HomeMy WebLinkAboutSTANBRIDGE UNIVERSITY FOUNDATIONINSURANCE NOT ON FILE
WORK MAY NOT PROCEED
CLERK OF COUNCIL
N-2021-103
Q DATE: AGREEMENTWITH STANBRIDGE UNIVERSITY FOUNDATION FOR
OUTREACH PROJECT (ROOTS FOR CHANGE)
PPQCSR Silvia Cue�as� L!3
This Agreement is made and entered into this 29th day of April, 2021 by and between
Stanbridge University Foundation ("Stanbridge") a California non-profit public benefit corporation and
the City of Santa Ana, a charter city and Municipal Corporation organized and existing under the
Constitution and laws of the State of California ("City").
RECITALS
A. Whereas, Stanbridge has partnered with a local non-profit organization, ShadeTree
Nursery as part of Stanbridge University's OutReach: Roots for Change initiative ("initiative") which
aims to plant 10,000 trees across Orange County.
B. Whereas, the aim of Stanbridge's OutReach: Roots for Change initiative is to beautify and
enhance parks while helping to restore any areas damaged by the current wildfires and to help provide
cleaner air and a healthier environment.
C. Whereas, in 2019, Stanbridge pursuant to its initiative, assisted in the planting of
plants/trees in City parks in the Fall of 2019 and in the Spring of 2020.
D. Whereas, pursuant to its initiative, Stanbridge would like to assist in the planting of
additional plants/trees in City Parks ("the project").
E. Whereas, ShadeTree Nursery will provide all plants/trees for the project.
F. Whereas the parties have agreed to work together on the project with both City and
Stanbridge assisting with various parts of the project.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to
the terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
A. Stanbridee's Obligations
Stanbridge will coordinate volunteers for tree planting events hosted in City parks. Stanbridge,
in partnership with ShadeTree Nursery, will plant an as of yet undetermined amount of plants and
trees City parks, at events pre -approved in writing by the parties or their designees. All plants/trees
planted pursuant to this Agreement shall be on the current inventory list for ShadeTree Nursery and
shall be pre -approved (plantitree amount, plant/tree type and planting location) by the City's
Executive Director of Parks, Recreation and Community Services Agency or her designee. Stanbridge
shall also require any volunteers assisting with the project to sign a waiver in a form approved by the
City Attorney and will provide copies of all signed waiver forms to the City upon request.
Page 1 of 7
B. City's Obligations
City will identify the location(s) within City park(s) for the plants/trees to be planted, provide
all ties, stakes, irrigation services, maintenance of plant materials, and construction equipment
necessary to plant the materials (including, but not limited to augurs, etc.) City will transport
trees/plants and material to planting locations for volunteers prior to planting. City agrees to provide
buckets and water for the plant/tree planting events. City will also instruct volunteers on site at the
scheduled events on the proper method for planting trees/plants. City will allow Stanbridge to issue
press releases recognizing its Roots for Change plant/tree planting initiative in City parks and press
releases regarding planting events organized pursuant to this Agreement. Stanbridge will submit press
releases to the City Manager or her designee for approval prior to any public release.
2. COMPENSATION
City agrees to accept services and provide the supplies noted above and Stanbridge agrees to
provide services, volunteers, plants/trees and landscape materials free of charge to the City. This
Agreement does not contemplate the payment of monies to Stanbridge or ShadeTree Nursery on the
part of the City.
3. TERM
This Agreement shall commence on the date stated above and terminate on December 312022,
unless terminated earlier in accordance with Section 12, below.
4. INDEPENDENT CONTRACTOR
Stanbridge shall, during the entire term of this Agreement, be construed to be an independent
contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to
create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise
discretion or control over the professional manner in which Stanbridge performs the services which are
the subject matter of this Agreement; however, the services to be provided by Stanbridge shall be
provided in a manner consistent with all applicable standards and regulations governing such services.
Stanbridge shall pay all salaries and wages, employer's social security taxes, unemployment insurance and
similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
5. INSURANCE
Stanbridge shall provide to the City proof of insurance prior to undertaking performance of
work under this Agreement. Stanbridge shall maintain and shall require its subcontractors, if any, to
obtain and maintain insurance as described below:
a. Commercial General Liability (CGL): Insurance Services Office Form CG 00
01covering CGL on an "occurrence" basis, including products and completed
operations, property damage, bodily injury and personal & advertising injury with limits
no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the
general aggregate limit shall apply separately to this projecttlocation (ISO CG 25 03 or
25 04) or the general aggregate limit shall be twice the required occurrence limit.
Page 2 of 7
b. Automobile Liability: Insurance Services Office Form Number CA 0001 covering,
Code I (any auto), or if Instructor has no owned autos, Code 8 (hired) and 9 (non -
owned), with limits no less than $1,000,000 per accident for bodily injury and property
damage.
C. Workers' Compensation: as required by the State of California, with Statutory Limits,
and Employer's Liability Insurance with limit of no less than $1,000,000 per accident
for bodily injury or disease.
d. If the Stanbridge maintains broader coverage and/or higher limits than the minimums
shown above, the City of Santa Ana requires and shall be entitled to the broader
coverage and/or the higher limits maintained by the Stanbridge. Any available insurance
proceeds in excess of the specified minimum limits of insurance and coverage shall be
available to the City of Santa Ana.
e. Other Insurance Provisions - The insurance policies are to contain, or be endorsed to
contain, the following provisions:
i. Additional Insured Status. the City of Santa Ana, its officers, officials,
employees, and volunteers are to be covered as additional insureds on the CGL
policy with respect to liability arising out of work or operations performed by or
on behalf of the Stanbridge including materials, parts, or equipment furnished in
connection with such work or operations. General liability coverage can be
provided in the form of an endorsement to the Stanbridge' insurance (at least as
broad as ISO Form CG 20 10 1185 or if not available, through the addition of
both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later
edition is used).
ii. Primary Coverage- For any claims related to this contract, the Stanbridge'
insurance coverage shall be primary coverage at least as broad as ISO CG 20 01
04 13 as respects the City of Santa Ana, its officers, officials, employees, and
volunteers. Any insurance or self-insurance maintained by the City of Santa
Ana, its officers, officials, employees, or volunteers shall be excess of the
Stanbridge' insurance and shall not contribute with it.
iii. Notice of Cancellation- Certificate of Insurance shall provide thirty (30) day
prior written notice of cancellation in a form approved by the City.
f Waiver of Subrogation- Stanbridge hereby grants to City of Santa Ana a waiver of any
right to subrogation, which any insurer of said Stanbridge may acquire against the
Entity by virtue of the payment of any loss under such insurance.- Stanbridge agrees to
obtain any endorsement that may be necessary to affect this waivr of subrogation, but
this provision applies regardless of whether or not the Entity has received a waiver of
subrogation endorsement from the insurer.
g. If Stanbridge fail or refuse to produce and maintain the insurance required by this
section, or fail or refuse to furnish the City with required proof that insurance has been
procured and is in force and paid for, the City shall have the right, at the City's election,
to forthwith terminate this Agreement.
6. INDEMNIFICATION
Stanbridge agrees to and shall defend, indemnify and hold harmless the City, its officers,
agents, employees, consultants, special counsel, and representatives from liability: (1) for personal
Page 3 of 7
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the direct or
indirect operations of Stanbridge or its contractors, subcontractors, agents, employees, or other persons
acting on their behalf which relates to the services described in section 1 of this Agreement; and (2)
from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief
is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold
harmless agreement applies to all claims for damages, just compensation, restitution, judicial or
equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this
Section or by reason of the terms of, or effects, arising from this Agreement. Stanbridge further agrees
to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for
special counsel to be selected by the City, regarding any action by a third party challenging the validity
of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or
equitable relief due to personal or property rights arises by reason of the terms of, or effects arising
from this Agreement. City may make all reasonable decisions with respect to its representation in any
legal proceeding. Notwithstanding the foregoing, to the extent Stanbridge's Services are subject to
Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code
Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or
willful misconduct of the Stanbridge.
7. CONFIDENTIALITY
If Stanbridge receives from the City information which due to the nature of such information is
reasonably understood to be confidential and/or proprietary, Stanbridge agrees that it shall not use or
disclose such information except in the performance of this Agreement, and further agrees to exercise
the same degree of care it uses to protect its own information of like importance, but in no event less
than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential
information includes not only written information, but also information transferred orally, visually,
electronically, or by other means. Confidential information disclosed to either party by any subsidiary
and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use
and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available
sources; (b) is, through no fault of the Stanbridge disclosed in a publicly available source; (c) is in
rightful possession of the Stanbridge without an obligation of confidentiality; (d) is required to be
disclosed by operation of law; or (e) is independently developed by the Stanbridge without reference to
information disclosed by the City.
8. CONFLICT OF INTEREST CLAUSE
Stanbridge covenants that it presently has no interests and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified under this
Agreement.
9. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall
be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or
certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the manner
provided in this Section, to the following persons:
Page 4 of 7
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax:714-647-6956
Copies to: Parks, Recreation & Community Services Agency
City of Santa Ana
20 Civic Center Plaza (M-23)
Santa Ana, California 92702
Fax: 714-571-4221
To Stanbridge: Stanbridge University Foundation
Outreach Department
2041 Business Center Drive, Suite 107
Administration I
Irvine, CA 92612
Fax:(949) 794-9094
A party may change its address by giving notice in writing to the other party. Thereafter, any
communication shall be addressed and transmitted to the new address. If sent by mail, communication
shall be effective or deemed to have been given three (3) days after it has been deposited in the United
States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent
by facsimile, communication shall be effective or deemed to have been given twenty-four (24) hours
after the time set forth on the transmission report issued by the transmitting facsimile machine,
addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state,
County or City holidays shall be excluded.
10. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Stanbridge regarding the subject matter herein, and supersedes any and all other agreements, oral or
written, between the parties. In the event of a conflict between the terms of this Agreement and any
attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified
except by written instrument signed by the City and by an authorized representative of Stanbridge.
The parties agree that any terms or conditions of any purchase order or other instrument that are
inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate
Stanbridge nor the City. Each party to this Agreement acknowledges that no representations,
inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone
acting on behalf of any party, which are not embodied herein.
11. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Stanbridge,
Stanbridge may not assign, transfer, delegate, or subcontract any interest herein, except as already
Page 5 of 7
specified in this Agreement, without the prior written consent of the City and any such assignment,
transfer, delegation or subcontract without the City's prior written consent shall be considered null and
void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the
services, which are the subject to this Agreement performed by City personnel or by other contractors
retained by City.
12. TERMINATION
This Agreement may be terminated by the City upon seven (7) days written notice of
termination.
13. NON-DISCRIMINATION
Stanbridge shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information,
or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by
applicable law, in the recruitment, selection, training, utilization, promotion, termination or other
employment related activities. Stanbridge affirm that it is an equal opportunity employer and shall
comply with all applicable federal, state, and local laws and regulations.
14. JURISDICTION -VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California. Both parties further agree that Orange
County, California, shall be the venue for any action or proceeding that may be brought or arise out of,
in connection with or by reason of this Agreement.
15. PROFESSIONAL LICENSES
Stanbridge shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and
required by the laws and regulations of the United States, the State of California, the City of Santa Ana
and all other governmental agencies, including without limitation, the California Bureau of Security
and Investigative Services. Stanbridge shall notify the City immediately and in writing of its inability
to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall
be cause for termination of this Agreement.
16. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in
the body of this Agreement.
Page 6 of 7
N-2021-103
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
�.
DAISY GOMEZ
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: dPauns- A R
LAURA A. ROSSINI
Chief Assistant City Attorney
RECOMMENDED FOR APPROVAL:
A6UDL�FF
Dctor of Parks, Recreation &
Community Services Agency
CITY OF SANTA ANA
KRI TINE RIDGE
City Manager
STANBRIDGE:
Yasith 019ftalty sl9e� by Yasith
Weereemiye
Weerasuriya D. BA 2-0ig0°
Stanbridge University Foundation
Yasith Weerasuriya
President
Page 7 of 7
CITY OF SANTA ANA
RISK MANAGEMENT ad&&,[%a°dHUMANRESOURCES ---
Managing PJsk ftough Poddim Change
2021 STANBRIDGE UNIVERSITY ROOT FOR CHANGE
WAIVER AND LIABILITY RELEASE FORM
TITLE OF EVENT/ACMM-Y.
EVENT DATE:
DEscRIPnciN OF EVENT/AmvRY
Each participant must submit/bring a signed original document or sign in person.
NO EXCEPTIONS
In consideration of being permitted to participate in )"the Event")
I hereby assume all responsibility for any and all risk of property damage or bodily injury that I or
my employees and/or personnel connected to my operations may cause or sustain while
participating in the Event, including my participation in activities and the use of equipment while
participating or providing services at the Event.
Further, I, for myself and my heirs, executors, administrators and assigns, hereby release, waive
and discharge the City of Santa Ana and its officers, directors, employees, agents and volunteers
of and from any and all claims which I or my heirs, administrators and assigns ever may have
against any of the above for, on account of, by reason of or arising in connection with my
participation or presence at the Event site, and hereby waive all such claims, demands and
causes of action.
Further, I expressly agree that this release, waiver and indemnity agreement is intended to be as
broad and inclusive as permitted by the State of California, and that if any portion thereof is held
invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Further, I have carefully read the foregoing release and indemnification and understand the
contents thereof and sign this release as my own, free act.
T T
NAME:
DATE:
.SIGNATURE (IF UNDER 18, GUARDIANS SIGNATURE)
NAME/ RELATIONSHIP OF GUARDIAN
ADDRESS:
Please direct questions to Risk
via email at
or call (714) 647
Risk Mgmt/Insurance Requirements/English Waiver Release CY 2021 04-07-2021
CITY OF SANTA ANA
RISK MANAGEMENT, 4%woea 4HUMAN RESOURCES
Managing Risk eyowh PosOve Change _
2021 STANBRIDGE UNIVERSITY ROOT FOR CHANGE
RENUNCIA Y FORMULARIO DE LI13ERAC16N DE RESPONSABILIDAD
rnE OF EVENT/Acnvrrr
UESCRIPTION OF
EVENT/ACTIvfrY:
NU HAY EXCEPCIONES - tS ODllgaclon que caaa representante entregue este
documento original ya firmado, o que firme en persona
En consideraci6n de que se me permita participar en ("el Evento/
Actividad"I por la presente asumo toda responsabilidad por cualquier riesgo de Banos a la
propiedad o lesiones corporates que yo o mis empleados y/ o el personal conectado a mis
operaciones puedan causar o sufrir mientras participo en el Evento, incluida mi participaci6n
en actividades y el use de equipos mientras participo o presto servicios en el Evento.
Ademas, yo, para mi y mis herederos, ejecutores, administradores y cesionarios, por la
presente libero, renuncio y descargo a la Ciudad de Santa Ana y sus funcionarios, directores,
empleados, agentes y voluntarios de y de todos y cada uno de los reclamos que yo o mis
herederos, los administradores y cesionarios pueden tener contra cualquiera de Jos anteriores
por, en raz6n de, o en relaci6n con mi participaci6n o presencia en el sitio del Evento, y por la
presente renuncian a tales reclamos, demandas y causas de acci6n.
Ademas, acepto expresamente que este acuerdo de exenci6n, exenci6n a indemnizaci6n
tiene la intenci6n de ser tan amplio a inclusivo como to permita el Estado de California, y que
si atguna parte del mismo se considera invaiida, se acuerda que el saldo, sin embargo,
continuara en plena vigencia legal.
Ademas, he leido cuidadosamente el comunicado y la indemnizaci6n anteriores y entiendo el
contenido del mismo y firmo este comunicado como mi propio acto libre.
ESTOY TOTALMENTE INFORMADO DEL CONTENIDO DE ESTA LIBERAC16N DE
RESPONSABILIDAD Y MI ASLINWN DE RIESGO.
NOMBRE: FECHA:
FIRMA (SI MENOR DE 18, DE PADRE O TUTOR)
NOMBRE/ RELACION DEL TUTOR
DOMICILIO:
Risk Mgmt/Insurance Requirements/Spanish Waiver Release CY 2021 04-07-2021
Digitally signed by Francine R.
Francine R. Villareal Villareal
A� " CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
05/25/2021
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 Lena Marrujo
NAME:
FALCON WEST INSURANCE BROKERS, INC.
a/cNr.Ext: (619)297-9181 ac,No: (619)297-3366
License # 0616640
E-MAIL lenam@falconwest.com
ADDRESS:
INSURER(S) AFFORDING COVERAGE
NAIC #
2525 Camino Del Rio S Ste 100
San Diego CA 92108
INSURERA: Federal Insurance Company
20281
INSURED
INSURERB: Citizens Insurance Company ofAmerica
31534
Stanbridge University, Inc.
INSURER C : Allmerica Financial Benefit Insurance Company
41840
2041 Business Center Drive
INSURER D : The Hanover Insurance Company
22292
INSURER E : Indian Harbor Insurance Company
36940
Irvine CA 92612
INSURER F
COVERAGES CERTIFICATE NUMBER: 21-22 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
INSD
WVD
POLICY NUMBER
POLICY EFF
MWDD/YYYY
POLICY EXP
MM/DD/YYYY
LIMITS
X
COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE
$ 1,000,000
CLAIMS -MADE OCCUR
DAMAGE TO
PREM SES Ea 0NcurrDence
$ 100,000
MED EXP (Any one person)
$ 15,000
PERSONAL &ADV INJURY
$ 1,000,000
B
Y
ZB3-D302621-04
07/02/2021
07/01/2022
LAGGREGATE LIMITAPPLIES PERGENERAL
AGGREGATE
$ 3,000,000
POLICY ElPRO ❑X LOC
JECT:
MOTHER
PRODUCTS-COMP/OPAGG
$ Included
$
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT
Ea accident
$ 1,000,000
X
BODILY INJURY (Per person)
$
ANYAUTO
C
OWNED SCHEDULED
AUTOS ONLY AUTOS
AW3-D302637-04
07/02/2021
07/01/2022
BODILY INJURY (Pe r accide nt)
$
PROPERTY DAMAGE
Per accident
$
HIRED NON -OWNED
AUTOS ONLY AUTOS ONLY
X
UMBRELLA LIAB
X
OCCUR
EACH OCCURRENCE
$ 1,000,000
AGGREGATE
$ 1,000,000
D
EXCESS LIAB
CLAIMS -MADE
UH3-D302626-04
07/02/2021
07/01/2022
DED I X1 RETENTION $ 0
XS over GL,AL,EL
$
AOFFICER/MEMBER
WORKERS COMPENSATION
AND EMPLOYERS' LIABI LI TY YIN
ANY PROPRIETOR/PARTNER/EXECUTIVE
EXCLUDED?
(Mandatory in NH)
NIA
71835392
04/06/2021
04/06/2022
X STATUTE EORH
E.L. EACH ACCIDENT
1,000,000
$
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
If yes, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLICY LIMIT
1,000,000
$
ELL Each Claim Limit
$2,000,000
E
Educators Legal Liability
Employment Practices Liability
ELL0950598-03/TBD
07/01/2021
07/01/2022
EPL Each Claim Limit
$1,000,000
Policy Aggregate Limit
$4,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
City of Santa Ana its officers, employees, agents, volunteers, and representatives is included as additional insureds. Certificate of Insurance shall provide
thirty (30) day prior written notice of cancellation
CERTIFICATE HOLDER CANCELLATION
City of Santa Ana
Risk Management Div. 4th Floor
20 Civic Center Plaza
Santa Ana
ACORD 25 (2016/03)
CA 92702
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
@ 1988-2015
The ACORD name and logo are registered marks of ACORD
�oRaN Risk ManagementDivisian
REVIEWED & APPROVED BY.-
o z
Risk Management Analyst
ZB3 D302621 04 1001730
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL GENERAL LIABILITY BROADENING ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SUMMARY OF COVERAGES
1.
Additional Insured by Contract, Agreement or Permit
Included
2.
Additional Insured — Primary and Non -Contributory
Included
3.
Blanket Waiver of Subrogation
Included
4.
Bodily Injury Redefined
Included
6.
Broad Form Property Damage — Borrowed Equipment, Customers Goods & Use of Elevators
Included
6.
Knowledge of Occurrence
Included
7.
Liberalization Clause
Included
8.
Medical Payments — Extended Reporting Period
Included
9.
Newly Acquired or Formed Organizations - Covered until end of policy period
Included
10.
Non -owned Watercraft
51 ft.
11.
Supplementary Payments Increased Limits
- Bail Bonds
$2,500
- Loss of Earnings
$1000
12.
Unintentional Failure to Disclose Hazards
Included
13.
Unintentional Failure to Notify
Included
This endorsement amends coverages provided under the Commercial General Liability Coverage Part through
new coverages, higher limits and broader coverage grants.
1. Additional Insured by Contract, Agreement or
Permit
The following is added to SECTION II — WHO IS
AN INSURED:
Additional Insured by Contract, Agreement or
Permit
a. Any person or organization with whom you
agreed in a written contract, written agreement
or permit that such person or organization to
add an additional insured on your policy is an
additional insured 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, but only with respect to:
(1) "Your work" for the additional insured(s)
designated in the contract, agreement or
permit;
(2) Premises you own, rent, lease or occupy;
or
(3) Your maintenance, operation or use of
equipment leased to you.
b. The insurance afforded to such additional
insured described above:
(1) Only applies to the extent permitted by
law; and
(2) Will not be broader than the insurance
which you are required by the contract,
agreement or permit to provide for such
additional insured.
421-2916 06 16 Includes copyrighted material of Insurance Services Office, Inc., with its permissior
�oRaN
3 z
a
Risk ManagemerdDiMsiun
REVIEWED & APPROVED BY.-
4'
p PZ. V
Risk Management Analyst
ZB3 D302621 04 1001730
(3) Applies on a primary basis if that is
required by the written contract, written
agreement or permit.
(4) Will not be broader than coverage
provided to any other insured.
(6) Does not apply if the "bodily injury",
"property damage" or "personal and
advertising injury" is otherwise excluded
from coverage under this Coverage Part,
including any endorsements thereto.
c. This provision does not apply:
(1) Unless the written contract or written
agreement was executed or permit was
issued prior to the "bodily injury', "property
damage", or "personal injury and
advertising injury".
(2) To any person or organization included as
an insured by another endorsement
issued by us and made part of this
Coverage Part.
(3) To any lessor of equipment:
(a) After the equipment lease expires; or
(b) If the "bodily injury", "property
damage", "personal and advertising
injury" arises out of sole negligence of
the lessor
(4) To any:
(a) Owners or other interests from. whom
land has been leased which takes
place after the lease for the land ex-
pires; or
(b) Managers or lessors of premises if:
(i) The occurrence takes place after
you cease to be a tenant in that
premises; or
(ii) The "bodily injury", "property
damage", "personal injury" or
"advertising injury" arises out of
structural alterations, new con-
struction or demolition operations
performed by or on behalf of the
manager or lessor.
(6) To "bodily injury", "property damage" or
"personal and advertising injury" arising
out of the rendering of or the failure to
render any professional services.
This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in the supervision,
hiring, employment, training or monitoring
of others by that insured, if the
"occurrence" which caused the "bodily
injury" or "property damage" or the offense
which caused the "personal and
advertising injury" involved the rendering
of or failure to render any professional
services by or for you.
d. With respect to the insurance afforded to
these additional insureds, the following is
added to SECTION III — LIMITS OF
INSURANCE:
The most we will pay on behalf of the
additional insured for a covered claim is the
lesser of the amount of insurance:
1. Required by the contract, agreement or
permit described in Paragraph a.; or
2. Available under the applicable Limits of
Insurance shown in the Declarations.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
2. Additional Insured — Primary and Non -
Contributory
The following is added to SECTION IV —
COMMERCIAL GENERAL LIABILITY
CONDITIONS, Paragraph 4. Other insurance:
Additional Insured — Primary and Non -
Contributory
If you agree in a written contract, written
agreement or permit that the insurance provided to
any person or organization included as an
Additional Insured under SECTION II — WHO IS
AN INSURED, is primary and non-contributory,
the following applies:
If other valid and collectible insurance is available
to the Additional Insured for a loss covered under
Coverages A or B of this Coverage Part, our
obligations are limited as follows:
a. Primary Insurance
This insurance is primary to other insurance
that is available to the Additional Insured
which covers the
Additional Insured as a Named Insured. We
will not seek contribution from any other
insurance available to the Additional Insured
except:
(1) For the sole negligence of the Additional
Insured;
(2) When the Additional Insured is an
Additional Insured under another primary
liability policy; or
(3) when b. below applies.
If this insurance is primary, our obligations are
not affected unless any of the other insurance
is also primary. Then, we will share with all
that other insurance b
in c. below.
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b. Excess Insurance
(1) This insurance is excess over any of the
other insurance, whether primary, excess,
contingent or on any other basis:
(a) That is Fire, Extended Coverage,
Builder's Risk, Installation Risk or
similar coverage for "your work";
(b) That is Fire insurance for premises
rented to the Additional Insured or
temporarily occupied by the Additional
Insured with permission of the owner;
(c) That is insurance purchased by the
Additional Insured to cover the
Additional Insured's liability as a
tenant for "property damage" to
premises rented to the Additional
Insured or temporarily occupied by the
Additional with permission of the
owner; or
(d) If the loss arises out of the
maintenance or use of aircraft, "autos"
or watercraft to the extent not subject
to Exclusion g. of SECTION I —
COVERAGE A — BODILY INURY
AND PROPERTY DAMAGE
LIABILITY.
(2) When this insurance is excess, we will
have no duty under Coverages A or B to
defend the insured against any "suit" if any
other insurer has a duty to defend the
insured against that "suit". If no other
insurer defends, we will undertake to do
so, but we will be entitled to the insured's
rights against all those other insurers.
(3) When this insurance is excess over other
Insurance, we will pay only our share of
the amount of the loss, if any, that
exceeds the sum of:
(a) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(b) The total of all deductible and self
insured amounts under all that other
insurance.
We will share the remaining loss, if any,
with any other insurance that is not
described in this Excess Insurance
provision and was not bought specifically
to apply in excess of the Limits of
Insurance shown in the Declarations of
this Coverage Part.
c. Method Of Sharing
If all of the other insurance permits
contribution by equal shares, we will follow this
method also. Under this approach each
insurer contributes equal amounts until it has
paid its applicable limit of insurance or none of
the loss remains, whichever comes first. If any
of the other insurance does not permit
contribution by equal shares, we will contribute
by limits. Under this method, each insurer's
share is based on the ratio of its applicable
limit of insurance to the total applicable limits
of insurance of all insurers
3. Blanket Waiver of Subrogation
The following is added to SECTION IV —
COMMERCIAL GENERAL LIABILITY
CONDITIONS, Paragraph 8. Transfer Of Rights
Of Recovery Against Others To Us:
We waive any right of recovery we may have
against any person or organization with whom you
have a written contract that requires such waiver
because of payments we make for damage under
this coverage form. The damage must arise out of
your activities under a written contract with that
person or organization. This waiver applies only to
the extent that subrogation is waived under a
written contract executed prior to the "occurrence"
or offense giving rise to such payments.
4. Bodily Injury Redefined
SECTION V — DEFINITIONS, Definition 3. "bodily
injury" is replaced by the following:
3. "Bodily injury" means bodily injury, sickness or
disease sustained by a person including death
resulting from any of these at any time. "Bodily
injury" includes mental anguish or other
mental injury resulting from "bodily injury".
6. Broad Form Property Damage — Borrowed
Equipment, Customers Goods, Use of
Elevators
a. SECTION I — COVERAGES, COVERAGE A —
BODILIY INJURY AND PROPERTY
DAMAGE LIABILITY, Paragraph 2.
Exclusions subparagraph j. is amended as
follows:
Paragraph (4) does not apply to "property
damage" to borrowed equipment while at a
jobsite and not being used to perform
operations.
Paragraphs (3), (4) and (6) do not apply to
"property damage" to "customers goods" while
on your premises nor do they apply to the use
of elevators at premises you own, rent, lease
or occupy.
b. The following is added to SECTION V —
DEFINTIONS:
24. "Customers goods" means property of
your customer on our premises for f th
421-2916 06 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission
e
purpose of being:
421-2916 06 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission
Risk Management Diviaian
REVIEWED & APPROVED BY.-
P>
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Risk Management Analyst
ZB3 D302621 04 1001730
a. worked on; or
b. used in your manufacturing process
c. The insurance afforded under this provision is
excess over any other valid and collectible
property insurance (including deductible)
available to the insured whether primary,
excess, contingent
G. Knowledge of Occurrence
The following is added to SECTION IV —
COMMERCIAL GENERAL LIABILITY
CONDITIONS, Paragraph 2. Duties in the Event
of Occurrence, Offense, Claim or Suit:
e. Notice of an 'occurrence", offense, claim or
"suit" will be considered knowledge of the
insured if reported to an individual named
insured, partner, executive officer or an
"employee" designated by you to give us such
a notice.
7. Liberalization Clause
The following is added to SECTION IV —
COMMERCIAL GENERAL LIABILITY
CONDITIONS:
Liberalization Clause
If we adopt any revision that would broaden the
coverage under this Coverage Form without
additional premium, within 45 days prior to or
during the policy period, the broadened coverage
will immediately apply to this Coverage Part.
8. Medical Payments — Extended Reporting
Period
a. SECTION I — COVERAGES, COVERAGE C —
MEDICAL PAYMENTS, Paragraph 1.
Insuring Agreement, subparagraph a.(3)(b)
is replaced by the following:
(b) The expenses are incurred and reported
to us within three years of the date of the
accident; and
b. This coverage does not apply if COVERAGE
C — MEDICAL PAYMENTS is excluded either
by the provisions of the Coverage Part or by
endorsement.
10. Non -Owned Watercraft
SECTION I — COVERAGES, COVERAGE A
BODILY INJURY AND PROPERTY DAMAGE
LIABILITY, Paragraph 2. Exclusions,
subparagraph g.(2) is replaced by the following:
g. Aircraft, Auto Or Watercraft
(2) A watercraft you do not own that is:
(a) Less than 51 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.
11. Supplementary Payments Increased Limits
SECTION I — SUPPLEMENTARY PAYMENTS
COVERAGES A AND B, Paragraphs 1.b. and
1.d. are replaced by the following:
1.b. Up to $2,500 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 bonds.
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 $1000 a
day because of time off from work.
12. Unintentional Failure to Disclose Hazards
The following is added to SECTION IV —
COMMERCIAL GENERAL LIABILITY
CONDITIONS, Paragraph G. Representations:
We will not disclaim coverage under this Coverage
Part if you fail to disclose all hazards existing as of
the inception date of the policy provided such
failure is not intentional.
13. Unintentional Failure to Notify
The following is added to SECTION IV —
COMMERCIAL GENERAL LIABILITY
CONDITIONS, Paragraph 2. Duties in the Event
of Occurrence, Offense, Claim or Suit:
9. Newly Acquired Or Formed Organizations Your rights afforded under this policy shall not be
prejudiced if you fail to give us notice of an
SECTION II — WHO IS AN INSURED, Paragraph 'occurrence", offense, claim or "suit", solely due to
3.a. is replaced by the following: your reasonable and documented belief that the
a. Coverage under this provision is afforded until "bodily injury" or "property damage" is not covered
the end of the policy period. under this policy.
ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED.
421-2915 06 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission
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Risk ManagemerdDiMsiun
REVIEWED & APPROVED BY:
P>. Vj
Risk Management Analyst
Hanover
Insurance Group...
RENEWAL OF POLICY UH3 D302626 03
COMMERCIAL FOLLOW FORM EXCESS AND UMBRELLA POLICY
THESE DECLARATIONS, TOGETHER WITH THE COVERAGE FORM(S) AND ANY ENDORSEMENT(S),
COMPLETE THE BELOW NUMBERED POLICY.
POLICY NUMBER: UH3 D302626 04
COMPANY: Hanover Insurance Company
DECLARATIONS
Item 1. Named Insured and Address
(No., Street, Town, County, State)
Agent
STANBRIDGE UNIVERSITY 1001695
2041 BUSINESS CENTER DRIVE FALCON -WEST INSURANCE
STE. 10 BROKERS INC
IRVINE CA 92612 2525 CAMINO DEL RIO S100
SAN DIEGO CA 92108
Item 2. Policy Period: (Month, Day, Year)
From 07/02/2021 To 07/01 /2022
12:01 A. M., standard time at the address of the Named Insured as stated herein.
Form of Business:
❑ Individual ❑ Partnership ❑x Corporation ❑ Limited Liability Company
❑ Organization (Other than Partnership, Joint Venture or Limited Liability Company)
Business Description: Educational Institution
IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS
POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. THIS
PREMIUM MAY BE SUBJECT TO AUDIT.
Item 3. Limit of Insurance
Each Occurrence or Each Claim Limit: $7,000,000
Products — Completed Operations Aggregate Limit: $7,000,000
General Aggregate Limit $7,000,000
Retained Limit: $0
Item 4. Premium Computation:
Estimated Annual Premium
Premium Surcharges $
(Premium Surcharges NOT APPLICABLE in New York)
Annual Minimum Premium
Advance Premium
Endorsements:
See next page
475-0002 12 14 Page 1
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Original Insured
HORaN
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Risk Management Analyst
Hanover
Insurance Group -
SCHEDULE OF UNDERLYING POLICIES
Insured: STANBRIDGE UNIVERSITY
Effective on and after 07/02/2021 12:01 A.M. Standard Time
This Schedule is part of Policy Number: UH3 D302626 04
CARRIER, POLICY NUMBER & PERIOD
TYPE OF POLICY
APPLICABLE LIMITS OR AMOUNT OF INSURANCE
a) Carrier: CITIZENS INSURANCE COMPANY
Commercial General Liability
$1,000,000 Occurrence/ Each Claim
OF AMERICA
Policy Number: ZB3 D302621 04
❑ Owned Autos
$1,000,000 Personal Injury
Policy Period: 07/02/2021 TO 07/02/2022
❑ Non -owned & Hired Autos
$1,000,000 Advertising Injury
$3,000,000 General Aggregate
Ind in Gen Agg Product/Completed Operations
Aggregate
b) Carrier: ALLMERICA FINANCIAL BENEFITS
Comprehensive Automobile
Bodily Injury and Property Damage Liability Combined:
Liability including
Policy Number: AW3 D302637 04
❑X Owned Autos
$1,000,000 Each Accident
Policy Period: 07/02/2021 TO 07/02/2022
0 Non -Owned & Hired Autos
Bodily Injury
$ Each Person
$ Each Accident
Property Damage:
$ Each Accident
c) Carrier:
Garage Liability
Bodily Injury and Property Damage Liability Combined:
Policy Number:
❑ Dealers
Each Accident
Policy Period:
❑ Service
Garage Operations
$ Auto Only
$ Other than Auto Only
$ Aggregate
Garage Operations
$ Other than Auto Only
d) Carrier: CARRIER: FEDERAL INS
Standard Workers' Compensation
Coverage B — Employers Liability
COMPANY
& Employers' Liability
Policy Number: 71835392
Bodily Injury by Accident
Policy Period: 04/06/2021 TO 04/06/2022
$500,000 Each Accident
NEW YORK ONLY:
Bodily Injury by Disease
The Umbrella Coverage for
$500,000 Each Employee
Workers' Compensation and
$500,000 Aggregate
Employers Liability is not
applicable in situations where an
employee is subject to the New
York Workers' Compensation Law.
An "X" marked in the box provided indicates these broadening or optional coverage are provided in
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Original Insured
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Risk MmRgzmerdDi sign
REVIEWED & APPROVED BY. -
Risk Management Analyst