez-Hami Executive Director/Founder Orange County Children's Therapeutic Arts Center 2215 N. Broadway Santa Ana, CA 92705 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. 21. 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. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. #10017v1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Daisy Gomez. -/---Clerk of the Council e' APPROVED AS TO FORM: SONIA R. CARVALHO City By: Rya Assi RECOMMENDED FOR APPROVAL: Steven Mendoza, Executive Director Community Development Agency #10017vt CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT: r (�Ujfkf camo Dr. Ana Jimenez -Ham Executive Director/Founder 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 By: Rya Assi RECOMMENDED FOR APPROVAL: Steven Mendoza, Executive Director Community Development Agency #10017vl CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT: T 6�V Dr. Ana J enez-Ham Executive Director/Founder EXHIBIT A SCOPE OF SERVICES OCCTAC will provide face painting services by four face painters throughout the entire duration of the City of Santa Ana's 150fl' Anniversary Celebration on Sunday, October 27, 2019 from 3pm-9pm. OCCTAC will purchase the materials needed and coordinate the face painters. City of Santa Ana will provide two booth spaces, two tables, and four chairs. #10017v1 EXHIBIT B COMPENSATION V1,CHILDREN'S THERAPEUTIC ARTS 2215 N BxoaAwny Santa Ma,C 92706 Phone® 714-547-546g ana6occtac.o�g #1001%VI Invoice 9/10/2019 1DG ACOR& CERTIFICATE OF LIABILITY INSURANCE `i F DATE (MM DDIYYYY) 1 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($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: 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 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 CONTACT Certificate Issuance Team NAME: Comprehensive Insurance Services 26429 Rancho Parkway South PHONE (949) 709-8800 FAX (949) 709-1668 A/C No Ex[: AIC, No: E"MAIL lerem thecom rehensiveinsurance.com ADDRESS: y� p Suite 120 INSURER(S) AFFORDING COVERAGE NAIC# Lake Forest CA 92630 INSURERA: State Compensation Insurance Fund 35076 INSURED INSURER B : Orange County Children's Therapeutic Arts Center INSURER c: 2215 N. Broadway INSURER D INSURER E : Santa Ana CA 92706 INSURER F: COVERAGES CERTIFICATE NUMBER: WC 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 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, INSR LTR TYPE OF INSURANCE AODL INSD SUOR MO POLICY NUMBER POLICY EFF MMIDD/YYYY P LICYEXP MM/DDNYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -WOE PREMISES Ea occurrence $ MED EXP (Any one Person) $ PERSONAL$ ADV INJURY $ GEN'LAGGREGATE LIMITAPPLIES PER: POLICY ❑ PRD ❑ JECT LOC GENERALAGGREGATE $ PRODUCT$ - COMP/OP AGG $ $ OTHER: MOBILELIABILITY COMBINED SINGLE LIMIT Ea accdarlANYAUTOBODILY $ INJURY(Par Person) $ OWNEDSCHEDULED AUTOSONLY AUTOS RAG, BODILY INJURY Per accident ( )HIRED $ NON -OWNED OS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMI DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? (Mandatory in NH) If yes, tlescdbe under DESCRIPTION OF OPERATIONS below NIA 9255171-2019 O6/05/2019 O6/OS/2020 PER OTH- X STATUTE ER L. E.EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE -POLICY LIMIT S 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) The City of Santa Ana, its officers, employees, agents, and representatives. 30 day notice of cancellation with 10 day notice of cancellation for non-payment of premium per policy provision. REVIEWE & APPROVED By Risk MA DEMENT Divi$iON City of Santa Ana Risk Mangement Division 20 Civic Center Plaza 4th FI. Santa Ana LAMBERT CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988.201SACORDCORPORATION A116rchfnru —ri ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD A� H CERTIFICATE OF LIABILITY INSURANCE 0012712019al THIS CERTIFICATE 13 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: U the certificate holder Is an ADDITIONAL INSURED, the policy(ios) 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 CONTACT Certificate Issuance Team NAME: Comprehensive Insurance Services PHONE (949) 70"800 FAX, (949) 709-1668 a AK No 26429 Rancho Parkway South ADORE 39: Al )eranly®Ihacom rehensivelnsurenca.m P cro Suite 120 INSURERSAFFORDING COVERAGE NgICi Lake Forest CA 92630 INSURERA: Nonprofits Insurance Alliance of California 10023 INSURED INSURERS: Orange County Children's Therapeutic Arts Center INSURER C: 2215 N. Broadway INSURER D : INSURER E : Santa Ana CA 92706 INSURERF: COVERAGES CERTIFICATE NUMBER: CL18121803754 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 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. lesR LTA TYPE OF INSURANCE I O WV POLICY NUMBER POLICYEFF MMIODIYWY POLICY E%P MMIDDIYYYY LIMITS X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ® OCCUR EACHOCCURRENCE 3 1.000,000 DAMAGETOREPREM 3 Ee rccunence S 500,000 MED EXP am Mason) $ 20,000 PERSONAL BADV INJURY S 1.000,000 A Y 2018-09201 12/21/2016 12121/2019 GENIAGGREGATE UMITAPPUES PER: POLICY ❑ EMT a LOC GENERALAGGREGATE f 2,000,000 PRODUCTS-COMPIOPAGG f 2,000.000 $0 Deductible f OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea sccMent f 1.000,000 BODILY INJURY (Per mutant f ANYAUTO A OWNED SCHEDULED AUTOS ONLY AUTOS 2018-09201 12121/2019 12/21/2019 BODILY INJURY(Paaaddanl) 3 PROP DAMAGE Win 3 %� AURED I TOS S ONLY X AUTOS ONNOWOWNLY $0 Deductible 3 UMBREU.AUAB OCCUR EACHOCCURRENCE 3 AGGREGATE S EXCESS LIAB CMMSAJADE DEB RETENTION S 3 WORKER$ COMPENSATION AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOflIPARTNEWE%ECUTIVE ❑ OFFICER(MEMBER EXCLUDEDT NIA PERORW EJ-. EACH ACCIDENT $ EL DISEASE - GEMPLOYEE 3 (Mandatory In NH) If yet, dee rele user DESCRIPTION OF OPERATIONS Mt. EL. DISEASE -POLICY LIMIT S A Social Service Professional Liability Improper Sexual Conduct Liability 201 M9201 12/21/2018 12/21/2019 $1,000,00011,000.000 $1,0D0,000/1,000,000 Aggregate/Occur Aggregate/Occurr $0 Deductible DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be atlachMd If mars space Is required) The City of Santa Ana, Its officers, employees, agents, and representatives are included as Additional Insured per attached endomemonl CG2028, 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 By NT DIVISION / v �v •a• SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana FRANCINE R. VILLAREAL ACCORDANCE WITH THE POLICY PROVISIONS. Risk Mangement Division AUTHORIZED REPRESENTATIVE 20 Civic Center Plaza 41h FI '1 Santa Ana CA 92701 01988.2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 2018-09201 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organizations) Any person or organization that you are required to add 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. 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 MANAGEMENTDIVISION SEP 04 2019 '� -yt o o o ,t0L_._. FRANCINE R. VILLAREAL CG 20 26 04 13 © ISO Properties, Inc., 2012 Page 1 of 1 NONPROFITS INSURANCE ALLIANCE Or CALIFORNIA A Nrad for Insomnm A Ncart fur Nonprofits. 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 to add 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 II — 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. NIAC -61 11 17 REVIEWED & APPROVED By Rlsk MANAGEMENT DM5fON S 04 2019 FRANF R. VILLAREAL NONPROFITS INSURANCE ALLIANCE. Or CALIFORNIA A Head jar insurance. A Nvart for Nonprofits. 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(s) has been added as an additional insured or to other insurance described in paragraph b. below. b. 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 1— COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE. (a) 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 insu fIESVIEWEU &APPROVED By RA MANAGEMENT DIVISION NIAC -61 11 17 �]SEP 0 4 tots Pa FRANCINE R. VILLAREAL POLICY NUMBER: 2018-00201 COMMERCIAL GENERAL LIABILITY CG 20 26 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following, COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(a) Or Organlzatlon(s) Any Person or organization that you are required to add as an addltlongIInsured on this poilry under a written contract or agreement currently In effect or brrcomina e—t�a during the form of this Policy The additional Insured statue will not be afforded with raepect to liability arising out of or related to your activities as a real estate manager for that person or organization, Informatlon required to complete this Schedule, If not shown above, will be shown In the Declarations. A. Section N — Who Is An Insured additional Insured the person(s) or organlzation(s) shown In the Schedule, but only with respect to liability for "bodily Injury", "properly damage" or "personal and advertising Injury" caused, In whole or In part, by your acts or omissions or the acts or amlestons 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 Inw; 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. H. 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 ofthe additional Insured Is the amount of Insurance: 1, Required by the contractor agreement; or 2. Available under the applicable Limits of Insurance shown In the Declarations; whichever Is less, This endorsement shell not Increase the applicable Limits of Insurance shown In the Declarations. REVIEWED & APPROVED BY RISK MANAGEMENT DIVISION FRANCINE R. VILLAREAL CG 20 26 0413 a 180 Properties, Inc„2012 Page 1 of 1 NONPROFITS INSURANCE, A4LIANGa OF CAtFpoarr{A A rraad ftr Mamanen A Neart/or NaapafIts, 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 to add 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 II — 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 "personel 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. I 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 Insureds) at the location of the covered operations has been completed; or 2. All work, Including materiels, 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 By Risk MANAGEMENT DIVISION SEP 0 4 2019 FRANCINE R. VILLAREAL NoNpRoFiTs INSURANCE NddANCB DP CALIEOaNIA. A HrodJv Inevranco, it Hearr/or Nonp/a/ar. POLICY NUMBER: 201E.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 t✓ additional Insured(s)' own Insurance, Paragraphs (1) and (2) do not apply to other Insurance to which the additional insured(s) has been added as an additional Insured or to other Insurance described In paragraph b, below. b, 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 promises rented to you or temporarily occupied by you with permission of the owner; (a) 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 arloas 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, (a) Any other Insurance available to an additional Insured(a) under this Endorsement covering liability for damages which are subject to this endorsement and for which the additional Insured(s) has boon 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 additlonal Insured(s) against any "suit" If any other Insurer boo a duty to defend the additional Insurad(s) against that "suit". If no other Insurer defends, we vAll undertake to do so, but we will be entitled to the additlonal Insured(a)' 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 lose, 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. REVIEWED & APPROVED b. Methods of Sharing By Risk MANAGEMENT DIVISION If all of the other Insurance available to the additional Insurad(s) permits contribution by equal EP 0 4 ZQ�g shares, we will follow this method also. Under this approach each Insurer contributes equal amounts until II has paid Its applicable limit of Insurance or none of the loss remains, whichever—r= comes first. FRANCINE R. VILLAREAL If any other the other Insurance available to the additional insured(a) 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 Insurers, All® CERTIFICATE OF LIABILITY INSURANCE DAM YY) 12720�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 INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: 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 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 OOO<AOT Certificate Issuance Team Ni Comprehensive Insurance Services PHONN (949) 709-8800 Np: (949) 709-1666 26429 Rancho Parkway South EatArt jerem rehensive1nsunce.co AODRE59: y� the p rem Suite 120 INSURERISI AFFORDING COVERAGE NAIC9 Lake Forest CA 92630 INSURERA: State Compensation Insurance Fund 35076 INSURED INSURER B Orange County Children's Therapeutic Arts Center INSURER c; 2215 N. Broadway INSURER D : INSURER E: Santa Ana CA 92706 INSURER F: COVERAGES CERTIFICATE NUMBER: WU 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 LTR TYPE OF INSURANCE POLICYNUMBEft POLICY EFF MMIDDIYYYY POLICYEXP MIDDN"Y LIMITS COMMERCIAL GENERAL UABIUTY EACH OCCURRENCE _ 3 CLAIM9-MADE OCCUR PR ISE Saccummca S NED UP one arson S PERSONAL EADV INJURY S GEN'LAGGREGAfE UMITAPPUES PER: GENERALAGGREGATE S PRO. PULIm,0 JECTPRO- ❑ LOU PRODUCTS-COMPIOPAGG S $ OTHER: AUTOMOBILE LIABILITY C BINUED SINGLE LIMIT xi E BODILY INJURY tree, pecan) E ANYAUTO OWNED AUTOSCHEDULED AUTOS ONLY S BODILY INJURY (Per accidmll S PROPERTY DAMAGE Perncrdm,l E HIRED F I NON -OWNED AUTOS ONLY AUTOS ONLY f UMBRELLI LIAR OCCUR EACHGCCURRENCE f AGGREGATE E EXCESS LIAR CLAIM&MADE DED RETENTION E 2 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN IVEXECUTNE ANY PROPRIETOR EXCLUDED? OPFICERIMEMBHI EXauoeDT IMamomryle.ef NIA 9255171-2019 06/05/2019 06/0512020 XPER FORTH. STAT TE ER EL EACH ACCIDENT S 1.000,000 EL DISEASE - EA EMPLOYEE E 1,000,000 NYea,RIPTIONOmer DESCRIPTION OF OPERATIONS holow El. DISEASE -POLICY LIMIT S 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 1D1, Additional Remade Schedule, may M aaachod it more apace Is acquired) The City of Santa Ana, its 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 Risk MANAGEMENT DIVISION SEP 04 City of Santa Ana Risk Mangement Division 20 Civic Center Plaza 4th FI. Santa Ana CA 92701 SHOULD ANY OF THE ABOVE DESCRISEIEPMLXIIEB 96-CANMM THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE W 19B6.2V10 AUUHU CUKHUHAIIUN. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD lam, ��J� t 1"J �. • Fi. 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. By RIIEWM D & APPRI)OV oD Fp 0 4 019 FRANCINE R. VILLAREAL 2215 N. Broadway, Santa Ana, CA 92706, Phone 714-547-5468 www.occtac.ora