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DISCOVERY SCIENCE CENTER OF ORANGE COUNTY (3)
®�otio A-2020-181-02 9-1 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND DISCOVERY SCIENCE CENTER OF ORANGE COUNTY FOR THE SANTA ANA CARES MUSEUM ECONOMIC STABILIZATION GRANT PROGRAM Q ; C (0 )(S91"-a\1oEw",6) FA This Agreement is hereby made and entered into this 4w day of December, 2020, by 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 Discovery Science Center of Orange County, a California 501(c)(3) non-profit corporation ("GRANTEE"), sometimes individually referred to as "Party" or collectively referred to as "Parties". 1. Overview A. P ose: The City of Santa Ana CARES Museum Economic Stabilization Grant Program ("Grant Program") provides financial assistance to non-profit museums within the City of Santa Ana that have been negatively impacted by the COVID-19 pandemic. B. Program Funding: The CITY has agreed, subject to appropriation, and pursuant to the Coronavirus Aid, Relief, and Economic Security (CARES) Act signed into law on March 27, 2020, to utilize funds received through the CARES Act Coronavirus Relief Fund to assist non-profit museums in the CITY. C. Grant Amount: Pursuant to this Agreement, the CITY will disburse a onetime payment of $450,000 to GRANTEE ("Grant") upon execution of this Agreement by all parties. The CITY reserves the right to reduce the amount of CARES Act Funds to GRANTEE, or to completely terminate this Agreement, in the CITY's sole discretion, if there is a reduction in CARES Act Funds provided to the CITY. D. Grant Use: The Grant must be used in accordance with the program guidelines as set forth in Exhibit A attached hereto, for allowable expenses incurred between April 1, 2020 and December 30, 2020, directly related to the immediate impacts of COVID-19, and as identified in the application attached hereto as Exhibit B, and the budget attached hereto as Exhibit C. No other use of funds is allowed by the GRANTEE without written approval by the CITY. Budget modifications are allowed with prior written approval by the CITY. E. Grant Term: This Agreement will take effect on the Execution Date and terminate on December 30, 2020 ("Grant Term"). F. Final Report: (i) By December 30, 2020 ("Reporting Deadline"), the GRANTEE must provide the CITY with a Final Report on the operational status of the GRANTEE and an accounting of the use of the Grant funds. The GRANTEE must complete an online template, provided by the CITY. (ii) As an attachment to the Final Report, the GRANTEE must provide documentation of its reported Grant use, such as expense receipts and payroll filings for the periods covering April 1, 2020 through December 30, 2020. G. Repayment of Grant Funds: (i) If the GRANTEE does not use the GRANT as required by Section 1(D), then the Grantee must repay the grant award back to the CITY by January 31, 2021. (ii) If the GRANTEE ceases operations before the end of the Grant Term, the GRANTEE must notify the CITY immediately and must complete the Final Report and repay any unused portion of the Grant to the CITY within 30 days of business closure, but no later than December 30, 2020. (iii) If the GRANTEE has received, or receives after time of application, other relief funding to cover duplicate operating expenses, GRANTEE must repay the grant amount to the CITY by January 31, 2021. H. Recordkeepina: GRANTEE shall keep all records, financial or otherwise, relating to use of Grant Funds received pursuant to this Grant Agreement for at least five (5) calendar years following receipt of such funds. The CITY shall at any reasonable time have the right of access to and right to review or audit any and all such records pertinent to the administration and operation of the Grant and that said records shall be maintained in a manner to facilitate such reviews and audits. I. Grant Program Requirements: (i) GRANTEE acknowledges that the source of funding for said program is the federal CARES Act Fund, and that payments from the CARES Act Funds are only to be used to make necessary expenditures incurred due to the public health emergency with respect to COVID-19. (ii) GRANTEE acknowledges that CARES Act Fund provisions allow the use of CARES Act Funds for expenses associated with the provision of economic support in connection with the COVID-19 public health emergency, such as expenditures related to the provision of grants from local government to reimburse the costs of business interruption caused by required closures, and will not use these funds for any other uses. J. Information for Payment: GRANTEE must provide the CITY its DUNS number, a W-9 Form, and Bank Routing Number (for ACH fund transfer purposes) at the time this GRANT AGREEEMENT is returned. K. Representations and Warranties: GRANTEE warrants and represents that by accepting the Grant Funds at the time it submitted its Grant Application that it met the eligibility requirements of the Program set forth in Exhibit A, attached hereto and incorporated herein by reference. If at any time, it is determined that GRANTEE did not meet the eligibility requirements at the time it submitted its Grant Application, all of the Grant Funding shall be immediately repaid to the CITY by GRANTEE. 2. General Provision A. Notices Demands and Communications between the Parties: Formal notices, demands, and communications between the Parties shall be given by (i) personal service; (ii) reputable document delivery service, such as Federal Express, with a receipt showing date and time of delivery; or ui certified or first-class United States mail, postage prepaid, with a receipt showing date and time ofdelivery: TO CITY: CITY OF SANTA ANA 20 Civic Center Plaza M-25 Santa Ana, Ca 92701 Attn: Marc Morley Economic Development Manager TO GRANTEE: Discovery Science Center of Orange County 2500 Main Street Santa Ana, CA 92705 Attn: Joe Adams, CEO Written notices, demands, and communications shall be sent in the same manner to other addresses that any Party designates in writing. B. Indemnification/Hold Harmless GRANTEE shall indemnify, defend and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all damages to or for loss of use of property and for injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers compensation claims and including attorney fees and reasonable expenses for litigation or settlement, resulting from or arising out of the negligent or wrongful acts, errors or omissions of GRANTEE, its officers, directors, employees, agents, subcontractors and suppliers arising out of GRANTEE performance of this Agreement. C. Insurance: (i) Commercial General Liability. GRANTEE agrees to obtain and keep in force during the term of this Agreement a policy of comprehensive commercial public liability insurance insuring the CITY, and GRANTEE against any liability for accident, injury or death arising out of or in consequence of this Agreement. Such insurance shall be in an amount not less than One Million Dollars ($I,000,000.00) for any injury to or death of any person or persons in any single accident or occurrence. Said policy of comprehensive liability insurance shall be endorsed to provide to CITY at least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees, and volunteers, additional insured; and state that such coverage is primary to any other coverage or self-insurance and CITY. Governmental entities may provide proof of self-insurance. (a) Such insurance shall: (1) name the City of Santa Ana, its officers, agents, representatives, employees and volunteers as additional insured's; (2) be primary with respect to insurance or self-insurance programs maintained by the CITY; (3) contain standard separation of insured's provisions; and (4) give to CITY prompt and timely notice of claim made or suit instituted arising out of GRANTEE's operations hereunder. (b) GRANTEE shall: (1) prior to exercising any right under this Agreement, furnish properly executed certificates of insurance and additional insured endorsement to the CITY which shall clearly evidence all coverages required above; (2) provide that such insurance shall not be materially changed or terminated except on 30 days prior written notice to the CITY; (3) maintain such insurance for the period covered by this Agreement; and (4) replace such certificates for policies expiring prior to the expiration of this Agreement. (c) Certificates shall list the CITY as a Certificate Holder as follows: City of Santa Ana Risk Management Division 20 Civic Center Plaza, 4th Floor Santa Ana, CA 92701 (ii) Automobile Liability Coverage. GRANTEE shall also obtain and maintain, during the effective period of this Agreement, broad form automobile liability coverage with a $1,000,000 limit unless reduced by CITY, which applies to both owned/leased and non -owned automobiles used by GRANTEE employees or participants in performance of this Agreement, or, in the event that GRANTEE will not utilize such owned/leased automobiles but intends to require employees, participants or other agents to utilize their own automobiles in the performance of this Agreement, GRANTEE shall secure and maintain on file from all such employees, participants, or agents as self -certification of automobile insurance coverage. Governmental entities may provide proof of self- insurance. (iii) Workers' Compensation. If GRANTEE is an "employer", as set forth in California Labor Code Section 3300 et seq., or utilizes participants as "employees," as set forth in California Labor Code Section 3350 et seq., GRANTEE shall obtain and keep in force during the term of this Agreement full Workers' Compensation insurance coverage for injuries suffered by participants. Said insurance policy shall guarantee CITY at least thirty (30) days written notice of cancellation or modification. 4 (iv) Proof of Insurance. Certificates and endorsements must be submitted and approved by CITY prior to any work under this Agreement. GRANTEE understands that CITY will make no payments under this Agreement until the required certificates and endorsements have been approved by CITY. D. Entire Agreement Amendments: This Agreement constitutes the entire agreement among the Parties as to the Grant and may not be amended or modified, except in writing signed by each of the Parties. The GRANTEE may not assign or transfer its rights and interests in this Agreement to any other person, business or entity. E. No Third -Party Beneficiaries: This Agreement is not intended to create any rights or benefits for a person or entity who is not a Party, whether as a third - party beneficiary or otherwise. F. Governing Laws: Venue, This Agreement shall be governed by the laws of the State of California. Any legal action related to the performance or interpretation of this Agreement shall be filed only in the Superior Court of the State of California located in Orange, California, and the Parties waive any provision of law providing for a change of venue to another location. In the event any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in anyway. G. Severability: If any term of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the other provisions will remain in force to the extent practicable and taking into consideration the purposes of this Agreement. H. Interpretation: The terms of this Agreement shall be construed in accordance with the meaning of the language used and not for or against any Party by reason of the authorship or any other rule of construction that might otherwise apply. The Section headings are for purposes of convenience only and shall not be construed to limit or extend the meaning of this Agreement. I. Attorney's Fees • Each Party shall pay its own attorney's fees. J. Business Day Convention- If the date of any required action falls upon a weekend day or a holiday when the CITY is not open for business, the required action may be deferred to the next business day. K. Force Majeure: No Parry will be held responsible for failing to perform its responsibilities under this Agreement if the failure results from any act of nature or other cause that is beyond the reasonable control of the Party and that makes performance impossible or illegal. L. Record Retention: Unless otherwise required by applicable law or regulation, the CITY will keep records that the GRANTEE submits to the CITY pursuant to this Agreement five years from December 30, 2020. 5 M. Counterparts: This Agreement may be executed in one or more counterparts, each of which shall be an original and all of which together shall be one and the same instrument. A facsimile, PDF copy or other electronic signature (e.g., DocuSign) of this Agreement, when signed in compliance with this Section, is an enforceable, original agreement for all purposes. N. Non -Discrimination: The GRANTEE will not discriminate against any individual with regard to employment or participation or in any other manner for reasons of race, color, religion, gender or gender identification, sexual identity, pregnancy, childbirth or related medical conditions, national origin, age, marital status, disability or any other characteristicthat is protected by local, state or federal law. O. Prohibition of Nepotism• GRANTEE agrees not to hire or permit the hiring of any person to fill a position funded through this Agreement if a member of that person's immediate family is employed in an administrative capacity by GRANTEE. For the purposes of this section, the term "immediate family" means spouse, child, mother, father, brother, sister, brother-in-law, sister-in- law, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, stepparent and stepchild. The term "administrative capacity" means having selection, hiring, supervisor or management responsibilities. P. Miscellaneous Provisions: (i) 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. (ii) All Exhibits and Attachments referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. {Signatures on following page f A-2020-181-02 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first written above. ATTEST: FkkMe i''' t 0� � . .'.. i� � APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: RYAN O. HODGE Assistant City Attorney RECOMMENDED FOR APPROVAL . 31� Steven Mendoza (Dec 7, 202012:03 PST) STEVEN MENDOZA Executive Director Community Development Agency CITY OF SANTA ANA GE City Manager GRANTEE: L Jose dams (Oe0:15 PST) Joe Adams CEO Discovery Science Center of Orange County Pitt EXHIBIT A Q Santa Ana CARES Museum Economic Stabilization Grants Program Guidelines The Santa Ana CARES Museum Economic Stabilization Grants program is aimed at assisting non-profit museums within the City of Santa Ana that have been negatively impacted by COVID-19, and are in need of financial assistance for COVID49 response measures. The funding, which is part of the CARES Act Coronavirus Relief Funds bill, will aid museums in restructuring programming, assisting with safe reopening, and providing stabilization funds for revenues that were lost due to closures, and not recuperated via other grants or financial assistance. I. Size of the grant: Grants award maximums will be based on the size of the institution's operating budget and loss of revenues. Museums that have received CARES Arts funding through the City will need to deduct the grant amount from the grant maximum: Operating Budget Grant Maximum Under $5 Million Up to $150,000 $5 - $10 Million Up to $300,000 Over $10 Million Up to $450,000 *Funding amounts are subject to adjustment by the City. II. Institutions must have been affected by COVID-19• The institution must submit an attestation stating that it is impacted by COVID-19 in following ways: Operational revenue decreased more than 25% as a result of COVID-19 (from the time period of March 1, 2020 through present); and The institution was forced to lay-off or furlough at least one of its employees; and The institution was forced to shut down by the state or local government III. Eligibility Requirements• Institutions must meet the following eligibility requirements: • Non-profit museum located in Santa Ana • National Taxonomy of Exempt Entities (NTEE) Code in the following range: A50-A57 • Must have been in operation as of March 1, 2020 • Must be committed to operating in Santa Ana for the foreseeable future • In compliance with all City (Business License, Certificate of Occupancy, etc.) Ineligible: • Cannabis -related businesses • Gambling facilities • Adult entertainment businesses City of Santa Ana Page I of 4 Santa Ana CARES Museum Economic Stabilisation Grants Program Guidelines IV. Eligible Expenses of CARES Act Grant: Institutions may use the funding on the following eligible expenses that have been incurred or will be incurred during the period of April 1, 2020 — December 30, 2020: Safe Reopening (equipment/supplies/contracts) • Personal Protective Equipment (PPE) • Cleaning and disinfecting supplies/inventory • Contracts/Payroll for extra janitorial services • Contracts/Payroll for security/staffing enforcing safety guidelines • Marketing efforts or rebranding to re -attract patrons • Furniture, equipment, and supplies for expanded outdoor activities ■ Other reasonable expenses • Technology (software/licensing/equipment) • To automate systems ■ To allow for telecommute activities of employees • To digitize exhibits or programming (video/intemet/applications/ etc.) ■ Other reasonable expenses New Program Development to adapt programming to the COVID-19 pandemic • Payroll • Contractual • Equipment ■ Supplies • Other reasonable expenses • Operating Expenses (Based on Budget Analysis calculated with budgeted expenses, grants received, and loss of revenue) • Rent • Utilities • Payroll • Other reasonable expenses Ineligible Expenses of CARES Act Grant: • Expenses that will be reimbursed by forgivable loans or grants such as the Small Business Administration Paycheck Protection Program (PPP), or other sources are not eligible. V. Grant Application Process: Institution must submit an application by November 9, 2020 at 5PM via the City's grant portal An organization may submit only one application under this announcement. A parent organization may submit only one application for each independent component. An independent component must be a unit that is both programmatically and administratively distinct from the parent organization, have its own staff and budget, and generally have an independent board that has substantial responsibility for oversight and management. City of Santa Ana Page 2 of 4 Santa Ana CARES Hilseum Economic Stabilization Grants Program Guidelines VI. Required Information/Doeuments to Oualifv for Grant Award: • Budget Analysis for planned use of funds • Bank Statements for February 2020 through September 2020 • Employee list as of February 2020 through September 2020 • Non -Profit 990 or Non-profit Letter VII. Disbursement of Funds: Institutions will receive the approved funding in one disbursement via an Electronic Funds Transfer or Automated Clearing House (EFT or ACH). VIII. First Come, First Served Basis: Applications will be reviewed and considered on a first come, first served basis. IX. Reportine Guidelines: Institutions are required to report how the funds were spent in accordance with Program requirements via a City provided portal. The following will need to be provided: • Certification and budget documenting the use of grant funds • Documentation of grant expenses (Canceled checks, bank statements, credit card transactions) X. Certifications: Institution will certify to the following: • Institution agrees to submit post -expense reports via an online portal due on the following dates: December 15, 2020. Reporting will include bank statements and documentation of expenses such as invoices and receipts. Institution agrees to provide the City of Santa Ana, its employees and representatives, additional documentation for audit and reporting purposes and to assess the benefits derived from participating in the program. Such information may include, but is not limited to, profit loss statements, payroll records. Institution authorizes the release of said information to local, State and/or Federal agencies and to City of Santa Ana staff within five years of this date. This grant program is supported with Coronavirus Aid, Relief, and Economic Security Act ("CARES Act'), Public Law 116-136, Section 601(a) of the Social Security Act, to prevent, prepare for, and respond to the coronavirus ("COVID-19"). According to Title 18, Section 1001 of the U.S. Code, it is a felony for any person to knowingly and willingly make false or fraudulent statement to any department of the United States Government. Business understands that any willful misrepresentation on this application could result in a fine and/or imprisonment under provision of the United States Criminal Code U.S.C. Title 18, Section 1001. • Institution understands that the City reserves the right to reject any and all applications. City of Santa Ana Page 3 of Santa Ana CARES Museum Economic Stabilisation Grants Program Guidelines XI. Grant Contacts. Marc Morley Economic Development Manager City of Santa Ana mmorleyacsanta-ana or 714-647-6588 Sylvia Vazquez Economic Development Specialist II City of Santa Ana svazquez@saiita-ana.org 714-647-5445 City of Santa Ana Page 4 of 4 Santa Ann CARES 1911setmi Economic Stabiliration Grants Program Guidelines EXHIBIT B City of Santa Ana Powered by Submittable Organization Name Discovery Cube by Joe Adams in Santa Ana CARES Museum Economic Stabilization Grants jadams@discoverycube.org 11 /05/2020 id. 18134196 Original submission 11/05/2020 Contact Person Joe Adams Title CEO Email jadams@discoverycube.org Phone Number 9495210122 Organization Address 2500 Main Street, Santa Ana 92675 Tax ID # 33-0828380 National Taxonomy A57 - Science & Technology Museums: Organizations that develop of Exempt Entities and maintain educational exhibits which illustrate principles from (NTEE) Code mathematics and the physical sciences. Did expected Yes revenues decreased more than 25% as a result of COVID-19 (from the time period of March 1, 2020 through present)? Was the organization Yes forced to lay-off or furlough at least one of its employees? Was the organization Yes was forced to shut down by the state or local government? Was the organization Yes in operation as of March 1, 2020? Will the organization Yes be operating in Santa Ana for the foreseeable future? Organization mission The Discovery Cube has enjoyed a long, close partnership with the and history: City of Santa Ana for 22 years, successfully working together to provide important educational services to the children and families of our community. The Cube opened its doors as a non-profit science center on Main Street in 1998 with a mission to inspire and engage young minds through hands-on science -based programs and exhibits to create a meaningful impact on our community. At our foundation lies our four core initiatives used to prepare the next generation of teachers, students and life-long learners. From early childhood education to STEM proficiency, healthy living to environmental stewardship, these initiatives go to the heart of our mission as an entity of inspiration, education, and transformation. The non-profit science center has a board of directors who guide the leadership team and work to raise over $3M from sources outside the city and bring them into Santa Ana directed towards science programming for our community's children. Visitors and Awareness of Santa Ana: The Discovery Cube's 106ft tall solar cube sits along the 5 Freeway as an important awareness icon for the city. Prior to COVID the Cube has been a beacon bringing 600,000 annual visitors to our city making it one of the top 15 largest science centers in the nation. Annually 75,000 school children visit the Cube on field trips thousands of which come from Santa Ana schools. Additionally the Cube partners with SAUSD by providing on- line science education every week to students in all the elementary schools across the district. Furthermore Santa Ana families make up the largest percentage of annual members reflecting the Cube as an important resource to families of our city. Recognition and prestige for Santa Ana: Over the years the Cube has brought community goodwill and national recognition for the City of Santa Ana. Recognitions include the Best Environmental Exhibit in the Nation, the Best Marketing Program in OC, the Top 10 Most Trusted Brands, Superintendent of California's Best Educational Program, and the prestigious US Medal of Service from the White House. Programming Partnership with the City: The Cube partners with the City in many different ways to educate the community on important civic awareness issues like West Nile Virus Protection, Recycling, Water Conservation and Emergency Preparedness. Economic Impact: A national economic impact study in 2008 indicated that museums on average bring an additional $5 per visitor to the museum's home city as they spend money on items in local shops for food, gas, merchandise, and more. This would reflect that the Cube has an economic impact in Santa Ana of over $4,200,000 annually in todays dollars. As the Cube has grown it has been an important pillar of Santa Ana bringing education services, prestige, and economic revenues. But ................. now due to the impact of Covid-19 the Cube is in need of help. Description of need: In March, the State of California mandated that museums and science center's must close due to the pandemic. So the Cube did just that and the result of which was a loss of operational revenues. This in turn forced the Cube to initially furlough and eventually lay off 200 full and part-time staff (95%). The Cube is now in a perilous situation like none it has ever been in and yet through it all the Cube has found a way to pivot to continue its mission. Continuing the Cube's Mission: Families of our community are in need now more than ever as they have all been directly impacted by the pandemic. SAUSD school campuses are closed, educational locations like the Cube are closed, and even playgrounds in local parks were closed all summer long. While our campus may be closed we knew we could still help families by bringing hands-on science programming to their homes. In April, the Cube started down this path. With PPP funds we were able to create a virtual learning platform called Discovery Cube Connect (DCC) with a goal to provide hands-on STEM programs to homes throughout our community. In a remarkable show of community support, a volunteer force of over 700 teachers from across Southern California helped Cube Staff to establish over 200 hands-on STEM activities for the DCC. From there the team created three science adventures which were later converted into after -school activities for SAUSD. The Cube is now in need of resources to keep this momentum going. Funding needs are operational payroll for the following: 1) To provide funding for our operations labor to continue developing digital STEM educational programs on the DCC for thousands of our at-home users in our city and beyond, 2) To provide funding for educator labor to create and conduct at- home and after -school programs derived from the DCC STEM content, 3) To provide for the indirect labor of support staff that keep the front line teams going like accounting, HR, payroll, finance, and marketing along with payroll taxes and benefits. Staffing to reopen the Cube: As mentioned the Cube did not have the resources to continue carrying staff which forced the laying off of a majority of the staff. Current conditions continue to make opening the Cube not economically viable until some time next year when the county health tier is at an orange or yellow level for a stable period of time. The longer it takes to reopen increases the risk of loosing the knowhow, the contacts and everything else it takes to bring the Cube back up. To this end we additionally see it is imperative to keep two of our experienced operations staff on projects over these next couple of months to refresh the facility so that we retain the knowhow to reopen when that day comes. With your help we can continue to provide educational services to families now and be ready to reopen in the near future. Thank you for your consideration! Estimated loss of $7,935,166 revenue due to the COVID-19 pandemic: Grant amount $450,000 requested: Upload Budget Analysis for planned use of funds: Budget —Analysis —for —Planned —Use —of Grant_Funds.pdf Narrative for To make the grant application simple to only focus on payroll proposed use of support. requested funds: The use of these funds would go to new program development payroll for work on the DCC for Education, Operations, and Support (accounting, HR, marketing, etc.) including payroll taxes and benefits involved in creating and implementing content on the new digital platform Discovery Cube Connect and general operational staff involved in rehabbing and getting the facility ready to reopen. How will the funds Economic Impact: A national economic impact study in 2008 stimulate economic indicated that museums on average bring an additional $5 per visitor development for the to the museum's home city as they spend money on items in local City of Santa Ana? shops for food, gas, merchandise, and more. This would reflect that the Cube once opened has an economic impact in Santa Ana of over $4,200,000 annually in todays dollars. What are the If the Cube is not able to get this grant, we will likely have to layoff projected impacts if education and operations staff and reduce health insurance benefits the funds are not for any remaining staff. This would result in a loss of new granted to the programming on the DCC for families and for SAUSD after -school organization? programs in the winter and spring. Additionally a reduction in health benefits might put us at risk of retaining remaining employees and ultimately jeopardize the Cube's ability to reopen. What is the long term It is our vision to continue to grow the Cube in Santa Ana with more vision for the exhibits and experiences. We see the Cube growing to be one of the Museum in Santa top 5 largest science centers in the nation. Additionally the Cube Ana? would like to work closer with the City to program the Santiago Creek Nature Center and to create a robust partnerships with the Library, especially bringing Library resources onto the new DCC digital network. Upload Organization Operational Budget for 2020: CARES_Act._,F u n d ing__Utilization. pdf Upload Bank Statements for February 2020 through September 2020: F IVIB—Operating_stateme nt-02292020. pdf FMB_Operating—statement_03312020,pd f F IV1B_Ope rating_stateme nt__043020M pdf F MB—Operating_statemeiiL05312020.pdf FMB. -.Operating —statement _07312020. pdf FMB_Operating_statement 06302020.pcif F MB_Qpe ratin g_stateme n t_08312020. pdf FMB --Operating statement09302020. pdf Upload Employee list as of February 2020 through September 2020: Employee_Llst,pdf Upload Non -Profit 990 and Non -Profit Affirmation Letter: Tax_Exemption_ietter from_IRS.pdf EXHIBIT C Organization Name Discovery Science Center of Orange County Grant Funding Requested $ 450,000.00 Budgeted Revised Grants, Organization Forgivable *Santa Ana Budget Category Panclemic) Budget Funding Loans,or CARES (Pre (Post Available Other Financial Funding Pandemic) Assistance Budget 'a` a w r , Y:1 t i wa "dMaling E'XI?ensPs° s,� a1764b} 't^?Y nmro'tx4r, v 637.7. �Gr�nyv • Rent/ - _-S9S0 $315,011 $213,526 $122,902 $90,624 • Utilities $349,746 $204,239 $117,557 $86,683 • Payroll $6,563,523 $4,190,042 $2,411,716 $1,134,100 $450,000 • Marketing &Advertising $853,984 $162,183 $93,350 • Facilities Expenses $1,168,288 $468,415 $269,611 $198,000 • Development Expenses $827,210 $24,171 $13,913 • Supplies & Office Expenses $409,825 $250,622 $144,254 $105,000 • Professional Services& Insurance $541,555 $464,234 $267,205 $197,000 • Interest $480,197 $271,165 $156,078 $115,087 Administrative Expenses $254143 $71546 $41180 q a � t1 • Personal Protective Equipment (PPE) $0 • Cleaning and disinfecting supplies/inventory $0 • Contracts/Payroll for extrajanitorial services $0 • Conti¢cts/Payroll for security/staffing enforcing safety guidelines $0 • Marketing efforts or rebranding to re-anract patrons $0 • Furniture, equipment, and supplies for expanded outdoor activities $0 Other $0 ,.e91 pQ1UgY.wC oftal'e/Itee7lg�nE�41144Vmop4} ' 'i s�*s rz .f ,x • .: - SO 10,�00 Q0 To automate systemso • To allow for telecommute activities ofemployees $0 $10,000 • To digitize exhibits or programing(video/intemet/applications/ etc. $0 $100,000 $100,000 • Other $0 ry ..•j r . a k .,_ f ,s`s `4�,c';,.: , +.Y �'...$0 '. r 39,��,1/8;3..'; rollDev,OlPPgiCnt • Payroll y $0 $339,778 $339,778 • Contractual $0 $19,000 $19,000 • Equipment $0 $5,000 $5,000 • Supplies $0 $34,013 $34,013 Other $0 TOTAL e . $1?1 j63;483 ; t$13 rr - Anticipated Revenues 2020 - Q1 $ 2,268,828 2020 - QZ 2020 - Q3 2020 - Q4 Total Actual/Estimated Revenues $ $ 4,054,446 $ 2,772,047 $ 2,282,538 $ 11,377,859 Estimated Loss of Revenues 2,099,139 $ 169,689 $ 907,833 $ 284,044 $ 346,749 $ 3,637,765 Estimated Loss of Revenues'Y $ 3,146,612 $ 2,488,003 $ 1,935,789 $ 7,740,094 7.48% 77.61% 89.75% 84.81% 68,03% *CARES Funding will be utilized for expenditures incurred during the time period of April, 1, 2020 and December 30, 2020. Expenditures after December 30, 2020 are not allowable under this funding. Santa Ana CARES Museum Economic Stabilization Grant Agreement - Discovery Final Audit Report 2020-12-07 Created: 2020-12-04 BY Sylvia Vazquez (svazquez@santa-ana.org) Status: Signed Transaction ID: CBJCHBCAABAA2yUlBkH9OOYgmllxCg41G5UJN-bR4ja "Santa Ana CARES Museum Economic Stabilization Grant Agre ement - Discovery" History Document created by Sylvia Vazquez (svazquez@santa-ana.org) 2020-12-04 - 6:09:44 PM GMT- IP address: 98.153.69.210 [a+ Document emailed to L. Joseph Adams Qadams@discoverycube.org) for signature 2020-12-04 - 6:10:41 PM GMT Email viewed by L. Joseph Adams Oadams@discoverycube.org) 2020-12-04 - 6:10:58 PM GMT- IP address: 98.152.138.74 u3® Document e-signed by L. Joseph Adams Qadams@discoverycube.org) Signature Date: 2020-12-04 - 6:16:38 PM GMT - Time Source: server- IP address: 98.152.138.74 94 Document emailed to Ryan Hodge (rhodge@santa-ana.org) for signature 2020-12-04 - 6:16:40 PM GMT Email viewed by Ryan Hodge (rhodge@santa-ana.org) 2020-12-04 - 7:14:59 PM GMT- IP address: 70.224.64.65 &G. Document e-signed by Ryan Hodge (rhodge@santa-ana.org) Signature Date: 2020-12-04 - 7:15:32 PM GMT - Time Source: server- IP address: 70.224.64,65 U4 Document emailed to Steven Mendoza (smendoza@santa-ana.org) for signature 2020-12-04 - 7:15:34 PM GMT ") Email viewed by Steven Mendoza (smendoza@santa-ana.org) 2020-12-07 - 8:03:14 PM GMT- IP address: 98.153.69.210 dQ Document e-signed by Steven Mendoza (smendoza@santa-ana.org) Signature Date: 2020-12-07 - 8:03:59 PM GMT - Time Source: server- IP address: 98,153.69.210 Adobe Sign ® Agreement completed. 2020-12-07 - 8:03:59 PM GMT al Adobe Sign CERTIFICATE OF LIABILITY INSURANCE I DATEIMM Domyn 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 INSURERtS), AUTHORIZED REPRESENTATIVE OR PRODUCER, ANOTHE CERTIFICATE HOLDER.' - IMPORTANT; If the certificate holder is an ADDITIONAL INSURED, Iho pollsypos) must have ADDITIONAL INSURED provlgionB or bo sndaread. If SUBROGATION IS WAIVED, sub;act 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 hostler In liou of such andorsoment(a). PRODUCER CONTACT Gas at Insurance Services. Inc.-- 231 1 Ventura Blvd. Suite 100[tyPM,IWA L 818-302-3060 Woodland Hills CA 91364 ABORL -- AODRE35 Discovery Science Center Of Orange County dba Discovery Cube Orange County 2500 N Main Street Santa Ana CA 92705 enuPRenae rcoTlnr•wx .uumem. ,...,...,.... - _'..._._.. ...._-__.. V InGGR: THIS I$ TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY ftEOUIREMENT, 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 - - .,.......Y_.__�.,—. _ _-._...__... XMUI eft INSR lift TYPEDFINSURANCE POLI YEFF PM6- ---—-I"-""'"- POLICYNUMeER MMID IYYYY LIMITS A X I COMMERCIAL GENERALLIABILITY X Y 'r PHPN2150665 711f2020 7NJ2021 aACHOCCURIENGE I staoD.otlb CLAIMR.MAOE Of.Cllrl -'----' --- `. PREM6E5IEdam ra cqj_ IDS 160,G6a ,.____ ' 6IEU E%P IAPY bna pnNom 31.110 PERSON AL g ADV INJURY S 1.000000 ^ GENT AGGREGATE LIMIT APPLIES PER PRO.LOCOTHER I--"'------ GENERAL AGGREGATE320000.00' _ , JECt A I I ;23MCTUG0U0 --- 1 Sexual AOUYblMGeslq AUTOMOBILEAURCI ADILRY �X PHPK21 S3e6S NH2O20 7:S2021 Ea reedn06PIGLE II rl 51000.90D 11DORC ANY AUTfI BODILY INJURY (Par parspn, $ 9GIEDlILEO . AUTOSOHNLY AUTOS ! BODILY WJURY rPgr bcagenq, S HIRED X HIRED xl AUT6SOWNEDPHOPE nUTGS ONLY AUWSONLYLY TY DAM1IAGE-r----"-- n X iUManaLLALMe _X ; OCCUR Y I PHUB72D84R , .. —. ' 7d@020 7N12021 !EACH OCCURRENCE 3S,OUsDOo excess uno ...._._.__....._ ._.-,_----`-- _ _1_.,_ __U11MS.NAaE' I '. AGGFEOAtE y55.00tl.000- _ GED I X NETEHRONS 0 WOR%Efts COMPEN6ATIDN iYU•BPS0799A ldU2O OgIT]H_- 0UTe LIANOEMPLOYERSUABILITY i 4,102021 TIN . ,A ANYPROPRIETOMPARTKNEXMUTIVE OFPCEMMEAfOEnEXCLUDED1 NIAI I EL EACH ACCIDENT II 91,000000 imanon(bry In MR) -- ,rbganbe vnN,l i 'DEL bI6EA6E _EA EMPLOYEE( $ 7,000,000 Wa _ r [PRON OF DPEWTtICNS LeIPrt I EL DISEASE-PnLIrY UMR— yl,epg,eD� I � I DESCRIPTION OF OPERATIONS, LOCATIONS I VEHICLES tACORD let. Atldllinnbl Remark, schedule, may ha Mul h,d II mbmepepe Ia renukeUS This policy Includes a Blanket Additional Insured EndOrSOMQnt - the certificate holder is an additional insured If required by written attached endorsement. Contract. Planes Baler to the Certificate holder is named as additional insured as it (states ID general habitdy In accordance Win firs terms and conditions of Ilia policy Umbrella follows form as It relates 10 addltonal Insureds. Canlfioale holder 15 provided 10 days notice Of cancellation [Or IiDn-payment of premium In accordance with the farms conditions of Ilia general liability pohcy, and City of Santa Ana, officers. agents, employees, and volunteers are named as additionally Insured on this policy pursuant to written contract. agreement, or memorandum of Understanding. Such Insurance as Is afforded by this policy shall be primary, and any insurance carried by City shall be excess nonconlributory per attached forms. and ecaTIPlnATP Ianl nPa R VI[tVL 13 p f, l,)IyIV} l ��OULDANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLEOSEFORE Clly Of Santa Ana t- Y LTI(rit. '& V L. E EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Risk Management DiVISIOn By t715 MANACII-MvNf DM 1(RCCORDANCE WITH THE POLICY PROVISIONS, 20 Civic Center Plaza. M-28 JUL d�d UTHORIZED REPRESENTATIVE VL29 PO Box 1988 Santa Ana CA 92701t,I 2 - Cc71988.2015 ACORD CORPORATION. All rights reserve ACORD 2512D16103I The ACORD name and logo are rogetored (narks of ACORD PI-GLD-MK (03f 12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY DELUXE ENDORSEMENT: CULTURAL INSTITUTIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE It is understood and agreed that the following extensions only apply in the event that no other spedlgo coverage for the indicated loss exposure Is provided tinder this policy If such specific coverage applies, the terms. conditions and limits of that coverage are the sole and exclusive coverage applicable tinder this policy, unless otherwise noted an this endorsement The following Is a summary of the Limits of Insurance and additional coverages provided by this endorsement. For complete details on specific coverages. consult the policy contract wording Coverage Applicable Cxtondod Property Damags _ - -- - Limit of Insurance _.. included Page # Non -Owned Walarrrafl - 58 fe—et Less than 56 feel I 2 2 Damage to Premises Rented to You S1 000,000 2 Personal and Advertising Injury - Televised or Videotaped Publication �_--�—� Included 3 Medical Payments �---�� 520.900 _ 4 Medical Payments - Extended Reporting Period- 3 years 4 Athletic Activities Amended 4" Supplementary Payments - Ball Bonds $6.000 4 Supplementary Payment - Loss of Earnings 51,000 per day 4 Employee Indemnification Defense Coverage Additional hrsured -Managers and Supervisors Iwilh Fellow Errtployee Covera e $25,000 5 i—Included 5- Additional Insured - Broadened Named Insured Included 6 Additional insured - Funding Source Included 5 Additional Insured - Managers. Landlords or Lessors of Premises Included- 5 Additional Insured - Lessor of Leased Equipment Included 5 Additional Insured - Vendor i Included 6 Addillanel Insured -As Required by Contract Included 7 Additional Insured - State or Political Subdivisions Included 7 General Aggregate Per Location Included 7 Dillies in the Event of Occurrence Claim or Sun - y-- Included 7 Unintentional Failure to Disclose Hazards Included a� Transfer of Rights of Recovery Against Others To Us Clarification I fi Liberalization Included 8 o y l-Includes Mental Anguish Included I 8 Discrimia Abuse I an and Advertising Injury -Includes of Process. Discnmnation Included i — B PEVIEWI--D & APPI?0VE0 By Risk MnvnerMenn ()ivisinn Page 1 of g Includes copyrighted material of Insurance Services Office, Inc., with permission ® 2012 Philadelphia Indemnity Insurance Company hl AIVI; � VII_I AlPm PI-GLO-MK (03/12) A, Extended Property Damage SECTION I - COVERAGES. COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY. Subsection 2. Exclusions. Paragraph a, is deleted in its entirety and replaced by the following. a. Expected or Intended Injury `Bodily injury' or "property damage' expected or intended from the standpoint or the insured This oxoluslon does not apply to 'bodily injury' or''property damage" resulting from the use of reasonable force to protect persons or property B. Non -Owned Watercraft SECTION 1 - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2, Exclusions, Paragraph g. (2) Is deleted in its entirety and replaced by the following (2) Awatercraft you do riot own that ,s (a) Less than 56 feet long; and (b) Not being used to carry persons or property for a charge; This provision applies to any person, who with your consent. either uses or is responsible for the use of a watercraft This Insurance is excess over any other valid and collectible insurance available to the Insured whether primary, excess or contingent. C, Damage to Premises Rented to You 1. If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part, the word "fire" is changed to "fire. lightning, explosion. smoke, or leakage from automatic fire protective systems' where it appears in. a, The last paragraph of SECTION 1 - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY. Subsection 2. Exclusions, is deleted in its entirety and replaced by the following. Exclusions C. through n, do not apply to damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION III - LIMITS OF INSURANCE. b. SECTION III - LIMITS OF INSURANCE. Paragraph fi is deleted in its entirety and replaced by the following Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit Is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you. or In the case of damage by fire lightning, explosion. smoke, or leakage from automatic fire protective systems while rented to you or temporarily occupied by you with permission of the owner. c. SECTION V - DEFINITIONS, Paragraph 9 a., is deleted in its entirety and replaced by the fallowing REVIEWED & APPROVED Page 2 of g By Risk MAwteicMenl Divisio:� Includes copyrighted material of Insurance Services Office, Inc., with permission. © 2 9 2012 Philadelphia Indemnity Insurance Company 020 hftANI;TINE R. VILLARP.AL PI-GLD-MK (OW12) A contract for a lease of premises However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke. or leakage from automatic fire protective systems to promises white rented to you or temporarily occupied by you with permission of the owner is not an "Insured contract`, 2. SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS. Subsection 4. Other Insurance. Paragraph b. Excess Insurance, (1 pa)(II) Is deleted in as entirety and replaced by the following. That is insurance for fire, lightning, explosion, smoke, or leakage from automatic fire protective systems for premises rented to you or temporarily occupied by you with permission of owner, 3. The Damage To Premises Rented To You Limit section of the Declarations is amended to the greater of: a. $1.000,000; or b. The amount shown in the Declarations as the Damage to Premises Rented to You Limit. This is the most we will pay for all damage proximately caused by the same event. whether such damage results from fire, lightning, explosionsmoke, or leaks from automatic fire protective systems or any combination thereof. D. Personal and Advertising Injury -Televised or Videotaped Publication 1. SECTION I -COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY, Subsection 2. Exclusions, Paragraphs b. and c, are deleted in their entirety and replaced by the following: b. Material Published With Knowledge Of Falsity "Personal and advertising Injury" arising out of oral, written, televised, or videotaped publication of material, if done by or at the direction of the insured with knowledge of Its falsity. d. Material Published Prior To Policy Period `Personal and advertising Injury" arising out of oral, written, televised, or videotaped publication of material whose first publication lock place before the beginning or the policy period 2. SECTION V - DEFINITIONS. Paragraph 14. Is deleted in its entirely and replaced by the following "Personal and advertising injury" means injury, Including consequential "bodily injury", arising out of one or more of the following offenses a. False arrest. detention or Imprisonment. b. Malicious prosecution. a. The wrongful eviction from, wrongful entry Into, or Invasion of the right of private occupancy of a room, dwelling or premises that a person occupies. committed by or on behalf of its owner. landlord or lessor, REVIEWED & APPROVED Page 3 of 9 By Risk MA iAgrrvP.Ni DiUiwd !\ Includes copyrighted material of Insurance Services Office, Inc., with permission 9 (1) 2012 Philadelphia Indemnity Insurance Company U 9 20[0 hit tVCIiVk <, Vl . KEAL PI-GLO-MK (03112) d. Oral, written, televised, or videotaped publication, in any manner of material that slanders or libels a person Of organization or disparages a person's or organization's goods, products or services: e. Oral, written, televised, or videotaped publication, In any manner, of material that violates a person's right of privacy, I. The use of another's advertising idea in your "advertisement" or g. Infringing upon another's copyright, trade dress. slogan, title, or slogan in your "advertisement." E. Medleal Payments — Limit Increased to $20,000, Extendod Reporting Period If COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part: 1. The Medical Expense Limit Is changed subject to all of the terms of SECTION III —LIMITS OF INSURANCE to the greater of a. $20.000: or b. The Medical Expense Limit shown in the Declarations of this Coverage Part. 2. SECTION I — COVERAGE. COVERAGE C MEDICAL PAYMENTS, Subsection 1, Insuring Agreement, a (3) (b) is deleted in its entirety and replaced by the following, (b) The expenses are incurred and reported to us within three years of the date of the accident. F. Athletic Activities SECTION 1— COVERAGES, COVERAGE C MEDICAL PAYMENTS, Subsection 2. Exclusions. Paragraph e. Athletic Activities is deleted in its entirely and replaced with the following a. Athletic Activities To a person injured while taltmg part in athletics. G. Supplementary Payments SECTION I — COVERAGES, SUPPLEMENTARY PAYMENTS — COVERAGE A AND B are amended as follows- 1. b. is deleted in its entirety and replaced by the following 1. b. Up to $5000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies We do not have to furnish these 1.d. is deleted in its entirety and replaced by the following 1. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $1,000 a day because of time off from work. REVIEWLD & APPR2E Page 4 of g V _ fay Risk'4fnwigrro�pnl D� isr Includes copyrighted material of Insurance Services Office. Inc, with permission. © 2012 Philadelphia Indemnity Insurance Company � M ( P ttANE:IfVk 12L PI-GLD-MK (03112) H. Employee Indemnification Defense Coverage SECTION I —COVERAGES, SUPPLEMENTARY PAYMENTS —COVERAGES A AND B the following is added: We will pay, on your behalf, defense costs incurred by an "employee' in a criminal proceeding occurring in the course of employment The most we will pay for any 'employee" who is alleged to be directly involved in a criminal proceeding is $25,000 regardless of the numbers of "employees." claims or "suits" brought or persons or organizations making claims or bringing "suits" 1. Additional Insureds SECTION 11— WHO IS AN INSURED is amended as follows Each of the following is also an Insured, 1. Managers and Supervisors — Your managers and supervisors are also insureds, but only with respect to their duties as your managers and supervisors. Managers and supervisors who are your "employees" are also insureds for"bodily Injury" to a co -'employee" while in the course of his or her employment by your or performing duties related to the conduct of your business This provision does not change Item 2 a (1)(a) as it applies to managers of a limited liability company 2. Broadened Named Insured — Any organization and subsidiary thereof which you control and actively manage on the effective date of this Coverage Part However, coverage does not apply to any organization or subsidiary not named In the Declarations as Named Insured, if they are also Insured under another similar policy. but for its termination or the exhaustion of its limits of insurance 3, Funding Source — Any person or organization with respect to their liability arising out of: a. Their financial control of you. or b. Premises they own, maintain or control while you lease or occupy these premises This Insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. 4. Managers, Landlords, or Lessors of Premises — Any person or organization with respect to their liability arising out of the ownership, maintenance or use of that part of the premises leased or rented to you subject to the following additional exclusions This Insurance does not apply to: a, Any "occurrence" which takes place after you cease to be a tenant In that premises; or b. Structural alterations, new construction or demolition operations performed by or on behalf of that person or organization S. Lessor of Leased Equipment —Automatic Status When Required in Lease Agreement With You — Any person or organization from whom you lease equipment when�yyou and such person or organization have agreed in writing in a contract or agreement that sIBC&�(Wd R) & APPROVED Page 5 of 0 By Risk MANAGEM eN1 Division, Includes copyrighted material of Insurance Services Office, Inc . with permission n © 2012 Philadelphia Indemnity Insurance Company UL 2 u 2029 PI(,ANC 1N It. VIL AIlEAL PI-GLD-MK (03112) organization Is to be added as an additional insured on your policy Such person or organization is an insured only with respect Id liability for "bodily injury," "property damage or 'personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization A persons or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. 6. Vendors — Any person(s) or organization(s) (referred to below as vendar), but only with respect to "bodily injury" or "property damage" arlsing out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: a. The insurance afforded the vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement This exclusion noes not apply to liability for damages that the vendor would have in the absence Of the contract or agreement: (2) Any express warranty unauthorized by you: (3) Any physical or chemical change in the product made intentionally by the vendor, (4) Repackaging, except when unpacked solely for the purpose of inspection. demonstration, testing, or the substitution of parts under instructions Irani the manufacturer, and then repackaged in the original container, (6) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business. in connection with the distribution or sale of the products: (6) Demonstration, installation. servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product. (7) Products which, after distribution or sale by you, have bean labeled or relabeled or used as a container. part or ingredient at any other thing or substance by or for the vendor, or (8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf However, this exclusion does not apply to (a) The exceptions contained in Sub -paragraphs (4) or (6), or (b) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business. in connection with the distribution or sale of the products b. This Insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient. part or container, entering into. accompanying or containing. REVIEWED 6 APPROVEb Page 6 of g FTV Risk MANncrapoit f)Ivlsi(,N Includes copyrighted material of Insurance Services office, Inc , with permission r q rr� © 2012 Philadelphia Indemnity Insurance Companytl� C C hl<A UNE 12. VILLAREAL PI-GLD-MK (03/12) 7. As Required by Contract — Any person or organization where required by a written contract executed prior to the occurrence of a loss Such person or organization is an additional insured for "bodily injury; "'property damage" or "personal and advertising injury" but only for liability arising out of the negligence of the named insured The limits of insurance applicable to these additional insureds are the lesser of the policy limits or those limits specified In a contract or agreement These limits are included within and not in addition to the limits of insurance shown in the Declarations S. State or Political Subdivisions — Any slate or political subdivision as required, subject to the following provisions. a. This Insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit, and is required by contract b. This Insurance does not apply to. (1) "Bodily injury," "property damage" or "personal and advertising Injury" arising out of operations performed for the state or municipality; or (2) "Bodily injury" or "property damage" included within the "products -completed operations hazard " J. General Aggregate Per Location SECTION III — LIMITS OF INSURANCE. Paragraph 2. is amended to include the following additional provision The General Aggregate Limit applies separately to each of your "locations" owned by or rented to you "Location" means premises involving the same or connecting lots, or premises whose connection Is interrupted only by a street, roadway waterway or right-of-way of a railroad K. Duties In the Event of Occurrence, Claim or Suit SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 2. Is amended as follows Item a. Is amended to include This condition applies only when the "occurrence" or offense is known to (11 You, if you are an individual; (2) A partner, if you are a partnership. or 13) An executive officer or Insurance manager. if you are a corporation Item b. Is amended to include - This condition will not be considered breached unless the breach occurs after such claim or "suit- is known to (1) You. if you are an individual{ (2) A partner, If you are a partnership. or REVILWED & APPROVED By Risk MAiNoiraseivt DivisioN Page 7 of 9 Includes copyrighted material of Insurance Services Office, Inc., with permission L 29 �� ,Q{%�(Q ) 0 2012 Philadelphia Indemnity Insurance Company l•I(ANL-:IINL 1{. VILLAREAL PI.GLD-MK (03/12) (3) An executive officer or insurance manager if you are a corporation L. Unintentional Failure To Disclose Hazards SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 6. Representations is amended to include the following It is agreed that, based on our reliance on your representations as to existing hazards, if you should unintentionally fail to disclose all suph hazards prior to the beginning of the policy period of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure M. Transfer of Rights of Recovery Against Others To Us SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 0. Transfer of Rights of Recovery Against Others To Us is deleted in its entirety and replaced by the following If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us The insured must do nothing after loss to Impair them At our request the insured will bring "suit" or transfer those rights to us and help us enforce them Therefore. the insured can waive the insurer's Rights of Recovery prior to the occurrence of a loss, provided the waiver is made in a written contract N. Liberalization SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, is amended to include the following- _ If we revise this endorsement to provide more coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state O. Bodily Injury— Mental Anguish SECTION V — DEFINITIONS, Paragraph 3. is deleted in its entirely and replaced by the following. 'Bodily injury" a. Means bodily injury. sickness or disease sustained by a person, and includes mental anguish resulting from any of these. and b. Except for mental angular, includes death resulting from the foregoing (Item a. above) at any time. P. Personal and Advertising Injury — Abuse of Process, Discrimination If COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY COVERAGE is not otherwise excluded from this Coverage Part. the definition of "personal and advertising injury" is amended as follows: 1. SECTION V— DEFINITIONS Paragraph 14.b. is deleted in its entirety and replaced by the following b Malicious prosecution or abuse of process: 2. SECTION V — DEFINITIONS. Paragraph 14. is amended to include the foilowiKVIEWED & APPROVED Page 8 of 0 BY WS1 ' 1'1hNn(!ryij4N1 f)jvjSj0h Includes copyrighted material of Insurance Services Office. Inc., with permission m 2012 Philadelphia Indemnity Insurance Company J 9 2f120 4 /" 11{AIV ;UVt R. VILIAI?FAI_ PI-GLD-MK (03112) Discrimination based on race, color, religion, sex, age er national origin, except when. a. Done intentionally by or at the direction of. or with the knowledge or consent or. (1) Any insured, or (2) Any executive officer, director. stockholder, partner or member of the insured . b, Directly or Indirectly related to the employment. former or prospective employment, termination of employment, or application for employment of any person or persons by an Insured. c. Directly or Indirectly related to the sale, rental, lease or sublease or prospective sales, rental lease or sub -lease of any room, dwelling or premises by or at the direction of any Insured, or d. Insurance for such discrimination Is prohibited by or held in violation of law. public policy. legislation, court decision or administrative ruling The above does not apply to fines or penalties Imposed because of discrimination. REVIEWED & APPROVED By Risk WN4(it:M@Ni (Tvisior, Page 9 of 9 Includes copyrighted material of Insurance Services office. Inc, with per mission �. gnyn ® 2012 Philadelphia Indemnity Insurance Company 4Uuut-,K. VIL RE L PI-GL•005 (07/12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Effective Date: 07/01/201e Name of Person or organization (Additlonal Insured): Blanket where required by written contract. SECTION 11— WHO 15 AN INSURED Is amended to include as an additional insured the persons) or organization(s) shown in the endorsement Schedule. but only with respect to liability for"bodily Injury,' .property damage' or"personal arid advertising injury' arising out of or relating to your negligence in the performance of "your work" for such person(s) or organization(s) that occurs on or after the effective date shown in the endorsement Schedule This insurance is primary to and non-contributory with any other insurance maintained by the person or organization (Additional Insured), except for loss resulting from the sole negligence of that person or organization This condition applies even If other valid and collectible insurance Is available to the Additional Insured for a loss or "occurrence" we cover for this Additional Insured The Additional Insured's limits of insurance do not increase our limns of insurance. as described in SECTION III — LIMITS OF INSURANCE All other terms. conditions, and exclusions under the policy are applicable to this endorsement and remain unchanged. REVIEWED & .APPROVED By 17iSl( fVJANAr,rovn* Division Page I of I ''11 Includes copyrighted material of Insurance Services Office, Ina, with its per i s Ur �, 2020 I-RANUIIVI: R. VILLAkEAt- Philadelphia Indemnity Insurance Company Additional Insured Schedule Policy Number: PHPK2006438 Additional Insured Huntington Beach City School District 17011 Beach Blvd Ste 560 Huntington Beach, CA 92647-7492 CG2026 - General Liability RE: Contract for teaching demonstrations t��dl�`�nal*�nsy�eU', �lty of Santa ARa Risk Man�geme-nt Dtv)slori �0 CjY(5 Ceneer P�'az� M .Zi, O eox 1�88 Santa Ana; CA;927D3=4050 F kfi0 y General lability R@ VIEWED tk APPRQVEU By Risk MmmAgea11*11 Olvision Page 6 of 6 JUL 29 �2020t ritaivl,UVL It. MIANI-.4 PI-CANXAICH-002 (05111) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION NOTICE TO SCHEDULED ADDITIONAL INSURED OR CERTIFICATE HOLDER This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART COMMERCIAL CRIME COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART SCHEDULE OF ADDITIONAL INSUREDS OR CERTIFICATE HOLDERS AI or CH I Additional Insured or Certificate Wolder Address Al City of Santa Ana Risk Management Div 20 Civic center Plaza, M-28 Santa Ana CA 92701 The following is added to A. CANCELLATION of the Common Policy Conditions of the above applicable coverage part: A. In the event we cancel the policy in accordance with the policy's terms and conditions, we will endeavor to mail written notice of cancellation to Additional Insureds or Certificate Holders, shown in the above SCHEDULE within the time frame listed below. However, failure to mail such notice shall impose no obligation of any kind upon us. our agents or representatives. I 30 days before the effective date of cancellation if we cancel for any reason other than for non - payment of premium. As respects Additional Insureds, the above cancellation provision applies only when the Additional Insured shown in the above SCHEDULE is added to the policy by a separate additional insured endorsement as the CANCELLATION NOTICE TO ADDITIONAL INSURED OR CERTIFICATE HOLDER does not provide additional insured coverage REVIEWED & APPIs()Vf:. Ely Risk Matingenirni f lvi;ii: . Page 9 of 9 JUL 29 2020 F 1-KAIVI;IIVI: It. VILLAItLAL POLICY NUMBER; PHPK2006438 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(s) Or Organfaatfon(s): City of Santa Ana Risk Management Division A, Section II — Who Is An Insured is amended to include as an 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, end 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. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 REVIEWED & APPROVI-L. By Risk mwgmacrn+ervi Division I-NANCII`gak'e %JAYEAL