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HomeMy WebLinkAboutTRAVEL SANTA ANA,iu ON FILE •.r.::iAY PROCEED N-2021-059 APR 0 7 2021 iNSURANCE EXPIRES -. OF COUNCIL AGREEMENT FOR SERVICES y "Thus Agreement is hereby made and entered into this j day of X 2021, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"), and Travel Santa Ana, a California corporation ("Contractor"). City and Contractor shall collectively be referred to as the "Parties." RECITALS A. On November 17, 2020, the City Council adopted Resolution No. 20-091 ("Resolution") creating the Santa Ana Tourism Marketing District ("SATMD"), in accordance with the provisions of the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600, et seq. ("1994 Law"). B. Contractor was designated in the Resolution and SATMD Management District Plan as the Owners' Association, in accordance with Streets and Highways Code section 36612, and the entity responsible for managing the operations of the SATMD. C. Streets and Highways Code section 36651 requires a contract between the City and the Owners' Association. D. Contractor is willing to provide services to the City on the terms and conditions set forth in this Agreement and in accordance with the SATMD Management District Plan. NOW THEREFORE, it is agreed by and between the Parties that the foregoing Recitals are a substantive part of this Agreement, and the following terms and conditions are approved and together with all exhibits and attachments hereto, shall constitute the entire Agreement between the Parties: Engagement. City hereby retains Contractor to provide the services described in Exhibit A, attached hereto and incorporated herein by reference, and Contractor accepts such engagement. 2. Term. The term of this Agreement shall begin on the last date signed by all Parties and end on December 31, 2025, or, if the SATMD is disestablished prior to December 31, 2025, the effective date of SATMD disestablishment. This Agreement may also be terminated as provided in Section Is. 3. Independent Contractor. No relationship of employer and employee is created by this Agreement; it being understood and agreed that Contractor is an Independent Contractor. Contractor is not the agent or employee of the City in any capacity whatsoever, and the City shall not be liable for any acts or omissions by Contractor nor for any obligations or liabilities incurred by Contractor. A. Contractor shall have no claim under this Agreement or otherwise, for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, retirement benefits, social security, disability, Workers' Compensation, unemployment insurance benefits, civil service protection, or employee benefits of any kind. B. Contractor shall be solely liable for and obligated to pay directly all applicable payroll taxes (including federal and state income taxes) or contributions for unemployment insurance or old age pensions or annuities which are imposed by any governmental entity in connection with labor used or which are measured by wages, salaries or other remuneration paid to its officers, agents or employees and agrees to indemnify and hold City harmless from any and all liability which City may incur because of Contractor's failure to pay such amounts. C. In carrying out the work contemplated herein, Contractor shall comply with all applicable federal and state Workers' Compensation and liability laws and regulations with respect to the officers, agents and/or employees conducting and participating in the work; and agrees that such officers, agents, and/or employees will be considered Independent Contractors and shall not be treated or considered in any way as officers, agents and/or employees of City. D. Contractor agrees to perform its work and functions at all times in strict accordance with all applicable federal, state, county and city laws, resolutions, regulations, titles, departmental procedures and currently approved methods and practices in the field; and that the sole interest of City is to ensure that said service shall be performed and rendered in a competent, efficient, timely and satisfactory manner and in accordance with standards required by the City. 4. Indemnification. A. To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify the City, its City Council, employees and agents from and against any and all claims, losses, damages, liabilities and expenses, including but not limited to reasonable attorneys' fees, arising out of or resulting from the performance of services under this Agreement, provided that any such claim, loss, damage, liability or expense is caused by any negligent act, omission or willful misconduct of Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable. The City may participate in the defense of any such claim without relieving Contractor of any obligation hereunder. B. To the fullest extent permitted by law, the City shall hold harmless, defend and indemnify Contractor, its Board of Directors, employees and agents from and against any and all claims, losses, damages, liabilities and expenses, including but not limited to reasonable attorneys' fees, arising out of or resulting from the performance of services under this Agreement, provided that any such claim, loss, damage, liability or expense is caused by any negligent act, omission or willful misconduct of City, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable. The Contractor may participate in the defense of any such claim without relieving City of any obligation hereunder. Insurance. Insurance coverage in a minimum amount set forth herein shall not be construed to relieve Contractor for liability in excess of such coverage, nor shall it preclude City from taking such other action as is available to it under any other provisions of this Agreement or otherwise in law. (1) General Liability Insurance with limits of liability of not less than $1,000,000 per occurrence and $2,000,000 annual aggregate for liability arising out of CONSULTANT's performance of the Agreement. The limits shall be provided by either a single primary policy or combination of policies. If limits are provided with excess and/or umbrella coverage, then the limits combined with the primary will equal the minimum limits set forth above. If written with an aggregate, then the aggregate shall be double the each occurrence limit. (2) Automobile Insurance. Automobile Liability Insurance with a limit of liability of not less than $1,000,000 each occurrence and $1,000,000 annual aggregate. The limits shall be provided by either a single primary policy or combination of policies. If limits are provided with excess and/or umbrella coverage, then the limits combined with the primary will equal the minimum limits set above. Such insurance shall include coverage for all "owned," "hired" and "non - owned" vehicles, or coverage for "any auto." (3) Workers' Compensation Insurance. Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 each accident for bodily injury and $1,000,000 each employee for bodily injury by disease. Said insurance shall cover all employees of CONSULTANT providing any service in the performance of this agreement. A statement on an insurance certificate will not be accepted in lieu of the actual endorsement unless CONSULTANT's insurance carrier is the State of California Insurance Fund (SCIF) and the endorsement numbers 2570 and 2065 are referenced on the certificate of insurance. Workers' Compensation is not required for sole proprietors or a partnership with no employees. However, for sole proprietors or a partnership, CONSULTANT must complete a "Workers' Compensation Declaration." This form may be obtained from the CITY staff. 6. Conformity with Law. A. In performing services under this Agreement, Contractor shall observe and comply with all applicable laws, resolutions, codes and regulations of governmental agencies, including federal, state, municipal, and local governing bodies, having jurisdiction over the scope of services, including all applicable provisions of the California Occupational Safety and Health Act. Contractor shall indemnify and hold City harmless from any and all liability, fines, penalties and consequences from any of Contractor's failures to comply with such laws, resolutions, codes and regulations. B. If a death, serious personal injury or substantial propertydamage occurs in connection with Contractor's performance of this Agreement, Contractor shall immediately notify the City. Contractor shall promptly submit to City a written report, in such form as may be required by City of all accidents which occur in connection with this Agreement. This report trust include the following information: (1) Name and address of the injured or deceased person(s); (2) Name and address of Contractor's sub -contractor, if any; (3) Name and address of Contractor's liability insurance carrier; and (4) A detailed description of the accident and whether any of City's equipment, tools, material, or staff were involved. C. Contractor further agrees to take all reasonable steps to preserve all physical evidence and information which may be relevant to the circumstances surrounding a potential claim, while maintaining public safety, and to grant to the City the opportunity to review and inspect such evidence, including the scene of the accident. Payment. City shall forward to Contractor the proportion of the SATMD assessments collected equivalent to the sales, marketing, and communications category as well as the administration and operations category established in the SATMD Management District Plan or in future annual reports. City shall forward the proportion of the SATMD assessments due to Contractor within thirty (30) days of collection. 8. Taxes. Payment of all applicable federal, state and local taxes shall be Contractor's sole responsibility. 9. Ownership of Documents. A. Contractor hereby agrees to provide to a private, not -for -profit, successor and if there is none then assigns the City and its assignees all copyright and other use rights in any and all proposals, plans, specifications, designs, drawings, sketches, renderings, models, reports and related documents (including computerized or electronic copies) respecting in any way the subject matter of this Agreement, whether prepared by the City, the Contractor, the Contractor's subcontractors or third parties at the request of the Contractor (collectively, "Documents and Materials"). This explicitly includes electronic copies of all above stated documentation. B. Contractor shall be permitted to retain copies, including reproducible copies and computerized copies, of Documents and Materials. Contractor agrees to take such further steps as may be reasonably requested by City to implement the aforesaid assignment. If for any reason said assignment is not effective, Contractor hereby grants the City and any assignee of the City an express royalty— free license to retain and use said Documents and Materials. The City's rights under this paragraph shall apply regardless of the degree of completion of the Documents and Materials and whether or not Contractor's services set forth in Exhibit "A" of this Agreement have been fully performed or paid for. C. Contractor shall pay all royalties and license fees which may be due for any patented or copyrighted materials, methods or systems selected by Contractor and incorporated into the work as set forth in Exhibit "A", and shall defend, indemnify and hold the City harmless from any claims for infringement of patent or copyright arising out of such selection. D. The City's rights under this Section shall not extend to any computer software used to create such Documents and Materials. E. Contractor shall maintain all documents and records in accordance with the California Public Records Act, Government Code section 6250 et seq. 10. Conflicts of Interest. Contractor covenants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with performance of services required under this Agreement. 11. Notices. All notices, requests, demands, or other communications under this Agreement shall be in writing. Notices shall be given for all purposes as follows: A. Personal delivery: When personally delivered to the recipient, notices are effective on delivery. B. First Class Mail: When mailed first class to the last address of the recipient known to the party giving notice, notice is effective three (3) mail delivery days after deposit in a United States Postal Service office or mailbox. Certified Mail: When mailed certified mail, return receipt requested, notice is effective on receipt, if delivery is confirmed by a return receipt. C. Overnight Delivery: When delivered by overnight delivery with charges prepaid or charged to the sender's account, notice is effective on delivery, if delivery is confirmed by the delivery service. D. Addresses for purpose of giving notice are as follows: To City: 20 Civic Center Plaza, Santa Ana, CA 92702 To Contractor: 1631 W Sunflower Ave C-35, Santa Ana, CA 92704 E. Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused, unclaimed, or deemed undeliverable by the postal authorities, messenger, or overnight delivery service. F. Any party may change its address by giving the other party notice of the change in any manner permitted by this Agreement. 12. Use of City Property. Contractor shall not use City property, including equipment, instruments and supplies, or personnel for any purpose other than in the performance of its obligations under this Agreement. 13. Equal Employment Opportunity Practices Provisions. Contractor certifies that it is in compliance with the Equal Employment Opportunity Requirement of Executive Order 11246, as amended by Executive Order 11375 and supplemented I 45CFR, Part 60, Title VII of the Civil Rights Act and any other federal or state laws pertaining to equal employment opportunity and that it shall not discriminate against any employee or applicant for employment on the basis of race, color, religion, age, sex, national origin, ancestry, marital status, political affiliation or physical or mental condition, in matters pertaining to recruitment, hiring, training, upgrading, transfer, compensation or termination. A. Contractor shall, in all solicitations or advertisements for applicants for employment placed as a result of this Agreement, state that it is an "Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran's status, political affiliation, or any other non -merit factor. B. Contractor shall, if requested to so do by the City, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran's status, political affiliation, or any other non -merit factor. C. If requested by the City, Contractor shall provide the City with access to copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law. D. Nothing contained in this Agreement shall be construed in any manner so as to require or permit any act which is prohibited by law. E. Contractor shall include the provisions set forth in this Section in each of its subcontracts. 14. Compliance with Licensing Requirements. Contractor shall comply with all necessary licensing requirements and shall obtain appropriate licenses and display the same in a location that is reasonably conspicuous, and file copies of same with the City. 15. Audits and Records Access. A. Contractor shall make available to the City, its authorized agents, officers, or employees, for examination any and all ledgers, books of accounts, invoices, vouchers, cancelled checks, and other records or documents evidencing or relating to the expenditures and disbursement of SATMD assessment funds received pursuant to this Agreement, and shall furnish to the City, within sixty (60) days after examination, its authorized agents, officers or employees such other evidence or information as the City may require with regard to any such expenditure or disbursement charged by Contractor. B. Contractor shall maintain full and adequate records in accordance with City requirements to show the actual costs incurred by the Contractor in the performance of this Agreement. If such books and records are not kept and maintained by Contractor within the City, Contractor shall, upon request of the City, snake such books and records available to the City for inspection at a location within the City or Contractor shall pay to the City the reasonable and necessary costs incurred by the City in inspecting Contractor's books and records, including, but not limited to, travel, lodging and subsistence costs. Contractor shall - provide such assistance as may be reasonably required in the course of such inspection. The City further reserves the right to examine and reexamine said books, records and data during the four (4) year period following termination of this Agreement or completion of all work hereunder, as evidenced in writing by the City, and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatsoever for four (4) years after the City makes the final or last payment or within four (4) years after any pending issues between the City and Contractor with respect to this Agreement are closed, whichever is later. C. Contractor shall not be required to conduct an annual audit. However, if the City has a reasonable basis to believe that expenditures have not been consistent with the SATMD Management District Plan, the 1994 Law, or any other applicable laws, the City may request an audit of expenditures for the period in question. 16. Documents and Materials. Contractor shall maintain and make available to City for its inspection and use during the term of this Agreement, all Documents and Materials, defined as any and all documents, contracts, subcontracts, receipts, invoices, plans, collateral, advertisements and other paper or electronic writings and other materials used for the provision of services under this Agreement. Contractor's obligations shall continue for four (4) years following termination or expiration of this Agreement, and Contractor shall in no event dispose of, destroy, alter or mutilate said Documents and Materials, for four (4) years following the City's last payment to Contractor under this Agreement. 17. Time of Essence. Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a party of the benefits of any grace or use period allowed in this Agreement. 18. Termination/Disestablishment. The City has and reserves the right to suspend, terminate or abandon the execution of any work by Contractor upon adoption of a resolution disestablishing the SATMD pursuant to the 1994 Law. Per the 1994 Law, such a resolution may only be adopted if (1) the City Council finds there has been misappropriation of funds, malfeasance, or a violation of law in connection with the management of the district and a noticed hearing on disestablishment is held, or (2) in the thirty (30) day period following the anniversary of the district's formation, businesses owners paying fifty percent (50%) or more of the assessment file a written protest with the City and a hearing on disestablishment is held. In the event the City disestablishes the SATMD Contractor shall be entitled to retain SATMD revenues only for paying the Contractor's current liabilities of the SATMD. Pursuant to the 1994 Law, Contractor shall refund to City any remaining SATMD revenues or any revenues derived from the sale of assets acquired with SATMD revenues to enable distribution of the revenues to the businesses owners which paid the assessment. Contractor agrees that City has and reserves the right to deny the transfer of SATMD revenues and/or suspend, terminate or abandon the execution of any work by the Contractor in accordance with this agreement or misfeasance, nonfeasance, or gross malfeasance, or criminal conduct as determined by a court of competent jurisdiction. Any retention of SATMD revenues by Contractor shall comply with the 1994 Law. 19. Choice of Law. This Agreement, and any dispute arising from the relationship between the parties hereto, shall be governed by the laws of the State of California. Any litigation arising out of or in connection to this Agreement shall be venued in the County of Orange. 7 20. Advertising or Publicity. Contractor shall not use, reproduce or copy the seal of the City and shall not represent the City in an official capacity as spokesperson or officer or agent or use the name City of Santa Ana, or the names of the City's officers, directors, employees or agents, in advertising or publicity releases or otherwise without securing the prior written consent of the City in each instance unless set forth in this Agreement. Nothing in this section prohibits Contractor from using the name Santa Ana Tourism Marketing District or City of Santa Ana for regional identification for promotion and marketing of the SATMD. 21. Entire Agreement. This Agreement, including all attachments, exhibits, and any other documents specifically incorporated into this Agreement, shall constitute the entire agreement between City and Contractor relating to the subject matter of this Agreement. As used herein, Agreement refers to and includes any documents incorporated herein by reference and any exhibits or attachments. This Agreement supersedes and merges all previous understandings, and all other agreements, written or oral, between the parties and sets forth the entire understanding of the parties regarding the subject matter thereof. This Agreement may not be modified except by a written document signed by both parties. 22. Modification of Agreement. This Agreement may be supplemented, amended or modified only by mutual agreement of the parties; however, this Agreement shall be subject to any amendments to the SATMD Management District Plan adopted by the City Council pursuant to the 1994 Law. No supplement, amendment or modification of this Agreement, except for a duly adopted amendment to the SATMD Management District Plan, shall be binding unless it is in writing and signed by authorized representatives of both parties. 23. Assurance of Performance. If at any time the City has good objective cause to believe Contractor may not be adequately performing its obligations under this Agreement or that Contractor may fail to complete services as required by this Agreement, City may request from Contractor prompt written assurances of performance and a written plan acceptable to City, to correct the observed deficiencies in Contractor's performance. Contractor shall provide such written assurances and written plan within thirty (30) calendar days of its receipt of City's request and shall thereafter diligently commence and fully perform such written plan. Contractor acknowledges and agrees that any failure to provide such written assurances and written plan within the required time is a material breach under this Agreement. 24. Subcontractin Assignment. Contractor shall not assign or delegate any portion of this Agreement or any duties or obligations hereunder without the City's prior written approval. However, Contractor may use subcontractors to provide any and all portions of services identified in Exhibit A without prior written consent of the City. Contractor shall remain fully responsible for compliance by its subcontractors with all the terms of this Agreement, regardless of the terms of any agreement between Contractor and its subcontractors. 25. Survival. The obligations of this Agreement, which by their nature would continue beyond the termination or expiration of the Agreement, including without limitation obligations regarding indemnification, ownership of documents, and conflict of interest, shall survive termination or expiration for two (2) years. 9 26. Severability. If a court of competentjurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected, unless an essential purpose of this Agreement would be defeated by the loss of the illegal, unenforceable, or invalid provision. {Signatures on following page} N-2021-059 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first written above. ATTEST Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Aft iim�y RYAN O. HODGE Assistant City Attorney RECOMMENDED FOR APPROVAL -�i!51-tJ"-� STEVEN A. MENDOZA Executive Director Community Development Agency 10 CITY OF SANTA ANA EI G City Manager TRAVEL SANTA ANA �.�/MLA •� III.. �.1 .11��t n. w.(� EXHIBIT A Scope of Services Contractor shall provide the following services: 1. Contractor shall cooperate with City and City staff in the performance of all work hereunder. 2. Contractor will provide projects, programs and activities that benefit businesses within the SATMD in accordance with the SATMD Management District Plan attached hereto and any subsequent amendments thereto, and expressly incorporated herein. 3. Contractor shall develop and maintain financial records related to receipt and/or expenditure of all funds received from City. 4. Contractor shall perform responsibilities under the Property and Business Improvement District Law of 1994 (the "Law") including but not limited to: a. Preparation of the Annual Report required by the Law, which shall include: t. Any recommended changes to boundaries; 2. The improvements and activities to be provided for that fiscal year; 3. An estimate of cost for providing the improvements and activities; 4. The method and basis of levying the assessment in sufficient detail to allow each business owner to estimate the amount of the assessment to be levied against his/her business for that fiscal year; 5. The amount of any surplus or deficit revenues to be carried over from a previous fiscal year; and 6. The amount of any contributions to be made from sources other than assessments. b. Delivering the Annual Report shall be done on or within sixty (60) days following the receipt of the final remittance of the SATMD's previous fiscal year, each year of the SATMD's term. City shall provide the following: 1. As it relates to the approval of the Annual Report submitted by Contractor, the City shall process the Annual Report pursuant to the requirements set forth in Streets and Highways Code section 36650, and other pertinent sections of the Law. 11 DIOltalI,,I,nedby Francinefl. Francine R. Villareal Mllareal bate ]D31.0401 14:05:14-07'00' ACIISM ' CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 04/01/2021 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 CONTACT EDDIE QUILLARES JR NAME: StateFarill EDDIE QUILLARES JR. PHONE 714.617.7150 uc Ani STATE FARM INSURANCE AGENCY No; hMAILss EDDI E@EDDIEQINSURANCE.COM ADDREINSURERS ISW AFFORDING COVERAGE NAICIt 415 BROADWAY INSURER A: State Farm Fire and Casualty Company 25143 SANTA ANA CA 92701 INSURED INSURER B: State Farm General Insurance Company 25151 INSURER C : TRAVEL SANTA ANA INSURER D 1631 W SUNFLOWER AVE STE C 35 INSURER E: SANTA ANA CA 92704 INSURER F: COVERAGES CERTIFICATE NUMBER: 75-0450 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, INTR TYPE OF INSURANCE ADDL SUER me POLICY NUMBER POLICY EFFrMM/DD"W MWDU/YYYY LIMITSX A COMCLAIMSMADEMERCIAL IALLIABILITY CLAIMS -MADE ❑XOCCUR Y Y 92-G5-S227-1 01/01/2021 EACHOCCURRENE $ 1,000,000 PREMI ETORENTED PREMISES Ea occurrence 300,000 $MED GEN'L EXP(Any one parson) $ 5,000 PERSONAL B ADV INJURY $ 1,000,000 AGGREGATE LIMIT APPLIES PER: POLICY ❑ PRO- ❑ LOC ECT OTHER GENERAL AGO REGATE $ 2,000,000 PRODUCTS - COMPIOP AEG $ 2,000,000 $ A AUTOMOBILE X LIABILITY ANY AUTO AUTOS ONLY AUTOS HIRED NONAWNED ONLY X AUTOS ONLY Y Y 92-G5-S227-1 03/01/2021 03/01/2022 COMBINED SINGLE LIMIT Ee accident $ 1,OB0,000 RY(P., pemon) $ 1,000,000 BODILYRY IPer accldenQ $ 1,000,000 DAMAGEXAUTOS $ 1,000,000 VGATE $ UMBRELLA LIAR EXCESS LIAB OCCUR CM&MADE RRENCE $ $ DED RETENTION $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORWARTNEWEXECUTIVE YIN OFFICER/MEMBER EXCLUDED4 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA 92-G7-U822-9 03/01/2021 03/01/2022 OTH. STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 I TI DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (ACORD 101, Additlonal Remarks Schedule, may be attached If more space Is required) City of Santa Ana, its officers, employees, agents and representatives are Additional Insured with respect to General Liability per the attached endorsements as required by written contract. Insurance is Primary and Non -Contributory. Cancellation Clause: City will be mailed 30 days' written notice of policy cancellation and the references "endeavor to" and "failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" shall be removed or crossed out. CITY OF SANTA ANA RISK MANAGEMENT DIVISION 20 CIVIC CENTER PLAZA SANTA ANA 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 CA 92702 1988-2015 ACORD ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD am Rlek Mrolagtmunt D[vialaR IEWED 6r APPROVED BY:isk Management Analyit Exhibit B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company: State Farm Insurance This endorsement modifies such insurance as is afforded by the provisions of Policy Number: 92-G5-S227-1 relating to the following: 1) The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California, 92701; its officers, agents, and employees are to be named as "additional insured" with regard to liability and defense of snits arising from operations and uses performed by or on behalf of the named insured. 2) 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 to contributing with any other insurance carried by or for the benefit of the additional insured. 3) This insurance applies separately to each insured against whom claim is or suit is brought except with respect to the company's limit of liability. This inclusion of any person or organization as an insured shall not affect any right which is such person or organization would have as claimant if not so included. 4) With respect to the additional insured, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) written notice has been given to The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California, 92701. Effective January 01, 2021 this endorsement form as a part of Policy Number: 92-G5-S227-1. Issued to Travel Santa Ana. Countersigned by Authorized Representative / E U= cis Risk MwagmentDiAsian REVIEWED&APPROVED BY: '� Risk Management Analyst